A.   There is hereby created the position of zoning administrator who shall be appointed by the mayor with the consent of the city council. The zoning administrator shall administer and enforce the provisions of this title and shall have the following powers and duties in connection therewith:

      1.   The zoning administrator shall issue all permits and certificates required by this title.

      2.   If the zoning administrator should find that any of the provisions of this title are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The zoning administrator shall order the discontinuance of the illegal use of land, buildings or structures; the removal of illegal buildings or structures or of additions, alterations or structural changes thereto; the discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions.

   B.   The city council may delegate the powers and duties of the office of zoning administrator to any employee of the city or may combine the powers and duties of this office with any other position. (Ord. 2001-2, 6-12-2001)

In order that adequate provision may be made for the preparation and enforcement of zoning regulations and a comprehensive plan for the guidance, direction, and control of the growth and development or redevelopment of the city and contiguous territory not more than one mile beyond the corporate limits and not included in any municipality, a planning commission is hereby created under authority of state statute. (Ord. 2001-2, 6-12-2001)

The planning commission shall consist of five (5) members, citizens of the city all of whom shall be appointed by the mayor with the consent of the city council. (Ord. 2001-2, 6-12-2001)

The members of the planning commission shall serve for a period of three (3) years. Commencing with the first city council meeting in May, two (2) members of the planning commission shall be appointed for a term of one year, two (2) members of the planning commission shall be appointed for a term of two (2) years, and one member of the planning commission shall be appointed for a term of three (3) years. Vacancies shall be filled by appointments for expired terms only. All of the members of the commission shall serve without compensation, except that if the city council deems it advisable, they may receive such compensation as may be fixed from time to time by the city council and provided for in the appropriation ordinance. (Ord. 2001-2, 6-12-2001)

Immediately following their appointment, the members of the planning commission shall meet, organize, elect such officers as they may deem necessary, and adopt and later change or alter rules and regulations of organization and procedure consistent with city ordinances and state laws. The commission shall keep written records of its proceedings which shall be open at all times to public inspection. The commission shall also file an annual report with the mayor and city council, setting forth its transactions and recommendations. (Ord. 2001-2, 6-12-2001)

The planning commission shall have the following powers and duties:

   A.   To prepare and recommend to the city council a comprehensive plan for the present and future development or redevelopment of the city and contiguous unincorporated territory not more than one mile beyond the corporate limits of the city and not included in any other municipality. Such plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official comprehensive plan, or part thereof, of the city of Nauvoo. Such plan shall be advisory except as to such part thereof as has been implemented by ordinances duly enacted by the city council. All requirements for public hearing, filing of notice of adoption with the county recorder of deeds and filing of said plan and ordinances with the municipal clerk shall be complied with as provided by law.

To provide for the health, safety, comfort, and convenience of the inhabitants of the city and contiguous territory, such plan or plans shall establish reasonable standards of design for subdivisions and for resubdivisions of unimproved lands and of areas subject to resubdivisions of unimproved lands and of areas subject to redevelopment in respect to public improvements as herein defined and shall establish reasonable requirements governing location, width, course, and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, streetlights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment. The requirements specified herein shall become regulatory only when adopted by ordinance.

   B.   To recommend to the city council, from time to time, such changes in the comprehensive plan, or any part thereof, as may be deemed necessary.

   C.   To prepare and recommend to the city council, from time to time, plans and/or recommendations for specific improvements to the comprehensive plan.

   D.   To give aid to the official of the city charged with the direction of projects for improvements embraced within the comprehensive plan, or parts thereof, to further the making of such improvements and generally to promote the realization of the comprehensive plan.

   E.   To prepare and recommend zoning regulations to the city council to promote the health, safety and general welfare of the residents of Nauvoo and to encourage the most appropriate use of land throughout the city.

   F.   To review rezoning petitions, special use permits, sign permits and amendments to the zoning regulations and subdivision regulations and make recommendations to the city council, from time to time.

