The administration of this title is hereby vested in three (3) offices of the government of the village as follows: (Ord. 2011-10, 2-28-2011; amd. Ord. 2014-48, 10-27-2014)

   A.   Building and zoning official;

   B.   Police department; and (Ord. 2011-10, 2-28-2011)

   C.   Planning and zoning commission. (Ord. 2014-48, 10-27-2014)

   A.   Created: In the village, the village administrator shall appoint a building and zoning official with the authority, responsibility, and duties as set forth in this title and such other ordinances and codes of the village that may exist from time to time. (Ord. 2007-20, 5-24-2007)

   B.   Duties: The following shall be the duties of the building and zoning official:

      1.   Determine conformance of application for building permits with regulations of this title and make and maintain records thereof;

      2.   Issue certificates of occupancy and make and maintain records thereof;

      3.   Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this title;

      4.   Maintain permanent and current records of this title including, but not limited to, all maps, amendments and special uses, variations, appeals, and applications therefor, and designate on the zoning district map each amendment and special use, in addition to such records which the village is required to keep; (Ord. 69-12, 4-23-1969)

      5.   Receive all matters to come before the planning and zoning commission and assign a consecutive number for identification in the order in which they are received and, insofar as is practicable, place them on the agenda of the planning and zoning commission in the numerical order in which they are received;

      6.   Initiate, direct, and review, from time to time, a study of the provisions of this title and make written reports of recommendations to the planning and zoning commission not less frequently than once each year; and (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

      7.   Issue permits for the erection of temporary structures in accordance with regulations of the village building code. (Ord. 69-12, 4-23-1969)

   A.   Certificate Required: Any land vacant on the effective date hereof, and any building or structure, or addition or major alteration thereto, constructed after the effective date hereof, shall not be used or occupied until a certificate of occupancy has been issued by the building and zoning official. No new use shall be made of any land, building, or structure until a certificate of occupancy has been issued.

   B.   Application For Certificate: Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land or existing building or structure where no building permit is required shall be made to the building and zoning official.

   C.   Inspection; Issuance Of Certificate: An occupancy certificate shall be issued only after the building and zoning official has inspected the premises and finds:

      1.   It to be in compliance with all applicable regulations of the zoning district in which it is located; and

      2.   That the use or building or structure is in conformance with the plans and specifications for which the building permit was issued.

   D.   Temporary Certificate: The building and zoning official may issue only one temporary occupancy certificate for each application for a building permit as follows:

      1.   For a period not to exceed six (6) months from the date of its issuance, and with provisions, if required, for an extension of not more than a total of three (3) additional months; and

      2.   That the portion of the land, building, or structure for which the temporary occupancy certificate is issued has been completed and meets the requirements as set forth under subsections C1 and C2 of this section, and the remaining portion of the land, building, or structure is in the process of completion.

   E.   Contents Of Certificate: Every certificate of occupancy shall be dated, shall state that the use or occupancy complies with the provisions of this title and shall be signed by the building and zoning official.

   F.   Approval Or Denial Of Certificate: The occupancy certificate shall be issued, or written notice shall be given, to the applicant specifying the reasons why a temporary or permanent certificate cannot be issued not later than fourteen (14) days after the building and zoning official is notified in writing that the building or premises is ready for occupancy. (Ord. 69-12, 4-23-1969)

   A.   Purpose: The development and execution of this title is based upon the division of the village into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories:

      1.   Uses publicly operated or traditionally affected with a public interest.

      2.   Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

   B.   Initiation: Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the special uses provided in this title in the zoning district in which the land is located. (Ord. 69-12, 4-23-1969)

   C.   Processing Application:

      1.   Filing; Required Information: An application for a special use shall be filed with the village clerk on a form prescribed by the president and board of trustees. The application shall be accompanied by such plans or data, or both, as specified by the planning and zoning commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth herein for special uses. Copies of such application shall be forwarded by the board of trustees to the planning and zoning commission with the request to hold a public hearing. (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

      2.   Notices: The applicant shall give notices of the public hearing as follows: (Ord. 69-12, 4-23-1969)

         a.   Persons Required To Be Notified: To the persons to whom the current real estate tax bills are sent, if any, as shown on the record of the local real estate tax assessor, of all lots lying within two hundred fifty feet (250') of a property line of the lot for which the application has been filed. (Ord. 96-40, 9-9-1996)

         b.   Contents: All notices shall be in writing and shall give the time, place, and purpose of such hearing and shall be mailed not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the tax assessor's rolls and with sufficient postage affixed thereon, with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the village clerk, showing the names and addresses of all notices the applicant has sent. Said affidavit shall be conclusive presumption of giving of said notices.

