The administration of this article is vested in the office of the zoning administrator, the zoning board of appeals, the office of the secretary of the zoning board of appeals, and the plan commission.

(Code 1973, ch. 29, § 11-101)

The zoning administrator shall be appointed by the village mayor with the advice and consent of the board of trustees. The zoning administrator or his duly appointed and acting assistant shall administer and enforce this article. It shall be the duty of the zoning administrator to:

(1)

Receive and process applications for zoning certificates for structures or additions thereto for which building permits are required.

(2)

Receive and process applications for zoning certificates not accompanied by an application for a building permit.

(3)

Receive and process applications for an occupancy certificate upon the completion of a structure or when there is a change of use as herein provided.

(4)

Conduct inspections of structures or the use of land to determine whether there is compliance with this article, and, in cases of any violation, to notify in writing the person responsible, specifying the nature of the violation and ordering corrective action.

(5)

Maintain in current status the official zoning map.

(6)

Maintain permanent and current records required by this article, including, but not limited to, zoning certificates, occupancy certificates, useful life determinations and nonconforming use certificates, inspections, and all official action on appeals, variations and amendments.

(7)

Prepare and submit an annual report to the mayor and board of trustees on the administration of this article, setting forth such statistical data and information as may be of interest or value in advancing and furthering the purposes of this article.

(8)

Prepare and have available in book, pamphlet or map form, on or before March 31 of each year:

a.

The compiled text of this chapter, including all amendments thereto through the preceding December 31; and

b.

An official zoning map, or maps, showing the zoning district, divisions, and classifications in effect on the preceding December 31.

(9)

Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of this article, and the rules of the zoning board of appeals.

(Code 1973, ch. 29, §§ 11-201, 11-202)

No building permit pertaining to the construction, remodeling, moving or reconstruction of any structure shall be issued by the village unless an application for a zoning certificate shall first have been made to and obtained from the zoning administrator. Unless a zoning certificate shall first have been obtained from the office of the zoning administrator:

(1)

The construction, building, moving, remodeling or reconstruction of any structure shall not be commenced;

(2)

The improvement of land preliminary to any use of such land shall not be commenced; and

(3)

Permits pertaining to the use of land or structures shall not be issued by any official, officer, employee, department, board or bureau of the village. Any application for a building permit that contains the information required by section 54-943 and, when applicable section 54-944, shall be deemed to be an application for a zoning certificate. Any zoning certificate issued in conflict with the provisions of this division shall be null and void.

(Code 1973, ch. 29, § 11-301)

Every application for a zoning certificate shall be accompanied by the following:

(1)

The certificate of a registered architect or registered structural engineer licensed by this state, or of an owner-designer, that the proposed construction, remodeling, or reconstruction complies with the provisions of this division.

(2)

A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the recorded plat of such land.

(3)

A plot plan, in duplicate, drawn to scale and in such form as may from time to time be prescribed by the zoning administrator, showing the location, ground area, height, and bulk of all present and proposed structures, drives and off-street parking and loading spaces, the building lines in relation to lot lines, waste disposal areas, the use to be made of such present and proposed structures on the land, and such other information as may be required by the zoning administrator for the proper enforcement of this division. Applications for zoning certificates for property located in an industrial district shall also be subject to section 54-944 and on such applications the plot plan shall also show all structures, streets, streams and any other significant physical features within 200 feet of the boundary of the site shown on the plot plan.

(4)

One copy of the plat and the plot plan shall be retained by the zoning administrator as a public record.

(Code 1973, ch. 29, § 11-302)

All applications for a zoning certificate for the construction, moving, remodeling, or reconstruction of any structure to be located in an industrial district shall be accompanied by sufficient information to enable the zoning administrator to determine that there will be compliance with the applicable performance standards of this section. At the request of the zoning administrator, the applicant shall provide, in addition to the information required under section 54-943, the following:

(1)

A description of the activity to be conducted in sufficient detail to indicate the extent to which the proposed operation will produce waste products, conditions, or external effects which are regulated or otherwise limited by this section.

(2)

A description of the type and location of any abatement devices or recording instruments used to control or measure conformity with any of the standards set forth in section 54-943.

(3)

Such other data and certificates as may reasonably be required by the zoning administrator to reach a determination with respect to whether the proposed use or structure will comply with the requirements of this section.

