Palos Heights City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 153.190 DUTIES OF DIRECTOR OF PUBLIC SERVICES.
The director of public services shall enforce this chapter, and, in addition thereto and in furtherance of this authority, he shall:
(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 uses of land to determine compliance with the terms of this chapter.
(D) Maintain permanent and current records of the chapter, including but not limited to, all maps, amendments, and special uses, variations, appeals, and applications therefor.
(E) Receive, file, and forward to the city council all applications for special uses and amendments to this chapter.
(F) Receive, file, and forward to the zoning board of appeals all applications for appeal, variations, or other matters on which the board is required to act under this chapter.
('69 Code, App. A, § 10.1)
§ 153.191 ZONING BOARD OF APPEALS; CREATION AND MEMBERSHIP.
A zoning board of appeals is authorized to be established. The word BOARD as used in this section shall be construed to mean the zoning board of appeals. The board shall consist of 7 members appointed by the mayor by and with the consent of the city council. The members of the board shall serve respectively for the following terms, or until their respective successors are appointed and qualified: one for one year, one for 2 years, one for 3 years, one for 4 years, one for 5 years, one for 6 years, and one for 7 years, the successor of each member so appointed to serve for 5 years. One of the members of the board shall be designated by the mayor, with the consent of the city council, as chairman of the board, and shall hold his office as chairman until his successor is appointed. The mayor shall have the power to remove any member of the board for cause and after a public hearing. Vacancies upon the board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of the member. The members of the board shall receive salaries as determined and fixed by the city council.
('69 Code, App. A, § 10.2-1; amend. Ord. O-29-70, passed 10-20-70)
Statutory reference:
Board of zoning appeals, ILCS Ch. 65, Act 5, § 11-13-3
§ 153.192 JURISDICTION.
The zoning board of appeals is vested with the following jurisdiction and authority:
(A) To hear and decide appeals from any order, requirement, decision, or determination made by the director of public services under this chapter.
(B) To hear and act upon all applications for variations and special uses, in the manner, and subject to the standards, prescribed herein; and to report its findings and recommendations to the city council.
(C) To hear and decide all matters referred to it or upon which it is required to pass under this chapter.
('69 Code, App. A, § 10.2-2)
§ 153.193 MEETINGS AND RULES.
All meetings of the zoning board of appeals shall be held at the call of the chairman and at times the board may determine. All meetings conducted by the board shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. 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 that fact, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the board shall be filed immediately in the office of the board, and shall be a public record. The board shall adopt its own rules of procedure not in conflict with this chapter or with the applicable state statutes, and may select or appoint officers it deems necessary.
('69 Code, App. A, § 10.2-3)
§ 153.194 FINALITY OF DECISIONS.
All decisions and findings of the zoning board of appeals shall, in all instances, except as indicated otherwise, be deemed final administrative determinations, and subject to judicial review as provided by law.
('69 Code, App. A, § 10.2-4)
§ 153.195 ZONING CERTIFICATES.
Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee of this city, unless the application for the permit has been examined by the office of the director of public services and has affixed to it a certificate of the office of the director of public services that the proposed building or structure complies with all the provisions of this chapter. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.
('69 Code, App. A, § 10.3-1)
§ 153.196 PLATS.
Every application for a building permit shall be accompanied by:
(A) A plat of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions, and certified, by a land surveyor or civil engineer licensed by the State of Illinois, as a true copy of the piece or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of the land.
(B) A plat drawn to scale in such form as may, from time to time, be prescribed by the director of public services, showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure or land, and other information which may be required by the director of public services for the proper enforcement of this chapter.
('69 Code, App. A, § 10.3-2)
§ 153.197 OCCUPANCY PERMITS; GENERALLY.
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 vacant on the effective date of this chapter shall be used for any purpose until a certificate of occupancy has been issued by the office of the director of public services. No change in a use, other than that of a permitted use in a district, shall be made until the certificate of occupancy has been issued by the office of the director of public services. Every certificate of occupancy shall state that the use or occupancy complies with all the provisions of this chapter.
('69 Code, App. A, § 10.4-1)
§ 153.198 APPLICATION FOR OCCUPANCY PERMIT.
Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy permit for a new use of land where no building permit is required shall be made directly to the office of the director of public services.
('69 Code, App. A, § 10.4-2)
§ 153.199 ISSUANCE OF OCCUPANCY PERMIT.
