General powers. The Building Commissioner shall be charged with the administration and enforcement of this code. In addition to the jurisdiction, authority, and duties conferred on the Building Commissioner by other provisions of state statutes and Village codes and ordinances, the Building Commissioner shall have all powers necessary for such administration and enforcement and shall, in particular, have the jurisdiction, authority, and duties hereinafter set forth.

Rules; regulations; application forms. The Building Commissioner, consistent with the express standards, purposes, and intent of this code, shall promulgate, adopt, and issue such procedural rules, regulations, and forms as are, in the Building Commissioner's opinion, necessary to the effective administration and enforcement of the provisions of this code.

Assistance to other boards and commissions. The Building Commissioner, within budgets available for that purpose, shall make consulting assistance available to the Zoning Board of Appeals, the Plan Commission, and the Architectural Review Commission, and the Building Commissioner or his or her delegate shall in that capacity:

Records. The Building Commissioner shall maintain:

Zoning text; Zoning Map.

Application receipt, processing, referral to interested parties and agencies. The Building Commissioner shall receive all applications required to be filed pursuant to this code. Upon receipt of any such application, the Building Commissioner shall see to its expeditious processing, including its prompt referral to and retrieval from each official, board, or commission of the Village, or other government, with any interest or duty with respect to such application.

Investigation of applications. Whenever the Plan Commission, the Zoning Board of Appeals, the Architectural Review Commission, or the Board of Trustees shall so request, by general rule or specific direction, the Building Commissioner shall conduct or cause to be conducted such surveys, investigations, and field studies and shall prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as shall be necessary and appropriate to the processing of any application filed pursuant to this code.

Zoning compliance and occupancy certificates. Pursuant to the provisions of §§ 260-1141 and 260-1142 of this code, the Building Commissioner shall review all applications for certificates of zoning compliance and certificates of occupancy and shall approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this code.

Interpretations. Pursuant to the provisions of § 260-1151 of this code, the Building Commissioner shall issue a written interpretation of the meaning and applicability of specific provisions of this code. Any interpretation of this code that may be rendered by the Zoning Board of Appeals or the Building Commissioner shall be kept on file with the Building Commissioner and shall be a public record of the Village open to inspection by interested parties at reasonable times and upon reasonable notice.

Planned unit development and site plan modifications. Pursuant to the provisions of §§ 260-1163K and 260-1165I of this code, the Building Commissioner shall have authority to permit minor adjustments to final plans for planned unit developments and to site plans.

Extensions of time. The Building Commissioner, upon written request, may for good cause shown and without any notice or hearing grant extensions of any time limit imposed on an applicant or permittee by this code or, unless the ordinance or resolution shall expressly provide otherwise, by any ordinance or resolution of any body acting pursuant to this code. The total period of time granted by such extension or extensions shall not exceed the length of the original period.

Inspection and enforcement. In furtherance of the enforcement of this code, the Building Commissioner shall undertake such regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper within the limits of staff and budgeted funds; shall undertake such additional inspections as may be necessary to the performance of his or her duties hereunder; shall receive from any person complaints alleging with particularity a violation of this code; and when appropriate shall cause such investigations and inspections as may be warranted by such complaints to be made. Upon finding the existence of any violation of this code, the Building Commissioner shall take or direct all actions necessary and appropriate to abate and redress such violation.

Reports. The Building Commissioner, as may from time to time be appropriate, shall prepare and submit a report to the Board of Trustees, the Zoning Board of Appeals, the Plan Commission, and the Architectural Review Commission concerning the administration of the land use and development regulations of the Village, setting forth such information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of such regulations, and setting forth the Building Commissioner's recommendations for the improvement of such regulations and their administration.

Creation; membership. The Zoning Board of Appeals shall consist of seven members appointed by the Village President, with the advice and consent of the Board of Trustees. All members shall be residents of the Village. Members shall serve for a term of five years and until their respective successors have been appointed and have qualified for office. The President of the Board of Trustees shall have the power to remove any member of the Board of Appeals for cause and after a public hearing. Any vacancy that may occur shall be filled for the balance of the unexpired term of the member whose place has become vacant in the same manner hereinabove provided for the appointment of such member. A member shall be eligible for reappointment. All members of the Zoning Board of Appeals shall serve without compensation.

Chairperson and Vice Chairperson. The Village President, with the advice and consent of the Board of Trustees, shall name one member of the Zoning Board of Appeals as Chairperson, to preside at all meetings and hearings and to fulfill the customary functions of that office, and another member as Vice Chairperson. The Chairperson and Vice Chairperson shall hold said offices until their successors are appointed. The Chairperson and Vice Chairperson may administer oaths. In the absence of the Chairperson, the Vice Chairperson, or, in the absence of the Vice Chairperson, a Temporary Chairperson elected by the Board of Appeals, shall act as Chairperson and shall have all the powers of the Chairperson. The Vice Chairperson shall have, in addition, such other powers and duties as may from time to time be provided by the rules of the Board of Appeals.

Staff secretary; minutes; public records. The Building Commissioner shall designate a Staff Secretary of the Zoning Board of Appeals, who shall attend all of its proceedings. The Staff Secretary shall provide for the keeping of minutes of the proceedings of the Board of Appeals, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall maintain permanent records of all Board of Appeals meetings, hearings, and proceedings and all correspondence of the Board of Appeals. The Staff Secretary shall provide for keeping a file of all records of the Board of Appeals, and such records shall, except to the extent provided by the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.), be public records open to inspection.