(4)

All information and evidence submitted in an application for a zoning certificate to indicate conformity with the performance standards set forth in this section shall constitute a certification and an agreement on the part of the applicant that the proposed structure or use can and will conform to such standards.

(Code 1973, ch. 29, § 11-303)

(a)

A zoning certificate shall be either issued or refused by the zoning administrator within 14 days after the receipt of an application therefor, or within such further period as may be agreed to by the applicant; provided, however, that the zoning administrator shall have a period of 21 days within which to issue or refuse a zoning certificate on all applications which are required to comply with the provisions of section 54-944. When the zoning administrator refuses to issue a zoning certificate, he shall advise the applicant in writing of the reasons for refusal.

(b)

The fees for such zoning certificate shall be as provided in the village fee schedule.

(Code 1973, ch. 29, § 11-304; Ord. No. 04-062, 5-18-2004; Ord. No. 05-060, 5-31-2005; Ord. No. 06-057, 5-23-2006)

A zoning certificate shall become null and void six months after the date on which it is issued unless within such six-month period, construction, moving, remodeling or reconstruction of a structure is commenced or a use is commenced.

(Code 1973, ch. 29, § 11-305)

No structures or addition thereto, constructed, moved, remodeled, or reconstructed after the effective date of the ordinance from which this chapter is derived shall be occupied or used for any purpose, and no land vacant on the effective date of the ordinance from which this division is derived shall be used for any other use, unless an occupancy certificate shall first have been obtained from the zoning administrator certifying that the proposed use or occupancy complies with all the provisions of this division.

(Code 1973, ch. 29, § 11-306)

Every application for a zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or structures where no zoning certificate is required shall be filed with the zoning administrator and be in such form and contain such information as the zoning administrator shall provide by general rule.

(Code 1973, ch. 29, § 11-307)

All applications for an occupancy certificate for any use to be located in an industrial district where no zoning certificate is required shall be accompanied by sufficient information to enable the zoning administrator to determine that all the applicable performance standards of section 54-944 can and will be complied with. At the request of the zoning administrator, the applicant shall provide such information as is specified in section 54-944.

(Code 1973, ch. 29, § 11-308)

(a)

No occupancy certificate for a structure or addition thereto constructed, moved, remodeled or reconstructed after the effective date of the ordinance from which this division is derived shall be issued until such work has been completed, including off-street parking and loading spaces, and the premises have been inspected by the zoning administrator and determined to be in full and complete compliance with the plans and specifications upon which the issuance of the zoning certificate was based.

(b)

No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected by the zoning administrator and determined to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located.

(c)

Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed six months from its date pending the completion of any addition or during partial occupancy of the premises. Temporary occupancy permits may only be issued when extraordinary circumstances exist (i.e., unavailability of materials, inclement weather etc.) and when it would not jeopardize the life or property of the citizens of village.

(d)

Any temporary occupancy permit issued must be accompanied by a letter of credit or a bond to cover site work which has not been completed at the time of application for an occupancy permit. The amount of the letter of credit or bond shall be determined by the zoning administrator and shall be deposited in an escrow account by the director of finance for the duration of the temporary occupancy permit or until the site work has been completed in accordance with the approved site plan and inspected by the zoning administrator.

(e)

An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within 14 days after the receipt of an application therefor or after the zoning administrator is notified in writing that the structures or premises are ready for occupancy; provided, however, that the zoning administrator shall have a period of 21 days within which to issue or refuse an occupancy certificate on all applications which are required to comply with the provisions of section 54-944.

(Code 1973, ch. 29, § 11-309; Ord. No. 80-055, 9-9-1980)

(a)

When an application for a zoning or occupancy certificate for a new or altered structure or use in an industrial district indicates, in the opinion of the zoning administrator, that the operations or activities to be conducted may violate the performance standards of section 54-944, the zoning administrator shall, as a condition precedent to issuing a zoning or occupancy certificate, require the deposit in escrow of not more than $500.00, to be held by the zoning administrator for a period of one year after the date that such new or altered use is commenced.

(b)

If during such one year period or at any time in the future the zoning administrator believes there is a reasonable probability that the regulations of section 54-944 are being violated, he may employ a qualified technician or technicians to perform investigations, measurements, and analyses to determine whether or not the regulations of section 54-944 are, in fact, being violated and may pay his or their reasonable fees out of the aforementioned escrow deposit, regardless of the outcome of the investigation.

