The zoning administrator is hereby authorized and directed to administer and initiate enforcement of the provisions of this ordinance. This includes, but is not limited to, the following duties:

(A)

To review and pass upon applications for certificates of zoning compliance;

(B)

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

(C)

To review and forward to the zoning board of appeals all applications for variances;

(D)

To review and forward to the plan commission all applications for map amendments, text amendments, planned unit developments, and special use permits for public hearings and recommendations;

(E)

To maintain up-to-date records of this ordinance including, but not limited to, district maps, certificates of zoning compliance, special use permits, temporary use permits, variances, interpretative decisions, amendments and all related matters;

(F)

To review the provisions of this ordinance to determine whether revisions are needed and to make recommendations on these matters to the plan commission at least once per year;

(G)

To annually publish any revisions of this ordinance including the zoning district map and any amendments thereto; and

(H)

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

The administrator shall be responsible for recording all of the proceedings and examinations of the zoning board of appeals; and shall indicate the absence of any member, the vote or abstention of each member on each question and any official action taken. A copy of every rule, variance, order or decision of the board shall be filed and shall be a public record.

The administrator shall be responsible for recording all of the proceedings and examinations of the plan commission; and shall indicate the absence of any member, the vote or abstention of each member on each question and any official action taken. A copy of every decision of the commission shall be filed and shall be a public record. The administrator shall be responsible for the preparation of the finding of fact.

The intent of this provision is to allow for an expedited review of variances that are deemed to be minor in nature, such as a surveying error or change in zoning regulations, and would not create a negative impact on the surrounding community. The zoning administrator shall be responsible for the review and determination of all minor variance applications. The zoning administrator shall have the authority to approve a minor variance of ten (10) percent or less as to setbacks or bulk regulations of the West Chicago Zoning Code.

An application for a minor variance is required. Said application may be obtained from the City of West Chicago Community Development Department.

After the zoning administrator receives a completed application, and any other documentation as may be deemed necessary, the administrator shall provide the applicant with a decision, in writing, based on the findings of fact for a variance set forth in section 5.4-4 within twenty-one (21) days after receiving a complete application. If the minor variance is denied or the zoning administrator, in his sole discretion, determines further consideration is required, the applicant may submit an application for a formal variance to be considered by the city's zoning board of appeals.

(Ord. No. 05-O-0067, § 19, 9-19-2005)

Upon the adoption of this ordinance, no land shall be developed, no new use or structure shall be established or erected and no existing use or structure shall be enlarged, extended, altered, relocated or reconstructed until a certificate of zoning compliance has been issued. The administrator shall not issue a certificate of zoning compliance unless he determines that the proposed work conforms to the applicable provisions of this ordinance.

Every applicant for a certificate of zoning compliance shall submit to the administrator, in graphic and/or in narrative form, all of the following items:

(A)

Items of Information.

(1)

Name, address and phone number of the applicant.

(2)

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

(3)

Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and other related information.

(4)

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

(5)

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

(6)

Existing topography of the site (USGS ten-foot contour date is acceptable).

(7)

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

(8)

Height and setbacks of the proposed structure.

(9)

Number and size of proposed dwelling units, if any.

(10)

Location and number of proposed parking/loading spaces and access ways.

(11)

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

(12)

Any other information that the administrator may require.

(B)

Relationship to building permits. Upon the effective date of this ordinance, the Building Official shall not issue any building permit for the erection, enlargement, extension, alteration or reconstruction of any structure unless the applicant for such permit presents to the Building Official a copy of the certificate of zoning compliance pertaining to such work.

Whenever the zoning administrator finds, by inspection or otherwise, that any lot, structure or use or work thereon is in violation of this ordinance, he/she shall so notify the responsible party and shall order corrective action.

The order to take corrective action shall be in writing and shall include:

(A)

A description of the premises sufficient for identification.

(B)

A statement indicating the nature of the violation.

(C)

A statement of the remedial action necessary to effect compliance.

(D)

The date by which the violation must be corrected.