Quorum and necessary vote.

Absent members. No member absent from any portion of a proceeding shall be qualified to vote upon the matter heard unless that member shall first certify on the record that he or she has reviewed the entire record of any such portion of the proceeding during which he or she was absent and has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.

Meetings; hearings; procedures. Regular meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson or as provided by rule of the Board of Appeals. Special meetings shall be called at the request of the Chairperson or of any two members of the Board of Appeals or of the Board of Trustees.

Record. The transcript of testimony, if any; the minutes of the Staff Secretary; all applications, requests, exhibits, and papers filed in any proceeding before the Zoning Board of Appeals; and the decision of the Board of Appeals shall constitute the record.

Decisions and recommendations. Every decision and recommendation of the Zoning Board of Appeals upon an application filed pursuant to this code shall be by written resolution which shall include findings of fact; shall refer to all the pertinent evidence in the record and to the exhibits, plans or specifications upon which such decision or recommendation is based; shall specify the reason or reasons for such decision or recommendation; shall contain a conclusion or statement separate from the findings of fact setting forth the specific decision or recommendation; and shall expressly set forth any limitations or conditions relative to such decision or recommendation.

Conflicts. No member of the Zoning Board of Appeals shall participate in the hearing or disposition of any matter in which that member has an interest as such term is defined in the Illinois Municipal Code. Any conflict of interest prohibited by the Illinois Municipal Code shall disqualify a member.

Jurisdiction and authority. The Zoning Board of Appeals shall have the following jurisdiction and authority:

Concurrent membership on Plan Commission. The Village President and Board of Trustees may, in their discretion, appoint members of the Zoning Board of Appeals to serve concurrently on the Plan Commission. The term of each member of the Zoning Board of Appeals serving concurrently on the Plan Commission shall be that term for which such member is appointed to the Zoning Board of Appeals pursuant to § 260-1102A. The resignation or removal of any member serving concurrently from either the Zoning Board of Appeals or the Plan Commission shall be deemed a resignation or removal, as the case may be, from both of such bodies.

Creation; membership. The Plan Commission shall consist of seven members appointed by the Village President with the advice and consent of the Board of Trustees. All members shall be residents of the Village. Members shall serve for a term of five years and until their respective successors have been appointed and have qualified for office. The President of the Board of Trustees shall have the power to remove any member of the Commission for cause and after a public hearing. Any vacancy that may occur shall be filled for the balance of the unexpired term of the member whose place has become vacant in the same manner hereinabove provided for the appointment of such member. A member shall be eligible for reappointment. All members of the Commission shall serve without compensation.

Chairperson and Vice Chairperson. The Village President, with the advice and consent of the Board of Trustees, shall name one member of the Plan Commission as Chairperson, to preside at all meetings and hearings and to fulfill the customary functions of that office, and another member as Vice Chairperson. The Chairperson and Vice Chairperson shall hold said offices until their successors are appointed. The Chairperson and Vice Chairperson may administer oaths. In the absence of the Chairperson, the Vice Chairperson or, in the absence of the Vice Chairperson, a Temporary Chairperson elected by the Plan Commission, shall act as Chairperson and shall have all the powers of the Chairperson. The Vice Chairperson shall have such other powers and duties as may from time to time be provided by the rules of the Plan Commission.

Staff Secretary; minutes; public records. The Building Commissioner shall designate a Staff Secretary of the Plan Commission, who shall attend all its proceedings. The Staff Secretary shall provide for the keeping of minutes of the proceedings of the Plan Commission, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall maintain permanent records of all Commission meetings, hearings, and proceedings and all correspondence of the Plan Commission. The Staff Secretary shall provide for keeping a file of all records of the Plan Commission, and such records shall, except to the extent provided by the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.), be public records open to inspection.

Quorum and necessary vote.

Absent members. No member absent from any portion of a hearing shall be qualified to vote upon the matter heard unless that member shall first certify on the record that he or she has reviewed the entire record of any such portion of the hearing during which he or she was absent and has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.

Meetings; hearings; procedures. Regular meetings of the Plan Commission shall be held at the call of the Chairperson or as provided by rule of the Plan Commission. Special meetings shall be called at the request of the Chairperson or of any two members of the Plan Commission or of the Board of Trustees.

Record. The transcript of testimony, if any; the minutes of the Staff Secretary; all applications, requests, exhibits, and papers filed in any proceeding before the Plan Commission; and the decision of the Plan Commission shall constitute the record.

Decisions and recommendations. Every decision and recommendation of the Plan Commission upon an application filed pursuant to this code shall be by written resolution which shall include findings of fact; shall refer to all the pertinent evidence in the record and to the exhibits, plans, or specifications upon which such decision or recommendation is based; shall specify the reason or reasons for such decision or recommendation; shall contain a conclusion or statement separate from the findings of fact setting forth the specific decision or recommendation; and shall expressly set forth any limitations or conditions relative to such decision or recommendation.

Conflicts. No member of the Plan Commission shall participate in the hearing or disposition of any matter in which that member has an interest as that term is defined in the Illinois Municipal Code. Any conflict of interest prohibited by the Illinois Municipal Code shall disqualify a member.

