Maroa City Zoning Code
ARTICLE X
Administration and Processing
§ 290-10.1 General administrative responsibilities; scope of article.
§ 290-10.2 Zoning Administrator.
The Zoning Administrator, or such individual that has been or shall be duly appointed by the City Council, shall be in charge of the administration and enforcement of this chapter and shall perform or see to the performance of the following duties:
A.
Issue all zoning certificates and make and maintain records thereof.
B.
Issue all certificates of occupancy and make and maintain records thereof.
C.
Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this chapter.
D.
Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, special uses, planned developments, variances, appeals, applications and records of hearings.
E.
Receive, file and forward for action all appeals and applications for appeals, variations, amendments, special uses and planned developments.
F.
Provide clerical and technical assistance that may be required by the Planning and Zoning Board in the exercise of its duties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Initiate, at least every other year, a study of the provisions of this chapter and make reports of recommendations for change to the Planning and Zoning Board.
H.
Inform the City Council of all violations of this chapter and all other matters requiring prosecution or legal action.
I.
Discharge such other duties as may be required by this article.
§ 290-10.3 Planning and Zoning Board.
A.
Establishment. The Planning and Zoning Board of the City of Maroa has been constituted according to 65 ILCS 5/11-13-3 and 65 ILCS 5/11-12-4.
B.
Jurisdiction. The Planning and Zoning Board is hereby vested with the following jurisdiction and authority with reference to this chapter:
(1)
To establish a time for, conduct public hearings on and prepare written findings of fact and recommendations to the City Council on the following matters:
(a)
Application for amendments to the Zoning Map or the text of this chapter.
(b)
Special use permits.
(c)
Special use permits for planned developments, including any requests for exceptions from required standards of this chapter.
(d)
Zoning requests pertaining to newly annexed property, including review of all plats and plans in connection therewith.
(e)
Plats of subdivision, including review of such plats for conformance to the Comprehensive Land Use Plan, this chapter and the Subdivision Regulations of the City of Maroa, as may be amended from time to time.
(2)
To review the recommendations of the Zoning Administrator as to the effectiveness of this chapter and report its conclusions and recommendations to the City Council, no less frequently than every other year.
(3)
To review the Zoning Map for accuracy on an annual basis so that the Zoning Map may be updated annually and published in the manner required by the Illinois Compiled Statutes.
(4)
To hear, decide and consider all other matters referred by the City Council or upon which the Planning and Zoning Board is required to act pursuant to the provisions of this chapter or as prescribed by applicable provisions of the City Code or the Illinois Compiled Statutes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5)
To establish a time for, conduct public hearings on and prepare written findings of fact and recommendations to the City Council concerning applications for variations, in the manner prescribed by and subject to the standards established in this chapter.
(6)
To hear and decide appeals from any final order, requirements, decision or determination made by an administrative official charged with the enforcement of this chapter.
(7)
To hear and decide all matters referred to it by the City Council or upon which the Planning and Zoning Board is required to act under this chapter or as prescribed by applicable provisions of the Illinois Compiled Statutes.
§ 290-10.5 City Council.
The City Council is the elected legislative authority of the City of Maroa and has reserved to itself the final authority on subdivisions, special uses, planned developments, amendments and variations, to be exercised pursuant to its legislative discretion.
§ 290-10.6 Zoning certificates.
A.
No permit pertaining to the use of land or buildings shall be issued until the Zoning Administrator certifies in such permit that the application, with accompanying plans and specifications, conforms to:
B.
When a permit is not required by Maroa's Building Code for an improvement or use, but the use or improvement requires conformance with the regulations of this chapter, an application for a zoning certificate shall be filed with the Clerk.
C.
All applications for zoning certificates shall be accompanied by:
(1)
Two copies of the current plat of the parcel of land, lot(s), block(s) or parts or portions thereof which constitute the proposed zoning lot, drawn to scale showing the actual dimensions and monuments, as certified by a registered Illinois land surveyor, as a true copy of the piece or parcel, lot(s), block(s) or portions thereof, according to the registered or recorded plat of such land.
