There is hereby created the office of zoning administrator. The zoning administrator shall be appointed by the president of the Village of Stickney. The zoning administrator may also hold other positions for the Village of Stickney while serving as an administrator.

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

The duties of zoning administrator shall include, but not be limited to, the following:

(1)

Conduct inspections of buildings and land uses in determining compliance with this ordinance.

(2)

Review all applications for building permits to determine if the proposed building complies with the requirements of this ordinance.

(3)

Issue all certificates of occupancy.

(4)

Keep all records relating to the administration and enforcement of this ordinance.

(5)

Receive, file and forward to the zoning board, and the village board, all applications for variances, special uses, amendments to this ordinance and appeals from decisions of village officials pertaining to enforcement of this ordinance.

(6)

Issue upon request a letter verifying the zoning classification of any parcel or lot located in the Village of Stickney and provide and maintain a copy of the Village of Stickney Zoning Ordinance and Zoning Map.

(7)

Review all property which has been the subject of legal action, invalidating zoning as applied to the property by this ordinance, and recommend amendment for the classification of said property to the zoning board of appeals.

No permit pertaining to the use of land shall be issued by any village official unless the application for such permit had been examined by the zoning administrator and the zoning administrator has certified that the proposed land use described in said application would not be in violation of any of the provisions of this ordinance. Permits pertaining to use of land include, but are not limited to, building permits and liquor licenses issued by the Village of Stickney.

No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or part for any purpose whatsoever until a certificate shall have been issued by the zoning enforcing officer stating that the building complies with all the building and health laws and ordinances and with the provisions of these regulations. No change of use shall be made in any building or part thereof, now or hereafter erected or altered, without a permit having been issued by the building inspector and no permit shall be issued to make such change unless it is in conformity with the provisions of this ordinance or amendments thereto hereafter duly enacted.

Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building.

Certificates for occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of such building shall have been completed. A record of all certificates shall be kept on file in the office of the village clerk and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

No permit for excavation or the erection of any building shall be issued before application has been made for certificate of occupancy and compliance. No building or premises may be occupied until such certificate shall be issued.

Every application for a zoning certificate of occupancy, or building permit shall be accompanied by the following:

(1)

A plot plan in duplicate of the entire zoning plot or lots on which any building or change in land use is prepared. The plat should be drawn to scale and should show actual dimensions indicating the exact location of any improvements which are to be constructed.

(2)

A description of the area height and bulk of any building or structure, and all building lines and the distance between any building lines and lot lines.

(3)

A statement indicating the use to be made of any structure, building or land.

Applications for building permits shall be filed on forms provided to the applicant by the zoning administrator and shall be retained by the zoning administrator as a public record.

(The denial of any application for building permit, or zoning certificate shall state the reasons therefor.)

There is hereby established a zoning board of appeals for the Village of Stickney which shall consist of seven members appointed by the president and board of trustees. Each member so appointed shall serve for a term of five years.

It shall be the duty of the zoning board of appeals to hear and decide any appeal for any order, decision or interpretation of the zoning administrator, or any matter referred to it by the zoning administrator or village board, or any matter upon which the zoning board of appeals is required to pass pursuant to this ordinance.

Members of the zoning board of appeals appointed pursuant to the provisions of the 1952 Stickney Zoning Ordinance, as amended, shall serve the remainder of their terms pursuant to the provisions of this ordinance.

Vacancies shall be filled for the unexpired term of the member whose place has become vacant by the president of the village board. One of the members of the zoning board of appeals shall be named as chairman at the time of his appointment. All meetings of the zoning board of appeals shall be held at the call of the chairman and at such other times as the zoning board of appeals may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel attendance of witnesses before the zoning board of appeals. All meetings of the zoning board of appeals shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or if failing to vote, indicating that fact. No hearing shall be conducted without a quorum of the board being present, which shall consist of the majority of all the members. Any absent member who certifies that he has read the transcript of the proceedings before the board may vote upon any question before the board. Every rule, regulation, amendment or repeal thereof, and every order, requirement, decision, recommendation or determination by the zoning board of appeals shall be filed in the office of the zoning administrator and shall be a public record.

The failure of the zoning board to make any recommendation with respect to any application for variance, amendment or special use, within 60 days after concluding the hearing for said variance, amendment or special use, shall be considered a recommendation that said application be denied unless the applicant shall request that consideration of the application by the zoning board of appeals be continued. Requests to continue consideration of any application shall be made in writing to the zoning administrator.

Cross reference— Boards and commissions, § 2-291 et seq.