   G.   To designate lands suitable for annexation to the municipality and recommend zoning classification for such land upon annexation.

   H.   To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding.

   I.   To cooperate with municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area.

   J.   To exercise such other powers germane to the powers granted under authority of state statute, as may be conferred by the city council. (Ord. 2001-2, 6-12-2001)

At any time before or after the formal adoption of the comprehensive plan by the corporate authorities, an official map may be designated by ordinance, which map may consist of the whole area included within the comprehensive plan, or one or more separate geographical or functional parts, and may include all or any part of the contiguous unincorporated area within one mile from the corporate limits of the city. All requirements for public hearing, filing of notice of adoption with the county recorder of deeds, and filing of said plan and ordinances, including the official map, with the city clerk shall be complied with as provided for by law. No map or plat of any subdivision or resubdivision presented for record affecting land within the corporate limits of the city or within contiguous territory which is not more than one mile beyond the corporate limits shall be valid unless the subdivision shown thereon provides for standards of design, and standards governing streets, alleys, public ways, ways for public service facilities, streetlights, public grounds, size of lots to be used for residential purposes, storm and flood water runoff, channels, basins, water supply and distribution, sanitary sewers, and sewage collection and treatment in conformity with the applicable requirements of the ordinances, including the official map. (Ord. 2001-2, 6-12-2001)

The city clerk shall furnish the planning data relative to public improvements of any nature. The planning commission may report in relation thereto if it deems a report necessary or advisable, for the consideration of the city council. (Ord. 2001-2, 6-12-2001)

The commission may, at the direction of the city council, employ a paid secretary or staff, or both, whose salary, wages and other necessary expenses shall be provided for by the city council from public funds. If said planning commission shall deem it advisable to secure technical advice or services, it may be done upon authority from the city council and appropriations by the city council therefor. (Ord. 2001-2, 6-12-2001)

   A.   A zoning board of appeals shall be established. The word "board", when used in this section, shall be construed to mean the zoning board of appeals.

      1.   The board shall consist of five (5) members, all of whom shall be appointed by the mayor with the consent of the city council, and no person shall be on the zoning board of appeals if he or she is the mayor, an alderman, a person appointed to any city position, or any other elected official of the city of Nauvoo.

      2.   Each member of the zoning board of appeals shall serve for a period of three (3) years. Membership terms are staggered. If a vacancy should occur, the vacant position shall be filled by appointment, and the replacement shall serve only until the expiration of the replaced member's term.

      3.   The zoning administrator shall serve as an ex officio, nonvoting, permanent member of the board. If the board meets more than six (6) times in one fiscal year, then the members shall be compensated for each meeting thereafter at the same rate that is paid to city council members for attendance at regular meetings. (Ord. 2009-7, 3-9-2010)

   B.   The board shall elect its own chairman and vice chairman who shall serve for one year. The board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter and to govern the conduct of its public hearings.

   C.   Meetings of the board shall be held at the call of the chairman or any two (2) members, or at such other times as the board may determine. Three (3) members of the board shall constitute a quorum and a majority vote of the members present shall determine all questions presented to the board except as otherwise provided in this chapter. The chairman shall be entitled to vote upon all questions presented to the board. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. 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 keep records of its examination, determinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. Official action and minutes of the proceedings shall be taken down by a reporter employed by the board for this purpose. The board may select or appoint such officers as it deems necessary. (Ord. 2001-2, 6-12-2001)

The board shall hear applications for and make recommendations to the city council concerning the following:

   A.   Errors: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this title.

   B.   Variations: When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of adoption of this title, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the area regulations would result in peculiar and exceptional practical difficulties of exceptional and undue hardship upon the owner of such property, the board shall be empowered to authorize, upon application for an appeal in regard to such property, a variation from such district application so as to relieve such difficulty or hardship.