(2)
Two copies of additional drawings, drawn to scale in such form as may be prescribed by the Zoning Administrator, showing the:
E.
An application for a zoning certificate shall be issued only when the application shows conformance with the regulations of this chapter, as may be modified by approvals or conditions granted by the City Council and included in a development ordinance.
F.
Any permit or certificate issued under the provisions of this chapter may be revoked whenever there has been any false statement, misrepresentation or omission of a material fact in the application, plat, plans, drawings or other information on which the permit or approval was based.
§ 290-10.7 Occupancy certificates.
A.
No building, or addition thereto, constructed after the effective date of this chapter and no addition to a previously existing building shall be occupied and no land unused and vacant on the effective date of this chapter shall be used for any purpose until an occupancy certificate has been issued by the Zoning Administrator. No change in use in a zoning district shall be made until an occupancy certificate has been issued, stating that the use or occupancy complies with the provisions of this chapter or modifications thereof and conditions of approval that may be granted by the City Council as part of a development ordinance.
B.
Every application for a building permit or zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land, where no building permit is required, shall be made to the Clerk.
C.
No occupancy certificate for a building or portion thereof, constructed after the effective date of this chapter, shall be:
(1)
Issued until construction has been completed and the premises inspected and certified by the Zoning Administrator to be in conformance with the plans and specifications upon which the zoning certificate application was based.
(2)
Issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the Zoning Administrator to be in compliance with all applicable standards.
D.
A temporary occupancy certificate may be issued by the Zoning Administrator for a period not to exceed one year pending the completion of a building or alteration thereof. Such temporary occupancy certificate shall not be construed as waiving the duties and obligations of the owners or occupants to complete the construction or alteration within the time period established in the temporary occupancy certificate.
E.
Any permit or approval issued under the provisions of this chapter may be revoked whenever there has been any false statement, misrepresentation or omission of material fact in the application, plat, plans, drawings or other information on which the permit or approval was based.
F.
An occupancy certificate shall be issued or a written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, no later than 10 working days after the Zoning Administrator is notified in writing that the building or premises are ready for inspection for occupancy.
§ 290-10.8 Certificate for continued occupancy of nonconforming use.
A.
Certificates for the continued occupancy of nonconforming uses existing on the effective date hereof or made nonconforming by this chapter shall state that the use is a nonconforming one and does not conform with the provisions of this chapter.
B.
The Zoning Administrator shall notify the owners of the property being used as a nonconforming use and shall furnish said owner with a certificate of occupancy for such nonconforming use.
§ 290-10.9 Notice requirements for appeals, variations, amendments and special use permits.
A.
Publication of notice. No public hearing before either the Planning and Zoning Board on any appeal or request or petition for variation, amendment, planned development or special use shall be held unless the notice of time and place of the hearing is published at least once in one or more newspapers with a general circulation within the City.
(1)
The notice shall be prepared by the petitioner or other person designated by the City Clerk and submitted to the City Clerk not less than 30 days before the scheduled hearing.
(2)
Once received, the City Clerk shall cause said notice to be published not more than 30 days nor less than 15 days before the hearing.
B.
Notice to adjacent owners.
(1)
Each petition of application for an appeal, variation, amendment, planned development or special use shall include a list of all owners, as disclosed by the records of the Macon County Recorder of Deeds or the tax records maintained by the Macon County Clerk, of all property contiguous to the parcel, exclusive of road rights-of-way.
(2)
The applicant or petitioner or other person designated by the City Clerk may cause notice of the public hearing to be mailed to property owners at the addresses identified on the list, not less than 10 days before the hearing. Said mailing may be by first-class mail. Failure of notice for any reason to any or all contiguous property owners shall not invalidate any subsequent action by the Planning and Zoning Board or City Council.
C.
