§ 8. Administration.
A.
Zoning administrator.
1.
Appointment. A zoning administrator shall be appointed by the town president with the advice and consent of the town board.
2.
Duties. In addition to any other duties as provided for in the zoning code the zoning administrator shall be responsible for:
a.
Accepting and deciding all applications submitted seeking a grant of legal nonconforming status; and
b.
Accepting and deciding all applications submitted seeking a fence variance whether for location or height; (Ord. No. 207-02, 11-12-2002) and
c.
Maintaining a file of all applications received, all materials submitted, minutes of any proceeding held and of his determination.
3.
Appeals. The zoning board shall hear and decide any appeals regarding a decision or determination made by the zoning administrator concerning the grant or denial of legal nonconforming status. Once appealed the matter shall follow the procedure provided for in the following subsection. (Ord. No. 178-00, 7-11-2000)
B.
Zoning board of appeals.
1.
Creation and procedures. A board of zoning appeals is hereby created for the Town of Cicero in accordance with the applicable statutes of the State of Illinois as follows:
a.
The zoning board of appeals shall consist of seven members, all of whom shall be residents of the town and all of whom shall be persons with adequate knowledge of construction, real estate, architecture, fine arts, engineering, city planning, landscape architecture or law.
b.
All appointments to the zoning board of appeals shall be made by the president and board of trustees and shall consist of seven members to serve respectively for the following terms:
One for one year
Two for two years
Two for three years
Two for four years
The successor to each so appointed to serve a term of five years. One of the members shall be named chairman at time of appointment.
Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. In the event that the office of chairman is vacated for any reason, the town board shall immediately appoint at its option, either one of the remaining members on the board, or any member who is appointed to fill such vacancy on the board and the new chairman. Each member shall serve until his successor is appointed and qualified. Members of the board shall be removable for non-performance of duty, misconduct in office or other cause by the town board, upon written charges having been filed with the town board and after public hearing has been held regarding such charges, a copy for the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail, or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
c.
The board shall organize and adopt rules in accordance with provisions of this ordinance. Meetings of the board shall be held at the call of the chairman, and at such times as the board may determine. Public hearings will be advertised by the zoning administrator for the first scheduled meeting of the board in accordance with state statues. Advertisement will be in one or more newspapers within 15 to 30 days before public hearing. A quorum of the board must be present at the public hearing or at a meeting at which business is conducted. A public hearing not convened, due to lack quorum, must be continued for a future public hearing date in keeping with the applicable state statutes.
All testimony by witnesses at any hearings provided for in this zoning ordinance shall be given under oath. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.
The zoning board of appeals is hereby designated as the proper commission of board to post or publish notices as required by statute and this ordinance pertaining to variations to the regulations imposed and the districts created by the zoning ordinance of the Town of Cicero.
d.
The zoning board of appeals is hereby designated as the proper commission of board to post or publish notices as required by statute and this ordinance pertaining to variations to the regulations imposed and the districts created by the zoning ordinance of the Town of Cicero.
2.
Jurisdictions and authority. The zoning board of appeals is hereby invested with the following jurisdiction and authority:
a.
To interpret the ordinance, being:
(1)
To hear and decide appeals, where it is alleged there is an error in any order, requirements, decision or determination made by the zoning administrator in the enforcement of this ordinance.
(2)
To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this ordinance.
(3)
To interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the ordinance, as shown upon the zoning district map, fixing the several districts accompanying and made a part of this ordinance where the street layout on the ground varies from the street layout as shown on the map aforesaid.
(4)
To permit the use of a lot not of record on the effective date of this ordinance for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than 90 percent of the required lot area.
(5)
To permit parking lots to be illuminated between the hours of 9:30 p.m. and 7:00 a.m.
(6)
To permit the same off-street parking spaces to qualify as required spaces for two or more uses provided the maximum use of such facility by each user does not take place during the same hours or on the same days of the weeks.
(7)
To increase by no more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served, and
(8)
To allow any permitted nonresidential use in residential district to exceed the floor area ratio imposed by the applicable regulations.
