[1975 Code § 21.17; amended by 2003 Code]
It shall be the duty of the building division to administer and enforce provisions of this title.
[1975 Code § 21.17; amended by 2003 Code]
A.
Board Created; Membership; Terms Of Office: A zoning board of appeals is hereby created for the City. The board of appeals shall consist of seven members who shall serve for a term of five years; provided, that the members first appointed after the enactment of this title shall serve terms as follows: one shall serve a term of one year; one for two years; one for three years; one for four years; one for five years; one for six years; and one for seven years; the successor to each member so appointed to serve a term of five years.
B.
Compensation; Removal From Office: All of the members of the board shall serve without compensation, and they shall be subject to removal by the Mayor and City Council.
C.
Procedures: In accordance with 65 Illinois Compiled Statutes 5/11-13-1 et seq., the following rules apply:
1.
Appointments; Vacancies In Office: All appointments to the zoning board of appeals shall be made by the Mayor subject to the approval of the City Council. Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. The one-year term of the chairman shall coincide with the municipal year of the City.
2.
Meetings:
a.
All meetings of the zoning board of appeals shall be held at the call of the chairman, and at such other times as the board may determine.
b.
All meetings of the zoning board of appeals shall be open to the public.
c.
The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions.
d.
Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the zoning board of appeals shall immediately be filed in the office of the City Clerk and be of public record.
D.
Powers And Duties: Members of the zoning board of appeals shall have the powers and duties assigned to the zoning board of appeals by statute and ordinance. Said powers as granted by the statutes of the state and this title are as follows:
1.
To hear and decide appeals from any order, requirement, decision, or determination made by the code compliance officer pertaining to conformance with requirements of this title;
2.
To hear and decide variations from the terms provided in this title in the manner and subject to the standards set forth in this chapter;
3.
To hear and decide all matters referred to it or upon which it is required to pass under this title;
4.
To post or publish notices of public hearings, and to hold such hearings as required by the applicable statutes of the state pertaining to proposed amendments to the regulations imposed and the districts created by this title and to proposed special permitted uses as provided in this title;
[Amended by Ord. 04-10-02-51, 10-18-2004]
5.
To make a written report and recommendations to the City Council on any such proposed amendments;
6.
To initiate, direct, and review studies of the provisions of this title and to make reports of its recommendations to the City Council as frequently as required by the City Council; and
7.
To establish rules of procedure for the board, supplementary to the provisions of this title.
[1975 Code § 21.17; amended by 2003 Code]
The code compliance officer is hired by the City Council and shall have the authority to:
A.
Issue all building permits and certificates of occupancy and make and maintain records thereof.
B.
Conduct inspections of buildings, structures, and uses and to determine compliance with the terms of this title.
C.
Maintain permanent and current records of this title, including, but not limited to, all maps, amendments and special permitted uses, variations, appeals, and applications therefor.
[Amended by Ord. 04-10-02-51, 10-18-2004]
D.
Receive, file, and forward to the zoning board of appeals all applications for appeals, variations, and other matters on which the zoning board of appeals is required to decide under this title.
E.
Provide such clerical and technical assistance as may be required by the zoning board of appeals in the exercise of its duties.
[Ord. 49, 4-1-1977; amended by 2003 Code; Ord. 667, 5-20-1996]
A.
Permit And Compliance Required: Application for building permit shall be made prior to the construction or erection of any building or structure, and prior to the cutting or excavation of any street in the City,[1]and prior to tapping onto any water main[2] or sewer[3] in the City. Failure of the owner or contractor to obtain a permit as described herein shall be a violation of this title. No permit pertaining to the use of land or buildings shall be issued unless the City has certified, after examination, that it complies with all provisions of this title.
B.
Application, Fees And Permit Regulations: All applications for building permits and fees charged for issuance of the same, and the issuance and regulation of such permits, shall be regulated by the applicable provisions of the City building code (as amended), as set forth in Title 9, Chapter 9-1, of this Code.
C.
Effect Of Permit: Substantial construction or erection of any building or structure must be completed within one year after the issuance of the building permit.
[1975 Code § 21.17]
A.
Certificate Required: No land shall be occupied or used and no building hereafter erected or substantially altered, as determined by the City, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the City stating that the building complies with all the building and health laws and ordinances and with the provisions of these regulations.
[Amended by 2003 Code]
B.
Application, Fee And Certification Regulations: Certificates for occupancy shall be applied for on forms provided by the City and available in the City Clerk's office. Application must be made promptly upon completion of the erection or alteration of any structure or land subject to this zoning title. The certificate of occupancy application form must be properly completed and signed, with all necessary supporting documents as may be required by said application. All applications for occupancy certificates and any fee charged for issuance of the same, and the issuance and regulation of such certificates, shall be regulated by the applicable provisions of the City building code (as amended from time to time), as set forth in Title 9, Chapter 9-1, of this Code.[1]
[Amended by Ord. 581, 1-16-1995; Ord. 667, 5-20-1996; 2003 Code]
C.
