That administration of this chapter is vested in the following four city offices:

(1)

The zoning officer;

(2)

The board of appeals;

(3)

The planning department; and

(4)

The city council.

(Code 1976, § 29-120; Ord. No. 2024-15, § 4, 5-7-2024)

(a)

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

(b)

Powers and duties. The zoning officer shall be responsible for enforcing this chapter and shall:

(1)

Issue all zoning certificates and make and maintain records thereof.

(2)

Issue all occupancy permits and make and maintain records thereof.

(3)

Conduct inspections of buildings, structures, and uses of land to determine compliance with this chapter.

(4)

Maintain permanent and current records of this chapter, including all maps, amendments, uses on review, variances, appeals, and applications.

(5)

Provide and maintain a public information service relative to all matters concerning this chapter.

(6)

Transmit to the board of appeals all applications for amendments to this chapter.

(7)

Transmit to the board of appeals applications for appeals, variances, uses on review, or other matters on which the board of appeals is required to pass under this chapter.

(8)

Issue temporary occupancy permits for buildings or structures and uses of land.

(9)

Initiate, direct, and review from time to time a study of the provisions of this chapter and make reports of recommendations to the board of appeals.

(Code 1976, § 29-121; Ord. No. 2024-15, § 5, 5-7-2024)

Cross reference— Officers and employees, § 2-141 et seq.

For the purposes of this chapter, the mayor and city council shall have the following powers and duties:

(1)

Appoint the zoning officer;

(2)

Appoint members of the board of appeals;

(3)

Appoint members of the planning department;

(4)

Receive and decide upon all recommendations concerning amendments, supplements, changes, or repeal of the zoning ordinance submitted by the board of appeals;

(5)

Receive from the planning department and board of appeals all recommendations regarding the effectiveness of the ordinance; and

(6)

Decide all matters upon which it is required to pass under this chapter.

(Code 1976, § 29-124; Ord. No. 2024-15, § 6, 5-7-2024)

(a)

Permit or zoning certificate required. No person shall construct, alter, expand any structure or building or establish any activity or use of land in the city unless a permit or zoning certificate has been issued by the zoning officer indicating that the proposed building or structure or use complies with this chapter.

(b)

Application for zoning certificate. Before commencing any alteration to or construction of buildings or any activity to land, the person shall confer with the zoning officer to determine the requirements and regulations that shall apply to the activity. If the proposed activity satisfies the requirements of this chapter, the zoning officer shall issue a zoning certificate to the applicant who shall then obtain the other necessary permits and certificates before construction or commencing any activity. If the requirements of this chapter prohibit the proposed activity, the zoning officer shall inform the applicant of the regulations and explain the necessary procedures for applying for a variance, use upon review, temporary permit, or zone amendment. The applicant may then apply for the appropriate review and permit according to the requirements of this chapter.

(Code 1976, § 29-125)

(a)

Scope of appeals. An appeal may be taken to the board of appeals by any person or by any office, department, board, or bureau aggrieved by a decision of the zoning officer. The appeal shall be taken within such time as shall be prescribed by the board of appeals by general rule filed with the zoning officer. The zoning officer shall transmit to the board of appeals all of the papers constituting the record of the action appealed.

(b)

Findings on appeal.

(1)

An appeal shall stay all proceedings of the action appealed unless the zoning officer certifies to the board of appeals, after the appeal has been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property.

(2)

The board of appeals shall select a reasonable time and place for the hearing of the appeal, shall give due notice thereof to the parties involved, and shall render a written decision on the appeal. The board of appeals may affirm or may, upon the concurring vote of four members, reverse wholly or in part or modify the order, requirement, decision, or determination the zoning officer has made. To that end, the board of appeals shall have all the powers of the zoning officer from whom the appeal is taken. The zoning officer shall maintain records of all actions of the board of appeals relative to the appeal.

(Code 1976, § 29-126)

(a)

Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the City of Silvis. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

(b)

Conditional use. Adult-use cannabis business establishment facilities, as defined herein, requiring approval of a conditional use in the respective district in which they are requested shall be processed in accordance with article VII (uses on review) of this chapter and subsection (c) (adult-use cannabis facility components) as provided herein.

(c)

Adult-use cannabis facility components. In determining compliance with article VII (uses on review) of this chapter, the following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

(1)

Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

(2)

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage. security installations/security plan and building code compliance.