(E)

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

(F)

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

(G)

A statement that failure to obey a corrective action order shall result in revocation of the certificate of zoning compliance and may result in the imposition of fines.

A corrective action order shall be deemed properly served upon the owner, occupant or operator of the offending lot, structure or use if it is:

(A)

Served personally;

(B)

Sent by certified or registered mail to his/her last known address; or

(C)

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

Whenever any work is being done in violation of a certificate of zoning compliance or the zoning ordinance, the administrator's corrective action order may state that the violation must cease immediately. In such cases, the corrective action order is equivalent to a stop order.

Notwithstanding any other provisions of the ordinance, whenever the administrator determines that any violation of this ordinance poses an imminent peril to life or property, he may institute, without notice or hearing, any necessary proceedings alleviate the perilous condition. But at the earliest possible time notice shall be served. Costs including attorney fees to be paid by violator.

Whenever any violation of this ordinance occurs, or is alleged have occurred, any person may file a complaint to the administrator. The administrator shall record such complaints, immediately investigate and if necessary, institute appropriate corrective action.

Whoever violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this code shall be fined in accordance with section 1-8 of the City of West Chicago Code of Ordinances.

(Ord. No. 03-O-0040, § 2, 6-16-2003)

ZONING BOARD OF APPEALS ^[2]

The zoning board of appeals shall hear and decide appeals from an administrative order, requirement, decision, or determination made by the zoning administrator or other authorized official of the city having jurisdiction under the zoning code.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

Any person, firm or corporation, or by any office department, board, bureau, or commission aggrieved by any decision or order of the zoning administrator in any matter related to the interpretation or enforcement of any provision of this ordinance may appeal to the zoning board of appeals.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

Appeals shall be made within forty-five (45) days of the decision by filing with the administrator and the zoning board of appeals a written notice specifying the grounds for appeal. Not more than five (5) working days after the notice of appeal has been filed, the administrator shall transmit to the zoning board of appeals all records of the case and reasons for the decision.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

An appeal stays all further action on the matter being appealed unless the administrator certifies to the board, after the notice of appeal has been filed with him, that for reasons stated in the certificate, a stay would cause imminent peril to life or property.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The zoning board of appeals shall hold a public hearing on every appeal after the filing of the appeal notice. At the hearing any interested party may appear and testify, either in person or by authorized agent. Notice indicating the location of property, time, date and place of the hearing and briefly describing the issue to be decided shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing to the party or parties seeking the appeal, and by publication in a newspaper of general circulation within this municipality.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The zoning board of appeals shall render a decision within sixty (60) days after the hearing. The board may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from, to the extent and manner that they deem appropriate. In so doing, the board of appeals has all the power of the administrator and shall notify the council of their action.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

No rehearing shall be held on a denied appeal for a period of six (6) months from the date of such denial made by the zoning board of appeals.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

PLAN COMMISSION

A variation is a relaxation of the requirements of this zoning code as applicable to a particular lot, structure or use. The city council may, by ordinance, grant certain variations from this zoning code after receiving the recommendation of the zoning board of appeals. The zoning board of appeals shall hold a public hearing and make a recommendation with a findings of fact to the council on every application for a variation to the zoning code.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

Variations from the regulations of this code shall be heard and recommended by the zoning board of appeals and shall be decided by the city council in the following instances only and in no others:

(A)

To permit the extension of a district to include an entire lot where the boundary line of the district divides a lot.

(B)

To permit any yard of less dimension than required by the applicable regulations.

(C)

To permit any building or structure to exceed the floor area ratio, height and bulk limitations imposed by the applicable regulations.

(D)

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than ninety (90) percent of the required lot area in the R-5, R-6, Commercial and Manufacturing Zoning Districts and in no event shall the area of the lot be less than eighty (80) percent of the required lot area in the ER-1, ER-2, R-2, R-3 and R-4 Zoning Districts.

(E)

To reduce the applicable off-street parking or loading facilities required by not more than twenty (20) percent of the required number.

