Except as provided in this article, no building permit for any activity regulated by this chapter, as specified in section 102-3, shall be issued unless the application for such permit has affixed to it or stamped thereon a certificate of the office of the building inspector that the proposed building or structure complies with all the provisions of this chapter. Any building permit or zoning certificate issued in conflict with the provisions of this chapter shall be null and void.

(Ord. No. 65-0-18, § 11.1, 4-6-65)

Every application for a building permit shall contain or have affixed to it an application for a zoning certificate, together with a certificate of a registered architect or registered structural engineer licensed by the state, or if no architect or engineer was employed, the affidavit of the owner-builder, that the building or structure and the proposed use thereof comply with all the provisions of this chapter, or stating the extent to which the building does not so comply. Such application shall contain such information as may be specified by rule of the zoning board of appeals.

(Ord. No. 65-0-18, § 11.2, 4-6-65)

Within 20 days after the receipt of an application for a zoning certificate together with such information and documents as required by section 102-232, the building inspector shall affix a zoning certificate to the building permit provided all relevant provisions of this chapter are complied with, or the building inspector shall refuse to issue a zoning certificate and shall advise the applicant in writing of his reasons for his refusal.

(Ord. No. 65-0-18, § 11.3, 4-6-65)

Every application for a building permit shall also be deemed to be an application for an occupancy certificate. No occupancy certificate shall be issued unless all provisions of this chapter have been complied with.

(Ord. No. 65-0-18, § 11.4, 4-6-65)

(a)

Scope and commencement of appeals.

(1)

An appeal from a decision of the office of the building inspector relative to the interpretation of this chapter may be taken to the zoning board of appeals by any person or by any officer, department, board or bureau affected by such decision.

(2)

Such appeal shall be taken within 45 days of the action complained of by filing with the building inspector and with the board of appeals a notice of appeal in such form as the board may, from time to time, provide by general rule. Notice of the decision by the building inspector shall be given by certified mail. The building inspector shall forthwith transmit to the zoning board of appeals all of the papers constituting the record upon which the decision appealed from was made.

(3)

Applications for an appeal from a decision of the zoning board of appeals shall be made to the city council within ten calendar days after the decision has been made by the board.

(b)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the decision appealed from unless the building inspector certifies to the zoning board of appeals 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 circuit court on application, on notice to the building inspector and on due cause shown.

(c)

Hearing. The zoning board of appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the interested parties, including the appellant, the building inspector and any other affected party who requests in writing that he be so notified, and shall render a written decision on the appeal within a reasonable time period, but in no event more than 90 days after the filing of the notice of appeal, and shall promptly forward a copy of such decision to the interested parties.

(d)

Decision. With the concurring vote of four members, the zoning board of appeals may affirm; or may reverse, wholly or in part; or may modify the decision from which the appeal was taken and to that end the zoning board of appeals shall have all the powers of the building inspector with respect to such decision.

(e)

Fee. The fee for appeals from the decision of the building inspector or from that of the zoning board of appeals shall be $100.00.

(Ord. No. 65-0-18, § 11.5, 4-6-65; Ord. No. 91-0-72, § II, 8-5-91)

(a)

Application for zoning change.

(1)

Application. Any person or entity (Applicant) seeking any zoning change, whether by variation, amendment, special use permit, planned unit development, or subdivision shall file with the recording secretary of the planning and zoning commission an application for zoning change on a form as provided in the rules of the planning and zoning commission. Any application for zoning change shall contain all information necessary to show why, in the opinion of the applicant, a zoning change should be approved, and shall be accompanied by an application for zoning certificate.

(2)

Notice for public hearings. Within 60 days after the filing of such application, the Planning and Zoning Commission shall hold a public hearing on such application. Notice of such hearing shall be published at least once, not more than 30 days nor less than 15 days prior to the hearing, in one or more newspapers published within the city. Such notice shall be in the form provided by the rules of the planning and zoning commission and shall contain the date, time and place of the hearing, the street address or common description of the property involved, and a brief description of the proposed use or construction. The recording secretary of the planning and zoning commission shall undertake any and all publication requirements with the applicant being solely responsible for any and all costs associated with same.

In addition, the zoning administrator shall give due notice of the place and time for all public hearings by certified mail to all interested persons, with return receipt requested, not more than 30 days nor less than 15 days prior to the hearing. The cost of such mailed notification shall be borne by the Applicant and such cost reimbursed to the city prior to the hearing. The zoning administrator shall furnish the planning and zoning commission proof of these receipts at the time of hearing. Such notice shall state the name and address of the applicant, the name and address of the owner of the property, the location of the property, and a brief description of the nature of the request for amendment, special use, variation, planned unit development, or subdivision being sought by the applicant accompanied by a copy of the applicant's application. Such notice shall be provided to the property owners of all property adjacent to and within 250 feet in each direction of the location for which the amendment, special use, variation, planned unit development, or subdivision is sought. Said 250-foot requirement shall be determined from property line to property line and shall exclude the number of feet occupied by all public roads, streets, alleys, and other public ways for purposes of determining this requirement. The planning and zoning commission may adopt any such further rules providing for additional forms of notice as it may deem necessary.