Inspections: Certificates of occupancy shall not be issued until an inspection has been made by the City, said inspection to be conducted in such manner as to satisfy the City that all requirements of the City, not only as to this title, but also as to any other City ordinances applicable to the construction, improvement, or alteration of any structure or land subject to this title (water hookups, sewer hookups, etc.) have been complied with, house numbers have been properly installed as required by City ordinance,[2] and all necessary driveway permits and sidewalk requirements have been met, as required by City ordinance.[3]
[Amended by Ord. 581, 1-16-1995; 2003 Code]
D.
Change In Use: No change of a principal use, as set forth in this title, shall be made in any building or part thereof now or hereafter erected or altered without a permit having been issued to make such change unless it is in conformity with the provisions of this title and amendments hereto.
E.
Existing Occupancies: Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary for safety of life and property.
[1975 Code § 21.17, amended by Ord. 452, 8-3-1992; 2003 Code; Ord. 04-10-02-51, 10-18-2004; Ord. 07-04-02-51, 4-30-2007; Ord. 14-11-02-51, 11-17-2014]
A.
Authority: Special permitted uses shall be authorized or denied by the zoning board of appeals with the regulations and conditions set forth in this title for special permitted uses after:
1.
A written report is prepared and forwarded to the zoning board of appeals in a manner prescribed herein for amendments to this title; and
2.
A public hearing has been held by the zoning board of appeals after due notice by publication as provided by the applicable statutes of the state for amendments, and the findings and recommendations of the zoning board of appeals have been reported to the City Council.
B.
Application; Fees; Notice Requirements: An application for a special permitted use may be made by any person, firm, or corporation, or by any officer, department, board, bureau, or commission of the City requesting or intending to request a building permit and/or a certificate of occupancy or upon payment of a $100 filing fee by a resident of or a property owner in the City. A resident of or a property owner in the City shall also pay the publication fee charged by the newspaper in which notice is published of the hearing on the application for a special permitted use, promptly upon demand by the City Clerk, and subsequent to the time that the publication fee charge is made known to the City Clerk, but prior to the hearing before the zoning board of appeals. The City Clerk shall cause proper notice to be published in a newspaper published in the City or if no newspaper is published there, then in a newspaper of general circulation in the City, giving notice of the time and place of the hearing and the subject matter of the hearing, said notice to be published not more than 30 nor less than 15 days prior to the hearing. A notification sign will be posted on the property as to the time, date, place, and request of such public hearing. Upon filing the application for a special permitted use, the applicant shall pay the filing fee, and shall subsequently pay the publication fee as aforesaid.
C.
Filing Application: An application for a special permitted use, in such form and accompanied by such information as shall be established from time to time by the zoning board of appeals, shall be filed with the City Clerk.
D.
Conditions Of Special Permitted Use: No special permitted use shall be authorized unless the special permitted use:
1.
Is similar in characteristics as those uses permitted within the given district;
2.
Is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected; and
3.
Would not cause substantial injury to the value of other property in the neighborhood in which it is located.
E.
Conditional Approval: The zoning board of appeals may recommend and the City Council may require such conditions and restrictions upon the location, construction, maintenance and operation of a special use as deemed necessary to protect public health, safety, comfort and welfare, to minimize the impact of the special use on the use and enjoyment of property in the immediate vicinity, to provide for the normal and orderly development, use and improvement of surrounding property for uses permitted in the zoning district and to meet the standards set forth in Subsection D of this section.
[1975 Code § 21.17; amended by Ord. 293, 3-2-1987; Ord. 452, 8-3-1992; Ord. 621, 8-7-1995; Ord. 685, 7-15-1996; 2003 Code]
A.
Authority; General Restrictions: Following public hearing and receipt of findings and recommendations of the zoning board of appeals, the City Council, by ordinance, may grant variations in the regulations of this title. Such variations shall be in harmony with the general purpose and intent of this title and shall be granted in accordance with standards and procedures set forth herein. Variances of this title shall be in harmony with the general purpose and intent of this title and shall be granted only in those specific instances where the zoning board of appeals shall have made a finding of fact based upon the standards hereinafter prescribed. A variance may not be requested or granted where the effect of such request or grant would be to amend the zoning district boundaries.
[Amended by Ord. 07-04-02-51, 4-30-2007]
B.
Variation Procedure: An application for a variation (signed by the property owner and applicant) shall be filed with the code compliance officer, who shall forward such application to the zoning board of appeals for processing in accordance with applicable statutes of the state. No variation shall be made by the zoning board of appeals except after a public hearing before the zoning board of appeals, for which hearing there shall be notice given to the public by publication, as to the time and place and purpose of the hearing, published at least once, not more than 30 nor less than 15 days before the hearing, or, if no newspaper is published within the City, then in one or more newspapers with a general circulation within the City which is published in McLean County. A notification sign will be posted on the property as to the time, date, place, and request of such public hearing.
