(a)

Creation and membership. A zoning board of appeals is hereby created, such board to consist of seven members appointed by the mayor with the consent of the city council. The word "board," when used in this section, shall be construed to mean the zoning board of appeals. All members of the board shall be residents of the city. No voting member of the zoning board shall hold an elective office on the city council.

(b)

Terms; appointments; removal; vacancies. The members of the board shall serve for the following terms until their respective successors are appointed and qualified:

(1)

One for a term of one year.

(2)

One for a term of two years.

(3)

One for a term of three years.

(4)

One for a term of four years.

(5)

One for a term of five years.

(6)

One for a term of six years.

(7)

One for a term of seven years.

Thereafter, as their terms expire, each new appointment shall be for a term of five years. One of the members so appointed shall be designated by the mayor as chairperson and shall hold his/her office as such chairperson during this term of his/her appointment as a member of the board. The city council shall have the power to remove any member of the board for cause and after a public hearing. Vacancies upon the board shall be filled for the unexpired term of the member whose place has become vacant, in the manner provided in this section for the appointment of such members.

(c)

Meetings and rules. All meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. All hearings conducted by the board shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney. The chairperson, or in his/her absence, the acting chairperson, may administer oaths and request the attendance of witnesses. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall be filed immediately in the office of zoning and shall be a public record. The board shall adopt its own rules of procedure not in conflict with this chapter or with the applicable state statutes, a copy of which shall be filed in the office of zoning.

(d)

Offices. The city council shall provide suitable offices for the holding of hearings and the presentation of records, documents and accounts.

(e)

Appropriations. The city council shall appropriate funds to carry out the duties of the board, and the board shall have the authority to expend, under regular procedure, all sums appropriated to it for the purposes and activities authorized in this section.

(f)

Compensation. The members of the board shall be compensated as determined by the city council.

(g)

Jurisdiction. The board of appeals is hereby vested with the following jurisdiction and authority:

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the zoning officer under this chapter. 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 appeals are taken.

(2)

To hear and decide all matters referred to it or upon which it is required to pass under this chapter.

(3)

To hear and pass upon applications for special use permits and variations from a strict application of the terms of this chapter, in the manner and subject to the standards set out in this chapter.

(4)

No rehearing shall be held on a denied appeal or application for variation or special use permit for a period of 12 months from the date of the denial.

(h)

Decisions. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning officer or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render decisions. All final administrative decisions of the board of appeals shall be subject to judicial review pursuant to the provisions of 735 ILCS 5/3-101 et seq. and all amendments and modifications thereof, and the rules adopted pursuant thereto.

(i)

Additional powers and duties. The zoning board of appeals is hereby authorized to perform any and all duties and is delegated all powers heretofore granted and/or assigned to the planning commission, either by this Code or by state statute, including, but not limited to, the following:

(1)

To prepare and recommend to the corporate authorities a comprehensive plan of public improvements looking to the present and future development of the city.

(2)

If such plan shall be adopted by the corporate authorities, the zoning board of appeals may from time to time recommend changes thereof to the corporate authorities.

(3)

To include in the plan reasonable requirements with reference to streets, alleys, and public grounds in unsubdivided land situated within the limits of the city or in contiguous territory not more than one and one-half miles beyond the limits of the city and not included in any other municipality.

(4)

To prepare and recommend to the corporate authorities, from time to time, plans for specific improvements in pursuance of the official plan.

(5)

To give aid to the municipal officials charged with the direction of projects for improvements embraced within the official plan, to further the making of these projects and generally to promote the realization of the official plan.

(6)

To exercise such other powers, consistent with the powers hereinabove set forth, as may be conferred by the corporate authorities.

(j)

Subdivisions to comply with the comprehensive plan. After an official plan has been adopted in the manner prescribed in this article no map or plat of any subdivision presented for record, affecting land within the corporate limits of the city or within contiguous territory which is not more than one and one-half miles beyond the corporate limits of the city and not included in any municipality, shall be entitled to record or shall be valid unless the subdivision shown thereon provides for streets, alleys, public ways, ways for public service facilities, stormwater and floodwater runoff channels and basins, and public grounds in conformity with the applicable requirements of the official plan.

(Ord. No. 795, § 1500, 5-13-74; Ord. No. 2987-03, § 2, 4-28-03)

(a)

Scope of appeals. An appeal may be taken to the zoning board of appeals by any person, firm, corporation, or office, department, board, or bureau affected by a decision of the office of the zoning officer. Such appeal shall be taken within such time as shall be prescribed by the board by general rules adopted by it, and shall be taken by filing with the zoning officer a notice of appeal, specifying the ground thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the board. The zoning office shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed was taken.

