Pinckneyville City Zoning Code

ZONING PROCEDURES

REQUIREMENTS AND ENFORCEMENT

§ 154.030 GENERAL REQUIREMENTS.

(A) Information provided to the Zoning Administrator and Zoning Board of Appeals must be truthful and accurate to the best knowledge of the applicant. Knowingly providing inaccurate, false or misleading information may result in immediate suspension of the process in consideration, or revocation of permits issued under such pretense and corrective action orders requiring cessation of or removal of uses or structures permitted under these conditions.

(B) The Zoning Administrator shall verify that all applications are properly completed and shall promptly transmit applications to the Zoning Board of Appeals for consideration at the next meeting that permits compliance with the public notification requirements.

(Ord. O-2014-06, passed 8-11-14)

§ 154.031 INITIAL CERTIFICATE OF ZONING COMPLIANCE.

Upon the effective date of this chapter no lot shall be created, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated or reconstructed until an initial certificate of zoning compliance has been issued.

(Ord. O-2014-06, passed 8-11-14)

§ 154.032 APPLICATION FOR INITIAL CERTIFICATE OF ZONING COMPLIANCE.

Every applicant for an initial certificate of zoning compliance shall submit to the Zoning Administrator, in graphic and narrative form on forms provided by the Zoning Administrator, the items of information listed below. The Zoning Administrator shall decide if any items are not applicable. The Zoning Administrator shall promptly review and pass upon said application. Items of information:

(A) Name and address of the applicant;

(B) Name and address of the owner or operator of the proposed lot, structure, or use, if different from division (A);

(D) Location of the proposed lot, use or structure, and its relationship to adjacent lots, uses or structures;

(E) Area and dimensions of the site for the proposed finished grade;

(F) Height and setbacks of the proposed structure;

(G) Number and size of proposed dwelling units, if any;

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

(I) Identification and location of all existing or proposed utilities, whether public or private; and/or

(J) Any other pertinent information that the Zoning Administrator may require.

(Ord. O-2014-06, passed 8-11-14)

§ 154.033 INITIAL CERTIFICATE OF ZONING COMPLIANCE DURATION.

Initial certificates of zoning compliance shall be valid for one year, or until revoked for failure to abide by a corrective action order. The Zoning Administrator may renew initial certificates of zoning compliance for successive one year periods upon written request, provided the applicant is making a good faith effort to complete the authorized work.

(Ord. O-2014-06, passed 8-11-14)

§ 154.034 INITIAL CERTIFICATE OF ZONING COMPLIANCE IN RELATION TO A BUILDING PERMIT.

No building permit will be issued prior to or without presentation of an initial certificate of zoning compliance.

(Ord. O-2014-06, passed 8-11-14)

§ 154.035 FINAL CERTIFICATE OF ZONING COMPLIANCE.

No lot, or part thereof, recorded or developed after the effective date of this chapter, and no structure or use, or part thereof, that has been erected, enlarged, altered, relocated or reconstructed after the effective date of this chapter shall be used, occupied or put into operation until a final certificate of zoning compliance has been issued. A final certificate of zoning compliance shall not be issued until the Zoning Administrator has determined, by inspection, that the work authorized by the initial certificate of zoning compliance has been completed in accordance with an approved plan. Failure to obtain a final certificate of zoning compliance shall constitute a separate violation of this chapter.

(Ord. O-2014-06, passed 8-11-14)

§ 154.036 SPECIAL USE PERMIT.

This chapter divides the city into various districts and permits in each district, as a matter or right, only those uses which are clearly compatible with one another. Certain other uses, because of their special operations or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, matter of operation, and other factors. Such special uses require careful case-by-case review to determine if compatibility can be achieved, and may be allowed upon application, public hearing, and approval as herein provided. Special use permits shall be effective for an unlimited period of time provided that the special use is made at all times in compliance with the terms of any stipulations and conditions established upon issuance of the special use permit. In the event the special use at any time fails to comply with any permit stipulation or condition, the special use permit may be terminated as hereinafter provided.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2017-13, passed 5-22-17; Am. Ord. O-2018-06, passed 2-26-18; Am. Ord. O-2020-28, passed 10-26-20)

§ 154.037 APPLICATION FOR SPECIAL USE PERMIT.

