An administrative official designated by the city council shall administer and enforce this chapter. Such official may be provided with the assistance of such other persons as the city council may direct. All questions of interpretation and enforcement of this chapter shall first be presented to the administrative official. If the administrative official finds that any of the sections of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. He shall order discontinuance of alleged use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions or alterations; and shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its sections.

(Ord. No. 2195, § 2, 1-16-06)

Any neighboring resident or other interested citizen reporting an alleged violation of this chapter shall file a complaint in writing. Such complaint shall state fully the cause and basis of the complaint, citing the specific sections of this chapter where possible.

(Ord. No. 2195, § 2, 1-16-06)

When the administrative official observes a violation of this chapter, he shall post a zoning violation notice on the structure in question, and inform the owners and occupants of the alleged violation. If the violation is not corrected within 20 days after the first notification, the administrative official shall send a second notification. If corrective action is not taken within ten days after this notification, the proper officers of the city may institute any appropriate action or proceedings to:

(1)

Prevent the unlawful erection or construction;

(2)

Restrain, correct or abate the violation;

(3)

Prevent the occupancy of the structure; or

(4)

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

(Ord. No. 2195, § 2, 1-16-06)

(a)

Any person violating any of the city ordinances or failing to comply with any of the mandatory requirements of the city ordinances shall be guilty of an ordinance violation. Except when a different punishment is prescribed by any city ordinance, any person convicted of an ordinance violation under the city ordinances shall be punished by a fine of not less than $50.00 and not more than $750.00.

(b)

Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of a city ordinance is committed, continued or permitted by any such person and shall be punished accordingly.

(c)

Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

(Ord. No. 2195, § 2, 1-16-06)

(a)

Development rights for residential land shall vest upon recording of the final plat for such land. Therefore, a final plat shall be recorded prior to any development activity or improvements to any property within the city's residential districts. If construction has not begun within one year of recording the plat, the development rights shall expire unless an extension is granted.

(b)

For all nonsingle-family development, development rights for land shall vest upon the recording of a final plat or approval of the site plan or specific construction documents for such land. If all permits required for such development have not been issued and the start of construction and the completion of substantial amounts of work under the validly issued permits has not begun within one year of approval of the site plan, the development rights shall expire unless an extension is granted.

(c)

The combined planning and zoning board may for good cause as presented by the applicant grant a single extension of development rights. Development rights for single-family development shall not be extended for more than one year. For all nonsingle-family development, an extension of not more than six months may be granted. Applicants seeking an extension shall submit a statement in writing, justifying the extension. In considering an extension, the combined planning and zoning board shall consider the following factors, as well as other relevant considerations:

(1)

Undue or unnecessary hardship placed upon the property owner;

(2)

The extent to which the current regulations would hinder to complete development;

(3)

Extent to which the property can be made to conform with current regulations; and

(4)

Conformance with the general spirit and intent of this chapter and the city's land development code.

(d)

Nothing in this section shall be construed to exempt development from the provisions of this chapter or the city's land development code except to the extent that the construction or development is expressly shown on the approved final plat or site plan. For example, the right to complete a building in accordance with previously-approved site plans shall not include the right to make other site improvements in accordance with such plan unless such improvements were expressly shown on the plans and cannot, as shown, be revised to conform to the provisions of the zoning regulations as amended.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

It is the city's intention that the sections, subsections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any section, subsection, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, the unconstitutionality or invalidity shall not affect any of the remaining sections, subsections, paragraphs, sentences, clauses or phrases of this chapter.

(Ord. No. 2195, § 2, 1-16-06)

A combined planning and zoning board is hereby created for the city to carry out the duties of a plan commission and zoning board of appeals. Any ordinance, code or regulation of the city or state statutes that reference the plan commission and/or zoning board of appeals shall mean the combined planning and zoning board.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

The matters formerly governed by this section are now governed by section 54-27.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06; Ord. No. 2547, § 2, 9-4-12)

The matters formerly governed by this section are now governed by section 54-28.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06; Ord. No. 2547, § 2, 9-4-12)

The matters formerly governed by this section are now governed by section 54-29.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06; Ord. No. 2547, § 2, 9-4-12)

The combined planning and zoning board shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, variance, order or decision of the board shall be filed immediately in the board's office, and shall be a public record.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

No structure or land shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with these regulations.

