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Schiller Park City Zoning Code

ARTICLE III

ADMINISTRATION AND ENFORCEMENT

§ 155.301 OFFICE OF THE ZONING ADMINISTRATOR.

   (A)   The Zoning Administrator of the Village and such deputies or assistants that have been, or shall be, duly appointed by the Village President shall administer and enforce this chapter and in addition thereto, and in furtherance of such authority, shall:
      (1)   Issue all zoning certificates and make and maintain records thereof;
      (2)   Issue all certificates of occupancy, and make and maintain records thereof;
      (3)   Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this chapter;
      (4)   Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefor;
      (5)   Provide and maintain a public information service relative to all matters arising out of this chapter;
      (6)   Forward to the Zoning, Planning and Appeals Commission all applications filed with the office of the Zoning Administrator; and
      (7)   Initiate, from time to time, a study of the provisions of this chapter, and to make reports of his recommendations to the Zoning, Planning and Appeals Commission and the Village Manager not less frequently than once a year.
   (B)   In addition, it shall be the duty of all members of the police department to assist the Zoning Administrator by reporting to him upon new construction, reconstruction, new land uses, or possible violations.
(Ord. 05-2539, passed 10-11-05)

§ 155.302 INTERPRETATION.

   In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity and general welfare.
   Where the conditions imposed by any provision of this chapter, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern. Accordingly, while this chapter is not intended to abrogate any easement or covenant or any other private agreement, whenever the regulations of this chapter are most restrictive or impose higher standards or requirements than such easements or covenants or other private agreements, the requirements of this chapter shall govern.
   Although the district requirements are couched in very specific terms in most instances, reasonable flexibility is offered through such devises as conditional uses, planned unit developments, floor area ratio and variations.
   No building, structure or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption o this chapter; and to the extent that, and in any manner that, said unlawful building, structure or use is in conflict with the requirements of this chapter, said building, structure or use remains unlawful hereunder.
(Ord. 05-2539, passed 10-11-05)

§ 155.303 INTERPRETATION OF USE LISTS.

   (A)   Permitted Uses. Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. Unless otherwise specifically set forth, wherever a permitted use is named as a major category in this Article, it shall be deemed to include all and only those itemized uses under the said major category.
      (1)   No building or tract of land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or tract of land shall be located, with the exception of the following:
         (a)   Uses lawfully established on the effective date of this chapter;
         (b)   Conditional uses, allowed in accordance with the provisions of subsection (B) below.
      (2)   Uses established on the effective date of this chapter and rendered nonconforming by the provisions thereof shall be subject to the regulations of Article IV, regulating nonconforming buildings, structures and uses.
   (B)   Conditional Uses. Conditional uses, as hereinafter listed, may be allowed in the zoning districts indicated, subject to the issuance of conditional use permits. Unless otherwise specifically set forth, wherever a conditional use is named as a major category in this Article, it shall be deemed to include all and only those itemized uses listed under the said category.
   (C)   Prohibited Uses. Generally, if a proposed use is not listed as a permitted or conditional use in any given district, such proposed use is prohibited in that district. Notwithstanding the foregoing, the Zoning Administrator may allow land uses (permitted or conditional) which, though not contained by name in a zoning district list of permitted or conditional uses, are deemed to be similar in nature and clearly compatible with the listed uses; however, such non-listed uses shall not be approved by the Zoning Administrator until the application for such use has been reviewed by the Zoning, Planning, and Appeals Commission and approved by the Village Board. In residential districts it is prohibited to raise animals, poultry or livestock except cats, dogs or birds as household pets; or conduct general farming practices, except for gardening.
   (D)   Yard Requirements.
      (1)   Yard requirements shall be as set forth under each zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated and shall be unobstructed from the ground level to the sky.
      (2)   All accessory buildings which are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building.
   (E)    All non listed uses which are tentatively approved by the Village Board shall be added to the appropriate use list by ordinance at the time of periodic updating and revision.
   (F)   There shall be only one principal use allowed per zoning lot.
   (G)   Except as expressly allowed as a principal permitted or conditional use, all indoor and outdoor storage, including off-street parking, must be accessory to a zoning lot’s principal use.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 08- 2691, passed 9-23-08; Ord. 18-4089, passed 9-6-18; Am. Ord. 19-4167, passed 8-1-19)

§ 155.304 ZONING CERTIFICATES.

   Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department or employee of the Village unless the application for such permit has been examined by the Zoning Administrator, and has affixed to it his certificate, indicating that the proposed building or structure complies with all the provisions of this Chapter. Any permit or certificate of occupancy, issued in conflict with the provisions of this chapter, shall be null and void. Every application for a building permit shall be deemed to be an application for a zoning certificate.
(Ord. 05-2539, passed 10-11-05)

§ 155.305 REGULATION; HOME OCCUPATIONS.

   (A)   Standards for Home Occupations. Home occupations as defined in § 155.202 shall comply with the following standards:
      (1)   Home occupations shall be carried on entirely within the principal dwelling unit in which they are registered and only by the residents whom occupy said dwelling unit in which the home occupation is conducted;
      (2)   There shall be no separate exterior entrance to the building for the specific use of conducting business for the Home Occupation. The entrance to any space devoted to a home occupation shall be from within the dwelling, not from the outside of the property;
      (3)   There shall be no exterior display, no exterior signs, no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building;
      (4)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of the floor area of the dwelling unit, not to exceed four hundred (400) square feet in area, shall be used in the conduct of the home occupation;
      (5)   No person may regularly assist or be employed on the site in connection with the home occupation that is not an actual resident of the dwelling unit. The purpose of this standard is to ensure that no nonresident comes to a dwelling for employment purposes, and to minimize the traffic generated by the home occupation in Village residential areas;
      (6)   No mechanical or electrical equipment other than the type normally found in a residential single-dwelling unit shall be utilized on the premises; and
      (7)   The home occupation shall not involve the sale of commodities upon the premises.
   (B)   Violations.
      (1)   Any violation of this section shall result in the imposition of a fine, not less than $750.00; each subsequent day the violation continues to exist shall elicit an additional fine of $750.00, until such time as the violation no longer exists.
      (2)   There shall be a presumption of a continuing violation until adjudicated or until the Community Development Director, or designee, determines that the violation has been abated, corrected or no longer exists.
      (3)   The imposition of the accruing fine, or any part thereof shall be at the discretion of the Administrative Hearing Officer or Judge (if this matter ends up in a county courthouse).
   (C)   Notice. Upon service of a notice of violation of this section and a citation, it shall be sufficient to provide notice of continuing daily fines, if no compliance has been achieved, by mail - as necessary - to the last known address of the respondent cited or with service of the citation.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 15- 3007, passed 6-4-15)

§ 155.306 FEES.

   Any person, firm, corporation or agent, who shall file an application for amendment or application for an appeal, variance or conditional use, or for any other certificate or license required under the terms of this Chapter, shall be charged a fee in accordance with a schedule of fees established by the President and Board of Trustees of the Village.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 15- 3007, passed 6-4-15)

§ 155.307 PENALTIES.

   (A)   Any person, firm, corporation, or agent, or any employee or contractor of same, who violates, destroys, omits, neglects or refuses to comply with, or who resists enforcement of any provision of this Chapter for which a specific fine has not already been allocated, shall be subject to a fine of not more than $500, plus costs for each offense. A subsequent offense is deemed to be committed each day during, or on which a violation is permitted to occur.
   (B)   There shall be a presumption of a continuing violation until adjudicated or until the Community Development Director, or designee, determines that the violation has been abated, corrected or no longer exists.
   (C)   The imposition of the accruing fine, or any part thereof, shall be at the discretion of the Administrative Hearing Officer or Judge (if this matter ends up in a county courthouse).
(Ord. 15-3007, passed 6-4-15)