         c.   Publication: The village clerk shall cause a notice of time, place, and purpose of such hearing to be published in a newspaper of general circulation within the village not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.

         d.   Posting: The applicant shall post and maintain for a period of not less than ten (10) days prior to the hearing the notice thereof as furnished by the village clerk. The said notice, showing the time, place and purpose of said hearing, shall be posted on the property for which the special use is sought as follows:

            (1)   On an unimproved lot: Not more than fifteen feet (15') from the front lot line and not less than four feet (4') above and not more than six feet (6') above the ground and placed in such a manner as to be unobscured from the street.

            (2)   On an improved lot: On the front entrance door of the improvement thereon, or placed in a similar manner as for an unimproved lot. (Ord. 69-12, 4-23-1969)

         e.   Additional Notices: Supplemental or additional notices may be distributed, published or posted as the planning and zoning commission may, by rule, prescribe from time to time.

   D.   Hearing: Upon receipt, in proper form, of the application and statement referred to above, the planning and zoning commission shall hold at least one public hearing on the proposed special use. However, the planning and zoning commission may continue the hearing from time to time without further notices being published.

   E.   Planning And Zoning Commission Recommendation: No special use permit shall be recommended by the planning and zoning commission unless there is a concurring vote of a majority of all members present with a minimum of four (4) concurring votes required, based on findings of fact that: (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

      1.   The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

      2.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

      3.   The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

      4.   Adequate utilities, access roads, drainage, or necessary facilities have been or will be provided.

      5.   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. (Ord. 69-12, 4-23-1969)

      6.   The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations, in each instance, be modified by the president and board of trustees pursuant to the recommendations of the planning and zoning commission.

      7.   The planning and zoning commission may recommend that there be, in part of the area of a planned development and for the duration of such development, specified uses not permitted by the use regulations of the district in which said development is located; provided, that the planning and zoning commission shall find that: (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

         a.   The uses permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of the development;

         b.   The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;

         c.   Not more than twenty percent (20%) of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said exception;

         d.   In an industrial planned development, such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located as set forth in section 11-9-7 of this title; and

         e.   That the use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district map. (Ord. 69-12, 4-23-1969)

      8.   The planning and zoning commission may recommend that there be in a planned development exceptions to the bulk regulations set forth in the district regulations applicable to the district in which the planned development is located; provided, that the planning and zoning commission shall find: (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

         a.   That such exception shall be solely for the purpose of promoting a unified site plan no less beneficial to the residents or occupants of such development as well as the neighboring property than would be obtained by the bulk regulations of this title for buildings developed on separate lots;

         b.   That the overall floor area ratio, when applicable, would not exceed, by more than fifteen percent (15%), the floor area ratio regulation of this title for the district in which it is located; (Ord. 69-12, 4-23-1969)

         c.   That in the part of the planned development containing only residential uses, the minimum lot area per dwelling unit may be less than required by district regulations applicable to the district in which the planned development is located, provided there is contained within the planned development permanent open areas having sufficient area to maintain at least the required lot area per dwelling for the district where it is located, when related to the total area within the planned development, exclusive of areas in rights of way of thoroughfares, streets and alleys. Such open areas shall be perpetuated by properly recorded covenants extending over the life of the planned development as common area for use only by the residents of the planned development or dedicated to the village for park, playground or other open public uses; and (Ord. 69-12, 4-23-1969; amd. 2012 Code)

         d.   That in part of a planned development devoted to residential uses, the planning and zoning commission may recommend and the president and board of trustees may approve access to: a dwelling by a driveway or pedestrian walk easement; off street parking facilities for such dwelling when located not more than one hundred eighty feet (180') from the dwelling served; and spacing between buildings of lesser widths or depths than required by district regulations for the district in which the planned development is located; provided: (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

            (1)   That protective covenants are recorded which perpetuate, during the period of the special use, access easements and off street parking spaces for use by the residents of the dwellings served;

            (2)   The spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and due consideration is given to the openness normally afforded by intervening streets and alleys. Spacing between principal buildings within a part of a planned development where subsequent transfer of ownership is contemplated shall be equivalent to such spacing as would be required between buildings by district regulations for the district in which it is located; and

            (3)   The yards along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the district in which the planned development is located.