(Ord. No. 2195, § 2, 1-16-06)

A pre-application conference with the administrative official or his designee shall be required prior to submission of any application for a rezoning, special use permit, site plan, variance or preliminary plat. The purpose of this conference is to:

(1)

Acquaint the applicant with the procedural requirements of this chapter;

(2)

Provide for an exchange of information regarding applicant's proposed development and the regulations, restrictions and requirements of this chapter, the comprehensive plan and other development requirements;

(3)

Advise the applicant of any technical studies or public sources of information that may aid the application;

(4)

Identify policies and regulations that create opportunities or pose significant restraints for the proposed development;

(5)

Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences;

(6)

Review whether the application is compatible with adjacent proposed or existing development.

(Ord. No. 2195, § 2, 1-16-06)

Unless otherwise indicated in this chapter or by the administrative official, all applications shall contain or be accompanied by the following items and materials:

(1)

Date prepared;

(2)

Name, address and telephone number of the applicant and the name, address and telephone number of the landowner if different than the applicant;

(3)

Affidavit or other proof of ownership;

(4)

Name, address and telephone number of all persons preparing any technical studies, maps, drawings and documents submitted with the application;

(5)

Accurate legal description of the property for which the application is submitted;

(6)

Any technical studies that may be required by the administrative official pursuant to this section;

(7)

Statement regarding adequate public facilities and services for the proposed development; and

(8)

Small key map with north arrow indicating the location of the property within the city.

(Ord. No. 2195, § 2, 1-16-06)

The administrative official, combined planning and zoning board or city council may require applicants to submit any technical studies deemed necessary to enable the appropriated person or entity to fully evaluate the application. Examples of technical studies that may be required shall include, but not limited to traffic studies, engineering studies, geologic or hydrologic studies, flood studies, environmental impact assessments, noise studies, or surface water management. The persons or firms preparing the studies shall be approved by the administrative official. The costs of all studies shall be the responsibility of the applicant.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

No application shall be deemed complete until all items required to be submitted by this chapter have been submitted. Upon receipt of a complete application, the department shall note the filing date on the application and shall make a permanent record thereof. If the applicant fails to submit required elements, the application will not be considered complete, the application shall not be processed, and the filing, notification and advertising process established by this chapter will not begin until all required elements have been submitted in the form required by this chapter.

(Ord. No. 2195, § 2, 1-16-06)

The City of Highland recognizes that the very nature of land development creates potential for traffic congestion, overcrowding, adverse visual environmental impacts, and health problems. The city seeks to ensure that any location that must accommodate intense urban use shall be subject to site plan review by the combined planning and zoning board. Site plan reviews shall help ensure portions thereof, are fully complied with. The site plan review regulates the development of structures and sites in a manner that considers the following concerns:

(1)

The balancing of landowners' rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, stormwater runoff, etc.);

(2)

The convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads;

(3)

The protection of historic and natural environmental features on the site under review, and in adjacent areas; and

(4)

The stability of the built environment-particularly neighborhoods- by promoting urban development that is compatible with clearly identified natural resources.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

The combined planning and zoning board may waive the site plan review requirements and procedures. All single-family dwellings and non-residential structures or additions less than 2,500 square feet are excluded from the site plan review requirements. The following developments shall be subject to the site plan review requirements contained herein:

(1)

All new uses or changes in use in the city's "C-1" neighborhood commercial district shall require site plan review.

(2)

All non-residential structures or additions over 2,500 square feet.

(3)

All redevelopments in which 50 percent or more of the structure is altered shall also be subject to the site plan review procedures.

Building permits shall not be issued for any use of land or proposed construction on a lot in the zoning districts in which site plan review is applicable, unless site plan review approval has been granted by the administrative official.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

(a)

Pre-application conference. Prior to application, a pre-application conference shall be held pursuant to section 90-57.

(b)

Staff review. Following application submittal, site plan reviews shall be performed by the zoning administrator or his or her designated appointee(s), and all other department heads and agencies having jurisdiction over the development site.

(1)

The site plan review will verify that that the site plan complies with the following:

a.

All underlying zoning district requirements within which the site is located are adhered to, either outright or as a result of a previously approved zoning variance;

b.

