(a)

An application may be filed by any person having an interest in the property or by any circumstances giving rise to the need for an interpretation, unless otherwise restricted in this section.

(b)

The village manager or his agent shall review and act upon all applications requesting an interpretation of the zoning ordinance, provided that the application has been properly filed and the person can establish a direct and substantial interest in the matter of requested interpretation.

(c)

It shall be the sole and exclusive responsibility of the planning and zoning commission to meet in public, deliberate upon, and render a binding and final decision upon any appropriate challenge regarding an interpretation made by the village manager or his designated agent. The decision of the planning and zoning commission shall be final and shall be subject to judicial review pursuant to the provisions of the Illinois Administrative Review Law, and all amendments and modifications thereof.

(Code 1964, § 30-11.01(A); Ord. No. 2013-69, § 31, 12-16-2013)

(a)

An application shall be filed by the person seeking the interpretation in accordance with the application section of this chapter. Within 25 working days after the receipt of a properly completed application for interpretation, the village manager or his agent are to act upon the request for interpretation.

(b)

Failure to act within 25 working days by the village manager or his agent will have the same effect as a written denial of the interpretation. If the applicant wishes to appeal the village manager's denial of the interpretation, such action must be undertaken by written request of the interpretation to the village manager for an appearance before the planning and zoning commission within 25 calendar days of the village manager's action.

(c)

If the village manager's interpretation is positive, no action upon the request may be taken by the original applicant until a period of 25 calendar days after the posting of the village manager's decision of such interpretation in a place of public viewing in the village hall, to allow for time for any application challenging such positive interpretation.

(d)

If the applicant is another party having interest in, but seeking a reversal of the village manager to grant the interpretation, that party shall appeal the village manager's interpretation in writing and request appearance before the planning and zoning commission within 25 calendar days of the posting of such interpretation in a place of public view in the village hall.

(e)

Failure to file within the appropriate time limit will have the same effect as acceptance of the decision of the village manager or his agent on the matter of interpretation. Where a planning and zoning commission appearance is requested in writing, such appearance shall be scheduled at the first available date, on a first-filed, first scheduled, space available basis of the planning and zoning commission. Any such request for appearance shall result in the staying of any permit issued and shall stay any rights and privileges granted by such permit.

(Code 1964, § 30-11.01(B); Ord. No. 2013-69, § 32, 12-16-2013)

The following standards shall govern matters of interpretation brought before the village manager, his agent, or the planning and zoning commission:

(1)

No interpretation shall be sought or decision rendered on any matter based solely on hypothetical facts or where such action would result in only an advisory opinion.

(2)

Any definition as specifically stated in 62-2 shall not be open for an interpretative review by the planning and zoning commission.

(3)

No interpretation shall be made concerning adding as a permitted or special use in a zoning district any use which is already authorized as a permitted or special use in another zoning district. This subsection is not intended to preclude any action to cause a change to allow such use addition to be considered under the terms of the amendment process.

(4)

No use not contained within the present listing of uses may be considered for being added to any zoning district, unless evidence shall be presented that demonstrates that it will comply with the intent as well as each use limitation established for the particular zoning district or districts intended for authorization. Further, the proposed use must be substantially similar and compatible to other uses already listed in the zoning district or districts intended for authorization.

(5)

If the proposed use holds greater similarity to special uses in a particular zoning district than to that of permitted uses, if allowed, such use shall be noted as a use requiring the issuance of a special use permit.

(Code 1964, § 30-11.01(C); Ord. No. 2013-69, § 33, 12-16-2013)

No favorable finding shall negate the need for obtaining proper permits and following all appropriate procedures, codes and ordinances of the village. Further, no use finding in the affirmative, whether permitted or authorized by special use permit shall be valid for a period greater than six months, unless a building permit has been obtained and construction conforms to all aspects of the permit including its life.

(Code 1964, § 30-11.01(D))

The planning and zoning commission shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the village manager acting in pursuit to his authority and duties under this chapter, and to that end, the planning and zoning commission shall have the same powers and be subject to the same standards and limitations as the village manager with respect to any order, decision, or determination being appealed. The decision of the planning and zoning commission shall be both binding and final.