(3)

Hours of operation and anticipated number of customers/employees.

(4)

Anticipated parking demand based on chapter 90 and available private parking supply.

(5)

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

(6)

Site design, including access points and internal site circulation.

(7)

Proposed signage plan.

(8)

Compliance with all requirements provided in subsection (d) (adult-use cannabis craft grower); subsection (e) (adult-use cannabis cultivation center); subsection (f) (adult-use cannabis dispensing organization); subsection (g) (adult-use cannabis infuser organization); subsection (h) (adult-use cannabis processing organization); or subsection (i) (adult-use cannabis transporting organization), as applicable.

(9)

Other criteria determined to be necessary to assess compliance with section (conditional uses) of this title.

(d)

Adult-use cannabis craft grower. In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located within 1,500 feet of the property li ne of a pre-existing property zoned or used for residential purposes.

(3)

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "wholesale or warehouse", provided, however, that the city may require that additional parking be provided as a result of the analysis completed through uses on review.

(5)

Petitioner shall file an affidavit with the city affirming compliance with subsection (d) as provided herein and all other requirements of the Act.

(e)

Adult-use cannabis cultivation center. In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as "wholesale or warehouse" provided, however, that the city may require that additional parking be provided as a result of the analysis completed through uses on review.

(5)

Petitioner shall file an affidavit with the city affirming compliance with subsection (e) as provided herein and all other requirements of the Act.

(f)

Adult-use cannabis dispensing organization. In those zoning district in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

At least 75 percent of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in subsection (5) below in the same tenant space.

(4)

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(5)

Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by subsection (j) (additional requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in the City of Silvis Municipal Code.

(6)

For purposes of determining required parking, said facilities shall be classified as "retail, freestanding and shopping centers" (schedule of off-street parking requirements) of the City of Silvis Municipal Code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through the uses on review process.

(7)

Petitioner shall file an affidavit with the city affirming compliance with subsection (f) as provided herein and all other requirements of the Act.

(g)

Adult-use cannabis infuser organization. In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

At least 75 percent of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

For purposes of determining required parking, said facilities shall be classified as "wholesale or warehouse" (schedule of off-street parking requirements) of the City of Silvis Municipal Code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through the uses on review process.

(5)

Petitioner shall file an affidavit with the city affirming compliance with subsection (g) as provided herein and all other requirements of the Act.

(h)

Adult-use cannabis processing organization. In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

At least 75 percent of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

For purposes of determining required parking, said facilities shall be classified as "wholesale or warehouse" (schedule of off-street parking requirements) of the City of Silvis Municipal Code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through the uses on review process.

(5)

Petitioner shall file an affidavit with the city affirming compliance with subsection (h) as provided herein and all other requirements of the Act.

(i)

Adult-use cannabis transporting organization. In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

For purposes of determining required parking, said facilities shall be classified as "wholesale or warehouse" (schedule of off-street parking requirements) of the City of Silvis Municipal Code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through the uses on review process.

(5)

Petitioner shall file an affidavit with the city affirming compliance with subsection (i) as provided herein and all other requirements of the Act.

(j)

Additional requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(k)

Co-location of cannabis business establishments. The city/village may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, subject to the provisions of the Act and the conditional use criteria within the City of Silvis Municipal Code. In a co-location, the floor space requirements of subsection (f)(3) and (g)(3) shall not apply, but the co-located establishments shall be the sole use of the tenant space.

(Ord. No. 2019-43, § 3, 12-17-2019)

The board of appeals, as established under the applicable provisions of the state statues, is the board of appeals referred to in this chapter.

(Code 1976, § 29-122.01)

The board of appeals shall consist of seven members appointed by the mayor with the consent of the city council. The members of the board of appeals shall serve terms of five years, or until their successors are appointed and qualified. One of the members shall be designated by the mayor with the consent of the city council as chairman and shall hold office until his successor is appointed.

(Code 1976, § 29-122.02)

The board of appeals is vested with the following powers and authority:

(1)

Hear and decide on all applications for use on review in the manner prescribed.

(2)

Hear and decide appeals from any order, requirement, decision, or determination made by the zoning officer.