(c)

If reasonable fees of such technician or technicians exceed the amount of any available escrow deposit, and if a violation of section 54-944 is discovered, the fees may be recovered as penalty in the same manner as, and in addition to, the penalties specified in article XII of this chapter. Escrow deposits or remainders of escrow deposits shall be returned to the depositors at the expiration of the escrow period.

(Code 1973, ch. 29, § 11-310)

An appeal from a decision of the zoning administrator made in interpreting this division may be taken to the zoning board of appeals by any person, firm or corporation aggrieved by the decision or by any officer, department, board or bureau of the village. Such appeal shall be taken within 35 days of the ruling by the zoning administrator, by filing with the zoning administrator a notice of appeal, specifying the grounds thereof, and by filing the appeal and a copy of the notice of appeal with the secretary of the board. The zoning administrator shall forthwith transmit to the secretary of the board the papers constituting the records upon which he made the decision from which appeal has been taken. The notice of appeal and the appeal itself shall be filed in such number of copies, be in such form, and contain such information as the board may provide from time to time by general rule.

(Code 1973, ch. 29, § 11-601)

An appeal shall stay all proceedings in furtherance of the decision of appeal unless the zoning administrator certifies to the zoning board of appeals after the notice of appeal has been filed with him that, by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than a restraining order, which may be granted by the board or by a court of record upon application following notice to the zoning administrator, and upon due cause shown. The board shall select a reasonable time and place for the public hearing on the appeal, shall give due notice thereof to the parties having a known interest therein and shall render a written decision without unreasonable delay, all within the limitations imposed by this division. Upon the concurring vote of four members, the board may reverse or affirm, in whole or in part, or may modify the decision from which the appeal was taken, and to that end the board shall have all the powers of the zoning administrator with respect to such decision.

(Code 1973, ch. 29, § 11-602; Ord. No. 76-013, 2-10-1976)

The board of trustees and zoning board of appeals may authorize such variations as are hereinafter set forth from the terms of this chapter in harmony with their purpose and intent as will not be contrary to the public interest. Variations may be authorized only on those specific instances enumerated in section 54-1001, and then only when the particular board that has authority to grant the variation requested has made findings of fact, based upon the standards set out in section 54-1002, that owing to special conditions a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulties or particular hardship for the owner, lessee or occupant of land or a structure.

(Code 1973, ch. 29, § 11-701; Ord. No. 76-090, 8-17-1976)

An application for a variation shall be filed with the zoning administrator who shall forward without delay a copy of each to the secretary of the board of appeals for variations governed by section 54-1001(b) or the village clerk for variations governed by section 54-1001(a). The application shall contain the following information as well as such additional information as may be prescribed by rule of the board:

(1)

The particular requirements of this division which prevent the proposed use or construction;

(2)

The characteristics of the subject property which prevent compliance with the requirements of this division;

(3)

The reduction of the minimum requirements of this division which would be necessary to permit the proposed use or construction; and

(4)

The practical difficulty or particular hardship which would result if the particular requirements of this division were applied to the subject property.

(Code 1973, ch. 29, § 11-702; Ord. No. 76-090, 8-17-1976)

The board having jurisdiction over the variation requested shall select a reasonable time and place for the hearing, all within the limitations imposed by this division. Public notice of such hearing shall be published at least once, not less than 15 days nor more than 30 days before such hearing, in a newspaper published within the village. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, the legal description of the property involved and a brief description of the relief sought. Either board may give such additional notice as it may, from time to time, by rule provide. Any party of interest may appear and be heard at the hearing in person, by agent, or by attorney.

(Code 1973, ch. 29, § 11-703; Ord. No. 76-090, 8-17-1976)

(a)

Variations from the regulations of this division to permit the completion of residential developments commenced under the terms and conditions of an annexation agreement which has since expired and which could not be completed as so far constructed under this division by virtue of amendments to then-applicable provisions during the life of the annexation agreement may be granted only by the board of trustees after due notice and hearing as set forth in section 54-1000 and then only in accordance with the standards set out in section 54-1002(a), to vary the applicable requirements of this division so that those previous requirements which were applicable when the subject property was annexed to the village and which were made a condition of the annexation are applicable to the subject property for such time period as is necessary, as determined by the board, to complete the residential development.