Every applicant for a special use permit shall submit to the Zoning Administrator, on forms provided by the Zoning Administrator, the items of information listed below. (Every special use permit application shall additionally be filed with the Perry County Soil and Water Conservation District as per state law (see ILCS Ch. 70, Act 405, § 22.02a) and with the City Clerk of Pinckneyville, Illinois. The Zoning Administrator shall, promptly transmit the completed application, and any comments or recommendations he or she deems appropriate, to the Zoning Board of Appeals. (Note: $150 filing fee required.)

(A) Name and address of the applicant;

(B) Name and address of the owner or operator of the proposed structure or use, if different from the applicant;

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

(D) Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;

(E) Area and dimensions of the site for the proposed structure or use;

(F) Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

(G) Height and setbacks of the proposed structure;

(H) Number and size of proposed dwelling units, if any;

(I) Number and location of proposed parking/loading spaces and access ways;

(J) Identification and location of all existing or proposed utilities, whether public or private; and/or

(K) Any other pertinent information that the Zoning Administrator and Zoning Commission may require.

(Ord. O-2014-06, passed 8-11-14)

§ 154.038 PUBLIC HEARING AND NOTICE OF SPECIAL USE PERMIT.

The Zoning Board of Appeals shall hold a public hearing on every special use permit application within a reasonable time after said application is submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice of the hearing shall be given not more than 30 nor less than 15 days before the hearing:

(A) By first class mail to the applicant and to all parties whose properties are within 250 feet of the property for which the special use permit is sought; and

(B) By publication in a newspaper of general circulation within the city.

(Ord. O-2014-06, passed 8-11-14)

§ 154.039 SPECIAL USE PERMIT NOTICE CONTENTS.

The notice of a public hearing for a special use permit shall include the following information:

(A) Date, time and place of hearing.

(B) Nature of the proposed special use.

(Ord. O-2014-06, passed 8-11-14)

§ 154.040 ZONING COMMISSION ADVISORY REPORT OF SPECIAL USE PERMIT.

(A) After the hearing on the application for a special use permit, the Zoning Board of Appeals shall render its decision after considering the following factors.

(1) Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;

(2) Whether the proposed special use is consistent with the city’s Comprehensive Plan;

(3) Whether the proposed special use design is adequately compatible with adjacent land uses;

(4) The effect the proposed special use would have on the value of neighboring properties and on the city’s overall tax base;

(5) The effect the proposed special use would have on public utilities and on traffic routes and nearby streets; and

(6) Whether there are any facilities near the proposed special use (e.g. schools, hospitals, etc.) that require special protection or consideration.

(B) Copies of the decision shall be mailed by first class mail to the applicant and to all parties who appeared at the hearing and requested copies of the decision.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.040.A TERMINATION OF SPECIAL USE PERMIT.

(A) If at any time a special use fails to comply with the terms of a special use permit, including compliance with any stipulations or conditions established at the time the special use permit is issued, the special use shall be promptly restored to compliance or, if not restored, may be terminated as hereinafter provided.

(B) In the event any special use is determined to be in violation of the terms and conditions of an existing special use permit, the Zoning Administrator shall notify the permit holder and the property owner in writing specifying the nature of the violation and shall allow the permit holder and property owner a 14 day period in which to abate the violation and restore the use as permitted. The Zoning Administrator may extend the period for abatement for a reasonable period of time in the event abatement is commenced within the 14 day period but cannot reasonably be completed within the 14 day period. The abatement shall be promptly completed and the permit holder and property owner shall notify the zoning administrator when all action has been completed to abate the violation.

(C) If the violation has not been abated within the 14 day period after notice, or within such additional time as may be allowed by the Zoning Administrator, the Zoning Administrator shall arrange for a public hearing before the Zoning Board of Appeals to determine whether the special use permit should be terminated or modified. The Zoning Administrator shall give the permit holder and property owner not less than ten days notice of the date, time and place of the public hearing and the permit holder and property owner shall be allowed an opportunity at the hearing to show cause why the special use permit should not be terminated. In determining whether a special use permit should be terminated or modified, the Zoning Board of Appeals shall consider whether the special use violates the terms and conditions of the existing special use permit and may also consider the factors set forth in § 154.040.

