This portion of this Ordinance contains the regulations pertaining to the administration and enforcement of the provisions of the zoning ordinance.

(Ord. No. 07-2009, 3-3-2009)

Section 60.901.1. Appointment.

The zoning administrator shall be appointed by the mayor with the advice and consent of the board of trustees, to serve at the pleasure of the mayor upon such terms and conditions as may be agreed to by the parties. The zoning administrator shall report to and be supervised by the director of public works. In the absence of a separate appointment, the chair of the planning and zoning commission shall serve as the zoning administrator. The zoning administrator shall serve at the pleasure of the president and board of trustees.

(Ord. No. 07-2009, 3-3-2009)

Section 60.901.2. Powers and duties.

The zoning administrator shall generally administer and enforce this zoning ordinance and in addition thereto and in furtherance of such duties shall:

(a)

Interpret and issue decisions (subject to review) regarding the definition of permitted, special and accessory uses within zoning districts or as to particular parcels or tracts of land.

(b)

Examine and review applications pertaining to the allowable use of land, buildings or structures under this Ordinance and examine building-permit applications for conformity with this Zoning Ordinance.

(c)

Receive, file and promptly forward for action to the appropriate reviewing body all rezoning, special use, variance, amendment and other zoning related applications with all pertinent documentation required. Submit an advisory report with recommendations to the reviewing body regarding each such application. Report regularly or as requested to the planning and zoning commission and the corporate authorities regarding zoning matters, including approvals and denials issued by the zoning administrator.

(d)

Conduct or have conducted such inspections as are necessary to determine compliance with the terms of this Ordinance and act as the primary enforcing officer of the ordinance.

(e)

Provide and maintain a public information bureau relative to all matters arising out of this Ordinance in conjunction with the village clerk and village administration.

(f)

Maintain through the office of the village clerk and village administration permanent and current records of all of the above, including maps and amendments to this Ordinance.

(g)

Perform other duties as established in this Ordinance.

(h)

If the chairman of the planning and zoning commission is acting as administrator, he or she will not participate in the review of any appeal from an administrative decision made in the capacity of zoning administrator.

(Ord. No. 07-2009, 3-3-2009)

The term "commission" when used in this Ordinance shall be construed to mean the Planning and Zoning Commission of the Village of Godfrey, as constituted in Ordinance No. 09-92 and in that capacity it shall perform the functions of the zoning board of appeals for the Village of Godfrey as provided in 65 ILCS 5/11-13-3.

(Ord. No. 07-2009, 3-3-2009)

Section 60.902.1. Advisory body.

The commission shall be an advisory body to the village board of trustees and final decisions on appeals, interpretations, amendments, rezonings, special uses and variances are vested in the village board of trustees. The commission shall serve as the zoning board of appeals and perform such other duties as may be set forth in this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

Section 60.902.2. Powers and duties.

The commission shall:

(a)

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

(b)

Hold public hearings and submit to the village board of trustees a report and recommendations on each application for any rezoning, district reclassification, or change in any zoning classification of any parcel or tract of land subject to this Ordinance.

(c)

Hold public hearings and submit to the village board of trustees a report and recommendations on each application for a variation.

(d)

Hold public hearings and submit to the village board of trustees a report and recommendations on each application for a special use received in compliance with the provisions of this Ordinance.

(e)

Hold public hearings and submit to the village board of trustees a report and recommendations on each proposed amendment, supplement, change to, or repeal of this Zoning Ordinance, as set forth herein.

(f)

Review matters referred to it by the zoning administrator relating to the interpretation and administration of this Ordinance, including the determination of uses constituting permitted uses, accessory uses and special uses.

(g)

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

(Ord. No. 07-2009, 3-3-2009)

Section 60.902.3. Commission meetings.

(a)

Meetings of the commission shall be held at the call of the chairman and at such times as the commission otherwise determines. However, public hearings required by this Ordinance shall be held no later than 45 days following the date of filing of an application or other matter requiring a public hearing, unless an earlier hearing date is required by this Ordinance or other law.

(b)

Notice of all public hearings shall be given as required by applicable statute or this Ordinance.

(c)

All meetings, including public hearings, of the commission shall be held in compliance with the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Illinois Municipal Code (65 ILCS 5/11-13-3). The commission shall maintain minutes of its proceedings showing each matter voted on and shall also keep a record of its hearings and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement and interpretation, decision or determination of the commission shall be filed immediately in the records of the zoning administrator and shall be a public record. The board may adopt its own additional rules and procedures not in conflict with this Ordinance or with Illinois Statutes.

(d)

In any matter to come before the commission in which a member of the commission has any economic or pecuniary interest, whether direct or indirect, the member shall disclose that interest and excuse himself or herself from participation in the consideration of that matter and shall not vote on the matter.

(Ord. No. 07-2009, 3-3-2009)

(a)

The village board of trustees shall retain final legislative authority on zoning matters and decisions under this Ordinance and within the Village of Godfrey. The village board of trustees shall act on and approve or deny all applications for rezonings, variations, special uses, and proposals for amendments, supplements, changes to, or the repeal of this Ordinance.

(b)

The village board of trustees shall act in the foregoing matters after receiving the report and recommendation of the planning and zoning commission as provided in this Ordinance.

(c)

In deciding any matter to come before it upon the report and recommendation of the planning and zoning commission a two-thirds favorable vote of the trustees then holding office shall be required to act in a manner contrary to the recommendation of the commission.

(d)

In conformance with 65 ILCS 5/11-13-14, if a written protest against a proposed amendment of the regulations, district boundary lines, or rezoning of any parcel or tract signed and acknowledged:

(1)

By the owners of 20 percent of the frontage proposed to be altered; or

(2)

By the owners of 20 percent of the frontage immediately adjoining or across from an alley therefrom; or

(3)

By the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds of the trustees then holding office. In such cases, in order to be valid, a copy of the written protest shall be served by the protesting party on the applicant for the proposed amendment and on the applicant's attorney, if any, by certified mail at the address shown on the application for the amendment.

