A.   The administration of this title and the promulgation of its purpose are hereby vested in the following city offices:

The office of the city building commissioner.

The zoning board of appeals.

The city council. (Ord., 5-13-1968; amd. 2015 Code)

   B.   The building commissioner or his duly designated and acting deputy shall enforce this title and, in addition thereto and in furtherance of said authority, he shall:

      1.   Issue all building permits and make and maintain records thereof;

      2.   Issue all occupancy certificates and make and maintain records thereof;

      3.   Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this title;

      4.   Maintain permanent and current records of this title, including, but not limited to, all maps, amendments and special uses, variations, appeals and applications therefor and records of hearings thereon;

      5.   Prepare and cause to be published on or before March 31 of each year a map showing the existing zoning uses, divisions, restrictions, regulations and classifications in effect on the preceding December 31;

      6.   Receive, file and forward to the zoning board of appeals for action all applications for variations, special uses, amendments, and the records in all appeals; and

      7.   Provide such clerical and technical assistance as may be required by the zoning board of appeals in the exercise of its duties. (Ord., 5-13-1968)

   A.   Except as hereinafter provided, no building permit pertaining to the use of land or buildings shall be issued by any employee of the city unless the application for such permit has been examined by the building commissioner and has affixed thereto or stamped thereon a certificate of the office of the building commissioner that the proposed building or structure complies with all the provisions of this title. Any permit or occupancy certificate issued in conflict with the provisions of this title shall be null and void.

   B.   Every application for a building permit for a building in the I-1 light industrial district or I-2 heavy industrial district shall have affixed thereto the certificate of an architect or registered professional engineer licensed by the state of Illinois stating that, in his opinion, the building or structure and the proposed use thereof comply with all the provisions of this title. Within twenty (20) days after the receipt of such application, with the aforesaid certificate attached thereto, the building commissioner shall affix a zoning certificate to the building permit, provided there is compliance with all relevant provisions of this title, or the building commissioner shall refuse to issue a zoning certificate and shall advise the applicant in writing as to the reasons for said refusal.

   C.   Every application for a building permit shall be accompanied by a plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks or parts or portions thereof, according to the registered or recorded plat of such land; and said plat shall further show the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure or land, and such other information as may be required by the building commissioner for the proper enforcement of this title. (Ord., 5-13-1968)

   A.   Certificate Required:

      1.   No building, or addition thereto, constructed after the effective date hereof and no addition to a previously existing building shall be occupied, and no land vacant on the effective date hereof shall be used for any purpose until an occupancy certificate has been issued by the office of the building commissioner.

      2.   No change in a use in the B or I districts shall be made until an occupancy certificate has been issued by the office of the building commissioner. Every occupancy certificate shall state that the use or occupancy complies with all the provisions of this title.

   B.   Application For Certificate: Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land where no building permit is required shall be made directly to the office of the building commissioner.

   C.   Issuance Or Denial Of Certificate:

      1.   No occupancy certificate for a building or addition thereto constructed after the effective date hereof shall be issued until construction has been completed and the premises inspected and certified by the office of the building commissioner to be in conformity with the plans and specifications upon which the zoning certificate was based.

      2.   No addition to a previously existing building shall be occupied in any district and no new use of a building in any B or I district shall be established until the premises has been inspected and certified by the office of the building commissioner to be in compliance with all the applicable standards of the zoning district in which it is located.

      3.   Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six (6) months from its date during the completion of any addition or during partial occupancy of the premises.

      4.   An occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued not later than fourteen (14) days after the office of the building commissioner is notified in writing that the building or premises is ready for occupancy. (Ord., 5-13-1968)

   A.   All petitions shall be brought in the name of the record title owner, or the owner or owners of the beneficial interest, individually or through their attorneys or authorized agent. If a contract purchaser or tenant shall be involved, either with or without a contingent right, the contract purchaser or tenant shall be revealed and become a second party to the petition, but such contract purchaser or tenant may not file without the owner.

   B.   Every appeal which shall be made to the zoning board of appeals shall be initiated in the following manner only:

      1.   There shall be delivered to the building commissioner a proper petition requesting such hearing and setting forth the facts and details as prescribed by ordinance.

      2.   There shall be paid to the building commissioner the required filing fee.

      3.   In the event the location or description in the petition of the property concerned is such as to not be adequately ascertainable, in the opinion of the building commissioner, then a plat of survey, made by a registered Illinois land surveyor, shall be attached to the petition when filed, or shall be presented at the time of the hearing.

      4.   The petitioner, his attorney or his agent, shall also furnish the building commissioner with the full names and addresses of the persons who have last paid taxes on all property contiguous to or abutting the parcel or parcels concerned in the petition, including such taxpayers of record as may own property across the road, street, or alley which may abut the premises concerned on one or more sides. It shall then be the duty of the building commissioner to send such persons a copy of the publication notice concerning the hearing by certified mail. The petitioner shall furnish the building commissioner with as many copies of the publication notice as shall be required for this purpose.

