The administration of this title is hereby vested in the following officers of the city:

The office of the zoning administrator

The plan/zoning board of appeals

The office of the secretary of the plan/zoning board of appeals

The city council

(Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

   A.   Appointment: The zoning administrator shall be appointed by the mayor with the advice and consent of the city council.

   B.   Duties Of The Zoning Administrator: The zoning administrator or his duly appointed and acting assistant shall administer and enforce this title. It shall be the duty of the zoning administrator to:

      1.   Receive and process applications for zoning certificates for structures or additions thereto for which building permits are required.

      2.   Receive and process applications for zoning certificates not accompanied by an application for a building permit.

      3.   Receive and process applications for an occupancy certificate upon the completion of a structure or when there is a change of use as herein provided.

      4.   Conduct inspections of structures or the use of land to determine whether there is compliance with this title; and, in the case of any violation, to notify in writing the person or persons responsible, specifying the nature of the violation and order a corrective action.

      5.   Maintain in current status, the official zoning map.

      6.   Maintain permanent and current records required by this title, including, but not limited to, zoning certificates, occupancy certificates, inspections, and all official action on appeals, variations, and amendments.

      7.   Prepare and submit an annual report to the corporate authorities on the administration of this title, setting forth such statistical data and information as may be of interest or value in advancing and furthering the purpose of this title.

      8.   Prepare and have available in book, pamphlet, or map form, on or before March 31 of each year:

         a.   The compiled text of the zoning ordinance, including all amendments thereto through the preceding December 31.

         b.   A zoning map or maps, showing the zoning districts, divisions, and classifications in effect on the preceding December 31. (Ord. 0-77-27, 7-18-1977)

      9.   Maintain for a distribution to the public, a supply of copies of the zoning map or maps, the compiled text of the zoning ordinance, and the rules of the plan/zoning board of appeals. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

   A.   Zoning Certificates: Unless a zoning certificate shall have been applied for and obtained from the office of the zoning administrator:

      1.   The construction, moving, remodeling, or reconstruction of any structure shall not be commenced.

      2.   The improvement of land preliminary to any use of such land shall not be commenced.

      3.   Permits pertaining to the use of land or structures shall not be issued by any official, officer, employee, department, board, or bureau of the city of Prospect Heights.

Any application for a building permit that contains the information required by this title shall be deemed an application for a zoning certificate. Any zoning certificate issued in conflict with the provisions of this title shall be null and void.

   B.   Application For Zoning Certificate: Every application for a zoning certificate shall be accompanied by the following:

      1.   The certificate of a registered architect or registered structural engineer licensed by the state of Illinois, or of an owner-designer, that the proposed construction, remodeling, or reconstruction complies with all the provisions of this title.

      2.   A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the recorded plat of such land.

      3.   A plot plan, in duplicate, drawn to scale, and in such form as may, from time to time, be prescribed by the zoning administrator, showing the location, ground area, height, and bulk of all present and proposed structures, drives and off street parking and loading spaces, the building lines in relation to lot lines, waste disposal areas, the use to be made of such present and proposed structures on the land, and such other information as may be required by the zoning administrator for the proper enforcement of this title. Applications for zoning certificates for industrial uses shall also be subject to subsection C of this section and on such applications the plot plan shall also show all structures, streets, streams, and any other significant physical features within two hundred feet (200') of the boundary of the site shown on the plot plan.

      4.   Any application for a variance, amendment or special use must be accompanied by all documentation, if any, which evidences the existence of any easements, covenants or any other private agreement applicable to the property for which such application is filed.

One copy of both the plat and the plot plan shall be retained by the zoning administrator as a public record.

   C.   Application For Zoning Certificate For Industrial Uses: All applications for a zoning certificate for the construction, moving, remodeling, or reconstruction of any structure to contain an industrial use shall be accompanied by sufficient information to enable the zoning administrator to determine that there will be compliance with all of the applicable performance standards of chapter 7 of this title at all times. At the request of the zoning administrator, the applicant shall provide, in addition to the information required under subsection B of this section, the following:

      1.   A description of the activity to be conducted in sufficient detail to indicate the extent to which the proposed operation will produce waste products, conditions, or external effects which are regulated or otherwise limited by chapter 7 of this title.

      2.   A description of the type and location of any abatement devices or recording instruments used to control or measure conformity with any of the standards set forth in chapter 7 of this title.