Any required special use permit has been approved and any special use permit conditions have been met or will be met (per chapter 90, division 5) and shown on the site plan;

c.

All site plan submission requirements per section 90-64 have been met or will be met as shown on the site plan;

d.

All site plan development standards per section 90-65 have been met or will be met as shown on the site plan; and

e.

An assessment as to whether the site plan meets the following standards:

(i)

The extent to which the proposal conforms to this chapter and the city's comprehensive plan;

(ii)

The extent to which the development would be compatible with the surrounding area;

(iii)

The extent to which the proposal conforms to the provisions of the city's land development code;

(iv)

The extent to which the proposal conforms to customary engineering standards used in the city; and

(v)

The extent to which the location of streets, paths, walkways, and driveways are located so as to enhance the safety and minimize any adverse traffic impact on the surrounding area.

(2)

Within ten business days of the site plan application submittal, the zoning administrator or designee shall provide the applicant or his or her representative with a written list of comments, corrections, or deficiencies identified on the site plan.

(3)

The applicant may take any time necessary to address any comments, corrections, or deficiencies on the site plan. However, no building permit shall be issued until a revised plan has been submitted and reviewed for compliance with this section by the zoning administrator.

(4)

Upon resubmittal, the corrected site plan shall be accompanied by a written response to all zoning administrator comments. Any instance where the applicant disagrees with or is otherwise unable to adhere to a correction or deficiency on the site plan shall be identified and explained in writing as to why it cannot be met.

(5)

If the zoning administrator determines that all comments, corrections, or deficiencies are addressed, the site plan shall be approved and be deemed eligible to apply for a building permit.

(c)

Appeals.

(1)

If the zoning administrator determines that comments, corrections, or deficiencies remain on the resubmittal, the following shall occur:

a.

The applicant and zoning administrator shall have an opportunity meet to discuss any correction or deficiency and make changes to the site plan as mutually agreed to be satisfactory and appropriate.

b.

If mutual agreement cannot be reached between the applicant and the zoning administrator, the zoning administrator shall provide a written decision to the applicant as to why the site plan cannot be approved as submitted within five business days.

c.

In such case that the applicant alleges that there is an error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of the city's regulations or interpretation of the city's comprehensive plan, the applicant may appeal a site plan determination to the city manager or his/her designee for consideration of approval. The request for review by the city manager or designee shall be accompanied by a complete description of the error(s) alleged.

d.

Appeals must be filed by the applicant within ten business days following the zoning administrator's written decision, be in writing, and filed with the administrative official. The protest shall specifically state how the application, as initially filed, or subsequently modified, fails to meet the criteria set forth in the regulations. The city manager or designee may affirm, reverse, modify, in whole or in part, any determination of the zoning administrator. Such action shall be taken within 30 days from receipt of said appeal.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06; Ord. No. 2960, § 5, 9-16-19)

The site plan shall include the items listed in section 90-58 and the following data, details, and supporting plans which are found relevant to the proposal. The applicant shall make notations explaining the reasons for any omissions.

(1)

Site plans shall be prepared by a registered professional engineer, architect, land surveyor or landscape architect, scaled and on standard 24" × 36" sheets. An electronic version, compatible with the city's latest version of CADD, shall also be provided.

(2)

Items required for submission include:

a.

Name of the project, address, boundaries, date, north arrow and scale of the plan.

b.

Name and address of the owner of record, developer, and seal of the engineer, architect or landscape architect.

c.

Name and address of all owners of record of abutting parcels.

d.

A survey of the site sealed by certified surveyor registered in the State of Illinois showing the existing lot lines, easements, and rights-of-way and including the area in acres or square feet of the project site and all abutting lots.

e.

The location and use of all existing and proposed structures within the development. Include all dimensions of height and floor area, and show all exterior entrances and all anticipated future additions and alterations.

f.

The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs and fences. Location, type, and screening details for all waste disposal containers shall also be shown.

g.

Location, height, intensity (measured in foot-candles), and bulb type (e.g., fluorescent, sodium, incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.

h.

The location, height, size, materials, and design of all proposed signage.

i.

A table containing the following information must be included:

1.

Area of structure to be used for a particular use, such as retail operation, office, storage, etc.;

2.

Maximum number of employees;

3.

Maximum seating capacity, where applicable; and

4.

