(a)

The zoning administrator is hereby authorized and directed to administer and initiate enforcement of the provisions of this title. This includes, but is not limited to, the following duties:

(1)

To review and pass upon applications for zoning certificates;

(2)

To inspect all land, structures and uses to determine compliance with this title, and where there are violations, to initiate appropriate corrective action;

(3)

To review and forward to the zoning board of appeals all applications for variances, special use permits, and map amendments under two platted, zoned lots or parcels for public hearing;

(4)

To review and forward to the plan commission all applications for map amendments in excess of two platted and zoned lots and to maintain up-to-date records of this title including but not limited to district maps, certificates of zoning compliance, special use permits, temporary use permits, variances, interpretive decisions, amendments, and all related matters;

(5)

To review the provisions of this title to determine whether revisions are needed, and to make recommendations on these matters to the plan commission at least annually, no later than the first meeting in June;

(6)

To cause the annual publishing of any revision of this title including the zoning district map and any amendments thereto, by January 1;

(7)

To provide information to the general public on matters related to this title.

(a)

The zoning administrator shall be responsible for all of the proceedings and examinations of the zoning board of appeals, and shall indicate the absence of any member, the vote or abstention or each member on each question and any official action taken. A copy of every rule, variance, order, or decision of the board shall be filed, and shall be a public record.

(b)

The administrator shall be responsible for all of the proceedings and examinations of the plan commission, and shall indicate the absence of any member, the vote or abstention of each member on each question and any official action taken. A copy of every decision of the commission shall be filed and shall be public record.

(c)

Upon the adoption of this title, no land shall be developed, no new use or structure shall be established or erected and no existing use or structure shall be enlarged, extended, altered, relocated, or reconstructed until a zoning certificate has been issued. The administrator shall not issue a zoning certificate unless he determines the proposed work conforms to all applicable regulations.

Every applicant for a zoning certificate shall (see copy in attachments to Ordinance No. 4779-3-95 on file in the office of the city clerk) submit to the administrator, in graphic and/or in narrative form, all of the following items:

(a)

Items of information:

(1)

Name and address of the applicant.

(2)

Name and address of the owner or operator of the proposed structure, if different from subsection (a)(1).

(3)

Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and other related information.

(4)

A graphic showing:

A.

The location of the proposed use or structure, and its relationship to existing adjacent uses or structures;

B.

The area and dimensions of the site for the proposed structure or use;

C.

The existing topography of the site (USGS ten-foot contour data is acceptable);

D.

The existing and proposed screening, landscaping and erosion control features on the site, including the parking area;

E.

The location and number of proposed parking/loading spaces and access ways; and

F.

The identification and location of all existing and proposed utilities, whether public or private.

(5)

Height and setbacks of the proposed structure.

(6)

Number and size of proposed dwelling units, if any.

(b)

Duration of certificate: The initial zoning certificate shall be valid for one year, or until revoked for failure to abide by a corrective action order. The administrator may renew initial zoning certificates for successive one year periods upon written request, provided that the applicant is making a good faith effort to complete the authorized work.

(c)

Relationship to building permits: Upon the effective date hereof, the zoning administrator shall not issue any building permit for the erection, enlargement, extension, alteration, or reconstruction of any structure unless the applicant for such permit presents to the building official a copy of the completed form for original (initial) zoning certificate pertaining to such work.

No lot or part thereof recorded or developed after the effective date hereof, and no structure or part thereof, that has been erected, enlarged, altered, relocated, or reconstructed after the effective date hereof shall be used, occupied, or put into operation until a final zoning certificate has been issued. The administrator shall not issue a final zoning certificate until he has determined that the work authorized by the initial zoning certificate has been completed in accordance with the approved plans. Failure to obtain a final zoning certificate shall constitute a violation of this title.

Note— See copy of zoning certificate attached to Ord. No. 4779-3-95 on file in the office of the city clerk.

(a)

Whenever the administrator finds, by inspection or otherwise, that any lot, structure, or use or work thereon, is in violation of this title, he shall so notify the zoning certificate applicant, and shall order corrective action.

(b)

The order to take corrective action shall be in writing and shall include:

(1)

A description of the premises sufficient for identification.

(2)

A statement indicating the nature of violation.

(3)

A statement of the remedial action necessary to effect compliance.

(4)

The date on which the violation must be corrected.