[Amended by Ord. 07-04-02-51, 4-30-2007]
C.
Fees: Upon filing the application for variation, the applicant shall pay $100 plus $10 for each additional variance request, and shall subsequently pay the publication fee for the required notice upon the same being made known to the City Clerk, such publication fee to be paid in all instances prior to the hearing before the zoning board of appeals.
[Amended by Ord. 04-10-02-51, 10-18-2004]
D.
Enumeration Of Variations To Be Decided By Zoning Board Of Appeals:
[Repealed by Ord. 07-04-02-51, 4-30-2007]
E.
Decisions:
1.
The concurring vote of a majority of a quorum of the members of the zoning board of appeals shall be necessary to recommend to the City Council.
2.
The City Council, by ordinance and without further public hearing, may adopt a proposed variation, or a variation may be referred to the zoning board of appeals for further consideration, and any such proposed variation which fails to receive a favorable recommendation of the zoning board of appeals shall not be adopted except by favorable vote of 3/4 of all the corporate authorities of the City then holding office.
3.
All decisions made by the City Council shall be considered final.
4.
No order of the City Council granting a variation shall be valid for a period longer than one year from the date of such order unless the building or any other required permit is obtained within such period and the erection or alteration of a building, structure or land improvement has been substantially completed or the use has commenced within such period.
[Amended by Ord. 07-04-02-51, 4-30-2007]
F.
Standards For Granting Variance:
1.
The zoning board of appeals shall not vary the provisions of this title as authorized in this section unless the board shall have made findings based upon the evidence presented to the board in the following specific cases:
a.
That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;
b.
That the plight of the owner is due to unique circumstances; or
c.
That the variation, if granted, will not detract from the essential character of the locality.
2.
For the purpose of supplementing the above standards, the zoning board of appeals, in making this determination whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
a.
That the particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out;
b.
That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;
c.
That the purpose of the variation is not based exclusively upon a desire to make money from the property;
d.
That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;
e.
That 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; or
f.
That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
G.
Conditions Of Variance: The zoning board of appeals shall require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section.
[1975 Code § 21.17; amended by 2003 Code]
A.
Authority: The zoning board of appeals shall hear and decide appeals from an administrative order, requirement, decision, or determination made by the code compliance officer or other authorized officials of the City relating to the regulations of this title.
B.
Initiation: An appeal may be taken to the zoning board of appeals by any applicant or property owner aggrieved by an administrative order, requirement, decision, or determination under this title by the code compliance officer or other authorized official of the City.
C.
Procedure: An appeal shall be filed with the City Clerk. The City Clerk shall forward such appeal to the zoning board of appeals for processing in accordance with applicable statutes of the state. No appeal shall be heard later than 30 days after filing of the appeal with the City Clerk. Upon filing the appeal, the applicant shall pay a filing fee of $25.
[Amended by Ord. 452, 8-3-1992]
D.
Decisions: All decisions, after hearing before the zoning board of appeals on appeals from an administrative order, requirement, decision, or determination relating to this title shall be final.
[1975 Code § 21.17]
A.
Authority; Restrictions Generally: The regulations imposed and the districts created under the authority of this title may be amended by ordinance in accordance with applicable statutes of the state. An amendment shall be granted or denied by the City Council only after a public hearing before the zoning board of appeals and a report of its findings and recommendations has been submitted to the City Council.
B.
Initiation; Fees; Notice Requirements: Map or text amendments, or both, may be proposed by the City Council, by the zoning board of appeals, or, upon payment of a $100 filing fee, by a resident of or a property owner in the City. A resident of or a property owner in the City shall also pay the publication fee charged by the newspaper in which notice is published of the hearing on the amendment, promptly upon demand by the City Clerk, and subsequent to the time that the publication fee charge is made known to the City Clerk. The City Clerk shall cause proper notice to be published in a newspaper published within the City, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the City, giving notice of the time and place of the hearing and the subject matter of the hearing, said notice to be published not more than 30 nor less than 15 days prior to the hearing. Upon filing the application for amendment, the applicant shall pay the filing fee, and shall subsequently pay the publication fee as aforesaid.
[Amended by Ord. 452, 8-3-1992; 2003 Code]
C.
Application Procedure: An application for an amendment shall be filed with the City. Such application shall be forwarded to the board of appeals by the City with a request to hold a public hearing in accordance with applicable statutes of the state, and thereafter to submit a report of its findings and recommendations to the City Council.
[Amended by 2003 Code]
D.
Decisions: The City Council, after receiving the report of the zoning board of appeals, and without further public hearing, may adopt or reject any proposed amendment in accordance with applicable statutes of the state, or may refer it back to the zoning board of appeals for further consideration.
[1975 Code § 21.17; amended by 2003 Code]
Anyone who, with intent, violates, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this title shall, upon conviction, be subject to penalty as provided in Title 1, Chapter 1-4, of this Code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.