Number of parking spaces existing and required for the intended use.

j.

Architectural elevations of all building faces drawn to scale depicting the design, scale, color and description and location of the proposed exterior building materials.

k.

A landscape plan, pursuant to article IX, showing the location of the existing and proposed vegetation and a table listing the quantity, type and caliper/dimension of all plantings.

l.

The location of all present and proposed utility systems including:

1.

Sewerage system;

2.

Water supply system;

3.

Gas supply system;

4.

Telephone, cable and electrical systems; and

5.

Storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, end walls, hydrants, manholes, and drainage swells.

m.

Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other properties, as applicable.

n.

Existing and proposed topography shown at not more than five-foot contour intervals. All elevations shall refer to the United States Geodetic Survey (USGS) datum. If any portion of the parcel is within the 100-year floodplain, the area shall be shown, with base flood elevations; and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements.

o.

Zoning district boundaries and classifications adjacent to the site's perimeter shall be drawn and identified on the plan.

p.

Traffic flow patterns shown within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site. The Public Works Director may require a detailed traffic study for mixed use and multi-tenant developments, or for developments in heavy traffic areas which shall include, but not limited to:

1.

The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

2.

The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; and

3.

The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels, as well as road capacity levels, shall also be given.

q.

Covenants, trust indentures and/or deed restrictions clearly defining the installation and maintenance of any shared open spaces, common areas, detention/retention areas and other requirements beyond those provided herein.

(Ord. No. 2195, § 2, 1-16-06)

All development requiring site plan review shall comply with the following minimum standards:

(1)

All electrical and mechanical equipment located adjacent to the building and visible from any adjacent public thoroughfare or a residentially zoned area shall be screened from view (100 percent opacity). Such screens and enclosures shall be treated as integral elements of the building's appearance. Gas and electric meters located near vehicular use areas shall be protected by ballads or other means as approved by the city.

(2)

All telephone and cable television lines, electrical services and distribution lines shall be placed underground, except that this provision shall not include meters, electric and telephone service pedestals, transformers, three-phase feeder lines, subtransmission and transmission lines, electrical substations and such other facilities as the utility may deem necessary to install utilizing "overhead" type construction.

(3)

Pedestrian access shall be an integral part of the overall design of each multi-family, commercial, office/institutional and industrial development. The pedestrian access should provide not only safe and convenient access to and from off-street parking areas but should also connect with abutting properties and developments so as to create an alternative means of transportation for residents of the city.

a.

Sidewalks at least five feet in width shall be provided along all sides of a lot that abut a dedicated public or private street.

b.

Sidewalks shall be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting a public parking area. Such sidewalks shall be located at least five feet away from the building facade. This area between the building and sidewalk shall contain landscaping and other site amenities complementary to the building and site design.

c.

The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of existing development in the immediate area.

(4)

Architectural design should create visual interest through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely blank, is discouraged.

(5)

Building facades that are 100 feet or greater in length shall incorporate recesses and projections along at least 20 percent of the length of the building facade.

(6)

Shared access, parking and/or cross access agreements are encouraged and shall be in place with neighboring uses or properties prior to authorization of any occupancy permits.

(7)

Loading docks, trash enclosures, outdoor storage and similar facilities and functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are reduced to as great an extent as possible and are out of view from adjacent properties and public street.

(8)

All buildings which lie in whole or in part, within 150 feet of a major road or highway, including but not limited to US Route 40, Highway 143, Highway 160 and Broadway, shall comply with the "Standards for Buildings on Major Roads" found in article IV, section 90-205.

(9)

All new construction and building renovations within the city's central business district shall comply with the requirements of Article VII "Central Business District Design Standards".

(Ord. No. 2195, § 2, 1-16-06)

(a)

No building permit shall be issued by the administrative official except in conformity with the sections of this chapter or upon written order from the combined planning and zoning board of appeals for variance.

(b)

Building permits issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and any other use, arrangement or construction of buildings and structures shall be deemed a violation of this chapter.

(c)

The initial building permit shall be valid for one year, or until revoked for failure to abide by a corrective action code. The administrator may renew initial building permits for successive one-year periods upon written request, provided the applicant is making a good-faith effort to complete the authorized work.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

For this chapter, the following schedule of nonrefundable fees is adopted. The applicant is to pay the fees when the applicant submits or files the application; provided, however, that no fee shall be required for an application by the administrative official, the combined planning and zoning board, or the city council. Reviews may be conducted by the City or by a contracted third party at the discretion of the City.