(5)

A statement that the alleged violator is entitled to a conference with the administrator if he/she so desires.

(6)

The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for so filing.

(7)

A statement that failure to obey all corrective action orders shall result in revocation of the final zoning certificate and may result in the imposition of "penalties" as defined in section 1244.01.9 of this chapter.

(c)

An annual report of corrective action orders will be prepared and distributed to the plan commission, zoning board of appeals and the city council and will be published and available for inspection by May 1.

A corrective action order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure, or use if it is:

(a)

Served personally;

(b)

Sent by certified mail, return receipt requested, to his or her last known address; or

(c)

Posted in a conspicuous place on or about the affected premises.

(a)

Whenever any work is being done in violation of any zoning certificate, the administrator's corrective action order may state that the violation must cease immediately.

(b)

In such cases, the corrective action order is equivalent to a stop order, Failure to comply with this section subjects the violator to "penalties" as defined in section 1244.01.9 of this chapter.

Notwithstanding any other provisions of this title, whenever the administrator determines that any violation of this title poses an imminent peril to life or property, he may institute, without notice of hearing, any necessary proceedings to alleviate the perilous condition.

Whenever any violation of this title occurs, or is alleged to have occurred, any person may file a complaint with the administrator. The administrator shall record such complaints, immediately investigate, and if necessary, institute appropriate corrective action.

Whoever violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this code shall be fined no more than $750.00. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

The zoning board of appeals of this municipality is hereby established in accordance with Illinois law.

(a)

Membership, appointment and compensation: The zoning board of appeals shall consist of seven members, all of whom shall reside within this municipality. Each board member shall be appointed by the mayor with the advice and consent of the council. The chairperson of the zoning board is elected by the board membership. Each board member shall receive for his services such compensation, if any, as is determined from time to time by the city council.

(b)

Terms of office:

(1)

The members of the board shall each be appointed for a term of seven years.

(2)

If a vacancy occurs by resignation or otherwise among the members of the board, the mayor shall appoint a member for the unexpired term. The mayor shall also have the power to remove any member for a statutory cause after a public hearing and two-thirds confirmation by council.

(c)

Duties and responsibilities: The board shall:

(1)

Hear and determine appeals from and review any order, requirement, decision or determination made by the zoning administrator charged with enforcement of this title.

(2)

Hear and decide all matters referred to it, or upon which it is required to pass upon under this title.

(3)

Hear and pass judgment upon applications for variations when the property owner or his agent shows that a strict application of the terms of this title relating to the use, construction or alteration of building or structures, or the use of land, imposed practical difficulties or physical hardship.

(4)

Hold public hearings, and approve or disapprove each application for a special use received in compliance with the provisions of this title.

(5)

Hold public hearings on all applications for zoning map amendments for two or less platted, zoned lots or parcels of land less than one acre in size and make a recommendation to the city council.

(6)

No rehearing shall be held on a denied appeal or application for variation or special use for a period of 12 months from the date of such denial or recommendation to deny made by the zoning board of appeals.

(d)

Meetings, quorums and voting:

(1)

All meetings of the board of appeals shall be held at the call of the chairperson or at such times as the board may determine. All board meetings shall be open to the public and appropriate notice shall be given.

(2)

The board may adopt their own rules of meeting procedures consistent with this title and the applicable Illinois statutes. The board may select such officers as they deem necessary. The chairperson, or in his/her absence the vice chairperson may administer oaths to witnesses.

Note— See copy of Zoning Board of Appeals Rules of Procedure attached to Ord. No. 4779-3-95 on file in the office of the city clerk.

State Law reference— 65 ILCS 5/11-13-3.

Any person aggrieved by any decision or order of the zoning administrator in any matter related to the interpretation or enforcement of any provision of this title may appeal to the zoning board of appeals. Every such appeal shall be made and treated in accordance with Illinois law and the provisions of this section.

(a)

Filing and record transmittal: Appeals shall be made within 45 days of the decision by filing with the administrator and the board of appeals a written notice specifying the grounds for appeal. (Every appeal shall also be filed with the Soil and Water Conservation District as per state law.) Not more than five working days after the notice of appeal has been filed, the administrator shall transmit to the board of appeals all records of the case and reasons for the decision.

(b)

Stay of further proceedings: An appeal stays all further action on the matter being appealed unless the administrator certifies to the board, after the notice of appeal has been filed with him, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the circuit court grants a restraining order for cause and so notifies the administrator.

