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(A) Regulations not retroactive. The regulations prescribed by this subchapter shall not be construed to require the removal, lowering or other change or alteration of any structure or growth not conforming to the regulations as of September 28, 1967, or to otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to September 28, 1967 and is diligently prosecuted and completed within one year thereof.
(B) Marking and lighting. Notwithstanding the preceding provisions of this section, the owner of any nonconforming structure or growth is hereby required to permit, insofar as practicable, the installation, operation and maintenance thereon, or adjacent thereto, considering clearances as are required by the State Commerce Commission and the National Electrical Code, of markers or lights as shall be deemed necessary by the Municipal Airport Zoning Administration to indicate to the operators of aircraft in the vicinity of the airport the presence of the airport hazards. The markers and lights shall be installed, operated and maintained at the expense of the city.
(1990 Code, § 5-121 (Ord. 67-924, passed 9-18-1967)
Statutory reference:
Nonconforming uses, see ILCS Ch. 620, Act 25, § 22
(A) The Municipal Airport Zoning Administration shall be the Planning and Zoning Commission for the city. The Zoning Administration shall also serve as an airport advisory committee, with the sole power to recommend improvements in facilities, regulations, or administration covering the municipal airport to the City Manager.
(B) Applications for permits shall be made to the municipal airport zoning administration upon a form furnished by it. Applications which are by this subchapter to be decided by the Zoning Administration shall be promptly considered and granted or denied by it. Applications for action by the Board of Appeals shall be forthwith transmitted by the Zoning Administration to the Board of Appeals for hearing and decision. The office of the City Manager shall be the office of the Zoning Administration.
(1990 Code, § 5-122) (Ord. 67-924, passed 9-18-1967; Ord. 79-661, passed 2-19-1979; Ord. 81-818, passed 7-27-1981 Ord. 17-3538, passed 2-6-2017)
Cross-reference:
Planning and Zoning Commission, see Ch. 152
Statutory reference:
Administrative agency required, duties and the like, of same, see ILCS Ch. 620, Act 25, § 26
(A) When permit required. Permits shall be obtained in each of the following instances:
(1) Where it is desired to increase the height of an existing structure to a point which is less than ten feet below the height limit within any zone hereby created; provided, the Zoning Administrator may condition the granting of any permit on marking or lighting being installed as he or she shall direct. The cost and expense of installation, operation and maintenance shall be allocated between the authority and the owner as the circumstances may require;
(2) Where it is desired to increase the height of any structure which already projects upward to a point which is less than ten feet below the height limit within any zone hereby created; provided, that in this instance it is determined by the Zoning Administration that the structure should be marked or lighted in the interest of safe air navigation, the Zoning Administration may make a condition to the granting of any permit so applied for that marking or lighting should be accomplished as it shall direct and the cost and expense of installation, operation and maintenance shall be allocated between the authority and the owner as the circumstances may require; and
(3) Where it is desired to erect a new or additional structure which will project upward to point which is less than ten feet below the height limit within any zone hereby created; provided, that in that instance it is determined by the Zoning Administration that the structure should be marked or lighted in the interest of safe air navigation, the Zoning Administration may make a condition to the granting of any permit so applied for that marking or lighting shall be accomplished as it shall direct, and the cost and expense of installation, operation and maintenance shall be paid by the owner.
(B) How obtained.
(1) Application for the permit shall be made to the Zoning Administration.
(2) Each application shall indicate the purpose for which the permit is desired with sufficient particularity to permit a determination of whether the structure will conform to the regulations herein prescribed.
(C) Exceptions. Where an emergency installation, repair or replacement is required to be made by any public utility company, which would ordinarily require a permit as above set forth, but the interest of the public from the standpoint of health, safety or general welfare does not permit sufficient time to obtain the permit, then in that event the requirement shall not apply, but a report shall be given as set forth in this section.
(D) Reports.
(1) In zones other than horizontal surface zone. Whenever a new structure is erected or the height of an existing structure is increased in any of the zones hereby created except the horizontal surface zone, and the proposed height of the structure does not require a permit as above set forth, a written report shall be given to the Zoning Administration within ten days after the completion of the alteration or erection, setting forth the facts relating thereto with sufficient particularity to permit a determination as to whether the structure conforms to the regulations prescribed herein.
(2) In horizontal surface zone. Whenever a new structure is erected or the height of an existing structure is increased in the horizontal surface zone so as to cause the structure to project more than 40 feet above elevation of airport elevation, and the proposed height of the structure does not require a permit as above set forth, a written report shall be given to the Zoning Administration within ten days after the completion of the alteration or erection, setting forth the facts relating thereto with sufficient particularity to permit a determination as to whether the structure conforms to the regulations prescribed herein.