Jurisdiction and authority. In addition to the jurisdiction conferred on it by the state statutes and other codes and ordinances of the Village, the Plan Commission shall have the following jurisdiction and authority:

Concurrent membership on Zoning Board of Appeals. The Village President and Board of Trustees may, in their discretion, appoint members of the Plan Commission to serve concurrently on the Zoning Board of Appeals. The term of each member of the Plan Commission serving concurrently on the Zoning Board of Appeals shall be that term for which such member is appointed to the Zoning Board of Appeals pursuant to § 260-1102A. The resignation or removal of any member serving concurrently from either the Plan Commission or the Zoning Board of Appeals shall be deemed to be a resignation or removal, as the case may be, from both of such bodies.

Creation; membership. The Architectural Review Commission shall consist of five members, who shall be appointed by the Village President and approved by the Board of Trustees. In appointing members to the Commission, the Village President and Board shall consider their education, training, and/or experience in matters relating to design and aesthetic judgment. Members of the Commission shall serve for a term of two years and until their respective successors have been appointed and qualified for office. The Board of Trustees shall have the power to remove any members of the Commission with or without cause, upon the affirmative vote of 3/4 of the members of the Board of Trustees then holding office. Any vacancy that may occur shall be filled for the balance of the unexpired term of the member whose place has become vacant in the manner hereinabove provided for the appointment of such member. A member shall be eligible for reappointment. All members of the Commission shall serve without compensation.

Chairperson and Vice Chairperson. The Village President shall designate one appointee as Chairperson of the Commission to preside at all meetings and hearings of the Commission and a second appointee as Vice Chairperson. The Chairperson and Vice Chairperson may administer oaths. In the absence of the Chairperson, the Vice Chairperson or, in the absence of the Vice Chairperson, a Temporary Chairperson elected by the Commission, shall act as Chairperson and shall have all the powers of the Chairperson. The Vice Chairperson shall have such other powers and duties as may from time to time be provided by the rules of the Commission.

Staff Secretary; minutes; public records. The Building Commissioner shall designate a Staff Secretary of the Architectural Review Commission, who shall attend all its proceedings. The Staff Secretary shall provide for the keeping of minutes of the proceedings of the Commission, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall maintain permanent records of all Commission meetings, hearings and proceedings and all correspondence of the Commission. The Staff Secretary shall provide for keeping a file of all records of the Commission, and such records shall, except to the extent exempt under the Illinois Freedom of Information Act, be public records open to inspection.

Quorum and necessary vote. No business shall be transacted by the Architectural Review Commission without a quorum, consisting of three members, being present. The concurring vote of at least three members of the Commission shall be necessary on any motion to disapprove an application. Any lesser vote on any such motion, even of a majority of those voting, shall be considered a final decision approving the application. Any other action can be taken by a majority of Commission members present.

Absent members. No member absent from any portion of a proceeding shall be qualified to vote upon the matter heard unless that member shall first certify on the record that he or she has reviewed the entire record of any such portion of the proceeding during which he or she was absent and has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.

Meetings; hearings; procedures. Regular meetings of the Commission shall be held at the call of the Chairperson and at such other times as the Commission shall determine. Special meetings shall be called at the request of the Chairperson or any two members of the Commission or the Board of Trustees.

Record. The transcript of testimony, if any; the minutes of the Staff Secretary; all applications, requests, exhibits, and papers filed in any proceeding before the Commission; and the decision of the Commission shall constitute the record.

Decisions.

Conflicts. No member of the Commission shall participate in any hearing on an application in which that member has an interest as that term is defined in the Illinois Municipal Code. Any conflict of interest prohibited by the Illinois Municipal Code shall disqualify a member.

Jurisdiction and authority. Subject to the provisions of § 260-1166 of this code, the Architectural Review Commission shall have the jurisdiction and authority to hear, review, and decide applications for architectural review approval that require Level II review and such other matters as directed by the Board of Trustees.

Authority. The Plan Commission shall have authority to prepare and recommend to the Board of Trustees a Comprehensive Plan of the Village and the unincorporated areas surrounding the Village and from time to time to prepare and recommend amendments thereto, any or all of which the Board of Trustees may adopt as the "Official Comprehensive Plan of the Village of Bannockburn," all in accordance with the procedures set out in this section.

Definition. The "Official Comprehensive Plan" shall be defined as a compilation of policy statements; goals; standards; maps; recommended planning, regulatory, fiscal, and public works programs; pertinent data relative to the past, present, and future trends of the Village with respect to its population, housing, economic, social, and environmental development patterns and its land, water, and natural resources and use and its transportation facilities, public facilities, and utilities; and any other matter relative to the present and future patterns of life within the Village or within the unincorporated areas lying within 1 1/2 miles of its boundaries as they may from time to time exist, prepared and recommended by the Plan Commission with the advice and assistance of the Building Commissioner and adopted by the Board of Trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time. The term "Official Comprehensive Plan" also shall refer to any internally consistent and complete portion of such a compilation relating to any one or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area. As of the effective date of this code, the term "Official Comprehensive Plan" shall be understood to include the following documents:

Purpose. The Official Comprehensive Plan shall be considered an official statement of the policy of the Village with respect to the existing and developing character of the various areas of the Village and its vicinity; the proper objectives, standards, and direction for future maintenance, growth, development, and redevelopment of the Village; the means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the Village; and the actions and programs to be undertaken by the Village with respect to its future maintenance and development.