(b)

Variations from the regulations of this chapter shall be granted by the board of appeals, but only in accordance with the standards set out in section 54-1002(b), and may be granted only in the following instances, and in no others:

(1)

To vary the applicable lot area, lot width, and lot depth requirements, subject to the following limitations:

a.

The minimum lot width and lot depth requirements shall not be reduced more than 25 percent;

b.

The minimum lot area for a single-family or two-family dwelling shall not be reduced more than 20 percent;

c.

The minimum lot area per dwelling unit requirement for multiple-family dwellings shall not be reduced so as to permit more than one dwelling unit in addition to the number that would be permitted by strict application of the minimum lot area requirements.

(2)

To vary the applicable bulk regulations, including maximum height, lot coverage, and floor area ratio and minimum yard requirements.

(3)

To vary the applicable off-street parking and off-street loading requirements contained in article VII of this chapter.

(4)

To vary the regulations relating to restoration of damaged or destroyed nonconforming structures contained in section 54-840.

(5)

To vary the maximum sign area, maximum sign height and sign setback requirements.

(Code 1973, ch. 29, § 11-704; Ord. No. 76-090, 8-17-1976; Ord. No. 90-065, 5-8-1990)

(a)

The board of trustees shall not vary the regulations of this chapter under section 54-1001(a) unless it shall make findings of fact based upon the evidence presented that:

(1)

The subject property was subject to an annexation agreement which has since expired;

(2)

The applicant had during the term of the annexation agreement:

a.

Commenced construction of a residential development in accordance with the provisions of the division then applicable to the subject property, and had completed a substantial portion thereof;

b.

Ceased and delayed such construction in whole or in part because of adverse economic conditions generally affecting the construction industry and which made the completion of the development within the time limits set forth in the expired annexation agreement financially burdensome.

(3)

If completed, the residential development so commenced and so delayed would be:

a.

Substantially identical to that which had originally been commenced under the terms and conditions of the expired annexation agreement;

b.

An asset to the neighborhood and the village as a whole.

(4)

If not completed, or if completed under the terms and conditions of this division, the residential development commenced and delayed as would:

a.

Fail to harmonize with that portion already complete by reason of yards, open space, structural appearance and site plan;

b.

Generally detract from the character of the neighborhood and the village;

(5)

If granted, the variation sought would permit no more than what the applicant could construct under the terms and conditions of the expired annexation agreement relating to zoning.

(6)

The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood.

(7)

The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, or endanger the public safety.

(8)

The proposed variation will not alter the essential character of the locality.

(9)

The proposed variation is in harmony with the spirit and intent of this division.

(b)

The zoning board of appeals shall not vary the regulations of this division unless it shall make findings of fact based upon the evidence as presented that:

(1)

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the district in which it is located.

(2)

The proposed variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations were carried out and which is not generally applicable to property within the same district.

(3)

The alleged hardship has not been directly created by any person presently having a proprietary interest in the premises.

(4)

The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood.

(5)

The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, or endanger the public safety.

(6)

The proposed variation will not alter the essential character of the locality.

(7)

The proposed variation is in harmony with the spirit and intent of this division.

(c)

The boards may impose such conditions and restrictions upon the location, construction, design and use of the property benefited by a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values.

(Code 1973, ch. 29, § 11-705; Ord. No. 76-090, 8-17-1976)

The concurring vote of four members of the board of trustees or the zoning board of appeals, as the case may be, shall be necessary to grant a variation. A variation shall be granted by means of a conclusion or statement of relief granted, supported by findings of fact, which statement and findings shall be transmitted to the applicant not less than 35 days from the date of the decision thereon. In deciding requests for variations, the board shall be governed by the limitations on time imposed by section 54-1001; provided, however, that the boards upon their own motion, or the applicant upon his own motion, may each extend the period of time provided for in the section 54-1001(a) for a period not to exceed 30 days per extension.

(1)

The findings of fact shall specify the reason or reasons for making the variation, and shall refer to any exhibits containing plans and specifications for the proposed variation which have been made a part of the application or which were introduced at the public hearing as evidence. Such exhibits shall remain part of the permanent record of the board of appeals.

(2)

The terms of relief granted shall be specifically set forth in conclusions or statements separate from the findings of fact.