      3.   Such other data and certification as may reasonably be required by the zoning administrator to reach a determination with respect to whether the proposed use or structure will comply with the requirements of chapter 7 of this title.

All information and evidence submitted in an application for a zoning certificate to indicate conformity with the performance standards set forth in chapter 7 of this title shall constitute a certification and an agreement on the part of the applicant that the proposed structure or use can and will conform to such standards at all times.

   D.   Issuance Of Zoning Certificate: A zoning certificate shall be either issued or refused by the zoning administrator within fourteen (14) days after the receipt of an application therefor, or within such further period as may be agreed to by the applicant; provided, however, that the zoning administrator shall have a period of twenty one (21) days within which to issue or refuse a zoning certificate on all applications which are required to comply with the provisions of chapter 7 of this title. When the zoning administrator refuses to issue a zoning certificate, he shall advise the applicant in writing of the reasons for the refusal.

   E.   Period Of Validity: A zoning certificate shall become null and void six (6) months after the date on which it is issued unless, within such six (6) month period, construction, moving, remodeling, or reconstruction of a structure is commenced or a use is commenced.

   F.   Occupancy Certificates: No structure or addition thereto constructed, moved, remodeled, or reconstructed after the effective date hereof shall be occupied or used for any purpose and no land vacant on the effective date hereof shall be used for any other use, unless an occupancy certificate shall first have been obtained from the zoning administrator certifying that the proposed use or occupancy complies with the provisions of this title.

   G.   Application For Occupancy Certificate: Every application for a zoning certificate or building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or structure, where no zoning certificate is required, shall be filed with the zoning administrator and be in such form and contain such information as the zoning administrator shall provide by general rule.

   H.   Application For Occupancy Certificate For Industrial Uses: All applications for an occupancy certificate for any industrial use where no zoning certificate is required, shall be accompanied by sufficient information to enable the zoning administrator to determine that all the applicable performance standards of chapter 7 of this title can and will be complied with at all times. At the request of the zoning administrator, the applicant shall provide such information as is specified in subsection C of this section.

   I.   Issuance Of Occupancy Certificate: No occupancy certificate for a structure or addition thereto constructed, moved, remodeled, or reconstructed after the effective date hereof shall be issued until such work has been completed including off street parking and loading spaces, and the premises have been inspected by the zoning administrator and determined to be in full and complete compliance with the plans and specifications upon which the issuance of the zoning certificate was based. No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected by the zoning administrator and determined to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located.

Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed six (6) months from its date, pending 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 reasons why a certificate cannot be issued, within fourteen (14) days after the receipt of an application therefor, or after the zoning administrator is notified in writing that the structures or premises are ready for occupancy; provided, however, that the zoning administrator shall have a period of twenty one (21) days within which to issue or refuse an occupancy certificate on all applications which are required to comply with the provisions of this chapter.

   J.   Escrow Deposits: Whenever an application for a zoning or occupancy certificate for a new or altered industrial structure or use indicates, in the opinion of the zoning administrator, that the operations or activities to be conducted may violate the restrictions of chapter 7 of this title, the zoning administrator shall, as a condition precedent to issuing a zoning or occupancy certificate, require the deposit in escrow of not more than five hundred dollars ($500.00), to be held by the zoning administrator for a period of one year after the date that such new or altered use is commenced.

If during such one year period the zoning administrator believes there is a reasonable probability that the regulations of chapter 7 of this title are being violated, he may employ a qualified technician or technicians to perform investigations, measurements, and analyses to determine whether or not the regulations of chapter 7 of this title are, in fact, being violated and may pay his or their reasonable fees out of the aforementioned escrow deposit, regardless of the outcome of the investigation.

If the reasonable fees of such technician or technicians exceed the amount of any available escrow deposit, and if a violation of chapter 7 of this title is discovered, the fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in chapter 12 of this title. Escrow deposits or remainders of escrow deposits shall be returned to the depositors at the expiration of the escrow period.

   K.   Certificate Of Zoning Compliance For Existing Uses: The City Administrator may issue a certificate of zoning compliance certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this chapter with respect to new structures and uses. Such certificate of zoning compliance shall be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this zoning code are changed. The fee for a certificate for zoning compliance for existing uses shall be: seventy five dollars ($75.00) for residential; one hundred dollars ($100.00) for commercial. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-88-58, 11-7-1988; Ord. 18-05, 3-12-2018) 

   A.   Creation And Membership: A plan/zoning board of appeals is hereby authorized to be established. The board shall consist of a chairman and six (6) members and shall be appointed by the mayor with the consent of the city council. The board shall elect from its members an acting chairman to act whenever the chairman is absent.