(Ord. No. 07-2009, 3-3-2009)

Except as hereinafter provided, no building or other permit pertaining to the use of land or buildings shall be issued by an officer, department or employee of the village or county unless the application for such permit has been examined by the office of the zoning administrator and has affixed to it a verification of that office that the proposed building or structure and use thereof complies with all the provisions of this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

Section 60.905.1. Scope of provisions.

Any applicant making or submitting an application on a matter under this Ordinance shall make application to the zoning administrator and pay the fee determined by the village board of trustees by resolution. No fee shall be charged for consultation with the zoning administrator regarding a zoning matter or prior to the submission of an application.

(Ord. No. 07-2009, 3-3-2009)

Section 60.905.2. Routing.

Applications in each instance shall be forwarded for initial and subsequent consideration as follows when in complete form:

(a)

Interpretation of permitted uses, special uses, accessory uses, district boundary lines: To the zoning administrator, subject to review on appeal to the planning and zoning commission and then the village board of trustees.

(b)

Variation: After review and report of the zoning administrator to the planning and zoning commission and then to the village board of trustees.

(c)

Special use permit: After review and report of the zoning administrator to the planning and zoning commission then to the village board of trustees.

(d)

Rezoning amendment: After review and report of the zoning administrator to the planning and zoning commission then to the village board of trustees.

(e)

Appeals from a decision of the zoning administrator: To the planning and zoning commission then to the village board of trustees.

(f)

Appeals from a decision of the planning and zoning commission: To the village board of trustees.

(g)

Other matters not specifically provided for: To the zoning administrator, then to the planning and zoning commission, then to the village board of trustees.

(Ord. No. 07-2009, 3-3-2009)

Section 60.905.3. Advisory report.

The zoning administrator shall submit an advisory report to the planning and zoning commission and to the village board of trustees concerning each application filed which goes before the commission or village board.

(Ord. No. 07-2009, 3-3-2009)

Section 60.905.4 Application procedures.

(a)

Applications for a variation, special use, rezoning or other matters to be presented to the planning and zoning commission or the village board of trustees for consideration under this Ordinance are to conform to the requirements of this section.

(b)

Applications shall be presented in the form required by the zoning administrator and will specify the action or relief requested by the applicant. All applications must include the permanent parcel identification number of the zoning lot as well as the street address of the zoning lot.

(c)

Applications for a variation or rezoning are to include a site plan which is to include the following:

(1)

Scale and north arrow;

(2)

Key or location map;

(3)

Streams, creeks and other water features;

(4)

Existing and proposed contours;

(5)

Property dimensions;

(6)

Zoning district and zoning of adjacent parcels;

(7)

Type of sanitary sewage treatment and stormwater drainage facilities, including retention ponds;

(8)

Existing buildings, structures and parking areas;

(9)

Dimensions of existing and proposed street rights-of-way;

(10)

All easements;

(11)

Building heights and setbacks;

(12)

Proposed curb cuts, parking areas, loading areas and calculations used to determine the required number of off-street parking spaces;

(13)

Existing and proposed utilities;

(14)

Proposed screening on the site and the location of any outside refuse, storage, or other similar outdoor facilities and proposed screening of same;

(15)

Building elevations showing materials;

(16)

Proposed signage;

(17)

Proposed buildings with dimensions and area;

(18)

Existing and proposed landscaping;

(19)

Proposed lighting, including sizes and intensities;

(20)

Legal description of parcel;

(21)

Development plan must be certified by an engineer, architect or surveyor;

(22)

Any additional information as may be required by the zoning administrator or planning and zoning commission.

The zoning administrator may waive the requirement of a site plan or may waive particular site plan requirements in circumstances where such information is not necessary for the consideration of the application.

(d)

Applications for a special use shall be presented in the form required by the zoning administrator, and shall include a site plan, and such other information which the zoning administrator deems necessary for consideration of the application including the following minimum submissions:

(1)

Scale and north arrow;

(2)

Key or location map;

(3)

Property dimensions;

(4)

Zoning district and zoning of adjacent parcels;

(5)

Sanitary sewage and stormwater drainage plan;

(6)

Existing buildings, structures and parking areas;

(7)

Dimensions of existing and proposed street rights-of-way;

(8)

All easements;

(9)

Proposed curb cuts, parking areas, loading areas, and calculations used to determine the required number of off-street parking spaces;

(10)

Building elevations showing materials;

(11)

Proposed signage;

(12)

Proposed buildings with dimensions and area;

(13)

Existing and proposed landscaping, and buffering plan;

(14)

Proposed lighting, including sizes and intensities;

(15)

An opinion from a licensed appraiser that the special use requested will not have an adverse impact on the property values of the surrounding property within the district;

(16)

An explanation and showing that the requested use is consistent with the village land use plans and master plans in effect at the time of the application;

(17)

Any additional information that may be required by the zoning administrator and the planning and zoning commission.

The zoning administrator may waive the requirements of subsections (d)(1)—(16) only with the written waiver and permission of the chairman or, acting chairman, if the chairman is not available, of the planning or zoning commission.

(e)

Applications for other matters shall be presented in the form directed by the zoning administrator or as established by rules of the planning and zoning commission.

(f)

Any application which is received shall not be filed until it has been reviewed by the zoning administrator or the zoning administrator's designated reviewer and found to be complete. If incomplete, the applicant will be promptly notified regarding any deficiency. Upon completion, the application will be accepted for filing and routing to the appropriate review agency.

