(a)

Creation. The zoning office is hereby created and, under the direction of a zoning officer, shall have the responsibility of administering and enforcing the provisions of this chapter.

(b)

Powers and duties. The zoning officer shall enforce the provisions of this chapter and, in addition thereto and in furtherance of such authority, shall:

(1)

Examine and approve any application pertaining to the use of land, buildings or structures to determine if the application conforms with the provisions of this chapter.

(2)

Issue all zoning certificates, and keep permanent records thereof.

(3)

Issue all certificates of zoning compliance and keep permanent records thereof.

(4)

Conduct such inspections of buildings, structures and uses of land as are necessary to determine compliance with the terms of this chapter.

(5)

Receive, file and process for action all applications for appeals, variations, special uses and amendments to this chapter which are filed in the zoning office.

(6)

Initiate petitions to revoke certificates of zoning nonconforming uses existing at the time of the passage of this chapter or any amendment thereto upon request.

(7)

Issue certificates of zoning compliance for nonconforming uses existing at the time of passage of this chapter or any amendment thereto upon request.

(8)

Maintain permanent and current records of this chapter, including all maps, amendments, special uses and variations.

(c)

Remedies cumulative. All remedies provided for in this article shall be cumulative and not exclusive.

(Code 1974, § 22-55)

(a)

Planning and zoning commission created, members. A plan commission for the village is hereby created under the authority of 65 ILCS 5/11-12-4. For the purposes of this Code, the plan commission shall be known as the planning and zoning commission. A board of appeals for the village is hereby created under the authority of 65 ILCS 5/11-13-3. For the purposes of this Code, the board of appeals shall be known as the planning and zoning commission. It is the intent of the board of trustees to create a single commission to serve the function of a "plan commission" and "board of appeals"; as those functions are defined by statute. The planning and zoning commission shall consist of seven members, to be appointed from citizens of the village by the village president of the board of trustees, with the consent and approval of the board of trustees. In addition to the seven members, the president of the board of trustees shall annually appoint, with the advise and consent of the board of trustees, a member of the board of trustees as an ex officio member, who shall not be entitled to vote nor counted in determining a quorum of the planning and zoning commission. All members of the planning and zoning commission shall be residents of the village at all times during their appointment.

(b)

Terms of office. The seven members of the planning and zoning commission shall serve respectively the following terms: one for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years, the successor to each member so appointed to serve for a term of five years. In the event vacancies occur, other than by expiration of terms, appointments shall only be for the remaining term of the position so vacated.

(c)

Organization: As soon as possible after their appointment, the members of the planning and zoning commission shall choose by election a chairperson. All the members of the planning and zoning commission shall receive compensation of $25.00 for each meeting of the planning and zoning commission attended by that member. The chairperson shall be paid an additional $25.00 for each meeting attended. The village shall provide a person who shall keep the minutes, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact. The village clerk shall also keep records of its examinations and other official actions, prepare the reports and perform all other administrative matters involving the planning and zoning commission.

(d)

Meetings and rules:

(1)

All meetings of the planning and zoning commission shall be held at the call of the chairperson conducted at the Village Hall. All testimony by witnesses at any hearing provided for in the zoning section of the Code of Ordinances shall be given under oath. The chairperson or in their absence, the acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the planning and zoning commission shall be open to the public. The planning and zoning commission shall keep minutes of its proceedings, and the concurring vote of four members of the planning and zoning commission shall be necessary to reverse any order, requirement, decision or determination of the building and zoning officer or to decide in favor of the applicant on any matter which is authorized by the zoning section of the Code of Ordinances to render a decision. All records of the minutes of the planning and zoning commission shall be available for examination at the Village Hall during normal business hours.

(2)

At hearings and meetings of the planning and zoning commission any interested person may appear or may be represented by duly authorized agent or attorneys.

(3)

No testimony shall be taken and no witnesses heard except at a properly convened hearing of the planning and zoning commission.

(4)

Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the planning and zoning commission shall immediately be filed in the office of the planning and zoning commission and shall be a public record. In the performance of its duties, the planning and zoning commission may incur such expenditures as shall be authorized by the board of trustees.

(5)

Each member of the planning and zoning commission shall be allowed three unexcused absences per fiscal year. If a member of the planning and zoning commission shall incur more than three unexcused absences in any one fiscal year, such party may be removed from office for cause upon the recommendation of the president of the board of trustees, with the advise and consent of the board of trustees.