If an application for building permit or zoning certificate is denied by the zoning administrator, such decision may be appealed to the zoning board. The procedural and notice provisions of this ordinance governing variations shall apply to any appeal. The concurring vote of four members of the zoning board of appeals is necessary to reverse any order, requirement, decision or determination of the zoning administrator, or his staff, and shall constitute a final decision.

After receiving the recommendation of the zoning board of appeals, the village board of trustees may adopt any variation or may refer it back to the zoning board for further hearing. If the variance is recommended by the zoning board, it may be adopted by the passage of an ordinance by a majority of the village board. If the variance is not recommended by the zoning board of appeals or is the subject of a zoning protest pursuant to the provisions of section 12.15 of this ordinance, it shall not be passed except by the favorable vote of two-thirds of the trustees of the village then in office.

No application for a variation which has been denied wholly or in part by the board of trustees of the Village of Stickney shall be resubmitted for a period of one year from the date of said denial except on the grounds of new evidence, proof of changed conditions.

The zoning board of appeals shall not recommend the variation of the regulations of this ordinance unless it makes findings based on the evidence presented to it and each specific case demonstrating the following:

(1)

That the particular physical surroundings, shape or topographical condition of the property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

(2)

The conditions upon which the petition for variation is based are unique to the property for which the variation is sought.

(3)

The variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood of the property for which the variation is sought.

(a)

The regulations and districts established by this ordinance may be amended from time to time by the board of trustees of the Village of Stickney.

Amendments may be initiated by a member of the board of trustees of the Village of Stickney, a member of the zoning board of appeals, or by any person owning or having an interest in property affected by a proposed amendment. Amendments shall be initiated by filing an application with the zoning administrator in such form as required by the zoning administrator.

The application for amendment shall be forwarded to the chairman of the zoning board of appeals who shall cause the zoning board of appeals to conduct a hearing on the proposed amendment. No hearing shall be conducted until after notice has been provided as required by section 12.10(b). After conducting a hearing and making findings as required herein, the zoning board of appeals shall recommend that the proposed amendment be granted or denied. The recommendation of the zoning board of appeals, together with the record of the hearing and findings, shall be forwarded by the zoning board to the village board within 15 days after the close of the hearing.

After receiving the recommendation from the zoning board of appeals, together with written findings and the record from the hearing on any proposed amendment, the village board shall adopt the proposed amendment, reject the proposed amendment or refer the amendment back to the zoning board for an additional hearing or modification.

If the zoning board recommends that the amendment be adopted and if no zoning protest objecting to the proposed amendment pursuant to section 12.15 of this ordinance is filed, the amendment may be adopted by a majority of the village board. If the proposed amendment is the subject of a protest pursuant to section 12.15 of this ordinance, or if it is not recommended by the zoning board of appeals, the proposed amendment may be adopted only by a favorable vote of two-thirds of the members of the village board then holding office.

(b)

(i)

Text amendments. Notice of any hearing conducted relating to a proposed amendment to the text of this ordinance shall be published in a newspaper in general circulation in the Village of Stickney not more than 30 nor less than 15 days before the hearing at which the amendment is considered. The notice shall contain the following information:

(1)

The date and time of the hearing to be conducted by the zoning board of appeals and the location in which said hearing will be conducted.

(2)

A statement describing the text amendment being considered by the zoning board of appeals.

(ii)

Map amendments. Notice of any hearing conducted relating to a proposed amendment to the zoning map (re-zoning) shall be provided as required by section 12.15 of this ordinance.

(Ord. No. 2016-01, Art. II, § 4.0, 1-5-2016)

With respect to each proposed amendment to this ordinance considered by the zoning board of appeals, the zoning board shall make findings based upon the evidence presented to each specific case with respect to the following matters:

(a)

Existing uses of property within the general area of property in question.

(b)

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

(c)

The suitability of the property in question for uses permitted under the existing zoning classification and under any proposed amended zoning classification.

(d)

The trend of development, if any, in the area in question.

(e)

The extent to which the property values in the area of the subject property affected by the amendment would be diminished by the existing zoning and the zoning as amended.

(f)

Whether the adoption of the proposed amendment is in the public interest.

This ordinance is based upon the division of the Village of Stickney into districts, within which districts the use of land and the uses and bulk of buildings and structures are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the location for which it is proposed. Such uses are classified herein as special uses and may not be conducted until a special use permit has been obtained pursuant to the provisions herein.

Any person having an interest in property may file an application to use such land for one or more of the special uses provided herein by filing an application with the zoning administrator. The application shall be accompanied by such plans and data as the zoning board shall by rule require.