When first appointed, the members of the board shall serve respectively for the following terms: one for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years, or until their respective successors have been duly appointed and qualified. The successor to each member so appointed shall serve for a term of five (5) years, or until his successor has been duly appointed and qualified. Vacancies on 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 such members. The city council may provide by resolution for the compensation of the members of the plan/zoning board of appeals.

   B.   Jurisdiction: The plan/zoning board of appeals (hereinafter referred to as "board") is hereby vested with the following jurisdiction: (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

      1.   To hear and decide appeals in which it is alleged there is an error in any order, requirement, decision, interpretation, or determination (hereinafter referred to collectively as "decision") made by the zoning administrator. (Ord. 0-77-27, 7-18-1977)

      2.   To hear and review or, in the circumstances described herein, decide, all applications for variations under the terms of this title, in the manner prescribed by and subject to the standards established herein and, where applicable, report findings of fact and recommendations to the city council. (Ord. 0-96-91)

      3.   To hear and review all applications for special uses and for text and map amendments to this title, and report findings of fact and recommendations to the city council.

      4.   To hear and report to the city council on such other matters as may be referred to the board by the city council, subject to the provisions of this title.

      5.   To hear and review or decide all other matters upon which it is authorized or required to pass under this title or the applicable Illinois statutes. (Ord. 0-77-27, 7-18-1977)

   C.   Meetings And Rules: All meetings of the board shall be held on regular meeting nights as published by the board in its rules of procedure and/or at the call of the chairman. The city administrator shall designate a staff secretary who shall attend all of its proceedings. All meetings involving applications for variations, special uses, and amendments, shall be held within sixty (60) days after receipt of application by the secretary of the board. All hearings required by this title to be conducted by the board shall be open to the public. At meetings and hearings of the board, any interested person may appear in person or by dually authorized agents or attorneys. All testimony before the board shall be given under oath. The chairman, or in the chairman's absence the acting chairman, shall administer or authorize the administration of oaths and may compel the attendance of witnesses. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact. The board shall also keep records of its hearings and other official actions. Each member is entitled to vote on each question, unless said member is absent or has disqualified himself.

Every rule, regulation, every amendment or appeal thereof, and every order, requirement, decision or determination of the board, shall immediately be filed with the secretary of the board and shall be a public record.

The board shall adopt and publish its own rules of procedure not in conflict with this title or with the Illinois statutes. The board may select or appoint such officers or committees as it deems necessary. A copy of the rules of procedure shall at all times be on file in the office of the city clerk. The minutes of the board shall be available for public examination in the office of the city clerk.

   D.   Quorum: Four (4) members of the board shall constitute a quorum. No meeting or hearing shall be conducted by the board without a quorum being present.

   E.   Decisions: The board may reverse or affirm, wholly or partly, or may modify or amend any order, requirement, decision, or determination appealed from, to the extent and in the manner the board may decide to be fitting and proper in the premises subject to the provisions contained in this title or in the applicable Illinois statutes. Any absent member of the board, who certified that he/she has read the transcript of the proceedings before the board, may vote upon any question before the board.

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator, to recommend a variation from the terms of this title, or to decide in favor of the applicant on any matter upon which the board is required to pass, under this title or any other ordinance. (Ord. 0-77-27, 7-18-1977)

   F.   Site Plan Review: The board, when evaluating any application for relief brought under section 5-10-8, 5-10-9, or 5-10-10 of this chapter, as amended, shall review the site plan, if applicable, to determine whether the site plan is compatible with the spirit and intent of the zoning ordinance and as part of its determination as to whether the applicable standards for relief are met. The board shall consider the following criteria, as applicable, in its review of any site plan:

      1.   Location Of Structures: The location of principal structures, accessory structures and freestanding signs shall be reviewed so that the location of all structures has a minimally achievable impact on surrounding properties, facilitates an aesthetically pleasing development, and will not impede safe and efficient traffic flow.

      2.   Traffic And Parking: Traffic and parking shall be reviewed so as to:

         a.   Minimize dangerous traffic movements.

         b.   Achieve efficient traffic flow in accordance with standards in the "Institute Of Traffic Engineers' Transportation And Engineering Handbook".

         c.   Provide for the optimum number of parking spaces, while maintaining city design standards.

