The administrative officer shall enforce this chapter in accordance with the penalties and remedies set forth in this article.

(Ord. No. 1206, § 9-12-1, 2-24-1981)

Any appeals which may be made from the actions of the administrative officer shall be taken to the zoning board of appeals except those pertaining to the historic preservation district which shall be taken to the plan commission in accordance with this chapter.

(Ord. No. 1206, §§ 9-12-2, 9-12-3, 2-24-1981)

The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part in, or assists in any violation or who maintains any building or premises in or upon which such violation shall exist shall be guilty of a misdemeanor and, upon conviction, subject to penalties as provided in section 1-16.

(Ord. No. 1206, § 9-14-1, 2-24-1981)

In the event that any building or structure is or is sought to be erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is sought to be used in violation of this chapter, the building inspector or the city council, in addition to other remedies, shall have the power to withhold or revoke any necessary permit and shall institute appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of the building, structure, or land.

(Ord. No. 1206, § 9-14-2, 2-24-1981)

The city has created and established and shall be maintained and recognized in and for the city a zoning board of appeals, and the board is under the jurisdiction of the city council.

(Ord. No. 1206, § 9-11-1, 2-24-1981)

The board shall consist of seven members as stated below:

(1)

The seven members of the board shall be citizens of the city who are not members of the city council. The seven citizen members shall be appointed by the mayor and approved by the city council. The members shall serve for a term of five years each from the first city council meeting in April of the year they are appointed or until such time as their successors take office. The term for which each the member is appointed shall be designated in his appointment. At the April council meeting of each year, the member shall be appointed for a five-year term to succeed the member whose term expired in the month.

(2)

Members shall be eligible for reappointment and it is desirable that members rendering good service be reappointed in order that the zoning board of appeals may have the benefit of their experience and that there may be a continuity policy. If any member should during the term of his office die, move from the city, or for any reason be unable to act, the vacancy so created shall be filled in the same manner as an original appointment and shall be for the remainder of the unexpired term.

(Ord. No. 1206, § 9-11-2, 2-24-1981)

All citizen members of the board do not have to take any oaths.

(Ord. No. 1206, § 9-11-3, 2-24-1981)

(a)

The board shall organize as soon as practicable after the appointment and qualification of its members, by the election of one of its members as chairperson, the chairperson to be elected yearly by a majority of the board members.

(b)

All hearings conducted by the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case, and the reasons for recommending approval or denial of the request shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the board shall be filed within ten days in the office of the city clerk and shall be a public record. The board shall adopt its own rules and procedures not in conflict with the regulations or with the state statutes in such case made and provided.

(Ord. No. 1206, § 9-11-4, 2-24-1981)

(a)

The powers and duties of the board are:

(1)

To hold public hearings and grant variances and expansions of nonconforming uses.

(2)

To hold public hearings and decide upon requests for determination of the existence of a nonconforming use and request for the extension of a nonconforming use.

(3)

To hear and decide appeals where it is alleged there is an error in an order, requirement, decision, or determination made by the building inspections department in the enforcement of the zoning regulations or the building code and fee schedule.

(4)

To interpret the provisions of the zoning regulations in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this chapter where the street layout on the ground varies from the layout as shown on the map.

(b)

The board may grant the following variances:

(1)

Vary the yard regulations where there is an exception or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this chapter would prevent a reasonable or sensible arrangement of buildings on the lot, including the placement of accessory buildings. Applicants for a side or rear yard variance must be able to show the distance of the proposed improvement from the lot line by way of lot corner stakes in the neighborhood. Notwithstanding the foregoing, a variance may be granted for the parking or storage of recreational vehicles in side yards. A variance may be granted to permit an accessory building to be located within an easement. Before granting such a variance, the board shall consider such factors as the closeness of neighboring buildings and uses, adequate light, sunshine and airspace, and fire hazard potential. With respect to accessory buildings located within easements, the board shall also consider the intended construction and the ability to access the easement in the event of an emergency. The board may impose conditions upon the grant of the variance, such as, but not limited to, the nature of construction.

(2)

Vary the parking regulations where an applicant demonstrated conclusively that the specific use of a building would make unnecessary the parking spaces required by this chapter, but providing that such a reduction not be more than 50 percent of the usual requirement.

