It shall be the duty of the person appointed by the president and board of trustees as building inspector to enforce and administer the regulations contained herein. (Ord. 566-2012, 3-19-2012)

   A.   Permit And Certificate Requirements:

      1.   Permit And Certificate Required: No building shall be constructed or altered without a building permit nor without a certificate of occupancy as required by this section.

      2.   Application For Permit: Application for a building permit shall be made to the building inspector and shall be accompanied by a plat, in duplicate, drawn to scale, showing the name of the applicant, the actual dimensions of the lot to be built upon, the size, shape, and location of the building to be erected, and such other information as may be necessary for the enforcement of this title.

      3.   Issuance Of Permit And Certificate: Building permits and occupancy certificates shall be issued by the building inspector.

      4.   Records Kept: A record of applications and plats shall be kept in the office of the building inspector.

   B.   Additional Requirements:

      1.   Subsequent to the effective date hereof, no change in the use or occupancy of land, or in the use or occupancy of an existing building, other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the building inspector. Such certificate of occupancy shall state that the new occupancy complies with all provisions of this title.

      2.   No permit for excavation for, or the erection or alteration of, any building shall be issued before application has been made and approved for a certificate of occupancy, and no building or premises shall be occupied until such certificate and permit are issued. A record of all certificates of occupancy shall be kept on file in the office of the building inspector.

   C.   Permit Fees: The applicable fees for building permits shall be a minimum of thirty dollars ($30.00), and shall be calculated as follows:

 

 

(Ord. 566-2012, 3-19-2012)

   A.   General Requirements: The president and board of trustees may, from time to time, on its own motion or on petition, amend this title and the districts created herein, in the manner prescribed by the Illinois Compiled Statutes. The board of appeals is hereby designated as a commission to hold hearings on such amendments. No such amendment shall be made until after it has been referred to the board of appeals for a public hearing and a report has been received from said board. (Ord. 566-2012, 3-19-2012; amd. 2012 Code)

   B.   Petition For Amendment: All petitions asking for an amendment of this title or the districts created herein shall be filed with the village clerk and shall specify the exact nature of the amendment requested, the legal description of any real estate owned by the petitioner adjacent to the area proposed to be changed, and the legal description of the district or parts of districts proposed to be changed. Such petition shall recite facts indicating that the proposed amendment will not be detrimental to the general public interest and the purposes of this title and shall further disclose the use which the petitioner proposes for the property owned by him in the area to be changed.

   C.   Fee: A petition asking for an amendment of this title or the districts created herein shall be accompanied by a receipt from the village treasurer showing the payment of a fee of three hundred dollars ($300.00) which is hereby established as the required fee for each petition asking for such amendment. (Ord. 566-2012, 3-19-2012)

   A.   Fine: 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 fined as provided in section 1-4-1 of this code for each offense. A separate offense shall be deemed committed on each day a violation occurs or continues.

   B.   Additional Remedies: In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the village, in addition to other remedies, may institute any proper action or proceedings in the name of the village to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of the said building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises. (Ord. 566-2012, 3-19-2012)

A board of appeals is hereby established. The word "board", when used in this article, shall be construed to mean the board of appeals. The board shall consist of seven (7) members who shall be appointed by the president, upon approval by the board of trustees. The term of office of the initial members of the board shall be as follows: one for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years and one for seven (7) years. Thereafter, successors to each member so appointed shall serve for a term of five (5) years. (Ord. 566-2012, 3-19-2012)

   A.   Meetings of the board shall be held at the call of the chair and at such other times as the board may determine.

   B.   The chair, or in his absence, the acting chair, may administer oaths and compel the attendance of witnesses.

   C.   All meetings of the board shall be open to the public.

   D.   The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and official actions.

   E.   The board may adopt such rules of procedure as are not in conflict with this title or the laws of the state of Illinois. (Ord. 566-2012, 3-19-2012)

The board shall have the power and shall be charged with the duty to hear and decide:

   A.   An appeal from any order, requirement, decision, or determination made by the building inspector under this title, as set forth in section 11-3A-4 of this article.

   B.   Requests for variations in the application of the regulations imposed by this title, as set forth in section 11-3A-5 of this article. (Ord. 566-2012, 3-19-2012)

   A.   Right To Appeal: An appeal may be taken to the board by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the building inspector relative to this title. Such appeal shall be taken within forty five (45) days of the action complained of, by filing with the building inspector and with the board a notice of appeal, specifying the grounds thereof. The building inspector shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. The notice of appeal shall be accompanied by a receipt from the village treasurer showing the payment of an appeal fee of three hundred dollars ($300.00) which is hereby established as the required fee for such appeal taken under the provisions of this subsection.

