The mayor, with the consent of the city council, will appoint a zoning administrator who will administer the day to day functions of this title. The administrator will receive and record all applications for permits and clearances authorized under this title. The administrator will issue zone clearances upon applicant satisfaction of the zoning requirements. The administrator is additionally authorized to grant relief of up to ten percent (10%) from any zoning requirement involving setbacks, heights, or parking when the zoning procedure does not involve the zoning board of appeals, city council, or county regional airport authority. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

A zone clearance shall be issued by the administrator prior to the issuance of a building permit(s). An approved zone clearance shall indicate that a proposed use, lot, and/or structure is in compliance with the provisions of this title. The administrator shall not issue a zone clearance in any instance requiring action by the zoning board of appeals and/or city council prior to their final action(s). (Ord. 1148, 4-27-1987, eff. 6-1-1987)

This title divides the 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 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 city council.

   A.   Application For Permit: Every applicant for a special use permit shall submit to the administrator, in narrative and/or graphic form, the items of information enumerated in this subsection. The administrator shall prepare an advisory report on every request for a special use permit. He shall promptly transmit the completed application and his advisory report to the board of appeals. A filing fee is required and is presented in section 11-3-8 of this chapter, which fee may be amended from time to time by the city council. Application forms will be made available by the city clerk and/or administrator. Said application will provide 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 A1 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 use;

      6.   Existing topography of the site (USGS 10 foot contour data is acceptable), and proposed finished grade;

      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.   Identification and location of all existing or proposed utilities, whether public or private; and/or

      11.   Any other pertinent information that the administrator may require.

   B.   Public Hearing; Notice: The board of appeals shall hold a public hearing on every special use permit application within a reasonable time after said application is submitted thereto. The applicant for a special use permit shall provide a list of names and addresses of the parties whose property abuts the proposed special use. The chair of the board of appeals shall have the responsibility of scheduling the public hearings and sending out notices to that effect. 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 hearing, and the nature of the proposed special use shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

      1.   By first class mail to the applicant and to all parties whose property abuts the proposed special use.

      2.   By publication in a newspaper of general circulation within the city.

   C.   Advisory Report; Factors Considered: Within a reasonable time after the public hearing, the zoning board of appeals shall submit their advisory report to the council. In deciding what their advice should be, the board of appeals shall consider the following factors:

      1.   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;

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

      3.   The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and

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

   D.   Council Action: The council shall act on every request for special use permits at their regularly scheduled meeting following submission of the advisory report of the board of appeals. Without further public hearing, the council may grant a special use permit by simple majority vote of all members then holding office. In a separate statement accompanying the permit, the council shall state their findings of fact, and indicate their reasons for approving (with or without conditions) or denying the request for a special use permit.

   E.   Duration: A special use permit may be issued for a period up to eight (8) years and may be extended by the same process for subsequent ten (10) year periods. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

Requests for temporary use permits shall be treated in substantially the same manner as requests for special use permits. The council shall not initially issue any temporary use permit for a period longer than one year, but they may renew any such permit as they see fit. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

   A.   Application For Variance; Fee Required:

      1.   Every application for a variance shall be filed with the administrator on a prescribed form. Every variance application shall also be filed with the soil and water conservation district as per state law 1 . The administrator shall promptly transmit said application, together with any advice he might wish to offer, to the board of appeals.

      2.   The application shall contain sufficient information to allow the board to make an informed decision, and shall include, at a minimum, the following:

         a.   Name and address of the applicant;

         b.   Brief description/explanation of the requested variance;

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

         d.   Relationship of said structure/use to existing structures/uses on adjacent lots;

         e.   Specific section(s) of this title containing the regulations which, if strictly applied, would cause a serious problem; and

         f.   Any other pertinent information that the administrator may require. A filing fee is required.

   B.   Public Hearing; Notice: The board of appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted thereto. 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 nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

      1.   By first class mail to the applicant and to all parties whose property abuts the property for which the variance is requested.