Effect. After the adoption of the Official Comprehensive Plan or a part thereof, no ordinance, regulation, or Official Map relating to the physical maintenance, development, or redevelopment of the Village or any land within it shall be enacted, established, amended, or varied and no right-of-way, street, utility, or public structure or land shall be authorized, established, developed, redeveloped, or modified in location or extent except in accordance with the policies, goals, objectives, principles, and standards of the Official Comprehensive Plan or relevant part thereof unless the Board of Trustees shall first make a specific finding that the facts and circumstances affecting the particular matter justify a departure from the Official Comprehensive Plan.

Procedures.

Authority. The Plan Commission shall have authority to prepare and to recommend to the Board of Trustees an Official Map of the Village and the unincorporated areas surrounding the Village and from time to time to prepare and recommend amendments thereto, all of which the Board of Trustees may adopt as the "Official Map of the Village of Bannockburn."

Definition. The "Official Map" shall be defined as a compilation of maps, standards, and specifications of and for existing and proposed rights-of-way, streets, alleys, utility easements, public grounds, and public utility systems within the Village or within the unincorporated area lying within 1 1/2 miles of its boundaries as they may from time to time exist, prepared and recommended by the Plan Commission with the advice and assistance of the Building Commissioner, and adopted by the Board of Trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time. The term "Official Map" also shall refer to any internally consistent and complete portion of such a compilation relating to any one or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area. The Official Map referred to in this section is the map authorized by Section 11-12-6 et seq. of the Illinois Municipal Code (65 ILCS 5/11-12-6 et seq.).

Purpose. The Official Map is adopted to implement the Official Comprehensive Plan, to assure the adequacy of the public facilities to which it relates, and to secure for the Village the authority and benefits provided by state law in connection with such an Official Map.

Effect. The Official Map shall have the effect accorded to it by Section 11-12-8 et seq. of the Illinois Municipal Code (65 ILCS 5/11-12-8 et seq.), and also shall have the effect accorded to the Official Comprehensive Plan by § 260-1121D of this Article XI.

Procedures. The procedures for the development, adoption, amendment, and filing of the Official Map shall be the same as those provided in § 260-1121E of this code with respect to the Official Comprehensive Plan.

Place of filing. All applications filed pursuant to this code shall be filed with the Building Commissioner or with such other Village official or body as the Building Commissioner may designate by administrative order.

Form; number; scale. All applications filed pursuant to this code shall be on forms supplied by the Village and shall be filed in such number of duplicate copies as the Building Commissioner may designate by administrative order. All plans filed as part of any application shall be dated, drawn at a recognized engineering, architectural, or planning scale, with a North arrow indicated where appropriate, sufficient to permit a clear and precise understanding of the contents of said plans and the proposal being made and shall be folded to a size no larger than 8 1/2 inches by 14 inches.

Filing deadlines.

Fees.

Minimum data requirements.

Special data requests. In addition to the data and information required pursuant to Subsection E of this section, every applicant shall submit such other and additional data, information, or documentation as the Building Commissioner or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

Waiver of application requirements. Notwithstanding any other provision of this section, the Building Commissioner shall have the authority to waive any requirement set forth in Subsection A, B, C, or E of this section when, in his or her judgment, such waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that any board or commission before which such application may come shall continue to have the right to request additional information pursuant to Subsection F of this section and to delay processing of such application until such information is provided and available in accordance with the deadlines established in Subsection C of this section. The Building Commissioner shall provide, in writing, his or her reasons why any such requirement has been waived, and shall refer such writing to the appropriate boards and commissions.

Concurrent applications. When a proposed use or development requires more than one approval pursuant to this code, applications for all such approvals may be filed concurrently, notwithstanding the fact that approval of one application may be a precondition to approval of other applications. Such applications may, in the discretion of the official, officials, body, or bodies charged with review of such applications, be processed together; provided, however, that no application shall be approved unless all applications that are a precondition to its approval have first been approved.

Withdrawal of application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto, provided that the applicant shall have paid all applicable fees pursuant to Subsection D of this section. Such withdrawal shall be without prejudice to the applicant's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this code in the same manner as any other new application.

Second applications without new grounds barred. Whenever any application filed pursuant to this code has been finally denied on its merits, a second application seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless, in the opinion of the officer, board, or commission before which it is brought, there is substantial new evidence available or a mistake of law or fact significantly affected the prior denial.

New grounds to be stated. Any such second application shall include a detailed statement of the grounds justifying consideration of such application.

Summary denial with or without hearing. Any such second application may be denied by the Building Commissioner summarily, and without hearing, on a finding that no grounds appear that warrant a new hearing. In any case where such application is set for hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of its application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.

Exception. Whether or not new grounds are stated, any such second application filed more than two years after the final denial of a prior application shall be heard on the merits as though no prior application had been filed. The applicant shall, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of such evidence, it shall be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application.

