(a)

City council.

(1)

Jurisdiction. The city council shall retain the following duties and responsibilities under this chapter:

a.

Take final action on applications for amendments to the zoning ordinance or map.

b.

Take final action on request for variances.

c.

Take final action on conditional uses except home occupations.

d.

Take action on applications for temporary buildings, structures and uses of land.

(2)

Final action by the city council. All decisions and findings of the city council related to the zoning ordinance shall, in all instances, be the final administrative decisions and shall be subject to judicial review as may be provided by law. In the case of zoning amendments, variances, conditional uses, planned unit developments and other actions which require that approval or grant thereof be by ordinance, the enactment of the approving or granting ordinance shall be the final administrative decision and shall be subject to judicial review as may be provided by law.

(b)

Zoning enforcement officer.

(1)

The zoning enforcement officer of the City of Ottawa shall be responsible for enforcing this zoning ordinance. Said zoning enforcement officer shall have the power and shall see that the provisions of this chapter are property enforced. In furtherance of such authority, the zoning enforcement officer shall:

a.

Register all nonconforming uses.

b.

Issue certificates of occupancy as provided herein.

c.

Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this chapter.

d.

Issue violation notices that require compliance within the ten days, and advise suspected violators of right of appeal.

e.

Require that all construction of work of any type be stopped when such work is not in compliance with this chapter.

f.

Review all cases of encroachment into required setbacks.

g.

Review all applications for conditional uses involving home occupations and to issue a conditional use permit for a home occupation if it complies with the provisions for home occupations in section 118-2(j) of this chapter.

h.

Interpret the zoning regulations when questions arise.

i.

Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment.

j.

Submit before each city council meeting a report to the council on the number and the location of each application for variance or conditional use permit received and referred to the zoning board of appeals and/or plan commission.

(2)

The zoning enforcement officer shall not engage directly or indirectly in the construction industry, the building professions or in any type of gainful employment or business that conflicts with his or her official duties.

(c)

Certificate of occupancy.

(1)

A certificate of occupancy issued by the zoning enforcement officer shall be required for all of the following, except nonresidential buildings incidental to agricultural operations:

a.

Occupancy and use of a building hereafter erected, reconstructed, altered, enlarged or moved.

b.

Change in use of an existing building.

c.

Change in the use of land to a use of different classification except for the raising of crops.

d.

Any change in the use of a nonconforming use.

(2)

No such occupancy, use or change of use shall take place until a certificate of occupancy has been issued.

(3)

Written application for a certificate of occupancy for a new building or for an existing building which has been reconstructed, altered, enlarged or moved shall be made at least ten calendars days prior to proposed occupancy date. Said certificate shall be acted upon within three working days after a written request for the same has been made to the zoning enforcement officer after the erection, reconstruction, alteration, enlargement or movement of such building or part thereof has been completed in conformance with the provisions of this chapter.

(4)

Pending the issuance of a certificate of occupancy, a temporary certificate of occupancy may be issued by the zoning enforcement officer for a period of not more than six months during the completion of the construction of the building or of such reconstruction, alteration or enlargement as required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the city relating to the use or occupancy of the land or building, or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as well adequately ensure the safety of the occupants.

(5)

Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to the zoning enforcement officer.

(6)

If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy shall be issued within three working days after the written request for the same has been made.

(7)

Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this chapter.

(8)

A record of all certificates of occupancy shall be kept on file in the office of the zoning enforcement officer and a copy shall be forwarded, on request, to any person having a proprietary or tenancy interest in the building or land affects.

(d)

Zoning board of appeals.

(1)

Establishment. There is hereby established a zoning board of appeals. Said zoning board of appeals shall consist of seven members appointed by the mayor with the approval of the City Council of the City of Ottawa.

Each member so appointed shall serve for a term of three years. Vacancies shall be filled by appointment by the mayor and approved by the city council for the unexpired term. Members may be removed for cause after written charges have been filed and after a public hearing has been held. One of the members of said zoning board of appeals shall be appointed by the mayor and approved by the city council at chairman of said zoning board of appeals and shall hold said office as chairman until a successor is appointed. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

The zoning board of appeals shall elect a secretary to hold said office until a successor is elected.

(2)

Authority and duties. The zoning board of appeals is hereby vested with the following duties and responsibilities:

a.