(Code 1973, ch. 29, § 11-706; Ord. No. 76-090, 8-17-1976; Ord. No. 80-057, 10-7-1980)

(a)

No decision granting a variation shall be valid for a period longer than 12 months from the date of such decision unless:

(1)

An application for a zoning certificate is obtained within such period and construction, reconstruction, moving and remodeling is started; or

(2)

An occupancy certificate is obtained and a use is commenced.

(b)

The boards may grant additional extensions of time not exceeding 180 days each, upon written application made within the initial 12-month period without further notice or hearing, but the right to so extend the time shall not include the right to grant additional relief by expanding the scope of the variation.

(c)

Provided, however, that nothing in this section shall limit or affect the validity of a variation granted under the terms of this division if the relief sought and obtained herein does not require the issuance of a zoning or occupancy certificate or the commencement of use, construction, reconstruction, moving or remodeling.

(Code 1973, ch. 29, § 11-707; Ord. No. 76-090, 8-17-1976)

(a)

The planning and zoning administrator may provide administrative relief for noncompliance with the requirements of the division upon written application by the property owner. The planning and zoning administrator must certify that the property will comply with the division if the following criteria are met:

(1)

The noncompliance is existing at the time of application;

(2)

The noncompliance is minor, being:

a.

A lineal dimension of 12 inches or less; or

b.

An areal dimension of two percent or less;

(3)

The noncompliance was neither intentional nor grossly negligent;

(4)

The requested relief will conform to the intent of this chapter;

(5)

The requested relief will neither be detrimental to the public welfare nor harmful to other properties or improvements;

(6)

The requested relief will not confer upon the property owner any special privilege not available to others in the same or substantially similar circumstances; and

(7)

The noncompliance cannot be corrected without significant or substantial hardship disproportionate to the value of the affected improvement.

(b)

The planning and zoning administrator may confer with any department or agency which might be affected by allowing the noncompliance.

(c)

The planning and zoning administrator shall notify all persons who would be notified for a variance request for the affected property, seeking input on the propriety of accepting the noncompliance. If any written communication opposing the requested relief is received by the village within seven days of the notice, the matter shall be referred to the zoning board of appeals and treated as an application for a variance. The planning and zoning administrator shall so notify the applicant.

(d)

If the planning and zoning administrator finds that the application fulfills the criteria listed in this section and is not subject to objection by the consulted departments, agencies, or notified parties, the planning and zoning administrator shall issue a certificate of substantial compliance which grants relief with specificity.

(e)

Any person seeking administrative relief shall complete the application form and pay the application fees applicable to a variance request.

(Code 1973, ch. 29, § 11-708; Ord. No. 76-090, 8-17-1976; Ord. No. 13-041, 6-11-2013)

The regulations imposed and the districts created by this division may be amended by ordinance from time to time in the manner provided by this division and the applicable state statutes.

(Code 1973, ch. 29, § 11-801)

Amendments may be proposed in writing by the mayor and board of trustees, by the zoning board of appeals, by the plan commission, by any person having proprietary interest in property in the village, or by any interested citizen of the village.

(Code 1973, ch. 29, § 11-802)

An application for an amendment shall be filed with the zoning administrator. The application shall be filed in such form and contain such information as the plan commission may prescribe from time to time. The plan commission shall conduct a public hearing and shall review the proposed amendment. The plan commission shall submit a recommendation to the village board within 90 days of the date of the receipt of the application by the zoning administrator.

(Code 1973, ch. 29, § 11-803; Ord. No. 88-049, 7-26-1988)

(a)

Publication of notice. The plan commission shall publish notice of the hearing on each proposed amendment at least once, not less than 15 days nor more than 30 days before such hearing, in a newspaper published within the village, or if no newspaper is published within the village, then in a newspaper of general circulation within the village.

(b)

Posting of notice.

(1)

The applicant for an amendment or approval of a special use or planned development, shall publish notice of the public hearing on the proposed amendment by erecting at least one, but no more than four signs to be furnished by the applicant at his own cost on the land which is the subject of the application.

(2)

The applicant shall erect the sign or signs required by this section at least 15, but not more than 30 days prior to such public hearing and shall remove the signs within one week after the public hearing date specified on the signs. In no event shall the signs be removed prior to or on the date for the public hearing specified on the signs unless the application is withdrawn.

(3)

The applicant shall submit a refundable deposit, as provided in the village fee schedule, with the application which shall be forfeited if the applicant fails to maintain or remove the signs required by this section. The zoning administrator shall refund the deposit required by this section upon receipt of a written statement by the applicant that he has properly maintained and timely removed the signs.