   F.   President And Board Of Trustees Decision:

      1.   Prior to the granting of any special use, the president and board of trustees shall stipulate conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this chapter. In all cases in which special uses are granted, the president and board of trustees shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (Ord. 69-12, 4-23-1969)

      2.   The president and board of trustees may grant or deny any application for a special use permit after receiving the recommendations of the planning and zoning commission, including the stipulations of additional conditions and guarantees, when they are deemed necessary for the protection of the public interest. (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

      3.   No application for a special use which has been denied wholly or in part by the president and board of trustees shall be resubmitted for a period of six (6) months from the date of said order of denial. (Ord. 69-12, 4-23-1969)

      4.   In any case, where a special use permit has been granted and a building permit has not been obtained within eighteen (18) months after the date of granting thereof, then, without further action by the planning and zoning commission and the president and board of trustees, the special use permit approval shall automatically be terminated and canceled and null and void. In the event that an occupancy certificate is not issued within five (5) years after the special use permit has been granted, the special use permit shall automatically terminate. (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

   A.   Initiation Of Amendment: Amendments to this title may be proposed by the president and board of trustees, the planning and zoning commission, any property owner or any interested person or organization.

   B.   Application For Amendment: An application for an amendment shall be filed with the village clerk on a form prescribed by the president and board of trustees. The application shall be accompanied by such plans or data, or both, as specified by the planning and zoning commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendment will conform to the standards set forth herein for amendments. Copies of such application shall be forwarded by the board of trustees to the planning and zoning commission with the request to hold a public hearing. (Ord. 77-62, 12-28-1977; amd. Ord. 2014-48, 10-27-2014)

   C.   Notices: The applicant shall give notices of the public hearing as follows: (Ord. 69-12, 4-23-1969)

      1.   Persons Required To Be Notified: To the persons to whom the current real estate tax bills are sent, if any, as shown on the record of the local real estate tax assessor, of all lots lying within two hundred fifty feet (250') of a property line of the lot for which the application has been filed. (Ord. 96-40, 9-9-1996)

      2.   Contents: All notices shall be in writing and shall give the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the tax assessor's rolls and with sufficient postage affixed thereon, with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the village clerk, showing the names and addresses of all notices the applicant has sent. Said affidavit shall be conclusive presumption of giving of said notices.

      3.   Publication: The village clerk shall cause a notice of time, place, and purpose of such hearing to be published in a newspaper of general circulation within the village not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.

      4.   Posting: The applicant shall post and maintain, for a period of not less than ten (10) days prior to the hearing, the notice thereof as furnished by the village clerk. The said notice, showing the time, place and purpose of said hearing, shall be posted on the property for which the amendment is sought as follows: (Ord. 69-12, 4-23-1969)

         a.   On an unimproved lot: Not more than fifteen feet (15') from the front lot line and not less than four feet (4') above and not more than six feet (6') above the ground and placed in such a manner as to be unobscured from the street. (Ord. 69-12, 4-23-1969; amd. 2012 Code)

         b.   On an improved lot: On the front entrance door of the improvement thereon, or placed in a similar manner as for an unimproved lot. (Ord. 69-12, 4-23-1969)

      5.   Additional Notices: Supplemental or additional notices may be distributed, published or posted as the planning and zoning commission may, by rule, prescribe from time to time.

   D.   Hearing: Upon receipt, in proper form, of the application and statement referred to above, the planning and zoning commission shall hold at least one public hearing on the proposed amendment. However, the planning and zoning commission may continue the hearing from time to time without further notices being published. (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

   E.   Findings Of Fact And Recommendations Of Planning And Zoning Commission:

      1.   A basic function of the planning and zoning commission is to advise the president and board of trustees concerning matters relating to this title. It is imperative that land development and growth of the village be carried on according to an organized and well planned scheme, calculated and specifically designed to further the best interests of the village. Such interests shall be as manifested from time to time by the president and board of trustees. (Ord. 77-62, 12-28-1977; amd. Ord. 2014-48, 10-27-2014)

      2.   Within forty five (45) days after the close of the hearing on a proposed amendment, the planning and zoning commission shall make written findings of fact and shall submit same, together with its recommendations, to the president and board of trustees. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

         a.   Existing uses of property within the general area of the property in question;

         b.   The zoning classification of property within the general area of the property in question;

         c.   The suitability of the property in question to the uses permitted under the existing zoning classification; and

         d.   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 day the property in question was placed in its present zoning classification. (Ord. 69-12, 4-23-1969)

   F.   Planning And Zoning Commission Recommendations:

      1.   The planning and zoning commission shall not recommend the adoption of a proposed amendment until after it finds that the adoption of such amendment is in the public interest and not solely for the interest of the applicant. The planning and zoning commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any other zoning classification. (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

      2.   A concurring vote of a majority of those members present at the meeting, with a minimum of four (4) concurring votes, shall be required to recommend granting or denying an application for an amendment.