(6)

The village president and the board of trustees shall have the power to remove any member of the planning and zoning commission, including its chairperson for cause and after a public hearing.

(7)

When members propose to resign, if reasonably feasible, they shall give notice of their intent to the chairperson, or make the date of resignation effective in such a manner to allow time for appointment of replacement.

(8)

Notice. Each meeting of the planning and zoning commission must be preceded by notice of such hearing which shall be published at least once not more than 30 nor less than 15 days prior to the hearing in one or more newspapers of general circulation in the village.

(e)

Powers: The planning and zoning commission shall have the following powers, jurisdiction and authority:

(1)

To prepare and recommend to the board of trustees a comprehensive plan of public improvements looking to the present and future development of the village, which plan shall be known as the official plan of the village. Such plan shall include reasonable requirements with reference to streets, alleys and public grounds in un-subdivided land situated within the corporate limits of the village and in contiguous territory not more than one and one-half miles beyond such corporate limits, and not included in any city, village of incorporated town. Such requirements shall be effective whenever the un-subdivided land is subdivided after the adoption of such plan.

(2)

To prepare and recommend to the board of trustees from time to time such changes in the plan as the planning and zoning commission may deem necessary and to report and make recommendations to the board of trustees with respect to any other suggested changes about which the board of trustees may desire information; provided, however, that such changes shall not affect the general principles of the plan as adopted.

(3)

To prepare and recommend to the board of trustees, from time to time, plans for specific improvements pursuant to such official plan.

(4)

To give aid to the officials of the village charged with the direction of projects for improvements embraced within the official plan, to further the making of such projects and generally to promote the realization of the official plan.

(5)

To exercise such other powers germane to the powers granted by the statute, as may be conferred by the board of trustees.

(6)

To initiate, direct, and review, from time to time, a study of the provisions of the text and map compromising the zoning regulations, and to make reports of its recommendations to the board of trustees not less frequently than annually.

(7)

To hear and decide on appeal from any order, requirement, decision or determination made by the zoning officer or other authorized official of the village having jurisdiction under the zoning section of the Village Code of Ordinances.

(8)

To receive copies of all applications for proposed variations from this Code, and to hold public hearings on those proposed variations in the manner and subject to the standards set forth in this chapter.

(9)

To receive all applications for proposed amendments to this Code, and to hold public hearing on those proposed amendments in the matter and subject to the standard set fort in this chapter.

(10)

To receive all applications for proposed conditional permitted uses, and to hold public hearings on those conditional permitted uses in the matter and subject to the standards set forth in this chapter.

(11)

To hear and decide upon all matters referred to it upon which it is required to pass under the zoning section of the Village Code of Ordinances in accordance with applicable Illinois statutes.

(12)

To hear applications for variations from the regulations and restrictions contained in this chapter and submit its recommendations thereon to the president and board of trustees.

(13)

To hear all applications for special uses and submit its recommendations thereon to the president and board of trustees.

(14)

To hear and decide, or make recommendations on, such other matters as may from time to time be committed to its jurisdiction by other ordinances of the village.

(Code 1974, § 22-56; Ord. No. 2011-8, §§ 2, 3, 6-21-2011)

(a)

Scope of appeal. An appeal may be taken to the planning and zoning commission by any person, firm, corporation or office, department, board or bureau affected by a decision of the zoning officer. Such appeals shall be taken within 45 days of the action complained of, and shall be taken by filing with the zoning officer a notice of appeals, specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the planning and zoning commission. The zoning officer shall forthwith transmit to the planning and zoning commission all of the papers constituting the record upon which the action appealed was taken.

(b)

Hearing of appeals. The planning and zoning commission shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the person appealing and to the office from whom the appeal is taken. It shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney to testify. After receiving testimony, the planning and zoning commission shall make findings and submit the findings to the board of trustees who will ultimately decide the issue at hand.

(c)

Stay of proceedings. The appeal shall stay all proceedings and furtherance of the action appealed from, unless the zoning officer certifies to the planning and zoning commission, after notice of appeals 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 such a case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the planning and zoning commission or by court of record on application, with notice to the officer from whom the appeal is taken, and all due causes shown.

(Code 1974, § 22-57; Ord. No. 2011-8, § 4, 6-21-2011)

(a)

Purposes. The formulation and enactment of this chapter is based on the division of the entire village into districts in each of which are permitted specified uses that are compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but, because of their potential influence upon neighboring uses, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as special uses.

(b)

Application and fee.

(1)

Data to be furnished. Application for a special use permit shall be made to the zoning officer on a form prescribed by the zoning board of appeals with the following data:

a.

The name and address of the applicant and the name and address of the owner of the real estate which is the subject of the request for a special use permit if other than the applicant.

b.

A statement that the applicant is the owner or an authorized agent of the owner, and submission of written proof that the owner authorizes this applicant to act on its behalf, of the property on which the use is proposed to be located.

c.

The address and description of the property.

d.

A statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a special sue permit, prescribed in subsection (c) of this section.

e.

Name and address of all adjacent property owners from the latest adopted tax rolls.

(2)

Maps. The application shall be accompanied by the following plans and drawings:

a.

An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.

b.

An accurate scale drawing of the site showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

c.

The zoning officer may authorize omission of any or all of the plan and drawing required by this section if they are not necessary to enable the zoning board of appeals to determine whether the proposed use will comply with each of the applicable provisions of this chapter.

(3)

Fee. The application shall be accompanied by a fee as follows to cover the cost of processing the application as described in this article:

Zoning lot of less than two acres .....$100.00

Zoning lot of not less than two nor more than five acres in area .....175.00

Zoning lot of more than five acres in area .....175.00

(Plus $10.00 for each acre or part thereof in excess of five acres, with a total maximum of $300.00)

If the application for a special use is for a use which is already in existence, the fee shall be double the amount of the fee set forth in this section to cover the cost of additional inspections and the costs of processing the application.

(c)

Public hearing.

(1)

Notice. The zoning board of appeals shall hold at least one public hearing on each applicant for a special use permit within 45 days of the date when the application was filed and found to be complete by the zoning officer. Notice of such hearing shall be published at least one day not more than 30 nor less than 15 days prior to the hearing

in one or more newspapers of general circulation in the village. Notice shall also be sent via certified mailing to adjacent property owners within the time frame described in this subsection (c)(1).

(2)

Procedure. At the public hearing the zoning board of appeals shall review the application and the drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with regard to the findings prescribed in subsection (c)(3) of this section.

(3)

Findings of fact. Within 45 days after the close of the public hearing on a proposed special use, the zoning board of appeals shall make written findings of fact and shall submit such findings, together with its recommendation, to the village board. For the zoning board of appeals to make an affirmative recommendation of any special use permit, it must find that each of the following items are met:

a.

The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

b.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood;

c.

The establishment of the special use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district;

d.

Adequate utilities, access roads, drainage and/or necessary facilities have been, are being, or will be provided;

e.

Adequate measures have been, or will be taken, to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and

f.

The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(4)

Conditions and restrictions. The zoning board of appeals may recommend and the village board may require such conditions or restrictions upon the construction, location and operation of a special use as deemed necessary for the protection of the adjacent properties. These conditions may include the expiration of the special use permit after a specified period of time and off-street parking and loading requirements in accordance with the provisions of this chapter.

(5)

Failure to act. If the zoning board of appeals fails to act within 45 days of the public hearing, the special use shall be deemed approved by the zoning board of appeals. The zoning officer shall forward the zoning board within ten days after action or within 55 days from the date of public hearing if no action has been taken by the zoning board of appeals.

(d)

Action of village board. The village board may affirm, reverse or modify a decision of the zoning board of appeals; provided, however, that if a decision denying a special use permit is reversed or a decision granting a use permit is modified, the village board, on the basis of the record transmitted by the zoning officer and such additional evidence as may be submitted, shall make the findings prerequisite to the granting of a special use permit prescribed in subsection (c)(3) of this section. A special use permit shall become effective immediately after it is granted by resolution of the village board. An application for special use permit shall be passed by a majority vote of the elected officials of the village.

(e)

Lapse of special use permit.

(1)

A special use permit shall lapse and shall become void one year following the date on which the special use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the special use permit application, or a certificate of occupancy is issued for the structure which was the subject of the special use permit application or the site was occupied if no building permit or certificate of occupancy is required.

(2)

A special use permit may be renewed for a time deemed appropriate by the board of trustees provided that the request is made by the holder of the special use permit prior to the expiration of one year from the date when the special use permit originally became effective, requesting the extension.

(3)

The zoning board of appeals may grant or deny an application for renewal of a special use permit.

(4)

Subsections (c) to (e) of this section shall apply to an application for renewal of a special use permit.

(f)

Existing special use. A use established by a special use permit issued by the county and/or village prior to the enactment of this chapter shall be deemed nonconforming; however, it shall be permitted to continue, provided, however, that the use is operated and conducted in accord with the conditions prescribed in the special use permit as granted, if any. Any alterations, expansion or restoration shall be thereafter governed by the provisions of this chapter.

(g)

Revocation. Upon violation of any applicable provision of this chapter, or, if granted subject to a condition, upon failure to comply with the condition, a special use permit shall be suspended automatically. The zoning board of appeals shall hold a public hearing within 45 days, in accord with the procedure prescribed in subsection (c)(1) of this section, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the special use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Within five days following the date of a decision of the zoning board of appeals revoking a special use permit, the zoning officer shall transmit to the village board written notice of the decision. The decision shall become final ten days following the date on which the special use permit was revoked or on the day following the next meeting of the village board, whichever is later, unless an appeal has been taken to the village board or unless the village board shall elect to review the decision of the zoning board of appeals, in which cases subsections (d) to (f) of this section shall apply.

(h)

Effect of denial of a special use permit. No application for a special use permit which has been denied only or partly by the village board shall be resubmitted for a period on one year from the date of such denial, except on the grounds of new evidence not known to applicant at the time of hearing on first applications, or as proof of changed conditions.

(i)

Change of license classification. A special use permit granted pursuant to the provisions of this article, allowing liquor establishments including, but not limited to, packaged liquor stores and taverns, is restricted to the special use permit for the particular class of license granted, and if the owner of such premises or the licensee seeks to change the classification of a license granted pursuant to a special use permit, to a different class license then that granted pursuant to the special use permit, a new special use permit must be applied for as provided in this section.

(Code 1974, § 22-58; Ord. No. 2022-26, § 1, 7-5-2022)

(a)

Purposes. The zoning board of appeals is empowered to recommend variations in order to prevent or to lessen such practical difficulties or particular hardship inconsistent with the objectives of this zoning chapter as would result from a strict or lateral interpretation and enforcement of certain regulations prescribed in the chapter. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions or a site or from population densities, street locations, or traffic conditions in the immediate vicinity. Recommending the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable difficulty. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for recommending a variation. A variation shall be recommended by the zoning board of appeals only in accordance with the standard set forth in this subsection and only in the following instances and no other:

(1)

To permit any yard of less dimension than required by the applicable regulations;

(2)

To permit any building or structure to exceed the height limitations imposed by the applicable regulations;

(3)

To permit the use of a lot prohibited solely because of the insufficient area of the lot;

(4)

To reduce the applicable off-street parking or loading facilities, required parking spaces are permitted to be located from the use served; and

(5)

To waive or modify the screening requirements of section 82-7, or to permit any fence, wall or other enclosure which is greater than or less than the required height limit.

(b)

Application and fee.

(1)

Data to be furnished. Application for a variation shall be made to the zoning officer on a form prescribed by the zoning board of appeals, which shall include the following data:

a.

The name and address of the applicant and the name and address of the owner of the real estate which is the subject of the request for a variance if other than the applicant.

b.

A statement that the applicant is the owner or an authorized agent of the owner, and submit written proof that the owner authorized this applicant to act on its behalf, of the property on which the use is proposed to be located.

c.

The address or description of the property.

d.

A statement of the precise nature of the variation requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter that enforcement of a specified regulation of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a variation, prescribed in subsection (d) of this section.

e.

The name and address of all adjacent property owners at the address as taken from the latest adopted tax rolls.

(2)

Map. The application shall be accompanied by accurate scale drawing of the site, and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of street, property lines, uses, structures, driveways, pedestrian walks, off-street loading and off-street parking facilities and landscaped areas. If required for a public hearing as prescribed in subsection (c) of this section, the application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.

(3)

Fee. The application shall be accompanied by a fee of $75.00 to cover the cost of handling the application as prescribed in this article. If the variation is for an improvement or building that is already under construction or in existence, the fee shall be double the amount of the fee set forth in this subsection to cover the cost of additional inspections and the costs of processing the application.

(c)

Public hearing.

(1)

Notice. The zoning board of appeals shall hold a public hearing on an application for a variation within 45 days of the date when the applications was filed and found to be complete by the zoning officer. Notice of a public hearing shall be given not less than 15 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation within the village. Notice shall also be sent via certified mailing to adjacent property owners within the time frame described in this subsection (c)(1).

(2)

Procedure. At a public hearing the zoning board of appeals shall review the application, statements and drawing submitted therewith and shall receive pertinent evidence concerning the variation, particularly with respect to the findings prescribed in subsection(c)(4) of this section.

(3)

Grant or denial. The zoning board of appeals shall grant by resolution an application for a variation as the variation was applied for, or in modified form, or the application may be denied.

(4)

Concurring vote required. The concurring vote of four members of the board shall be necessary to authorize any variation in this chapter.

(5)

Findings of fact. Within 45 days after the close of the public hearing on a proposed variation, the zoning board of appeals shall make a written finding of fact. For the zoning board of appeals to make an affirmative decision on any proposed variation, it must find that each of the following items are met:

a.

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the chapter regulations were to be carried out;

b.

The conditions upon which a petition for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property within the same zoning classification;

c.

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property;

d.

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;

e.

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

f.

The proposed variance complies with the spirit and intent of restrictions imposed by this chapter.

(d)

Lapse of variation.

(1)

A variation shall lapse and become void one year following the date on which the variation became effective unless, prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variation application, or a permit is issued authorizing occupancy of the site or structure which the subject of the variation application which was the subject of the variation application or the site is occupied if no building permit or certificate of occupancy is required.

(2)

A variation may be renewed for a time deemed appropriate by the board of trustees provided that the request is made by the holder of the variation prior to the expiration of the date of the original variation, requesting the extension.

(3)

The zoning board of appeals may grant or deny an application for renewal of a variation.

(4)

Subsections (b) and (c) of this section shall apply to an application for renewal of a variation.

(e)

Revocation. A variation granted subject to a condition shall be revoked by the zoning board of appeals, if the condition are not complied with. The zoning board of appeals shall hold a public hearing within 45 days, in accord with the procedure prescribed in subsection (c) of this section and, if not satisfied that the regulation, general provision or condition is being complied with, may revoke the variation or take such action as may be necessary to ensure compliance with the regulation, general provision or condition.

(f)

Effect of denial of the variation. No application for a variation which has been denied wholly or partly by the zoning board of appeals shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence not known to applicant at time of hearing on first application, or as proof of changed conditions found to be valid by the zoning board of appeals.

(g)

Variation by ordinance. Within 15 days after the last public hearing or meeting held on any variation, the recommendation of the zoning board of appeals shall be forwarded to the president and board of trustees of the village, as well as to the village clerk and the zoning officer. Whenever a variation is to be made by ordinance, upon receiving the report of the zoning board of appeals, the president and board of trustees of the village, without further public hearing, may grant or deny any proposed variation or may refer it back to the zoning board of appeals for further consideration. Any proposed variation which fails to receive the approval of the zoning board of appeals in the form of a favorable recommendation to the president and board of trustees of the village shall not be granted except by the favorable vote of two-thirds of all of the trustees of the village.

(Code 1974, § 22-59; Ord. No. 2022-33, § 1, 8-1-2022)

(a)

Purpose. This chapter may be amended by changing the boundaries of any district, by changing any district regulation, general provision, exception or other provision thereof in accord with the procedure prescribed in this article.

(b)

Initiation.

(1)

A change in the boundaries of any district may be initiated by the owner of the authorized agent of the owner of the property by filing an application for a change in district boundaries as prescribed in subsection (c) of this section. If more than one ownership, all the owners of their authorized agents shall join in filing the application.

(2)

A change in boundaries of any district, or a change in a district regulation, general provision, exception or other text amendments may be initiated by the action of a person, the zoning board of appeals or the village board; provided, however, that the procedure prescribed in subsections (c) to (f) of this section shall be followed.

(3)

A proposal for a change in district boundaries initiated by the village board and one initiated by a property owner for all or part of the same area may be considered simultaneously.

(c)

Application and fee.

(1)

Data to be furnished. A property owner desiring to propose a change in the boundaries of the district in which his property is located or his authorized agent may file with the zoning officer an application for a change in district boundaries on a form prescribed by the zoning board of appeals which shall include the following data:

a.

The name and address of the applicant and the name and address of the owner of the real estate which is the subject of the request for a zoning map amendment if other than the applicant.

b.

A statement that the applicant is the owner or an authorized agent of the owner, and submit written proof that the owner authorized this applicant to act on its behalf, of the property on which the use is proposed to be located.

c.

The address and description of the property.

d.

The name and address of all adjacent property owners at the address as taken from the latest adopted tax rolls.

(2)

Map. The application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the location of street and property lines.

(3)

Fee. The application shall be accompanied by a fee as follows to cover the cost of processing the application as described in this article:

Zoning lot of less than one-half acre .....$200.00

Zoning lot of not less than one-half nor more than two acres .....275.00

Zoning lot of not less than two nor more than five acres .....350.00

Plus $25.00 for each acre of part thereof in excess of five acres, with a total maximum of $600.00

Text amendment .....150.00

Zoning of a lot of any size initiated by village board .....0.00

If an amendment is necessitated because of use is already in existence, the fee shall be double the amount of the fee set forth in subsection (c)(3) of this section to cover the cost of additional inspections and the costs of processing the application.

(d)

Public hearing.

(1)

Notice. The zoning board of appeals shall hold a public hearing on each application for a change in district boundaries or for a change of a district regulation, general provisions, exception or other provision of this chapter within 45 days of date when the application as filed and found to be complete by the zoning officer. Notice of the public hearing shall be given not less than 15 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation in the village.

(2)

Procedure. At the public hearing the zoning board of appeals shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this chapter prescribed in section 82-2.

(3)

Review. The planning and zoning officer shall submit a review to the zoning board of appeals on the proposed amendment at the time of the public hearing.

(4)

Findings of fact and recommendation of the zoning board of appeals. Within 45 days following the public hearing, the zoning board of appeals shall make a specific finding as to whether the change is consistent with the objectives of this zoning chapter prescribed in section 82-2. The zoning officer shall forward the report to the village board recommending that the application is granted, granted in modified form, or denied, or that the proposal be adopted, adopted in modified form, or rejected, together with a copy of the application, resolution of the zoning board of appeals; the scale drawing of the site and the surrounding area and all other data filed therewith; the minutes of the public hearing; and the findings of the zoning board of appeals.

(5)

Action of village board. An amendment shall be passed by a majority vote of the village board present. In the following cases, an amendment shall be passed only by the favorable vote of two-thirds of the trustees:

If a written protest against the proposed amendment is filed with the village clerk, signed and acknowledged by the owners of 20 percent or more of:

a.

The frontage immediately adjoining or crossing an alley therefrom.

b.

The frontage directly opposite the frontage proposed to be altered.

c.

An adjacent property contiguous to the property in question.

In the event that a favorable vote of two-thirds of the trustees is required to approve the amendment, the written protest(s) files with the village clerk shall be served by the protestor or protestors on the applicant for the proposed amendments and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and the attorney shown in the application for the proposed amendment.

(6)

Effect of denial of an amendment. No application for an amendment which has been denied wholly or partly by the village board shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence, or proof of changed conditions found to be valid by the zoning board of appeals.

(Code 1974, § 22-60; Ord. No. 2000-28, § 1, 7-18-2000)

(a)

Zoning officer's responsibilities. The zoning officer shall be the official responsible for the enforcement of this chapter. The zoning officer may serve notice requiring the removal of any structure or use in violation of this chapter on the owner or his use in violation of this chapter on the owner or his authorized agent, on a tenant or on an architect, builder, contractor or other person who commits or participates in any violation. The zoning officer may call upon the village attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the village attorney is hereby authorized to institute appropriate actions to that end.

(b)

Enforcement procedure.

(1)

The zoning officer is authorized to enforce this zoning chapter on a complaint basis or whenever any violation is brought to his attention. Upon becoming aware of an alleged violation, an inspection of the property involved shall be made by the zoning officer or designated representative. If, in the opinion of the zoning officer, such violation does exist, they shall cause to notify the alleged violator of the violation by certified mail, which notice shall request a response within 14 calendar days from date of notification. Within such 14 days the alleged violator shall be required to contact the zoning officer to either demonstrate compliance with this zoning chapter or show cause why he should be exempt.