No occupancy certificate for a building or addition thereto constructed after the effective date of this chapter shall be issued until the construction has been completed and the premises inspected and certified by the office of the director of public services to be in conformity with the plans and specifications upon which the zoning certificate was based. No occupancy certificate for a building or addition thereto constructed after the effective date of this chapter shall be issued, and no addition to a previously existing building shall be occupied, until the premises have been inspected and certified by the office of the director of public services to be in compliance with all requirements of this chapter and standards that may be prescribed by the city council. Pending the issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period not to exceed 6 months from its date, during the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reason why a certificate cannot be issued, not later than 30 days after the office of the director of public services is notified in writing that the building or premises is ready for occupancy.
('69 Code, App. A, § 10.4-3)
§ 153.200 VARIATIONS; PURPOSES.
The zoning board of appeals may recommend to the city council variations of the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances set forth in § 153.203, where the board makes a finding of fact based upon the standards prescribed in § 153.202, that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
('69 Code, App. A, § 10.5-1)
§ 153.201 APPLICATION FOR VARIATION AND NOTICE OF HEARING.
(A) An application for variation shall be filed with the zoning board of appeals. The application shall contain such information as the board may, from time to time by rule, provide. Not more than 90 days after the filing of the application, a hearing shall be held on the application.
(B) Notice of the time and place of the hearing shall be published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers published in the city and a sign shall be posted at the site, not more than 30 days nor less than 15 days before the hearing. The size of the sign shall be two feet by three feet and shall be displayed or mounted in a conspicuous place facing the nearest road so as to be visible to the public. The cost of the sign shall be the responsibility of the applicant.
(C) The notices required by division (B) shall state the particular location for which the variation is requested and a brief statement of the proposed variation requested.
(‘69 Code, App. A, § 10.5-2) (amend. Ord. O-30-02, passed 8-20-02)
§ 153.202 STANDARDS FOR VARIATIONS.
(A) The zoning board of appeals shall not recommend the variation of the regulations of this chapter, as authorized in § 153.203, unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located.
(2) The plight of the owner is due to unique circumstances.
(3) The variation, if granted, will not alter the essential character of the locality.
(B) For the purpose of implementing the above rules, the board shall also, in making its determination as to whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence:
(1) The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
(2) The conditions upon which the petition for a variation is based would not be applicable, generally, to other property within the same zoning classification.
(3) The purpose of the variation is not based exclusively upon a desire to make more money out of the property.
(4) The alleged difficulty or hardship has not been created by any person presently having an interest in the property.
(5) 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.
(6) The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fires, endanger the public safety, or substantially diminish or impair property values in the neighborhood.
(C) The zoning board of appeals may recommend to the city council that the conditions and restrictions be imposed upon the premises benefited by a variation which may be necessary, to comply with the standards set forth in this section to reduce or minimize the injurious effect of the variation upon other property in the neighborhood, and better to carry out the general intent of this chapter.
('69 Code, App. A, § 10.5-3)
§ 153.203 AUTHORIZED VARIATIONS.
Variations from the regulations of this chapter may be recommended by the zoning board of appeals only in accordance with the standards set forth in § 153.202, and may be recommended in the following instances and no others:
(A) To permit any yard or setback less than the yard or setback required by the applicable regulations.
(B) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots; but in no event shall the respective area and width of the lot or lots be less than 90% of the required area and width.
(C) To permit exceptions to the height regulations imposed in this chapter.
(D) To permit exceptions to the parking regulations imposed in this chapter.
(Ord. O-17-77, passed 3-15-77)
§ 153.204 VOTE REQUIRED.
The concurring vote of 4 members of the zoning board of appeals shall be necessary to recommend any variation to the city council.
(Ord. O-29-70, passed 10-20-70)
§ 153.205 ACTION BY CITY COUNCIL.
All decisions and findings of the zoning board of appeals upon variations arrived at after hearing shall in all instances be referred to the city council with a report (containing findings of fact) and recommendations. The corporate authorities, after receiving the report and recommendation of the zoning board of appeals, and without further public hearing, may adopt by ordinance any proposed variation or may refer it back to the board for further consideration, and any proposed variation which fails to receive the approval of the zoning board of appeals shall not be passed by the corporate authorities except by the favorable vote of two-thirds of all the aldermen.