(4)

Upon submission of an application the zoning administrator shall designate the place on the land where the signs are to be erected, taking into consideration the location of land, the location of public streets, roads, rights-of-way and other means of access to the land, the placement of nearby buildings and the topography of the land.

(5)

The face of the sign required by this section shall be at least 48 inches in height and 96 inches in length and shall read as follows:

PUBLIC NOTICE

Case no. ___

This land is being considered for (rezoning to _____, or approval of a special use, or planned development for _____, or to permit _____. A public hearing will be held on the ___ day of ________, 20___ at 8:00 p.m. in the Bolingbrook Village Hall, 375 West Briarcliff Road, Bolingbrook, IL. For information call the village zoning administrator at 226-8480.

Plan Commission

Village of Bolingbrook, Illinois

The sign shall have a white background with three-inch-high black letters, except that the words "PUBLIC NOTICE" shall be in five-inch high red capital letters.

(6)

No hearing shall be held on an application unless the applicant complies with the requirements of this section.

(Code 1973, ch. 29, § 11-804; Ord. No. 74-091, 8-20-1974; Ord. No. 74-101, 8-20-1974; Ord. No. 00-084, 5-23-2000)

Following a public hearing held before the plan commission, the plan commission shall transmit to the board of trustees a report thereon containing its findings of fact and recommendations for action to be taken by the board of trustees.

(Code 1973, ch. 29, § 11-805)

After receiving the recommendations and report of the plan commission, the board of trustees shall, within 35 days, review the recommendation and report and may pass the proposed amendment with or without change, may reject it, or may recommit it to the plan commission for further consideration. If a written protest against any proposed amendment, signed and acknowledged by the owners of 20 percent of the property proposed to be altered, or by the owners of 20 percent of the property immediately adjoining the property proposed to be altered or across an alley or street therefrom, is filed with the village clerk, such amendments shall not be passed except upon the favorable vote of two-thirds of the members of the board of trustees.

(Code 1973, ch. 29, § 11-806)

Any appeal from a decision of the zoning administrator filed by, or on behalf of, any person, firm or corporation aggrieved by such decision shall be accompanied by a fee in the amount of $500.00. In addition, if a public hearing is held, the applicant shall reimburse the village for the publication costs of a legal notice announcing the public hearing.

(Code 1973, § 8-1901; Ord. No. 90-65, 5-8-1990; Ord. No. 91-063, 6-11-1991; Ord. No. 93-049, 4-27-1993)

Applications for variations must be accompanied by a fee in the amount provided in the village fee schedule. In addition to that fee, and as a condition of holding any required public hearing, the applicant shall reimburse the village for the publication costs of a legal notice announcing the public hearing on the requested variation. There shall be no fee, however, for an application for variation filed by the village or any taxing body serving the residents of the village.

(Code 1973, § 8-1902; Ord. No. 90-65, 5-8-1990; Ord. No. 91-063, 6-11-1991; Ord. No. 93-049, 4-27-1993; Ord. No. 03-045, 4-22-2003)

(a)

Any application for a text amendment of the chapter or development code of the village shall be accompanied by a fee in the amount as provided in the village fee schedule. In addition, as a condition of holding a public hearing, the applicant shall reimburse the village for the publication costs of a legal notice announcing the public hearing.

(b)

Any application for a map amendment of the chapter filed by, or on behalf of, any person having an interest in property over which the village exercises, or by means of annexation shall exercise, zoning jurisdiction, or by any other person, shall be accompanied by a fee as provided in the village fee schedule. In addition, as a condition of holding a public hearing, the applicant shall reimburse the village for the publication costs of a legal notice announcing the public hearing.

(c)

There shall be no fee, however, in the case of an application for an amendment filed by the village or by any taxing body serving the residents of the village.

(Code 1973, § 8-1903; Ord. No. 90-65, 5-8-1990; Ord. No. 91-063, 6-11-1991; Ord. No. 93-049, 4-27-1993; Ord. No. 03-045, 4-22-2003)

(a)

Any application for a special use permit filed by, or on behalf of any person, firm or corporation having a proprietary interest in property over which the village exercises, or by means of annexation, shall exercise, zoning jurisdiction shall be accompanied by a fee as provided in the village fee schedule. The fee shall cover four reviews of such application and subsequent amendments thereof. The fee for each additional review over four reviews shall be as provided in the village fee schedule. In addition, as a condition of holding a public hearing, the applicant shall reimburse the village for the publication costs of a legal notice announcing the public hearing.

