The zoning administrator, or other officials that have been or shall be duly appointed by the village board of trustees, shall enforce this title, and in addition thereto, and in furtherance of their authority shall:

   A.   Issue all certificates of occupancy and make and maintain records thereof.

   B.   Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this title.

   C.   Maintain permanent and current records of this title, including, but not limited to, all maps, amendments, special uses, variations, appeals and applications therefor.

   D.   Receive, file and forward to the zoning administrator a copy of all applications for special uses or petitions for amendments to this title.

   E.   Receive, file and forward to the planning and zoning board 1 copies of all applications for appeals, variations and other matters on which the planning and zoning board is required to review under this title.

   F.   Provide such clerical and technical assistance as may be required by the plan commission/planning and zoning board in the exercise of its duties.

   G.   Prepare, and coordinate with a local newspaper to publish, notice of public hearings scheduled for the plan commission/planning and zoning board. (Ord. 2001-08A, 4-2-2001)

   A.   Certificates Required:

      1.   No land shall be occupied or used and no building or structure hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building commissioner and, except for dwellings, posted on the premises stating that the intended use of land and building complies with all the building and zoning ordinances of the village and with the provisions of these regulations.

      2.   A new certificate of occupancy is required if the occupancy, ownership or use of any building, structure or land is changed, or if alterations are made to any building, structure or land or part thereof. A new certificate voids any certificate of prior date. The requirement of a new certificate of occupancy for all transfers of ownership of real estate in the village shall be reflected on all real estate title insurance reports conducted precedent to the transfer of ownership to give public notice of said mandatory certification.

   B.   Application And Issuance Of Certificate:

      1.   Change Of Occupancy, Ownership Or Use: Written application shall be made for a certificate of occupancy by the owner or duly authorized agent for the owner of any building, structure or land, prior to any change of occupancy, ownership or use. Written application shall also be made for a certificate of occupancy by the new occupant of a commercial or industrial building or structure prior to occupancy. Said certificate shall be issued within ten (10) days after written application therefor; provided, the building or structure shall be entitled thereto, or the building commissioner shall state in writing the reasons for his refusal to issue said certificate.

If a business license is required, the certificate of occupancy shall be issued in conjunction with the business license.

      2.   New Buildings And Alterations: Written application shall be made for a certificate of occupancy coincidental to the application for a building permit. A certificate of occupancy shall be issued within ten (10) days after the erection or alteration of such building has been completed provided, the building or alteration shall be entitled thereto, or the building commissioner shall state in writing the reasons for his refusal to issue said certificate.

      3.   Inspections: Before any certificate of occupancy shall be issued, the building commissioner shall order a thorough inspection by all applicable inspectors and inspection branches of the building department, and no certificate of occupancy shall be issued unless the building or structure shall comply with all provisions of this title and amendments thereto and the building commissioner shall have signed approval from all applicable inspectors and inspection branches.

      4.   Temporary Certificate Of Occupancy: A temporary certificate of occupancy may be issued by the building commissioner provided that:

         a.   External Conditions: The applicant for such a temporary certificate demonstrates that the construction which remains to be completed relates solely to the external conditions of the development, such as landscaping, and is not directly related to the safety of the premises; and

         b.   Completion Impractical At Time Of Request: The applicant demonstrates that such completion is impractical at the time the temporary certificate is sought due to weather or other conditions acceptable to the building commissioner; and/or is not directly related to the safety of the premises; and

         c.   Letter Of Credit: The applicant secures the completion of the construction with a letter of credit, in a form acceptable to the village president and village attorney, and in an amount sufficient to complete the construction as determined by the building commissioner.

         d.   Records: A record of all certificates shall be kept on file in the office of the building commissioner and copies shall be furnished on request to any person having proprietary or tenancy interest in the building affected.

      5.   Payment Of Village Debts Required: No certificate of occupancy shall be issued until all outstanding debts or obligations due the village from the property in question have been paid in full.