(b)

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

(c)

Hearing of appeals. The 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. It 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 to testify.

(Ord. No. 795, § 1501, 5-13-74)

(a)

Creation. The office of zoning is hereby created and, under the direction of a zoning officer, shall have the responsibility of administering and enforcing the provisions of this chapter.

(b)

Powers and duties. The office of zoning shall enforce the provisions of this chapter, and in addition thereto and furtherance of such authority shall:

(1)

Examine and approve any application pertaining to the use of land, buildings, or structures to determine if the application conforms with the provisions of this chapter.

(2)

Issue all zoning certificates, and keep permanent records thereof.

(3)

Issue all certificates of zoning compliance and transmit permanent records thereof to the city clerk.

(4)

Conduct such inspections of buildings, structures, and uses of land as are necessary to determine compliance with the terms of this chapter.

(5)

Receive and forward for action all applications for appeals, variations, special uses and amendments to this chapter which are filed and transmitted to the office of the city clerk.

(6)

Initiate, direct and review, from time to time, a study of the provisions of this chapter and make reports of his/her recommendations to the zoning board of appeals and the city council not less frequently than once a year.

(7)

Revoke certificates of zoning compliance where provisions of this chapter are being violated.

(8)

Issue certificates of zoning compliance for nonconforming uses existing at the time of passage of this chapter or any amendment thereto.

(9)

Maintain permanent and current records of this chapter including all maps, amendments, special uses, and variations with the office of the city clerk.

(10)

Provide and maintain public information relative to all matters arising out of this chapter.

(c)

Remedies deemed cumulative. All remedies provided for in this section shall be cumulative and not exclusive.

(Ord. No. 795, § 1502, 5-13-74; Ord. No. 2987-03, § 3, 4-28-03)

(a)

Permits, certificates and licenses. All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this chapter and shall issue no permit, certificate, or license which conflicts with the provisions of this chapter. Any permit, certificate, or license issued in conflict with the provisions of this chapter shall be void.

(b)

Duties of zoning officer. The zoning officer shall be the official responsible for the enforcement of this chapter. The zoning officer may serve notice requiring the removal of any structure or use in violation of this chapter on the owner or his/her authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. The zoning officer may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is hereby authorized to institute appropriate actions to that end. The zoning officer may call upon the chief of police and his/her authorized agents to assist in the enforcement of this chapter.

(c)

Violations; penalties. Penalties for violations shall be as follows:

(1)

Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued, or permitted by the person and shall be punishable as provided in this section.

(2)

Any structure or sign erected, moved, altered, enlarged, or maintained and any use of a site contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance, and the city attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure, sign, or use and restrain or enjoin the person from erecting, moving, altering or enlarging the structure or sign or using the site contrary to the provisions of this chapter.

(3)

The city may also take other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 795, § 1503, 5-13-74)

(a)

Any lawfully established use of a building or land, on the effective date of Ordinance No. 795, or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this section.

(b)

Any legal nonconforming building or structure may be continued in use, provided there is no alteration, expansion or replacement, but any necessary maintenance or repair shall be allowed, except as otherwise permitted in this section.

(c)

Any building for which a permit has been lawfully granted prior to the effective date of Ordinance No. 795, or of amendments hereto, may be completed in accordance with the approved plans, provided construction is started within 90 days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

(Ord. No. 795, § 300, 5-13-74; Ord. No. 3090-04, 5-10-04)

(a)

Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

(b)

Whenever a nonconforming use of a building, structure, or part thereof, has been discontinued, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use for a period of six consecutive months, or in such cases where the owner had applied for and obtained an extension of time not to exceed six additional months by the granting of a special use permit as authorized by article VIII of this chapter, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.

(c)

Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

(Ord. No. 795, § 301, 5-13-74)

The nonconforming use of any building, structure, or portion thereof, which is designed or intended for a use not permitted in the district in which it is located, may not be occupied by an other similar or less intense nonconforming use except by the granting of a special use permit as authorized by article VIII.

(Ord. No. 795, § 302, 5-13-74)

The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain in residential districts shall be limited to two years from the effective date of this Ordinance No. 795, or of any amendment hereto which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the two-year period.

(1)

Any nonconforming use of a building or structure having an assessed valuation not in excess of $250.00 on the effective date of Ordinance No. 795.