   C.   All publication notices shall contain a simple description of the property as to area and location, of such a nature as to enable the ordinary reader to accurately locate such parcel. This description shall be in addition to the required metes and bounds or lot and block description.

   D.   In the event objectors to any petition shall employ counsel to represent them at the hearing, it shall be the obligation of such counsel to notify the petitioner, his attorney or agent, that he has been so retained and will be present to object. Such notice shall be delivered to the petitioner, his attorney, or agent, not later than four (4) days prior to the scheduled hearing date. Failure of the objector's counsel to give such notice shall give the petitioner, his attorney or agent, the option to postpone the hearing until another day certain.

   E.   Continuances may be granted on good cause shown and at the discretion of the zoning board of appeals by majority vote.

   F.   Attorneys may submit a listing of proponents or opponents of the petition, and the same will be accepted as an exhibit. However, such a list shall contain nothing more than the signatures of those for or against the petition, along with a brief statement concerning their position.

   G.   When the prayer of the petition requests a change in classification only, with no prayer for a variation in the alternative, no evidence concerning type of structure or intended use shall be admitted without the approval of the zoning board of appeals.

   H.   Evidence concerning the particular use and character of use, including plans, specifications, cost of improvements and duration of use, shall be properly admitted when the petition shall request a variation, or an amendment with an alternate prayer for variation covering such particular use.

   I.   The public hearing procedure shall be as follows:

      1.   Call to order.

      2.   Parties of interest in petition present.

      3.   Reading of the petition, verification of notice by publication and to abutting owners.

      4.   Identification and recording of objectors, if any.

      5.   Presentation of evidence by petitioner.

      6.   Questions by zoning board of appeals members and by others.

      7.   Presentation of evidence by objectors.

      8.   Questions by zoning board of appeals members and by others.

      9.   Petitioner's closing statement, if desired.

      10.   Adjournment.

   J.   Any matter coming before the zoning board of appeals by scheduled hearing may be heard by any three (3) or more members of the said board. Should any less than three (3) members be present, any petitioner or objector, or representative thereof, may request a continuance of the matter in order that it may be heard before three (3) or more members of the zoning board of appeals.

   K.   The zoning board of appeals shall meet at least once a month for the purpose of voting upon all petitions heard by said board prior to the day of such voting meeting. The concurring vote of five (5) members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the appellant any matter upon which it is required to pass under this title, or to effect any variation in this title. Copies of the report of the zoning board of appeals as made to the city council shall be mailed to petitioners, their attorneys or agents, and to the attorney or agent of the objectors, if any. Such copies of the report shall be mailed not less than five (5) days prior to the meeting of the city council at which the recommendation is to be acted upon.

   L.   Should the zoning board of appeals recommend to the city council that the prayer of the petition be granted, it shall be the obligation of the attorney for the petitioner to prepare a suitable ordinance incorporating the exact findings and recommendations of the zoning board of appeals for submission to the city council in order to effect the amending or variance of the ordinance properly, should the city council accept the recommendation of the zoning board of appeals.

   M.   The report of the zoning board of appeals shall contain a short summary of the petition, location of the property, and the reasons advanced by the zoning board of appeals for rejecting or approving the prayer of the petition. The report shall also contain the recommendation of the zoning board of appeals, and shall indicate the making of the motion, the seconding thereof, and all votes for or against the motion. Members not voting or absent shall also be recorded.

   N.   A petition for variation, amendment or special use, which shall have been denied by the zoning board of appeals and the city council, shall not be brought before the zoning board of appeals again until one year shall have passed from the date of the first public hearing, unless the prayer of the petition shall request a different amendment or variation, or some change in circumstances has affected the status of the property in a substantial manner. The petitioner, his attorney or agent, may present to the zoning board of appeals such reason or reasons as he feels should be sufficient to justify a hearing on the plat or parcel within the one year period, and it shall be at the discretion of the said board to allow or disallow such subsequent hearing.