(c)

Public hearing notice: The board of appeals shall hold a hearing after the filing of the appeal notice. At the hearing any interested party may appear and testify, either in person or by authorized agent. Notice indicating the time, date and place of the hearing, and briefly describing the issue to be decided, shall be given not more than 30 nor less than 15 days before the hearing by:

(1)

First Class Mail to all persons residing within 300 feet of the property; and

(2)

Publication in a newspaper of general circulation within this municipality.

(d)

Decision by the board of appeals: The board shall render a decision in a reasonable time period after the hearing. The board may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from, to the extent and manner that they deem appropriate. In so doing, the board of appeals has all the power of the administrator and shall notify the council and the plan commission of their decision.

(Ord. No. 6626-11-19, § 2, 11-19-2019)

State Law reference— 65 ILCS 5/11-13-12; 70 ILCS 405/22.02a.

(a)

Special use categories: The formulation and enactment of this title is based upon the division of the city into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted, compatible uses, however, it is recognized that there may be other uses which may be necessary or desirable to allow in a given district but which, due to their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such special uses do not run with the land; said uses run with a specific approved use only and are not transferable. Such uses are classified in this title as "special uses" and fall into three categories as follows:

(1)

Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by public interest.

(2)

Uses entirely private in character which, due to their peculiar locational need, the nature of the service they offer the public, and their possible damaging influence on the neighborhood, may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations.

(3)

Nonconforming uses which as special uses can be made more compatible with their surroundings.

(b)

Application for special use permit: An application for special use shall be filed with the zoning administrator.

(c)

Manner of authorization: Special uses shall be authorized by a special use permit granted by the board in the same manner as a variation, and prepared and filed with a finding of fact thereon.

(d)

Requirements for authorization: No special use permit shall be granted by the board unless the following factors have been considered and made part of the record:

(1)

Existing uses and zoning of nearby property and relationship to Edwardsville's adopted Comprehensive Plan.

(2)

Extent to which property value diminishes adjacent to the zoned parcels. Value decrease to be supplied by the petitioner and made by professional appraiser.

(3)

Extent to which the proposed change alters or promotes the public health, safety morals or general welfare.

(4)

The relative gain to the public as compared to the hardship imposed upon the property owners, and there is a need for the proposed special use.

(5)

The suitability of the subject property for the zoned purposes indicated by ordinance.

(e)

Conditions: The board may provide such conditions or restrictions upon the construction, location and operations for a special use, including, but not limited to: provisions for the protection of adjacent property, the expiration of such special use after a specified period of time, off-street parking and loading, as may be deemed necessary to secure the general objectives of this zoning code, and to reduce injury to the value of the property in the neighborhood.

(f)

Expiration: In the event the board establishes no time limitation within which the proposed use is to be exercised, then the permit shall expire in one year. Nothing shall preclude an applicant from reapplying for the same special use permit upon expiration.

(g)

Public hearing notice: The board of zoning appeals shall hold a public hearing on every special use permit application after the application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by authorized agent. Notice indicating the time, date and place of the hearing, and the nature of the proposed special use shall be given not more than 30 nor less than 15 days before the hearing by:

(1)

First Class Mail to all persons residing within 300 feet of the property; and

(2)

Publication in a newspaper of general circulation within this municipality.

(h)

Action by the city council: For every special use permit considered by the board of appeals, the board shall make a recommendation to the city council to approve, deny, or approve with conditions. The city council shall act on every application for a special use permit.

(i)

Transfer of special use permit: A special use permit is issued for a specified zoning lot or lots and shall only be allowed to transfer from that location, or to another occupant or owner, as follows:

(1)

All requests for transfers must be filed on an application form available through the public works department.

(2)

Substantial transfers—All substantial transfers shall be subject to review and approval by the zoning board of appeals under the terms of section 1244.02. Substantial transfers include, but are not limited to:

a.

A transfer involving a more intensive use on the subject property;

b.

Other changes deemed to represent a substantial change by the zoning administrator and public works director.

c.

The trend of development in the area surrounding the subject property necessitates further review of the proposed special use.

(3)

Unsubstantial transfers—Unsubstantial transfers will be subject to review and approval by the city planner and public works director. Unsubstantial transfers represent minor changes from the provisions of the originally approved special use permit and may include:

a.

Transfer of ownership not effecting the intensity of the use:

b.