Content of notice. The notice of public hearing shall include at least the following:
(1)
The address and/or location of the property for which the appeal, variation, amendment, planned development or special use is requested.
(2)
A brief statement of the nature of the request.
(3)
Existing zoning classification.
(4)
Proposed zoning, if applicable.
(5)
Requested exceptions from regulations of this chapter, if applicable.
(6)
The name and address of the legal and beneficial owner of the property for which the variation is requested.
(7)
A legal description of the subject property.
D.
Continuation of public hearings. The Planning and Zoning Board shall hold at least one public hearing on the proposed variation, amendment, planned development or special use. However, public hearings may be continued by the Planning and Zoning Board from time to time and without further notices being published.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 290-10.10 Appeals.
A.
Authority. The Planning and Zoning Board shall hear and decide upon all appeals from administrative decisions or actions related to this chapter, pursuant to procedures set forth herein.
B.
Initiation.
(1)
An appeal from a final order, requirement, decision or determination to issue, not to issue, revoke, rescind or extend a permit or certificate requiring compliance with the provisions of this chapter may be taken to the Planning and Zoning Board by any person aggrieved or by any officer or department of the City.
(2)
Such an appeal shall be taken within 45 days after the decision complained of, by filing with the Zoning Administrator and with the Planning and Zoning Board a written notice of appeal specifying the ground thereof.
(3)
The City Clerk shall transmit to the Planning and Zoning Board all papers related to the decision which led to the appeal.
C.
Notice of appeal.
(1)
The notice of appeal shall, at a minimum, contain the following information:
(a)
Name, address and phone number of the individual filing the appeal.
(b)
Location of the property involved in the decision which has occasioned the complaint.
(c)
Identification of the section or provision of this chapter that is in dispute.
(d)
Written decision of the Zoning Administrator, or the reason given by said officer, in support of the decision from which the appeal is taken.
(e)
Description of the proposed use of the property, including a plat, survey or site plan.
(f)
Brief narrative argument and summary of the factual evidence upon which the appeal is based.
(2)
An appeal shall stay all proceedings related to the action on which the appeal is based, including, but not limited to, plan review, processing of permits or construction, unless it is demonstrated to the Zoning Administrator or the Planning and Zoning Board that a stay would cause imminent peril to life and/or property.
D.
Hearing.
(1)
The City Clerk shall transmit the application of the appeal to the Planning and Zoning Board, which shall hold a public hearing at such time and place as shall be established by the Planning and Zoning Board, after due notice is provided.
(2)
The hearing shall be conducted and a record of such proceedings shall be preserved, in such a manner as the Planning and Zoning Board shall prescribe.
E.
Decision. The Planning and Zoning Board shall reach its decision within a reasonable period of time after the conclusion of the hearing of the appeal.
(1)
The Planning and Zoning Board may affirm or may reverse, wholly or in part, or may modify the order, requirement, decision or determination as, in its opinion, ought to be made in the matter.
(2)
Records of all actions of the Planning and Zoning Board, relative to appeals, shall be maintained by the City.
(3)
The decision of the Planning and Zoning Board shall be a final administrative decision, based on the evidence presented at the hearing of the appeal. A concurring vote of four shall be required for reversal of or modification of the order, requirement, decision or determination of the Zoning Administrator.
§ 290-10.11 Variations.
A.
Authority. The City Council shall decide variations from the provisions of this chapter that are in harmony with its general purpose and intent and may vary them where the Planning and Zoning Board has made a finding of fact based on the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of any regulation of this chapter.
B.
Initiation. An application for a variation may be made by any individual, office, department, board, bureau or commission requesting or intending to request an application for a building permit, zoning certificate or occupancy certificate.
C.
Processing. An application for a variation shall be filed with the City Clerk, who shall forward such application to the Planning and Zoning Board and Zoning Administrator for processing in accordance with applicable statutes of the State of Illinois and provisions of this chapter. The application shall be accompanied by:
(1)
The name, address and phone number of the applicant.