      3.   Landscaping: Landscaping shall be reviewed so as to:

         a.   Maintain existing mature trees and shrubs to the maximum extent practicable.

         b.   Buffer adjacent incompatible uses.

         c.   Screen unsightly activities from public view.

         d.   Break up large expanses of asphalt with plant material.

         e.   Provide an aesthetically pleasing landscaping design.

         f.   Provide plant materials and landscaping designs that can withstand Prospect Heights' climate. (Ord. 0-06-49, 12-18-2006)

   A.   Appointment: The secretary of the plan/zoning board of appeals shall be appointed by the board to serve until a successor is appointed. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

   B.   Duties: The secretary shall:

      1.   Record the minutes of the board's proceedings and actions, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact.

      2.   Act as custodian of the records of the board.

      3.   Furnish members of the public with such blank forms for appeals and applications for variations, special uses, and amendments, as are approved by the board.

      4.   Receive on behalf of the board all such forms, when completed and executed by the appellant or applicant, or his agent or attorney.

      5.   Perform such other duties as may be assigned from time to time by the board. (Ord. 0-77-27, 7-18-1977)

   A.   Scope And Commencement Of Appeals: An appeal from a decision of the zoning administrator made in interpreting this title may be taken to the plan/zoning board of appeals by a person, firm, or corporation aggrieved by said decision or by any officer, department, board, or bureau of the city. Such appeals shall be taken within such time as shall be prescribed by the board by general rule, by filing with the zoning administrator a notice of appeal, specifying the grounds thereof, and by filing said appeal and copy of said notice of appeal with the secretary of the board. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

The zoning administrator shall forthwith transmit to the secretary of the board all of the papers constituting the records upon which he/she made the decision from which appeal was taken. The notice of appeal and the appeal itself shall be filed in such number of copies, be in such form, and contain such information as the board may provide from time to time by general rule. (Ord. 0-77-27, 7-18-1977)

   B.   Action On Appeal: An appeal shall stay all proceedings in furtherance of the decision appealed from unless the zoning administrator certifies to the plan/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 board or by a court of record upon application following notice to the zoning administrator, and upon due cause shown. The board shall select a reasonable time and place for the public hearing on the appeal, shall give due notice thereof to the parties having a known interest therein, and shall render a written decision without unreasonable delay. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

Upon the concurring vote of four (4) members, the board may reverse or affirm, in whole or in part, or may modify the decision from which the appeal was taken, and to that end the board shall have all the powers of the zoning administrator with respect to such decision. (Ord. 0-77-27, 7-18-1977)

   A.   Preapplication Conference: Prior to filing an application for relief under section 5-10-8, 5-10-9, or 5-10-10 of this chapter, the applicant shall first meet with the zoning administrator and any other city staff the zoning administrator deems advisable. The purpose of this preapplication conference shall be to ensure that the application is in proper form for action by the board. For routine or simple matters, the zoning administrator may waive this requirement in his or her discretion.

   B.   Application: All applications for variations, special uses, and amendments, shall be filed with the zoning administrator. Such applications shall be filed in such numbers of copies, be in such form, and contain such information as the board may prescribe from time to time.

   C.   Transmission To Board: Upon his or her determination that an application is complete and is in proper form, the zoning administrator shall transmit the application to the secretary of the board and the city clerk for action. The zoning administrator may refuse to transmit any application which is not complete and does not contain documents required by this zoning ordinance or reasonably required by the zoning administrator.

   D.   Application Deposit (Escrow Account): When payment of direct costs incurred by the City for processing an application, the applicant shall pay all outside publication, consultants' fees including City Attorney fees incurred by the City during review of the application. Each applicant shall pay to the City an amount determined by the Director of Building and Development to be setup as an escrow account to pay for review fees. The deposit typically ranges from five hundred dollars ($500.00) to ten thousand dollars ($10,000.00) depending on the scope of the project. If amounts for reviews exceed the balance in the escrow account, then the developer will be required to reimburse the account upon notice from the City. Should there be a balance remaining in the escrow account upon final completion of the development, the applicant will be refunded the remaining balance, without interest, upon request. If no request for refund is received for one year after the final completion date of the development, the remaining balance will no longer be available for refund. (Ord. 0-06-49, 12-18-2006; amd. Ord. O-18-05, 3-12-2018; Ord. O-21-33, 12-13-2021)

