The building official of the city is designated as the zoning administrator of the city to be responsible for enforcing this title. Said building official shall have the power and shall see that the provisions of this title are properly enforced. (1996 Code app. A § 14.1; amd. 2010 Code)

   A.   Building Permit 1 :

      1.   Permit And Compliance Required: No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the building official stating that the building or structure and use of land comply with the regulations of this title and all building and health laws and ordinances of the city. (1996 Code app. A § 14.2-1; amd. 2010 Code)

      2.   Plat Required: All applications for building permits shall be accompanied by a plat in duplicate drawn to scale showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and such other information as may be necessary to provide for the enforcement of these regulations. (1996 Code app. A § 14.2-1)

      3.   Records Kept: A careful record of such applications and plats shall be kept in the office of the building official. (1996 Code app. A § 14.2-1; amd. 2010 Code)

   B.   Zoning Permit:

      1.   Permit Required: No lot or structure or part thereof that has been created, developed, erected, enlarged. altered, relocated, or reconstructed in the city and within one and one-half (11/2) miles of the city shall be used or occupied until a zoning permit has been issued. (Ord. 1394, 1-21-2003)

      2.   Compliance With Provisions: The building official shall issue no zoning permit unless he determines, by inspection, that the lot or structure, as completed, and the proposed use thereof, conforms to all applicable provisions of this title. The cost of said permit shall be twenty five dollars ($25.00). (Ord. 1394, 1-21-2003; amd. 2010 Code)

   C.   State Permit For Private Sewage Disposal: No permit under this section shall be issued unless the application for the permit is accompanied by a permit from the Illinois department of public health or Jersey County health department for a private sewage and wastewater disposal system issued to the applicant. (Ord. 1227, 5-5-1998)

   A.   Certificate Required: No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of occupancy has been issued by the building official.

   B.   Compliance With Provisions: The certificate of occupancy shall be issued only after the building official makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this title and other health and building laws and in accordance with a building permit.

   C.   Records Kept: A record of all certificates shall be kept on file in the office of the building official, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. (1996 Code app. A § 14.2-2; amd. 2010 Code)

   A.   Authority To Petition; Fee: The city council, the planning and zoning board and other governmental bodies and any private petitioner may apply for an amendment to the text of this title and/or the accompanying zoning map made a part of this title. Any petition for an amendment by a private party shall be accompanied by a filing fee as established by the city council, which fee shall be deposited with the city clerk at the time of the filing of the petition, and no part shall be returnable to the petitioner. (1996 Code app. A § 15.1-1; amd. 2010 Code)

   B.   Contents Of Petition: The petition may be filed by the owner(s) or a prospective buyer(s), or their legal representative. The following will be required in the petition:

      1.   Complete name and address of all owners of the subject real estate, and if filed by a prospective buyer, the complete names and addresses of all prospective buyers.

      2.   Current zoning classification of subject real estate.

      3.   Intended zoning classifications sought by the petition.

      4.   Current use of subject real estate.

      5.   Intended use of subject real estate after amendment.

      6.   Approximate dimensions of the subject real estate.

      7.   Exact legal description of the subject real estate.

      8.   Street address of property.

      9.   A drawing of the property showing dimensions of the subject real estate, the boundary lines of adjoining properties labeled with the adjoining owners' names, the location of current improvements, if any, on the subject real estate, and showing the approximate location and dimensions of the improvement intended to be placed on the subject real estate in the event the amendment sought is approved. The drawing need not be exact or drawn to scale nor is it meant to require a certified survey.

      10.   If the improvement to be constructed is a new building or the exterior of an existing structure is to be changed, a picture, photograph, or drawing of the elevation of the proposed new improvement or similar structure.

      11.   Names and addresses of the owners of record of the real estate that adjoins or touches the subject real estate. For the purpose of determining whether a property adjoins or touches the subject real estate, alleys and streets are excluded. (1996 Code app. A § 15.1-2; amd. 2010 Code)

   C.   Letters Of Consent: Petitioner may obtain written letters of consent to the proposed amendment from adjoining or touching property owners and present same at the meeting where the petition is considered. (1996 Code app. A § 15.1-4; amd. 2010 Code)

   D.   Notice Of Amendment; Hearing:

      1.   The regulations imposed and the zoning districts created under this title may be amended by ordinance, but no such amendment shall be made by the city council without public notice and without a public hearing before the planning and zoning board of the city. The planning and zoning board shall hold the public hearing and forward its recommendations to the city council unless it is withdrawn by the petitioner. (1996 Code app. A § 15.2; amd. 2010 Code)

