The administration of this chapter is vested in three offices or agencies of the village government as follows:

   Zoning Enforcement Officer

   Planning and Zoning Commission

   Village Board of Trustees

(Ord. 95, passed 4-5-71; Am. Ord. 2141, passed 12-18-23)

   (A)   The position of Zoning Enforcement Officer is hereby created in which is vested the power and duty to administer and enforce all the provisions of this section of the Zoning Ordinance and such related regulations as are so assigned by the Corporate Authorities.

   (B)   The Zoning Enforcement Officer shall be the Director of Community Development or their designee.

   (C)   The powers and duties of the Zoning Enforcement Officer are as follows:

      (1)   Conduct inspections of buildings, structures and land to determine compliance with this subchapter and notify in writing the person responsible for any violation found, indicating the nature of the violation and ordering the action necessary to correct it.

      (2)   Order the discontinuance of illegal use of land, building or structures or any illegal work being done; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; and any other action authorized by statute or by this subchapter to ensure compliance with or to prevent violation of its provisions.

      (3)   Prepare and cause to be published, on or before March 31 of each year, a map showing the existing zoning district classifications in effect on the preceding December 31.

      (4)   Maintain permanent and current records of this section, including, but not limited to, all maps, amendments, special use permits, planned unit developments, variations, appeals and applications therefore.

      (5)   Initiate, direct and review from time to time a study of the provisions of this subchapter and make recommendations to the Planning and Zoning Commission as such study requires.

      (6)   Keep the Board of Trustees advised of zoning activities.

      (7)   Enforce all provisions of this subchapter.

      (8)   Make a written report to the President and Board of Trustees once each month, or more often if requested, including statements of permits and certificates issued and orders promulgated.

      (9)   Perform such other duties as may be prescribed from time to time by the Corporate Authorities.

   (D)   The Zoning Enforcement Officer shall carry proper credentials for the performance of their duties under this subchapter. In the discharge of their duties, the Zoning Enforcement Officer, their authorized representative or any other qualified Village Inspector or deputy shall have the authority to enter at any reasonable hour any building, structure or premises in the Village of Channahon to enforce the provisions of this subchapter. The assistance and cooperation of police, fire and health departments and all other officials shall be available to them as required in the performance of their duties.

   (E)   The Zoning Enforcement Officer shall have power as may be necessary in the interest of public safety, health and general welfare to interpret and implement the provisions of this subchapter to secure the intent thereof.

   (F)   The Zoning Enforcement Officer shall deliver and return all books, records, papers and other matters relative to their position to the Village Clerk upon termination with the Village of their position as Zoning Enforcement Officer.

(Ord. 294, passed 11-1-82; Am. Ord. 2141, passed 12-18-23)

   For provisions concerning the Planning and Zoning Commission, see §§ 32.70 through 32.79.

(Am. Ord. 2141, passed 12-18-23)

   (A)   The Village Board of Trustees shall establish the standards, procedures, and content of this chapter and shall reserve certain matters of final decision to itself and delegate certain other matters to other individuals or agencies. Decisions of the Village Board shall be subject to judicial review as the law may provide.

   (B)   Jurisdiction of the Board of Trustees shall be as follows:

      (1)   To decide amendments to this chapter after public hearing and report by the Planning and Zoning Commission.

      (2)   To decide on special use permits after public hearing and report by the Planning and Zoning Commission.

      (3)   To decide on planned unit developments after public hearing and report by the Planning and Zoning Commission.

      (4)   To make appointments to the Planning and Zoning Commission.

      (5)   To decide all other matters required by this chapter.

(Ord. 95, passed 4-5-71; Am. Ord. 2141, passed 12-18-23)

   (A)   Certificate required. No building or structure shall be erected, constructed, reconstructed, enlarged, moved or structurally altered, nor shall any excavation or grading for any building or structure be done, without a building permit when required by village code. No building permit and no other permit pertaining to the use of land, buildings, or structures shall be issued by any employee of the village unless the proposed building or structure and the proposed use thereof comply with all the provisions of this chapter, nor shall any such permit be issued unless the application for such permit has affixed to it or stamped thereon a certificate of the Building Official certifying such compliance. Any permit or zoning certificate issued in conflict with the provisions of this chapter shall be void.