      2.   By publication in a newspaper of general circulation within the city.

   C.   Standards For Variance: The board of appeals shall not recommend nor shall the council grant any variance unless, based upon the evidence presented to them, they determine that:

      1.   The proposed variance is consistent with the general purposes of this title; and

      2.   Strict application of the district requirements would result in great practical difficulties or hardship to the applicant and prevent a reasonable return on the property; and

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

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

      5.   The variance, if granted, will not alter the essential character of the area where the premises in question is located.

   D.   Advisory Report; Council Decision: Within a reasonable time after the public hearing, the board of appeals shall submit an advisory report to the council. The council may grant a variance by simple majority vote of all members then holding office and shall act on the requested variance at their next regularly scheduled meeting following submission of the advisory report of the board of appeals. In accordance with state law, the council 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 council's reasons for granting or denying any requested variance. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)

   A.   Authority: The council may amend this title in accordance with state law 1 , and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the council, administrator, the board of appeals, or any party in interest.

   B.   Filing Amendment; Fee: Every proposal to amend this title shall be filed with the administrator on a prescribed form. Every amendment proposal shall also be filed with the soil and water conservation district as per 70 Illinois Compiled Statutes 405/22.02a. The administrator shall promptly transmit said proposal, together with any comments or desired recommendations, to the board of appeals who will conduct a public hearing. A filing fee is required. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)

   C.   Public Hearing; Notice: The zoning board of appeals shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted thereto. 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 amendment shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing:

      1.   By publication in a newspaper of general circulation within the city; and

      2.   When the amendment involves a rezoning, not a text amendment, by first class mail to all parties whose property abuts the property(ies) for which rezoning is requested.

   D.   Advisory Report; Findings Of Fact: Within a reasonable time after the public hearing, the board of appeals shall submit their advisory report to the council. The report shall state recommendations of the board of appeals 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 board of appeals shall include in their advisory report findings of fact concerning each of the following matters:

      1.   Existing use(s) and zoning of the property in question;

      2.   Existing use(s) and zoning of other lots in the vicinity of the property in question;

      3.   Suitability of the property in question for uses already permitted under existing regulations;

      4.   Suitability of the property in question for the proposed use; and

      5.   The trend 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.

   E.   Council Action: The council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the advisory report of the board of appeals. Without further public hearing, the council may pass or deny any proposed amendment or may refer it back to the board of appeals for further consideration by simple majority vote of all the members then holding office. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

   F.   Protests: The favorable vote of at least two-thirds (2/3) of all the members of the council is required to pass an amendment to this title when the proposed amendment is opposed, in writing, by the owners of twenty percent (20%) of the frontage proposed to be altered, by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered 2 . (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)

   G.   Rezones From Rural-Agricultural District To Industrial District: The city council may amend the rural-agricultural zone district to the industrial zone by suspension of the above procedures upon a finding of fact at the city council level that the community's economic development will be enhanced by the amendment. The city council may initiate the proceeding. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

   A.   Authority; Compliance With Law: Any person aggrieved by any decision or order of the administrator in any matter related to the interpretation or enforcement of any provision of this title may appeal to the board of appeals. Every such appeal shall be made and treated in accordance with Illinois law 1 and the provisions of this section.

   B.   Filing; Record Transmittal; Fee: Every appeal shall be made within forty five (45) days of the matter complained of by filing with the administrator and the board of appeals a written notice specifying the grounds for appeal. Every appeal shall also be filed with the soil and water conservation district as per state law 2 . Not more than five (5) working days after the notice of appeal has been filed, the administrator shall transmit to the board of appeals all records pertinent to the case. A filing fee is required. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)

   C.   Stay Of Proceedings: An appeal stays all further action on the matter being appealed unless the administrator certifies to the board of appeals, 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 of appeals or the circuit court grants a restraining order for due cause and so notifies the administrator.