(3)

Posting of sign. The city shall place a sign to be visually displaced on the front portion of the property for which the application and supporting documentation has been filed for all public hearings for zoning change, amendment, variation, special use permit, planned unit development, or subdivision. Said sign shall state that a public hearing regarding a zoning issue has been scheduled and a telephone number at the City of Zion to direct inquiries for specific information.

(b)

Re-application for zoning change. Any person seeking any zoning change, whether by variation, amendment, special use permit, or planned unit development, shall be prohibited from filing with the secretary of the zoning board of appeals any subsequent application for zoning change for a period of 12 months from the date of any previous planning and zoning commission hearing and finding on said variation, amendment, special use permit, or planned unit development, or determination by city council, whichever occurs later.

(c)

Hearing. The hearing shall be conducted in accordance with the rules of the zoning board of appeals. The secretary of the zoning board of appeals shall keep written minutes of all hearings. Any applicant or interested party may make a verbatim transcript of the hearing, provided a copy of such transcript is furnished to the secretary of the zoning board of appeals without charge for inclusion in the minutes.

(d)

Board action. Within 60 days after the hearing the zoning board of appeals shall act on the application for zoning change in one of the following ways:

(1)

The zoning board of appeals may recommend to the city council that the applicant be granted a variation from the bulk regulations or general standards, but not use regulations, of this chapter if the zoning board of appeals finds that:

a.

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district.

b.

The plight of the owner is due to unique circumstances.

c.

The variation, if granted, will not alter the essential character of the locality.

(2)

The zoning board of appeals may recommend to the city council that the applicant be granted a planned development variation if the board finds that the application meets the standards of subsection (h) of this section.

(3)

The zoning board of appeals may recommend to the city council that the applicant be granted a special use permit if the board finds that the application meets the standards of subsection (g) of this section.

(4)

The zoning board of appeals may recommend to the city council that this chapter be amended in a manner specified by the board.

(5)

The zoning board of appeals may recommend to the city council that no zoning change be granted.

The concurring vote of four members of the zoning board of appeals shall be necessary to take any of the above actions. The zoning board of appeals may also recommend to the city council the imposition of such conditions and restrictions upon the property as may be necessary to reduce or minimize the injurious effect of any variation or special use permit upon other property in the neighborhood.

(e)

Board opinion. The zoning board of appeals shall prepare a written opinion regarding each action taken, stating:

(1)

Its recommendations as to the requested zoning change, together with an explanation of why a particular form of zoning change is desirable.

(2)

All findings of fact setting forth in detail the specific reasons why the recommendation is made in this case.

(3)

Where the grant of variation or special use permit is recommended, its recommendation as to the imposition of conditions and restrictions.

Any or all members of the zoning board of appeals who do not concur in the recommendation of the majority of the board may prepare a written dissenting opinion, to be clearly captioned as such. Such advisory opinion and dissenting opinion shall be promptly delivered to the city council and the applicant.

(f)

Action by city council. Upon receipt of the zoning board of appeals' opinion on any request for zoning change, the city council shall thereupon consider such matter in the ordinary course of its business and procedure. The council may grant a variation or special use permit by ordinance, and may impose such conditions and restrictions upon the premises benefited by a variation or a special use permit as may be necessary to reduce or minimize the injurious effect of such variation or special use permit upon other property in the neighborhood, or the council may amend this chapter in such a way as to grant the specific relief requested by the applicant; provided, however, that if the amendment will significantly affect property outside the immediate neighborhood of the property which is the subject of the application, the council shall schedule a further public hearing on the proposed amendment under the regulations provided in section 102-237.

(g)

Period of validity. No variation or special use permit granted by the city council shall be valid for a period longer than 180 days from the date of the ordinance granting such variation or special use permit, unless within such 180-day period:

(1)

A building permit is obtained and the erection or alteration of a building is started; or

(2)

A use is commenced.

The city council may grant additional extensions not exceeding 180 days each, upon written application, without notice or hearing.

(h)

Standards for special use permits. No special use permit shall be granted unless:

(1)

The special use is a use designated by this chapter as permitted in the applicable district upon the issuance of a special use permit.

(2)

The special use complies with all applicable bulk regulations and general standards of this chapter.

(3)

The special use at the location is necessary for the public convenience.

(4)

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

(5)

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 unreasonably hinder or discourage the appropriate development and use of adjacent land and buildings.

(6)

Parking areas shall be of adequate size for the particular use, properly located, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances.

(7)

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

(i)

Standards for planned development variation. No planned development variation shall be granted unless:

(1)

The property for which the variation is granted exceeds five acres in size, and the size of the property makes it necessary that the regulations of this chapter be varied in such a manner that will promote the most efficient and economical use of the property.

(2)

To the extent that any planned development permits a use not otherwise permitted by this chapter, the city council shall specifically set forth in the ordinance granting such planned development variation the reasons why the proposed use is necessary to provide a service or facility which is in the interest of public convenience and which will not be detrimental to persons or property in the vicinity.

