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Diamond, IL Code of Ordinances
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§ 151.184 MOVING CONTAINER REGULATIONS.
   (A)   Properties in residential and business transitional districts. Moving containers shall be allowed on paved driveways to accommodate residents moving into or out of a home in the R-1, R-2 or R-3 Zoning Districts. When used to accommodate moving, containers are permitted for a maximum of 60 days (30 days for move-out, 30 days for move-in). Moving containers are not permitted in the R-4 District (except as noted below for sites under construction).
   (B)   Properties in agricultural and business districts. The placement of moving containers in agricultural or business districts is allowed on a temporary basis to facilitate business operations. Such containers shall be allowed for a maximum of 6 months. Moving containers may not occupy a required loading berth. In no instance shall moving containers be placed in front of the front wall of a principal building.
   (C)   Properties in the industrial districts. The placement of moving containers within the I-1 and I-2 Districts shall be restricted to:
      (1)   A concrete or asphalt surfaced area and within the buildable area of the lot; or
      (2)   Additional off-street loading facilities (beyond the minimum number of spaces required in § 151.182).
   (D)   Sites under construction. For properties in which there is an active building permit issued by the village for a residential or non-residential development, moving containers may be placed on a property provided that they are set back at least 10 feet from all property lines. Moving containers used for construction purposes must be immediately removed upon completion of the construction project.
(Ord. 2015-08, § 13.10, passed 6-23-2015)
§ 151.185 CARGO STORAGE CONTAINER REGULATIONS.
   (A)   Location. Cargo containers are permitted only in industrial districts. No more than 4 cargo containers may be placed on a single lot unless they comply with the cargo storage area requirements below.
   (B)   Requirements. Any cargo containers located within the village shall comply with the following provisions:
      (1)   No cargo containers shall be modified, retrofitted or used on-site for any purpose other than storage.
      (2)   Cargo containers that become unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property where kept, subject to the village’s requirements.
      (3)   All removable fastened signage displayed on any cargo container must be fully secured.
      (4)   All cargo containers visible to public rights-of-way shall be stored in a secure fashion with doors that are fully closed.
   (C)   Cargo storage areas. If more than 4 cargo containers are to be stored on a parcel, the following provisions must be met:
      (1)   Cargo containers shall not be stacked more than 4 high and such stacking shall be no closer than 1,000 feet from any residence or property zoned for residential use.
      (2)   Any such area shall be required to be screened with landscaping, fencing, berming and wall materials subject to village site plan approval (See § 151.209).
      (3)   No single cargo container storage area shall exceed 50 acres.
      (4)   Cargo containers with hazardous materials contained inside shall not be stacked.
      (5)   Cargo containers may not be grouped more than 110 feet deep with such groupings separated by drive aisles of no less than 30 feet in width or side by side in a manner parallel to the drive aisle provided such lateral placement does not exceed 110 feet in depth between drive aisles.
      (6)   Vehicles entering or leaving the cargo container storage area(s) shall be restricted to paved surfaces only and in each storage area there shall be constructed and maintained sufficient paved areas to permit all on-road vehicles to enter, exit, load, unload, maneuver and otherwise remain at all times on wholly paved surfaces within the storage area. The remainder of the storage area shall also be paved. The storage area shall include village approved drainage, storm water detention, noise control, lighting and landscaping and screening,
      (7)   Cargo containers shall not be stored or stacked immediately adjacent to any entrance into the storage area which is adjacent to a public road; each such entrance shall have a restricted area at the entrance to the storage area where no cargo containers may be stored or stacked of no less than 20,000 square feet.
      (8)   Each cargo container, truck trailer container or truck chassis shall not be stored on the site for a period longer than 6 months.
      (9)   Racking of a chassis shall be limited to 57 feet in height and chassis shall not be stacked more than 5 units high and provided such stacking and racking is supported a line of sight studies demonstrating such chassis cannot be seen from the adjacent public roadways.
      (10)   Any business that engages in the maintenance and repair of cargo containers, not located within a storage facility, that removes cargo containers from the chassis, shall be subject to the same
requirements as a cargo container storage area. This may include facilities or operations engaged in the conversion of cargo containers for a secondary use or sale.
      (11)   The cargo container storage area shall be equipped with an automatic gate system (which includes an optical character reader) and all tractors, containers and chassis entering or exiting the cargo container storage area shall drive through an optical character reader at said automatic gate.
(Ord. 2015-08, § 13.11, passed 6-23-2015)
ADMINISTRATION
§ 151.200 ORGANIZATION.
   The administration of this chapter is vested in the following offices of the village:
   (A)   Zoning Administrator;
   (B)   Planning and Zoning Commission; and
   (C)   Village Board.
(Ord. 2015-08, § 14.01, passed 6-23-2015)
§ 151.201 ZONING ADMINISTRATOR.