   A.   Authorization: The board may recommend or, where applicable pursuant to the provisions of subsection K of this section, grant such variations from the terms of this title, in harmony with their purpose and intent as will not be contrary to the public interest. Variations may be recommended or, where applicable, granted only when the board has made findings of fact, based upon the standards set out in this chapter, that owing to special conditions literal enforcement of the provisions of this title will, in an individual case, result in practical difficulties or particular hardship for the owner, lessee or occupant of land or structure. (Ord. 0-96-91)

   B.   Application For Variation: The application shall contain the following information as well as such additional information as may be prescribed by rule of the board:

      1.   The particular requirements of this title which prevent the proposed use or construction;

      2.   The characteristics of the subject property which prevent compliance with said requirements of this title;

      3.   The reduction of the minimum requirements of this title which would be necessary to permit the proposed use or construction; and

      4.   The practical difficulty or particular hardship which would result if said particular requirements of this title were applied to the subject property.

   C.   Initiation Of Variations: Variations may be proposed in writing by the owner of the subject property or his agent.

   D.   Notice Of Hearing: Public notice of such hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days before such hearing, in a newspaper published or circulated within the city of Prospect Heights. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, the legal description of the property involved, and a brief description of the relief sought. The board may give such additional notice as it may, from time to time, by rule provide. Any part in interest may appear and be heard at the hearing in person, by agent, or by attorney. (Ord. 0-77-27, 7-18-1977)

   E.   Notice To Property Owners: The petitioner for a variation shall notify all property owners within three hundred fifty feet (350'), excluding public land and rights of way, but in no event more than four hundred fifty feet (450'), in each direction of the petitioner's property lines, by certified mail or hand delivery to said property owners, of the date, hour and location of the public hearing and the variation requested. For notice to the owners of condominiums, cooperatives, or other types of common interest communities (except common interest communities made up exclusively of detached single-family homes) service upon the president or registered agent of the condominium association, cooperative, or common interest community as reflected in the records of the Illinois secretary of state, with delivery via first class U.S. mail to individual unit owners, shall be sufficient notice under this paragraph.

Such notice shall be in the same form as the published public notice and shall be mailed or delivered not less than fifteen (15) and not more than thirty (30) days prior to the date of the public hearing. The owners to be notified are such persons or entities which appear in the authentic tax records of Cook County. Proof of notification shall be submitted by the petitioner to the plan/zoning board of appeals no later than the day of the public hearing. (Ord. 0-16-12, 4-11-2016)

   F.   Standards For Variations: The plan/zoning board of appeals shall not recommend variation of the regulations of this title unless it shall make findings of fact based upon the evidence as presented that: (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

      1.   Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

      2.   Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.

      3.   The alleged hardship has not been directly created by any person presently, or a predecessor in interest, having a proprietary interest in the premises.

      4.   The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood.

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

      6.   The proposed variation will not alter the essential character of the locality.

      7.   The proposed variation is in harmony with the spirit and intent of this title.

      8.   Granting the variation requested will not confer the applicant any special privilege that is denied by this title to owners of other lands, structures, or buildings in the same district.

      9.   No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variation. (Ord. 0-77-27, 7-18-1977)

      10.   The plan/zoning board of appeals shall further make a finding that the reasons set forth in the application justify the granting of the variation, and that the variation is the minimum variation that will make possible the reasonable use of the land, building, or structure. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

The board may impose such conditions and restrictions upon the location, construction, design and use of property benefited by a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values.

Violation of such conditions and restrictions, when made part of the terms under which a variation is granted, shall be deemed a violation of this title and punishable under chapter 12, "Violations; Penalties", of this title. (Ord. 0-77-27, 7-18-1977)

   G.   Report Of Hearing: The plan/zoning board of appeals shall report on all requests for variations within fifteen (15) days of the last public hearing thereon. The concurring vote of four (4) members of the board shall be necessary to recommend a variation. A variation shall be recommended or denied by means of a conclusion or statement of relief recommended, supported by findings of fact, which statement and findings shall be transmitted to the city council within fifteen (15) days from the date of the last public hearing thereon. (Ord. 0-89-05, 2-21-1989; amd. Ord. 0-03-35, 9-15-2003)

      1.   The findings of fact shall specify the reason or reasons for recommending or denying the variation, and shall refer to any exhibits containing plans and specifications for the proposed variation which have been made part of the application or which were introduced at the public hearing as evidence.