(F)

To increase the maximum distance that required parking spaces are permitted to be located from the use served.

(G)

To permit the same off-street parking facilities to qualify as a required facility for two (2) or more uses, provided the substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.

(H)

To permit any fence, wall or hedge of less or greater dimension than required by the applicable regulations.

(I)

To permit the location, construction and continued maintenance of fences within the front yard not to exceed six (6) feet in height.

(J)

To permit any signage to exceed the maximum number, height and area limitations.

(K)

To permit variations for flood-prone areas.

(L)

To permit the following variations, in addition to those otherwise authorized by this section, with respect to structures located in a designated historic district, provided that no such variation shall be granted until the applicant has obtained a certificate of appropriateness from the historic preservation commission with respect thereto:

(1)

To permit the continued maintenance, enlargement, alteration, repair and/or replacement of a nonconforming building or structure.

(2)

To permit the construction, maintenance and use of signage that would otherwise be prohibited by the applicable regulations, with exception of the following: roof-mounted signs, neon signs located outside of the principal building, billboards, flashing signs (that portion of the sign displaying time and temperature shall be exempt from this provision), animated signs, beacons and moving signs.

(M)

To permit the construction, continued maintenance, alteration or expansion of driveways and parking areas in residential zoned districts.

(N)

To permit the reduction of the minimum area that may constitute a separate or detached part of a zoning district, by not more than twenty (20) percent of the required size.

(O)

To permit the reduction of the minimum width of a driveway, by no more than twenty (20) percent of the required width.

(P)

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient width of the lot, but in no event shall the width of the lot be less than ninety (90) percent of the required lot width in the R-5, R-6, Commercial and Manufacturing Zoning Districts and in no event shall the width of the lot be less than eighty (80) percent of the required lot width in the ER-1, ER-2, R-2, R-3 and R-4 Zoning Districts.

(Ord. No. 01-O-0099, § 2, 10-15-2001; Ord. No. 02-O-0084, § 2, 6-17-2002; Ord. No. 03-O-0115, § 1, 12-15-2003; Ord. No. 05-O-0067, § 9, 9-19-2005; Ord. No. 06-O-0022, § 1, 4-17-2006; Ord. No. 17-O-0002, §§ 3, 4, 1-16-2017)

Every application for a variation shall be filed with the zoning administrator. The zoning administrator shall transmit said application to the zoning board of appeals. The application shall contain sufficient information to allow the board to make an informed decision and shall include, but not be limited to, the following:

(A)

Name, address and phone number of the applicant.

(B)

Location of the structure/use for which the variation is sought.

(C)

Description of adjacent structures and uses.

(D)

The specific variation being requested.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The zoning board of appeals shall hold a public hearing on each request for a variation within forty-five (45) days after the application for a variation is submitted to them. At the hearing any interested party may appear and testify, either in person or by authorized agent. Notice indicating the location of property, the time, date and place of the hearing and the nature of the proposed variation shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing:

(A)

By certified mail return receipt requested of all persons residing within two hundred fifty (250) feet of property; and a certified mailing sent to all persons at the addresses appearing on a roll prepared by the County Clerk of DuPage County, listing to whom the tax bills are sent concerning parcel(s) of property which are within two hundred fifty (250) feet of the subject property will satisfy this requirement.

(B)

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

(C)

A public hearing notice sign shall be posted on the premises in a manner and number prescribed by the zoning administrator.

(Ord. No. 01-O-0099, § 2, 10-15-2001; Ord. No. 12-O-0008, § 3, 4-16-2012)

The zoning board of appeals shall recommend a variation only if it shall make a findings of fact based upon evidence presented that:

(A)

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

(B)

The condition upon which the requested variation is based would not be applicable, generally, to other property within the same zoning classification.