      2.   The petitioner is responsible to publish notice of the public hearing on the petition in the following manner:

         a.   By publishing notice of the time and place of such hearing in a newspaper of general circulation in the city at least fifteen (15) days prior to the date of the hearing.

         b.   Said notice by publication shall contain the legal description as well as common street address for which the amendment is requested, the current zoning classification, and the proposed amended zoning classification.

         c.   Petitioner or petitioner's agent shall contact all owners of adjoining or touching property and present them with copies of the petition, a written notice of the time, place and date of the meeting to consider the petition, and a copy of this section. Such contact can be made by mail or in person. All such contacts must be made at least fifteen (15) days prior to the hearing.

         d.   As used in this subsection D2, "days" is defined to mean calendar days.

         e.   Proof of publication and proof of notice to adjoining or touching property owners must be filed by affidavit of the petitioner or other legal representative, with the city clerk not less than seven (7) days prior to the date of the hearing.

         f.   Failure to abide by the notice dates provided herein will result in the petition not being heard at the intended meeting. (1996 Code app. A § 15.3; amd. 2010 Code)

   E.   Written Protest: In the event of written protest against the proposed amendment signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley or rear line therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered as to such regulations or zoning district, filed with the city clerk, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all of the members of the city council. However, all written protests or petitions of objection must be filed with the city clerk seven (7) days prior to the planning and zoning board meeting. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendments and a copy upon the applicant's attorney, if any, by certified mail, return receipt requested, at the address of such applicant and attorney shown in the application for the proposed amendment. Failure of any protestor or objector to file a written protest or objection in accordance with this subsection shall result in the protestor or objector not being heard at the hearing. (1996 Code app. A § 15.4; amd. 2010 Code)

   F.   Final Decision:

      1.   The city council, without further public hearing, may adopt or deny the report of the planning and zoning board for any proposed amendment, or may refer the petition back to the planning and zoning board for further consideration. (1996 Code app. A § 15.5)

      2.   Any proposed amendment which fails to receive the approval of a majority of the planning and zoning board members and is so reported, shall not be passed by the city council except by the favorable vote of two-thirds (2/3) of all the elected members of the city council. (1996 Code app. A § 15.5; amd. 2010 Code)

      3.   a. The owner of any proposed property being altered cannot create a buffer zone by only proposing to alter a portion of his property. For purposes of this subsection F3, a "buffer zone" is defined as less than a total lot.

         b.   In the event that the portion to be altered is not platted, then any portion that is not sought to be altered will be considered a buffer zone if the portion sought not to be altered is not of sufficient size to meet the current minimum standards for zoning classification of the unaltered property.

         c.   In the event that a buffer zone is deemed to have been created, then those property owners who would be lawful protesters were it not for the creation of said buffer zone shall be considered for all intents and purposes as lawful protesters. All frontage is to be that frontage which is adjacent to or opposite land owned by a person seeking zoning alterations, whether or not said property is to be rezoned. (1996 Code app. A § 15.5)

   G.   Time Limit For Refiling Petition: Once the final decision has been made by the city council to reject a petition for amendment for rezoning, another petition for amendment to rezone the same property for the same use cannot be made for a period of six (6) months. (1996 Code app. A § 15.6)

   H.   Reversion Of Zoning Amendment: Any zoning amendment made pursuant to this title and not utilized by the petitioner within six (6) months from the date said amendment was granted by the city council will be terminated, and the zoning will revert to its original classification. However, an extension of time may be granted if a written request is made to the city council prior to the expiration of the six (6) month period. (1996 Code app. A § 15.7; amd. 2010 Code)

   I.   Annexed Land 1 :

      1.   Land that is annexed to the city is annexed as R-1 one-family dwelling subject to the provisions of this subsection I1. The city adopted a comprehensive plan for development for one and one-half (11/2) miles outside its city limits on February 15, 2008. Any land annexed within the one and one-half (11/2) mile area will be annexed with the zoning classification established by the plan, if any. Any person seeking annexation may request in their petition for annexation a zoning classification other than R-1.