   C.   Change Of Occupancy:

      1.   Notice Posted: Upon determination that any building or structure or part thereof has been vacated, the building commissioner shall post or cause to be posted in a conspicuous place near each entrance to the building or structure, a notice substantially in words and figures as follows:

   VILLAGE OF BROADVIEW, ILLINOIS

                                             

      2.   Unlawful To Remove: It shall be unlawful for any person to remove, cover or obliterate any notice or notices lawfully posted by the building commissioner or any other authorized official, as herein specified.

      3.   Change Of Occupancy: Whenever any building or structure, or part thereof shall have been posted with a notice as herein specified, it shall be unlawful for any person or persons to occupy, use or change such building for any purpose without authorization from the building commissioner.

      4.   Penalty: Any person violating or refusing to obey any order issued under this section or destroying, mutilating or concealing any notice posted by or under the authority of the building commissioner shall be punished as provided in title 1, chapter 13 of this code.

   D.   Continuation Of Existing Occupancy Or Use: Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building or land for which a certificate of occupancy has been issued except upon change of ownership or as may be necessary for the safety of life or property. (Ord. 2008-22, 7-21-2008)

The "variation" process is intended to provide limited relief from the requirements of this title in those cases where strict application of those requirements will create a practical difficulty or particular hardship prohibiting the use of land in a manner otherwise allowed under this title. It is not intended that variations be granted merely to remove inconveniences or financial burdens that the requirements of this title may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this title render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variation is requested. In no event, however, shall the village grant a variation which would allow the establishment of a use which is not otherwise allowed in a zoning district or which would change the zoning district classification of any or all of the affected property. (Ord. 2004-14, 6-21-2004)

   A.   Application For Variation, Notice Of Hearing: An application for a variation may be made by the owner of the subject property relating to the variation or legal representative thereof. Said application shall be filed with the zoning administrator who shall process and forward such application to the planning and zoning board for consideration in accordance with applicable statutes of the state.

No variations shall be recommended by the planning and zoning board except after a public hearing before said board, of which there shall be a notice of time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the village. This notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists.

In addition, not less than fifteen (15) days, nor more than thirty (30) days before the public hearing, the applicant shall serve written notice, either in person or by registered mail, return receipt requested, on the owners of all property, as recorded in the office of the Cook County recorder of deeds and as appears from the authentic tax records within two hundred fifty feet (250') in each direction of the location for which the variation is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. The applicant shall furnish, at the public hearing, a written statement certifying that he has complied with the requirements of this subsection. Attached to the written statement shall be a list of property owners notified in accordance with the above.

The planning and zoning board shall review the facts of the case and testimony presented at the hearing and upon completion of the review, shall thereafter submit a report of its findings and recommendations to the village board of trustees within thirty (30) days of the completed public hearing. (Ord. 2007-10, 4-16-2007)

   B.   Decisions By Planning And Zoning Board: All decisions of the planning and zoning board on variations arrived at after the hearing shall require a majority vote of all members and such decisions shall be final. However, an appeal may be taken to the village board by any person or by any office, department, board, bureau or commission aggrieved by the planning and zoning board's decision on a variation request. Such an appeal shall be filed with the village clerk who shall forward such appeal to the village board for final action.

   C.   Standards For Granting Variances:

      1.   The planning and zoning board shall not vary the provisions of this title as authorized in this chapter unless it shall have made findings based upon the evidence presented to it in the following specific cases:

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

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

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

      2.   For the purpose of supplementing the above standards, the planning and zoning board, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

         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 strict letter of the regulation were to be carried out.

         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.

         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.

      3.   The planning and zoning board may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this subsection C 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.

   D.   Authorized Variances: Variations from the regulations of this title may be decided by the planning and zoning board only in accordance with the standards set forth in this subsection and only in the following instances:

      1.   To permit a yard less than the yard required by the applicable regulations.

      2.   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, but in no event shall the area of the lot be less than ninety percent (90%) of the required lot area.

      3.   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.

      4.   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.

      5.   To allow any permitted, nonresidential use in a residence district to exceed the floor area ratio imposed by the applicable regulation.