      2.   The terms of relief recommended shall be specifically set forth in conclusion or statement separate from the findings of fact. (Ord. 8-89-05, 2-21-1989)

   H.   Action By The City Council: After receiving the recommendations and report of the plan/zoning board of appeals, the city council shall within sixty (60) days, review the recommendations and report, and may pass the proposed variation in a residentially zoned district and within one hundred eighty (180) days in all other zoning districts with or without change, may reject it, or may recommit it to the plan/zoning board of appeals for further consideration. A variation shall not be passed contrary to the recommendation of the plan/zoning board of appeals except upon a favorable vote of two-thirds (2/3) of the aldermen. (Ord. 0-04-27, 6-7-2004, eff. 6-17-2004)

   I.   Period Of Validity: No decision granting a variation shall be valid for a period longer than twelve (12) months from the date of such decision unless:

      1.   An application for a zoning certificate is obtained within such period and construction, moving, remodeling, or reconstruction is started;

      2.   An occupancy certificate is obtained and a use is commenced.

The board may recommend additional extensions of time not exceeding one hundred eighty (180) days each, upon written application made within the initial twelve (12) month period, without further notice or hearing; but said right to so extend said time shall not include the right to grant additional relief by expanding the scope of the variation.

   J.   General Intent With Respect To All Uses: With respect to uses of land, buildings, and other structures, this title is declared to be a definition of the public interest by city council, and the spirit of this title will not be observed by a variation which permits a use not generally or by special exception permitted in the district involved, or any use expressly or by implication prohibited, by the terms of this title in said district. This same restriction applies equally to the mayor and city council. (Ord. 0-77-27, 7-18-1977)

   K.   Action Of The Plan/Zoning Board Of Appeals In Certain Cases: The plan/zoning board of appeals may hear and decide petitions requesting variations from the front yard, side yard, or rear yard setback requirements contained in this title; provided, however, that the board's authority to decide such cases shall be limited to those applications requesting a variation of three feet (3') or less. The board may also hear and decide on petitions requesting the expansion of a legal nonconforming use. (Ord. 0-96-91; amd. Ord. 0-03-35, 9-15-2003)

The concurring vote of four (4) members of the board shall be necessary to effect any variation in the zoning ordinance. A variation shall be granted or denied by means of a written decision, supported by findings of fact, which decision and findings shall conform to the requirements of subsection G of this section. All of the requirements of this section pertaining to the granting of variations by the city council shall also be applicable to variations granted by the board, including, without limitation, the provisions pertaining to the authorization of variations; the application for variations; the initiation of variations; the notice of hearing to be published in the newspaper; the notice of hearing to be sent to property owners; the standards for variations; the period of validity of variations; and the general intent with respect to all uses. (Ord. 0-96-91)

   A.   Authorization: The locations, construction, extension, or structural alteration of any use for which a special use permit is required pursuant to the provisions of this title may be authorized by a permit issued by the corporate authorities, subject to the standards set forth herein, and such conditions as may be imposed pursuant to this chapter. Prior to such authorization, a public hearing shall be held and a published notice shall be given, in the manner prescribed for amendments by this title.

An enclosed arena, sports facility and entertainment complex may be authorized by a special permit issued by the corporate authorities, subject to the standards set forth herein, and such conditions as may be imposed by the city council. Such permit may include the authorization of more than one building on a zoning lot. Prior to such authorization, a public hearing shall be held and a published notice shall be given, in the manner prescribed for amendments to this title.

      1.   Planned Unit Developments: Planned unit developments, as provided for in chapter 11 of this title, shall be a special use in every zoning district of the city. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

   B.   Application For Special Use: Any person owning or having interest in the subject property may file an application to use such land for one or more of the special uses provided for in this title in the zoning district in which the land is situated.

   C.   Notice Of Hearing: The same procedure for notice of hearing as required for variations (subsection 5-10-8D of this chapter) shall be followed for special use. (Ord. 0-77-27, 7-18-1977)

   D.   Notice To Property Owners: The petitioner for a special use permit shall notify all property owners within three hundred fifty feet (350'), excluding public land and rights of way, but in no event more than four hundred fifty feet (450'), in each direction of the petitioner's property lines, by certified mail or hand delivery to said property owners, of the date, hour and location of the public hearing and the special use requested. For notice to the owners of condominiums, cooperatives, or other types of common interest communities (except common interest communities made up exclusively of detached single-family homes) service upon the president or registered agent of the condominium association, cooperative, or common interest community as reflected in the records of the Illinois secretary of state, with delivery via first class U.S. mail to individual unit owners, shall be sufficient notice under this paragraph.