('69 Code, App. A,§ 10.5-6; amend. Ord. O-25-06, passed 8-15-06)
§ 153.206 SCOPE OF APPEALS.
An appeal may be taken to the zoning board of appeals by any person, firm, or corporation, or by any officer, department, board, or bureau aggrieved by a decision of the office of the director of public services. The appeal shall be taken within the time which shall be prescribed by the zoning board of appeals by general rule, by filing with the office of the director of public services, and with the board, a notice of appeal, specifying the grounds thereof. The director of public services shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed was taken.
('69 Code, App. A, § 10.6-1)
§ 153.207 FINDINGS ON APPEALS.
(A) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the director of public services certifies to the zoning board of appeals, 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 which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the city council or by a court of record, on application, on notice to the director of public services and zoning board of appeals, and on due cause shown.
(B) The board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties, and shall render a written decision on the appeal without unreasonable delay. The board may affirm, or may, upon the concurring vote of 5 members, reverse, wholly or in part, or modify, the order, requirement, decision, or determination, as in its opinion ought to be done, and to that end shall have all the powers of the officer from whom the appeal is taken.
(C) The director of public services shall maintain complete records of all actions of the board relative to appeals, and shall keep the proper committee of the city council informed on a current basis of the disposition of each case.
('69 Code, App. A, § 10.6-2)
§ 153.208 AMENDMENTS; AUTHORITY.
For the purposes of promoting the public health, safety, morals, comfort, and general welfare, conserving the values of property throughout the city, and lessening or avoiding congestion in the public streets and highways, the city council may, from time to time, in the manner set forth in §§ 153.209 through 153.215, amend the regulations imposed and the districts created by this chapter; provided, that in all amendatory ordinances adopted under the authority of this section due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantage of the entire city, and the uses to which property is devoted at the time of the adoption of any amendatory ordinance.
('69 Code, App. A, § 10.7-1)
§ 153.209 INITIATION OF AMENDMENT.
Amendments may be proposed by the mayor, any alderman, the director of public service, or by any interested person or other organization.
('69 Code, App. A, § 10.7-2)
§ 153.210 APPLICATION FOR AMENDMENT.
An application for an amendment shall be filed with the city clerk, in the form and accompanied by such information as required by the city council, and the application, upon receipt thereof, shall be transmitted by the city clerk to a planning and zoning commission consisting of five or more persons designated by the city council.
('69 Code, App. A, § 10.7-3) (amend. Ord. O-38-15, passed 10-6-15)
§ 153.211 HEARING ON APPLICATION.
The planning and zoning commission shall hold a public hearing on each application for an amendment at the time and place which shall be established by the board. The hearing shall be conducted, and a record of the proceedings shall be preserved in such manner as the planning and zoning commission shall by rule prescribe from time to time.
('69 Code, App. A, § 10.7-4) (amend. Ord. O-38-15, passed 10-6-15)
§ 153.212 NOTICE OF PUBLIC HEARING.
(A) Notice of the time and place of the hearing shall be published at least once in a newspaper published in the city, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers published in the city, and a sign shall be posted at the site, not more than 30 days nor less than 15 days before the hearing. The size of the sign shall be two feet by three feet and shall be displayed or mounted in a conspicuous place facing the nearest road so as to be visible to the public. The cost of the sign shall be the responsibility of the applicant.
(B) The notices required by division (A) shall state the particular location for which the amendment is requested and a brief statement of the proposed amendment requested.
(‘69 Code, App. A, § 10.7-5) (amend. Ord. O-30-02, passed 8-20-02)
§ 153.213 FINDINGS OF FACT AND RECOMMENDATION OF THE ZONING COMMISSION.
(A) After the close of the hearing on a proposed amendment, the planning and zoning commission shall make written findings of fact and shall submit the same, together with its recommendation, to the city council. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(1) Existing uses of property within the general area of the property in question.
(2) The zoning classification of property within the general area of the property in question.
(3) The suitability of the property in question for the uses permitted under the existing zoning classification.
(4) The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.
(B) The planning and zoning commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of the amendment is in the public interest and is not solely for the interest of the applicant. The planning and zoning commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this section, the R Residence District shall been considered the highest classification, and the M Manufacturing District shall be considered the lowest classification.