      6.   To allow other variances from these regulations when the planning and zoning board determines it is in the best interests of the village and the factors of this section are met.

   E.   Revocation: In any case where a variation has been granted, and where no work pertinent thereto has been initiated within one year from the date of approval of the requested variation, then without further action by the village, said variation shall become null and void. (Ord. 2004-14, 6-21-2004)

   A.   Authority: Conditional uses shall be authorized or denied by the zoning administrator in accordance with the regulations and conditions set forth in this section for conditional uses.

   B.   Standards For Granting Conditional Uses: No conditional use shall be authorized by the zoning administrator unless it meets the standards set forth in section 10-4-6 of this title.

   C.   Remedies For Denial Of Conditional Uses: Upon denial of a conditional use permit by the zoning administrator, an application for a special use may be made in accordance with section 10-7-4 of this chapter.

   D.   Time Limit Of Conditional Use Permits: A conditional use will expire if the applicant fails to obtain a building permit or certificate of occupancy within six (6) months from the date of the granting of the conditional use, unless otherwise specified by the zoning administrator.

   E.   Transferability And Revocation: All conditional use permits shall be approved for a specific location, and may be transferred to a successor property owner. However, a conditional use permit may not be transferred to any other location.

The zoning administrator shall have the authority to revoke said permit if the zoning administrator determines that:

      1.   All activities permitted pursuant to an approved conditional use permit have ceased for a period of one year or more; or

      2.   There is any change in the use for which the conditional use permit was granted; or

      3.   A second conditional use permit is granted for the same property. (Ord. 2005-19, 8-1-2005)

   A.   Purpose: The development and execution of this title are based upon the division of the village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon the neighboring lands and upon public need for the particular use or the particular location. Such special uses fall into two (2) categories: 1) uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest; 2) uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

   B.   Authority: Special uses shall be authorized or denied by the village board of trustees in accordance with the statutes of the state applicable to amendments of this title, and the regulations and conditions set forth in this title for special uses. (Ord. 2004-14, 6-21-2004)

   C.   Application For Special Use: An application for a special use may be made by the owner of the subject property relating to the special use or legal representative thereof. Said application, in such form and accompanied by ten (10) sets of proposed preliminary development plans and such other information as shall be established from time to time by the planning and zoning board, shall be filed with the zoning administrator and thereafter processed in the manner prescribed herein for processing applications for amendments.

No special use shall be recommended by the planning and zoning board except after a public hearing before said board, of which there shall be a notice of time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the village. This notice shall contain the particular location for which the special use is requested as well as a brief statement of what the proposed special use consists.

Not less than fifteen (15) days prior to the date of the public hearing, the applicant shall post a readable sign(s) on the property(ies) which is/are the subject of the application in a location visible from the public roadway. Sign(s) must be removed no later than ten (10) days after a recommendation is made by the planning and zoning board. The sign(s) may be placed in a window if the principal building is located within fifteen feet (15') of the front property line.

The sign(s) shall be constructed of weatherproof material and contain the action requested, date, time and place where the meeting shall be held, a statement that further information can be obtained from the petitioner and the building department, and the phone number of the village of Broadview and the petitioner. The words "NOTICE OF PUBLIC HEARING" must appear at the top of the sign(s) in letters no smaller than 1.5 inches. The date and time of the meeting shall also be 1.5 inches. All cost associated with hearing sign(s) is borne by the applicant.

In addition, not less than fifteen (15) days, nor more than thirty (30) days before the public hearing, the applicant shall serve written notice, either in person or by registered mail, return receipt requested, on the owners of all property, as recorded in the office of the Cook County recorder of deeds and as appears from the authentic tax records, within two hundred fifty feet (250') in each direction of the location for which the special use is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. The applicant shall furnish, at the public hearing, a written statement certifying that he has complied with the requirements of this subsection. Attached to the written statement shall be a list of property owners notified in accordance with the above.