Such notice shall be in the same form as the published public notice and shall be mailed or delivered not less than fifteen (15) and not more than thirty (30) days prior to the date of the public hearing. The owners to be notified are such persons or entities which appear in the authentic tax records of Cook County. Proof of notification shall be submitted by the petitioner to the plan/zoning board of appeals no later than the day of the public hearing. (Ord. 0-16-12, 4-11-2016)

   E.   Standards: No special use shall be recommended by the plan/zoning board of appeals unless said board shall find: (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

      1.   That the establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare.

      2.   That the special use will not be injurious to the use and enjoyment of other property in the community for the purposes already permitted, nor diminish and impair property values within the community.

      3.   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.

      4.   That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.

      5.   That adequate measures have been or will be taken to provide ingress or egress so designed to minimize traffic congestion in the public streets. (Ord. 0-77-27, 7-18-1977)

      6.   That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the city council pursuant to the recommendations of the plan/zoning board of appeals. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

      7.   That the area described in the petition does not lie wholly or partly in floodplain, as defined by the flood control ordinances of the city; or, if it does lie wholly or partly within the floodplain, that adequate provisions for storage, runoff control and floodwater retention, as appropriate, have been made.

   F.   Conditions And Standards: Prior to granting any special use, the board may recommend, and the city council shall stipulate, such 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 herein, or as may be from time to time required. (Ord. 0-77-27, 7-18-1977)

   G.   Report Of Hearing: Following a public hearing held before the plan/zoning board of appeals, the board shall transmit to the city council a report thereon containing its findings of fact and recommendations for action to be taken by the city council in the same manner as prescribed for a request for variation (subsection 5-10-8H of this chapter). (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

For each application for a special use, the board shall report to the city council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. (Ord. 0-77-27, 7-18-1977)

   H.   Action By The City Council: The city council may grant or deny any application for a special use. A special use shall not be granted contrary to the recommendation of the plan/zoning board of appeals except by the favorable vote of three-fifths (3/5) of the aldermen. (Ord. 0-03-40, 11-3-2003, eff. 11-13-2003)

   I.   Effect Of Denial Of A Special Use: After a public hearing, 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 said order of denial, except on the grounds of substantial new evidence of proof of changed conditions found to be valid by the plan/zoning board of appeals. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

   J.   Period Of Validity: No decision granting a special use shall be valid for a period longer than twelve (12) months from the date of such decision unless:

      1.   An application for a zoning certificate is obtained within such period and construction, reconstruction or remodeling is started.

      2.   Upon written application, filed prior to the twelve (12) month period, the city council authorizes an extension for six (6) months; or

      3.   An occupancy certificate is obtained and a use is commenced. Any lawfully established special use of a building or land shall be allowed to continue until such time as:

         a.   The authorized special use is changed, or

         b.   The authorized special use is discontinued for a period of twelve (12) months. (Ord. 0-77-27, 7-18-1977)

   A.   Authorization: The regulations imposed and districts created by this title may be amended by ordinance from time to time in the manner provided by this title and the applicable Illinois statutes. (Ord. 0-77-27, 7-18-1977)

   B.   Initiation Of Map And Text Amendments: Text amendments may be proposed in writing by the city council, the plan/zoning board of appeals, by any person having proprietary interest in the property in the city, or by any interested citizen of the city.

Map amendments may be proposed by the owner of the property involved, by the city council, by the plan/zoning board of appeals, or by other city officials.

   C.   Standards For Map And Text Amendments: No map or text amendments shall be recommended by the plan/zoning board of appeals unless said board shall find: (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

      1.   That the net impact of the proposed amendment, if granted, will be beneficial to the entire community and will not be harmful to the local area in particular.

      2.   That a need exists for the general type of use proposed and that the specific proposal will indeed satisfy it more closely than the other possible uses.

      3.   That the use proposed is compatible with the current comprehensive land use plan of the city of Prospect Heights, in effect on the date of the application.