      3.   Report to the village board shall contain the number present and names of those voting for or against the motion. (Ord. 69-12, 4-23-1969)

   G.   President And Board Of Trustees Decision:

      1.   The president and board of trustees, upon receiving the recommendations of the planning and zoning commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the planning and zoning commission for further consideration. (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014)

      2.   If an application for a proposed amendment is not acted upon finally by the president and board of trustees within six (6) months of the date upon which such application is received by the president and board of trustees, it shall be deemed to have been denied. (Ord. 69-12, 4-23-1969)

   A.   Authority: The planning and zoning commission shall report findings and recommendations to the president and board of trustees regarding authorized variations of the provisions of this title in harmony with its general purpose and intent, and shall recommend approval of them only in the specific instances where a concurring vote of a majority of all members present, with a minimum of four (4) concurring votes required, determines that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title.

   B.   Initiation: Any person, firm, or corporation owning or having an interest in a lot or the board of trustees may apply for a variation.

   C.   Processing Application:

      1.   Filing Application; Required Information: An application for a variation shall be filed with the village clerk on a form prescribed by the president and board of trustees. The application shall be accompanied by such plans or data, or both, as specified by the planning and zoning commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed variation will conform to the standards set forth herein for variations. Copies of such application shall be forwarded by the village clerk to the planning and zoning commission with the request to hold a public hearing.

      2.   Notices: The applicant shall give notices of the public hearing as follows:

         a.   Persons Required To Be Notified: To the persons to whom the current real estate tax bills are sent, if any, as shown on the record of the local real estate tax assessor, of all lots lying within two hundred fifty feet (250') of the property lines of the lot for which the variation is sought.

         b.   Contents: All notices shall be in writing and shall give the time, place, and purpose of such hearing and shall be mailed not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the tax assessor's rolls and with sufficient postage affixed thereon, with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the village clerk, showing the names and addresses of all notices the applicant has sent. Said affidavit shall be conclusive presumption of giving of said notices.

         c.   Publication: The village clerk shall cause a notice of time, place, and purpose of such hearing to be published in a newspaper of general circulation within the village not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.

         d.   Posting: The applicant shall post and maintain, for a period of not less than ten (10) days prior to the hearing, the notice thereof as furnished by the village clerk. The said notice, showing the time, place and purpose of said hearing, shall be posted on the property for which the variation is sought as follows:

            (1)   On an unimproved lot: Not more than fifteen feet (15') from the front lot line and not less than four feet (4') above and not more than six feet (6') above the ground and placed in such a manner as to be unobscured from the street.

            (2)   On an improved lot: On the front entrance door of the improvement thereon, or placed in a similar manner as for an unimproved lot.

         e.   Additional Notices: Supplemental or additional notices may be distributed, published or posted as the planning and zoning commission may, by rule, prescribe from time to time.

   D.   Hearing: Upon receipt, in proper form, of the application and statement referred to above, the planning and zoning commission shall hold at least one public hearing on the proposed variation. However, the planning and zoning commission may continue the hearing from time to time without further notices being published.

   E.   Findings Of Fact And Recommendations Of Planning And Zoning Commission:

      1.   Within forty five (45) days after the close of the hearing on a proposed variation, the planning and zoning commission shall make written findings based upon the evidence presented to it in each specific case with respect to standards identified in subsection E2 of this section and shall submit same, together with its recommendations, to the president and board of trustees.

      2.   The planning and zoning commission shall not recommend approval of a variation from the provisions of this title, as authorized in this section, unless it shall find, by a concurring vote of a majority of all members present, with a minimum of four (4) concurring votes required, that:

         a.   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district;

         b.   The plight of the owner is due to unique circumstances; and

         c.   The variation, if granted, will not alter the essential character of the locality.

      3.   For the purpose of supplementing the above standards, the planning and zoning commission, in making its findings and recommendations whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence that:

         a.   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 regulations were strictly enforced;

         b.   The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;

         c.   The purpose of the variation is not based exclusively upon a desire to make more money out of the property;

         d.   The alleged difficulty or hardship has not been created by any person presently having an interest in the property;

         e.   The granting of the variation 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

         f.   The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

      4.   The planning and zoning commission may place such conditions and restrictions upon any recommendations made thereby regarding the premises benefited by a 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 title.

