(A) Administration. The administration of this chapter is hereby vested in the following:
(1) The Office of the Zoning Administrator;
(2) The Plan and Zoning Commission.
(B) Procedures. The following zoning processes administered by the city are outlined in this section:
(1) Hearing notice and procedures;
(2) Appeals;
(3) Variations;
(4) Amendments (text amendments and map amendments/rezonings);
(5) Special uses;
(6) Zoning certifications;
(7) Site plan review;
(8) Fees;
(9) Planned unit developments.
(C) The Zoning Administrator.
(1) Definition. The Zoning Administrator is identified as the Director of Community and Economic Development or their designee. When no person occupies that position, the City Administrator shall appoint a staff member to serve in that capacity. In carrying out their assigned responsibilities, the Zoning Administrator may designate another person to act in their place.
(2) Duties of the Zoning Administrator. The Zoning Administrator or their designee shall administer and enforce this chapter. It shall be the duty of the Zoning Administrator to:
(a) Receive and process applications for zoning certification for structures, or additions thereto, for which building permits are required;
(b) Receive and process applications for zoning certification not accompanied by an application for a building permit;
(c) Receive and process applications for an occupancy certificate upon the completion of a structure or when there is a change of use as herein provided;
(d) Conduct inspections of structures or uses of land to determine compliance with this chapter;
(e) In cases of any violations to this chapter, notify in writing the person or persons responsible, specifying the nature of the violation and ordering corrective action;
(f) Maintain in current status the official zoning map;
(g) Maintain permanent and current records required by this chapter, including but not limited to, zoning certifications, occupancy certificates, useful life determinations, nonconforming use certificates, and all official actions related to this section.
(h) Prepare and make available, in book, pamphlet or map form, on or before March 31 of each year:
1. The compiled text of the zoning ordinance, including all amendments thereto, through the preceding December 31; and
2. An official zoning map or maps, showing the zoning district, divisions and classifications in effect on the preceding December 31;
(i) Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the zoning code, and the rules of the Plan and Zoning Commission;
(j) Direct and review, not less than every five years, studies of the provisions of this chapter, the comprehensive plan, and the subdivision regulations, and report its findings and recommendations to the City Council;
(k) Cause the preparation and recommend to the City Council a comprehensive plan for the present and future development or redevelopment of the city and its mile-and-one-half planning jurisdiction, as authorized by state statutes; and from time to time, recommend changes to the comprehensive plan;
(l) Cause the preparation and recommend to the City Council, from time to time, plans for specific city improvements in pursuance of the city's comprehensive plan;
(m) Support municipal officials charged with the direction of projects for improvements recommended by the comprehensive plan, to further the making of these projects, and, generally, to promote the realization of the comprehensive plan;
(n) Cause the preparation and recommend to the city schemes for regulating or forbidding structures or activities that may hinder access to solar energy necessary for the proper functioning of solar energy systems, as defined in ILCS Ch. 30, Act 725, § 1.2, the Comprehensive Solar Energy Act of 1977, or to recommend changes in such schemes.
(D) Plan and Zoning Commission.
(1) Establishment.
(a) There is established a Plan and Zoning Commission for the city (as may be referred to here as the PZC).
(b) The Plan and Zoning Commission shall consist of seven members who reside in the city and are appointed by the Mayor with the consent of the City Council.
(c) The chair and vice chair will be elected by a majority of the Commission.
(2) Jurisdiction. The Plan and Zoning Commission shall have the following powers and duties:
(a) To hear and review all applications for amendments to this chapter and thereafter submit reports of findings of fact and recommendations thereon to the City Council.
(b) To hear and review all applications for special uses as outlined in this chapter and thereafter submit reports of findings of fact and recommendations thereon to the City Council.
(c) To hear and decide appeals in which it is alleged there is an error in any order, requirement, decision, interpretation or determination (referred to collectively as "decision") made by the Zoning Administrator with respect to the zoning code.
(d) To hear and decide on application for variations from the regulations specified in this chapter.
(e) To hear, review and / or recommend to the City Council on all matters as may be required under this chapter.
(f) To receive and review all plats of subdivision, and thereafter submit reports of findings and recommendations thereon to the City Council.
(g) To exercise such other powers germane to the powers granted by ILCS Ch. 65, Act 5, as may be conferred by the City Council.
(3) Meetings and rules.
(a) All meetings of the Plan and Zoning Commission shall be held in conformance with the State Open Meetings Act.
(b) Unless otherwise specified, the concurring vote of four members of the PZC shall be necessary to decide in favor of the applicant on any matter upon which PZC is required to act under this or any other chapter.
(c) All hearings conducted by the PZC under this chapter shall be in accordance with state statutes.
(d) In all proceedings of the PZC provided for in this chapter, the Chairman, or in his or her absence, the Vice Chairman or the City Attorney, shall have the power to administer oaths.
(e) All testimony by witnesses at any hearing provided for in this chapter shall be given under oath.
(f) The City Clerk shall keep minutes of its proceedings and shall also keep records of its hearings and other official actions.
(g) A copy of every rule, action or determination of the PZC in regard to its various jurisdictions, as defined by this section and under this chapter, shall be filed in the Office of the City Clerk, and shall be a public record.