(1)

Zoning Verification Letter .....$100.00

(2)

Appeal to Combined Planning and Zoning Board .....$150.00

(3)

Appeal to the City Manager or his/her designee .....$50.00

(4)

Variance .....$250.00

(5)

Zoning District Map Amendment .....$250.00

(6)

Zoning Text Amendment .....$250.00

(7)

Special Use Permit .....$250.00

(8)

Site Plan Review .....$500.00

(9)

Corner Fence Review/Through Lot .....$50.00

(10)

Preliminary Plans — Planned Unit Developments .....

a.

Less than two acres .....$250.00

b.

Two acres to 15 acres .....$300.00

c.

16 acres to 25 acres .....$400.00

d.

More than 25 acres .....$500.00

(11)

Sign Permit .....$100.00

(12)

Re-Reviews .....

a.

First Re-Review .....$200.00

b.

Subsequent Re-Reviews .....$50/hour if review is conducted by the City, or the full cost of the re-review if conducted by a third-party reviewer

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06; Ord. No. 2279, Exh. A, 12-17-07; Ord. No. 2551, § 2, 9-17-12; Ord. No. 2992, § 3, 1-6-20; Ord. No. 2999, § 3, 2-3-20; Ord. No. 3182, § 2, 4-18-22)

This section sets forth regulations regarding certain activities as being accessory to the main use of the premises. An activity will be considered an accessory use or accessory structure when it is commonly associated with, integrally related to and a customarily incidental part of the main use of the property. Accessory uses shall be permitted only in the districts as set forth in Table 3.1.

(Ord. No. 2195, § 2, 1-16-06)

Accessory uses not enumerated in Table 3.1 or in the zoning district regulations may be permitted as an accessory use only if the use clearly satisfies the criteria contained in the definition of accessory use and the criteria contained in this section. All accessory uses that do not clearly satisfy these requirements shall be permitted only by special use permit.

(Ord. No. 2195, § 2, 1-16-06)

Intent: Building additions or improvements are to be attached to the principal building in a manner consistent with the zoning provision of this chapter and the Building Regulations (chapter 18). When not so attached, buildings or uses shall be deemed either accessory structures or accessory uses and be in compliance with the requirements of this section.

(a)

Accessory structures.

(1)

No accessory structure shall be constructed upon a lot until the construction of the principal building has been commenced.

(2)

No accessory structure shall be used unless the principal building is also used, provided nothing in this section shall be construed to prevent the use of a temporary structure for the purpose of storing tools, materials, and equipment during construction of the principal building.

(3)

No accessory structure shall be erected in any required yard except as provided in this chapter.

(4)

An accessory structure shall be subordinate in area, extent of use, and fair market value to its principal building or structure.

(5)

No accessory structure shall:

a.

Be built closer than ten feet from the principal building, nor closer than five feet from any other building on the lot.

b.

Occupy a required front yard setback or be placed between the front of the principal building and the front lot line.

c.

Be built closer than five feet to the rear property line.

d.

Be built closer than five feet to the side property line for interior lots.

e.

Be built in a manner inconsistent with:

(i)

Section 90-9 requiring corner or through lots to meet the front setback requirements of the zoning district in which it is located on every side having frontage; and

(ii)

Sight distance triangle requirements as defined in section 90-15.

f.

Encroach into any easement.

g.

Be used as a residential dwelling except as provided in section 90-207 (Guesthouse).

h.

Be rented or occupied for financial consideration.

i.

Be used by anyone other than the property owner or tenant of the premises.

j.

With the exception of alleys, be closer than 25 feet to any public right-of-way.

(b)

Accessory uses.

(1)

In the R-1-A, R-1-B, R-1-C, R-1-D, R-2-A, R-2-B and R-3 districts, no accessory use including, but not limited to accessory uses without roofs such as patios, solar panels, water fountains, and swimming pools, shall be located within five feet from any interior, side or rear property line.

(2)

In the C-1, C-2, C-3, C-4 and I districts, accessory uses may be zero feet from any interior, side or rear property line unless the lot abuts a residential dwelling or a lot zoned for residential purposes, in which case a setback of five feet shall apply.