(Code 1964, § 30-11.02(A); Ord. No. 2013-69, § 34, 12-16-2013)

(a)

An application shall be filed with the officer with whom the appeal is taken for consideration and appeal by any person aggrieved by an order, decision, determination, or failure to act of the village manager or his agent, provided, such complete application is filed within 45 calendar days of the action complained of by the filing.

(b)

The appeal application shall specify the particular reason as to why the specific order, decision or determination should be reversed or amended or the specific nature of and harm caused by a claim of a failure to act.

(c)

A properly filed appeal stays all proceedings in any furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the planning and zoning commission, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the planning and zoning commission or by a circuit court on application and notice to the officer from whom the appeal is taken, and on due cause shown.

(d)

The planning and zoning commission shall fix a reasonable time for a public hearing of the appeal and have due notice thereof to the parties and decide the appeal within a reasonable time. The hearing and notice provisions contained in this chapter shall be complied with fully.

(e)

The planning and zoning commission may reverse or affirm, wholly or partially, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end has all the powers of the officer, from whom the appeal is taken.

(f)

The decision of the planning and zoning commission in these matters shall be final and shall be subject to judicial review pursuant to the provisions of the Illinois Administrative Review Law, and all amendments and modifications thereof.

(Code 1964, § 30-11.02(B); Ord. No. 2013-69, § 35, 12-16-2013)

(a)

The board of trustees, in accordance with the procedures and standards set forth in this section and by due adoption of the ordinance from which this chapter is derived, shall have the authority to grant variations from the provisions of this chapter, but only in those specific instances and by those standards enumerated within this section. Provided, that the application for variance is made by a person having direct ownership in or having a leasehold interest in and having written approval of the person having ownership in the real property is brought before the planning and zoning commission for a public hearing; proper notice having been made by the applicant in conformity with requirements set forth in this chapter; proper materials having been filed and any and all applicable fees due having been paid; and upon the holding of a public hearing, the making of a determination, and recommendation being made by the planning and zoning commission based upon the facts of the case and in conformity and adherence in regard to the procedures and standards set out in this section.

(b)

The recommendation of the planning and zoning commission shall be rendered in writing for recommending either granting the application for a variance; granting the application with conditions; granting a variation less than or different from that sought in the application; or denying the application.

(Code 1964, § 30-11.03(A); Ord. No. 2013-69, § 36, 12-16-2013)

(a)

An application for variation shall be filed by the person seeking the variation or his duly authorized representative with the zoning enforcement administrator.

(b)

The application along with the proposed hearing notice and any material pertinent to the request for variation shall be presented to the zoning enforcement administrator not less than ten working days prior to the date of intended publication of the legal notice to allow for review of the proper form and accuracy of the legal notice and the completeness of documentation. An application so properly filed will be scheduled for a hearing date before the planning and zoning commission on the first available date, on a first-filed, first-scheduled basis. All applications for variation shall disclose full ownership of the property, including disclosure of those persons having any beneficial interest if the property is held in trust.

(c)

The planning and zoning commission shall fix a reasonable time for a public hearing of the variation request. The hearing and notice provisions contained in this chapter shall be complied with fully.

(d)

The petitioner will also be required to post on the property a sign, to be furnished by the village, which remains the property of the village, which states in general terms that action has been requested potentially affecting some aspect of a change from the zoning ordinance, a public hearing is to be held, and documentation regarding the request is on file and available for public review at the office of the zoning enforcement administrator. The sign and its location are intended to be visible to the general public and serve as an additional notice of a request being made relating to the zoning ordinance. The sign shall be of such size and shall be placed at such a location as is directed by the zoning enforcement administrator. The sign shall be installed by the applicant no more than 30 days nor less than 15 days prior to the date of the scheduled public hearing.

(e)

Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, in proper form and number, it shall be submitted at least ten working days prior to the date of the public hearing.

(f)

At the public hearing, the planning and zoning commission shall receive sworn testimony and evidence pertaining to the request for variance and any objections thereto. All evidence offered shall be made a permanent part of the zoning board of appeal's hearing file on the matter. Within 30 calendar days after the conclusion of the public hearing, the planning and zoning commission shall render its recommendation for consideration by the village board.