To hear and decide appeals from any order, requirement, decision or determination made by the zoning enforcement officer under this chapter in the manner prescribed by, and subject to, the standards established herein.

b.

To hear applications for variations from the terms provided in this zoning ordinance in the manner prescribed by, and subject to, the standards established herein, and report is findings and recommendations to the city council in writing within 30 days after the close of the hearing.

c.

To advise the city council on all matters referred to it or upon which it is required to review under this chapter.

(3)

Recommendations. All recommendations of the zoning board of appeals shall be advisory in nature, and shall be subject to final consideration, evaluation and determination by the city council.

(4)

Procedures. All meetings of the zoning board of appeals shall be held at the call of the chairman and at such other times as any three members of the zoning board of appeals may determine.

There shall be at least 15 days, but not more than 30 days notice of the time and place of such meeting published in a paper of general circulation in the City of Ottawa; said notice to contain a statement of the particular purpose of such meeting and a brief description of the location of the property or properties including the street address under consideration at such meeting.

All meetings of the zoning board of appeals shall be open to the public.

The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of examinations and other official actions.

No hearing shall be conducted without a quorum of the board being present, which shall consist of a majority of all the members.

Findings of fact shall be included in the minutes of each case and the reasons for granting or denying an appeal or making a recommendation shall be specified. Every rule, regulation and every order, requirement, decision, determination and recommendation of the zoning board of appeals shall immediately be filed in the offices of the board of appeals and city clerk and shall be of public record.

The zoning board of appeals shall adopt its own rules of procedure and may require the submission of plats and other information necessary to make its determinations. A copy of said rules and procedure, and all amendments thereto, shall be filed in the office of the board of appeals and city clerk.

The minutes of the zoning board of appeals shall be open to public examination at reasonable hours.

Expenses incurred by the zoning board of appeals are to be itemized and shall be borne by the City of Ottawa.

(5)

Decisions. The decisions and findings of the zoning board of appeals on appeals after a hearing shall, in all instances, be final administrative determinations and shall be subject to review by court as by law may be provided.

All findings and recommendations of the zoning board of appeals on applications for variations and conditional use permits regarding home occupations shall be reported to the city council in writing within 30 days after the close of the hearing for a final administrative determination by said council.

(e)

Plan commission.

(1)

Establishment. The plan commission, as previously established under the provisions of the Illinois State Statutes and city ordinance is the plan commission referred to in this chapter. The plan commission shall consist of nine members appointed by the mayor and the approval of the City Council of the City of Ottawa. Each member shall be appointed for three years.

(2)

Authority and duties. The plan commission is hereby vested with the following duties and responsibilities:

a.

To review all applications for amendments to the zoning ordinance (test or map), in the manner prescribed by and subject to the standard established herein and report findings and recommendations to the city council.

b.

To review all applications for conditional uses, except for home occupations which are reviewed by the zoning enforcement officer, in the manner prescribed by and subject to the standards established herein, and report findings and recommendations to the city council.

c.

To advise the city council on all matters referred to it or upon which it is required to review under this chapter.

d.

To initiate amendments to the zoning ordinance (text or map).

(3)

Recommendations. All recommendations of the plan commission shall be advisory in nature and shall be subject to final consideration, evaluation and determination by the city council.

(f)

Appeals. Any person aggrieved by any decision or order of the zoning enforcement officer in any matter related to the interpretation or enforcement of any provisions of the ordinance may appeal to the zoning board of appeals. Every such appeals hall be made and treated in accordance with Illinois law and the provisions of this section.

(1)

Filing, record transmittal. Every appeal shall be made within 45 days of the matter complained of, by filing with the board of appeals in care of the city clerk, a written notice specifying the grounds for appeal along with the established fee. The city clerk shall notify the zoning enforcement officer of the filing of the appeal. Not more than five working days after the notice of appeal has been filed, the zoning enforcement officer shall transmit to the board of appeals all records pertinent to the case. The board may waive these time frames upon good cause shown.

(2)

Stay of further proceedings. An appeal stays all further action on the matter being appeals unless the zoning enforcement officer certifies to the board of appeals, after the notice of appeals 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 or the circuit court grants a restraining order for due cause, and so notifies the zoning enforcement officer.