   O.   The zoning board of appeals may postpone a vote on recommendation on any petition for only one of its voting meetings, but a vote and recommendation upon such petition must be made at the next voting meeting thereafter, unless further delay is with the approval of the petitioner, his attorney or agent. (Ord., 5-13-1968)

Any applications for a variation, amendment or special use which is filed by or on behalf of the owner or owners of the property affected shall be accompanied by a fee of fifty dollars ($50.00). (Ord., 5-13-1968)

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title shall, upon conviction, be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord., 5-13-1968)

A zoning board of appeals is hereby authorized to be established. The word "board", when used in this article, shall be construed to mean the zoning board of appeals. (Ord., 5-13-1968)

The board shall consist of seven (7) members appointed by the mayor of the city, by and with the consent of the city council. The members of the board shall serve respectively for the following terms, or until their respective successors are appointed and qualified: one for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years and one for seven (7) years, the successor to each member so appointed to serve for a term of five (5) years. (Ord., 5-4-1981; amd. 2015 Code)

The mayor shall have the power to remove any member of the board for cause and after a public hearing. Vacancies upon the board shall be filled for the unexpired term of the member whose place has become vacant, in the same manner herein provided for the appointment of such member. (Ord., 5-13-1968)

The members of the zoning board of appeals shall serve without salary. (Ord., 5-13-1968)

   A.   Chair: One of the members of the board shall be designated by the mayor as chair of the board and shall hold his office as chair until his successor is appointed. The chair shall conduct all meetings of the board, but in case of his absence, the attending members shall delegate one of the members present to serve as acting chair. (Ord., 5-13-1968)

   B.   Meetings:

      1.   All meetings of the board shall be held at the call of the chair and at such other times as the board shall determine. (Ord., 5-13-1968; amd. 2015 Code)

      2.   All meetings of the board shall be open to the public.

      3.   The chair, or in his absence the acting chair, shall administer oaths to those testifying and may compel the attendance of witnesses through the use of subpoena.

      4.   Any person may appear and testify at a hearing, and it is not necessary such persons be represented by an attorney. All testimony given shall be under oath.

   C.   Minutes And Records:

      1.   The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions.

      2.   Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall be filed in the office of the building commissioner and shall be a public record.

   D.   Rules Of Procedure: The board shall adopt its own rules of procedure, not in conflict with this title, or in conflict with the applicable Illinois statutes.

   E.   Staff: The city council shall provide such secretarial, legal or administrative assistance as shall be necessary in the opinion of the council to permit the board to fulfill its functions. (Ord., 5-13-1968)

   A.   The board shall hear and decide appeals from and review any order, requirement, decision or determination made by the building commissioner. It shall also hear and decide all matters referred thereto or upon which it is required to act under this title. (Ord., 5-13-1968; amd. 2015 Code)

   B.   The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building commissioner, or to decide in favor of the applicant in any matter upon which it is required to pass under this title, or to effect any variation in this title or to recommend any variation or modification to this title to the city council. (Ord., 5-4-1981; amd. 2015 Code)

   A.   Petition For Hearing: All petitions for hearings held in accordance with the provisions of this title shall be filed with the office of the building commissioner. The petitions shall conform to the information requirements as established by this title and as the board may, from time to time, by rule provide.

   B.   Hearing Date: The board shall set a hearing date which shall be not more than sixty (60) days after the filing of the petition.

   C.   Notice Of Hearing: A notice of the hearing shall be published at least once, not more than thirty (30) nor less than fifteen (15) days before the said hearing date, in one or more newspapers with a general circulation within the city. The petitioner shall provide the notice, which shall contain information as provided by rule of the board. The board may supplement such published notice by additional form, or forms, of notice as it may by rule provide. (Ord., 5-13-1968)

   A.   The board shall have the power of recommendation only, such recommendations to include findings in accordance with the provisions of this title and to be submitted to the city council for final action in such form and at such times as are provided by rule in this title.

   B.   No amendments of the regulations of this title, or variation of the requirements of this title, or permit for special uses, shall be made or given except after a hearing before the zoning board of appeals.

   C.   In the event the report of the zoning board of appeals does not recommend passage of the proposed amendment, granting of the variation, or issuance of the special use permit, a favorable vote of two-thirds (2/3) of all members of the city council shall be required to reverse such recommendation. (Ord., 5-13-1968)

   D.   In the event a written protest against the proposed amendment, variation or special use permit is filed with the zoning board of appeals by the city council, and provided that the written protest is signed and acknowledged by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, a two-thirds (2/3) vote of all the members of the city council shall be required to effect passage of the amendment, granting of the variation, or issuance of the special use permit. (Ord., 5-13-1968; amd. 2015 Code)

   E.   The powers granted the board in this title may, from time to time, be altered, enlarged, or restricted, as the city council may from time to time determine and effect by ordinance. (Ord., 5-13-1968)

Where an application for a variation of any of the regulations of this title is made to the board in which it is alleged that practical difficulties or particular hardship, not intended or not common to the owners of property in the vicinity, will be imposed in carrying out the strict letter of any such regulation, the board may vary the application of such regulations in harmony with the general purposes and intent of this title and in accordance with the following rules:

   A.   The particular physical surroundings, shapes, or topographical condition of the specific 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;