(3)

For the storage of boats, personal watercrafts, motorcycles, recreational vehicles, trailers, and appurtenant parking areas, a minimum three foot setback from any side or rear lot line shall be required per section 90-228 Parking and Storage of Vehicles. For interior lots, driveways shall be at least three feet from side property lines. For fences, see section 90-208 Fences and Walls.

(4)

For corner and through lots, no accessory use other than driveways shall be closer than 25 feet to any public right-of-way, except public alleys.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2922, § 3, 3-18-19; Ord. No. 2942, § 5, 6-17-19)

(a)

No single detached building, structure or use accessory to any residential use shall occupy more than ten percent of the total area of the zoning lot. This includes, but is not limited to driveways, patios, decks, pools and detached garages.

(b)

A detached garage shall have a gross floor area of no more than the floor area of the principal structure.

(c)

No structure used for storage, other than automobile storage, that is accessory to a residential building, shall exceed 400 square feet in gross floor area, unless permitted by a special use permit. The use shall be in keeping with the design of the principal structure, and no part of such structure shall be located in the front yard setback.

(d)

No more than one storage building, excluded a detached garaged used for automobile storage, shall be permitted per dwelling in the city's single-family and two-family zoning districts.

(e)

No detached accessory structure shall exceed 25 feet in height.

(Ord. No. 2195, § 2, 1-16-06)

This chapter divides this city into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such special uses require careful case-by-case review, and may be allowed only by permission of the council. Any proposal to construct a non-residential structure greater than 2,500 square feet shall comply with the site plan review procedures contained in article II, division 3.

(Ord. No. 2195, § 2, 1-16-06)

A landowner shall obtain a special use permit prior to the issuance of a building permit:

(1)

For any use listed as a "special use" in Table 3.1; and

(2)

For any use otherwise requiring a special use permit by this chapter.

(Ord. No. 2195, § 2, 1-16-06)

(a)

Every applicant for a special use permit under this chapter shall submit to the administrative official a special use permit application provided by the city along with the following items of information:

(1)

Name and address of the applicant.

(2)

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

(3)

Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters.

(4)

Location of the proposed use or structure, and its relationship to existing adjacent uses or structures.

(5)

Area and dimensions of the site for the proposed structure or uses.

(6)

Existing and proposed screening, landscaping and erosion-control features on the site, including the parking area.

(7)

Height and setbacks of the proposed structure.

(8)

Number and size of proposed dwelling units, if any.

(9)

Location and number of proposed parking/loading spaces and accessways.

(10)

Any other pertinent information that the administrator may require.

(11)

Check payable to the city for any application or review fees pursuant to section 90-67.

(Ord. No. 2195, § 2, 1-16-06)

The combined planning and zoning board shall hold a public hearing on every special use permit proposal within a reasonable time after the proposal has been submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and the place of the hearing, and the nature of the proposed amendment, shall be given not more than 30 days nor less than 15 days before the hearing by:

(1)

First class mail to all parties whose property would be directly affected by the proposed amendment; and

(2)

Publication in a newspaper of general circulation within this city.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

The administrator shall prepare an advisory report on every request for a special use permit and present said report to the combined planning and zoning board at the next regular combined planning and zoning board meeting. Within a reasonable time after the public hearing, the combined planning and zoning board shall submit its advisory report on the special use permit required under this division to the council. In deciding what their advice should be, the combined planning and zoning board shall review the application for the following factors:

(1)

Whether the proposed amendment or special use is consistent with the city's comprehensive plan;

(2)

The effect the proposed amendment or special use would have on public utilities and on traffic circulation;

(3)

Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;

(4)

The effect the proposed special use would have on the value of neighboring property and on this city's overall tax base;

(5)

The effect the proposed special use would have on public utilities; and

(6)

Whether there are any facilities near the proposed special use, such as schools or hospitals that require special protection.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

Editor's note— Ord. No. 2217, Exh. A, adopted Sept. 18, 2006, repealed § 90-80, which pertained to zoning board of appeals review of special use permits and derived from Ord. No. 2195, § 2, adopted Jan. 16, 2006.