   D.   Public Hearing; Notice: The board of appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal. 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 thirty (30) nor less than fifteen (15) days before the hearing:

      1.   By first class mail to the applicant and to all parties whose property abuts the property affected by the appeal; and

      2.   By publication in a newspaper of general circulation within the city.

   E.   Advisory Report; Council Decision: Within a reasonable time after the public hearing, the board of appeals shall submit an advisory report to the council. The council shall make the final decision on the appeal at their next regularly scheduled meeting following submission of said report. The council, by an ordinance passed by simple majority vote of all members then holding office, 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. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

The schedule of fees is as follows:

 

(Ord. 1512, 6-13-1994)

   A.   In case any building or structure, including fixtures, is constructed, altered, repaired, converted, or maintained, or any building or structure, including fixtures, or land is used in violation of this title, the administrator, mayor and city council, or any other tenant of real property within one thousand two hundred feet (1,200') of any direction of the property on which the building or structure in question is located, may, in addition to other remedies, initiate actions or proceedings to: (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)

      1.   Prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;

      2.   Prevent the occupancy of the building, structure, or land;

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

      4.   Restrain, correct, or abate the violation.

   B.   When any such action is initiated by the city, the city will be represented by the city attorney.

   C.   When any such action is initiated by an owner or tenant, notice of such action shall be served upon the city at the same time the suit is begun by serving a copy of the complaint upon the mayor.

   D.   The court of proper jurisdiction may issue a restraining order, a preliminary injunction, and/or a permanent injunction upon such terms and under such conditions as will do justice and enforce the purpose of this title.

   E.   An owner or tenant need not prove any specific, special, or unique damages to self or property from the alleged violation to maintain a suit. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

   F.   Pursuant to 65 Illinois Compiled Statutes 5/11-13-15, an owner or tenant plaintiff may seek and be allowed a reasonable sum of money for legal fees when the defendant has engaged in prohibited activities. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)

Violations of the provisions of this title or failure to comply with any of its requirements (including violations of conditions and safeguards established in grants of variances, special uses, temporary uses, or planned unit developments) shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than seven hundred fifty dollars ($750.00) or imprisoned for not more than six (6) months, or both, and shall pay all legal expenses and corresponding court costs. Each day that a violation exists constitutes a separate offense. The owner of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)

The zoning board of appeals is hereby established in accordance with Illinois law 1 . (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)

The board of appeals shall consist of five (5) members. Each board member shall be appointed by the mayor, with the advice and consent of the city council. One of the members so appointed shall be named as chair at the time of appointment. Each board member shall receive for services such compensation, if any, as is determined from time to time by the council. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. Ord. 3077, 1-14-2013)

Each board member shall hold office for five (5) years from the date of appointment, and until a successor has been selected and qualified. With the advice and consent of the city council, the mayor may remove any member on the board of appeals for cause, after a public hearing. Vacancies on the board shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. Ord. 3077, 1-14-2013)

   A.   Meetings: All meetings of the board of appeals shall be held at the call of the chair and at such time as the chair may determine. All board meetings shall be open to the public.

   B.   Rules Of Procedures: The board may adopt their own rules of meeting procedures consistent with this title and the applicable Illinois statutes.

   C.   Officers: The board may select such officers as they deem necessary. The chair, or in his absence an acting chair, may administer oaths and compel the attendance of witnesses.

   D.   Quorum: Three (3) members of the board shall constitute a quorum, and the affirmative vote of at least three (3) members shall be necessary to authorize any board action.

   E.   Authority To Present Opinions: Representatives of the Marion school district or the owner(s) of land located within two hundred fifty feet (250') of any land subject to board public hearings may appear and give testimony concerning prospective or requested actions.

   F.   Minutes And Records: The board shall keep minutes of its proceedings and examinations. These minutes shall indicate the presence or absence of members, the vote, including abstentions, of each member on each question, and any official action taken. A copy of every rule, variance, special use permit, planned unit development, amendment, order, or decision of the board shall be filed with the city clerk and shall be of public record. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code; Ord. 3638, 8-10-2020)