(9)
To increase driveway widths from that of 24 feet to that of 35 feet provided:
(a)
That the variation will not conflict with any state requirement.
(b)
That the variation can only be granted on a major street.
(c)
That the variation is necessary to protect the public safety and welfare.
(10)
Vary the height in C-2, M-1, M-2, and M-3 districts for a building or structure housing in excess of the permitted height, due to special equipment or processes.
(11)
To propose or initiate amendments to this ordinance to the comprehensive plan, or to the official zoning map or zoning map ordinance. (Ord. No. 45-91, 8-27-1991)
b.
The board may recommend in specific cases such variances from the terms of this ordinance in harmony with its general purpose and intent and consistent with the public interest and welfare, where owing to special conditions a literal enforcement of the provisions of this ordinance would result in unnecessary hardships or practical difficulties in the carrying out of the strict letter of the regulations of this ordinance. (Ord. No. 47-91, 8-27-1991)
c.
An application for a variation may be made by any person, firm or corporation or by any office, department, board, bureau, or commission requesting or intending to request application for a zoning certificate. An application for a variation shall be filed with the zoning administrator and the zoning administrator shall forward it to the zoning board of appeals for processing in accordance with applicable statutes of the State of Illinois.
d.
The zoning board of appeals shall hold a public hearing on each application for variation at such time and place as shall be established by the zoning board of appeals. The hearings shall be conducted and records of such proceedings shall be preserved in such a manner as provided in this section under creation and procedure in accordance with the state statutes. Notice of time and place of such hearing shall be published in a newspaper of general circulation in the town no more than 30 days and not less than 15 days before such hearing, as prescribed by state statutes. Supplemental or additional notices may be published or distributed as the zoning board of appeals may, by rule prescribe from time to time. All decisions of the zoning board of appeals on variations arrived at after hearing shall require a majority vote of all members and such decisions shall be submitted to the town for final approval.
e.
The zoning board of appeals shall not recommend varying the provisions of this ordinance as authorized in this section unless it shall have made findings based upon the evidence presented to it in the following specific cases:
(1)
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.
(2)
That the plight of the owner is due to unique circumstances, or:
(3)
That the variation, if granted, will not alter the essential character of the locality.
(4)
For the purpose of supplementing the above standards, the zoning board of appeals, in making, this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
(i)
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.
(ii)
That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;
(iii)
That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;
(iv)
That the granting of the variance 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
(v)
That the proposed variation will not impair an adequate supply of light and air adjacent properties, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
The zoning board of appeals may require such conditions and restrictions upon the premises benefited by variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to implement the general purpose and intent of this ordinance.
3.
Appeals. The zoning board of appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning administrator or other authorized officials of the Town of Cicero, relating to regulations of this ordinance.
a.
An appeal may be taken to the zoning board of appeals by any person, firm or corporation, or by any office, department, board, bureau, or commission, aggrieved by an administrative order, requirement, decision or determination under this ordinance by the zoning administrator or other authorized official of the Town of Cicero.
b.
An application shall be filed with the town clerk, who shall forward such appeal to the zoning board of appeals for processing in accordance with applicable statutes of the State of Illinois. A copy of this appeal shall be sent to the planning commission by the town clerk.
c.
An appeal shall be filed within 20 days after the decision by filing with the town clerk whom the appeal is taken. All documents constituting the record upon which the action appealed from is taken shall be transmitted to the zoning board of appeals. The board shall fix a reasonable time for the hearing of the appeal, or it shall be heard at the next regularly scheduled meeting. Ten days notice shall be given to the parties in interest and a decision shall be rendered within a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by attorney.
d.
All decisions, after hearing before the zoning board of appeals on appeals from an administrative order, requirement, decision or determination of the authorized official of the Town of Cicero, relating to this ordinance shall, in all instances, be final administrative determinations subject to town board review and judicial review in accordance with applicable statutes of the State of Illinois.
C.
Planning commission.
1.
Purpose. It is the purpose hereof to provide for planning the future development and redevelopment of the Town of Cicero in accordance with the home rule powers granted by the constitution of the State of Illinois. Such planning may be directed to the following ends:
a.