(3)

Public hearing, notice. The board of appeals shall hold a public hearing pursuant to established rules of evidence on every appeal within a reasonable time after the filing of the appeal notice. 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 appeal shall be given not more than 30 nor less than 15 days before the hearing by publication in a newspaper of general circulation in the City of Ottawa.

(4)

Decision by board of appeals. The board of appeals, by majority vote, shall render a decision on the appeal within a reasonable time after the hearing. The board may reverse or affirm, wholly or partly, or may modify or amend the decision or order appeals from, to the extent and in the manner that it deems appropriate. In so doing, the board of appeals has all the powers of the zoning enforcement officer.

(5)

Decision of the city council. The board of appeals shall transmit to the city council its written findings and recommendations of the appeal within a reasonable time, but in no event more than 60 days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties. The city council may affirm or may reverse, in whole or in part, or modify the order, requirement, decision or determination of the zoning enforcement officer. The favorable vote of four members of the board of zoning appeals shall be necessary to recommend the reversal or modification of the order, requirement, decision or determination of the order, requirement, decision or determination of the zoning enforcement officer.

(g)

Variations.

(1)

Application process. A written application for a variance must be filed by the owner of record with the city clerk. The clerk will submit the application to the zoning enforcement officer or city planner. The application must include:

a.

The name and address of the applicant;

b.

A sketch or drawing of the subject property;

c.

The street address and legal description of the property;

d.

A short narrative describing the variance requested;

e.

Any such other information as the zoning board of appeals may require from time to time; and

f.

The fee as required by section 118-19(i).

The zoning enforcement officer or city planner will refer applications to the zoning board of appeals. Any application referred to the zoning board of appeals will be deemed complete. Incomplete applications will not be referred to the zoning board of appeals.

(2)

Public hearing, notice and posting of sign.

a.

The zoning board of appeals shall conduct a public hearing within 60 days of referral from the zoning enforcement officer or city planner. The zoning board of appeals or its designee will publish notice of a public hearing on such application for variation, stating the time and place and purpose of the hearing, with a description of the particular location for which the variance is requested, including street address, as well as a brief statement describing the proposed variance. Notice shall be published at least 15 days but not more than 30 days prior to the date of the hearing in a paper of general circulation in the City of Ottawa. Notice of the public hearing shall be mailed by the city clerk to the petitioner not less than 15 days prior to the date of the hearing.

b.

The applicant shall also give written notice to the person who was assessed for the real estate taxes for the previous year on all property adjacent to the parcel of land for which the variance is proposed. The written notices shall be delivered personally or may be sent by certified mail, properly addressed, with sufficient postage affixed thereon. The applicant shall submit the registered return receipt from the certified mail and a sworn affidavit with a copy of the notice to the city clerk, showing the names and addresses of the persons to whom the written notice has been provided. Said affidavit shall be a presumption of the giving of said notices.

c.

The owner of any property for which a petition for a zoning variance has been filed, shall, for a period of 15 days prior to the hearing, post a sign on such property giving notice of the petition for a zoning variance. The sign shall be provided by the city and the city shall direct where on the property the owner shall erect the sign.

d.

The zoning board of appeals, after a public hearing, shall make a written recommendation to the city council as to whether or not it recommends a variance in the regulations of this chapter. The variance must be in harmony with the general purpose and intent of said regulations and can be recommended only in the specific instances hereinafter set forth. Further, the board of appeals must make written findings to accompany its recommendation in accordance with the standards hereinafter prescribed. Included among said findings must be specific findings as to whether or not there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter relating to the use, construction or alteration of a building or structure, or the use of land.

e.

The zoning board of appeals shall, by majority vote, within 30 days after the close of the public hearing, render its findings and recommendation in writing to the city council. A copy of the recommendation and findings shall be sent by the zoning board of appeals to the applicant. The City Council of the City of Ottawa shall, within 30 days after receiving the findings and recommendation of the zoning board of appeals, render its decision in writing to the applicant, or refer the matter back to the zoning board of appeals for further consideration.

f.

Any proposed variation which fails to receive the approval of the zoning board of appeals shall not be granted by the city council except by a favorable vote of two-thirds of all council members.