      4.   That the proposed use is compatible and harmonious with uses in the surrounding general area. (Ord. 0-77-27, 7-18-1977)

      5.   That the area described in the petition does not lie wholly or partly in the floodplain as defined by the Illinois department of transportation, division of water resources, or, if it does lie wholly or partly within the floodplain, that adequate provisions for storage, runoff control and floodwater retention, as appropriate, have been made or can be made. (Ord. 0-89-25, 6-5-1989)

   D.   Notice Of Hearing: Public notice of such hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days before such hearing, in a newspaper published within the city of Prospect Heights. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, legal description of the property involved, and a brief description of the proposed amendment. The board may give such additional notice as it may, from time to time, by rule provide. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney. (Ord. 0-77-27, 7-18-1977)

   E.   Notice To Property Owners: The petitioner for a map amendment shall notify all property owners within three hundred fifty feet (350'), excluding public land and rights of way, but in no event more than four hundred fifty feet (450'), in each direction of the petitioner's property lines, by certified mail or hand delivery to said property owners, of the date, hour and location of the public hearing and the map amendment requested. For notice to the owners of condominiums, cooperatives, or other types of common interest communities (except common interest communities made up exclusively of detached single-family homes) service upon the president or registered agent of the condominium association, cooperative, or common interest community as reflected in the records of the Illinois secretary of state, with delivery via first class U.S. mail to individual unit owners, shall be sufficient notice under this paragraph.

Such notice shall be in the same form as the published public notice and shall be mailed or delivered not less than fifteen (15) and not more than thirty (30) days prior to the date of the public hearing. The owners to be notified are such persons or entities which appear in the authentic tax records of Cook County. Proof of notification shall be submitted by the petitioner to the plan/zoning board of appeals no later than the day of the public hearing. (Ord. 0-16-12, 4-11-2016)

   F.   Report Of Hearing: The plan/zoning board of appeals shall report on all requests for amendments within fifteen (15) days of the last public hearing thereon. The concurring vote of four (4) members of the board shall be necessary to recommend an amendment. An amendment shall be recommended or denied by means of a conclusion or statement of relief recommended, supported by findings of fact, which statement and findings shall be transmitted to the city council within fifteen (15) days from the date of the last public hearing thereon. (Ord. 0-89-05, 2-21-1989; amd. Ord. 0-03-35, 9-15-2003)

      1.   The findings of fact shall specify the reason or reasons for recommending or denying the amendment, and shall refer to any exhibits containing plans and specifications for the proposed amendment which have been made part of the application or which were introduced at the public hearing as evidence.

      2.   The terms of relief recommended shall be specifically set forth in conclusion or statement separate from the findings of fact. (Ord. 0-89-05, 2-21-1989)

   G.   Action By The City Council: After receiving the recommendations and report of the plan/zoning board of appeals, the city council shall within sixty (60) days, review the recommendations and report, and may pass the proposed amendment in a residentially zoned district, and within one hundred eighty (180) days in all other zoning districts with or without change, may reject it, or may recommit it to the plan/zoning board of appeals for further consideration. An amendment shall not be passed contrary to the recommendation of the plan/zoning board of appeals except upon a favorable vote of two-thirds (2/3) of the aldermen. (Ord. 0-04-27, 6-7-2004, eff. 6-17-2004)

All applications for zoning certificates and occupancy certificates shall be filed with the city clerk, who shall transmit all such applications with pertinent documents to the zoning administrator. (Ord. 0-77-27, 7-18-1977)

All applications for variations, amendments, and special uses shall be filed with the zoning administrator who shall forward a copy of same to the secretary of the plan/zoning board of appeals and the city clerk without delay. The applications shall be filed in such number of copies, to be in such form and contain such information as the board may prescribe from time to time. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

All hearings before the plan/zoning board of appeals shall be conducted as set forth in this title and in the rules of practice and procedure of the board. Such rules and procedures are attached to ordinance 0-77-27 as an appendix. In addition, all parties who desire to oppose in whole or in part the proposed action(s) may do so in person or through an attorney at the public hearing, and in addition may file written objections based upon testimony adduced at such hearings no later than seven (7) days following the final hearing on the requested action(s).

The plan/zoning board of appeals shall consider such written objections, provided that they are competent and relevant, submitted prior to the seventh day following the final hearing on the action(s) requested, and are filed with the secretary of the plan/zoning board of appeals in the proper number and form as the board may specify. The board shall provide copies of such objections to the applicant(s)/requestor(s). (Ord. 0-96-64; amd. Ord. 0-03-35, 9-15-2003)

(Ord. 0-08-01, 1-22-2008)

Any person, firm, corporation, or agent, who shall file an application for amendment or application for an appeal, variation, or special use, or for any other certificate, or license or permit required under the terms of this title, shall be charged a fee in accordance with the schedule below: