(a)

Office established, etc. The office of zoning administrator of this municipality is hereby established. The zoning administrator shall be the executive head of this office. With the consent of the council, the administrator may appoint such other employees as he deems necessary to carry out the duties of this office.

(b)

Duties. The zoning administrator is hereby authorized and directed to administer and enforce the provisions of this chapter. This board's responsibility encompasses, but is not limited to, the following specific duties:

(1)

To review and pass upon applications for initial and final certificates of zoning compliance.

(2)

To inspect land, structures, and uses to determine compliance with this chapter, and where there are violations, to initiate appropriate corrective action.

(3)

To review and forward to the zoning board of appeals all applications for variance and appeals.

(4)

To review and forward to the municipal planning commission all applications for special use permits, temporary use permits, and amendments.

(5)

To maintain up-to-date records of this chapter including, but not limited to, district maps, certificates of zoning compliance, special use permits, temporary use permits, variances, interpretative decisions of the board of appeals, amendments, and all applications related to any of these matters.

(6)

To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matters to the planning commission at least once each year.

(7)

To annually publish copies of this chapter (including the district map) and any amendments thereto.

(8)

To provide information to the general public on matters related to this chapter.

(9)

To perform such other duties as the council may from time to time prescribe.

(Ord. No. 82-14, § 8-1, 7-19-82)

Cross reference— City officers and employees generally, § 2-56 et seq.

Upon the effective date of Ordinance No. 82-14, no land shall be developed, no new use or structure shall be established or erected, and no existing use of structure shall be enlarged, extended, altered, relocated, or reconstructed until an initial certificate of zoning compliance has been issued. The administrator shall not issue an initial certificate of zoning compliance unless, following consultation with technically qualified persons as necessary, he determines that the proposed work conforms to the applicable provisions of this chapter.

(Ord. No. 82-14, § 8-2, 7-19-82)

Every applicant for an initial certificate of zoning compliance shall submit to the administrator, in graphic and/or narrative form, all the items of information listed below that are applicable to the particular project. The administrator shall decide which items are applicable. (See also section 23-43, "schedule of fees"):

(1)

Name and address of applicant.

(2)

Name and address of the owner or operator of the proposed structure or use, if different from (1).

(3)

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

(4)

Location of the proposed use or structure, and its relationship to existing adjacent uses or structures.

(5)

Area and dimensions of the site for the proposed structure or use.

(6)

Existing topography of the site (USGS ten-foot contour data is acceptable), and proposed finished grade.

(7)

Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area.

(8)

Height and setbacks of the proposed structure.

(9)

Number and size of proposed dwelling units, if any.

(10)

Location and number of proposed parking/loading spaces and accessways.

(11)

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

(12)

Any other pertinent information that the administrator may require.

(Ord. No. 82-14, § 8-2.1, 7-19-82)

Initial certificates of zoning compliance shall be valid for one (1) year, or until revoked for failure to abide by a corrective action order. The 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. No. 82-14, § 8-2.2, 7-19-82)

Upon the effective date of Ordinance No. 82-14, the building commissioner shall not issue any building permit for the erection, enlargement, extension, alteration, or reconstruction of any structure unless the applicant for such permit presents to the commissioner a copy of the initial certificate of zoning compliance pertaining to such work.

(Ord. No. 82-14, § 8-2.3, 7-19-82)

No lot or part thereof recorded or developed after the effective date of Ordinance No. 82-14, and no structure or use, or part thereof, that has been erected, enlarged, altered, relocated, or reconstructed after such date shall be used, occupied, or put into operation until a final certificate of zoning compliance has been issued. The administrator shall not issue a final certificate of zoning compliance until he has determined, by inspection, that the work authorized by the initial certificate of zoning compliance has been completed in accordance with approved plans. Failure to obtain a final certificate of zoning compliance shall constitute a separate violation of this chapter.

(Ord. No. 82-14, § 8-3, 7-19-82)

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 shall so notify the responsible party, and shall order appropriate corrective action.

(Ord. No. 82-14, § 8-4, 7-19-82)

The order to take corrective action issued pursuant to section 23-37 shall be in writing and shall include:

(1)

A description of the premises sufficient for identification.

(2)

A statement indicating the nature of the violation.

(3)

A statement of the remedial action necessary to effect compliance.

(4)

The date by which the violation must be corrected.

(5)

A statement that the alleged violator is entitled to a conference with the administrator if he so desires.

(6)

The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for so filing.

(7)

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.

(Ord. No. 82-14, § 8-4.1, 7-19-82)

A corrective action order issued pursuant to section 23-37 shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure, or use if it is:

(1)

Served upon him personally;

(2)

Sent by registered mail to his last known address; or

(3)

Posted in a conspicuous place on or about the affected premises.

(Ord. No. 82-14, § 8-4.2, 7-19-82)

Whenever any work is being done in violation of an initial certificate of zoning compliance, the administrator's corrective action order may state that the violation must cease immediately (See subsection 23-38(4)). In such case, the corrective action order is equivalent to a stop order.

(Ord. No. 82-14, § 8-4.3, 7-19-82)

Notwithstanding any other provisions of this chapter whenever the administrator determines that any violation of this chapter poses an imminent peril to life or property, he may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

(Ord. No. 82-14, § 8-5, 7-19-82)

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 administrator. The administrator shall record such complaints, immediately investigate, and, if necessary, institute appropriate corrective action.

(Ord. No. 82-14, § 8-6, 7-19-82)

All fees indicated below shall be paid to the municipal clerk. Such fees are intended to defray the administrative costs connected with the processing/conducting of the listed permits/procedures; they do not constitute a tax or other revenue-raising device.

(1)

Initial certificate of zoning compliance, see building permit fee.

(2)

Final certificate of zoning compliance, see building permit fee.

(3)

Special use permit, one hundred dollars ($100.00).

(4)

Temporary use permit, one hundred dollars ($100.00).

(5)

Amendment, one hundred dollars ($100.00).

(6)

Appeal, none.

(7)

Variance, one hundred dollars ($100.00).

(Ord. No. 82-14, § 8-8, 7-19-82; Ord. No. 2008-22, § I, 8-18-08)

Cross reference— Licenses, permits and miscellaneous business regulations, Ch. 11.

(a)

Any person who is convicted of a violation of this chapter shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), plus costs. Each day that a violation continues shall be considered a separate offense.

(b)

Nothing contained in this section shall prevent this municipality from taking any other lawful action that may be necessary to secure compliance with this chapter.

(Ord. No. 82-14, § 8-7, 7-19-82)

This chapter divides this municipality into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such "special uses" require careful case-by-case review, and may be allowed only by permission of the planning commission.

(Ord. No. 82-14, § 9-1, 7-19-82)

Cross reference— Licenses, permits and miscellaneous business regulations, Ch. 11.

Every applicant for a special use permit shall submit to the administrator, in narrative and/or graphic form, the items of information enumerated below. The administrator shall prepare an advisory report on every request for a special use permit. He shall promptly transmit the completed application and his advisory report to the planning commission. (See also section 23-43, "schedule of fees"):

(1)

Name and address of applicant.

(2)

Name and address of the owner or operator of the proposed structure or use, if different from (1).

(3)

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

(4)

Location of the proposed use or structure, and its relationship to existing adjacent uses or structures.

(5)

Area and dimensions of the site for the proposed structure or uses.

(6)

Existing topography of the site (USGS ten-foot contour data is acceptable), and proposed finished grade.

(7)

Existing and proposed screening, landscaping, and erosion-control features on the site, including the parking area.

(8)

Height and setbacks of the proposed structure.

(9)

Number and size of proposed dwelling units, if any.

(10)

Location and number of proposed parking/loading spaces and accessways.

(11)

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

(12)

Any other pertinent information that the administrator may require.

(Ord. No. 82-14, § 9-1.1, 7-19-82)

The planning commission shall hold a public hearing on every special use permit application within a reasonable time after such 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 indicating the time, date, and place of the hearing, and the nature of the proposed special use shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

(1)

By first class mail to the applicant and to all parties whose property would be within two hundred fifty (250) feet of the proposed special use; and

(2)

By publication in a newspaper of general circulation within this municipality.

(Ord. No. 82-14, § 9-1.2, 7-19-82)

Within a reasonable time after the public hearing on a special use permit application the planning commission shall render a report stating their decision. In deciding what their decision will be, the planning commission shall consider 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 this municipality's comprehensive plan;

(3)

The effect the proposed special use would have on the value of neighboring property and on this municipality's overall tax base;

(4)

The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and

(5)

Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.

(Ord. No. 82-14, § 9-1.3, 7-19-82)

As set forth in section 23-110, requests for temporary use permits shall be treated in substantially the same manner as requests for special use permits. The planning commission shall not initially issue any temporary use permit for a period longer than one (1) year, but they may renew any such permit as they see fit. (See also section 23-43, "schedule of fees.")

(Ord. No. 82-14, § 9-2, 7-19-82)

The city council shall act on every request for a special use or temporary use permit at their next regularly scheduled meeting following submission of the advisory report by the planning commission. Without further public hearing, the city council may approve or disapprove a special use permit by an ordinance passed by a required majority vote of all members then holding office. In a separate statement accompanying any such ordinance, the city council may state their findings of fact, and indicate their reasons for approving (with or without conditions) or denying the request for a special or temporary use permit.

( Ord. No. 2019-13 , § I, 8-19-2019)

The zoning board of appeals of this municipality is hereby established in accordance with Illinois Revised Statutes, chapter 24, paragraph 11-13-3.

(Ord. No. 82-14, § 10-1, 7-19-82)

The board of appeals shall consist of seven (7) members, all of whom shall reside within this municipality. Each board member shall be appointed by the mayor with the advice and consent of the council. One of the members so appointed shall be named as chairman at the time of his appointment. Each board member shall receive for his services such compensation, if any, as is determined from time to time by the council.