(2)
The common street address and permanent index number of the property to be benefited by the variation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Identification of the provisions of this chapter from which the variation is sought.
(4)
A description of the proposed use and/or variation, including a dimensioned site plan or plat, unless specifically waived by the Zoning Administrator. The Planning and Zoning Board may, however, overrule such waiver and require the submission of a dimensioned site plan before making its findings and recommendations.
(5)
A brief summary of the factual evidence upon which the applicant will rely to show that the standards for variation will be met.
D.
Hearing.
(1)
The City Clerk shall transmit the application to the Planning and Zoning Board, which shall hold a public hearing at such time and place as shall be established by the Planning and Zoning Board, after due notice is provided. The Planning and Zoning Board must find that:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district.
(b)
The plight of the owner is due to unique circumstances.
(c)
The variation, if granted, will not alter the essential character of the locality.
(2)
For the purpose of supplementing the above standards, the Planning and Zoning Board, in making a recommendation that there are practical difficulties or particular hardships, shall also take into consideration the extent to which the evidence establishes, or fails to establish, the following:
(a)
That the particular physical surroundings, shape or topographical condition of the specific property involved would bring particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out.
(b)
That the conditions upon which the petition for variation is based would not be generally applicable to other property within the same zoning district.
(c)
That the purpose of the variation is not based exclusively upon a desire to make more money out of the property.
(d)
That the alleged difficulty or particular hardship has not been created by any person presently having an interest in the property or by the applicant.
(e)
That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(f)
That the proposed variation will not:
[1]
Impair an adequate supply of light and air to adjacent properties.
[2]
Substantially increase the hazard from fire or other dangers.
[3]
Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of the City.
[4]
Diminish or impair property values within the neighborhood.
[5]
Unduly increase traffic congestion in the public streets and highways.
[6]
Create a nuisance.
[7]
Result in an increase in public expenditures.
(g)
That the variation is the minimum variation necessary to make possible the reasonable use of the land, building or structure.
E.
Decisions.
(1)
Within 45 days after the close of the hearing on a proposed variation, the Planning and Zoning Board shall prepare a written statement of findings of fact and recommendations and shall submit this statement to the City Council. The findings of fact shall specify the reason or reasons for recommending approval, approval with conditions or denial of the proposed variation.
(2)
The Planning and Zoning Board is not required to recommend for approval the full variation requested. The Planning and Zoning Board may recommend, and the City Council may approve, a variation of less extent than that contained in the request.
(3)
The Planning and Zoning Board may recommend, and the City Council may require, such conditions and restrictions upon the premises benefited by a variation as may be necessary in their opinion to comply with the standards set forth in this section, to reduce or minimize injurious effects of such variation upon other property in the neighborhood and/or to implement the general purpose and intent of this chapter.
(4)
A concurring vote of a majority of those members present at the meeting, with a minimum of four concurring votes, shall be required to recommend granting or denying an application for variation.
(5)
The decision of the City Council shall be final and subject to judicial review only in accordance with applicable state statutes.
(6)
No variation shall be granted except by ordinance duly passed and approved by the City Council, after public hearing and written findings of fact and recommendation(s) from the Planning and Zoning Board. The terms of relief granted shall be specifically set forth in the ordinance.
§ 290-10.12 Amendments.
B.
Authority. The City Council may, after receiving a recommendation from the Planning and Zoning Board in the manner hereinafter set forth, approve, approve with conditions or deny a text or a map amendment, pursuant to the procedures set forth herein.
C.
Initiation. Amendments may be proposed by the City Council, the Planning and Zoning Board or any property owner or interested person or organization.
D.
Processing. A petition or application for an amendment shall be filed with the City Clerk and should include at least the following information:
(1)
Text amendments:
(a)
Name, address and telephone number of the petitioner or applicant.
(b)
The proposed text amendment.