(C) The recommendation of the planning and zoning commission shall be based on, and limited to, the development of property as presented by the applicant, including any modification approved by the city council, and recorded on the title document subject to zoning restrictions of the city. Any basic change in the approved development proposed by the applicant or developer, such as the resizing, rearranging, or relocating of buildings or the changing of internal streets, walkways, entrances, exits, easements, or parking and loading, shall be brought to the attention of the building commissioner, who shall then inform the plan commission. The plan commission shall review the proposed changes. Changes which are not basic in the approved development, such as minor cosmetic changes, need not be reviewed by the plan commission. No basic change in the development made by the developer, as approved by the planning and zoning commission, shall be made until approval is given by the plan commission and by the city council. The proposed basic changes, if substantial, shall warrant a public hearing per §§ 153.210 through 153.214. The city council may grant changes after review by the plan commission and without a hearing if the council so desires.
('69 Code, App. A, § 10.7-6) (amend. Ord. O-22-81, passed 8-18-81; amend. Ord. O-38- 15, passed 10-6-15)
§ 153.214 ACTION BY THE CITY COUNCIL.
(A) The city council shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the planning and zoning commission on the proposed amendment.
(B) In cases where the planning and zoning commission recommends that a proposed amendment not be adopted, or in case of written protest against any proposed amendment, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, filed with the city clerk, the amendment shall not be passed, except by the favorable vote of two-thirds of all aldermen of the city.
(C) If an application for a proposed amendment is not acted upon finally by the city council within one year of the date upon which the application is filed with the city clerk, it shall be deemed to have been denied.
('69 Code, App. A, § 10.7-7) (amend. Ord. O-38-15, passed 10- 6-15)
§ 153.215 MINIMUM SIZE OF PARCEL.
A lot, lots, or parcel of land shall not qualify for a zoning amendment unless it possesses 100 feet of frontage or contains 30,000 square feet of area, or adjoins a lot, lots, or parcel of land which bears the same zoning district classification as the proposed zoning amendment.
('69 Code, App. A, § 10.7-8)
§ 153.216 SPECIAL USES, PURPOSE.
The development and execution of a zoning ordinance is based upon the division of the city into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot properly be classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land, and of the public need for the particular use at the particular location. Special uses fall into two categories:
(A) Uses publicly operated or traditionally affected with a public interest.
(B) Uses entirely private in character but of such a nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
('69 Code, App. A, § 10.8-1)
§ 153.217 INITIATION OF SPECIAL USES.
Any person having a freehold interest in land, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or an exclusive possessory interest which is specifically enforceable, may file an application to use the land for one or more of the special uses provided for in this chapter in the zoning district in which the land is situated.
('69 Code, App. A, § 10.8-2)
§ 153.218 APPLICATION FOR SPECIAL USES.
An application for a special use shall be filed with the director of public services on a form prescribed by the city council. The application shall be accompanied by such plans or data as prescribed by the council, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in § 153.221.
('69 Code, App. A, § 10.8-3)
§ 153.219 HEARING ON APPLICATION.
Upon receipt in proper form of the application and statement referred to in § 153.218, the city council shall refer such applications for hearing and recommendation to the zoning board of appeals, which shall hold a public hearing on the application, and at least 15 days in advance of the hearing shall cause notice of the time and place of such hearing to be published once in a newspaper published in the city.
('69 Code, App. A, § 10.8-4; amend. Ord. 87-10, passed 4-21-87)
§ 153.220 AUTHORIZATION.
For each application for a special use, the zoning board of appeals shall report to the city council its findings and recommendations, including the stipulations of additional conditions, and guarantees that the conditions will be complied with when they are deemed necessary for the protection of the public interest. The city council may grant or deny any application for a special use; provided, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of 20% of the frontage immediately adjoining the property proposed for a special use, or by owners of 20% of the frontage across an alley or directly opposite therefrom, filed with the city clerk, the special use shall not be granted, except by the favorable vote of two-thirds of all the aldermen of the city.
('69 Code, App. A, § 10.8-5; amend. Ord. 87-10, passed 4-21-87)
§ 153.221 STANDARDS.
No special use shall be recommended by the zoning board of appeals unless the board of appeals shall find:
(A) That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
(B) That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
(C) That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(D) That adequate utilities, access roads, drainage, or necessary facilities have been or are being provided.
(E) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(F) That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except in each instance as the regulations may be modified by the city council pursuant to the recommendation of the zoning board of appeals.