(d) Within 30 days after the public hearing, the Zoning Board of Appeals shall issue a decision on whether the special use permit shall be terminated or modified. In the event a special use permit is terminated, the permit holder and property owner shall immediately terminate any use which is not permissible not authorized in compliance with city zoning ordinances. In the event of a termination of the special use permit, the permit holder and property owner may not reapply for a special use permit for the same property within 180 days of the permit termination. If a special permit use is modified after hearing, the permit holder and property owner shall immediately comply with the permit as modified.

(Ord. O-2017-13, passed 5-22-17)

§ 154.041 APPEAL OF SPECIAL USE PERMIT DECISION TO CITY COUNCIL.

Every applicant or interested party who appeared at the hearing may appeal the decision of the Zoning Board of Appeals to the City Council as hereinafter provided.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.042 TEMPORARY USE PERMIT.

Temporary use permits will essentially be treated the same as special use permits. Of particular concern shall be the length of time requested for the permit. Temporary use permits shall in no circumstance be issued for more than one year. Temporary uses extending beyond one year must reapply to renew the permit prior to its termination. It shall be the responsibility of the permit holder to initiate reapplication.

(Ord. O-2014-06, passed 8-11-14)

§ 154.043 APPLICATION FOR TEMPORARY USE PERMIT.

Every applicant for a temporary use permit shall submit to the Zoning Administrator, on forms provided by the Zoning Administrator, the items of information listed below. The Zoning Administrator shall promptly transmit the completed application and any comments or recommendation deemed appropriate, to the Zoning Board of Appeals. (Note: $25 filing fee required)

(A) Name and address of the applicant;

(B) Name and address of the owner or operator of the proposed structure or use, if different from the applicant;

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

(D) Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;

(E) Area and dimensions of the site for the proposed structure or use;

(F) Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

(G) Height and setbacks of the proposed structure;

(H) Number and size of proposed dwelling units, if any;

(I) Number and location of proposed parking/loading spaces and access ways;

(J) Identification and location of all existing or proposed utilities, whether public or private; and/or

(K) Any other pertinent information that the Zoning Administrator and Zoning Board of Appeals may require.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.044 PUBLIC HEARING AND NOTICE OF TEMPORARY USE PERMIT.

The Zoning Board of Appeals shall hold a public hearing on every temporary use permit application within a reasonable time after said application is submitted to them. At the hearing any interested person may appear and testify, either in person or by duly authorized agent or attorney. Notice of the hearing, specifying the date, time, and place of hearing and nature of proposed temporary use, shall be given not more than 30 nor less than 15 days before the hearing:

(A) By first class mail to the applicant and to all parties whose properties are within 250 feet of the property for which the temporary use permit is sought; and

(B) By publication in a newspaper of general circulation within the city.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.045 TEMPORARY USE PERMIT DECISION BY ZONING BOARD OF APPEALS.

Within a reasonable time after the hearing on the application for a temporary use permit, the Zoning Board of Appeals shall render its decision. Every applicant for a temporary use permit or interested party who appeared at the hearing may appeal the decision of the Zoning Board of Appeals to the City Council as hereinafter provided.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.046 VARIANCE.

A variance is a relaxation of the strict application of the lot size, setbacks, or other area-bulk requirements of this chapter that are applicable to a particular lot or structure. Every request for a variance shall be treated in accordance with Illinois law (see ILCS Ch. 65, Act 5, § 11-13-5, ILCS Ch. 65, Act 5, § 11-13-6, ILCS Ch. 65, Act 5, § 11-13-7, ILCS Ch. 65, Act 5, § 11-13-7a) and the provisions of this section. Variances do not apply to desired relief in land uses.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.047 APPLICATION FOR VARIANCE.

Every applicant for a variance shall submit to the Zoning Administrator, on forms provided by the Zoning Administrator, the items of information listed below. The Zoning Administrator shall promptly transmit the completed application to the Zoning Board of Appeals together with any recommendations or comments the Zoning Board of Appeals may deem appropriate for their review and consideration.