Adoption by the town board of an official comprehensive plan for the present and future development or redevelopment of the town. Such plan may be adopted in whole or in separate geographical or functional parts, each of which when adopted, shall be the official comprehensive plan, or part thereof. Such plan in itself shall not be regulatory but shall be for the general guidance of local governments and others.
b.
Adoption by the town board of (1) new or amended zoning, subdivision platting, housing, building construction and other regulations or ordinances, (2) an official map in one or more parts supplementing such ordinances, and (3) a plan and program of capital improvements, all designed to bring about the desired use and development or redevelopment of land as indicated in specific or general terms by the official comprehensive plan.
c.
Adoption from time to time by the town board, when changed conditions warrant or it or otherwise desired, changes or amendment is in the previously adopted official comprehensive plan, official map regulations, ordinances and programs,
d.
Providing aid and assistance to the officials of the town, special districts and other local governments who are charged with acquiring public land or making or directing improvement projects embraced within or affecting the official comprehensive plan, official map, regulations and capital improvement plan, and initiation of such acquisitions and projects.
2.
Creation of planning commission and planning departments. In order to achieve the purpose of this ordinance, the following planning agencies are hereby created:
a.
A plan commission consisting of nine citizens appointed in such manner and for such terms as hereinafter prescribed in section 5.
b.
A planning department consisting of a director of planning and such other technical and other personnel as may be employed and assigned thereto.
3.
Plan commission: appointment; composition; terms.
a.
The president shall appoint nine members, who shall be residents of the Town of Cicero, to serve as regular members of the planning commission. Such appointments shall be subject to confirmation by the town board. The director of planning who shall serve as secretary of the commission, the building commissioner, and the chairman of the zoning board of the Town of Cicero, shall be ex-officio members of the commission but shall have no vote.
b.
The first appointments of regular members of the commission shall be made by the town president subject to confirmation by the town board. Three members shall be appointed for a term of one year; three members shall be appointed for the term of two years; and three members shall be appointed for a term of three years. Thereafter, appointments shall be made for three years. Members presently serving on the commission may be reappointed at the expiration of their respective terms for additional terms. The town president, subject to confirmation by the town board, shall appoint a member to fill a vacancy for the remainder of the term vacated. All members shall serve until their successors have been appointed.
c.
Subject to confirmation by the town board, the town president shall appoint one member of the commission to act as chairman. The president shall also appoint a vice-chairman to act whenever the chairman is absent or unable to serve. The chairman and vice-chairman shall serve in their respective capacities for a period of one year and shall be eligible for reappointment from time to time.
d.
All appointed members of the plan commission shall serve as such without compensation.
e.
When a member of the plan commission shall fail or be unable to attend meetings for any reason for a period of three consecutive months, notice shall be served upon such member, in writing, by the chairman, or vice-chairman, as the case may be, notifying such member of his failure to attend meetings. Failure to respond to such notice within ten days after mailing shall be construed as a resignation from the commission, therefore creating a vacancy which shall be filled as in the case of other vacancies.
4.
Commission procedure and organization. The plan commission shall:
a.
Hold an annual meeting.
b.
Select such associate member of the plan commission as are deemed necessary or desirable for the expeditious carrying out of the commission's duties and responsibilities. Such associate members shall serve for a period of one year with eligibility for re- election, but shall have no vote.
c.
Establish its own rules of procedures.
d.
Hold a meeting of the commission at least once every month.
e.
Establish such subcommittees of commission members as it deems desirable.
f.
Prepare an annual report and present said report during the month of December to the town board. Such report shall:
(1)
Incorporate comments on the adequacy of the comprehensive plan, the zoning ordinance and the capital improvements program as instruments of long-term development policy,
(2)
Summarize the actions of the plan commission during the calendar year, and
(3)
Outline the program of the plan commission for the following year, indicating joint programs to be carried out with the planning department, other staff needs, and anticipated requests for funds from the town board.
g.
Adopt such other rules of procedures deemed necessary to conduct meetings and public hearings and to carry out its duties, following Robert's Rules of Order in situations not covered by adopted rules.
5.
Plan commission power and duties. The plan commission shall have the following powers and duties.
a.