Setting hearing or meeting; time limitation. When the provisions of this code require a public hearing or public meeting in connection with any application filed pursuant to this code, the body charged with conducting the hearing or meeting shall, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting shall be commenced no later than 60 days and shall be concluded no later than 180 days following such commencement following the submission of the subject application unless the applicant shall agree to an extension or unless the hearing or meeting agenda of the body is completely committed during that time.

Notice.

Conduct of hearings.

Pre-hearing and pre-meeting examination and copying of application and other documents. At any time following the giving of notice as required in Subsection B of this section, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.), all other documents on file with the Building Commissioner pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as specified in the Bannockburn Fee Schedule to cover the cost of such copies.

Authority. The Building Commissioner shall have authority to issue certificates of zoning compliance, but only in accordance with the provisions of this section.

Purpose. The certificate of zoning compliance is intended to serve two general purposes. First, it provides a procedure for reviewing plans for conformance with this code and a means for evidencing such conformance. Second, it serves as an adjunct to, and thus must be filed prior to or with, all other applications filed pursuant to this code with respect to a specific use or development proposal. When so filed, it serves as a vehicle for routine plan review by the Building Commissioner prior to consideration of special requests by other officials, boards, and commissions, thus avoiding needless special reviews of defective plans.

Certificate required.

Relation to other applications. No application filed pursuant to Part 3 of this Article XI with respect to a specific use or development proposal shall be processed unless an application for a certificate of zoning compliance shall first have been received, processed, and approved, or denied solely on one or more grounds that form the basis for the application filed pursuant to said Part 3. It is the intent of this subsection that no application filed pursuant to Part 3 of this Article XI with respect to a specific use or development proposal shall be processed until the Building Commissioner is satisfied that the proposed use or development complies with the provisions of this code in all respects except those within the scope of such application.

Procedure.

Effect of issuance of certificate of zoning compliance. The issuance of a certificate of zoning compliance shall not authorize the establishment, expansion, or extension of any use nor the development, construction, relocation, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the Village, including but not limited to a building permit, a certificate of occupancy, and subdivision approval.

Limitations on certificates. Subject to an extension of time granted by the Building Commissioner pursuant to § 260-1101K of this code, a certificate of zoning compliance shall become null and void six months after the date on which it was issued unless within such period construction, reconstruction, remodeling, alteration, or moving of a structure is commenced or a use is commenced.

Void certificates. Any certificate of zoning compliance issued in violation of the provisions of this code, whether intentionally, negligently, or innocently, shall be void ab initio and shall give rise to no rights whatsoever.

Authority. The Building Commissioner shall have authority to issue certificates of occupancy; provided, however, that no such certificate shall be issued except in accordance with the provisions of this section and the provisions of the Bannockburn Building Code and other Village ordinances governing development and related matters.[1]

Purpose. For the purposes of this code, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this code and approved plans prior to commencement of the use or occupancy of such premises.

Certificate required. Unless a certificate of occupancy shall have first been obtained certifying compliance with the provisions of this code:

Procedure.

Temporary certificates of occupancy. Notwithstanding the provisions of Paragraph D(2) of this section, when construction, reconstruction, remodeling, or alteration of a structure does not require the vacating of the structure, or when parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling, or alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this code, other relevant codes and ordinances of the Village, the applicant's plans as approved and any conditions attached to any approvals issued pursuant to this code with respect to such structure or its premises, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date, which temporary certificate shall bear on its face, in bold type, a statement of its temporary nature.

Certificates of occupancy for existing uses. The Building Commissioner may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses. Such certificate of occupancy shall be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this code are changed.

Certificate of occupancy for legal nonconformities. The Building Commissioner may issue a certificate of occupancy certifying the lawful existence and use of any nonconforming use, structure, lot, or sign in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses and subject also to the additional standards and limitations set forth in § 260-1001E(3) of this code.

Void certificates. Any certificate of occupancy issued in violation of the provisions of this code, whether intentionally, negligently, or innocently, shall be void ab initio and shall give rise to no rights whatsoever.

Authority. The Building Commissioner, subject to the procedures, standards, and limitations of this section, may render interpretations, including use interpretations, of the provisions of this code and of any rule or regulation issued pursuant to it.

Purpose. The interpretation authority established by this section is intended to recognize that the provisions of this code, though detailed and lengthy, cannot possibly address every specific situation to which they may have to be applied. Many such situations, however, can be readily addressed by an interpretation of the specific provisions of this code in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority herein established is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this code but rather is intended only to allow authoritative application of that content to specific cases.

Parties entitled to seek interpretations. Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations shall not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.

Procedure.

Standards for use interpretations. The following standards shall govern the Building Commissioner, and the Zoning Board of Appeals on appeals from the Building Commissioner, in issuing use interpretations:

Effect of favorable use interpretation. No use interpretation finding a particular use to be permitted or specially permitted in a particular district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the Village, including, but not limited to, a special use permit, a certificate of zoning compliance, a building permit, a certificate of occupancy, subdivision approval, and site plan approval.

Limitations on favorable use interpretations.

Authority. The Zoning Board of Appeals shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act of, the Building Commissioner acting pursuant to his or her authority and duties under this code, and to that end the Zoning Board of Appeals shall have the same powers and be subject to the same standards and limitations as the Building Commissioner with respect to any order, decision, or determination being appealed.