(C)

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

(D)

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

(E)

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

(F)

The proposed variation complies with the spirit and intent of the restrictions imposed by this zoning code.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The zoning board of appeals shall render a report, including a recommendation and findings of fact, on every request for a variation request within sixty (60) days after the public hearing. The board may recommend such conditions and restrictions upon the premises benefitted by a variation as may be necessary to prevent injurious effects therefrom upon other property in the neighborhood and to better carry out the general intent of this code. The recommendation and findings of fact shall clearly indicate the board's reasons for granting or denying any requested variation.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The city council may adopt by ordinance, upon report of the zoning board of appeals, without further public hearing, any proposed variation or may refer it back to the board for further consideration. The city council may require additional conditions and restrictions upon the premises benefitted by a variation as may be necessary to prevent injurious effects therefrom upon other property in the neighborhood and to better carry out the general intent of this code. Any proposed variation which fails to receive the approval of the board shall not be passed except by the favorable vote of two-thirds of all aldermen.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

No rehearing shall be held on a denied application for variation for a period of six (6) months from the date of such denial made by the city council.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

CITY COUNCIL

This zoning code is based upon the division of the city into districts in each of which are permitted uses that are mutually compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other, special uses which it may be necessary or desirable to allow in a given district but which, due to their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. The city council may, by ordinance, grant certain special uses described in this zoning code after receiving the recommendation of the zoning board of appeals. The zoning board of appeals shall hold a public hearing and make a recommendation with a findings of fact to the council on every application for a special use.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

Special uses classified in this zoning code fall into two (2) categories as follows:

(A)

Uses either municipally operated or operated by publicly regulated utilities or uses traditionally affected by public interest.

(B)

Uses entirely private in character which, due to their particular locational needs, may or may not be compatible with adjacent uses. The purpose of the special use is to ensure that all granted special uses comply with the purpose and intent of the zoning ordinance.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

Every application for a special use shall be filed with the zoning administrator. The zoning administrator shall transmit said application to the zoning board of appeals. The application shall contain sufficient information to allow the board to make an informed decision and shall include, but not be limited to, the following:

(A)

Name, address and phone number of the applicant.

(B)

Location of the property for which the special use is sought.

(C)

Description of adjacent structures and uses.

(D)

The special use requested.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The zoning board of appeals shall hold a public hearing on every special use application after the application is submitted to them. At the hearing any interested party may appear and testify, either in person or by authorized agent. Notice indicating the location of property, the time, date and place of the hearing and the nature of the proposed special use shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

(A)

By certified mail return receipt requested of all persons residing within two hundred fifty (250) feet of the property; a certified mailing sent to all persons at the addresses appearing on a roll prepared by the County Clerk of DuPage County, listing to whom the tax bills are sent concerning the parcel(s) of property which are within two hundred fifty (250) feet of the subject property will satisfy this requirement;

(B)

By publication in a newspaper of general circulation within this municipality; and

(C)

A public hearing notice sign shall be posted on the premises in a manner and number prescribed by the zoning administrator.

(Ord. No. 01-O-0099, § 2, 10-15-2001; Ord. No. 12-O-0008, § 4, 4-16-2012)

The zoning board of appeals shall recommend a special use only if it shall make a findings of fact based upon evidence presented that the special use:

(A)

Is necessary for the public convenience at that location or, in the case of existing nonconforming uses, a special use permit will make the use more compatible with its surroundings;

(B)

Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

(C)

Will not cause substantial injury to the value of other property in the neighborhood in which it is to be located; and

(D)

The proposed special use is designated by this code as a listed special use in the zoning district in which the property in question is located.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The zoning board of appeals shall render a decision on a request for a special use permit within sixty (60) days after the hearing. The board may recommend such conditions or restrictions upon the special use permit as may be deemed necessary to secure the general objectives of this zoning code, and notify the city council of their recommendations with their findings of fact.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The city council may adopt by ordinance, upon report of the zoning board of appeals, without further public hearing, any proposed special use or may refer it back to the board for further consideration stating the reasons for referral.

(A)

No special use shall be granted by the city council unless the proposed special use shall meet the requirements set forth in the findings of fact.