The formulate basic policy for a comprehensive plan, to work with the planning department in its preparation, and to recommend such comprehensive plan, in whole, or in geographic or functional parts, or changes therein, to the town board for adoption.
b.
To initiate studies, reports and recommendations to the town board, or officials of other local government bodies on matters concerning the present or future development or redevelopment of the town.
c.
To study and review and to prepare recommendations on all matters related to the comprehensive plan which are referred to the plan commission by the town board.
d.
To study and review and to prepare recommendations on the annual revision of the capital improvement programs and on plans and proposals of other departments of the town government which relate to the implementation of the comprehensive plan.
e.
To carry out the above duties, the plan commission shall have the following powers:
(1)
To invite the advice and assistance of persons having special knowledge, experience or interest in the needs or problems which are receiving consideration by the plan commission. Such advisors may include, among others, officials of an adjoining municipality or of other local governments or other persons not living in the town.
(2)
To conduct such public hearings as required as it deems necessary to gather information and ideas needed for thorough review of the comprehensive plan or part thereof.
(3)
To promote the realization of the comprehensive plan and the community objectives it incorporates through public education and other means.
(4)
To request from the planning department such staff time as may be required to assist the plan commission in carrying out its duties.
(5)
To request from the town board such additional funds as may from time to time be necessary for the employment of consulting services or temporary employees deems necessary for carrying out the duties required by this ordinance.
f.
None of the above, without prior approval by the town board, shall include the power to obligate the town for compensation to any persons.
6.
Planning department—organization. The organization, assignment of duties and general supervision of the activities and work of the planning department and the employment of planning consultants shall be determined by the town board.
7.
Planning department—director of planning. The head of the planning department shall be appointed by the town president subject to conformation by the town board and shall be known as the director of planning.
8.
Director of planning, powers, and duties. The director of planning shall be responsible to the town board and have the following duties and responsibilities:
a.
To serve as secretary of the plan commission, to keep all records of the plan commission, and to provide such staff services as may be necessary to assist the plan commission in carrying out its duties.
b.
To cooperate with the plan commission within the policy framework of the plan commission, in the preparation of a comprehensive plan or amendments to an existing plan, for the present and future development or redevelopment of the town. Such plan may be prepared in whole or in separate geographic or functional parts.
c.
To undertake research studies necessary to the preparation, modification and implementation of the comprehensive plan or part thereof.
d.
To undertake research studies to develop plans and programs and make recommendations for community or area renewal, including such plans for conservation, rehabilitation or redevelopment as may be authorized by the town board.
e.
To serve as liaison between the town administration and plan commission and professional consultants retained by the town to undertake general or specific studies related to the preparation, modification or implementation of the comprehensive plan.
f.
To prepare and recommend, and to assist other executive departments of the town in the development of specific plans and programs of capital improvements, to help ensure that such plans and programs of capital improvements will be integrated into the comprehensive plan and coordinate with other specific projects intended to implement the comprehensive plan in whole or in part.
g.
To review zoning, subdivision, and related ordinances prior to adoption by the town board.
h.
To establish close working relationships with the administrative officers of other local governmental or redevelopment of the community will be coordinated.
i.
To participate with other department heads in the annual revision of the capital improvement program for review by the plan commission and the town board as a part of the annual budget formation process of the town.
j.
To plan, organize and put into effect sound programs of public education concerning the long range development of the community after general review by the plan commission.
9.
Funds for planning. The town may appropriate from any funds under its control and to otherwise appropriated, such sums as the corporate authorities may deem proper for the maintenance and operation of the plan commission and planning department, including the salaries of all paid members and employees; the development of a planning program, the preparation of regulations, projects and programs pertinent to the development, redevelopment and renewal of the town; the preparation and revision of the official map and the exercise of the purposes for which it was created. The town may accept, receive and expend funds, grants and services from the federal government or its agencies, or from the State of Illinois or its agencies, from the North-Eastern Illinois Metropolitan Area Planning Commission, from other local governments or their agencies, or from private person or corporations or foundations for planning purposes generally or for planning specific projects.
10.
Official comprehensive plan.
a.