   F.   President And Board Of Trustees Action:

      1.   The president and board of trustees, upon receiving the recommendations of the planning and zoning commission, may grant or deny any proposed variation in accordance with applicable Illinois statutes, or may refer it back to the planning and zoning commission for further consideration.

      2.   If an application for a proposed variation is not acted upon finally by the president and board of trustees within six (6) months of the date upon which such application is received by the president and board of trustees, it shall be deemed to have been denied.

   G.   Types Of Authorized Variations: Variations from the regulations of this title may be heard and reported upon by the planning and zoning commission to the president and board of trustees and considered and granted by the president and board of trustees only in accordance with the standards set forth in this section, and only in the following instances and no others:

      1.   Building Setback, Minimum Yards, Lot Coverage, Lot Area, And Building Height:

         a.   To permit yards, spacing between buildings, and other required open spaces to have less width or depth than required by the district regulations, but not the elimination of required yards, spacing between buildings, and other required open spaces;

         b.   To permit coverage of lots and rear yards to be greater than the maximum permitted by this title; provided, that existing water drainage patterns are not altered;

         c.   To permit the establishment of a lot with an area and/or width of less than the minimum required area and/or width permitted by this title for such lot;

         d.   To permit a building height greater than the maximum permitted building height permitted by this title;

      2.   Lot Not Of Record: To permit the use of a lot not of record on the effective date hereof for a use otherwise prohibited solely because of the insufficient area of the lot;

      3.   Parking Lot Illumination: To permit parking lots to be illuminated later than thirty (30) minutes after close of business;

      4.   Number Of Parking Spaces: To reduce the required number of parking spaces to the extent of not more than twenty percent (20%) of the required number;

      5.   Distance Of Use From Parking Space: To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served;

      6.   Parking Spaces Qualifying For Two Or More Uses: To permit the same off street parking spaces to qualify as required spaces for two (2) or more uses; provided, that the maximum use of such facility by each user does not take place during the same hours or on the same days of the week; and

      7.   Floor Area Ratio: To allow any permitted nonresidential use in a residence district to exceed the floor area ratio imposed by the applicable regulations. (Ord. 2014-48, 10-27-2014)

   A.   Authority: The planning and zoning commission shall hear and report findings and recommendations to the village president and board of trustees on all appeals from an administrative order, requirement, or determination made by the building and zoning official under this title.

   B.   Initiation: An appeal may be taken to the planning and zoning commission 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 title by the building and zoning official.

   C.   Processing: An application for an appeal shall be filed with the village clerk on a form prescribed by the president and board of trustees. The application shall be accompanied by such plans or data, or both, as are necessary to evidence that the appeal is warranted, and shall include a statement in writing by the applicant regarding the same. Copies of such application shall be forwarded by the village clerk to the planning and zoning commission to hear and report findings and recommendations regarding such appeal to the president and board of trustees.

   D.   Hearing On Application: Upon receipt in proper form of the application, information and statement referred to in this section, the planning and zoning commission shall hold at least one hearing on the appeal, which may be continued to a subsequent date or dates.

   E.   Findings Of Fact And Recommendations; Decision; Judicial Review:

      1.   Within forty five (45) days after the close of the hearing on an appeal, the planning and zoning commission shall make written findings regarding such appeal based upon the evidence presented to it in each specific case and shall submit same, together with its recommendations, to the president and board of trustees.

      2.   A concurring vote of a majority of those members of the planning and zoning commission present at the meeting at which an appeal is heard shall be required to recommend granting or denying an appeal by the president and board of trustees; provided, however, not less than four (4) concurring votes shall be required for such recommendation.

      3.   All decisions of the president and board of trustees on appeals from an administrative order, requirement, decision, or determination of the building and zoning official shall, in all instances, be final administrative determinations and shall be subject to judicial review in accordance with applicable Illinois statutes. (Ord. 2014-48, 10-27-2014)

An application for a variation, amendment, special use or other zoning permission or relief shall be filed and accompanied by a fee, payable to the village, for such amount as established by the village board of trustees 1 . (2012 Code; amd. Ord. 2014-48, 10-27-2014)

   A.   Enforcement Official: The building and zoning official is hereby designated and authorized to enforce this title. (Ord. 2008-14, 3-24-2008; amd. Ord. 2014-48, 10-27-2014)

   B.   Penalty: Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of, any of the provisions of this title shall, upon conviction, be punishable as provided in section 1-4-1 of this code for each offense. (Ord. 2008-14, 3-24-2008; amd. 2012 Code; Ord. 2014-48, 10-27-2014)