(2)

Any nonconforming signs, billboards and outdoor advertising structures.

(3)

Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building.

(Ord. No. 795, § 303, 5-13-74)

(a)

Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(b)

No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

(1)

When the alteration is required by law.

(2)

When the alteration will actually result in eliminating the nonconforming use.

(3)

When a building in a residential district containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

(Ord. No. 795, § 304, 5-13-74)

If a building or other structure containing a nonconforming use is damaged or destroyed by fire or act of God, to an extent of:

(1)

No more than 50 percent of its replacement value, the building or structure may be restored only to its original condition and floor area, and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

(2)

More than 50 percent but less than 75 percent of its replacement value, the building or structure may be restored only to its original condition and floor area, and the occupancy or use of such building may be continued which existed at the time of such partial destruction only if an approved special use permit is applied for and secured from the city in accordance with the provisions of article VIII.

(3)

More than 75 percent of its replacement value, the building or structure may be rebuilt and used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. When the provisions of subsections (1) and (2) of this section are applicable, the restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently pursued to completion. Failure to exercise the options provided in this section within the time specified shall be considered a voluntary abandonment and buildings and structures may be rebuilt and used thereafter only for a conforming use and in compliance with provisions of the district in which it is located.

(Ord. No. 795, § 305, 5-13-74)

(a)

A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.

(b)

No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(c)

No conforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of Ordinance No. 795, or to displace any conforming uses in the same building or on the same parcel.

(d)

A building or structure which is nonconforming with respect to yards, floor area ratio, or any other element of bulk regulated by this chapter shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(Ord. No. 795, § 306, 5-13-74)

(a)

Alteration of signs. Nonconforming signs may remain in place as is. However, if a nonconforming sign is altered, including but not limited to, changes in colors, letters, words, numbers, objects or symbols, structurally or otherwise, or enlarged, the sign must then conform with this chapter and all other ordinances and/or regulations in force at the time of the alterations.

(b)

Change of sign owner or user. Whenever there is a change in the sign user, owner, or owner of the property on which the sign is located, the new sign user, owner, or new property owner shall notify the administrator of the change. Any existing nonconforming sign must be made to conform at this time.

(c)

Removal of certain signs. Any sign now or hereafter existing which advertises a business no longer being conducted or a product no longer being sold, shall be removed by the permittee, or by the owner, agent or person having the beneficial use of the premises upon which sign may be found, within 20 days after written notification from the building inspector. Upon failure to comply with such notice, the building inspector is authorized to remove such sign at the expense of the permittee or the owner, agent or person having the beneficial use of the premises.

(Ord. No. 795, § 307, 5-13-74; Ord. No. 1327, § 1, 11-8-82)

In order to ensure that this chapter will permit all similar uses in each district, the zoning board of appeals, upon its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted use or a special use in a residential or commercial district shall be deemed a permitted use or a special use in one or more districts on the basis of similarity to uses specifically listed.

(Ord. No. 795, § 400, 5-13-74)

Application for determination that a specific use should be included as a permitted use or a special use in a residential or commercial district shall be made in writing to the zoning officer, and shall include a detailed description of the proposed use and such other information as may be required by the zoning board of appeals to facilitate the determination.

(Ord. No. 795, § 401, 5-13-74)

The zoning board of appeals shall make or have made such investigations as it deems necessary to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter, and to make a determination of its classification.

(Ord. No. 795, § 402, 5-13-74)

The determination of the zoning board of appeals shall be rendered in writing within 60 days upon receipt of application unless the applicant consents to an extension of the time period, and shall include findings supporting the conclusion.

(Ord. No. 795, § 403, 5-13-74)

Within five days following the date of a decision of the zoning board of appeals on a request for a determination as to use not listed, the secretary of the board of appeals shall transmit to the city council written notice of the decision. A decision shall become effective ten days following the date on which the determination was made or on the day following the next meeting of the city council, whichever is later, unless an appeal has been taken to the city council, or unless the city council shall elect to review the decision of the zoning board of appeals.

(Ord. No. 795, § 404, 5-13-74)

Within ten days following the date of a decision of the zoning board of appeals on a request for a determination as to a use not listed, the decision may be appealed to the city council by the applicant or by any other person. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the zoning board of appeals or wherein its decision is not supported by the evidence in the record.

(Ord. No. 795, § 405, 5-13-74)

The determination of the city council shall be rendered in writing within 60 days unless the applicant consents to an extension of the time period and shall include findings supporting the conclusion.