(c)
A statement of how the proposed amendment relates to the Comprehensive Land Use Plan, as may be amended from time to time, or otherwise promotes the public health, safety and general welfare of the City of Maroa.
(2)
Map amendments:
(a)
Name, address and telephone number of the petitioner or applicant.
(b)
The proposed map amendment, including:
[1]
Legal description of the property to be affected.
[2]
Common address and permanent index number.
[3]
Identification of existing zoning.
[4]
Identification of proposed zoning.
[5]
Existing use of the property.
[6]
Proposed use of the property.
[7]
Location map showing property lines, streets and such other items as the Zoning Administrator may require.
E.
Hearing.
(1)
The City Clerk shall transmit the application to the Planning and Zoning Board, which shall hold a public hearing at such time and place as shall be established by the Planning and Zoning Board, after due notice is provided.
(2)
The hearing shall be conducted and a record of such proceedings shall be preserved in such a manner as the Planning and Zoning Board shall prescribe.
F.
Standards. The Planning and Zoning Board should not recommend, nor should the City Council grant, an amendment to alter the zoning district boundary lines, unless it determines, based upon the evidence presented to the Planning and Zoning Board, that:
(1)
The amendment promotes the public health, safety, comfort, convenience and general welfare of the City and complies with the policies and Comprehensive Land Use Plan and other official plans of the City of Maroa; or if the amendment does not comply with the Comprehensive Plan, reasons why a waiver should be granted.
(2)
The trend of development in the area of the subject property is consistent with the requested amendment.
(3)
The requested zoning classification permits uses which are more suitable than the uses permitted under the existing zoning classification.
(4)
The property cannot yield a reasonable return if permitted to be used only under the conditions allowed under the existing zoning classification.
(5)
The amendment, if granted, will not alter the essential character of the neighborhood and will not be substantial detrimental to adjacent property.
G.
Decision.
(1)
Within 45 days after the close of the hearing on a proposed amendment, the Planning and Zoning Board shall prepare a written statement of findings of fact and recommendations and submit this statement to the City Council. The findings of fact shall specify the reason or reasons for recommending approval, approval with conditions or denial of the proposed text or map amendment.
(2)
The City Council may, by ordinance, grant, or grant with modification, a text or map amendment. If an application is not acted upon by the City Council within three months of the date upon which findings of fact have been filed by the Planning and Zoning Board, it shall be deemed to have been denied.
(3)
The Planning and Zoning Board may recommend, and the City Council may approve, conditions and restrictions upon the premises benefited by an amendment as may be necessary to comply with the standards set forth in Subsection F above. Changes in restrictions or conditions shall be processed in the manner established by this article for amendments.
(4)
A concurring vote of a majority of those members of the Planning and Zoning Board present at the meeting, with a minimum of four concurring votes, shall be required to recommend granting or denying an application for an amendment.
(5)
In those instances where the City Council does not concur with a recommendation of the Planning and Zoning Board to approve or deny a map or text amendment, the favorable vote of 2/3 of the members of the City Council shall be necessary to approve an ordinance granting the amendment.
(6)
No amendment shall be granted except by ordinance duly passed and adopted by the City Council, after public hearing and written recommendation from the Planning and Zoning Board.
H.
Written protest.
(1)
A map or a text amendment shall not be passed except by a favorable vote of 2/3 of the members of the City Council in the case of a written protest against any proposed text amendment or map amendment when said protest is signed and acknowledged by the owners of 20% of the:
(2)
The written protest shall be served by the protestor(s) on the applicant for the proposed amendment and a copy served on the City Attorney and the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application or petition for the proposed amendment.
§ 290-10.13 Special uses.
A.
Purpose.
(1)
The development and execution of this chapter is based upon the division of the City of Maroa into districts, within any one of which the use of land and buildings and the standards for height and location of buildings or structures, as related to the land, are essentially uniform.
(2)
It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the potential impact of those uses upon neighboring lands and upon the public need for the particular use or particular location.