The city council shall act on every request for a special use permit at their next regularly scheduled meeting following submission of the combined planning and zoning board's advisory report. Without further public hearing, the council may grant a special use permit by an ordinance passed by simple majority vote of all members. In a separate statement accompanying any such ordinance, the Council shall state their findings of fact, and indicate their reasons for approving, with or without condition, or denying the request for a special use permit.

(Ord. No. 2195, § 2, 1-16-06)

The council may amend this chapter in accordance with Illinois State Statute (65 ILCS 5/11-13-14) and sections 90-82—90-89. Proposed alterations of district boundaries, or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. The council, the administrator, the combined planning and zoning board or any interested party, may propose amendments.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

Every proposed to amend this chapter shall be filed with the administrator on forms provided by the city along with the appropriate fees pursuant to section 90-67, "Fee Schedule". Every amendment proposal shall also be filed with the soil and water conservation district, as per Illinois State Statutes (70 ILCS 405/22.02a).

(Ord. No. 2195, § 2, 1-16-06)

When the administrative official receives an application for a zoning amendment or zoning text amendment, the administrator shall forward a copy to the combined planning and zoning board. The combined planning and zoning board shall hold a public hearing on every zoning amendment proposal within a reasonable time after the proposal has been submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and the place of the hearing, and the nature of the proposed amendment, shall be given not more than 30 nor less than 15 days before the hearing by:

(1)

First class mail to all parties whose property would be directly affected by the proposed amendment, provided by the applicant; and

(2)

Publication in a newspaper of general circulation within this city.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

When the administrative official receives an application for a zoning text amendment, the administrator shall forward a copy to the combined planning and zoning board. At the next regular combined planning and zoning board meeting, the combined planning and zoning board shall submit their advisory report to the council. The report shall state their recommendations regarding adoption of the proposed zoning text amendment, and their reasons therefor. The combined planning and zoning board shall include in their advisory report findings of fact concerning each of the following matters:

(1)

Whether the proposed amendment is consistent with the city's comprehensive plan and this chapter;

(2)

Whether the proposed amendment is made necessary because of changed or changing conditions in the physical areas and zoning districts affected or in the political jurisdiction(s) of such changed and changing conditions;

(3)

The effect the proposed zoning text amendment would have on public utilities, other needed public services and traffic circulation; and

(4)

Whether the proposed zoning test amendment promotes the health, safety, quality of life, comfort and general welfare of the city.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

Editor's note— Ord. No. 2217, Exh. A, Sept. 18, 2006, repealed § 90-86, which pertained to zoning board of appeals review of zoning amendments and derived from Ord. No. 2195, § 2, adopted Jan. 16, 2006.

Editor's note— Ord. No. 2217, Exh. A, Sept. 18, 2006, repealed § 90-87, which pertained to public hearing and notice requirements for zoning amendments and derived from Ord. No. 2195, § 2, adopted Jan. 16, 2006.

Within a reasonable time after the public hearing on a zoning amendment the combined planning and zoning board shall submit their advisory report to the council. The report shall state their recommendations regarding adoption of the proposed amendment, and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the combined planning and zoning board shall include in their advisory report findings of fact concerning each of the following matters:

(1)

Existing use and zoning of the property in question;

(2)

Existing use and zoning of other lots in the vicinity of the property in question;

(3)

The extent to which the zoning amendment may detrimentally affect nearby property;

(4)

Suitability of the property in question for uses already permitted under existing requirements;

(5)

Suitability of the property in question for the proposed uses;

(6)

The type, density and character of development in the vicinity of the property in question, including changes, if any, which may have occurred since the property was initially zoned or last rezoned;

(7)

The effect the proposed rezoning would have on implementation of this city's comprehensive plan;

(8)

The effect the proposed use would have on public utilities, other needed public services and traffic circulation on nearby streets; and

(9)

Whether the proposed amendment promotes the health, safety, quality of life, comfort and general welfare of the city;

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

(a)

The council shall act on every proposed zoning amendment at their next regularly scheduled meeting following submission of the combined planning and zoning board's advisory report. Without further public hearing, the council may pass any proposed amendment, or may refer it back to the combined planning and zoning board for further consideration, by simple majority vote of all the members then holding office.

(b)

The council may place stipulations on any map amendment to address concerns substantially related to the health, safety, quality of life, comfort and general welfare of the city and its citizens.