Other changes deemed to represent an unsubstantial change by the zoning administrator and public works director.

(Ord. No. 6626-11-19, § 3, 11-19-2019)

A variance is a relaxation of the requirements of this title as applicable to a particular lot, structure or use.

(a)

Authorization: In order that the spirit of this zoning code may be observed and substantial justice done, the zoning board of appeals shall, upon application or appeal determine and vary the terms thereof by making a finding of fact that, owing to special conditions, a literal enforcement of the provisions of this code would result in unnecessary hardship.

(b)

Standards for variance: The board of appeals shall not grant any variance unless, based upon the evidence presented to them, they determine that:

(1)

The particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or loss of revenue, if the strict letter of the regulations were carried out.

(2)

The condition upon which the requested variance is based would not be applicable, generally, to other property within the same zoning classification.

(3)

The alleged difficulty or hardship has not been created by any person presently having an interest in the property.

(4)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

(5)

The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(6)

The proposed variance complies with the spirit and intent of the restrictions imposed by this Code.

(7)

There is no self-imposed hardship.

(c)

Limitations of variations: Variations from the regulations of this title shall be granted by the board only in accordance with the standards set forth in subsection (a) of this section and may be granted in the following instances only, and in no other:

(1)

To permit the extension of a district to include an entire lot where the boundary line of the district divides a lot.

(2)

To permit any yard of less dimension than the minimum as stated by the applicable standard.

(3)

To permit any building or structure to exceed the floor area ratio limitations imposed by the applicable regulations.

(4)

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than 90 percent of the required lot area; or in the case of an established lot or parcel of record the established lot area as set forth by the existing development.

(5)

To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading berth, or 20 percent of the required number whichever is greater.

(6)

To increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served.

(7)

To permit the same off-street parking facilities to qualify for two or more uses, provided the substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.

(8)

To permit any fence, wall or hedge of less or greater dimension than required by the applicable regulations.

(9)

To permit a solar panel and supporting framework to extend more than six feet above the existing grade.

(10)

To permit any building height of less or greater dimension than required by the applicable regulations.

(d)

Application: Every application for a variance shall be filed with the administrator. (Every variance application shall also be filed by the city with the soil and water conservation district as per state law [70 ILCS 405/22.02a]). The administrator shall transmit said application, together with their opinion, to the board of appeals. The application shall contain sufficient information to allow the board to make an informed decision, and shall include, but not be limited to, the following:

(1)

Name and address of the applicant.

(2)

Location of the structure/use for which the variance is sought.

(3)

Description of adjacent structures and uses.

(4)

Specific sections(s) of this title containing the regulations which, if strictly applied, would cause a hardship.

(e)

Public hearing notice: The board of zoning appeals shall hold a public hearing on each variance request within 45 days after the variance application is submitted to them. Interested persons may also respond in writing or at the hearing, any interested party may appear and testify, either in person or by authorize agent. Notice indicating the time, date, and place of the hearing, and the nature of the proposed variance shall be given not more than 30 days nor less than 15 days before the hearing by:

(1)

First Class Mail to all persons residing within 300 feet of the property; and

(2)

Publication in a newspaper of general circulation within this municipality.

(f)

Impositions of conditions and restrictions: The board may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to prevent injurious effects therefrom upon other property in the neighborhood, and to better carry out the general intent of this code.

(g)

Terms and relief and findings of fact: The board of appeals shall render a decision on every variance request after the public hearing. In accordance with state law [65 ILCS 5/11-13-11], the board of appeals shall specify the terms of relief granted (if any) in one statement and their findings of fact shall clearly indicate the board's reasons for granting or denying any requested variance. Notification of the action taken will be forwarded to the council.

(Ord. No. 6626-11-19, § 4, 11-19-2019; Ord. No. 6709-09-2021, § 2, 9-21-2021)

The plan commission of this municipality is hereby established in accordance with the Illinois State statutes.

(a)

Membership, appointment and compensation: The plan commission shall consist of not less than seven nor more than 11 members to be appointed by the mayor with the consent of the council. Each commission member shall receive for his/her services such compensation, if any, as determined from time to time by the council. The membership of the plan commission should consist of a cross section of the community from all areas of the city.

(b)

Terms of office:

(1)

The members of the plan commission shall each be appointed for a four-year term.