      (1)   Plans drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings and structures already existing, if any; the location and dimensions of the proposed building or alteration; the location and dimensions of all proposed off-street parking and loading spaces and accessways thereto; and such other matters as the Zoning Enforcement Officer may deem necessary to determine conformance with this chapter.

      (2)   Information describing the existing and proposed use of each building and land area on the lot; the number of families or dwelling units proposed to be accommodated; and other such matters as the Zoning Enforcement Officer may deem necessary to determine conformance with this chapter.

      (3)   A certificate of a registered architect or a registered structural engineer licensed by the state, or, if no architect or engineer was employed, affidavits of the owner and builder, that the proposed construction and the proposed use thereof comply with all the provisions of this chapter, or stating the extent of noncompliance. Where the use requires compliance with manufacturing performance standards herein set forth, the certification of a professional engineer, licensed in the state and having an expertise in such standards, shall be required.

(Ord. 95, passed 4-5-71; Am. Ord. 2141, passed 12-18-23) Penalty, see § 156.999

   (A)   Certificate required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Building Official. No such certificate shall be issued unless the proposed use or occupancy complies with all the provisions of this chapter. Any certificate of occupancy issued in conflict with the provisions of this chapter shall be void.

   (C)   Issuance. No certificate of occupancy for a building, structure or portion thereof, constructed or remodeled after the effective date of this chapter, shall be issued until construction has been completed and the premises inspected and certified to be in conformity with the plans and specifications upon which the zoning certificate was based. Pending issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period not to exceed six months from its date, during the completion of any addition or during partial occupancy of the premises. A certificate of occupancy shall be issued, or written notice shall be given to the applicant, staling the reasons why a certificate cannot be issued, not later than 15 business days after the Building Official is notified in writing that the building or premises are ready for occupancy.

(Ord. 95, passed 4-5-71; Am. Ord. 2141, passed 12-18-23) Penalty, see § 156.999

   (A)   Authority. In specific cases in which there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this chapter, the Planning and Zoning Commission shall have the power and duty to determine and vary the application of such regulations, in harmony with their general purpose and intent, but only in accordance with the requirements hereinafter set forth.

      (1)   The Planning and Zoning Commission shall not vary the provisions of this chapter as authorized in this section, unless it shall have made findings based upon the evidence presented to it in the following cases:

         (a)   That 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)   That the plight of the owner is due to unique circumstances; or

         (c)   That the variation, if granted, will not alter the essential character of the locality.

      (2)   A variation shall be permitted only if the evidence, in the judgment of the Planning and Zoning Commission, sustains each of the three conditions enumerated above.

      (3)   For the purpose of supplementing the above standards, the Planning and Zoning Commission, in making this determination whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

         (a)   That the particular physical surroundings, shape or topographical conditions of the specific property involved will bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

         (b)   That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zone's classification;

         (c)   That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;

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

         (e)   That the granting of the variation will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located;

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

      (4)   The Planning and Zoning Commission may require each condition and restriction upon the premises benefitted by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.

      (1)   To permit any yard or setback less than a yard or a setback required by the applicable regulations.

      (2)   To permit the use of a lot or lots of record on the effective date of this chapter for a use otherwise prohibited solely because of insufficient area of width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 90% of the required area and width.

      (3)   To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.

      (4)   To reduce the applicable off-street parking or loading facilities required by 20% of the applicable regulations.

      (5)   To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served.

      (6)   To increase by not more than 20% the gross area of a sign.

      (7)   To modify any requirement of § 156.023, Accessory Buildings.

      (8)   To modify any requirements for fences included in § 156.185, Design, Location, and Height Requirements and § 156.186 Fences Used for Specific Purposes.

(Ord. 95, passed 4-5-71; Am. Ord. 1809, passed 6-1-15; Am. Ord. 2044, passed 2-15-21; Am. Ord. 2141, passed 12-18-23)

   (A)   Authority. The Planning and Zoning Commission shall hear and decide appeals from an administrative order, requirement, or determination under this chapter.