The planning and zoning board shall review the facts of the case and testimony presented at the hearing and upon completion of the review, shall thereafter submit a report of its findings and recommendations to the village board of trustees within thirty (30) days of the completed public hearing. (Ord. 2007-10, 4-16-2007)

   D.   Standards For Granting Special Uses: No special use shall be authorized by the village board of trustees unless the special use:

      1.   Is deemed necessary for the public convenience at that location.

      2.   Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.

      3.   Would not cause substantial injury to the value of other property in the neighborhood in which it is located.

   E.   Special Conditions: The planning and zoning board may recommend, and the village board of trustees may require, such conditions and restrictions upon the construction, location and operation of a special use as may be deemed necessary to promote the general objectives of this title and to minimize the injury to the value of property in the neighborhood. (Ord. 2004-14, 6-21-2004)

   F.   Planned Developments: Planned developments are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby set out to govern the recommendations of the planning commission/planning and zoning board and the action of the village board of trustees.

In the case of business, manufacturing or residential planned developments, the planning commission/planning and zoning board may recommend, and the village board of trustees may authorize, that there be in part of the area of such development and for the duration of such development, specified uses not determined or permitted by the use regulations of the district in which the development is located, provided that the planning and zoning board shall find:

      1.   The uses permitted by such exception are necessary and desirable and are appropriate with respect to the primary purpose of the development.

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

      3.   Not more than twenty percent (20%) of the ground area or of the floor area of such development would be devoted to the uses permitted by the exceptions.

   G.   Decisions: The village board of trustees, upon report of the planning and zoning board/planning commission and without further hearing, may authorize or deny an application for a special use in accordance with the statutes of the state applicable to approval of amendments, or may refer it back to the planning and zoning board/planning commission for further consideration. (Ord. 2001-08A, 4-2-2001)

   A.   Authority: The planning and zoning board shall hear and decide appeals from an administrative order, requirement, decision or determination made by the building commissioner or other authorized officials of the village, relating to regulations of this title.

   B.   Applicability Of Appeals: An appeal may be taken to the planning and zoning board by any person or by any office, department, board, bureau or commission aggrieved by an administrative order, requirement, decision or determination under this title by the building commissioner or other authorized official.

   C.   Initiation Of Appeal: An appeal shall be filed with the village clerk who shall forward such appeal to the planning and zoning board for processing in accordance with applicable statutes of the state.

   D.   Decisions: All decisions, after hearing before the planning and zoning board on appeals from an administrative order, requirement, decision or determination of the building commissioner or other authorized official of the village, relating to this title, shall, in all instances, be final administrative determination and shall be subject to judicial review only in accordance with applicable statutes of the state. (Ord. 2001-08A, 4-2-2001)

   A.   Authority: The regulations imposed and the districts created under the authority of this title may be amended from time to time in accordance with applicable statutes of the state. An amendment shall be granted or denied by the village board of trustees only after a public hearing before the planning and zoning board and a report of its findings and recommendations has been submitted to the village board of trustees.

   B.   Initiation Of Amendment: Amendments may be proposed by the village board of trustees, by the planning and zoning board, or by the owner of the subject property relating to the amendment or legal representative thereof. (Ord. 2006-07, 4-3-2006)

   C.   Procedure: An application for an amendment shall be filed with the zoning administrator and thereafter introduced to the village board of trustees. The zoning administrator shall schedule a public hearing and forward copies of the application to the planning and zoning board. No amendment shall be recommended by the planning and zoning board except after a public hearing before said board, of which there shall be a notice of time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the village. This notice shall contain the particular location for which the amendment is requested as well as a brief statement of what the proposed amendment consists.

Not less than fifteen (15) days prior to the date of the public hearing, the applicant shall post a readable sign(s) on the property(ies) which is/are the subject of the application in a location visible from the public roadway. Sign(s) must be removed no later than ten (10) days after a recommendation is made by the planning and zoning board. The sign(s) may be placed in a window if the principal building is located within fifteen feet (15') of the front property line.