Meaning. The comprehensive plan (as distinguished from the official map) is advisory and in and of itself shall not be construed to regulate or control the use of private property in any way except as to such part thereof as has been implemented by ordinance duly enacted by the town board. The official comprehensive plan, or any amendment thereof, of addition thereto, shall be effective within the town only after its formal adoption by the town board.
b.
Public hearing. An official comprehensive plan and any amendment thereof, shall not be adopted by the town board until notice and opportunity for public hearings have first been afforded in the manner herein provided:
(1)
Upon submission of a comprehensive plan or a proposed amendment to an existing plan, the town board or its designee may schedule a public hearing thereon before either the zoning board of appeals or the ordinance committee of the town board, department of the town or personnel of the town as may be designated by the town board.
(2)
Not less than 15 days notice of the proposed hearing, and the time and place thereof, shall be given by publication in a newspaper of general circulation in the county.
(3)
All persons who wish to be heard in support of or opposition to the comprehensive plan or amendment shall be afforded such opportunity and may submit their statements orally or in writing or both.
(4)
The hearing may be recessed from time to time if not concluded provided that notice of the time and place thereof is publicly announced or is given by newspaper publication no less than five days prior to the recessed hearing.
c.
Procedure for adoption. Within 90 days after the conclusion of the hearing, the town board, after consideration of the recommendation of the plan commission and planning department and such information as shall have been derived from the hearing, shall either adopt the comprehensive plan or amendment in whole or in part or reject the entire comprehensive plan or amendment.
If at the expiration of such 90 days, the town board has taken no formal action, the comprehensive plan or amendment thereto may thereafter not be acted upon by the town board without again complying with the conditions of notice and hearing heretofore provided.
The town board may adopt parts of a comprehensive plan recommended by the plan commission and planning department without adopting the entire comprehensive plan as recommended, or any modify or amend portions of a recommended comprehensive plan without a re-reference of same to the plan commission and planning department and may adopt such comprehensive plan, as modified or amended. Such comprehensive plan, when adopted, shall be the official comprehensive plan, or part thereof, of the Town of Cicero. No comprehensive plan or amendment thereto shall be adopted that has not been submitted to the plan commission and planning department. An ordinance shall not be construed to modify or amend the comprehensive plan in whole or in part unless it so states.
11.
Official map. Meaning.
a.
The official map and the official map ordinance regulate or control the use of private property with respect to requirements for the dedication or reservation public streets and other areas for public use and with respect to establishing minimum standards for a provision of public improvements in subdivisions or re-subdivision. Amendments to the map or map ordinance may be suggested by the town board of any board or department of the town or a member of the general public. Suggestions for changes in the official map or map ordinance shall be submitted to the legal department for review prior to any public hearings required under the terms of this ordinance.
The official map, the official ordinances and any amendments thereof, shall not be adopted by the town board until notice and opportunity for public hearing have first been afforded in the manner as prescribed in paragraph 10B of this section. (Ord. No. 44-91, 8-27-1991)
b.
Finding of fact and recommendations. Within a reasonable time after the close of the hearing of the proposed amendment to the official or the official map ordinance, the board, committee or person conducting the hearing should make a written finding of fact and submit the same together with its recommendation to the town board of trustees. Where the purpose and effect of the proposed amendment is to change the zoning classifications of a particular property, the board, committee or person shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(1)
Existing uses of property within the general area of property in question.
(2)
The zoning classification of the property within the general area of the property in question.
(3)
The suitability of the property in question to the use permitted under the existing and proposed classifications.
(4)
The trend of development, if any, in the general area of the property in question including changes, if any which have taken place since the date the property in question was placed in its present zoning classification.
(5)
The relationship of the proposed change to the Cicero Official Comprehensive Plan. The board, committee or person shall not recommend the adoption of a proposed amendment, unless it finds the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The board, committee or person may recommend the adoption of an amendment changing the zoning classification of the property in question to any other classification in that requested by the applicant. (Ordinance No. 41-99; 8/27/1991)
12.