(b)

If the applicant is seeking a special use permit in order to construct a planned residential development, the application shall be accompanied by a fee as provided in the village fee schedule. The fee shall cover four reviews of such application and subsequent amendments thereof. The fee for each additional review over four reviews shall be as provided in the village fee schedule. In addition, as a condition of holding a public hearing, the applicant shall reimburse the village for the publication costs of a legal notice announcing the public hearing.

(c)

If the applicant is seeking a special use permit in order to construct a planned commercial or industrial development, the application shall be accompanied by a fee as provided in the village fee schedule. The fee shall cover four reviews of each such plat or plan. The fee for each additional review over four reviews shall be as provided in the village fee schedule, which fee for additional reviews shall not be credited to the construction fee as set forth in subsection (d) of this section.

(d)

If the applicant is seeking a special use permit in order to construct a planned mixed use development, the application shall be accompanied by a fee as provided in the village fee schedule. The fee shall cover four reviews of such application and subsequent amendments thereof. The fee for each additional review over four reviews shall be as provided in the village fee schedule. In addition, as a condition of holding a public hearing, the applicant shall reimburse the village for the publication costs of a legal notice announcing the public hearing.

(e)

There shall be no fee, however, in the case of an application for an amendment filed by the village or by any taxing body serving the residents of the village.

(Code 1973, § 8-1904; Ord. No. 90-65, 5-8-1990; Ord. No. 91-063, 6-11-1991; Ord. No. 03-045, 4-22-2003)

The fees for review of each plat or plan and all accompanying data, and for inspection of improvements during construction by village personnel shall be calculated as follows:

(1)

Upon filing an application for approval of a concept plan, applicant shall pay the fees as provided in the village fee schedule for the cost of services rendered by the village staff in reviewing and processing such concept plan. The fee shall cover four reviews of such application and subsequent amendments thereof. The fee for each additional review over four reviews shall be as provided in the village fee schedule.

(2)

Upon filing an application for approval of a preliminary plat or plan, applicant shall pay a fee as provided in the village fee schedule for the cost of services rendered by the village staff in reviewing and processing each of the following: a preliminary subdivision plat, a final subdivision plat, a preliminary development plan, or a final development plan. The fee shall cover four reviews of each such plat or plan. The fee for each additional review over four reviews shall be as provided in the village fee schedule, which fee for additional reviews shall not be credited to the construction fee as set forth in subsection (3) of this section.

(3)

Before commencement of construction, applicant shall execute a standard form agreement requiring applicant to pay either:

a.

A fee equal to 6½ percent of the cost of construction, estimated as provided in subsection 30-102; or

b.

The fees required by subsection (2) of this section, whichever is greater.

If the applicant is required to pay the 6½ percent fee for a particular development project, then the applicant shall be entitled to a credit against the 6½ percent fee for all amounts previously paid under subsection (2) of this section for that development project, except for additional review fees as hereinbefore provided.

(4)

Any additional services which are warranted but which are not listed in subsection (2) of this section shall be invoiced to the applicant/developer based on the actual village staff time spent on additional services.

(Code 1973, § 8-1905; Ord. No. 90-65, 5-8-1990; Ord. No. 91-063, 6-11-1991; Ord. No. 01-072, 4-24-2001; Ord. No. 03-045, 4-22-2003)

Any request for a zoning verification letter filed by or on behalf of any person, firm or corporation, which verified the regulations governing the use of land and the use, bulk regulations (setbacks, height, density and coverage), off-street parking, damage or destruction, and authorized variance or modification therefrom, shall be accompanied by a fee as provided in the village fee schedule.

(Code 1973, § 8-1906; Ord. No. 90-65, 5-8-1990; Ord. No. 91-063, 6-11-1991; Ord. No. 04-052, 5-3-2004)

All fees payable pursuant to this article shall be paid at the time of filing a cashier's check payable to the village treasurer of the village. All such fees collected shall be credited to the general corporate fund of the village.

(Code 1973, § 8-1907; Ord. No. 90-65, 5-8-1990; Ord. No. 91-063, 6-11-1991; Ord. No. 93-049, 4-27-1993)