(E) Nonconforming uses abandoned or destroyed. Whenever the Zoning Administration determines that a nonconforming structure or growth has been abandoned or more than 80% has been torn down, physically deteriorated or decayed:
(1) No permit shall be granted that would allow the structure or growth to exceed the applicable height limit or otherwise deviate from the zoning regulations; and
(2) The Zoning Administration may by appropriate action compel the owner of the nonconforming structure or growth, at his or her own expense, to lower, remove, reconstruct or equip the object as may be necessary to conform to the regulations, or, if the owner of the nonconforming structure or growth shall neglect or refuse to comply with such an order after ten-days’ notice thereof, the Zoning Administration may proceed to have the object so lowered, removed, reconstructed or equipped, and shall obtain a lien upon behalf of Galesburg Municipal Airport upon the land whereon it is or was located, and in the amount of the costs and expense thereof. The lien may be enforced by the authority by suit in equity for the enforcement thereof, as in the case of other liens.
(F) Issuance. Except as provided herein, all applications for permits for replacement, change or repair of nonconforming uses shall be granted.
(G) Variances. Any person desiring to erect or increase the heights of any structure or permit a growth, or use his or her property not in accordance with the regulation prescribed in this subchapter may apply to the Board of Appeals for a variance from the regulations. The variance shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest and safety, but would do substantial justice and be in accordance with the spirit of this subchapter; provided, that any variance may be allowed subject to any reasonable conditions that the Board of Appeals may deem necessary to effectuate the purposes of this subchapter.
(H) Hazard marking and lighting. Any permit or variance granted may, if the action is deemed advisable to effectuate the purpose of this subchapter and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or growth to install, operate and maintain thereon any markers and lights as may be necessary in the interest of safe air navigation, as shall be determined by the Zoning Administration, to indicate to flyers the presence of any airport hazard; the cost and expense of installation, operation and maintenance shall be paid by the owner.
(1990 Code, § 5-123) (Ord. 67-924, passed 9-18-1967)
Statutory reference:
Hazard marking and lighting, see ILCS Ch. 620, Act 25, § 25
Permits, see ILCS Ch. 620, Act 25, § 23
Variances, see ILCS Ch. 620, Act 25, § 24
(A) There is hereby created a Board of Appeals to have and exercise the power to:
(1) Hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administration in the enforcement of this subchapter;
(2) Hear and decide any special exception to the terms of this subchapter upon which the Board may be required to pass under such regulations; and
(3) Hear and decide special variances under § 91.077(G).
(B) The Board of Appeals shall consist of seven members, being those persons appointed and acting as members of the Zoning Board of Appeals, their respective terms being coterminous with their terms on the Zoning Board of Appeals. The City Manager or his or her designee shall act as secretary of the Board.
(C) The Board shall adopt rules for its governance, procedure and other authorized matters, consistent with and in harmony with the provisions of this subchapter. Meetings of the Board shall be held at the call of the chairperson and at other times as the Board may determine. The chairperson, or in his or her absence the vice-chairperson, may administer oaths or affirmations and issue subpoenas to compel the attendance of witnesses. All hearings of the Board shall be public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board and shall be a public record. The office of the City Manager shall be the office of the Board of Appeals.
(D) The Board of Appeals shall make written findings of fact and conclusions of law giving the facts upon which it acted, and its legal conclusions from those facts in reversing, or affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this subchapter.
(E) All questions and matters presented to the Board of Appeals for their determination shall be decided by the vote of a majority of the members of the Board.
(1990 Code, § 5-124) (Ord. 67-924, passed 9-18-1967; Ord. 79-661, passed 2-19-1979)
Statutory reference:
Board of Appeals, see ILCS Ch. 620, Act 25, §§ 27 and 28
(A) Any person, including the Illinois Department of Transportation, Division of Aeronautics and the Federal Aviation Administration, aggrieved by any decision of the Zoning Administration made in its administration of this subchapter, or any governing body of a political subdivision, if of the opinion that a decision of the Zoning Administration is an improper application of these regulations of concern to the governing body, may appeal to the Board of Appeals.
(B) All appeals hereunder must be taken within a reasonable time, as provided by the rules of the Board, by filing with the agency from which the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administration shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administration certifies to the Board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In those cases, proceedings shall not be stayed otherwise than by order of the Board and on due cause shown.
(D) The Board shall fix a reasonable time for hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(E) The Board may, in conformity with the provisions of this subchapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and may make the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Zoning Administration.
(1990 Code, § 5-125) (Ord. 67-924, passed 9-18-1967)
Statutory reference:
Appeals, see ILCS Ch. 620, Act 25, § 29
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