Purpose. The appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intents of this code or the rightful authority of the Building Commissioner to enforce the requirements of this code. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this code and to the reasonable interpretations of that language by those charged with the administration of this code.

Parties entitled to appeal. An application for appeal to the Zoning Board of Appeals may be filed by any person aggrieved or adversely affected by an order, decision, determination, or failure to act of the Building Commissioner acting pursuant to his or her authority and duties under this code.

Procedure.

Stay of proceedings. An application for appeal properly filed pursuant to Subsection D of this section shall stay all proceedings in the furtherance of the action appealed from, unless the Building Commissioner certifies to the Zoning Board of Appeals, after the application for appeal has been filed with the Building Commissioner, that, by reason of facts stated in the certificate, a stay would, in the Building Commissioner's opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Appeals or by the Circuit Court on application, upon reasonable written notice to the Building Commissioner and on due cause shown.

Conditions and limitations on rights granted by appeal. In any case where this code imposes conditions and limitations upon any right, any such right granted by the Zoning Board of Appeals on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.

Authority. The Board of Trustees shall have the authority, by ordinance duly adopted, to grant variations from the provisions of this code, but only in compliance with the procedures set forth in Subsection D of this section and in those specific instances enumerated in Subsection E of this section and then only in accordance with each of the standards enumerated in Subsection F of this section.

Purpose. The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this code that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this Article XI, the variation procedure is necessarily inappropriate.

Parties entitled to seek variations. Applications for variations may be filed by the owner of, or person having a contractual interest in, the subject property.

Procedure.

Authorized variations.

Standards for variations.

Variation less than requested. A variation less than or different from that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.

Conditions on variations. The Zoning Board of Appeals may recommend and the Board of Trustees may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this code upon the premises benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance granting the variation. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of the variation.

Affidavit of compliance with conditions. Whenever any variation authorized pursuant to this section is made subject to conditions and limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Building Commissioner so stating.

Effect of grant of variation. The grant of a variation shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approval that may be required by the codes and ordinances of the Village, including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy, subdivision approval, and site plan approval.

Limitations on variations.

Authority. This code and the Zoning Map may be amended from time to time by ordinance duly enacted by the Board of Trustees in accordance with the procedures set out in this section.

Purpose. The amendment process established by this section is intended to provide a means for making changes in the text of this code and in the Zoning Map that have more or less general significance or application. It is not intended to relieve particular hardships nor to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this code and the Zoning Map in light of changing, newly discovered, or newly important conditions, situations, or knowledge.

Parties entitled to seek amendments. An application for an amendment may be filed by the Board of Trustees, the Plan Commission, the Zoning Board of Appeals, the owner of, or any person having a contractual interest in, any property to be affected by a proposed amendment to the Zoning Map, or any person interested in a proposed amendment to the text of this code.

Procedure.

Standard for amendments. The wisdom of amending the Zoning Map or the text of this code is a matter committed to the sound legislative discretion of the Board of Trustees and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied the Board of Trustees should be guided by the principle that its power to amend this code is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the Board of Trustees should weigh the factors that the applicant is required to address in its application pursuant to § 260-1131E(8) of this code.

Authority. The Board of Trustees, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, may grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the subject property is located.

Purpose. Special uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.

Parties entitled to seek special use permits. An application for a special use permit may be filed by the owner of, or any person having a contractual interest in, the subject property.

Procedure.

Standards for special use permits.

Conditions on special use permits. The Plan Commission may recommend and the Board of Trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this code upon the premises benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance granting the special use. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of the special use permit.

Affidavit of compliance with conditions. Whenever any special use permit granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Building Commissioner so stating.

Effect of issuance of a special use permit. The grant of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the codes and ordinances of the Village, including but not limited to a certificate of zoning compliance, a building permit, a certificate of occupancy, and subdivision approval.

Limitations on special use permits. Subject to an extension of time granted by the Building Commissioner pursuant to § 260-1101K of this code, no special use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.

Amendments to special use permits. A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this section for its original approval.

Authority. The Board of Trustees, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, may grant special use permits authorizing the development of planned unit developments, but only in the districts where such developments are listed as an authorized special use.

Purpose. Planned unit developments are included in this code as a distinct category of special use. As such, they are authorized for the same general purposes as all other special uses. In particular, however, the planned unit development technique is intended to allow the relaxation of otherwise applicable substantive requirements based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this code in recognition of the fact that traditional bulk, space, and yard regulations that may be useful in protecting the character of substantially developed and stable areas may impose inappropriate preregulations and rigidities upon the development or redevelopment of parcels or areas that lend themselves to an individual, planned approach. Through the flexibility of the planned unit development technique, the Village seeks to achieve the following specific objectives:

Parties entitled to seek planned unit development approval. An application for a special permit to permit a planned unit development may be filed by the owner of, or any person having a contractual interest in, the subject property.

Procedure.

Standards for planned unit developments.

Conditions on planned unit development approvals. The approval of either a development concept plan or a detailed plan may be conditioned on such matters as the approving body may find necessary to prevent or minimize any possible adverse effects of the proposed planned unit development, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this code, Chapter 205, Subdivision Regulations, of the Village Code, and the Official Comprehensive Plan; provided, however, that no such condition of detailed plan approval shall impair the rights granted by development concept plan approval. Such conditions shall be expressly set forth in the ordinance granting the approval in question. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of all approvals granted for the planned unit development.