      2.   If a zoning classification other than R-1 is desired for any part of the land, the petition to annex must contain all information contained in subsection B of this section as applicable, and the petitioners must notify adjoining or touching property owners of their intent to seek a zoning classification other than R-1 at least fifteen (15) days prior to the city council meeting at which the petition will be heard. An affidavit of the petitioners or their legal representative that notice was sent by certified mail or hand delivered to the adjoining or touching property owners must be filed with the city clerk at least seven (7) days prior to the city council meeting. (1996 Code app. A § 15.8; amd. 2010 Code)

      3.   The city council shall have original jurisdiction of the matter with the authority to establish the requested zoning classification for the annexed property without the matter being considered by the planning and zoning board. Should the city deny the requested classification, those seeking annexation may withdraw their petition for annexation or allow the real estate to be annexed at an R-1 classification. If the real estate is annexed with the R-1 classification, the annexing property owners have the right to request a zoning classification amendment in the manner and form as set out herein. (1996 Code app. A § 15.8)

Fees pertaining to petitions for zoning amendments, zoning permits, use permits, special uses, variances and for appeals to the planning and zoning board shall be established by action of the city council from time to time. Such fees shall be paid to the city clerk, who shall give a receipt therefor and account for same at regular intervals to the city council. (1996 Code app. A § 17; amd. 2010 Code)

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this title shall be fined as provided in section 1-4-1 of this code. Each day that a violation is permitted to exist shall constitute a separate offense. (1996 Code app. A § 18; amd. 2010 Code)

There is hereby established a planning and zoning board pursuant to the authority of and for the purposes of administering the planning and zoning functions conferred upon the city by divisions 12 and 13 of the Illinois municipal code. Said planning and zoning board shall consist of seven (7) members appointed by the mayor of the city and confirmed by the city council. The members of the planning and zoning board shall serve respectively for the following terms: one for one year; one for two (2) years; one for three (3) years; one for four (4) years; one for five (5) years; one for six (6) years; and one for seven (7) years. The successor of each member so appointed shall serve for a term of five (5) years. (1996 Code app. A § 14.3-1; amd. 2010 Code)

Vacancies shall be filled by the mayor, subject to confirmation by the city council, for the unexpired terms. Members may be removed by the mayor for cause after written charges have been filed and after a public hearing has been held, if demanded by the member so charged. (1996 Code app. A § 14.3-1)

   A.   Chair: One of the members of the board shall be designated by the mayor, with the consent of the city council, as chair of said board and shall hold office as chair until a successor is appointed. The chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses. (1996 Code app. A § 14.3-1)

   B.   Clerk For Board: The city clerk shall act as clerk for the board and shall make and keep a record of all its meetings and official acts. If the city clerk is unable to attend a meeting, the deputy city clerk shall act in her place. (1996 Code app. A § 14.3-1; amd. 2010 Code)

   C.   Legal Representative: The city attorney shall act as attorney and legal representative for the board. (1996 Code app. A § 14.3-1)

   A.   Meetings: All meetings of the board shall be held according to a schedule published annually and at such other times as the board may determine, and all meetings of the board shall be open to the public.

   B.   Minutes:

      1.   The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

      2.   Findings of fact shall be included in the minutes on each case, and the reasons for granting or denying each application shall be specified.

      3.   Every rule, regulation and every order, requirement, decision or determination of the board shall be immediately filed in the office of the city clerk and shall be a public record.

      4.   The minutes of the board shall be open to public examination at reasonable hours. (1996 Code app. A § 14.3-2)

   C.   Rules Of Procedure: The board may adopt its own rules of procedure, a copy of which shall be filed in the office of the city clerk. (1996 Code app. A § 14.3-2; amd. 2010 Code)

The planning and zoning board, as herein created, is a body of limited powers.

   A.   Appeals:

      1.   The board shall hear and decide appeals from and review any order, requirement, decision or determination made by the building official charged with the enforcement of this title.

      2.   The board may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the board may decide to be fitting and proper in the premises, and to that end, the board shall also have all the powers of the officer from whom the appeal is taken.

   B.   Other Matters:

      1.   The board shall also hear and decide all matters referred to it or upon which it is required to pass under this title, or other titles of this code.

      2.   The board may prepare and recommend to the city council such changes to the official comprehensive plan or such specific improvements in furtherance of the official comprehensive plan, as it deems necessary or advisable.

   C.   Variances: When a property owner or his agent shows that a strict application of the terms of this title relating to the use, construction or alteration of buildings or structures or the use of land imposes upon him practical difficulties or particular hardship, then the board may authorize such variations of the strict application of the terms of this title as are in harmony with its general purpose and intent when the board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the provisions of this title or in the following instances:

      1.   To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record prior to the effective date hereof (February 3, 1959).