(g)

A nonrefundable fee for a special use permit shall accompany the application in the amount of $250.00, and, in addition, before the issuance of a special use permit the applicant shall pay all costs of publication, hearing costs and the costs of any court reporters for any hearings.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 02-2012, 2-7-2012; Ord. No. 06-2013, 4-16-2013)

Section 60.905.5. Public hearings by planning and zoning commission.

Upon the filing of an application for amendment of the zoning ordinance, for a rezoning of land by amendment of the ordinance, for a special use permit, for a variation or for any other matter requiring a public hearing by the commission, or upon initiation of a resolution of intention by the planning and zoning commission or the village board of trustees, a public hearing will be held by the planning and zoning commission on the matter within 60 days of the date of filing of a complete application.

(a)

Notice of public hearings. The zoning administrator shall give notice of the time, date and place of the public hearing as follows.

(1)

Content. The notice shall contain:

(A)

A brief description of the subject matter of the public hearing;

(B)

The particular location of the real estate which is the subject of the hearing by legal description and street address, or, if no street address is available, by reference to any well-known landmark, highway, road, thoroughfare or intersection;

(C)

A brief summary explaining the purpose and subject matter of the hearing;

(D)

The following language in bold print in a prominent location in the notice:

"THE PLANNING AND ZONING COMMISSION MAY APPROVE THE APPLICATION WITH OR WITHOUT MODIFICATIONS OR CONDITIONS OR IT MAY DISAPPROVE THE APPLICATION. THIS COULD SIGNIFICANTLY AMEND, MODIFY, REVISE OR ALTER THE APPLICATION AS ORIGINALLY FILED BY THE APPLICANT AND COULD SIGNIFICANTLY CHANGE THE IMPACT OF THE PROPOSAL AS CONTAINED IN THE APPLICATION ON SURROUNDING PROPERTY OWNERS. SHOULD YOU DESIRE TO BE HEARD REGARDING THE APPLICATION AS FILED OR AS TO ANY AMENDMENTS, MODIFICATIONS, REVISIONS OR ALTERATIONS YOU SHOULD ATTEND THE PUBLIC HEARING".

(2)

Published notice. The foregoing notice shall be published one time in a newspaper of general circulation within the Village of Godfrey and the area under consideration at least 15 days, but not more than 30 days prior to the scheduled public hearing. The applicant shall bear the cost of publishing the notice.

(3)

Mailed notice. The foregoing notice shall also be sent by United States First Class Mail at least 15 days before the scheduled public hearing to the applicant and to the owners of all property adjacent to and within 250 feet in any direction from the subject property. The applicant shall furnish to the administrator at the time the application is filed a complete list containing the names and last known addresses of the owners of property required to be notified and shall pay the cost of the notice to the adjacent and surrounding property owners. Any error in the notification of the adjacent or surrounding property owners due to the inadequacy of the listing shall be the responsibility of the applicant.

(4)

Posted notice. The foregoing notice shall also be posted on the property which is the subject of the hearing at least ten days prior to the public hearing date. It shall be placed where it can be readily seen from the street or highway on which the property fronts as follows:

(A)

The notice must be protected from the wind and weather and be fastened and secured to a board or other support which can in turn be attached to a two-inch x four-inch post or other anchoring device;

(B)

The notice should be placed at least four feet above the ground level or above the grade of the street or highway on which the property fronts where it can be readily seen by persons passing the property;

(C)

The notice should be placed at a location which is located within five feet of the right-of-way of the most traveled street or highway on which the property fronts.

In the event the property does not have frontage on a major road or is so located that it is accessed by a private or nonpublic roadway, the notice should be posted on the subject property at a location which will provide the greatest available visibility. An affidavit of posting shall be on file prior to or on the date of the hearing. The zoning administrator may require such additional signs to be posted as may be necessary to carry out the intent of this Ordinance to provide public notice. The affidavit of posting shall include a picture, taken by the zoning administrator or his designee, of the posted notice on the subject property.

(b)

Hearing procedures. In conducting public hearings, the planning and zoning commission may adopt reasonable rules concerning the conduct of the hearing to insure that it is fair and complete.

(1)

Applicants and property owners identified in section 60.903 shall have the following rights, in conformance with 65 ILCS 5/11-13-7a:

(A)

To have subpoenas issued for persons to appear at the hearing, subject to the limitations and the requirements of 65 ILCS 5-11-13-7a(a);

(B)

To cross-examine all witnesses who may testify and to present witnesses on their behalf.

(2)

The planning and zoning commission may, in its discretion, allow one continuance of a public hearing upon application of an objecting property owner.

(3)

The planning and zoning commission may place reasonable time limits on the length of the public hearing and on the manner and time allotted for presentations to the commission during the hearing.

(4)

The planning and zoning commission may recess any public hearing and continue it at a later date, time and place announced at time of recess consistent with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1/1 et seq.). In such event, no further notice shall be required.

(5)

The Zoning Ordinance of the Village of Godfrey, Illinois, the Land Subdivision Standards of the Village Standards of the Village of Godfrey, Illinois, the Comprehensive Plan of the Village of Godfrey, Illinois, the Zoning Map of the Village of Godfrey, Illinois, the Future Land Use Map of the Village of Godfrey, Illinois, the Code of Ordinances of the Village of Godfrey, Illinois, and any Village of Godfrey staff advisory reports submitted in writing to the planning and zoning commission in the course of a public hearing shall be considered as evidence admitted in the course of any public hearing without the necessity of a motion to admit such documents into the record or into evidence. The planning and zoning commission may accept additional evidence during the public hearing and shall allow the right of cross-examination to any interested party with regard to any advisory report presented to the planning and zoning commission.

(Ord. No. 07-2009, 3-3-2009)

Section 60.905.6. Time limits, form of decisions.