(c)

The favorable vote of at least two-thirds of all the members of the council is required to pass an amendment to this chapter when the proposed amendment is opposed, in writing, by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered. (See 65 ILCS 5/11-13-14.)

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06; Ord. No. 2253, § 2, 6-18-07)

A variance is a relaxation of the requirements of this chapter that are applicable to a particular lot, structure or use. A "use variance," which would allow a use that is neither permitted nor special in the district in question, is not a variance, it is an amendment, and may be granted only as provided for in sections 90-82 through 90-89. Any proposal to construct a non-residential structure greater than 2,500 square feet shall comply with the site plan review procedures contained in article II, division 3.

(Ord. No. 2195, § 2, 1-16-06)

Every application for a variance to this chapter shall be filed with the administrative official on forms provided by the city along with the appropriate fees pursuant to section 90-67, "Fee Schedule". Every variance application shall also be filed with the soil and water conservation district, as per Illinois State Statute (70 ILCS 405/22.02a). The administrator shall promptly transmit the application, together with any advice he might wish to offer, to the combined planning and zoning board. The application shall contain sufficient information to allow the board to make an informed decision, and shall include, at a minimum, the following:

(1)

Name and address of the applicant and a listing of the name and address of the owners of all property located within 250 feet of the boundaries of the property included in the application;

(2)

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

(3)

Relationship of the structure/use to existing structures/uses on adjacent lots;

(4)

Specific section of this chapter containing the requirements which, if strictly applied, would cause a serious problem; and

(5)

Any other pertinent information that the administrator may require.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

The combined planning and zoning board shall hold a public hearing on each zoning variance request within a reasonable time after the variance application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed variance, shall be given not more than 30 nor less than 15 days before the hearing by:

(1)

First class mail to the applicant, and to all parties whose property would be directly affected by the proposed variance; and

(2)

Publication in a newspaper of general circulation within this city.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

The combined planning and zoning board shall not grant any zoning variance unless, based upon the evidence presented to them, they determine that:

(1)

The applicant acquired his property in good faith and where by reason of exceptional narrowness, shallowness or shape of his specific piece of property at the time of the effective date of this code, or where by reasons of exceptional topographical conditions or other extraordinary circumstances, that the strict application of the terms of the zoning regulations actually prohibit the use of this property in the manner similar to that of other property in the zoning district where it is located;

(2)

The proposed variance is consistent with the general purpose of this chapter, section 90-1;

(3)

Strict application of this chapter of which the variance is requested would constitute unnecessary hardship upon the property owner represented in the application;

(4)

The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship and allow a reasonable return on the property;

(5)

The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zoning district and is not created by an action or actions of the property owner or applicant;

(6)

The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and

(7)

The variance, if granted, will not alter the essential character of the area where the premises in question are located, nor materially frustrate implementation of this city's comprehensive plan.

In granting a variance, the board may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

The combined planning and zoning board shall render a decision on every zoning variance request within a reasonable time after the public hearing. In accordance with Illinois State Statute (65 ILCS 5/11-13-11), the combined planning and zoning board shall specify the terms of relief granted, if any, in one statement, and their findings of fact in another statement. The findings of fact shall clearly indicate the board's reasons for granting or denying any requested variance.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

Any person aggrieved by any decision or order of the administrative official or city council in any matter related to the interpretation or enforcement of any section of this chapter may appeal to the combined planning and zoning board. Every such appeal shall be made and treated in accordance with Illinois State Statute (65 ILCS 5/11-13-12) and this division.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

Every appeal under this chapter shall be made within 15 days of the matter complained of by filing with the administrator and the combined planning and zoning board a written notice specifying the grounds for appeal. Every appeal shall also be filed with the soil and water conservation district as per Illinois State Statute (70 ILCS 405/22.02a). Not more than five working days after the notice of appeal has been filed, the administrator shall transmit to the combined planning and zoning board all records pertinent to the case.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

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

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

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

(1)

First class mail to all parties directly affected by the appeal; and

(2)

Publication in a newspaper of general circulation within this city.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)

The combined planning and zoning board shall render a decision on the appeal under this chapter within a reasonable time after the hearing. The board may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate. In so doing, the combined planning and zoning board has all the powers of the administrator.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2217, Exh. A, 9-18-06)