   The Zoning Administrator and his or her authorized organizational personnel shall administer and enforce this chapter, and in addition thereto and in furtherance of said authority, shall:
   (A)   Issue all zoning certificates and make and maintain records thereof;
   (B)   Issue “temporary permits” authorized by this chapter;
   (C)   Conduct inspections of buildings, structures, and land to determine compliance with this chapter, and notify in writing the person responsible for any violation found, indicating the nature of the violation and ordering the action necessary to correct it;
   (D)   Order the discontinuance of illegal use of land, buildings, or structures; the removal of illegal buildings or structures or of illegal additions, or structural changes, or shall take any other action authorized by state law or by this chapter to ensure compliance with or to prevent violation of its provisions;
   (E)   Maintain permanent and current records of this chapter, including, but not limited to all maps, amendments, special use permits, planned unit developments, variations, appeals, applications, and records of hearings and decisions;
   (F)   Advise all persons seeking zoning information relating to the official plans of the village;
   (G)   Provide and maintain a source of public information relative to all matters arising out of this chapter;
   (H)   Receive, file, and forward to the Planning and Zoning Commission and Village Board, as applicable, all applications for amendments, special use permits, planned unit developments, and other matters on which the Planning and Zoning Commission or Village Board is required to pass under this chapter;
   (I)   Provide and maintain a public information bureau relative to all matters arising out of a comprehensive amendment;
   (J)   Review all property which has been the subject of legal action invalidating the decision of the Village Board on such matters and note such legal action directly upon the village’s Zoning Map;
   (K)   Initiate, direct, and review, from time to time, a study of the provisions of this chapter and make recommendations as such study requires;
   (L)   Keep the Village Board advised of zoning activities; and
   (M)   Decide or make recommendations on all matters under this chapter upon which the Zoning Administrator is required to act.
(Ord. 2015-08, § 14.02, passed 6-23-2015)
§ 151.202 PLANNING AND ZONING COMMISSION.
   (A)   Creation and membership.
      (1)   The Village Planning and Zoning Commission shall consist of 5 members who are residents of the village and who will serve respectively for staggered terms of 4 years. The term of office for each Commissioner shall begin on May 1 of the year of appointment and shall conclude on April 30 of the year the term of appointment concludes or thereafter until his or her successor is duly appointed and qualified.
      (2)   The Mayor of the village shall appoint all members of the Village Planning and Zoning Commission with the advice and consent of the Village Board. The Mayor shall annually appoint the
Chair of the Commission. The Chair shall serve from May 1 to April 30 or thereafter until the Chair successor is appointed.
   (B)   Jurisdiction. The Planning and Zoning Commission is hereby vested with the following jurisdiction and authority:
      (1)   To hear appeals from and review any order, requirement, decision or determination made by the Zoning Administration charged with the enforcement of this chapter;
      (2)   To conduct public hearings on and make recommendations to the Village Board on applications for variation, special use, amendment, and planned unit development in the manner prescribed by and subject to the standards established in this chapter;
      (3)   Receive from the Zoning Administrator the recommendations as to the effectiveness of this chapter and report its conclusions and recommendations to the Village Board; and
      (4)   To hear and decide all matters referred to it or upon which it is required to pass under this chapter, or prescribed by the applicable provisions of the Illinois Municipal Code.
   (C)   Meetings and rules.
      (1)   All meetings of the Planning and Zoning Commission shall be held at the call of the Chair and at such times as the Planning and Zoning Commission shall determine.
      (2)   A public hearing shall be conducted by the necessary quorum of the Commission. A quorum shall consist of 3 members.
      (3)   Except as otherwise provided herein, the Planning and Zoning Commission shall adopt its own rules of procedure provided such rules are in compliance with the Illinois Municipal Code.
      (4)   Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney.
      (5)   The Chair, or in his or her absence, the Acting Chair, may administer oaths and compel the attendance of witnesses.
      (6)   The Secretary shall keep minutes of the Planning and Zoning Commission 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 meetings and other official action. A copy of every rule or regulation, amendment, order, requirement, decision or determination of the Planning and Zoning Commission shall be filed immediately with the Zoning Administrator. The Planning and Zoning Commission may adopt other rules and regulations of procedure not in conflict with this chapter or the Illinois Municipal Code.
      (7)   Before an application may be filed with and officially accepted by the Zoning Administrator, the applicant must insure that the application is complete and that it includes the following documentation:
         (a)   Evidence that the applicant is the owner of record of the property in question. If the owner is represented by an agent other than an attorney, the owner must supply a notarized statement naming the agent and indicting that said agent is acting on the owner’s behalf.
         (b)   Evidence that the property described in the application is a legally recorded “lot of record.”
         (c)   A single plat of survey which encompasses the entire property subject to an application for a map amendment, special use permit, or variance, prepared by a State of Illinois registered land surveyor, showing the property boundaries and the location of any existing or proposed structures on the property. The plat of survey shall be submitted on paper having dimensions not larger than 11 inches by 17 inches. Submission of an electronic copy of the plat of survey in PDF format is also required.
         (d)   Permitting approval or necessary corrective action indicated by the County Health Department.
         (e)   Permitting approval or necessary corrective action indicated by the appropriate public roadway authorities or proof that the reviews required had not been completed within 30 days of the applicant’s request.