(Ord. No. 82-14, § 10-1.1, 7-19-82)

Each board member shall hold office for five (5) years from the date of his appointment, and until his successor has been selected and qualified. With the advice and consent of the council, the mayor may remove any member of the board of appeals for cause, after a public hearing. Vacancies on the board shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members.

(Ord. No. 82-14, § 10-1.2, 7-19-82)

All meetings of the board of appeals shall be held at the call of the chairman and at such times as the board may determine. All board meetings shall be open to the public. The board may adopt their own rules of meeting procedures consistent with this chapter and the applicable state statutes. The board may select such officers as they deem necessary. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. Four (4) members of the board shall constitute a quorum, and the affirmative vote of at least four (4) members shall be necessary to authorize any board action.

(Ord. No. 82-14, § 10-1.3, 7-19-82)

The board shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, variance, order, or decision of the board shall be filed immediately in the board's office, and shall be a public record.

(Ord. No. 82-14, § 10-1.4, 7-19-82)

(a)

Generally. Any person aggrieved by any decision or order of the zoning administrator 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 Revised Statutes, chapter 24, paragraph 11-13-12, and the provisions of this section.

(b)

Filing, record transmittal. Every appeal shall be made within forty-five (45) days of the matter complained of by filing with the administrator and the board of appeals a written notice specifying the grounds for appeal. Every appeal shall also be filed with the soil and water conservation district per Illinois Revised Statutes, chapter 5, paragraph 127.2a. Not more than five (5) working days after the notice of appeal has been filed, the administrator shall transmit to the board of appeals all records pertinent to the case. (See also section 23-43, "schedule of fees.")

(c)

Stay of further proceedings. An appeal stays all further action on the matter being appealed unless the administrator certifies to the board, after the notice of appeal has been filed with him, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the board or the circuit court grants a restraining order for due cause, and so notifies the administrator.

(d)

Public hearing, notice. The 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 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 thirty (30) nor less than fifteen (15) days before the hearing:

(1)

By first class mail to all parties within two hundred fifty (250) feet whose property will be affected by the appeal.

(2)

By publication in a newspaper of general circulation within this municipality.

(e)

Decision by board of appeals. The board of appeals shall render a decision on the appeal within a reasonable time after the hearing. The board may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate. In so doing, the board of appeals has all the powers of the administrator.

(Ord. No. 82-14, § 10-2, 7-19-82)

(a)

Generally. A variance is a relaxation of the requirements of this chapter that are applicable to a particular lot, structure, or use. A so-called "use variance" (which would allow a use that is neither permitted nor special in the district in question) is not a variance; it is an amendment, and may be granted only as provided for in section 23-7.

(b)

Application. Every application for a variance shall be filed with the administrator on a prescribed form. (Every variance application shall also be filed with the soil and water conservation district per Illinois Revised Statutes, chapter 5, paragraph 127.2a. The administrator shall promptly transmit such application, together with any advice he might wish to offer, to the board of appeals. The application shall contain sufficient information to allow the board to make an informed decision, and shall include, at a minimum, the following (See also section 23-43, "schedule of fees"):

(1)

Name and address of the applicant.

(2)

Location of the structures/use for which the variance is sought. All variance requests for setbacks are to be accompanied by:

a.

A boundary survey that includes monument property corners and a plat of survey signed and sealed by an Illinois Professional Land Surveyor, or

b.

Reasonable evidence (i.e. property pins, survey markers) of where property lines are located provided by the owner(s) of record.

This document shall display existing and/or proposed structures, and their setbacks from the property or right-of-way lines. This document shall be recorded in the public records at the Marion County courthouse within three (3) months after acceptance by the zoning board of appeals.

(3)

Relationship of such structure/use to existing structures/uses on adjacent lots.

(4)

Specific sections of this chapter containing the regulations which, if strictly applied, would cause a serious problem.

(5)

Any other pertinent information that the administrator may require.

(c)

Public hearing, notice. The 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 may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

(1)

By first class mail to the applicant and to all parties whose property would be directly affected by the proposed variance; and

(2)

By publication in a newspaper of general circulation within this municipality.

(d)

Standards for variances. The board of appeals shall not grant any variance unless, based upon the evidence presented to them, they determine that:

(1)

The proposed variance is consistent with the general purposes of this chapter (see section 23-1); and

(2)

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; and

(3)

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

(4)

The plight of the applicant is due to peculiar circumstances not of his own making; and

(5)

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

(6)

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 this municipality's comprehensive plan.

(e)

Terms of relief, findings of fact. The board of appeals shall render a decision on every variance request within a reasonable time after the public hearing. In accordance with Illinois Revised Statutes, chapter 24, paragraph 11-13-11, the board of appeals shall specify the terms of relief granted (if any) in one (1) statement and their findings of fact in another statement. The findings of fact shall clearly indicate the board's reasons for granting or denying any requested variance.

(Ord. No. 82-14, § 10-3, 7-19-82; Ord. No. 2008-13, § I, 6-16-08; Ord. No. 2008-27, § 1, 10-6-08)