(a)

Matters filed with the zoning administrator which require the action of the planning and zoning commission shall be the subject of a decision of that body within 90 days of the date a complete application is filed with the zoning administrator. An incomplete application may be rejected by the zoning administrator and the time period specified shall not commence until the zoning administrator certifies the application is complete.

(b)

Matters which require the action of the village board of trustees shall be forwarded from the planning and zoning commission in writing and the village board shall act on the matter within 30 days of the first regular meeting following transmittal of the decision of the planning and zoning commission to the village board of trustees.

(c)

Any time limit provided for in this Ordinance may, by mutual agreement of the village board or planning and zoning commission and the applicant or appealing party, be extended.

(d)

Decisions of the planning and zoning commission are to be in writing and to contain findings of fact and shall refer to any exhibits submitted which contain plans or specifications relating to the special use request contained in the application. The findings of fact for a special use permit shall include at a minimum:

(i)

That the special use is necessary or desirable for the public convenience at that location; and

(ii)

That, the special use is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; and

(iii)

That the special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located; and

(iv)

That, the special use conforms to the applicable zoning regulations of the district in which located; and

(v)

That, the provisions of section 60.906.8 have been found to be present by a preponderance of the evidence.

(e)

The planning and zoning commission in rendering a decision on any application to come before it under this Ordinance may approve the application as presented, approve it subject to conditions or modifications or disapprove it.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 02-2012, 2-7-2012; Ord. No. 06-2013, 4-16-2013)

Section 60.905.7. Appeals to planning and zoning commission.

(a)

A decision of the zoning administrator may be appealed to the planning and zoning commission by any person aggrieved by the decision or by any officer, department, board or other body of government of the village.

(b)

The appeal shall be taken within 45 days of the action complained of by filing with the zoning administrator and the planning and zoning commission a written notice of appeal specifying the grounds for the appeal.

(c)

The zoning administrator will transmit the record upon which the action was taken to the planning and zoning commission within ten days of the date of filing of the notice of appeal.

(d)

The appeal shall be heard by the planning and zoning commission at its next regularly scheduled meeting occurring at least 14 days after the filing of the notice of appeal. In all events, the appeal shall be heard and decided within 60 days of the date the notice of appeal is filed, unless by agreement of the appealing party and the commission, this date is extended.

(e)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the planning and zoning commission after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property.

(f)

In the event of such certification, the proceedings shall not be stayed unless the stay is rescinded by the planning and zoning commission upon application or by a court of competent jurisdiction on application. Notice of such application shall be given to the zoning administrator from whose decision the appeal is taken and the stay may only be rescinded for due cause shown.

(g)

The following procedures will apply to appeals:

(1)

The party appealing may present any evidence or argument in support of the appeal and that party will bear the burden of proof and persuasion.

(2)

The zoning administrator may present any evidence or argument against the appeal.

(3)

By leave of the planning and zoning commission, other interested persons or parties may be allowed to present evidence or argument concerning the appeal.

(4)

The hearing before the planning and zoning commission is de novo (from the beginning) and both the appealing party and the zoning administrator may present evidence not submitted at the time of the consideration of the matter by the zoning administrator which resulted in the decision being appealed from.

(h)

The planning and zoning commission will issue its decision in writing and will include its findings and reasons for its decision. The planning and zoning commission may affirm or reverse, in whole or in part, or modify, in whole or in part, the decision of the zoning administrator appealed from. It may also remand the matter to the zoning administrator for further consideration or action in light of its decision.

(Ord. No. 07-2009, 3-3-2009)

Section 60.905.8. Appeals to village board of trustees.

(a)

A final decision of the planning and zoning commission which is not otherwise subject to review or further action by the village board of trustees may be appealed to the village board of trustees by any person aggrieved by the decision or by any officer, department, board or other body of government of the village.

(b)

The appeal shall be taken within 45 days of the date of the written decision of the planning and zoning commission by a written notice of appeal filed with the village clerk and specifying the grounds for appeal.

(c)

The planning and zoning commission shall be notified of the appeal and shall forward to the village clerk the record upon which the decision was based within ten days of the date of the filing of the notice of appeal.

(d)

The appeal will be considered at a meeting of the village board of trustees occurring at least 14 days after the filing of the notice of appeal. In all events, the appeal shall be heard and decided within 60 days of the date the notice of appeal is filed, unless by agreement of the appealing party and the village board this date is extended.

(e)

An appeal shall stay all proceedings in furtherance of the decision of the planning and zoning commission unless the certification set out in subsection 60.905.7(e) is made by the chair of the planning and zoning commission, in which case the same provisions shall apply, except the village board will have authority to rescind the stay rather than the planning and zoning commission.

(f)

The hearing on the appeal shall not be de novo (from the beginning) in nature, and the village board will decide the appeal on the record before the planning and zoning commission. No new evidence will be presented without permission of the village board based on compelling circumstances. Argument may be presented, but may limited by the village board as it deems appropriate. The party initiating the appeal bears the burden of proof and persuasion.

(g)

The village board will issue its written decision and the decision of the village board will be final. The village board may affirm, reverse or modify the decision of the planning and zoning commission or it may remand the matter for further consideration by the commission in light of its decision.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.1 Purpose.

The formulation and enactment of a comprehensive ordinance is based on the division of the entire village 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 are other uses which it may be necessary or desirable to allow in a given district, but which, on account of 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 uses are classified in this Ordinance as "special uses" and fall into three categories as follows:

(a)

Uses operated by the village or other government or operated by publicly regulated utilities or uses traditionally affected by public interest;

(b)

Uses entirely private in character which, on account of their peculiar location and the nature of the service they offer to 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 zoning regulations;

(c)

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

Special uses are identified for each zoning district in the portions of this Ordinance establishing those districts.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.2. Performance standards.

All uses established by a special use permit shall operate in accord with performance standards applicable to the zoning district in which the special use is to occur. These performance standards are minimum requirements and may be made more restrictive in the conditions governing the particular development or use authorized by special use permit.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.3. Height, area and bulk limitations for structures.

Unless otherwise restricted by application of regulations elsewhere in this Ordinance, the total height, area and bulk of any structure shall be limited by the conditions governing the particular development or use authorized by special use permit. However, the total height, area and bulk of any structure authorized by a special use permit shall not exceed the least restrictive regulations of the particular zoning district in which the development or use is located.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.4. Lot area, lot dimensions, development limitation and yard requirements.

Any development or use authorized by a special use permit shall abide by the lot area, lot dimension, development limitation and yard requirements of the particular zoning district in which the development or use is located. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by the special use permit.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.5. Off-street parking and loading requirements.

The minimum off-street parking and loading requirements, including required setbacks for parking areas, loading spaces and internal drives for any development or use authorized by a special use permit shall not be reduced below the minimum requirements as set forth in this Ordinance. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by a special use permit.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.6. Sign regulations.

Specific sign regulations may be established in the conditions governing the particular development or use authorized by special use permit in accord with the provisions of the Village of Godfrey Sign Ordinance and in no instance shall they be less restrictive than the sign regulations of the particular zoning district in which the development or use is located. Such regulations may be more restrictive under the particular special use.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.7. Application procedures.

A request for a special use permit shall be filed with the administrator on forms prescribed for that purpose and shall conform to the general application requirements set forth in this Ordinance. (See section 60.905.4.) The request shall be verified and may be made by one or more of the owners of record, contract purchasers (with the consent of the owner of record), or lessee (with the written consent of the owner of record) of a zoning lot or tract of land, or by their authorized representatives, or by a resolution of intention by the planning and zoning commission or the village board of trustees. Applications shall be processed under the provisions of section 60.905.4.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.8. Standards applicable to special uses.

In considering an application for a special use permit, the reviewing bodies, prior to rendering a decision thereof, shall consider at least the following, which shall be found by the preponderance of the evidence presented to favor the special use applied for:

(a)

Consistency with the comprehensive plan;

(b)

Whether the use is consistent with good planning practice;

(c)

The impact the development would have on schools, traffic, streets, shopping, public utilities and adjacent properties;

(d)

Whether the application is necessary for the public convenience at that location;

(e)

Whether, in the case of an existing nonconformance, a special use permit will make the use more compatible with its surroundings;

(f)

Whether the application is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected;

(g)

Whether the application will cause injury to the value of other property in the neighborhood in which it is located; and

(h)

Whether the special use will be detrimental to the essential character of the district in which it is located.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.9. Decision, time limit.

(a)

After review and recommendation by the planning and zoning commission, the village board of trustees, by a majority vote (except where the favorable vote of two-thirds of the trustees then holding office is required under the provisions of section 60.903) may approve, approve with conditions, deny or table the special use permit.

(b)

If an application for a special use permit is not acted upon finally and favorably by the village board of trustees within 120 days of the date of submission of the report of the planning and zoning commission, such application shall be deemed to have been denied.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.10. Conditions, expiration.

(a)

In granting a special use permit, the village board of trustees may provide such conditions or restrictions upon the construction, location, and operation of the special use, including, but not limited to, provisions for the protection of the adjacent property, off-street parking and loading, the expiration of the special use after a specified period of time as may be deemed necessary to secure the general objectives of this Ordinance, and to reduce injury to the value of property in the neighborhood. There shall be a term of years specifically attached to any special use permit. Said term shall not exceed 30 years. All special use permits shall expire at their expiration date, and the special use shall no longer be allowed unless a new special use permit is granted.

(b)

A special use permit shall expire and be null and void upon the abandonment or suspension of the permitted use for a period of six consecutive months, or there is a change in the use and character of the special use. The planning and zoning commission upon application to it may grant a waiver of any provision in this subsection. Provided, however, any approved waiver shall not extend the term or amend the original conditions of the special use permit. All waivers granted by the planning and zoning commission must be approved by the Godfrey Village Board of Trustees under section 60.903 of the Godfrey Village Code.

(c)

Any request for an amendment of the term or special conditions of a special use permit shall require a new application for special use permit to be filed.

(d)

Any special use permit existing within the village upon the date of the adoption of this Ordinance shall continue to be effective as issued; however, any change in use of said property shall require full compliance with the terms and conditions of this Ordinance.

(e)

The village board of trustees may require a personal guarantee cash bond or surety of some other acceptable surety to insure compliance with the terms and conditions of the special use permit.

(f)

When granted, a special use permit, together with its terms and conditions shall apply to the property, structure and use for which it was issued and not to a particular person or entity.

(g)

Any use permitted as a special use in the district in which it is located and for which no special use permit has been approved shall be considered a nonconforming use, provided such use was legally established to the effective date of this Ordinance.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 02-2012, 2-7-2012; Ord. No. 06-2013, 4-16-2013)

Section 60.906.11. Revocation, expiration.

The following provisions related to revocation and expiration of a special use permit shall apply:

(a)

The village board of trustees based upon a recommendation from the planning and zoning commission or by its own motion, may revoke a special use permit if the property for which the special use permit is issued:

(i)

Shall at any time be in violation of the building and zoning provisions of the Village of Godfrey; or

(ii)

If the property for which the special use permit was issued is found to be in violation of the terms and conditions of the special use permit; or

(iii)

If the use for which the special use permit was granted is so exercised as to be detrimental to the public health or safety, or is operated so as to constitute a nuisance; or

(iv)

If the special use permit was obtained via misrepresentation or fraud.

(b)

A special use permit shall expire and be null and void if the permitted use is not commenced by the applicant within 12 months after the issuance of the special use permit, unless such time period is extended by the planning and zoning commission. The planning and zoning commission upon application may grant one extension of up to 12 month's under this subsection and no more. All extensions granted by the planning and zoning commission must be approved by the Godfrey Village Board of Trustees under section 60.903 of the Godfrey Village Code.

(c)

A special use permit shall expire and be null and void if any of the following occur:

(i)

Upon the abandonment or suspension of the permitted use for a period of six consecutive months; or

(ii)

If there is a change in the use and character of the special use property.

The planning and zoning commission upon application to it may grant a waiver of any of the provisions in subsections (c)(i) and (ii). Provided, however, any approved waiver shall not extend the term, or change the original terms and conditions of the special use permit. All waivers granted by the planning and zoning commission must be approved by the Godfrey Village Board of Trustees under section 60.903 of the Godfrey Village Code.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 02-2012, 2-7-2012; Ord. No. 06-2013, 4-16-2013)

Section 60.906.12. Revocation procedures.

The following procedures shall apply to revocations of special uses:

(a)

Should there be a reason to believe that a special use permit is subject to revocation, the zoning administrator may initiate an investigation into such matter. The president, village board or the planning and zoning commission may also direct the zoning administrator to conduct such an investigation. The findings of such investigation by the zoning administrator will then be forwarded to the planning and zoning commission for consideration at its next regular or a duly noticed special meeting.

(b)

The planning and zoning commission will consider the administrator's report at a public meeting. The holder of the special use permit will be afforded the opportunity to present evidence and/or argument against the revocation of the special use permit. The commission, in its discretion, may allow other interested parties to appear and present evidence and/or argument regarding the revocation of the special use permit.

(c)

The planning and zoning commission will present its advisory report together with a recommendation to the village board of trustees as to whether the special use in question should be revoked.

(d)

The village board of trustees, at a public meeting, shall consider the report of the planning and zoning commission and shall decide whether to revoke the special use permit. A vote of two-thirds of the trustees of the village then holding office shall be required to act in a manner contrary to the recommendation of the planning and zoning commission regarding the revocation.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.13. Effect of denial of application/reapplication.

Upon denial by the village board of trustees of a special use permit application, the clerk will notify the applicant of the denial. No subsequent application for a special use permit with reference to the same use on the same property or part thereof shall be filed by any applicant until the expiration of 18 months after the denial. The foregoing shall not, however, prevent the planning and zoning commission or the village board of trustees from initiating the procedure provided in this section 60.906 at any time.

(Ord. No. 07-2009, 3-3-2009)

Section 60.906.14. Existing special uses.

Special uses granted by the authority of Madison County prior to incorporation of the village and the adoption of this Ordinance may continue in effect, subject to the provisions and requirements of the existing special use permit. Such special uses may not, however, be altered or expanded without the express approval of the village through the procedures established for the approval of special use permits in this Ordinance. Any existing special use shall be subject to revocation in the same manner as special use permits granted under this Ordinance and utilizing the same procedures.

(Ord. No. 07-2009, 3-3-2009)

Section 60.907.1. Authorization.

In order that the spirit of this Zoning Ordinance may be observed and substantial justice done, the village board may, upon application, grant a variation (variance) from the strict application of the ordinance, provided that variations of use restrictions (permitted, special, or accessory) shall not be permitted. A variation may be granted by the village board of trustees upon making a finding of fact that, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary extreme and undue hardship which would deprive the owner of the property for which the variation is sought of all practical use of the property.

(Ord. No. 07-2009, 3-3-2009)

Section 60.907.2. Determining factors.

In making a determination as to whether there is unnecessary hardship, the village board and planning and zoning commission shall take into consideration the extent to which the following conditions, all of which must be found favorably to the party seeking the variation, to have been established by the preponderance of the evidence:

(a)

That the plight of the owner is due to unique circumstances caused by the particular physical surroundings, shape or topographical condition of the specific property involved or other reasons which would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or loss of revenue, if the strict requirements of the ordinance were applied;

(b)

That the conditions upon which the requested variation is based would not be applicable, generally, to other property within the same zoning classification;

(c)

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

(d)

That the granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located and will not alter the essential character of the locality;

(e)

That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the 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;

(f)

That the proposed variation complies with the spirit and intent of the restrictions imposed by this Ordinance;

(g)

That the proposed variation does not constitute a variation in use not permitted in the district; and

(h)

That the subject property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations applicable to the zoning district in which the property is located.

(Ord. No. 07-2009, 3-3-2009)

Section 60.907.3. Imposition of conditions and restrictions.

The village 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 better to carry out the general intent of this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

Section 60.907.4. Application procedures.

A request for a variation shall be filed with the administrator on forms prescribed for that purpose and shall conform to the general application requirements set forth in this Ordinance. (See section 60.905.4.) The request shall be verified and may be made by one or more of the owners of record, contract purchasers (with the written consent of the owner of record), or lessee (with the written consent of the owner of record) of a zoning lot or tract of land, or by their authorized representatives, or by resolution of intention by the planning and zoning commission or the village board of trustees. applications shall be processed under the provisions of section 60.905.4.

(Ord. No. 07-2009, 3-3-2009)

Section 60.907.5. Decision, time limit.

(a)

After review and recommendation by the planning and zoning commission, the village board of trustees, by a majority vote (except where the favorable vote of two-thirds of the trustees then holding office is required under the provisions of section 60.903) may approve, approve with conditions, deny or table the variation.

(b)

If an application for a variation is not acted upon finally by the village board of trustees within 120 days of the date of submission of the report of the planning and zoning commission, such application shall be deemed to have been denied.

(Ord. No. 07-2009, 3-3-2009)

Section 60.907.6 Effect of denial of application/reapplication.

Upon denial by the village board of trustees of an application for variation, the village clerk will notify the applicant of the denial in writing. No subsequent application for a variation with reference to the same property or part thereof requesting the same relief or substantially the same relief shall be filed by any applicant until the expiration of 18 months after the denial. The foregoing shall not, however, prevent the planning and zoning commission or the village board of trustees from initiating the procedure provided in this section 60.907 at any time.

(Ord. No. 07-2009, 3-3-2009)

Section 60.908.1. Scope of provisions.

(a)

As used in this section, "amendment" includes any change to the standards of this Ordinance, zoning district boundaries, or the zoning classification of property within the village.

(b)

The village board of trustees may, from time to time, on its own motion, on application of any persons in interest, or on an initial recommendation of the planning and zoning commission, amend, supplement, or repeal by ordinance the regulations or provisions of this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

Section 60.908.2. Application procedures.

(a)

A request for any change of zoning district boundaries or any reclassification of districts, as shown on the zoning district maps, shall be filed with the administrator on forms prescribed for that purpose and shall conform to the general application requirements set forth in this Ordinance. (See section 60.905.4.) The request shall be verified and may be made by one or more of the owners of record, contract purchasers (with the written consent of the owner of record), or lessee (with the written consent of the owner of record) of a zoning lot or tract of land, or by their authorized representatives, or by resolution of intention by the planning and zoning commission or the village board of trustees. Applications will be processed under the provisions of section 60.905.4.

(b)

Each such application, other than those initiated by the planning and zoning commission or the village board of trustees, shall be verified by at least one of the owners or authorized representatives of the owners of property within the area proposed to be changed, attesting to the truth and correctness of all facts and information presented therein.

(Ord. No. 07-2009, 3-3-2009)

Section 60.908.3. Public hearing.

A public hearing on the application shall be held by the planning and zoning commission in accordance with the provisions of section 60.905.5.

(Ord. No. 07-2009, 3-3-2009)

Section 60.908.4. Standards to be applied.

Standards to be applied by the planning and zoning commission and the village board of trustees in reviewing applications for amendments. In considering an application for rezoning or for amendment, the reviewing bodies shall, prior to rendering a decision thereon, consider at least the following:

(a)

Consistency with the comprehensive plan;

(b)

The impact the amendment would have on schools, traffic, streets, shopping, public utilities and adjacent properties;

(c)

Whether the application is necessary for the public convenience at that location;

(d)

Whether the application is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

(e)

Whether the application will cause injury to the value of other property in the neighborhood in which it is located;

(f)

In accordance with section 60.903, in case of written protest against any proposed amendment signed and acknowledged by:

(1)

The owner or owners of 20 percent of the frontage proposed to be altered; or

(2)

The owner or owners of 20 percent of the frontage immediately adjoining or across an alley therefrom; or

(3)

The owners of 20 percent of the frontage directly opposite the frontage proposed to be altered.

A two-thirds favorable vote of the trustees then holding office shall be required to approve the amendment. Any such protest shall not be effective, however, unless it specifically states that the owners listed thereon are the owner or owners of 20 percent of the frontage proposed to be altered or the owner or owners of 20 percent or more of the frontage immediately adjoining or across an alley therefrom or the owner or owners of 20 percent or more of the frontage directly opposite the frontage proposed to be altered. The written protest shall also not be effective unless it is filed with the village clerk prior to the consideration of the amendment by the village board, and a copy of the written protest served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and the applicant's attorney as shown in the application for the proposed amendment.

(Ord. No. 07-2009, 3-3-2009)

Section 60.908.5. Decision.

Rezonings and ordinance amendments shall be adopted only by ordinance. If an application for a proposed amendment is not acted upon finally and favorably by the village board of trustees within 120 days of the date the report and recommendation of the planning and zoning commission is submitted to the village board of trustees, the application shall be deemed denied.

(Ord. No. 07-2009, 3-3-2009)

Section 60.908.6 Effect of denial of application/reapplication.

Upon denial by the village board of trustees of an application for a rezoning or ordinance amendment, the village clerk will notify the applicant of the denial in writing. No subsequent application for a rezoning with reference to the same property or part thereof or for an amendment to this Ordinance seeking the same amendment shall be filed by any applicant until the expiration of 18 months after the denial. The foregoing shall not, however, prevent the planning and zoning commission or the village board of trustees from initiating the procedure provided in this section 60.908 at any time.

(Ord. No. 07-2009, 3-3-2009)

Section 60.909.1. Appointment—Zoning administrator.

The zoning administrator shall be appointed by the mayor with the advice and consent of the board of trustees, to serve at the pleasure of the mayor upon such terms and conditions as may be agreed to by the parties. The zoning administrator shall report to and be supervised by the director of public works. In the absence of a separate appointment, the chair of the planning and zoning commission shall serve as the zoning administrator. The zoning administrator shall serve at the pleasure of the president and board of trustees.

(Ord. No. 07-2009, 3-3-2009)

Section 60.909.2. Notices, hearings and orders.

(a)

Whenever the zoning administrator has determined from inspection or from other means that reasonable grounds exist to believe there has been a violation of any provision of this Ordinance, the zoning administrator will give notice of such violation to the person alleged to be in violation.

(b)

Such notice shall:

(1)

Be in writing;

(2)

Include a statement of the reasonable time for performance of any act it requires to remedy the violation;

(3)

Be served upon the owner of the property where the violation is alleged to have occurred or his agent, in one of the following ways:

(A)

By sending a copy thereof by United States First Class Certified Mail to the owner's last known address or the address reflected on the property tax records for the property in question.

(B)

By serving a copy thereof personally on the owner or on the occupant of the property where the violation is alleged to have occurred.

(C)

By posting a copy thereof on the property where the violation is alleged to have occurred.

(D)

By serving a copy thereof by any other method authorized by the laws of the State of Illinois;

(4)

Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

Section 60.909.3. Reinspection.

At the end of the specified notice period, the zoning administrator will reinspect the premises where the violation occurred. If such conditions or practices have not been corrected, the zoning administrator will submit the file concerning the violations to the planning and zoning commission to determine subsequent appropriate action.

(Ord. No. 07-2009, 3-3-2009)

Section 60.909.4. Stop order.

Whenever any building, construction or grading work is being done, or uses established, conducted, altered or otherwise changed in a manner contrary to the provisions of this Ordinance or an approved permit or site plan, the zoning administrator, or other authorized person, may order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done and any such person shall forthwith stop such work until authorized by the zoning administrator to proceed.

(Ord. No. 07-2009, 3-3-2009)

Section 60.909.5. Staying of stop order.

(a)

When an appeal from the decision of the zoning administrator concerning a stop order has been taken and filed with the planning and zoning commission, the stop order shall not take effect pending resolution of the appeal, unless the zoning administrator certifies to the planning and zoning commission that, by reason of facts stated in the certification, a stay would cause imminent peril to life or property.

(b)

In cases where the stop order is not stayed, it shall remain in effect unless rescinded by the planning and zoning commission upon application or by a court of competent jurisdiction on application. Notice of such application to rescind the stop order shall be given to the zoning administrator and the owner of the property affected and the stop order may only be rescinded in such cases for due cause shown.

(Ord. No. 07-2009, 3-3-2009)

Section 60.909.6. Emergency action.

(a)

Whenever the zoning administrator finds that an emergency exists which requires immediate action to protect the public health or safety, the zoning administrator may, without notice or hearing, issue an order reciting the existence of such an emergency and require that such action be taken as the zoning administrator may deem necessary to meet the emergency, including the suspension of a zoning permit.

(b)

The zoning administrator shall in such cases immediately notify the planning and zoning commission and the village president and board of trustees of such action.

(c)

Notwithstanding any other provisions of this Ordinance, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately.

(d)

Any such person may apply to the zoning administrator, who shall promptly review the emergency order and afford such person the opportunity to be heard regarding same. In the event the emergency order remains in effect following the review of the zoning administrator, such person may appeal to the planning and zoning commission and will be afforded a hearing as soon as is practicable and in accordance with the provisions of this Ordinance regarding appeals.

(Ord. No. 07-2009, 3-3-2009)

(a)

The civil and criminal provisions of this chapter shall be enforced by those persons or agencies designated by the village to include the states attorney of Madison County and/or the village attorney.

(b)

The zoning administrator, or any other duly authorized village official, or any law enforcement officer is authorized to issue citations for the violation of this chapter when, based upon personal investigation, the zoning administrator, village official, or law enforcement officer has probable cause to believe that a violation of this chapter has occurred. Civil enforcement actions may be taken against any violator, in addition to criminal enforcement, and may include, but shall not be limited to, equitable relief by way of restraining order, preliminary injunction, and/or permanent injunction to:

(1)

Prevent an unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use;

(2)

Prevent an occupancy of the building, structure or land;

(3)

Prevent any illegal act, conduct, business or use in or about the premises; or

(4)

Restrain, correct or abate the violation. Civil enforcement actions may be prosecuted by the village attorney or the Madison County States Attorney notwithstanding any concurrent criminal action being taken against a violator.

(c)

Nothing in this chapter shall be construed to authorize or permit the zoning administrator or other duly authorized village officials to perform any function or duty of a law enforcement officer other than as specified in this chapter. Neither the zoning administrator nor other duly authorized village officials shall make physical arrests or take any person into custody.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 01-2018, § 1, 1-4-2018)

(a)

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Ordinance shall be guilty of a misdemeanor.

(b)

Any such person, firm, or corporation found guilty of such violation shall be fined not less than $10.00, nor more than $500.00 for any one offense or imprisoned for not more than six months, or both fined and imprisoned.

(c)

Each day a violation or failure to comply occurs after notification thereof shall constitute a separate offense.

(Ord. No. 07-2009, 3-3-2009)

(a)

A person(s), firm or corporation who is convicted of or pleads guilty to more than one offense during any 12-month period for any violation of this Ordinance shall be considered a habitual violator.

(b)

Any person, firm, or corporation found guilty of being a habitual violator shall be fined not less than $250.00, nor more than $1,000.00 or imprisoned for not more than six months, or both fined and imprisoned for each offense after the first offense.

(Ord. No. 15-2012, 6-5-2012)

The village board shall, by resolution, determine the applicable fees to be charged for any application to be filed pursuant to the provisions of this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

This Ordinance shall take effect from and after its final passage as provided by law.

(Ord. No. 07-2009, 3-3-2009)

This Ordinance shall be published in pamphlet form pursuant to the authority of 65 ILCS 5/1-2-4 and not less than three copies of this Ordinance shall be filed in the Office of the Village Clerk of the Village of Godfrey, Illinois, for the use and examination of the public.

(Ord. No. 07-2009, 3-3-2009)

All ordinances or parts thereof, in conflict herewith shall be and hereby are repealed, including, but not limited to Ordinance No. 01-2005, which shall be repealed in its entirety. All ordinances or parts thereof which contain language pertaining to any section of this Ordinance shall be and hereby is superceded by this Ordinance. Nothing herein shall in any way excuse or prevent prosecution of any previous or existing violation of any ordinance or part of any ordinance repealed or superceded hereby.

(Ord. No. 07-2009, 3-3-2009)