         (f)   Review approval or necessary corrective action indicated by the appropriate fire protective district, in whose primary jurisdiction the property is located, when the application involves a multi-family dwelling, residential subdivision development, commercial or industrial property, any planned unit development (PUD), or any division of land which will create 2 or more new principal uses of land.
         (g)   Review and comment from the Claypool Drainage District.
         (h)   Eight copies of such application and supporting documentation shall accompany the original application.
   (D)   Public hearings and notice requirements. The following provisions shall apply to public hearings required by this chapter in addition to any other specific provisions set forth in this chapter:
      (1)   When the provisions of this chapter require a public hearing, the village shall, upon receipt of a properly completed application, petition, or notice, fix a reasonable time and place for such hearing or meeting. Except as otherwise set forth herein, such hearing or meeting shall be commenced no later than 60 days, and shall be concluded no later than 120 days, following the submission of the subject application, or petition, unless the hearing or meeting agenda of the Planning and Zoning Commission is completely committed during that time.
      (2)   All hearings shall be open to the public and shall be held before the Planning and Zoning Commission.
      (3)   The Planning and Zoning Commission public hearing notice shall contain a description of the subject matter to be heard or considered at the hearing, a description of the requested action, the address or particular location of the subject development, and the time, place, and date of the hearing. The notice shall also contain a reference to the particular sections of this chapter involved.
      (4)   The applicant shall give notice of the public hearing by mail or personal delivery to the owners of all properties within 250 feet, excluding road right-of-way, of the property which is the subject of the application. Such notice shall be mailed no fewer than 14 days in advance of the hearing and shall be sent certified mail marked return receipt requested, except as otherwise specifically provided in this chapter. Supplemental or additional notices may be required by the Planning and Zoning Commission. Proof of mailing shall be sufficient evidence of notice.
      (5)   The village shall publish notice of the public hearing at least once, not more than 30 days nor less than 15 days before the date for the hearing, in a newspaper of general circulation in the village.
      (6)   Any interested person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the Planning and Zoning Commission may exclude irrelevant, immaterial, or unduly repetitious evidence.
      (7)   (a)   Subject to the discretion of the Planning and Zoning Commission, the applicant or petitioner, or any other party to the hearing, may be allowed any or all of the following rights:
            1.   To present witnesses on their behalf;
            2.    To cross-examine all witnesses testifying in opposition to the application, petition, or appeal;
            3.   To examine and reproduce any documents produced at the hearing; and/or
            4.   To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person.
         (b)   In determining whether to grant or withhold such rights, the discretion of the Planning and Zoning Commission shall be governed by the goal of securing all information and opinions relevant and material to its deliberations. Such rights shall not be granted, however, when undue and unwarranted delay would result or when to do so would tend to produce no new evidence to aid the Planning and Zoning Commission in reaching its decision.
      (8)   The Planning and Zoning Commission may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the Planning and Zoning Commission may find sufficient. Proper notice of such a recess shall be given to all parties to the hearing, and any other person designated by the Planning and Zoning Commission.
      (9)   All testimony at every hearing shall be given under oath.
      (10)   Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, submit written statements in support of or in opposition to the application, petition, or appeal being heard.
      (11)   All other matters pertaining to the conduct of hearings shall be governed by the provisions of this chapter pertaining to the rules promulgated by the Planning and Zoning Commission.
      (12)   The record of the public meeting shall include:
         (a)   All notices and responses thereto;
         (b)   A transcript or notes, if any, of all oral testimony received, and all written information, if any, submitted by parties or the public;
         (c)   Any recommendation or report by the hearing body; and
         (d)   All memoranda or data submitted to the Planning and Zoning Commission in connection with its consideration of the subject matter of the hearing.
      (13)   The decision or recommendation of the Planning and Zoning Commission shall be in writing and shall include findings of fact stating the reasons for the decision. A copy of the written decision shall be provided to the applicant or petitioner and transmitted to the Village Board. The written decision may be in the form of minutes from the Planning and Zoning Commission proceedings provided such minutes have been approved by the Planning and Zoning Commission.
(Ord. 2015-08, § 14.03, passed 6-23-2015)
§ 151.203 ZONING CERTIFICATES.
   (A)   No building permit shall be issued by the village for the construction of a building, structure or land improvement or an alteration or enlargement of an existing building, structure or land improvement and the uses thereof, until the Zoning Administrator certifies in such permit that the application conforms with the regulations of this chapter.
   (B)   When a permit is not required by the village for an improvement but an application for a zoning certificate for its use is filed with the village, a zoning certificate shall be issued only when the application shows conformance with the regulations of this chapter.
   (C)   All applications for building permits or zoning certificates shall be accompanied by a plat in duplicate, drawn to scale showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the Zoning Administrator. The Zoning Administrator shall in writing approve or disapprove all building permits or zoning certificates within 30 days after submission thereof; failure to act shall be deemed approval thereof.
(Ord. 2015-08, § 14.04, passed 6-23-2015)
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