(3)
Such special uses fall into two categories:
(a)
Uses operated by a public agency or publicly regulated utilities, which are uses traditionally associated with a public interest, such as parks, recreation areas, public administrative buildings or the private use of existing public buildings.
[1]
It is stressed that public uses are associated with the public interest.
[2]
In the case of a request for a special use by a unit of local government, for a public use within its statutory mandate, the review shall not be based on determining the need for the publicly mandated use on the specific site but, rather, for assessing the impact of the proposed public use upon neighboring lands and upon the City's streets or utilities.
(b)
Uses entirely private in character, but of such a nature that the operation may give rise to unique problems or benefits with respect to their impact upon neighboring property, public facilities, the City as a whole or the natural environment or resources.
B.
Authority. The City Council may, after receiving a recommendation from the Planning and Zoning Board in the manner hereinafter set forth, approve, approve with conditions or deny a special use, pursuant to the procedures set forth herein.
C.
Initiation. A special use request may be made by any person or by an office, department, board, bureau or commission requesting or intending to request a building permit or occupancy certificate.
D.
Processing. A petition or application for a special use shall be filed with the City Clerk and shall include at least the following information:
[Amended 4-27-2020 by Ord. No. 2020/04/27-3; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Name, address and telephone number of the applicant.
(2)
Legal description of the property for which the special use is requested.
(3)
Description of the existing use of the affected property.
(4)
The present zoning classification for the affected property.
(5)
Description of the proposed special use.
(6)
A dimensioned site plan or plat showing the location of:
(a)
All buildings.
(b)
Parking areas.
(c)
Traffic access and circulation.
(d)
Open spaces and yards.
(e)
Landscaping.
(f)
Refuse and service areas.
(g)
Utilities.
(h)
Signs.
(i)
Other information as determined by the Planning and Zoning Board to be necessary for determining if the proposed special use meets the intent and requirements of this chapter.
(7)
A written statement that addresses:
(a)
The economic effects on adjoining properties.
(b)
The effects of such elements as noise, glare, odor, fumes and vibration on adjoining properties.
(c)
The general compatibility with adjacent and other properties in the district.
(d)
The effects of traffic generated by the proposed use.
(e)
The relationship to the Comprehensive Land Use Plan.
(8)
The special use permit application fee shall be as set from time to time by the City Council, which shall be paid to the City Clerk when the petition or application for a special use permit is filed.
E.
Hearing.
(1)
The City Clerk shall transmit the application for a special use to the Planning and Zoning Board, which shall hold a public hearing at such time and place as shall be established by the Planning and Zoning Board, after due notice is provided.
(2)
The hearing shall be conducted and a record of such proceedings shall be preserved in such a manner as the Planning and Zoning Board shall prescribe.
F.
Standards.
(1)
The Planning and Zoning Board should not recommend, nor should the City Council approve, a special use unless it shall find, based upon the evidence presented to the Planning and Zoning Board in each specific case, that the special use:
(a)
Will be harmonious with and in accordance with the general objectives of the Comprehensive Land Use Plan and/or this chapter.
(b)
Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not alter the essential character of the same area.
(c)
Will not be hazardous or disturbing to existing or future neighborhood uses.
(d)
Will be adequately served by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(e)
Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the City of Maroa.
(f)
Will not involve uses, activities, processes, materials, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(g)
Will have vehicular approaches to the property which shall be so designed as to not create an undue interference with traffic on surrounding public streets or highways.
(h)
Will not increase the potential for flood damage to adjacent property or require additional public expense for flood protection, rescue or relief.
(i)
Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance to the City of Maroa.
(2)
The special use shall, in all respects, conform to the applicable regulations of the district in which it is located, except as such regulations may be modified, in each instance, by the City Council, pursuant to the recommendations of the Planning and Zoning Board.
G.
Decision.
(1)
Within 45 days after the close of the hearing on a proposed special use, the Planning and Zoning Board shall prepare a written statement of findings of fact and recommendation and submit this statement to the City Council.
