It shall be the duty of the director of public health and safety to enforce this title. (April 1969; amd. Ord. O-7-10, 2-8-2010)

   A.   Subsequent to the effective date hereof, no change in the use of land, nor any change of use in an existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the director of public health and safety stating that the building and use comply with the provisions of this title. (April 1969; amd. Ord. O-7-10, 2-8-2010)

   B.   Certificates of occupancy shall be applied for coincidentally with the application for a building permit, and shall be issued within seven (7) days after the lawful erection or alteration of any building shall have been completed. No building or premises shall be occupied until such certificate has been issued. (April 1969; amd. 2004 Code)

   C.   A certificate of occupancy shall be required of all nonconforming uses of land or building created by the passage of this title. Application for such certificate of occupancy for nonconforming uses shall be filed with the director of public health and safety by the owner or lessee of the land or building occupied by such nonconforming use within one year from the effective date hereof. It shall be the duty of the director of public health and safety to issue a certificate of occupancy for a nonconforming use created by the passage of this title. Any use which does not conform to the requirements of the district in which it is located and for which an occupancy permit has not been obtained in conformity with the requirements of this section shall be presumed to be operating in violation of this title.

   D.   A record of a certificate of occupancy shall be kept on file in the office of the director of public health and safety, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or in a building affected by such certificate of occupancy. (April 1969; amd. Ord. O-7-10, 2-8-2010)

   E.   A fee of two dollars ($2.00) shall be charged for each original certificate and one dollar ($1.00) for each copy thereof. (April 1969)

Each application for a building permit shall be accompanied by a plat of survey in duplicate prepared by a registered land surveyor, drawn to scale, showing the actual dimensions of the lot to be built upon. Such application should also show the size and location of the building or buildings to be erected or altered and such other information as may be necessary to provide for the enforcement of this title. A careful record of such applications and plats shall be kept in the office of the director of public health and safety. (April 1969; amd. Ord. O-7-10, 2-8-2010)

   A.   Petitions; Fees: Petitions for amendments to this title, when made by a private party, shall be accompanied by a filing fee of one hundred fifty dollars ($150.00), plus the cost of any required legal notice publication(s) and the cost of the hearing transcripts. (Ord. O-50-07, 11-13-2007)

   B.   Hearing And Revision: Petitions for amendments shall be referred to the board of appeals or such other commission or committee as the village council shall designate to hold a public hearing thereon and to recommend to the village council the adoption of an ordinance granting the amendment or the denial of said petition. The petition, together with a recommendation, shall be forwarded to the village council within forty five (45) days of the time at which it was submitted to the review body, unless it is withdrawn by the petitioner. Where an amendment is sought and a written protest against the proposed amendment is signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered as to such regulations or districts is filed with the village administrator, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all the members of the village council. (Ord. O-68-05, 12-19-2005)

   C.   Notice:

      1.   Publication: The director of public health and safety shall see that notice of public hearings is published not more than thirty (30) nor less than fifteen (15) days prior to the hearing in one or more newspapers with a general circulation within the village of Forest Park.

      2.   Adjoining Property Owners: Prior to the hearing, the director of public health and safety shall provide written notice of public hearings to all owners of property located within two hundred fifty feet (250') of a property that is the subject of a public hearing; except that, in the case of hearings conducted by the zoning administrator in accordance with subsection 9-10-6D2 of this chapter, only immediately adjacent property owners need to be notified. For the purposes of identifying owners for notification, the taxpayer of record shall be used, and a list of those notified shall become part of the public record. The notice herein required shall contain the address of the location for which the relief is requested, a brief statement of the nature of the requested action, and the date, time and location of the hearing. A good faith effort shall be made to send these notices as required, however, compliance with these requirements shall not be considered as jurisdictional or mandatory public notice.

      3.   Public Notice Signs:

         a.   In any case where a property owner, or a person or persons acting on behalf of said property owner completes and submits a duly authorized application requesting a public hearing under this subsection for any zoning action, the property owner authorizes the director of public health and safety to post no more than two (2) signs on said property, visible from an adjacent roadway or roadways, to notify the public about the public hearing. If conditions warrant, the director of public health and safety may also place sign(s) on adjoining rights of way.

         b.   Public notice signs shall be required for hearings conducted by the zoning administrator in accordance with subsection 9-10-6D2 of this chapter.

         c.   Said signs shall contain the words "notice of public hearing" at the top of the sign as well as general information about how to find out more about the date, time and location of the public hearing.

         d.   Said sign(s) shall be posted not less than ten (10) days, nor more than thirty (30) days prior to the date of the public hearing. A good faith effort shall be made to keep the sign in place until the date of the hearing, however, compliance with these requirements shall not be considered as jurisdictional or mandatory public notice.

         e.   Said signs shall be removed no later than ten (10) days after the completion of council action. (Ord. O-50-07, 11-13-2007)

   A.   Authority: The Planning and Zoning Commission shall hear and decide appeals from, and review orders, decisions, determinations or the failure to act of the director of public health and safety acting pursuant to his authority and duties under this title, and to that end the Planning and Zoning Commission shall have the same powers and be subject to the same standards and limitations as the director of public health and safety with respect to any order, decision or determination being appealed.