(3)

Standards for variances. The zoning board of appeals shall not recommend a variance from the regulations of this chapter unless it shall make written findings based on evidence presented to it in each specific case that all the standards for hardships set forth below are met.

a.

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by regulations in the district wherein the property is located.

b.

The plight of the owner is due to unique circumstances such that the enforcement of this chapter would result in practical difficulties or impose exceptional hardships due to special and unusual conditions which are not generally found on other properties in the same zoning district.

c.

The variance, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

d.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in public streets, or increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood.

e.

The granting of the variation will not be detrimental to the public welfare or injurious to other property and improvements in the neighborhood in which the property is located, and will not overcrowd the land or create undue concentration of population.

(4)

Conditions and restrictions. The zoning board of appeals may recommend the imposition of such conditions and restrictions upon the premises benefited by a recommended variation as may be necessary to comply with the standard established in this subsection, to reduce or minimize the effect of such variation upon other property in the neighborhood, and to better carry out the general intent of this chapter. A variance shall be valid only if the conditions and restrictions imposed upon the premises are fulfilled.

(5)

Decision of the city council. The favorable vote of four members of the zoning board of appeals shall be necessary to recommend the granting of a variance. After recommendation by the zoning board of appeals, the city council may, by ordinance, grant, or grant with modification, the variance. If the city council does not approve of the variance after recommendation by the zoning board of appeals, it may deny the variance or refer the proposed variance back to the zoning board of appeals for further consideration. If the zoning board of appeals recommends again a variance, the favorable vote of four members of the city council shall be necessary to pass an ordinance granting the variance.

(h)

Conditional uses. This chapter divides this municipality into various districts, and permits uses, as a matter of right, which are compatible with one another. Certain other uses may or may not have a detrimental impact on nearby permitted uses, depending on their precise location, manner of operation and other factors. Such conditional uses require special case-by-case review and may be allowed only by permission of the city council. The granting of a conditional use shall be authorized for only one specific conditional use.

(1)

Application. Every applicant for a conditional use (other than a planned unit development) permit shall submit to the city clerk, in narrative or graphic form, the items of information listed below. The clerk shall forward applications for conditional uses for home occupations to the zoning enforcement officer for consideration and determination. All other applications for conditional uses will be submitted by the clerk to the city planner. The clerk will also submit the application to the historic preservation commission for its review and report to the plan commission. All applications must be filed by the owner of record, or by a tenant or contract purchaser with the written consent of the owner of record.

a.

Items of information.

1.

Name and address of applicant;

2.

Name and address of the owner or operator of the existing or proposed structure or use, if different from (a) and such owner's written request;

3.

Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, hours of operation and similar matters;

4.

Number and size of existing or proposed dwelling units, if any;

5.

A sketch showing the dimensions of the site and structure(s) and area(s) within the structures(s) where the use is proposed;

6.

Location and number of proposed parking/loading spaces and access ways;

7.

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

8.

Any other pertinent information that may be required by the plan commission;

9.

Zoning classification of site and adjacent properties; and

10.

In the case of applications for conditional use permits for home occupation, a description of how the home occupation use will meet all of the requirements of section 118-2(j)(1);

b.

Plan commission referral. The city planner will refer applications to the plan commission. Incomplete applications will not be referred to the plan commission. Any application referred to the plan commission will be deemed complete.

(2)

Public hearing, notice and posting of sign.

a.

The plan commission shall hold a public hearing on every conditional use permit application within 60 days after said application is submitted to the commission. At the hearing any interested party may appear and comment, 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 conditional use, the identity of the applicant and a description of the particular location for which the conditional use is requested, including street address, shall be given no more than 30 days nor less than 15 days before the hearing by publication in a newspaper of general circulation within the City of Ottawa.

b.

The applicant shall also give written notice to the person who was assessed for the real estate taxes for the previous year on all property adjacent to the parcel of land for which the conditional use is proposed. The written notices shall be delivered personally or may be sent by certified mail, properly addressed, with sufficient postage affixed thereon. The applicant shall submit the registered return receipt from the certified mail and a sworn affidavit with a copy of the notice to the city clerk, showing the names and addresses of the persons to whom the written notice has been provided. Said affidavit shall be a presumption of the giving of said notices.

c.