   B.   The conditions upon which the petition for variation is based are unique and would not be applicable, generally, to the other property within the same zoning classification;

   C.   The purpose of the variation is not based exclusively upon a desire to make more money out of the property;

   D.   The alleged difficulty or hardship has not been created by any person presently having an interest in the property;

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

   F.   The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. (Ord., 5-13-1968)

   A.   Authority To Appeal: An appeal may be taken to the board by any person, firm or corporation, or by an officer, department, board or bureau affected by a decision of the office of the building commissioner relative to the interpretation of this title. (Ord., 5-13-1968)

   B.   Filing Appeal: Such appeal shall be taken within forty five (45) days of the action complained of, by filing with the office of the building commissioner and with the board of appeals a notice of appeal, specifying the grounds thereof. The building commissioner shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. (Ord., 5-13-1968; amd. 2015 Code)

   C.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the building commissioner certifies to the board after the notice of appeal has been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by a court of record on application, on notice to the building commissioner and on due cause shown.

   D.   Hearing: The board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the interested parties and shall render a written decision on the appeal without unreasonable delay. The board may affirm or may, upon the concurring vote of five (5) members, reverse, wholly or in part, or modify the order, requirement, decision or determination, as in its opinion ought to be done, and to that end, shall have all the powers of the officer from whom the appeal is taken.

   E.   Records Kept: The building commissioner shall maintain complete records of all actions of the board relative to appeals, and shall keep the city council informed on a current basis of the disposition of each case. (Ord., 5-13-1968)

   A.   Purpose: It is recognized that changes in conditions within the city may require that there be amendments from time to time to this title. Said amendments shall be made, if at all, only when it is found by the city council, following a report of the zoning board of appeals, that such amendments are required in the public interest. No amendments shall be made to this title solely for the private interest of an applicant. While variations, as herein provided, are designed to relieve individual hardship and the basis for variations is the injury which may be caused to the individual by the general application of the provisions of this title, the considerations upon which amendments shall be judged are directed exclusively to the welfare of the entire community.

   B.   Authority: The regulations imposed and the districts created under the authority of this title may be amended from time to time by ordinance, but no such amendments shall be made without a public hearing before the zoning board of appeals. (Ord., 5-13-1968)

   C.   Initiation Of Amendment: Amendments may be proposed by the city council or by any resident of or owner of property in the city. (Ord., 5-13-1968; amd. 2015 Code)

The development and execution of a comprehensive zoning ordinance is based upon the division of the city into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses are uses either municipally operated, or operated by publicly regulated utilities or uses traditionally affected with a public interest, and they are herewith designated as follows:

Airport, landing field, or landing strip.

Areas for the dumping or disposal of trash or garbage.

Bus terminal, railroad passenger stations, or any other transportation terminal facilities.

Cemeteries, crematories or mausoleums.

Extraction of gravel, sand or other raw materials.

Hospitals or sanatoriums.

Marinas, yacht clubs, boathouses and bait shops.

Nursery schools, day nurseries, and childcare centers, provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for, and that the play area is fenced and screened with plantings from any adjoining lot in any R district.

Nursing or rest home, orphanages, homes for aged.

Private park or playground.

Privately owned recreation building or community center.

Public utility facilities, i.e., filtration plant or pumping station, heat or power plant, transformer station and other similar facilities.

Radio and television (commercial) transmitting or antenna towers and other electronic equipment requiring outdoor towers and including antenna towers for the dispatching of private messages.

Railroad right of way.

Storage and sale of fertilizer, LP gas and seed.

Trailer parks.

Wind Energy Conversion Systems (Ord., 5-13-1968; amd. Ord. 2025-6-9. 6-9-2025)

Applications for special use permits shall be in the same form as those filed for variations and amendments to this title, and all procedures shall be as herein set forth in regard to such hearings and findings. (Ord., 5-13-1968)

Special uses shall be authorized by the city council; provided, that a public hearing concerning such request for special use permit shall first be held by the zoning board of appeals in proper form and, upon the recommendation of the zoning board of appeals, the city council, in order to approve the special use permit requested, shall find that:

   A.   The special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

   B.   The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection therewith, the size of the site in relation thereto, and the location of the site with respect to streets giving access thereto, shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is to be located.

   C.   The location, nature and height of buildings, walls and fences, and the nature and extent of the landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and the use of adjacent land and buildings, or will not impair the value thereof.

   D.   Parking areas shall be of adequate size for the particular use, properly located, and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances. (Ord., 5-13-1968)

The zoning board of appeals may recommend and the city council may provide such conditions or restrictions upon the construction, location and operation of a special use including, but not limited to, provisions for off street parking and loading, as shall be deemed necessary to secure the general objectives of this title and to reduce injury to the value of property in the neighborhood. (Ord., 5-13-1968)