   B.   Purpose: The appeal procedure is provided as a safeguard against arbitrary, ill considered or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings or intents of this title or the rightful authority of the director of public health and safety to enforce the requirements of this title. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this title and to the reasonable interpretations of that language by those charged with the administration of this title.

   C.   Parties Entitled To Appeal: An application for appeal to the Planning and Zoning Commission may be filed by any person aggrieved by an order, decision, determination or failure to act of the director of public health and safety acting pursuant to his authority and duties under this title.

   D.   Procedures:

      1.   Application: An application for appeal to the Planning and Zoning Commission shall be filed not later than forty five (45) days after the action being appealed and in accordance with the requirements of this chapter.

      2.   Action By Director Of Public Health And Safety: Upon receipt of a properly completed application for an appeal, the director of public health and safety shall forthwith transmit to the Planning and Zoning Commission the application together with all papers constituting the record upon which the action appealed from was taken.

      3.   Public Hearing: A public hearing shall be set, noticed and conducted by the Planning and Zoning Commission in accordance with subsection 9-10-4B of this chapter.

      4.   Action By Planning and Zoning Commission: Within sixty (60) days after the close of the public hearing, the Planning and Zoning Commission shall render a decision on the appeal in the manner and form as the commission may establish. Such decision may reverse, affirm or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the Planning and Zoning Commission, is proper to be made in the premises. The failure of the Planning and Zoning Commission to act within such sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the appeal.

   E.   Stay Of Proceedings: An application for appeal properly filed pursuant to subsection D of this section, shall stay all proceedings in the furtherance of the action appealed from, unless the director of public health and safety certifies to the Planning and Zoning Commission after the application for appeal has been filed with the director of public health and safety that, by reason of facts stated in the certificate, a stay would, in the director of public health and safety's opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order which may be granted by the Planning and Zoning Commission or by the circuit court on application, upon reasonable written notice to the director of public health and safety and on due cause shown.

   F.   Right To Hear Variation In Deciding Appeals: In any case where the application for appeal is accompanied by an application for variation in such form as determined by the director of public health and safety, the Planning and Zoning Commission shall hear, review and make a recommendation to the village council on such variation in such form as may be established by the Planning and Zoning Commission.

   G.   Conditions And Limitations On Rights Granted By Appeal: In any case where this title imposes conditions and limitations upon any right, any such right granted by the Planning and Zoning Commission on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal. (Ord. O-17-97, 12-8-1997; amd. Ord. O-7-10, 2-8-2010; Ord. O-20-22, 5-9-2022)

   A.   Authority: The village council, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, shall have the authority to grant variations from the provisions of this title, but only in those specific instances enumerated in subsection E of this section and then only in accordance with each of the standards enumerated in subsection F of this section.

   B.   Purpose: The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this title that create practical difficulties or particular hardship. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this chapter, the variation procedure is necessarily inappropriate.

   C.   Parties Entitled To Seek Variations: Applications for variations may be filed by the owner of, or person having a contractual interest in, the subject property, if authorized by the owner in writing.

   D.   Procedures:

      1.   Application: Applications for variations shall be filed in accordance with the requirements of section 9-10-8 of this chapter.

      2.   Public Hearing: A public hearing shall be set, noticed, and conducted by the Planning and Zoning Commission in accordance with subsection 9-10-4C of this chapter.

      3.   Action By Planning and Zoning Commission: Within sixty (60) days after the conclusion of the public hearing, the Planning and Zoning Commission shall render a written recommendation to the village council, recommending either granting the application for a variation; granting the application with conditions; granting a variation less than or different from that sought in the application; or denying the application. The failure of the Planning and Zoning Commission to act within sixty (60) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the variation.

      4.   Action By Zoning Administrator: Within thirty (30) days after the conclusion of the public hearing held by the Zoning Administrator, the Zoning Administrator shall render a written recommendation to the village council either granting the application for a variation; granting the application with conditions; granting a variation less than or different from that sought in the application; or denying the application. The failure of the Zoning Administrator to act within thirty (30) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the variation.

      5.   Action By Village Council: Within forty five (45) days after the receipt of the recommendation of the Planning and Zoning Commission or the Zoning Administrator, or their failure to act as above provided, the village council shall either deny the application or, by ordinance duly adopted, shall grant the variation with or without modification or conditions. The failure of the village council to act within such forty five (45) days, or such further time to which the applicant may agree, shall be deemed a decision denying the variation.

   E.   Authorized Variations:

      1.   Permitted Variations: Subject to the prohibitions set forth in subsection E2 of this section, and subject to the other provisions of this section, the Village Council may vary the provisions of this Code in the following cases and in no others. Nothing in this subsection shall be construed to create any right or entitlement in any applicant to a variation of any kind or magnitude:

         a.   To reduce the dimension of any required yard, setback or building spacing, including, without limitation, the yards required pursuant to this title.

         b.   To reduce the required lot dimensions including minimum lot width or minimum lot area.

         c.   To increase by not more than twenty percent (20%) the maximum allowable building coverage or lot coverage.

         d.   To vary the location and size of, and to reduce by not more than twenty five percent (25%) or one space (whichever is greater) the minimum number of, off street parking spaces or loading spaces otherwise required.

         e.   To vary the number of parking or loading spaces required in connection with a change of use or an increase in use intensity.

         f.   To increase the maximum distance that required parking is permitted to be located from the zoning lot of the use for which such parking is provided.

         g.   To reduce by not more than fifty percent (50%) the amount of perimeter landscaped open space otherwise required.

         h.   To increase the maximum allowable height and location of any fence.

         i.   To allow the moving of a nonconforming structure to an extent or in a manner not permitted by chapter 9 of this title.

         j.   To allow the otherwise prohibited restoration of a partially damaged or destroyed nonconforming structure, structure devoted to a nonconforming use, sign or fence.

         k.   To vary the bulk, yard, and space requirements when a zoning lot, whether vacant or legally used, is reduced in size, by reason of the exercise of the right of eminent domain by an authorized government body or by reason of a conveyance made under the specific threat of an eminent domain proceeding, so that the remainder of said zoning lot, or any structure or use on said zoning lot, does not conform with one or more of such bulk, yard or space requirements of the district in which said zoning lot is located.

         l.   To reduce the minimum dwelling unit square footage from eight hundred (800) to not less than six hundred (600) square feet in the downtown business district.

      2.   Prohibited Variations: Notwithstanding any other provision of this section, no variation shall be granted that is greater than the minimum variation necessary to relieve the particular hardship or practical difficulty demonstrated by the applicant.

   F.   Standards For Variations:

      1.   General Standard: No variation shall be granted pursuant to this section unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty. Such a showing shall require proof that the variation being sought satisfies each of the standards set forth in this subsection.

      2.   Unique Physical Condition: The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.

      3.   Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title, for which no compensation was paid.

      4.   Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other lots subject to the same provision.

      5.   Special Privilege: The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the use of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship shall not be a prerequisite to the granting of an authorized variation.

      6.   Title And Plan Purposes: The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the official comprehensive plan.

      7.   Essential Character Of Area: The variation would not result in a use or development on the subject property that:

         a.   Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements permitted in the vicinity; or

         b.   Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity; or

         c.   Would substantially increase congestion in the public streets due to traffic or parking; or

         d.   Would unduly increase the danger of flood or fire; or

         e.   Would unduly tax public utilities and facilities in the area; or

         f.   Would endanger the public health or safety.

      8.   No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.

   G.   Variation Less Than Requested: A variation less than or different from that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.

   H.   Conditions On Variations: The village council may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this title upon the premises benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the resolution granting the variation. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the variation.

   I.   Affidavit Of Compliance With Conditions; Fee: Whenever any variation authorized pursuant to this section is made subject to conditions and limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the director of public health and safety so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the director of public health and safety, to recover the village's actual direct cost of an inspection to verify that such conditions and limitations have been met.

   J.   Effect Of Grant Of Variation: The grant of a variation shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits and approval that may be required by the codes and ordinances of the village including, but not limited to, a building permit, a certificate of zoning compliance, subdivision approval and site plan approval.

   K.   Limitations On Variations: No variation from the provisions of this title shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of zoning compliance is issued and a use is commenced within that period.

A variation shall be deemed to authorize only the particular construction or development for which it was issued and shall automatically expire and cease to be of any force or effect if such construction or development shall be removed and not replaced within six (6) months after such removal. (Ord. O-17-97, 12-8-1997; amd. Ord. O-68-05, 12-19-2005; Ord. O-50-07, 11-13-2007; Ord. O-7-10, 2-8-2010; Ord. O-16-17, 6-12-2017; Ord. O-28-19, 8-26-2019; Ord. O-20-22, 5-9-2022; Ord. O-10-23, 2-27-2023)

   A.   Purpose: The purpose of this section is based upon the division of the village into districts, within which districts the use of land and buildings, and the use, bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such conditional uses fall into two (2) categories:

      1.   Uses publicly operated or traditionally affected with a public interest.

      2.   Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

   B.   Initiation Of Conditional Use: Any person evidencing and having a fee simple interest in land, or a possessory interest entitled in exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this title in the zoning district in which the land is located.

   C.   Application For Conditional Use: An application for a conditional use shall be filed with the zoning administrator.

The application shall contain such information as the zoning administrator and Planning and Zoning Commission may require, but shall include, at a minimum:

      1.   Legal description and common address for the property;

      2.   Current plat of survey locating lot lines and all existing structures;

      3.   Consent and satisfactory evidence of possessory interest and/or ownership by affidavit, lease or contract to purchase and disclosure of beneficial trust, as applicable;

      4.   Existing zoning on subject property and within two hundred fifty feet (250'), exclusive of rights of way and alleys;

      5.   Proposed zoning and land use;

      6.   Site plan; and

      7.   Project impact statement describing the reasons for the conditional use and stating how the standards contained in subsection H of this section have been met.

The application shall be accompanied by such plans and/or data prescribed by the Planning and Zoning Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in subsection H of this section.

   D.   Hearing On Application For Conditional Use: The Planning and Zoning Commission shall hold a public hearing on each application, at such time and place as shall be established by the commission. Such hearing shall be attended by the applicant or his authorized representative.

   E.   Notice Of Hearing: A public hearing shall be set, noticed, and conducted by the Planning and Zoning Commission in accordance with subsection 9-10-4C of this chapter.

   F.   Action By Planning and Zoning Commission: Within sixty (60) days of the conclusion of the public hearing, the Planning and Zoning Commission shall render a written recommendation to the village council, recommending either granting the application for conditional use; granting the application with conditions; or denying the application. The failure of the Planning and Zoning Commission to act within sixty (60) days or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the conditional use.

   G.   Action By Village Council: Within forty five (45) days after the receipt of the recommendation of the Planning and Zoning Commission, or their failure to act as above provided, the village council shall either deny the application or, by ordinance duly adopted, shall grant the conditional use with or without modification or conditions.

      1.   The village council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection H of this section. In all cases in which conditional uses are granted, the village council shall require such evidence and guarantees as they may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

      2.   In all cases where the village council permits the establishment of a conditional use, the terms of the relief granted shall be specifically set forth in the ordinance or resolution, separate from any findings of fact in the case.

      3.   In all cases where the village council permits the establishment of a conditional use, the terms of the relief granted shall be deemed to relate to the particular zoning lot or lots, and not to individual owners of said lot or lots; provided, however, that such change in ownership be recorded with the zoning administrator, and provided that said new owner, through duly notarized documentation, agrees to the terms and conditions set forth in the resolution or ordinance granting such conditional use.

   H.   Standards: No conditional use shall be recommended by the Planning and Zoning Commission, unless they shall find:

      1.   That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;

      2.   That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

      3.   That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

      4.   That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

      5.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

      6.   That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village of Forest Park; and

      7.   That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the commission.

   I.   Expiration Of Conditional Use: Once authorized by ordinance, a conditional use shall expire if such use is not commenced within one hundred eighty (180) days of the effective date of the ordinance by the authority of properly issued village permits, if construction and occupancy is not completed within twelve (12) months of the date permits were issued by the village, or if such use is abandoned for a period of one hundred eighty (180) consecutive days.

   J.   Maintenance Of Conditional Use: Every property that is governed by a conditional use shall at all times be maintained, used and kept in full conformance with the provisions of this code and those plans, specifications and special conditions expressly incorporated in any ordinance or resolution governing the construction and development permitted under such conditional use. The village council may, by ordinance, revoke any conditional use for failure to adhere to any of the conditions attached to the conditional use. (Ord. O-18-12, 5-14-2012; amd. Ord. O-20-22, 5-9-2022)

Any person who may hereafter file with the zoning administrator or with the Planning and Zoning Commission an application for a change in zoning regulations, for a change to a nonconforming building or use, or any variation of the application of this title provided by law, shall pay to the village a fee of one hundred fifty dollars ($150.00), plus shall pay the cost of any required legal notice publication and the cost of the hearing transcripts. (Ord. O-68-05, 12-19-2005; amd. Ord. O-18-12, 5-14-2012; Ord. O-20-22, 5-9-2022)

   A.   Any person who violates, disobeys, omits, neglects or refuses to comply with the provisions of this title, shall, upon conviction, be fined as provided in the general penalty in section 1-3-1 of this code for each offense. Each day that a violation occurs shall constitute a separate offense. (April 1969; amd. 2004 Code)

   B.   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, in addition to other remedies, the director of public health and safety or other authorized village official may institute any proper action or proceedings in the name of the village to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the use, to prevent the occupancy of said building, structure or land, or prevent any illegal act, conduct, business or use in or about said premises. (April 1969; amd. Ord. O-7-10, 2-8-2010; Ord. O-18-12, 5-14-2012)