(2)
The City Council may, by ordinance, grant, or grant with modification, a requested special use. If an application is not acted upon by the City Council within six months of the date upon which such application is filed, it shall be deemed to have been denied.
(3)
The Planning and Zoning Board may recommend, and the City Council may approve, conditions and restrictions upon the premises benefited by a special use as may be necessary in their opinion to:
(4)
No special use shall be granted except by ordinance duly passed and adopted by the City Council after public hearing and written recommendation from the Planning and Zoning Board and considering the following:
(a)
Without further public hearing, the City Council may grant, deny or amend the recommendation for special use.
(b)
Every special use granted by ordinance of the City Council shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications of the proposed special use, which shall remain a part of the permanent records of the Planning and Zoning Board.
(c)
The findings shall specify the reason or reasons for approving or denying the special use.
(d)
Any terms of relief granted as part of a special use shall be specifically set forth in the findings and ordinance.
(5)
A concurring vote of a majority of those members of the Planning and Zoning Board present at the meeting, with a minimum of four concurring votes, shall be required to recommend granting or denying an application for a special use.
(6)
Changes in restrictions or conditions shall be processed in the manner established by this article for special uses.
H.
Written protest.
(1)
A special use shall not be passed except by a favorable vote of 2/3 of the members of the City Council in the case of a written protest against any proposed special use when said protest is signed and acknowledged by the owners of 20% of the:
(2)
The written protest shall be served by the protester or protesters on the applicant for the proposed special use and a copy served on the applicant's attorney, if any, with a copy to the City Attorney by certified mail at the address of such applicant and attorney shown in the application or petition for the proposed special use.
§ 290-10.14 Time limitations.
A.
Variations or special uses. An approval pursuant of the provisions of this chapter of a variation, special use or special use for a planned development shall become null and void should a building permit to begin construction not be applied for within 18 months of the approval of the ordinance or the recording of a final plat for a planned development, unless this time limit is expressly extended by the City Council.
B.
Map amendments.
(1)
Where a map amendment has been granted and no building permit for development has been applied for within 18 months, the Planning and Zoning Board may initiate a public hearing, after due notice according to § 290-10.9 of this article has been given and written notice sent to the applicant at the address contained in the application.
(2)
Within 45 days of the close of the hearing, the Planning and Zoning Board shall prepare and submit findings of fact and recommendations to the City Council that such map amendment shall be permanently affirmed or repealed or that the property subject to said map amendment be reclassified by another map amendment to a more appropriate district classification.
§ 290-10.15 Fees.
A.
The City Council shall establish a schedule of fees, charges and expenses for zoning certificates, occupancy certificates, appeals, applications for variations, amendments, planned developments, special uses or subdivision review and other administrative matters pertaining to this chapter.
B.
The approved schedule of fees shall be filed and posted in the office of the Zoning Administrator and may be altered or amended by the City Council from time to time.
C.
All consulting fees incurred by the City, including, but not limited to, engineering, planning and legal fees in consideration of the petition for variations, amendments, special use permits and site plan review, pursuant to the terms of this chapter, shall be paid by the petitioner or applicant.
D.
No action shall be taken on any appeal or application for variation, amendment or special use until all applicable fees, charges and expenses have been paid in full.
§ 290-10.16 Enforcement and penalties.
A.
Any person, persons, firm or corporation, or anyone acting in their behalf, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be guilty of an offense punishable by a fine of not less than $25 nor more than $750 for each offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
A separate offense shall be deemed committed for each day a violation is permitted to exist after notification thereof.
C.
In the event that any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the City Attorney, in addition to other remedies, may institute any proper action or proceedings in the name of the City to:
(1)
Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.
(2)
Restrain, correct or abate such violation.
(3)
Prevent the occupancy of said building, structure or land.
(4)
Prevent any illegal act, conduct, business or use in or about said premises.