The zoning administrator shall forward the application for special use to the zoning board of appeals who shall conduct a hearing on the proposed special use. No hearing shall be conducted, however, until notice has been provided as required by section 12.14 of this ordinance.

After conducting a hearing, the zoning board of appeals shall make findings of fact with respect to each of the standards for special uses enumerated herein and shall recommend that the special use be permitted or denied. The zoning board of appeals may also recommend that conditions and restrictions be imposed upon the premises benefitted by the special use permit as may be necessary to ensure compliance with the standards enumerated herein. The recommendation of the zoning board of appeals, together with its findings of fact and any additional conditions imposed on the subject property, shall be forwarded to the village board. A majority of the members of the village board may grant a special use permit permitting the proposed special use unless the zoning board recommends denial of the special use permit and/or a zoning protest is filed pursuant to section 12.15 of this ordinance, in which case the special use permit may only be granted by a favorable vote of two-thirds of the members of the village board then holding office.

If the zoning board of appeals has recommended the imposition of additional conditions or restrictions upon property benefitted by a proposed special use, any ordinance or resolution adopted by the village board granting said special use shall state whether it is conditioned upon the conditions and restrictions recommended by the zoning board of appeals. Conditions and restrictions imposed when a special use permit is granted shall be enforceable in the same manner as the restrictions enumerated herein.

No special use shall be recommended by the zoning board of appeals unless said board shall find:

(1)

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

(2)

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

(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 and egress so designated as to minimize traffic congestion in the public streets.

(6)

That the special use shall in all other respects conform to the applicable regulations of this ordinance and other applicable village regulations, except as such regulations may in each instance be modified by the village pursuant to the recommendation of the zoning board of appeals.

The zoning board of appeals shall adopt rules providing for and governing hearings required for any appeal from a decision of a village official as provided in this ordinance and for any proposed variation, amendment or special use.

Said rules shall provide applicants and property owners entitled to a notice of any hearing with the opportunity to have subpoenas issued for persons to appear at the zoning board of appeals hearings and for the examination of documents by the person requesting the subpoena either before or at the zoning board of appeals hearing subject to the limitations set forth herein. The zoning board of appeals shall issue subpoenas as requested by the property owners entitled to notice of the hearing and/or the applicant. Subpoenas shall be enforceable against persons or for documents which have a substantial evidentiary connection with (i) the property for which a zoning variation is sought, (ii) facts which would support or negate the requisite legal standards for granting the appeal, variation, special use or amendment, and/or (iii) facts which support or negate the conclusion that property within 250 feet of the property (which is the subject of an appeal, variation, amendment, or special use application) will be substantially affected by the outcome of the decision of the zoning board of appeals or village board. Subpoenas shall be enforced by the circuit court of Cook County and shall be in the same form as subpoenas in a civil action. Service of subpoenas shall be made in the same manner as a summons in a civil action. All matters relating to subpoenas concerning a particular zoning appeal, variation, amendment or special use matter, including all enforcement and motions to quash shall be heard in a single action, however the court obtaining jurisdiction over any matter relating to said subpoenas may retain jurisdiction until the disposition of the case by the zoning board of appeals. The authority to issue subpoenas is based on the home rule powers of the Village of Stickney.

Applicants and persons entitled to notice of any hearing conducted by the zoning board of appeals shall have the right to present witnesses on their own behalf and examine all witnesses testifying at such a hearing.

Property owners entitled to notice of any hearing may upon request be granted on continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be set for the zoning board of appeals.

(a)

Applications.

(1)

Fees. The fee for an application for a variance, special use or for an amendment shall be $550.00.

(2)

Form and content. An application for a variance, special use, certification as a legal nonconforming structure or use, or for an amendment shall contain the name of the party filing such application; the street locations and legal description of the premises in respect of which the application is submitted; the relief sought in the application whether a variance, special use or an amendment; the existing use classification of the subject premises; the proposed use (or in the case of an amendment, the proposed use classification) for which the applicant is applying; the facts relied upon for such application; and the signature of the applicant or his attorney or agent and any other information deemed necessary by the zoning board of appeals. Each application shall be accompanied by a filing fee.