   B.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board, 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 which case, the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by a court of record on application and on notice to the building inspector, and on due cause shown.

   C.   Hearing: The board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. (Ord. 566-2012, 3-19-2012)

   A.   Authority And Standards: When a property owner shows that a strict application of the terms of this title relating to the use, construction or alteration of buildings or structures, or to the use of land, imposes upon him practical difficulties or particular hardship, then the board may make such variations of the strict application of the terms of this title as are in harmony with its general purpose and intent when the board is satisfied, under the evidence heard before it, that a grant of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation in the following instances:

      1.   To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the effective date hereof.

      2.   To interpret the provisions of this title in such a way as to carry out the intent and purpose of the plan, as shown upon the district map, where the street layout on the ground varies from the street layout as shown on the district map.

      3.   To permit reconstruction on a nonconforming building otherwise prohibited by subsection 11-6-1D of this title.

      4.   To permit a variation in the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood, and which condition, when related to the yard regulations of this title, would prevent a reasonable or sensible arrangement of buildings on the lot.

      5.   To waive or reduce the off street parking requirements where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this title.

   B.   Request For Variation; Fee: A request for variation shall be made in writing and shall be filed with the chair of the board. Each request shall specify the exact nature of the variation requested and shall be accompanied by a receipt from the village treasurer showing the payment of a fee of three hundred dollars ($300.00) which is hereby established as the required fee for each request for variation filed under the provisions of this subsection.

   C.   Hearing: The board shall select a reasonable time and place for the hearing on the request for variation and shall render a decision without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. (Ord. 566-2012, 3-19-2012)

All hearings of the board shall comply with all requirements as to notice, publication and procedure set forth in the applicable provisions of the Illinois Compiled Statutes. (Ord. 566-2012, 3-19-2012)

The decisions of the board with regard to appeals from a decision of the building inspector and the decisions of the board with regard to variations shall only be subject to review pursuant to the provisions of the Illinois administrative review law. (Ord. 566-2012, 3-19-2012)

The Village President and Board of Trustees may, by resolution, grant a special permit for the following special uses in any district, except as herein qualified, for which they are otherwise prohibited by this title, and may impose appropriate conditions, safeguards off street parking requirements, and including a specified period of time for the permit to be exercised to conserve and protect property and property values in the neighborhood:

Airport, landing field or strip for aircraft.

Cemetery or mausoleum.

Commercial greenhouse.

Dwelling designed or used to accommodate more than one family.

Fairgrounds.

Home occupation.

Hospital, clinic or institution.

Manufactured home.

Mobile home park.

Nursery.

Radio or television broadcasting tower or station.

Railroad or public utility structure other than the usual poles, wire and underground utilities.

Recreational vehicle park.

Removal of gravel, topsoil or similar natural material, with safeguards for the protection of adjoining property and the community as a whole.

Riding stable.

Roadside stand, commercial amusement or recreational development for temporary or seasonal periods.

Sanitary fill for the disposal of garbage or trash.

Training facility for fire departments and/or public bodies legally authorized to perform firefighting duties, with safeguard for the protection of adjoining property and the community as a whole. (Ord. 625-2017, 5-9-2017)

   A.   Request For Special Use; Fee: A request for a special use shall be made in writing and filed with the Chair of the Board of Appeals. Each request shall specify the exact nature of the special use requested and shall be accompanied by receipt from the Village Treasurer showing payment of the fee of three hundred dollars ($300.00) which is hereby established as the fee required for each request for special use filed under the provisions of this article. (Ord. 566-2012, 3-19-2012; amd. 2012 Code)

   B.   Review; Hearing; Action: Before authorization of any of the special uses enumerated in section 11-3B-1 of this article, the request therefor shall be referred to the Board of Appeals for study and report concerning the effect of the proposed use on the character and development of the neighborhood, and a public hearing shall be held in relation thereto before the Board of Appeals. Notice of the time, place and purpose of such hearing shall be given in the manner described in section 11-3A-6 of this chapter. If no report is received from the Board of Appeals within sixty (60) days of such referral, the President and Board of Trustees may take action without further awaiting such report. (Ord. 566-2012, 3-19-2012)