The sign(s) shall be constructed of weatherproof material and contain the action requested, date, time and place where the meeting shall be held, a statement that further information can be obtained from the petitioner and the building department, and the phone number of the village of Broadview and the petitioner. The words "NOTICE OF PUBLIC HEARING" must appear at the top of the sign(s) in letters no smaller than 1.5 inches. The date and time of the meeting shall also be 1.5 inches. All cost associated with hearing sign(s) is borne by the applicant.

If the applicant is not the owner of the property which is the subject of the application, the applicant must provide personal notice of the public hearing to the property owner via certified mail sent to the property address which is the subject of the application, and also to the taxpayer of record if the tax roll records reflect a different address.

In addition, not less than fifteen (15) days, nor more than thirty (30) days before the public hearing, the applicant shall serve written notice, either in person or by registered mail, return receipt requested, on the owners of all property, as recorded in the office of the Cook County recorder of deeds and as appears from the authentic tax records, within two hundred fifty feet (250') in each direction of the location for which the amendment is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. The applicant shall furnish, at the public hearing, a written statement certifying that he has complied with the requirements of this subsection. Attached to the written statement shall be a list of property owners notified in accordance with the above.

If the village board of trustees or the planning and zoning board is the applicant, or if the application only requests an amendment to the textual provisions of the zoning ordinance and does not request rezoning of property, the requirements directing the applicant to post a sign(s) for notice of the public hearing and to mail notice to property owners within two hundred fifty feet (250') shall not apply.

The planning and zoning board shall review the facts of the case and testimony presented at the hearing and upon completion of the review, shall thereafter submit a report of its findings and recommendations to the village board of trustees.

The village board of trustees, upon a report of the planning and zoning board and without further public hearing, may grant or deny any proposed amendment in accordance with applicable statutes of the state, or may refer it back to the planning and zoning board for further consideration. (Ord. 2007-10, 4-16-2007)

   A.   The village board shall establish a schedule of fees, charges and expenses for occupancy certificates, appeals, applications for variations, zoning amendments, planned developments, special uses, site plan review, signs and other administrative matters pertaining to this zoning ordinance.

   B.   The approved schedule of fees shall be filed and posted in the office of the building department, and may be altered or amended by the village board from time to time.

   C.   All consulting fees incurred by the village for variations, amendments, special use permits and site plan review pursuant to the terms of this title, shall be paid by the petitioner or applicant in accordance with section 3-1A-4 of this code.

   D.   No action shall be taken on any appeal, or application for variation, amendment, special use, planned development, or site plan review until all applicable fees, charges and expenses have been paid in full. (Ord. 2004-29, 12-6-2004)

(Rep. by Ord. 2004-29, 12-6-2004)

To provide for the fair and expeditious review of subdivision, variance, and site plan applications, a development review committee is established. The development review committee shall consist of the following members or their representatives:

   A.   The village president;

   B.   The village engineer or consultant;

   C.   The village planner or consultant;

   D.   The building commissioner;

   E.   The director of public works;

   F.   The chief of police or his/her representative;

   G.   The fire department chief or his/her representative;

   H.   The chairman of the plan commission; and

   I.   The zoning administrator.

The development review committee shall meet as needed. At least one week prior to the meeting, the building commissioner shall submit copies of all pending applications to members of the development review committee. The purpose of this committee is to review applications for completeness and compliance with village codes and regulations. The village planner or consultant will be responsible for documenting suggestions made at committee meetings and forwarding comments to the plan commission and the applicant. Applicants of projects requiring review should attend and participate in discussion of their project with the development review committee. (Ord. 2006-10, 5-1-2006)

The zoning ordinance shall be reviewed on a yearly basis and shall be initiated and conducted by the zoning administrator. The purpose of this review will be to update the zoning ordinance to meet any new needs of the village, to update any outdated definitions and terminology, and to maintain consistency with other village ordinances and federal and state laws. (Ord. 2004-14, 6-21-2004)

(Ord. 2001-08A, 4-2-2001)

(Ord. 2006-07, 4-3-2006)