(2)

If a vacancy occurs by resignation or otherwise among the members of the plan commission, the mayor shall appoint a member for the unexpired term with the consent of the council.

(c)

Duties and responsibilities: The plan commission shall:

(1)

Hold public hearings on all applications for zoning amendments in excess of two platted, zoned lots or parcels of land of one acre or greater in size, and make a recommendation and advisory report on the findings of fact obtained from such hearing.

(2)

Hold public hearings on all proposed text and map amendments to the zoning ordinance and make a recommendation to the city council.

(d)

Meetings, quorum and voting: All meetings of the plan commission shall be held at the call of the chairperson or other commission member acting in the capacity of chairperson and at such times as the plan commission may determine. All commission meetings shall be open to the public. The commission may adopt their own rules of meeting procedures consistent with this title and the applicable Illinois statutes. The commission may select such officers as they may deem necessary. The chairperson or, in his/her absence, the vice chairperson, may administer oaths to witnesses as described in the plan commission bylaws*.

* See plan commission bylaws attached to Ord. No. 4779 on file in the office of the city clerk.

(Ord. No. 6756-08-2022, § 1, 8-16-2022)

The city council may amend this title in accordance with state law ^[10] and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of users shall be deemed proposed amendments. Amendments may be proposed by the city council, the administrator, the zoning board of appeals, the plan commission, or any party in interest.

(a)

Filing: Every proposal to amend this title shall be filed with the administrator. (Every amendment proposal shall also be filed with the soil and water conservation district as per Illinois Compiled Statutes.) The administrator shall transmit said proposal, together with comments or recommendations, to the plan commission or zoning board of appeals for a public hearing.

(b)

Public hearing notice: The plan commission or zoning board of appeals ^[11] shall hold a public hearing on every amendment proposal after said proposal has been submitted. At the hearing, any interested party may appear and testify, either in person or by authorized agent. Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment shall be given not more than 45 nor less than 15 days before the hearing by:

(1)

First Class Mail to all persons residing within 300 feet of the property.; and/or

(2)

Publication in a newspaper of general circulation within this municipality.

(c)

Advisory report and findings of fact: After the public hearing, the plan commission or zoning board of appeals shall submit their advisory report to the city council. The report shall state the plan commission or zoning board of appeals' recommendations regarding adoption of the proposed amendment, and their reasons therefore. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the plan commission or zoning board of appeals shall include in their advisory report findings of fact concerning each of the following matters:

(1)

Existing use(s) and zoning of the property in question.

(2)

Existing use(s) and zoning of other lots in the vicinity of the property in question.

(3)

Suitability of the property in question for uses already permitted under existing regulations.

(4)

Suitability of the property in question for the proposed use.

(5)

The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned.

(6)

The effect the proposed rezoning would have on compliance with the comprehensive plan.

(Ord. No. 6626-11-19, § 5, 11-19-2019)

The city council shall approve all amendments by ordinance.

(a)

Procedure of approval:

(1)

After a public hearing has been conducted, the city council shall review all recommendations and decisions made regarding this title.

(2)

If the applicant for an amendment is allowed to speak at any city council meeting (excluding committee meetings) then the council shall send written notification to the appropriate chairperson of the body which conducted the public hearing stating the time and place of the meeting with an invitation to speak at the city council meeting, thus providing an opportunity to state reasons for their recommendations.

(3)

In case of a written protest against any proposed amendment or decision of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by owners of 20 percent of the frontage immediately adjoining or across the alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds of the aldermen of the municipality then holding office. In such cases, a copy of the written protest shall be served by the protester or protesters on the applicant of the proposed amendment and a copy upon the applicant's agent, if any, by certified mail at the address of such applicant and agent shown in the application for the proposed amendment.

(4)

All amendments approved by the city council shall be forwarded by the city clerk to the zoning board of appeals, plan commission, zoning administrator, published in newspapers of area circulation, and recorded by the city within 30 days of adoption.

(b)

Action by the city council: The city council shall act on every proposed amendment following submission of the plan commission's advisory report. Without further public hearing, the city council may pass any proposed amendment or may refer it back to the plan commission for further consideration, by simple majority vote of all the members then holding office, stating the reasons for referral.

(c)

Exception: The favorable vote of at least two-thirds of all the members of the city council is required to pass an amendment to this title when the proposed amendment is opposed, in writing, by the owners of 20 percent of those affected directly opposite the frontage proposed to be altered. ^[12]