(3)

Hear and decide upon the applications for variances from the terms provided in this chapter in the manner prescribed and subject to the standards established.

(4)

Interpret the provisions of this chapter and the district map in the manner provided in this chapter.

(5)

Hear and decide all matters referred upon which it is required to pass under this chapter as prescribed by the applicable provisions of the state statutes.

(6)

Hear all applications for amendments to this chapter and planned developments and report such findings and recommendations to the city council.

(Code 1976, § 29-122.03; Ord. No. 2024-15, § 7, 5-7-2024)

All meetings of the board of appeals shall be held at the call of the chairman and at such times as the board of appeals may determine. All hearings conducted by the board shall be open to the public. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or if failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. All actions, regulations, decisions, or determinations of the board of appeals shall be filed with the zoning officer and shall be public record. The board shall adopt its own rules and procedures, not in conflict with this chapter or the applicable state statutes, and select or appoint such officers as it deems necessary.

(Code 1976, § 29-122.04)

All decisions and findings of the board of appeals shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, 735 ILCS 5/3-101 et seq., and all amendments thereof and rules adopted thereto.

(Code 1976, § 29-122.05)

The planning department, as established under the applicable provisions of the state statutes, is the planning department referred to in this chapter.

(Code 1976, § 29-123.01; Ord. No. 2022-34, § 3, 8-2-2022)

The planning department shall have the following powers and duties:

(1)

On its own initiative, petition the city council requesting an amendment, supplement, change, or repeal of the zoning ordinance;

(2)

Receive from the zoning officer his recommendations as related to the effectiveness of this chapter and report its conclusions and recommendations to the city council annually; and

(3)

Hear and decide all matters upon which it is required to pass under this chapter.

(Code 1976, § 29-123.02; Ord. No. 2022-34, § 1, 8-2-2022; Ord. No. 2024-15, § 8, 5-7-2024)

For the purpose of promoting the public health, safety, morals, comfort, and general welfare; conserving the value of property throughout the city; and lessening or avoiding congestion in the public streets and highways, the city council may from time to time in the manner set forth amend the regulations imposed in the districts created by this chapter. This chapter may be amended, provided that in all amendments adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, and the uses to which the property is developed at the time of the adoption of such amendment. Amendments shall be consistent with the comprehensive plan.

(Code 1976, § 29-111.01)

Amendments to this chapter may be proposed by the city council, the planning department, or by any interested person or organization having interest in the affected property.

(Code 1976, § 29-111.02; Ord. No. 2024-15, § 9, 5-7-2024)

(a)

An application for an amendment to this chapter shall be filed with the zoning officer in such form and accompanied by such information as required by the zoning officer.

(b)

The application shall be forwarded to the board of appeals with the request to hold a public hearing.

(Code 1976, § 29-111.03; Ord. No. 2024-15, § 10, 5-7-2024)

The board of appeals shall hold a public hearing on each application for an amendment to this chapter. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner as the board of appeals shall, by rule, prescribe.

(Code 1976, § 29-111.04; Ord. No. 2024-15, § 11, 5-7-2024)

Notice of time and place of the hearing on the application for amendment of this chapter shall be published at least once in one or more newspapers of general circulation in the city not less than 15 or more than 30 days before such hearing. Supplemental or additional notices may be published or distributed as the board of appeals may, by rule, prescribe.

(Code 1976, § 29-111.05; Ord. No. 2024-15, § 2, 5-7-2024)

(a)

Within 45 days after the close of the hearing on a proposed amendment to this chapter, the board of appeals shall make written findings of fact and shall submit the findings together with its recommendations to the city council. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the findings of fact and recommendation shall include the following information:

(1)

Existing use of property within the general area of the property in question;

(2)

The zoning classification of property within the general area of the property in question;

(3)

The suitability of the property in question to the uses permitted under the existing zoning classification;

(4)

The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification;

(5)

The designation of the area in the comprehensive plan; and

(6)

The suitability of public services in the area to serve the proposed development.

(b)

The board of appeals shall not recommend the adoption of a proposed amendment unless it finds that it is in the public interest and is not solely for the interest of the applicant.

(Code 1976, § 29-111.06; Ord. No. 2024-15, § 13, 5-7-2024)

(a)

The city council shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the board of appeals on the proposed amendment.