(A) Name and address of the applicant;

(B) Location of the lot or structure for which the variance is sought;

(D) Specific section(s) of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and

(E) Other pertinent information that the Zoning Administrator may deem appropriate.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.048 PUBLIC HEARING AND NOTICE OF VARIANCE.

The Zoning Board of Appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them. At the hearing any interested party (including any school or other taxing district in which the property in question is located) may appear and testify, either in person or by duly authorized agent or attorney. Notice of the hearing shall be given not more than 30 nor less than 15 days before the hearing:

(A) By first class mail to the applicant and to all parties whose properties are within 250 feet of the property for which the variance is sought; and

(B) By publication in a newspaper of general circulation within the city.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.049 VARIANCE NOTICE CONTENTS.

The notice of a public hearing on a variance request shall include the following information:

(A) Date, time and place of said hearing;

(B) Name and address of the applicant;

(C) the particular location of the real estate for which the variation is requested by street address, and, if no street address, then by locating such real estate with reference to any well-known landmark, road or intersection;

(D) Whether or not the applicant is acting for himself or in the capacity of agent or representative of a principal, and stating the name and address of the true principal;

(E) Whether the applicant is a corporation, and if a corporation, the correct names and addresses of all officers and directors, and of all stockholders or shareholders owning any interest in excess of 20% of all outstanding stock of such corporation;

(F) Whether the applicant or his principal, if other than the applicant, is a business or entity doing business under an assumed name, and if so, the name and address of all true owners of such business or entity;

(G) Whether the applicant is a partnership, joint venture, syndicate or an unincorporated voluntary association, and, if so, the names and addresses of all partners, joint venturers, syndicate members or members of the unincorporated voluntary association; and

(H) A brief statement describing the proposed variance.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.050 ZONING BOARD OF APPEALS DECISION ON VARIANCE.

Within a reasonable time after public hearing on the application for a variance, the Zoning Board of Appeals shall render its decision after considering the following factors:

(A) The proposed variance is consistent with the general purpose of this chapter;

(B) The proposed variance does not involve a use of land not permitted in the zone district;

(C) Strict application of the district requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;

(D) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;

(E) The plight of the applicant is due to circumstances not from his own making;

(F) The circumstances engendering the variance request are peculiar and not applicable to other property within the district and, therefore, that a variance would be a more appropriate remedy than an amendment (re-zoning); and

(G) The variance, if granted, will not alter the essential character of the area where the premises in question are located nor materially frustrate implementation of the city’s Comprehensive Plan.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.051 APPEAL OF ZONING BOARD OF APPEALS DECISION TO CITY COUNCIL.

Every applicant or interested party who appeared at any hearing held and conducted by the Zoning Board of Appeals may appeal the decision of the Zoning Board of Appeals to the City Council by filing a notice of appeal with the Zoning Administrator within 30 days of the date of the decision specifying with particularity of the grounds for appeal. Not more than five working days after the notice of appeal has been filed, the Zoning Administrator shall transmit the notice of appeal to the Zoning Board of Appeals and the City Council together with all records pertinent to the case. The appeal hearing before the City Council shall be set by the Mayor for hearing at a regularly scheduled City Council meeting to be held not less than 15, nor more than 45 days from the date of the notice of appeal. Pending the decision of the City Council on any appeal, the Mayor may by written notice to the interested parties stay the effective date of the decision appealed from if the Mayor determines a stay is necessary or appropriate to achieve a fair and just outcome. Every interested party who appeared at the hearing before the Zoning Board of Appeals may appear before the Council and present arguments for affirming, reversing, or modifying the decision of the Zoning Board of Appeals, provided that no evidence which was not presented to the Zoning Board of Appeals shall be introduced. The City Council shall render a decision on the appeal within a reasonable time after the appeal hearing. The City Council may affirm or reverse and hold apart or may modify or amend the decision of the Zoning Board of Appeals to the extent and the manner that it deems appropriate. The decision of a majority of the City Council shall be final. Copies of the decision shall be mailed by first class mail to the applicant and to all parties who appeared at the appeals hearing before the City Council and requested copies of the decision. The decision of the City Council shall constitute a final decision of an administrative agency rendered in respect to the matter appealed.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15; Am. Ord. O-2020-28, passed 10-26-20)

§ 154.052 FILING FEES.