(3)

Use of the premises for public utilities and railroad purposes (other than track right-of-way) or for radio and television tower or broadcasting station.

(4)

Vary the parking regulations for parking in "R" districts for churches, temples, public schools, public libraries, community centers, public parks, and public playgrounds. In the "R" districts, 20 percent of the required front yard shall be reserved and devoted to permanent landscaping and no off-street parking spaces or off-street loading spaces shall be permitted within this landscaping area.

(c)

Appeals to the board. An appeal may be taken to the zoning board of appeals by a person or by an officer, department, board or bureau of the city affected by a decision of the building inspector.

(1)

An appeal shall state all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the zoning board of appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board of appeals or by a court of record on application, on notice to the building inspector, and on due cause shown.

(2)

The board shall select a reasonable time and place for the hearing of the appeal and give 15 days' notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appeal and testify at the hearing, either in person or by duly authorized agent or attorney.

(d)

Appeals from decision of the board. Any review of the decisions of the zoning board of appeals as set forth in this section shall be subject to the Illinois Administrative Review Act.

(Ord. No. 1206, § 9-11-5, 2-24-1981)

(a)

For variances, and extension or expansions of nonconforming uses, or for the determination of the existence of a nonconforming use, the city shall:

(1)

Obtain the name of the property owners within a radius of 250 feet of the property of the stated case and notify each property owner of the public hearing by a letter.

(2)

Have the legal notice published in the official newspaper 15 days prior to the public hearing.

(3)

Have recorded in the county recorder's office all variances, and expansions of nonconforming uses, including any restrictions thereof.

(b)

The city shall receive a fee in the amount provided in the city fee schedule with applications for variances, and expansions of nonconforming uses. No fee shall be received with applications for other meetings or hearings of the zoning board of appeals.

(Ord. No. 1206, § 9-11-6, 2-24-1981)

The board shall keep full and accurate minutes of its proceedings. The city clerk shall designate a member of his staff to be present to take full and accurate minutes. All records of the board shall be kept at the city hall and shall be open to the public.

(Ord. No. 1206, § 9-11-7, 2-24-1981)

Each citizen member of the board shall serve without compensation for his service.

(Ord. No. 1206, § 9-11-8, 2-24-1981)

No member of the board shall be interested, directly or indirectly, in any contract or job for work, or material or any work for himself or family, or the profits therefrom, or services to be furnished or performed in the carrying out of this article.

(Ord. No. 1206, § 9-11-9, 2-24-1981)

(a)

Any member of the board may be removed at any time by the council by a two-thirds vote of councilmembers present whenever, in the opinion of the council, the interest of the city requires such removal.

(b)

Also, the board may recommend to the city council the removal of any member of the board for excessive absenteeism at any regularly scheduled board meeting. Excessive absenteeism shall be the missing of any three of the last four regularly scheduled board meetings.

(Ord. No. 1206, § 9-11-10, 2-24-1981)

It is the intent and purpose of the zoning board of appeals to provide for the continued comprehensive development of the city according to the most recent copy of the comprehensive plan of the city and to review and recommend changes in the comprehensive plan.

(Ord. No. 1206, § 9-11.5-2, 2-24-1981)

The members of the zoning board of appeals shall have such powers as are now or may be given to it by law.

(Ord. No. 1206, § 9-11.5-3, 2-24-1981)

The zoning board of appeals shall determine and set the time of its meeting and shall otherwise meet upon the call of its chairperson or any three members.

(Ord. No. 1206, § 9-11.5-5, 2-24-1981)

(a)

The board shall keep permanent records and minutes of its meetings, showing the vote of each member upon each topic submitted to it.

(b)

The board shall prepare and submit minutes of each meeting to the city clerk in a timely manner.

(c)

The board shall submit all recommendations to the city council in writing.

(d)

A minority report may be attached to the majority recommendation.

(Ord. No. 1206, § 9-11.5-7, 2-24-1981)

(a)

The zoning board of appeals shall have the following duties relating to the historic preservation district:

(1)

To issue certificates of appropriateness prior to the issuance of any building permit pertaining to the construction, erection, alteration, removal, moving, or demolition of any structure in the historic preservation district;

(2)

To propose, from time to time, to the council the establishment or disestablishment of structures or areas for historic preservation and of any additions to or changes in the geographic boundaries of the historic preservation district;

(3)

To advise the council, the building inspector, other public agencies, and property owners in matters involving structures and areas of historic or architectural significance. Further, to assemble and hand over to the chamber of commerce information pertaining to funds, from both public and private sources, available for restoration, alteration, and preservation;

(4)

To hold a public hearing when requested after a certificate of appropriateness has been denied; and

(5)

To advise the building inspector whether a certificate of appropriateness is required for a particular improvement.

(b)

Procedures for the issuance or denial of a certificate of appropriateness shall be as follows:

(1)

No building permit for the construction, erection, alteration, removal, moving, or demolition of any structure or building in the historic preservation district shall be issued where the action will affect the exterior architectural features of the structure or building unless and until a certificate of appropriateness has been issued by the zoning board of appeals. Upon application for a building permit with respect to any structure or building in the above categories, the building inspector shall submit the application, together with the related plans and specifications, to the board for its consideration.

(2)

Application procedures.

a.

An application for a certificate of appropriateness must be filed with the building inspector two weeks prior to the scheduled zoning board of appeals meeting. Two copies of all materials required for consideration must be submitted to the building inspector.

b.

The building inspector shall place a notice of meeting in a prominent place upon the building for which application for a building permit and certificate of appropriateness has been filed. The notice shall be placed at least ten days prior to the meeting and shall constitute public notice of meeting.

c.

The zoning board of appeals shall approve or deny the certificate of appropriateness at its meeting or set a later time to continue the review. The zoning board of appeals will work with the applicant on finding any agreed upon changes which would secure the approval of the zoning board of appeals. Findings of fact shall be included in the minutes of each case and the reasons for approval or denial of the request shall be specified.

(3)

Before recommending approval of a certificate of appropriateness, the zoning board of appeals shall consider whether:

a.

The proposed change will adversely affect or destroy any significant historic or architectural feature of the structure;

b.

It is inappropriate or inconsistent with the spirit and purpose of the regulations;

c.

It will affect adversely or destroy the general historic and architectural significance of the district; or

d.

With respect to any proposed demolition, it shall determine whether or not preservation is economically feasible for the applicant and shall issue a certificate of appropriateness if the denial of the certificate would result in practical difficulty or unnecessary hardship that would deprive the applicant of the reasonable use of the land or building involved.

(4)

Any appeal of a decision must be submitted in writing within ten days of the meeting to the city clerk's office. The chairperson of the zoning board of appeals shall then schedule a public hearing and the city clerk shall notify by mail the applicant and the owners and occupants of neighboring structures at least ten days prior to the hearing, and place a legal notice in the local newspaper. The zoning board of appeals and the applicant may invite other persons or groups as desired to attend the hearing. At the conclusion of the hearing, the zoning board of appeals shall again decide to approve or deny a certificate.

(5)

A party may appeal a decision of the zoning board of appeals, after its public hearing, to the city council. The city council may issue or deny a certificate of appropriateness after it reviews all of the facts, materials, and the decisions of the zoning board of appeals.

(Ord. No. 1206, § 9-11.5-9, 2-24-1981)

The city has created a plan commission which shall be advisory to the city council.

(Ord. No. 1206, § 9-11.5-1, 2-24-1981)

The plan commission shall provide for the continued comprehensive development of the city according to the most recent copy of the comprehensive plan of the city and review and recommend changes in the comprehensive plan.

(Ord. No. 1206, § 9-11.5-2, 2-24-1981)

The members of the plan commission shall have such powers as are now or may be given to it by law.

(Ord. No. 1206, § 9-11.5-3, 2-24-1981)

(a)

Members. The plan commission shall consist of five members, each appointed by the mayor with the advice and consent of the city council.

(b)

Terms. Three plan commission members shall serve two-year terms and two plan commission members shall serve one-year terms. Upon the initial appointments, the mayor shall designate which plan commission members are serving which terms and the seat shall thereafter continue with that same term.

(c)

Removal. A commission member may be removed in accordance with the law.

(d)

Chairperson. The plan commission shall designate one of its own to be chairperson.

(Ord. No. 1206, § 9-11.5-4, 2-24-1981)

The plan commission shall determine and set the time of its meeting and shall otherwise meet upon the call of its chairperson or any three members.

(Ord. No. 1206, § 9-11.5-5, 2-24-1981)

The plan commission shall have the following duties:

(1)

To review the comprehensive plan of the city, and to prepare and recommend changes to the comprehensive plan to the city council.

(2)

To conduct public hearings and make recommendation to the city council upon applications for conditional use permits specifically listed in the district regulations of this Code, subject to the following:

a.

Conditional uses of areas to be annexed shall be detailed in an annexation agreement.

b.

A public hearing on the conditional use and annexation agreement shall be conducted by the plan commission . In such cases, it shall be the plan commission which shall make recommendation to the city council.

c.

No recommendation for a conditional use permit shall be forwarded to the city council within the same week as the public hearing is completed. Before recommending approval of a conditional use permit, the commission shall satisfy itself that the conditional use requested will meet conditions that will, with the commission's judgment, ensure that:

1.

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

2.

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.

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

4.

Adequate utilities, access roads, drainage, and other necessary facilities will be provided;

5.

Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestions in the public streets; and

6.

Duration of conditional uses shall be for that period of time as set forth.

(3)

To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of passage of the zoning regulations.

(4)

To study the provisions of the text of the zoning code and review the zoning map pursuant to the zoning code, from time to time but not less frequently than annually, so that this chapter and the map pursuant thereto may be duly filed and updated annually. The plan commission shall also be authorized to hold hearings on such amendments and to make recommendations to the city council on same.

(5)

To hold public hearings, make written findings of fact and submit the same with recommendations to the city council on any other matters identified by law or regulations.

(6)

To act on all matters referred to it by the city council or upon which it is required to act under the zoning code and subdivision code and on any matters previously under the jurisdiction of the tax increment finance and plan commission .

(Ord. No. 1206, § 9-11.5-6, 2-24-1981)

(a)

The commission shall keep permanent records and minutes of its meetings, showing the vote of each member upon each topic submitted to it.

(b)

The commission shall prepare and submit minutes of each meeting to the city clerk in a timely manner.

(c)

The commission shall submit all recommendations to the city council in writing.

(d)

A minority report may be attached to the majority recommendation.

(Ord. No. 1206, § 9-11.5-7, 2-24-1981)

(a)

For conditional uses and other zoning map amendments or re-zonings, the city shall:

(1)

Obtain the name of property owners within a radius of 250 feet of the property of the stated case and notify each property owner of the public hearing by a letter;

(2)

Have the legal notice published in the official newspaper 15 days prior to the public hearing.

(b)

The city shall receive a fee in the amount provided in the city fee schedule with the application for conditional use. No fee shall be received with applications for other meetings or hearings of the plan commission unless otherwise designated by the city council or unless a fee is otherwise required by this Code. All applications are subject to the city's cost recovery regulations.

(Ord. No. 1206, § 9-11.5-8, 2-24-1981)

(a)

The plan commission shall have the following duties relating to the historic preservation district:

(1)

To issue certificates of appropriateness prior to the issuance of any building permit pertaining to the construction, erection, alteration, removal, moving, or demolition of any structure in the historic preservation district;

(2)

To propose, from time to time, to the council the establishment or disestablishment of structures or areas for historic preservation and of any additions to or changes in the geographic boundaries of the historic preservation district;

(3)

To advise the council, the building inspector, other public agencies, and property owners in matters involving structures and areas of historic or architectural significance. Further, to assemble and hand over to the chamber of commerce information pertaining to funds, from both public and private sources, available for restoration, alteration, and preservation;

(4)

To hold a public hearing when requested after a certificate of appropriateness has been denied; and

(5)

To advise the building inspector whether a certificate of appropriateness is required for a particular improvement.