Affidavit of compliance with conditions. Whenever any planned unit development approval granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant, upon meeting such conditions, shall file an affidavit with the Building Commissioner so stating.

Authority to vary regulations.

Regulation during and following completion of development. Following final plan approval, the final plan, rather than any other provision of this code, shall constitute the use, parking, loading, sign, bulk, space, and yard regulations applicable to the subject property, and no use or development, other than home occupation and temporary uses, not allowed by the final plan shall be permitted within the area of the planned unit development pursuant to the zoning district regulations otherwise applicable to such area.

Inspections during development.

Adjustments to final plan during development.

Amendments to final plan following completion of development. After completion of a planned unit development, an approved final plan may be amended, varied, or altered in the same manner and subject to the same limitations, as provided for major adjustments in Subsection K of this section.

Authority. The Board of Trustees, in accordance with the procedures and standards set forth in this section and by ordinance duly adopted, may grant campus development plan approval to each college and/or theological seminary located in the College District.

Purpose. The purpose of the campus development plan process is to assure that the development of the College District remains consistent with the community character of the Village and that uses in the College District do not have a negative impact upon neighboring districts. The campus development plan technique is particularly useful and appropriate for the College District due to its relatively broad bulk regulations and serves to monitor compliance of development with the provisions of this code.

Campus development plan required. Each college and theological seminary located within the College District shall maintain on file with the Village at all times a current, approved campus development plan. No development shall take place in the College District unless and until such a campus development plan has been approved in accordance with the requirements of this § 260-1164, and no such development shall take place except in strict compliance with such current, approved campus development plan. Each campus development plan shall be updated and resubmitted for approval on an annual basis. No campus development plan shall be deemed to be "current" unless it shall have been approved pursuant to this section within the previous 18 months.

Parties entitled to seek campus development plan approval. Applications for campus development plan approval may be filed by any college or theological seminary located in the College District.

Procedure.

Standards for campus development plan disapproval.

Effect of campus development plan approval.

Changes in campus development plan. An approved campus development plan may be amended, varied, or altered only in the same manner hereinabove provided for original approval of campus development plans.

Long-range plans. Each college and theological seminary located within the College District may, as an adjunct to its Campus development plan, develop and present to the Village a plan for the purposes of setting long-range goals and future development concepts that may be developed in detail in a future campus development plan. Such long-range plan shall first be presented to the Plan Commission, which shall review the plan and offer such comments and proposed changes to the long-range plan as it deems desirable. Following Plan Commission review and its report to the Village Board, the Village Board may accept such long-range plan by resolution, provided that such acceptance shall not be deemed approval of the long-range plan to the extent that such plan is not consistent with an approved campus development plan, and provided further that such long-range plan shall not supplant this code's requirement to maintain an approved campus development plan in accordance with § 260-1164. Acceptance of a long-range plan shall not bind an applicant or the Village as to the development or approval of future campus development plans.

Authority. The Board of Trustees, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, may grant site plan approval to uses and developments requiring such approval pursuant to Subsection C of this section.

Purpose. The site plan review process recognizes that even those uses and developments that have been determined to be generally suitable for location in a particular district are capable of adversely affecting the purposes for which this code was enacted unless careful consideration is given to critical design elements. It is the purpose of this section to provide a vehicle for the review of the developer's attention to such elements.

Site plan approval required. Site plan approval shall be required in connection with any development in the Village other than construction of any new building or the alteration, enlargement, or remodeling of any existing building within the A or B District on a lot created prior to the effective date of this code.

Parties entitled to seek site plan approval. Applications for site plan review may be filed by the owner of, or any person having a contractual interest in, the subject property.

Procedure.

Standards for site plan disapproval.

Effect of site plan approval.

Limitations on site plan approval. Subject to an extension of time granted by the Building Commissioner pursuant to § 260-1101K of this code, no site plan approval shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.

Adjustments to site plan during development.

Amendments to site plan following completion of development. After a site is developed in accordance with an approved site plan, the approved site plan may be amended, varied, or altered in the same manner and subject to the same limitations as provided for original approval of site plans.

Authority. The architectural review function of the Village shall be conducted in accordance with the procedures and standards set out in this section. The Village Manager may grant architectural review approval of developments qualifying for Level I architectural review under Subparagraph E(2)(b)[1] and [2] of this section. The Architectural Review Commission may, as a matter of original jurisdiction and in accordance with the procedures and standards set out in this section, grant architectural review approval to developments requiring Level II architectural review pursuant to Subparagraph E(2)(b)[2] of this section. In cases of appeal from a denial of approval by the Architectural Review Commission, the Board of Trustees, by ordinance duly adopted, may grant architectural approval in accordance with the procedures and standards set out in this section.

Purpose and goals. The purpose of the architectural review process is to protect, preserve, and enhance the natural and architectural environment of the Village, to protect and enhance property values, and to promote the health, safety, and welfare of the Village and its residents. It is the goal of these regulations that each new building or building modification added to Bannockburn should complement and improve upon the architectural heritage of the Village and continue to allow the natural landscape of the Village to predominate over its built environment.

Architectural review required. Architectural review (whether Level I review conducted by the Village Manager or Level II review conducted by the Architectural Review Commission) shall be required in connection with the construction of any new building, including a new or enlarged patio, exterior and outdoor lighting system, sign, fence, or wind energy system, or the alteration, enlargement, or remodeling of any existing building, patio, exterior and outdoor lighting system, sign, fence, or wind energy system (except for interior alterations and remodeling and like-for-like repair or replacement of existing exterior structures) within the Village (collectively, for purposes of this § 260-1166, a "qualifying project") unless such requirement shall have been waived by the Board of Trustees as provided in Subparagraph E(1)(c) below.

Parties entitled to seek architectural review. Applications for architectural review may be filed by the owner of, or any person having a contractual interest in, the subject property.

Procedure.

Standards and considerations for architectural review. In passing upon applications for architectural review permits, the Village Manager (for applications that qualify for Level I architectural review), the Commission (for applications that require Level II architectural review), and the Board of Trustees (in the case of an appeal) shall consider and evaluate the propriety of issuing said permit in terms of its effect on the stated purposes and goals of architectural review. To that end, the Village Manager, Commission, and Board of Trustees shall consider the appearance of a proposed construction, alteration, enlargement, or remodeling project in terms of the quality of its design and the relationship to its surroundings. A proposed project should harmonize with and support Bannockburn's unique character, with special consideration accorded the preservation and enhancement of landmarks and the preservation and enhancement of natural features, including without limitation existing trees and landscaping. Furthermore, a project should be consistent with all of the ordinances and regulations of the Village, including without limitation the Bannockburn Zoning Code, Comprehensive Plan, and Tree Ordinance.[1] In addition, the Village Manager, Commission, and Board shall consider, among other factors, the following particulars:

Manuals and guidelines. The Commission may from time to time provide for specific manuals or guidelines for architectural styles or common-occurring buildings or site features and elements to assist applicants for architectural review permits. Such manuals or guidelines shall be advisory only and shall not bind the applicant, the Village Manager, the Commission, nor the Board of Trustees with respect to any specific case.

Affidavit of compliance with conditions. Whenever an architectural review permit issued pursuant to this section is made subject to conditions to be met by the applicant, the applicant, upon meeting such conditions, shall file an affidavit with the Building Commissioner stating such compliance.

Limitation on permits. An architectural review permit shall become null and void six months after the date on which it was issued unless within such period the work authorized by such certificate is commenced. An architectural review permit shall relate solely to the work shown on plans approved by the issuance of such permit and it shall be unlawful for any person to deviate from such plans without obtaining an amended permit in the same manner as herein provided for obtaining original permits.

Authority. The Building Commissioner may, in accordance with the procedures and standards set out in this section, grant sign permits authorizing the construction and maintenance of signs, subject to the regulations of § 260-906 of this code and the standards stated in this section.

Purpose. The sign regulations and standards set forth in this code are intended to protect the health, safety, and welfare of Village residents by establishing specific conditions and limitations on development of all signs in the Village. The sign permit process is designed to ensure that all such regulations and standards have been satisfied.

Parties entitled to seek sign permits. An application for a sign permit may be filed by the owner of, or any person having a contractual interest in, the property on which the sign is proposed to be located.

Procedure.

Standards for sign permits. No sign permit shall be granted pursuant to this section unless the applicant shall establish that:

Conditions on sign permits. The Building Commissioner may impose such conditions and limitations concerning construction and maintenance upon the grant of a sign permit as may be necessary or appropriate to ensure satisfaction of the standards set forth in this section and the purposes and objectives of this code and to minimize any adverse effects upon other property in the vicinity. Such conditions shall be expressly set forth in the sign permit. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of the sign permit.

Effect of issuance of a sign permit. The grant of a sign permit shall not authorize construction or maintenance of any sign, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the codes and ordinances of the Village, including but not limited to a building permit and architectural review permit.

Stop and cease-and-desist orders. Upon finding the existence of any violation of this code, the Building Commissioner shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; specifically, the Building Commissioner shall order the discontinuance of any illegal use of land or structures, the removal of illegal structures, additions, or alterations, and the discontinuance of illegal work being done.

Legal actions. In the enforcement of this code, the Building Commissioner shall exercise all the powers authorized by the statutes of the State of Illinois and Village codes and ordinances to ensure compliance with, or to prevent or abate any violation of, the provisions of this code; and in particular shall, where necessary or appropriate, institute or cause to be instituted by the Village Attorney in the name of the Village of Bannockburn any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this code.

Abatement; liens. Where authorized by state statute, the Building Commissioner may order any work necessary to abate any violation of this code and shall assess the cost of such work to the property owner. Upon the failure of the owner to pay such cost, the Building Commissioner shall file a lien for such costs and for all costs of collection against the property in question.

Revocation of rezonings, permits, variations, or approvals. The violation of any provision of this code, or of any permit or approval granted pursuant to this code, or of any condition imposed pursuant to this code shall be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this code and affecting the property involved in the violation. The Building Commissioner may recommend and the Board of Trustees may order such revocation; provided, however, that where the original rezoning, permit, variation, or approval was granted following a public hearing required pursuant to this code, the revocation shall be preceded by a similar public hearing.

Fines. In the enforcement of this code, the Building Commissioner shall, where necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this code as authorized by state law and this code.