(b)

The city council may grant or deny any application for an amendment. However, if a written protest is made against any proposed amendment, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered is filed with the city clerk, the amendment shall not be passed except by a favorable vote of two-thirds of all members of the city council.

(Code 1976, § 29-111.07; Ord. No. 2024-15, § 14, 5-7-2024)

No application for an amendment to this chapter that has been denied in whole or in part by the city council shall be resubmitted for a period of one year from the date of such denial except on the grounds of new evidence or proof of change of conditions found to be valid by the board of appeals.

(Code 1976, § 29-111.08; Ord. No. 2024-15, § 15, 5-7-2024)

In any zoning district, whenever the standards of this chapter, as strictly applied, place an undue hardship on a property or development proposal because of the character and situation of the property, a variance from this chapter may be requested. A variance is intended to alleviate hardships that occur because of the variability of the terrain or other conditions that may affect particular parcels of property but is not intended to right the hardship imposed by actions of the property owner.

(Code 1976, § 29-113.01)

A property owner may file an application for a variance from this chapter with the zoning board of appeals. The application shall include the following:

(1)

Location and description of the property.

(2)

Description of the variance being requested.

(3)

A statement that the variance is needed because of limitations unique to the particular property and that the limitations are not caused by the applicant or other persons with an interest in the property.

(Code 1976, § 29-113.02)

After required notice has been given, the board of appeals shall conduct a public hearing to hear evidence on the variance request and shall establish a finding of fact for the record before granting or denying the request.

(Code 1976, § 29-113.03)

The board of appeals shall not vary the regulations of this chapter, as authorized in this division, unless there is evidence presented to it in each specific case that:

(1)

Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

(2)

The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally to other property within the same zoning classification;

(3)

The purpose of the variance is not based exclusively upon a desire to make more money from the property;

(4)

The alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the property;

(5)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

(6)

The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(Code 1976, § 29-113.04)

Variances from the regulations of this chapter shall be granted by the board of appeals only in accordance with the standards established in this division and may be granted only in the following instances, and in no others, to:

(1)

Permit any yard or setback of less dimension than required by the applicable regulations;

(2)

Permit any building or structure to exceed the height limitations imposed by the applicable regulations;

(3)

Permit the use of a lot for a use otherwise prohibited solely because of the insufficient area or width of the lot, but in no event shall the respective areas or width of the lot be less than 80 percent of the required area and width;

(4)

Permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

(5)

Reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20 percent of the applicable regulations, whichever number is greater;

(6)

Increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served;

(7)

Increase by not more than ten percent the maximum gross floor area of any use so limited by the applicable regulations; and

(8)

Increase by not more than ten percent the maximum gross lot coverage allowed by Table I, section 102-519.

(Code 1976, § 29-113.05)

The concurring vote of four members of the board of appeals shall be necessary to grant a variance. No order of the board of appeals granting a variance shall be valid for a period longer than 12 months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

(Code 1976, § 29-113.06)

No application for a variance that has been denied in whole or in part by the board of appeals shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence found to be valid by the board of appeals.

(Code 1976, § 29-113.07)

(a)

The fees and penalties in this division are established in order to provide reasonable incentives for compliance with this chapter and to provide cost-effective administration.

(b)

Fees are not reimbursable if the application is denied by official action of the zoning officer, planning department, board of appeals, or city council or if the application is dismissed because the applicant fails to appear at the required hearing or to submit complete information required for review of the case.

(Code 1976, § 29-130; Ord. No. 2024-15, § 16, 5-7-2024)

(a)

Zoning amendments. The fee for filing an application for an amendment to this chapter shall be $100.00.

(b)

Variances and appeals. The fee for filing an application for a variance of the regulations of this chapter or an appeal of an administrative decision made pursuant to this chapter shall be $100.00.

(c)

Uses upon review. The fee for filing an application for a use upon review, except condominium conversions, shall be $100.00.

(d)

Condominium conversions. The fee for filing an application for a condominium conversion shall be $50.00 plus $50.00 per unit included in the application.

(e)

Planned developments. The fee for filing an application for a planned development shall be $500.00 plus $100.00 per acre included in the application.

(Code 1976, § 29-131)

The penalty for violation of any condition of this chapter shall be $100.00 per day of violation.

(Code 1976, § 29-132)