(3)

To the extent that any planned development permits a reduction in the bulk regulations which would otherwise be applicable, the city council shall specifically set forth in the ordinance granting such planned development variation the advantages to the public resulting from the planned development which will outweigh any injury to the public which may result from the reduction of the bulk regulations.

(Ord. No. 65-0-18, § 11.6, 4-6-65; Ord. No. 08-O-3, § 1, 1-2-08; Ord. No. 08-O-25, § 1, 3-18-08)

(a)

Authority. The city council may amend this chapter in response to an application for zoning change, as provided in section 102-236; in addition, the council may also amend this chapter by following the procedures set forth in this section. Whenever the amendment will affect property outside the immediate neighborhood of property owned by an applicant for zoning change, the procedures set forth in this section shall be followed instead of, or in addition to, the procedures set forth in section 102-236.

(b)

Notice and hearing. Amendments may be proposed by the mayor or any member of the city council, or by the plan commission or the zoning board of appeals, or by any other person, by delivering a proposed amendment to the city clerk. When amendments are proposed in such manner, the city council may direct that a public hearing shall be held on such proposed amendment before the plan commission, the zoning board of appeals or a committee of the city council, or any combination thereof, as the city council shall deem most appropriate in each particular instance. Notice of such hearing shall be published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers published within the city. The published notice may be supplemented by such additional form of notice as the zoning board of appeals by rule may provide. The zoning board of appeals may in its discretion request any other board, commission or city official to furnish the zoning board of appeals with a written recommendation regarding any proposed amendment.

(c)

Report. Following such hearing the body before such hearing was held shall transmit to the city council a written report giving its findings and recommendations for action to be taken by the city council in regard to the application.

(d)

Action by city council. After receiving the report of the body before which the hearing was held, the city council may enact the amendment with or without change, or may reject it, or may refer it back for further consideration. If no action is taken by the city council within 120 days after the report has been submitted to the city council, the application shall be deemed to have been denied.

(e)

Protests. To the extent provided by law, the filing of protests by neighboring property owners shall require the vote of an extraordinary majority of the city council for passage of the amendment. See section 11-13-14 of the Illinois Municipal Code (Ill. Rev. Stat. ch. 24, § 11-13-14.

(Ord. No. 65-0-18, § 11.7, 4-6-65)

Editor's note— Ord. No. 2001-0-19, § 2, adopted April 17, 2001, repealed § 102-238, which pertained to zoning board of appeals. See the Code Comparative Table.

(a)

Generally. The fee for each application for a zoning change, zoning variation (use or bulk regulation), or special use permit shall be as follows:

(1)

City: $550.00 plus $15.00 per acre or any portion thereof; plus

(2)

Township: $55.00 plus $6.00 per acre or any portion thereof; plus

(3)

Fees for professional engineering, legal and planning services which includes services provided by both city staff and any outside consultants hired by the city.

(b)

Planned unit development. The fees for each planned unit development (PUD) shall be as follows:

(1)

For sketch plan review by the planning commission: $125.00.

(2)

Preliminary PUD:

a.

City: $800.00 plus $15.00 per acre or portion thereof, or per lot or dwelling unit, whichever is greater; plus

b.

Township: $30.00 plus $6.00 per acre or any portion thereof; plus

c.

Fees for professional engineering, legal and planning services which includes services provided by both city staff and any outside consultants hired by the city.

(3)

Final PUD:

a.

City: $800.00 plus $15.00 per acre or any portion thereof, or lot or dwelling unit, whichever is greater; plus

b.

Fees for professional engineering, legal and planning services provided by both city, staff and outside consultants hired by the city.

(c)

Hourly rate for services.

(1)

The hourly rate to be charged for city employees shall be as follows:

a.

Professional staff—$50.00 per hour.

b.

Technical staff—$25.00 per hour.

(2)

The hourly rate for all other consultants, providing services, but not as employees of the city, shall be at the hourly rate charged to the city by such outside consultants.

(d)

Payment.

(1)

The fees provided in this section shall be paid in full to the city treasurer at the time of the filing of the application with the exception of the fees for professional engineering, legal and planning services. No action shall be taken by the zoning board of appeals until such fee is paid.

(2)

Fees for professional engineering, legal and planning services shall be paid upon receipt of an invoice for such services from the city. Failure to pay for such services upon receipt of the invoice shall stay all further proceedings on the matter.

(Ord. No. 65-0-18, § 11.9, 4-6-65; Ord. No. 76-0-50, § 1, 5-18-76; Ord. No. 91-0-48, § II, 5-6-91; Ord. No. 16-O-14, § I, 4-5-16; Ord. No. 19-O-14, § I, 5-7-19)

Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be fined not less than $100.00 nor more than $750.00. Each day such violation or failure to comply is permitted to exist shall constitute a separate offense.

(Ord. No. 65-0-18, § 11.10, 4-6-65; Ord. No. 95-0-76, § I, 10-17-95; Ord. No. 16-O-9, § I, 3-1-16)