      2.   To permit a building to exceed the height limit by not more than ten percent (10%) of the height limit established by this title.

      3.   To permit the use of a lot less in area by not more than fifteen percent (15%) of the lot width as required by this title.

      4.   To permit the use of a lot less in width by not more than fifteen percent (15%) of the lot width as required by this title.

      5.   To interpret the provisions of this title where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which zoning map is made a part of this title.

      6.   To permit a CSES to reduce one, or more, yard or residential setback areas by up to 50 percent (50%) of the setback as required by this title.

   D.   Findings Of Fact: In considering all appeals and all proposed variations to this title, the board shall, before granting any variation from this title in a specific case, first determine and make a finding of fact that the proposed variation will not:

      1.   Impair an adequate supply of light and air to adjacent property.

      2.   Unreasonably increase the congestion in public streets.

      3.   Increase the danger of fire or endanger the public safety.

      4.   Unreasonably diminish or impair established property values within the surrounding area, or in any other respect, impair the public health, safety, comfort, morals and welfare of the inhabitants of the city.

   E.   Required Vote: The concurring vote of four (4) members of the board shall be necessary to reverse any order, reverse any decision of the building official or to decide in favor of the applicant any matter upon which it is authorized by this title to render decisions. (1996 Code app. A § 14.3-3; amd. Ord. 1376, 8-6-2022; 2010 Code; Ord. 1767, 6-15-2021)

   A.   City Council Action:

      1.   No variation in any specific case shall be made by the city council without a hearing by the planning and zoning board as required herein nor without a report thereof having been made by the board to the city council, and every such report shall be accompanied by a finding of fact specifying the reasons for the report. (1996 Code app. A § 14.3-4)

      2.   Upon the report of the planning and zoning board, the city council, without further public hearing, may adopt or deny any proposed variation or may refer the report back to the board for further consideration. Any proposed variation which fails to receive the approval of four (4) members of the planning and zoning board shall not be passed except by the favorable vote of two-thirds (2/3) of all the elected members of the city council. In making any variations, the city council shall be governed by the same considerations and restrictions as the variations in particular instances under section 11-3A-5 of this article. (1996 Code app. A § 14.3-4; amd. 2010 Code)

   B.   Time Constraints: No order for a variance permitting the use, erection or alteration of a building shall be valid for a period longer than six (6) months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the use, erection or alteration of a building, such order shall continue in force and effect if a building permit for said use, erection or alteration is obtained within such period, and such use, erection or alteration is started and proceeds to completion in accordance with the terms of such permit. (1996 Code app. A § 14.3-6; amd. 2010 Code)

Nothing herein contained shall be construed to give or grant to the planing and zoning board the power or authority to alter or change this title or any use district made a part of the zoning map, such power and authority being reserved to the city council, and the board shall not have any power or authority with respect to any alterations or change of this title except to make recommendations to the city council in such specific cases as may properly come before the planning and zoning board. (1996 Code app. A § 14.3-5)

   A.   Authority To Appeal: Any person aggrieved by a ruling of the building official charged with the enforcement of this title or by any other officer, department, board or bureau of the city concerning the interpretation of this title may take an appeal to the planning and zoning board.

   B.   Filing Appeal:

      1.   Said appeals shall be taken within forty five (45) days of the action complained of, and shall be taken by filing with the officer from whom the appeal is taken and the planning and zoning board a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary.

      2.   Such appeal shall be taken upon forms provided by the planning and zoning board.

      3.   The officer from whom the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed was taken. (1996 Code app. A § 14.4; amd. 2010 Code)

   C.   Stay Of Proceedings: The appeal shall stay all proceedings and furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the planning and zoning board, after notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the planning and zoning board or a circuit court on application, with notice to the officer from whom the appeal is taken, and all due causes shown.

   D.   Hearing: The planning and zoning board shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons appealing and to the officer from whom the appeal is taken. The board shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney. (1996 Code app. A § 14.5)

   E.   Judicial Review: All final administrative decisions of the board under this section shall be subject to judicial review pursuant to the provisions of the administrative review law of the state 1 , approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in section 3-101 of the administrative review law. (1996 Code app. A § 14.5; amd. 2010 Code)

Expenses incurred by the planning and zoning board are to be itemized and shall be borne by the city. (1996 Code app. A § 14.3-2)