By resolution, the City Council has established and may periodically amend, a schedule of fees as indicated below for the various permits and procedures listed in this chapter. Said fees are intended to defray the administrative costs connected with the processing/conducting of such permits or procedures; the fees do not constitute a tax or other revenue-raising device. All such fees are non-refundable and shall be paid by the applicant to the City Clerk. A current schedule of fees shall be maintained in the Zoning Administrator’s office and on file with the City Clerk.

(A) Initial/final certificate of zoning compliance application: $25.

(B) Sign permit: $75.

(D) Temporary use permit application: $150.

(E) Variance application: $150.

(F) Appeals: $150.

(G) All first class letters sent for special use, temporary use, appeal, amendments or variance requests: postage + ad + $1.50 per letter.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.053 CORRECTIVE ACTION ORDER.

Whenever the Zoning Administrator finds, by inspection or otherwise, that any lot, structure or use, or work thereon, is in violation of this chapter, he or she shall so notify the responsible party and order appropriate corrective action. At the discretion of the Zoning Administrator, either informal or formal corrective action orders shall be issued. Informally, the Enforcement Officer may communicate the violation to the responsible party and, within the terms of this chapter, negotiate appropriate corrective actions. Should informal attempts to achieve corrective actions prove unsuccessful, the Zoning Administrator shall formally issue a corrective action order in writing and shall have the Enforcement Officer deliver the order to the responsible party.

(Ord. O-2014-06, passed 8-11-14)

§ 154.054 CONTENTS OF CORRECTIVE ACTION ORDER.

The written corrective action order shall negate any previously negotiated arrangements and shall include:

(A) A description of the premises sufficient for identification;

(B) A statement indicating the nature of the violation;

(D) The date by which the violation must be corrected;

(E) A statement that the alleged violator is entitled to a conference with the Zoning Administrator if desired;

(F) The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for filing; and

(G) A statement that failure to obey a corrective action order shall result in revocation of the certificate of zoning compliance and may result in the imposition of fines and criminal prosecution.

(Ord. O-2014-06, passed 8-11-14)

§ 154.055 SERVICE OF CORRECTIVE ACTION ORDER.

A corrective action order shall be deemed properly served upon the owner, occupant or operator of the offending lot, structure or use if it is:

(A) Served upon the offender personally;

(B) Sent by registered mail to the offender’s last known address; or

(Ord. O-2014-06, passed 8-11-14)

§ 154.056 CORRECTIVE ACTION ORDER IN RELATION TO A STOP ORDER.

Whenever any work is being done in violation of this chapter, the Zoning Administrator, Zoning Commission, or the Enforcement Officer may state that the violation must cease immediately. In such case, the corrective action order is equivalent to a stop order.

(Ord. O-2014-06, passed 8-11-14)

§ 154.057 APPEALS.

Any person aggrieved by any zoning decision or order in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the Zoning Board of Appeals. Every such appeal shall be made and treated in accordance with Illinois law, see ILCS Ch. 65, Act 5, § 11-12-13, and the provisions of this section.

(Ord. O-2014-06, passed 8-11-14)

§ 154.058 FILING OF APPEALS.

Every appeal shall be made within 45 days of the matter complained of by filing with the Zoning Administrator, Zoning Board of Appeals and City Council a written notice specifying the grounds for appeal. Not more than five working days after the notice of appeal has been filed, the Zoning Administrator shall transmit to the Zoning Board of Appeals all records pertinent to the case.

(Ord. O-2014-06, passed 8-11-14)

§ 154.059 PUBLIC HEARING AND NOTICE OF APPEALS.

The Zoning Board of Appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal notice. At the hearing any interested party (including any school or other taxing district in which the property in question is located) 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 briefly describing the issue to be decided shall be given not more than 30 nor less than 15 calendar days before the hearing:

(A) By first class mail to the petitioner and to all parties whose properties are within 250 feet of the premises to which the appeal pertains;

(B) By publication in a newspaper of general circulation within the city.

(Ord. O-2014-06, passed 8-11-14)

§ 154.060 APPEALS STAY OF FURTHER PROCEEDINGS.

