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17-13-1203 Application. The application for appeal must be filed with the Zoning Board of Appeals and must be taken within such time as prescribed by the Zoning Board of Appeals by general rule. A notice of Appeal specifying the grounds thereof must be filed with the Office of the Zoning Administrator.
17-13-1204 Effect of Filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the Zoning Board of Appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In such cases, proceedings may not be stayed other than by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record.
17-13-1207 Action by Zoning Board of Appeals. The Zoning Board of Appeals is the final decision- making body on Appeals. The Zoning Board of Appeals may affirm or may, upon the concurring vote of 3 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 will have all the powers of the officer from whom the appeal is taken. The Zoning Board of Appeals must grant to the Zoning Administrator's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391)
17-13-1301 When Required. Except as hereinafter provided, no permit pertaining to the use of land or buildings may be issued by any officer, department, or employee of this City unless the application for such permit has been examined by the Office of the Zoning Administrator and the Office of the Zoning Administrator has certified in writing that the proposed building or structure complies with all the provisions of this Zoning Ordinance. Any zoning certification issued in conflict with the provisions of this Zoning Ordinance may be revoked in accordance with Section 17-16-0500.
1. A plat of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a professional land surveyor or professional engineer licensed by the State of Illinois, as a true copy of the piece, or parcel, lot, lots, block or blocks or portions thereof, according to the registered or recorded plat of such land; and
2. A plat drawn to scale in such form as may, from time to time, be prescribed by the Zoning Administrator, showing the ground area, height, and bulk of the building or structure, the building lines in relation to property lines, the use to be made of the building or structure or land and such other information as may be required by the Zoning Administrator for the proper enforcement of this Zoning Ordinance. When a building permit application for the repair, remodeling and/or alteration of residential buildings or buildings of mixed residential occupancy that have been in existence for 50 or more years and that contain no more than 6 dwelling units is filed with the Department of Planning and Development, and zoning certification is sought for the present number of dwelling units existing at the time of submittal of such application, such zoning certification must be limited to certify not more than one unit over the number of units originally authorized. The permit application must be accompanied by such documents and be in such form as prescribed by the Zoning Administrator to substantiate the lawful existence of dwelling units in the building. Such documents may include, but not be limited to, affidavits, leases, utility records, or any other instruments deemed necessary by the Zoning Administrator to make a determination of authorized nonconformity.
17-13-1303 Performance Bonds. At the time the Zoning Administrator issues a zoning certification for a land use, building or parking lot that requires the submission of a landscape plan or the planting of parkway trees, the Zoning Administrator must require the posting of a performance bond or other form of financial security approved by the Zoning Administrator. The performance bond or other form of financial security must be in a form and amount as deemed adequate by the Zoning Administrator to ensure that the required landscape materials will be installed within 6 months or the next planting season.
17-13-1303-C The performance bond or other form of financial security must be released by the City after the premises have been inspected by the City and the owner has certified that all landscaping, including parkway trees, has been installed in accordance with the approved plans and specifications.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 11; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30; Amend Coun. J. 12-15-21, p. 42674, § 10)
1. make a determination of the capacity in persons of such a facility; said capacity may not exceed that established by the Commissioner of the Department of Buildings;
2. require that the applicant provide documentation that parking facilities having the capacity to provide spaces equal to 20% of that capacity (or an appropriate number as adjusted by other provisions of this Zoning Ordinance) exist within 1,000 feet of the site and are accessible to patrons of the facility (not leased or committed to other specific uses);
3. require that the applicant provide written notice, return receipt requested, to all registered voters residing within 500 feet of the proposed use; and
4. upon determination that the use applied for is permitted only as a special use in the applicable district must provide findings regarding compliance with these provisions in writing to the applicant and directly to the Chairman of the Zoning Board of Appeals.
17-13-1405-B The above-stated conditions are the minimum conditions for establishment of an inter- track wagering facility as a special use under the provisions of this Zoning Ordinance. Meeting these conditions is not a waiver of the standards of Sec. 17-13-0900.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 5-9-12, p. 27485, § 195; Amend Coun. J. 5-18-16, p. 24131, § 161; Amend Coun. J. 12-15-21, p. 42674, § 11; Amend Coun. J. 12-15-21, p. 42922, § 12)