(Ord. No. 795, § 406, 5-13-74)

This division provides procedures under which any construction or alteration of a building or other structure and any new use of land or a building shall be cleared with the zoning officer to make certain that it is in compliance with this chapter. The purpose of this requirement is to ensure effective enforcement of zoning and also to afford protection to owners and users of whether a proposed development or use will be in compliance with this chapter. In order to lessen the burden upon property owners and to avoid unnecessary administrative duplication, the procedures under this division are, wherever possible, combined with already existing procedures.

(Ord. No. 795, § 1600, 5-13-74)

(a)

Zoning permit. A zoning permit is a statement issued by the zoning officer stating the existing zoning provisions which apply to a given parcel or parcels of property. The following should be specifically stated in the zoning permit:

(1)

Zoning districts within which the property is located.

(2)

Any additional regulations which apply to the subject property such as those specified by special use permit, variation, or other action by the zoning board of appeals, or the city council also including judiciary action.

(3)

Status of any nonconformities which exist on the subject property.

(4)

If a specific use is proposed and the extent of the proposed use is indicated and accompanied by plans and additional information as necessary then applicable parking, sign, and other regulations should be stipulated.

(b)

Certification of zoning compliance. A certificate of zoning compliance is written statement issued by the zoning officer stating to the best of his/her ability that existing buildings or structures and the proposed use of the buildings or structures and/or the proposed use of the subject property is in compliance with all of the provisions of this chapter and any amendments, variations, special use permits granted, or any zoning board of appeals, city council or court action related thereto.

(Ord. No. 795, § 1601, 5-13-74)

Cross reference— Definitions generally, § 1-2.

Application for a zoning permit shall be made on a form prescribed by the zoning board of appeals and shall be accompanied by plans and additional information as necessary, in the opinion of the zoning officer, to demonstrate conformity with ordinance. The zoning officer shall, upon receipt of all necessary information, check the application and all data submitted with it to see that all provisions of this chapter will be complied with. If a proposed development does not comply with the provisions of this chapter, a zoning permit shall not be issued; however, the aspects of the proposed development or use which do not comply shall be specified.

(Ord. No. 795, § 1602, 5-13-74)

Except as heretofore provided, no building permit or other permit pertaining to the construction of buildings or the use of land or buildings shall be issued by an officer, department or employee of the city unless the application for such permit has been examined by the zoning officer and has affixed to it a zoning permit stating that the proposed building or structure and use thereof complies with all the provisions of this chapter.

(Ord. No. 795, § 1603, 5-13-74)

(a)

Application for a certificate of zoning compliance shall be made on a form prescribed by the zoning officer and shall be accompanied by a plat and plot plan as specified in section 102-91.

(b)

No certificate of zoning compliance shall be issued until construction has been completed or the use established but not operationalized and has been inspected and certified by the zoning officer to be in compliance with all provisions of this chapter. A certificate of zoning compliance shall be issued or written notice shall be given to the applicant stating the reasons why the zoning officer will not issue a certificate of zoning compliance.

(c)

No building or addition thereto, constructed after the effective date of Ordinance No. 795, and no addition to a previously existing building shall be occupied, and no land vacant on the effective date of Ordinance No. 795 shall be used for any purpose until a certificate of zoning compliance has been issued by the zoning officer. No change in use to the production, processing, or storage of materials or goods and no change in use from the production, processing, or storage of one kind of materials or goods to another kind shall be made until a certificate of zoning compliance has been issued by the zoning officer. Every certificate of zoning compliance shall state that the use or occupancy complies with all the provisions of this chapter.

(Ord. No. 795, § 1604, 5-13-74)

(a)

Plat. Every application for a certificate of zoning compliance shall be accompanied by a plat legally recorded under the laws of the state and county, giving a description including a reference to a piece or parcel of land, lots, blocks, or parts or portions thereof legally recorded pursuant to the laws of the state and county.

(b)

Plot plan. Every application for a certificate of zoning compliance shall be accompanied by a plot plan drawn to scale in such form as may, from time to time, be prescribed by the zoning officer. Such plot plan shall show the ground area, height and bulk of the building or structure; the building setback lines in relation to lot lines; the use to be made of the building or structure or land; and such other information as may be required by the zoning officer for the proper enforcement of this chapter.

(Ord. No. 795, § 1605, 5-13-74)

No certificate of occupancy as required in the building codes shall be issued by the building officer until a certificate of zoning compliance has been issued.

(Ord. No. 795, § 1606, 5-13-74)