(3)

Documents accompanying application. Application for a variance, special use, or an amendment shall be accompanied by: (i) a certificate of title, a title insurance policy, or similar documentary evidence of the interest of the application in the subject premises; (ii) a plat of survey of the subject premises certified by a licensed Illinois registration land surveyor not more than three years earlier than the date on which the application is submitted; and (iii) a preliminary plan for the proposed use. Application for variances and special use shall also be accompanied by affidavits in the form prescribed by the zoning administrator and the zoning board of appeals to the effect that the applications sought complies with the standards set forth in the zoning ordinance. In addition to items (i) and (ii) above, applications for certifications as a legal non-conforming structure or use shall be accompanied by: (i) the most recent tax bill for the property; (ii) recent and accurate photographs of the property; (iii) any evidence that the property existed as a legal nonconforming use prior to March, 1952.

(b)

Transcripts. Any party may arrange for the attendance at a hearing of a certified court reporter who shall be prepared to report the proceedings when the hearing is called. The application shall furnish the zoning board or appeals a copy of the transcript without charge.

(Ord. No. 94-3, § 1, 2-7-1994; Ord. No. 2018-29, Art. II, § 3.0, 7-3-2018)

Notice of any hearing conducted relating to appeal of a decision of an administrative official, a proposed variation, a proposed map amendment to this ordinance or a proposed special use shall be published in a newspaper in general circulation in the Village of Stickney not more than 30 nor less than 15 days before the hearing at which the appeal, proposed variation, map amendment or special use is considered. Further, said notice shall be served by the applicant (not more than 30 days or less than 15 days before any such hearing) upon the owners as recorded in the recorder of deeds or the registrar of titles for Cook County, or as appears from the authentic tax records of the county treasurer, of all property within 250 feet in each direction of the location for which the appeal, variation, map amendment or special use is sought; provided that the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement. Service of said notice shall be either in person or by registered mail, return receipt requested.

The notice shall contain the following information:

(1)

The legal description and address of the property for which the appeal, variation, map amendment or special use is sought.

(2)

The name and address of the legal and beneficial owner(s) of the property for which the appeal, variation, map amendment or special use is sought.

(3)

The date and time of the hearing to be conducted by the zoning board of appeals and the location in which said hearing will be conducted.

(4)

A statement describing the decision sought and/or variation, map amendment or special use being considered by the zoning board of appeals.

If after a bona fide effort to determine the address of a person entitled to notice, the applicant for any appeal, variation, map amendment or special use, the owner of property on which the notice is served cannot be found at his last known address, or the last mailed notice is returned because the owner cannot be found at his last known address, the notice requirement of this ordinance shall be deemed satisfied. A copy of any notice sent pursuant to this section shall be served upon the zoning administrator.

(Ord. No. 2016-01, Art. II, § 4.1 1-5-2016)

No variation, amendment or special use permit shall be granted without the approval of two thirds of the members of the village board then in office if the zoning board of appeals recommends that said variation, amendment or special use be denied, or if the proposed variation, amendment or special use is the subject of a zoning protest.

For the purposes of this section, a zoning protest shall be made when the owners of 20 percent of the frontage to be altered, or the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, file one or more statements with the clerk of the village objecting to the proposed change and serve a copy of said protest upon the applicant or upon the applicant's attorney by certified mail at the address shown on the notice of the public hearing.

Any person, firm, corporation, or the agents, employees or contractors of such, who violate, disobey, omit, neglect or refuse to comply with, or who resist the enforcement of any provision of this ordinance shall be subject to a fine of not more than $200.00 for each offense; and each day a violation continues to exist shall constitute a separate offense.

In case any building or structure, including fixtures, is constructed, reconstructed, altered, repaired, converted or maintained, or any building or structure, including fixtures or land, is used in violation of this ordinance, the village authorities or any owner or tenant of real property, within 1,200 feet in any direction of the property on which the building or structure in question is located, who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding:

(1)

To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use;

(2)

To prevent the occupancy of the building, structure or land;

(3)

To prevent any illegal act, conduct, business or use in or about the premises; or

(4)

To restrain, correct or abate the violation.

When any such action is instituted by an owner or tenant, notice of such action shall be served upon the municipality at the time suit is begun; by serving a copy of the complaint on the Stickney Village clerk; no such action may be maintained until such notice has been given.

In any action or proceeding for a purpose mentioned in this section, the court with jurisdiction of such action or proceeding has the power and in its discretion may issue a restraining order or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purposes set forth above.

If an owner or tenant files suit hereunder and the court finds that the defendant has engaged in any of the foregoing prohibited activities, then the court shall allow the plaintiff a reasonable sum of money for the services of the plaintiff's attorney. This allowance shall be a part of the costs of the litigation assessed against the defendant and may be recovered as such.

An owner or tenant need not prove any specific, special or unique damages to himself or his property or any adverse effect upon his property from the alleged violation in order to maintain a suit under the foregoing provisions.