(g)

Within 45 calendar days after the receipt of the written recommendation of the planning and zoning commission, or by failure of the planning and zoning commission to render a written report, the village board shall act on the request for variance, unless there is an agreement by the village board and the applicant to extend such period of time.

(h)

In any request for variation where less than four members of the planning and zoning commission shall have recommended the variation, or where the planning and zoning commission recommends a denial, it shall take a positive vote of four members of the board of trustees in order to effect passage of the ordinance granting the variation.

(i)

Any variation granted by the board of trustees shall be made effective in ordinance form, properly adopted in accordance with applicable state laws.

(Code 1964, § 30-11.03(B); Ord. No. 2013-69, § 37, 12-16-2013)

(a)

No variation shall be granted pursuant to this division unless the applicant shall establish that carrying out the strict letter of any regulation requested to be varied will result in practical difficulty or particular hardship in the way of carrying out the strict letter of any regulations and only when the variation granted is in harmony with the general purpose and intent of the provisions of this chapter. Evidence of hardship or difficulty that will support a variance must relate to the land itself and not the owner-applicant.

(b)

The following standards shall be met and proved by the applicant before any positive consideration is to be made in the granting of a variation:

(1)

The hardship alleged as the basis for the variation must be derived from difficulties pertaining to the property itself which prevent full use of the property of the same extent other properties in close proximity within the same zoning district can be used;

(2)

The hardship alleged as the basis for a variation must not be self-created or self-imposed by the applicant or his agent nor by unauthorized and unpermitted acts of any prior owner;

(3)

That there is no other means other then the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the property;

(4)

That the variation sought will not impair an adequate supply of light or air to adjacent property;

(5)

That the variation sought will not unreasonably diminish the values of adjacent property;

(6)

That the variation sought will not unreasonably increase congestion in the public streets or otherwise endanger public safety; and

(7)

That the variation is in harmony with the general purpose and intent of this chapter.

(c)

In the absence of evidence being presented as part of the public hearing process to justify the preceding conditions, the planning and zoning commission shall issue a recommendation for denial to the village board.

(d)

Where evidence is presented to the planning and zoning commission as part of the public hearing process that the preceding conditions have been met, the planning and zoning commission shall, in writing, list their findings of fact and recommend only enough relief from the standards and requirements of this chapter will be allowed to meet the minimum need requested. The board of trustees shall then take appropriate and final action regarding the application for variation.

(e)

The planning and zoning commission shall make a recommendation and may suggest conditions and limitations and the board of trustees may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening and any other matters relating to the purposes and intents of this chapter upon the premises benefited by a variation. Such conditions or limitations shall be made as deemed necessary or appropriate to prevent or minimize adverse effects upon other property and also be expressly set forth in the ordinance granting the variation. Where the ordinance granting the variation contains conditions or stipulations, such ordinance shall be recorded in the county recorder's office as a covenant upon the property at the expense of the applicant prior to the issuance of any permit to perform work so intended for authorization by the ordinance.

(f)

Issuance of an ordinance allowing variation does not preclude the responsibility of the applicant from meeting all other applicable codes and ordinances of the village. The issuance of an ordinance allowing a variation does not infer any changes to the text of this chapter or its map, nor does such action confer any rights for similar properties not having been property petitioned for as a variation.

(g)

A variance shall not be granted where a building or structure was constructed in noncompliance with the building codes of the village in effect at the time of said construction.

(Code 1964, § 30-11.03(C); Ord. No. 2006-68, 8-28-2006; Ord. No. 2013-69, § 38, 12-16-2013)

Subject to an extension of time being granted by the board of trustees, any variation from the provisions of this chapter must be exercised within six months after the effective date of the ordinance granting such variation without any further action by the village. Upon written request prior to the end of the six month life for the variation and the offering by the applicant to the board of trustees, the village board by simple majority vote of board members present at a regular village board meeting may extend the life of the variation by an additional six months. No more than two such extensions shall be granted by the village board. Changes to any codes or ordinances made effective after the original granting of the variation by the village, other than the zoning ordinance. shall be binding upon any construction undertaken after the original six-month period.

(Code 1964, § 30-11.03(D))