An appeal stays all further action on the matter being appealed unless there exists sufficient evidence that a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Zoning Board of Appeals or a circuit court grants a restraining order for due cause, and so notifies the Zoning Board of Appeals.

(Ord. O-2014-06, passed 8-11-14)

§ 154.061 DECISION BY ZONING BOARD OF APPEALS.

The Zoning Board of Appeals shall render a decision on the appeal within a reasonable time after the hearing. The Zoning Board of Appeals may reverse or affirm, in whole or in part, or may modify or amend the decision or order appealed to the extent and in the manner that it deems appropriate.

(Ord. O-2014-06, passed 8-11-14)

§ 154.062 AMENDMENTS, GENERALLY.

The Zoning Board of Appeals may amend this chapter in accordance with state law (ILCS Ch. 65, Act 5, § 11-13-14) and the provisions of this section. Proposed alterations of district boundaries, proposed rezoning, proposed changes in the status of uses (permitted, special, temporary or prohibited) and proposed text changes shall be deemed proposed amendments. Amendments may be proposed by City Council, Zoning Commission, the Zoning Administrator or Board of Appeals or any party in interest.

(Ord. O-2014-06, passed 8-11-14)

§ 154.063 FILING OF AMENDMENTS.

Every proposal to amend this chapter shall be submitted to Zoning Board of Appeals on forms provided by the Zoning Administrator and shall include information the Zoning Board of Appeals considers necessary to allow the Zoning Board of Appeals and the City Council to make an informed decision. The applicant proposing an amendment shall also file a copy of this proposal with the City Clerk. The Zoning Board of Appeals shall promptly transmit copies of the proposal, together with any comments or recommendations it deems appropriate to the City Council.

(Ord. O-2014-06, passed 8-11-14)

§ 154.064 PUBLIC HEARING AND NOTICE OF AMENDMENT PROPOSAL.

The Zoning Board of Appeals shall hold a public hearing on every amendment proposal within a reasonable time after the proposal has been submitted. At the hearing, any interested party (including any school or other taxing district in which the property in question is located) may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the public hearing and the nature of the proposed amendment shall be given not more than 30 nor lessthan 15 calendar days before the hearing:

(A) By first class mail to the applicant and to all parties whose properties are within 250 feet of the property that would be rezoned (in the case of rezoning); and

(B) By publication in a newspaper of general circulation with in the city.

(Ord. O-2014-06, passed 8-11-14)

§ 154.065 ADVISORY REPORT OF AMENDMENT PROPOSAL.

Within 30 days after the public hearing, the Zoning Board of Appeals shall submit an advisory report to the City Council. Said advisory report shall include a recommendation regarding adoption of the proposed amendment, and the reasons therefore. If the proposed amendment involves a rezoning, the advisory report shall include findings of fact concerning each of the following matters:

(A) Existing use(s) and zoning of the property in question;

(B) Existing use(s) and zoning of other lots in the vicinity of the property in question;

(D) Suitability of the property in question for the proposed use;

(E) The trend of development in the vicinity of the property in question, including changes (if any) which have occurred since the property was initially zoned or last rezoned;

(F) The effect the proposed rezoning would have on implementation of the City's Comprehensive Plan.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15; Am. Ord. O-2023-07, passed 5-22-23)

§ 154.066 ACTION ON AMENDMENT PROPOSAL.

The City Council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the Zoning Board of Appeals’ advisory reports. Without further public hearing, the City Council may pass any proposed amendment or refer it back to the Zoning Board of Appeals for further consideration, by simple majority vote of all members then holding office. The favorable vote of at least 2/3 of all the members of the Zoning Board of Appeals is required to pass an amendment to this chapter when opposed in writing by the owners of 20% of the frontage immediately adjoining or across an alley there from, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.067 EMERGENCY MEASURES.

Notwithstanding any other provisions of this chapter, whenever the Zoning Administrator, Zoning Board of Appeals Chairperson, or the Enforcement Officer determines that any violation of this chapter poses an imminent peril to life or property, he or she may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

(Ord. O-2014-06, passed 8-11-14)

§ 154.068 COMPLAINTS.

Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Zoning Administrator. The Zoning Administrator shall record such complaints, promptly investigate, and, if necessary, institute appropriate corrective action.