   (E)   Decisions. The Commission shall render a written decision on the appeal within a reasonable time, but in no event more than 60 days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties. The Commission may affirm or may, upon the concurring vote of four members, reverse, wholly or in part, or modify, the decision of the Building Official or Zoning Enforcement Officer, as in its opinion ought to be done, and to that end shall have all the powers of the Building Official. All decisions, after hearing, of the Planning and Zoning Commission on appeals from an administrative order, requirement, decision, or determination of the Building Official shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable state statutes.

(Ord. 95, passed 4-5-71; Am. Ord. 2141, passed 12-18-23)

   (A)   Purpose. This chapter is based upon the division of the village into districts, within which the uses of land, and the uses and bulk of buildings and structures, are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:

      (1)   Uses publicly operated or traditionally affected with a public interest; and

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

      (1)   No special use permit may be granted unless:

         (a)   The proposed use is designated by this chapter as a special use in the district in which the use is to be located.

         (b)   The proposed use will comply with all applicable regulations in the district in which the use is to be located.

         (c)   The location and size of the proposed use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

         (d)   The location, nature and height of buildings, walls and fences, and the nature and extent of the landscaping on the site are such that the use will not unreasonably hinder or discourage the appropriate development and use of adjacent land and buildings.

         (e)   Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining uses, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances.

         (f)   The proposed use will not cause substantial injury to the value of other property in the neighborhood.

         (g)   Conditions in the area or the application have substantially changed, and at least one year has elapsed since any denial by the Village Board of any prior application for a special use permit that would have authorized substantially the same use of all or part of the site.

      (2)   The Village Board shall impose such conditions and restrictions upon the premises benefitted by a special use permit as may be necessary to assure compliance with the above standards, to reduce or minimize the effect of such permit upon other properties in the neighborhood, and to better carry out the general intent of this chapter. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter.

(Ord. 95, passed 4-5-71; Am. Ord. 1995, passed 11-18-19; Am. Ord. 2141, passed 12-18-23)

   (A)   Authority. The regulations and districts established by this chapter may be amended from time to time, by the Village Board through the enactment of an amending ordinance. No such amendment shall be made without a public hearing before the Planning and Zoning Commission and after a report of findings and recommendations has been submitted to the Village Board by the Planning and Zoning Commission.

      (1)   Amendments may be proposed by the Board of Trustees, Planning and Zoning Commission, village staff, and by any other person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land, which is described in the application for an amendment.

      (2)   No application for amendment to this chapter shall be made which proposes reclassification of any of the same property for the same zoning district that has been the subject of a reclassification public hearing held by the Planning and Zoning Commission within the 12 months preceding the date of filing.

      (1)   An application for an amendment shall be filed with the Community Development Department.

      (2)   A copy of such application shall thereafter be forwarded by the Community Development Department to the Planning and Zoning Commission with a request to hold a public hearing and submit to the Village Board a report of its findings and recommendations.

      (3)   The Planning and Zoning Commission shall hold a public hearing within 60 days after receiving the application. Notice of the time and place of such hearing shall be completed in accordance with § 156.203 .

      (4)   The Planning and Zoning Commission shall, within 60 days after the hearing, transmit a written report giving its findings and recommendations to the Village Board.

      (1)   The Village Board, upon report of the Planning and Zoning Commission without further public hearing, may grant or deny any proposed amendment in accordance with applicable state statutes or may refer it back to the Planning and Zoning Commission, without further notice or hearing, for further consideration.

      (2)   If no action is taken by the Village Board within six months after the report of the Planning and Zoning Commission, the application shall be deemed to have been denied and shall not thereafter be granted.

      (3)   In case a written protest against any proposed zoning amendment signed and acknowledged by owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining, or by owners 20% of the frontage directly opposite the frontage to be altered is filed with the Village Clerk, the amendment cannot be passed except on the favorable vote of two-thirds of all members of the Village Board.

(Ord. 95, passed 4-5-71; Am. Ord. 602, passed 7-26-90; Am. Ord. 2141, passed 12-18-23)

   (A)   Authority.