(h) The PZC shall adopt its own rules and procedures, which shall not be in conflict with this chapter or with applicable state statutes.
(4) Quorum.
(a) Four members of the Plan and Zoning Commission shall constitute a quorum.
(b) No meeting or hearing shall be conducted by the PZC without a quorum being present.
(5) Finality of decision of Commission. Per division (D)(2), Jurisdiction, above, when PZC is authorized to decide on a matter, all decisions of the PZC on appeal from a decision of the Zoning Administrator or upon application for a variation, shall in all instances be final administrative determinations, and shall be subject to review by a court of law in the manner provided by the applicable state statute.
(E) Notice and hearing procedures.
(1) Time frame. When the provisions of this chapter require a public hearing, the Zoning Administrator shall, upon receipt of a properly completed application, assign the matter a hearing date. The hearing shall be set no later than 60 days following the submission of a fully complete application, unless the Plan and Zoning Commission hearing agenda for that date is fully committed, as determined by the Zoning Administrator.
(2) Complete application required. An application shall be considered "fully complete" only when all materials identified in this chapter, other relevant city documents, and other pertinent data indicated as necessary by the Zoning Administrator have been provided. An application shall be considered complete only if the submitted material is deemed by the Zoning Administrator as sufficiently thorough to provide the information needed by the city to support making a fully informed determination on the requested matter.
(3) Notification requirements. No public hearing shall be held on an application unless the requirements of this section are met.
(a) Published notice. The Zoning Administrator shall publish notice of any public hearing not more than 30 days, nor less than 15 days before the date for the hearing, in a newspaper of general circulation in the city.
(b) Written notice.
1. An applicant for any public hearing required by this chapter shall, not less than 15 days and not more than 30 days prior to the date set for the public hearing, serve written notice in person or by first class mail on the owners as recorded in the Office of the County Recorder of Deeds, and as appears from the authentic tax records of the county, of all property within 250 feet in each direction of the property lines of the subject property for which the public hearing is requested, provided that the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250-feet requirement.
2. If, after a bona fide effort to determine the above by the applicant, an owner or owners cannot be found, the notice requirements of this section shall be deemed satisfied upon filing by the applicant of an affidavit evidencing the inability to serve the notice.
3. A signed affidavit, including the notice and copy of the list of addresses, shall be provided to the Zoning Administrator at the time notice is given to the owners or taxpayers.
4. The notice required shall contain the address of the location for which the public hearing is requested, a brief statement of the nature of the request, the name and address of the legal and beneficial owner of the property, and the time and date on which the hearing shall be held. A vicinity map, showing current zoning, the location of the subject property, proposed zoning or proposed zoning action requested, shall be included with the notice.
(c) Notice by sign.
1. Time frame. An applicant for public hearing shall, not less than 15 days prior to the date before the public hearing, post a readable sign on each adjacent roadway. Signs must be removed no later than ten days after completion of final determination of the requested action.
2. Sign requirements. The face of the signs required by this section shall be at least 36 inches in height and 48 inches in length. The signs shall contain the current zoning action requested, the date, time and place where the hearing shall be held, a statement that further information can be obtained from the petitioner and the Zoning Administrator, and the phone numbers of the city and the applicant. The sign shall have a white background with 1.5-inch-high, black block letters, except that the words "PUBLIC HEARING NOTICE" shall be in three-inch-high, red capital block letters. The signs shall meet all other requirements set forth by the city. All costs associated with hearing signs are to be borne by the applicant.
Sample Public Hearing Sign
(F) Public hearing procedures. The following provisions shall apply to public hearings required by this chapter, in addition to any other specific provisions set forth in the city code or by the Plan and Zoning Commission.
(1) All hearings shall be open to the public.
(2) All testimony shall be given under oath.
(3) Any interested person may appear and testify at a public hearing, either in person or by a duly authorized agent, and may submit documentary evidence; provided, however, that the Plan and Zoning Commission may exclude immaterial or unduly repetitious evidence.
(4) Procedures defined by the Plan and Zoning Commission may be applied to address processes, including, without limitation: testimony, cross-examination, continuation of the hearing, and the order of testimony.
(5) A record shall be prepared of each public hearing for presentation to the City Council, and shall include, but not be limited to: meeting minutes or similar record, items submitted by applicants and those providing testimony, recommendation of the hearing body, and staff reports and exhibits provided as part of the hearing. Such report shall be transmitted to the City Council within 60 days of the hearing.
(G) Action by the City Council. After receiving the recommendations and report of the Plan and Zoning Commission, the City Council may within 30 days review the proposed action and approve it (with or without change), may reject it, or may recommit it to the Plan and Zoning Commission for further consideration. However, the Council must act within 270 days after receiving the Plan and Zoning Commission recommendation. By way of exception, variations follow a different process as indicated in § 156.122.
(H) Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined not less than $50 nor more than $750 for each offense. Each day a violation is permitted to exist shall constitute a separate offense. Nothing herein shall be construed to prevent the city from taking other lawful action as is necessary or appropriate to prevent or remedy any violation.
(Ord. 21-016, passed 8-18-21)