The applicant shall for a period of at least 15 days prior the hearing, post a sign on the property where the conditional use is proposed giving notice of the permit request. The sign will be provided by the city and the city shall direct where on the property the owner shall erect the sign.

(3)

Review by the historic preservation commission. The historic preservation commission shall consider the application and make a recommendation to the plan commission within 60 days after said application is submitted to the city clerk. In making its recommendation, the historic preservation commission shall consider the historic significance, if any, of the land and/or the structure(s) located upon the land, and shall provide to the plan commission a brief outline of the historical significance of the land and/or structure(s).

(4)

Recommendation by the plan commission, factors considered. Within 30 days after the close of the public hearing the plan commission shall submit its recommendation to the city council based on some or all of the following conditions as may be applicable.

a.

Suitable location for use. That the location and size of the proposed use and the nature and intensity of use in relation to the size of the lot will be in harmony with the orderly development of the area and compatible with other existing uses.

b.

Suitable structures for use. That the kind, size, location and height of structure and the nature and extent of landscaping on the lot are appropriate for the use and will not hinder or discourage the appropriate use of adjoining property or diminish the value thereof.

c.

Neighborhood compatibility. That the design elements of the proposed development, including landscaping, are attractive and suitable in relation to the site characteristics and style of other buildings in the immediate area, and that the proposed use will not alter the essential characteristics of the area or adversely affect property value in the neighborhood.

d.

Adequate parking and access. That the parking and loading facilities if applicable are adequate and properly located and that entrance and exit driveway(s) are laid out to achieve maximum safety.

e.

Adequate streets for use. That streets providing access to the proposed use are adequate in width, grade, alignment and visibility, and have adequate capacity for the additional traffic and parking generated by the proposed use, and the proposed use will not impede traffic circulation.

f.

Adequate emergency access. That the proposed use shall have easy accessibility for fire apparatus and police protection.

g.

Adequate public utilities. That the electrical wiring, water supply, the sewage disposal, and the stormwater drainage shall conform with all municipal codes and ordinances; comply with all standards of the appropriate regulatory authority; and not unduly burden the capacity of such facilities.

h.

Environmental protection and conservation. That the proposed use will provide for the conservation of natural features, drainage basins, the protection of the environment of the area, and sustained maintenance of the development.

i.

Consistent with purposes. That the proposed use will not have any detrimental effects upon the public health, safety, welfare, or property values, and that the proposed use will not conflict with the purposes of this chapter.

(5)

Action by city council. The city council shall act on every request for a conditional use permit within 60 days after receiving the written recommendation of the plan commission. Without further public hearing the city council may grant a conditional use permit by an ordinance passed by simple majority vote of all council members. Such ordinance shall contain the council's finding of fact. If the city council does not concur with the recommendation of the plan commission to deny, the favorable vote of four members of the city council shall be required to approve the conditional use. The city council at the time of adopting the ordinance may impose conditions as recommended by the plan commission or may require additional conditions.

(6)

Effective period of a conditional use. The granting of a conditional use shall be authorized for only one specific conditional use. This includes conditional uses for home occupations.

No conditional use shall be valid for a period longer than one year from the date of the ordinance granting the conditional use unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period. If the conditional use is not utilized for any continuous period of one year, said conditional use shall, to the extent of such nonutilization, become void. Upon voiding of the conditional use, the parcel of land shall conform to the permitted uses and other regulations of the zoning district in which it is located unless an amendment or other conditional use is applied for and granted. This section shall be applicable to all conditional uses except planned unit developments for which the provisions of section 118-13 of this chapter shall apply.

(i)

Fees and charges. All fees listed below shall be paid to the city upon filing an application for a variance, amendment, appeal, conditional use permit or planned unit development. Said fees are intended to help defray the costs connected with the processing/conducting of the listed procedures. They do not constitute a tax or other revenue-raising device.

(j)

Refiling. If an application for variance, amendment, appeal, conditional use permit or planned unit development has been denied by the city council, no new or further application seeking the same or substantially the same variance, amendment, appeal, conditional use permit or planned unit development for the same lot, tract or parcel of land shall again be submitted to the city council until at least one year following the date of the Council vote denying said application.

(Ord. of 9-17-2013, § 19; Ord. No. O34-2020, §§ 1, 2, 4—6, 5-19-2020)