('69 Code, App. A, § 10.8-6; amend. Ord. 87-10, passed 4-21-87)
§ 153.222 PROVISIONS RELATING TO CERTAIN OFF-STREET PARKING FACILITIES.
Off-street parking facilities serving any nonresidential use in a district adjoining the R, R-1, R-2, R-3, R-4, or R-5 Dwelling Districts may be allowed as a special use in any such dwelling district, subject to the general requirements applicable to special uses under §§ 153.216 through 153.224, and to the following additional requirements:
(A) The parking facilities shall be accessory to, and for use in connection with, one or more nonresidential uses established in the adjoining district.
(B) The parking facilities shall be used solely for the parking of passenger automobiles.
(C) No commercial repair work or service of any kind shall be conducted in or upon the said facilities.
(D) No sign of any kind other than signs designating entrances, exits, and conditions of use shall be maintained in or upon the facilities.
(E) Each entrance to and exit from the parking facilities shall be at least 20 feet distant from any adjacent property located in any dwelling district, except where the ingress to the parking facilities is provided from a public alley or public way separating the residential areas from the proposed parking facilities.
(F) The parking facilities shall conform to further conditions and requirements as the city council may prescribe for the protection of properties adjacent to and in the vicinity of the proposed parking facilities.
('69 Code, App. A, § 10.8-7)
§ 153.223 CONDITIONS AND GUARANTEES.
Prior to the granting of any special use the zoning commission may recommend, the city council shall stipulate the conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use, as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in § 153.221. In all cases in which special uses are granted, the city council shall require evidence and guarantees it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.
('69 Code, App. A, § 10.8-8)
§ 153.224 EFFECT OF DENIAL OF A SPECIAL USE.
No application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the zoning commission and the city council.
(Ord. O-58-69, passed 11-18-69)
§ 153.225 REVOCATION.
In any case where a special use has not been established within one year from the date of the granting thereof, then, without further action by the zoning commission or the city council, the special use authorization shall be null and void.
('69 Code, App. A, § 10.8-10)
§ 153.226 FEES.
(A) Amendment or special use. The application for an amendment or the grant of a special use permit shall be accompanied by a fee of $100, plus the cost of any legal and engineering fees incurred by the city to review the proposed amendment.
(B) Variation. Any application requesting that a variation be granted from the terms and conditions of the zoning code involving property classified under a residential zone shall be accompanied by a fee of $200, plus the cost of legal and engineering fees and the cost of publication incurred by the city to review the proposed variation. All other applications shall be accompanied by a fee of $500.
(C) Zoning or occupancy certificate. Fees for the issuance of zoning or occupancy certificates, or in case of appeal, shall be fixed by the city council.
(D) Waiver for city. All fees shall be paid to the city treasurer. There shall be no fee, however, in case of applications filed in the public interest by the mayor, any alderman, or the director of public services.
(Ord. 0-4-9, passed 11-4-69; amend. Ord. 0-9-75, passed 1-21-75; amend. Ord. 19-86, passed 5-20-86; amend. Ord. O-22-09, passed 7-21-09; Am. Ord. O-08-10, passed 3-2-10)
(E) Annexation.
(1) An applicant for annexation of territory to the city shall pay to the city all expenses which may be incurred by the city in reviewing and considering the annexation application, including, but not limited to, engineering, legal, and publication of notice expenses.
(2) Upon receipt of an application for annexation, the planning and zoning committee shall estimate the costs to be incurred by the city and the applicant shall deposit with the city an amount equal to such estimate before the application will be considered by the city, its commissions, or agencies.
(3) If the costs incurred by the city are less than the estimate, the difference shall be refunded to the applicant. If the costs exceed the estimate, the applicant shall promptly pay the balance due to the city within seven days of the notice thereof.
(4) Upon the failure of an applicant to satisfy the requirements of this division, the city may, in addition to any other remedies provided by law, take action to disconnect the territory annexed by the city.
(Ord. 86-01, passed 1-7-86; amend. Ord. O-22-07, passed 7-17-07)
§ 153.227 REMEDIES.
In addition to other remedies, wherever provided, the city may institute any appropriate action or proceeding which may be specified under the provisions of ILCS Ch. 65, Act 5, § 11-13-15.
('69 Code, App. A, § 10.10-2)