      (1)   The Village Board or Village Administrator is authorized by this chapter to issue a temporary permit for uses specifically authorized in particular zoning districts as temporary permit uses dependent upon the use being requested. The following temporary permitted uses shall be reviewed and approved by the Village Administrator, or their designee:

         (a)   Temporary building or yard for construction materials and/or equipment;

         (b)   Temporary office for the sale or rental of real property;

         (c)   Real estate subdivision sign;

         (d)   Trailer, to be used during the construction of a residence;

         (e)   Temporary mobile signs.

      (2)   All other temporary permitted use requests shall require the approval of the Village Board.

   (B)   Application. An application for a temporary permit shall be made to the Community Development Department in writing on a form provided by the village. The Board or staff shall issue a permit only after they are satisfied that the use allowed by the temporary permit will not adversely affect the public health, safety or general welfare of the village and/or immediate neighborhood and businesses. The request for a recurring event within a calendar years' time may be submitted as a single temporary use permit application. Written approval from the property owner for which the permit is being requested is required for submission and consideration of the request.

(Ord. 95, passed 4-5-71; Am. Ord. 2018, passed 7-6-20; Am. Ord. 2141, passed 12-18-23)

   (A)   The Village Board shall establish a schedule of fees, charges and expenses required for building permits, zoning certificates, certificates of occupancy, variations, special use permits, temporary use permits, zoning amendments, planned unit development approvals and other matters pertaining to this chapter.

   (B)   Until all such required fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application.

   (C)   All fees shall be paid to the Village, and none shall in any event be refunded.

(Ord. 95, passed 4-5-71; Am. Ord. 2141, passed 12-18-23)

   Notice is required prior to holding a public hearing before the Planning and Zoning Commission for an amendment of any zoning district, text amendment of this chapter, special use permit, variation, or planned unit development.

   (A)   The petitioner shall post notice of the public hearing on the property for which the request is sought. The petitioner and/or their assigned agent is required to erect at least one sign for every 500 linear feet of street frontage with a minimum of one sign on each street abutting the property. The signs required herein shall be provided by the village and must be posted not more than 30 nor less than 15 days prior to the public hearing. The petitioner shall provide a sworn certificate to the Planning and Zoning Commission that the signs required herein were posted upon the subject property in accordance with this chapter. If the village posts the sign(s), sworn certificate of the posting is not required.

   (B)   The petitioner shall also give written notice of the request to the owners of record, as shown on the record of the local real estate tax collector, of all lots lying within 250 feet, exclusive of public rights-of-way, of the property line for which the request is sought. The written notice shall be delivered personally or may be sent by standard mail, properly addressed, with sufficient postage or affixed thereon. The petitioner shall file with the Village Clerk a sworn affidavit with copies of the notice showing the names and addresses of the persons to whom the written notice was sent. The affidavit shall create a presumption of the giving of the notices, any notice returned shall be considered effective. For personally delivered notices, the applicant shall have the owner of record sign and date that they have received the letter. The notice required herein shall be mailed or delivered not more than 30 nor less than 15 days prior to the public hearing and shall minimally recite the request sought; the location of the property involved; the common address, if any; the name of the petitioner; and the date and time for the public hearing. If the village sends the letters, sworn affidavit of the mailing is not required.

   (C)   Notice of the time and place of the hearing shall be published at least once, not more than 30 days nor less than 15 days before the hearing, in a newspaper of general circulation in the village.

   (D)   The failure to provide written notice or post signs as required herein may be grounds for denial or deferral of the petition in the event of a substantial failure to provide notice or post signs; however, the notice and signage are not jurisdictional. Requests duly approved by the appropriate village authority shall not be set aside because of a failure to give written notice or post the signs as required herein.

(Ord. 2141, passed 12-18-23)

   (A)   Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists enforcement of any provisions of this chapter, for which another penalty is not specifically provided, shall be subject to a fine of not less than $50 nor more than $750 for each offense. Each day a violation is permitted to exist after notification thereof shall constitute a separate offense.

   (B)   The owner or tenant of any building, structure, or land, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

   (C)   Nothing herein contained shall prevent the village from taking such other lawful action as is necessary lo prevent or remedy any violation.

(Ord. 95, passed 4-5-71; Am. Ord. 1559, passed 12-1-08; Am. Ord. 1618, passed 5-3-10; Am. Ord. 2141, passed 12-18-23)