(b)

Procedures for the issuance or denial of a certificate of appropriateness shall be as follows:

(1)

No building permit for the construction, erection, alteration, removal, moving, or demolition of any structure or building in the historic preservation district shall be issued where the action will affect the exterior architectural features of the structure or building unless and until a certificate of appropriateness has been issued by the plan commission. Upon application for a building permit with respect to any structure or building in the above categories, the building inspector shall submit the application, together with the related plans and specifications, to the commission for its consideration.

(2)

Application procedures.

a.

An application for a certificate of appropriateness must be filed with the building inspector two weeks prior to the scheduled plan commission meeting. Two copies of all materials required for consideration must be submitted to the building inspector.

b.

The building inspector shall place a notice of meeting in a prominent place upon the building for which application for a building permit and certificate of appropriateness has been filed. The notice shall be placed at least ten days prior to the meeting and shall constitute public notice of meeting.

c.

The plan commission shall approve or deny the certificate of appropriateness at its meeting or set a later time to continue the review. The plan commission will work with the applicant on finding any agreed upon changes which would secure the approval of the plan commission. Findings of fact shall be included in the minutes of each case and the reasons for approval or denial of the request shall be specified.

(3)

Before recommending approval of a certificate of appropriateness, the plan commission shall consider whether:

a.

The proposed change will adversely affect or destroy any significant historic or architectural feature of the structure;

b.

It is inappropriate or inconsistent with the spirit and purpose of the regulations;

c.

It will affect adversely or destroy the general historic and architectural significance of the district; or

d.

With respect to any proposed demolition, it shall determine whether or not preservation is economically feasible for the applicant and shall issue a certificate of appropriateness if the denial of the certificate would result in practical difficulty or unnecessary hardship that would deprive the applicant of the reasonable use of the land or building involved.

(4)

Any appeal of a decision must be submitted in writing within ten days of the meeting to the city clerk's office. The chairperson of the plan commission shall then schedule a public hearing and the city clerk shall notify by mail the applicant and the owners and occupants of neighboring structures at least ten days prior to the hearing and place a legal notice in the local newspaper. The plan commission and the applicant may invite other persons or groups as desired to attend the hearing. At the conclusion of the hearing, the plan commission shall again decide to approve or deny a certificate.

(5)

A party may appeal a decision of the plan commission , after its public hearing, to the city council. The city council may issue or deny a certificate of appropriateness after it reviews all of the facts, materials, and the decisions of the plan commission .

(Ord. No. 1206, § 9-11.5-9, 2-24-1981)

(a)

The council may from time to time amend this chapter in the manner prescribed by the statutes of the state. Petitions for amendment may be initiated by the plan commission, property owners, or the council. No such amendment shall be made until it shall have been referred to the plan commission and a report and recommendation received from the board. The board shall hold at least one public hearing upon such amendments as required by law and is designated as the body to hold such hearings.

(b)

An application of any type of amendment to this chapter must be submitted to the city clerk's office in sufficient time to accomplish all required notifications.

(c)

Duties of the city clerk's office. For amendments to the zoning district boundaries (the zoning map), the city clerk's office shall:

(1)

Obtain the names of the property owners within a radius of 250 feet of the property of the stated case and notify each property owner of the public hearing by letter.

(2)

Publish the legal notice in the official newspaper no less than 15 days prior to the public hearing.

(d)

Duties of the city clerk's office. For amendments to the zoning regulations, the city clerk's office shall publish the legal notice in the official newspaper no less than 15 days prior to the public hearing.

(e)

Where initiated by a private party, the city clerk's office shall collect a fee as per city regulations from the party petitioning for a change in the district regulations or district boundaries.

(Ord. No. 1206, § 9-13-1, 2-24-1981)

(a)

The city council shall have, to the extent permitted by statute, the power to make any administrative or procedural changes to this chapter without first submitting such change to a public hearing held by the plan commission.

(b)

The term "administrative or procedural change," as set forth in subsection (a) of this section, means any of the following changes:

(1)

The name of any board, committee, commission, or individual.

(2)

The composition of any board, committee, commission, or position, including, but not limited to, the number of members, length of term or apportionment by residential location or other category.

(3)

The transfer of duties between board, committees, or commissions.

(Ord. No. 1206, § 9-13-2, 2-24-1981)