(B)

Following the recommendations of the zoning board of appeals the city council may provide such conditions or restrictions upon the construction, location and operations of a special use including, but not limited to, provisions for the protection of adjacent property, the expiration of such special use after a specific period of time, off-street parking and loading, as may be deemed necessary to secure the general objectives of this zoning code and to reduce injury to the value of the property in the neighborhood.

(C)

Any proposed special use which fails to receive the approval of the zoning board of appeals shall not be passed except by the favorable vote of two-thirds of all aldermen then holding office.

(D)

In case of a written protest against any proposed amendment or decision of the regulations or districts, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley there from, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered is filed with the clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds of the aldermen then holding office. In such cases, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's agent, if any, by certified mail at the address of such applicant and agent shown in the application for the proposed amendment.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

No rehearing shall be held on a denied application for special use for a period of six (6) months from the date of such denial made by the city council.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

In the event the city council establishes no time limitation within which the proposed special use is to be exercised, then the permit shall expire in one (1) year if it is not operational. Nothing shall preclude an applicant from reapplying for the same special use permit upon expiration. An extension may be granted with approval of the city council.

Upon making a determination that a special use permit has been revoked due to failure to meet the conditions and restrictions imposed on the special use, or due to other requirements of this zoning code, the administrator shall send written notice of said determination to the owner of the subject property by certified mail, return receipt requested.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The city council may amend this zoning code in accordance with state law and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses shall be deemed proposed amendments. Amendments may be proposed by the city council, the administrator, the zoning board of appeals, the plan commission or any party in interest.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

Every proposal to amend this ordinance shall be filed with the administrator. The administrator shall transmit said proposal, together with comments or recommendations, to the plan commission for a public hearing.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The plan commission shall hold a public hearing on every amendment proposal after said proposal has been submitted. At the hearing any interested party may appear and testify, either in person or by authorized agent. Notice indicating the location of property, the time, date and place of the hearing and the nature of the proposed amendment shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

(A)

For map amendments. By certified mail return receipt requested of all persons residing within two hundred fifty (250) feet of the property. A certified mailing sent to all persons at the addresses appearing on a roll prepared by the County Clerk of DuPage County, listing to whom the tax bills are sent concerning parcel(s) of property which are within two hundred fifty (250) feet of the subject property will satisfy this requirement.

(B)

For map and text amendments. By publication in a newspaper of general circulation within this municipality; and

(C)

For map amendments there shall be an additional notice posted on the premises at least fifteen (15) days prior to the public hearing in the manner and number prescribed by the zoning administrator. This sign will be provided by the city and shall be removed and returned to the office of the zoning administrator before the city council can take final action on the proposed amendment.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

Within sixty (60) days after the public hearing, the plan commission shall submit their advisory report to the city council. The report shall state the plan commission's recommendations regarding adoption of the proposed amendment and their reasons therefore. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the plan commission shall include in their advisory report findings of fact concerning each of the following matters:

(A)

Existing use(s) and zoning of the property in question.

(B)

Existing use(s) and zoning of other lots in the vicinity of the property in question.

(C)

Suitability of the property in question for uses already permitted under existing regulations.

(D)

Suitability of the property in question for the proposed use.

(E)

The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last zoned.

(F)

The effect the proposed rezoning would have on implementation of the comprehensive plan.

(G)

Impact on surrounding properties.

(H)

Impact on health, safety and welfare of the community.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

The city council shall act on every proposed amendment following submission of the plan commission's advisory report. Without further public hearing, the city council may pass or reject in whole or in part, any proposed amendment or may refer it back to the plan commission for further consideration by simple majority vote of all the members then holding office stating the reasons for referral. The city council shall approve all amendments by ordinance.

(Ord. No. 01-O-0099, § 2, 10-15-2001)

In case of a written protest against any proposed amendment or decision of the regulations or districts, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley there from, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered is filed with the clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds (⅔) of the aldermen of the municipality then holding office. In such cases, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's agent, if any, by certified mail at the address of such applicant and agent shown in the application for the proposed amendment.

(Ord. No. 01-O-0099, § 2, 10-15-2001)