   C.   Exceptions: Upon application for appeal, the board shall be empowered to make recommendations to the city council on the following exceptions:

      1.   To permit the extension of a district where the boundary line of a district divides a lot of record in single ownership.

      2.   To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of more than fifty percent (50%) of its replacement cost when the board finds some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such permit be issued if its primary function is to continue a monopoly.

      3.   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.

      4.   To vary parking regulations whenever the character or use of the building is such as to make unnecessary the full provisions of parking facilities or when such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

      5.   Variation of the yard, fence, sign, or accessory structure size regulations where there is an exceptional or unusual physical condition of a lot, which condition, when related to the yard, fence, sign, or accessory structure size regulations of this title, would prevent a reasonable or sensible arrangement of buildings, fences or signs on the lot.

   D.   Changes Granted Or Denied: In exercising the above powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals or applications for variations or exceptions, the board shall before making any finding in a specific case first determine that the proposed change will not constitute a change, including a variation in use, in the district map and will not impair an adequate supply of light and air to adjacent property, or increase congestion in public streets or increase the danger of fire or materially 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 city. Every change granted or denied by the board shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the variation. The decision of the board shall be made a part of any building permit in which variation is allowed.

   E.   Voting: The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variations in this title.

   F.   Tie Vote: In the event that the board reaches a tie in the voting process, the appeal item shall be forwarded to the city council for final approval or disapproval. (Ord. 2001-2, 6-12-2001)

   A.   Appeals: Appeals to the board of any matter over which the board is specifically granted jurisdiction may be taken by any person aggrieved, or by an officer, department, any board or bureau of the city affected by any decision of the zoning administrator. Such appeal shall be taken within sixty (60) days of such decision by filing with the zoning administrator and with the board a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken. The data to be submitted for zoning appeals is included on an appeals application form available from the zoning administrator or city clerk. See a sample form in this section for informational purposes only.

   B.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board after the 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 such case, proceedings shall not be stayed otherwise than by proper legal action.

   C.   Hearing: Upon an appeal, request for a variation or exception, the board shall fix a reasonable time for a hearing. Upon an appeal from any decision of the zoning administrator, request for variation or exception, the board shall give not less than fifteen (15) days' public notice of a hearing thereon in a newspaper of general circulation. The notice shall contain the particular location of the property affected by the decision appealed from or the variation or exception requested, as well as a brief statement of the nature of the appeal or of what the proposed variation or exception consists. In addition, the city clerk will post a notice of the public hearing in three (3) locations.

   D.   Notice To Property Owners: If a request for variation or exception is sought, the applicant shall furnish the city clerk a complete list containing the names and last known addresses of the property owners required to be served at the time the appeal application is filed plus a written notice. The city clerk will be responsible for mailing the appeal application to the surrounding property owners by registered or certified mail, return receipt requested, not less than fifteen (15) days and not more than thirty (30) days prior to the hearing. One owner of each property within two hundred fifty feet (250') in each direction of the lot line of the subject property shall be notified unless waived. Property ownership shall be based on the tax records of Hancock County and/or how the property is recorded with the recorder of deeds for Hancock County. The number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. Said notice shall contain the address of the subject property, the name and address of the applicant and property owner, a brief statement of the nature of the appeal, request for variation or exception, and the date and location of the public hearing relative to the application. If, after a bona fide effort to determine such address by the applicant, the owner of the property on which notice is served cannot be found at his or its last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of these provisions shall be deemed satisfied. Failure to comply with the provisions of this subsection shall render the application invalid. Upon the hearing, any party may appear in person or by agent or by attorney.

   On                 , 20  , the undersigned applied to the Zoning Administrator/Building Inspector of the City of Nauvoo for a permit to                         on property known as    

   (Additional grounds can be given on the back of this application)

                                                               

                              (Signed)

                                                               

                              (Address)

   **SAMPLE FORM**

(Ord. 2001-2, 6-12-2001)