(A)   The purpose of this subchapter is to provide mechanisms for obtaining relief from the provisions of this chapter. There are several ways that potential relief from hardship is addressed, including through non-conforming development, the grant of a variance, the grant of a special use permit or through appeal.

   (B)   All cases shall be administered in accordance with the appeal, variance, non-conforming use and special use permit procedures established in this chapter; provided that all such procedures shall comply with applicable procedures set forth in the Airport Zoning Act, 620 ILCS 25/24, 25/27, 25/28 and 25/29.

   (C)   This chapter provides supplemental requirements beyond those required by applicable state or federal law. The failure of the city to specifically or precisely conform to any notice, review or other procedural requirement herein shall not invalidate any action or approval of the city unless such invalidation is required by law.

   (D)   Avigation easement: as a condition of approval of a development application in an Airport Overlay (“AO”) District sub-area, including the application for a variance, rezoning or special use permit prior to receiving final approval of the application, the applicant may be required to convey to the appropriate authority an avigation easement consistent with the avigation easement described in § 157.352.

(Prior Code, § 158.410) (Ord. 3718, passed 6-20-2011)

   (A)   The hearing officer established and existing under this chapter is hereby established as and shall serve as the hearing officer under this chapter. The hearing officer shall exercise the following powers:

      (1)   To hear and decide appeals from any order, requirement, decision or determination made by the Director in the enforcement of the airport zoning regulations of this chapter; and

      (2)   To hear and decide specific variances under this chapter.

   (B)   All appeals and variances shall be administered in accordance with the appeal and variance procedures established in §§ 157.295 through 157.301.

(Prior Code, § 158.411) (Ord. 3718, passed 6-20-2011)

   (A)   Except as provided below, appeals shall be made in a manner consistent with procedures for appeals established within §§ 157.295 through 157.301.

   (B)   All appeals must be taken within a reasonable time, as provided in this chapter, by filing with the Director and with the hearing officer, a notice of appeal specifying the grounds thereof. The Director shall forthwith transmit to the hearing officer all the papers constituting the record upon which the action appealed from was taken.

   (C)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Director certifies to the hearing officer, after the notice of appeal has been filed with it, that, by reason of the facts stated in the certificate, a stay would, in the Director’s opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by order of the hearing officer on notice to the Director and on due cause shown.

   (D)   The hearing officer shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest and decide the same within a reasonable time, consistent with the times and procedures for notice, hearing and decision of appeals provided in this chapter. Upon the hearing, any party may appear in person or by agent or by attorney.

   (E)   The hearing officer may, in conformity with the provisions of this chapter and the Airport Zoning Act, 620 ILCS 25/1 et seq., reverse or affirm, wholly or partly, or modify, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Director from which the appeal is taken.

(Prior Code, § 158.412) (Ord. 3718, passed 6-20-2011)

   (A)   Except as provided herein, variance applications shall be made in a manner consistent with the procedures for variances established within §§ 157.295 through 157.301.

   (B)   Any person seeking a variance from the height limitations of this chapter shall include, as part of their variance application, a determination from the FAA as to whether the proposed construction or alteration for which the variance is being sought would be a hazard to air navigation, pursuant to the standards and procedures set forth in 14 C.F.R. pt. 77.

(Prior Code, § 158.413) (Ord. 3718, passed 6-20-2011)

   (A)   Structures and uses existing on the effective date of this chapter shall not be required to change in order to comply with these regulations, except where otherwise required by law or where a threat to public safety warrants a determination that the ongoing use is a public nuisance. The non-conforming use requirements of this section shall otherwise apply to the future applicability of the standards and requirements contained herein; provided that the requirements of this section shall be supplemented by provisions of this chapter governing non-conformities which do not conflict with the provisions of this section.

   (B)   Before any non-conforming structure or object of natural growth may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit must be secured from the Director, authorizing such replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming structure or tree or non-conforming use to be made or become higher or become a greater hazard to air navigation than it was on the effective date of this chapter or than it is when the application for a permit is made.

   (C)   Whenever the Director determines that a non-conforming use or non-conforming structure or tree has been abandoned or more than 80% torn down, destroyed, deteriorated or decayed:

      (1)   No permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations; and

      (2)   Whether application is made for a permit under this section or not, the Director may, by appropriate action, compel the owner of the non-conforming structure or tree, at his or her own expense, to lower, remove, reconstruct or equip such object as may be necessary to conform to the regulations.

   (D)   If the owner of the non-conforming structure or tree shall neglect or refuse to comply with such order for ten days after notice thereof, the Director may proceed to have the object so lowered, removed, reconstructed or equipped and shall have a lien, upon behalf of the city, upon the land whereon it is or was located, in the amount of the cost and expense thereof. Such lien may be enforced by the city by an action for the enforcement thereof, as in the case of other liens.

(Prior Code, § 158.414) (Ord. 3718, passed 6-20-2011)

   In granting any development application, the Director or hearing officer may, if it deems such action advisable to effectuate the purposes of this chapter and the Airport Zoning Act, 620 ILCS 25/1 et seq., and reasonable in the circumstances, so condition such grant, consistent with 620 ILCS 25/25, as to require the owner of the structure or tree in question to permit the state or the city, as the case may be, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

(Prior Code, § 158.415) (Ord. 3718, passed 6-20-2011)

(Prior Code, § 158.416) (Ord. 3718, passed 6-20-2011)

(Prior Code, § 158.417) (Ord. 3718, passed 6-20-2011)

         (a)   If the notice of violation or correction order is not complied with promptly, in addition to other remedies available, the Zoning Official may request the legal counsel of the city to institute the appropriate proceedings at law or in equity:

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

            2.   To prevent the occupancy of the building, structure or land;

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

            4.   To restrain, correct or abate the violation.

         (b)   The owner or general agent of a building or premises where a violation of any provision of the regulations has been committed or exists, or the lessee or tenant of an entire building or entire premises where a violation has been committed or exists, or the owner, general agent, lessee or tenant of any part of the building or premises in which a violation has been committed or exists, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in which any violation exists shall be guilty of a misdemeanor punishable by a fine in an amount as set by separate ordinance of the city or other such penalty as determined by the City Attorney or discretion of the court.

            1.   In addition to other measures available to cause corrective action or to restrain the furtherance of work upon or occupancy of any premises contrary to the provisions of this chapter, or in a manner contrary to the terms and conditions under which a zoning permit was issued under this chapter, without need of issuance of a notice of violation or correction order, the Zoning Official shall have the power and authority to order all work stopped upon the subject building or structure, or in or about the premises whereon the violation or other objectionable condition shall occur. Upon the issuance of an order to stop-work, the work shall be immediately stopped by all persons involved therewith.

            2.   This stop-work order shall be issued in writing and shall be presented:

               a.   To the owner of the property involved; or

               b.   To the person doing the work or performing the occupancy. In the event the stop-work order is rejected or if no responsible person is present, the order shall be posted on the premises in a conspicuous place.

            3.   The stop-work order shall state:

               a.   The nature of the violation or objectionable condition;

               b.   No work shall precede unless authorized by the Zoning Official; and

               c.   Shall identify the premises.

   (B)   Any person violating §§ 157.205 through 157.213 shall be subject to a fine of not more than $500 or 90 days in jail or both. Each day the violation continues shall constitute a separate offense.

(Prior Code, § 158.999) (Ord. 623, passed 9-8-1970; Ord. 3399, passed 12-5-2005)