Planning records—public inspection. The official comprehensive plan and the ordinance or ordinances including the official map shall be placed on file with the town clerk and shall be available at all times during business hours for public inspection. Copies of the plan and all ordinances implementing the same, including the official map, shall be made available to all interested parties upon payment of such sum as the town board shall determine to be adequate to reimburse the general fund of the municipality for the cost of printing and distributing the same.
D.
Amendments of the comprehensive plan.
1.
Standard amendments.
a.
Authority. The board of trustees may from time to time in the manner hereinafter set forth amend the regulations imposed in the district created by this ordinance, provided that in all amendatory ordinances adopted under this authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of new building development to the advantages of the entire town and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.
b.
Initiation of amendment. Amendments may be proposed by the board of trustees, town department, town personnel, zoning board of appeals, or by any interested person or organization owning lands or representing owners of the land within the town.
c.
Notice of hearing. Notices of the time and place of such hearing shall be posted in the newspaper or general circulation of the town not more than 30 days and 15 days before such hearing. Such hearings may be scheduled before the board of trustees of town, the zoning board of appeals, the ordinance committee or such other committee of the board of trustees.
d.
Finding of facts. Within a reasonable time after the close of the hearing of a proposed amendment, the board, committee or person before which/whom the hearing was held shall make a written finding of fact and shall submit the same together with its recommendation to the town board of trustees. No amendment shall be adopted by the board of trustees unless such amendment is in the public interest. (Ord. No. 42-91, 8-27-1991)
e.
Findings of fact and recommendation of the plan commission. Within a reasonable time after the close of the hearing on a proposed amendment, the plan commission may make a written finding of facts and shall submit same, together with its recommendations, to the town board of trustees. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the plan commission shall make finding based upon the evidence presented to it in each specific case with respect to the following matters:
(1)
Existing uses of property within the general area of the property in question.
(2)
The zoning classification of property within the general area of the property in question.
(3)
The suitability of the property in question to the uses permitted under the existing and proposed classification.
(4)
The trend of development, if any, in the general area of the property in question including changes, if any which have taken place since the date the property in question was placed in its present zoning classification.
(5)
The relationship to the Cicero Official Comprehensive Plan.
The plan commission shall not recommend the adoption of proposed amendment unless it finds the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The plan commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any other classification than that requested by the applicant.
E.
Special use permits. Because of their unique and potentially harmful characteristics, any use designated as a special use shall be located in a district or districts upon consideration in each case of the impact of such use upon neighboring land and of the public need for such a use at the particular location. Such uses shall fall into two categories: (1) uses that are either municipally operated or operated by regulated public utilities or traditionally affected by a public interest and (2) uses entirely private in character but of such a nature that their operation may give rise to unique problems with respect to their impact on neighboring property or public facilities. (Ord. No. 95-04, § 1, 4-13-2004)
1.
Authority. The zoning board shall hold public hearing and recommend to the town board upon applications for special use permits specifically listed in the district regulations of this ordinance. Before authorizing the issuance of such a special use permit, the town board may impose such conditions as will, in the town board's judgment insure that:
a.
The establishment, maintenance, or operation of the special use at the particular location will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the neighborhood or community. (Ord. No. 95-04, § 1, 4-13-2004)
b.
The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
c.
The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
d.
Adequate utilities, access roads, drainage, and/or other necessary facilities will be provided.
e.
Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
f.
The special use shall in all other respects conform to the applicable regulations of the district in which it is located.
g.
The board shall find that there is a public necessity for special use.
2.
Initiation of application. An application for a special use shall be filed with the authorized official and may be made by any person, firm or corporation, with a proprietary interest in the property. (Ord. No. 95-04, § 1, 4-13-2004)
3.
Application for special uses. An application for a special use shall be filed with the authorized officer in such number of copies, be in such form and be accompanied by such information as is required by the zoning board of appeals ("ZBA"). The application shall be processed in the same manner as an application for a rezoning classification.
An applicant seeking a special use or rezoning classification (the "applicant") shall, not more than 30 calendar days before filing an application for said zoning relief with the ZBA, serve written notice, either in person or by registered mail, return receipt requested, on the owners, as recorded in the office of the Cook County Recorder of Deeds or the Cook County Registrar of Titles and as appears from the authentic tax records of Cook County, of all property within 250 feet in each direction of the location for which the special use or rezoning classification is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement. The notice herein required shall contain the address of the location for which the zoning relief is requested, a brief statement of the nature of the requested zoning relief, the name and address of the legal and beneficial owner of the property for which the special use or rezoning classification is requested, a statement that the applicant intends to file an application for a special use or rezoning classification and the approximate date on which the application will be filed. If, after a bona fide effort to determine such address by the applicant, the owner of the property on which the notice is served cannot be found at his or her last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of this section shall be deemed satisfied. In addition to serving the notice herein required, at the time of filing an application for a special use or rezoning classification, the applicant shall furnish to the ZBA a complete list containing the names and last known addresses of the owners of the property required to be served, the method of service, the names and last known addresses of the owners so served and the names and last known addresses of the persons who could not be served. The applicant shall also furnish a written statement certifying that he or she has complied with the requirements of this section. The ZBA shall have no hearing regarding an application for a special use or rezoning classification unless the applicant furnishes the list and certificate herein required. (Ord. No. 126-06, § II, 11-14-2006)
4.
Hearing and applications. The zoning board of appeals shall hold a public hearing on each application for special use at such time and place as shall be established by the zoning board of appeals. The hearing shall be conducted and a record of such proceedings shall be preserved in such a manner as provided in this section under plan commission ordinance in accordance with State Statutes.
5.
Notice of hearing. Notice of time and place of such hearing shall be published in a newspaper of general circulation in the town, not more than 30 days nor less than 15 days before such hearing as prescribed by state statutes. Supplemental or additional notices may be published or distributed as the zoning board of appeals may, by rule, prescribe from time to time.
6.
Findings of fact and recommendation of the zoning board of appeals. Within a reasonable time after the close of the hearing on the proposed special use, the zoning board of appeals shall make a written finding of facts as to compliance of the proposed special use with the standards governing special uses and shall submit same, together with its recommendation to the board of trustees. (Ord. No. 95-04, § 1, 4-13-2004)
7.
Action by the board of trustees. The board of trustees shall not act until it shall have received a written report and recommendation from the zoning board of appeals on the proposed application. After receiving the recommendation and findings from the zoning board of appeals, the board of trustees shall, within 35 days, review the recommendations and report and may accept the findings and recommendation in whole or in part or may reject them in whole or in part, or the board of trustees may refer the matter back to the zoning board of appeals for further consideration. (Ord. No. 95-04, § 1, 4-13-2004)
8.
Conditions. The zoning board of appeals may recommend and the board of trustees may impose such conditions or restrictions upon the location, construction, hours of operation, design and operation of a special use, including but not limited to, provisions for off-street parking spaces and the duration of such permit, as they shall respectively find necessary or appropriate to secure compliance with the standards set forth in this section. (Ord. No. 95-04, § 1, 4-13-2004)
F.
Enforcement of the ordinance.
1.
Authorized administrator.
a.
Duties. It shall be the duty of the authorized administrator to enforce this ordinance. The authorized administrator shall issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. He shall, when requested by the president or town board of trustees, or when the interests of the municipality so require, make investigations in connection with matters referred to in this ordinance and render written reports on the same. For the purpose of enforcing compliance with law, he shall issue notices or order as may be necessary.
b.
Inspection. Inspection shall be made by the authorized administrator or a duly appointed assistant.
c.
Rules. For carrying into effect its provisions, the authorized administrator may adopt rules consistent with this ordinance.
d.
Records. The authorized administrator shall keep careful and comprehensive records of permits issued, of certificates issued, of inspections made, of reports, rendered, and of notices or orders issued. He shall retain on file, copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the authorized administrator.
e.
Cooperation of other officials. The authorized administrator may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the town engineer in fixing grades, of the chief of police in enforcing orders, of the town attorney in prosecuting, and of other officials.
2.
Permits.
a.
Zoning certificates. No permit pertaining to the use of land or buildings shall be issued unless the authorized administrator has certified after examination that is complies with all provisions of this ordinance.