(2)

Zoning violations may be brought into compliance with this zoning chapter by approval of the board of trustees of a map amendment, special use permit or variance. The zoning officer is authorized in cases of denial of a map amendment, special use permit or a variance to notify such violator in person or certified mail that he must comply with existing zoning regulations within 30 days of board action or be subject to prosecution.

(3)

A map amendment initiated by a petitioner other than the village board may invalidate a preexisting use of the petitioner's property. Map amendments initiated by a petitioner other than the village board that invalidate a preexisting use of a petitioner's property shall cause the preexisting use to be in violation of this chapter. The zoning officer is authorized to notify the petitioner in person or by certified mail, that he must comply with the new zone district regulations within 30 days of the board's approval of such map amendment or be subject to prosecution.

(c)

Penalties. Failure to comply with any of the requirements of this chapter shall constitute a violation, and any person, upon conviction, shall be fined not less than $100.00 nor more than $750.00 for each offense. Each day the violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violations may each be found guilty of a separate offense and subject to such penalties. The village may also take other lawful action as is necessary to prevent or remedy any violation.

(Code 1974, § 22-61)

(a)

Purpose and initiation. In order to ensure that this zoning chapter will permit all similar uses in each district, the zoning board of appeals upon its own initiative or upon written request shall determine whether a use not specifically listed as a permitted use of a special use in agricultural, residential, commercial or industrial district shall be deemed a permitted use or a special use in one or more districts on the basis of similarity to uses specifically listed.

(b)

Applications. Application for determination that a specific use should be included as a permitted use or a special use in agricultural, residential, commercial or industrial districts shall be made in writing to the zoning officer, and shall include a detailed description of the proposed use and such other information as may be required by the zoning board of appeals to facilitate the determination.

(c)

Investigation. The zoning board of appeals shall make or have made such investigations as it deems necessary to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter, and to make a determination of its classification.

(d)

Determination. The determination of the zoning board of appeals shall be rendered in writing within 60 days, unless the applicant consents to an extension of the time period, and shall include findings supporting the conclusion.

(e)

Effective date of determination. Within five days following the date of a decision of the zoning board of appeals on a request for a determination as to a use not listed, the zoning officer shall transmit to the village board written notice of the decision. A decision shall become effective ten days following the date on which the determination was made or on the day following the next meeting of the village board, whichever is later, unless an appeal has been taken to the village board, or unless the village board shall elect to review the decision of the zoning board of appeals.

(f)

Appeal to village board. Within ten days following the date of a decision of the zoning board of appeals on a request for a determination as to a use not listed, the decision may be appealed to the village board by the applicant or by any other person. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the zoning board of appeals or wherein its decision is not supported by the evidence in the record.

(g)

Determination by village board. The determination of the village board shall be rendered in writing within 60 days unless the applicant consents to an extension of the time period and shall include findings supporting the conclusion.

(Code 1974, § 22-62)

(a)

Procedure. Planned community developments may be permitted in any district by special use permit in accordance with the procedures of this section.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Planned community development means a development occupying not less than ten acres which shall include all land within the project boundaries plus one-half of all adjacent public rights-of-way involving a related group of associated uses, planned as an entity and therefore acceptable for development and regulation as one complete land use permit.

(c)

Applicant. The applicant for a planned community development special use permit shall be the owner of the site, or if more than one, all owners of the site acting jointly. For the purposes of this section, the term "owner" shall mean and include any public body corporate, a holder of a written option to purchase or a redeveloper under contract with the local public agency for urban renewal.

(d)

Purpose. The planned community development provision was established for the purpose of:

(1)

Providing a procedure by which new communities or larger integrated developments may be processed.

(2)

To encourage developers to prepare comprehensive land use plans for large acreage as opposed to piece meal solutions.

(3)

To encourage variety in physical development through the use of new techniques in site development not attainable by conventional zoning application.

(4)

To ensure adequate provisions for environmental amenities for new urban areas such as parks, schools, open space, utilities and services.

(e)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered, in a planned community development, except for the following uses:

(1)

Any use that is approved by the planned community development special use permit.

(2)

A temporary real estate office in conjunction with a planned community development limited to the selling or renting of properties in planned community development and in no case to be in operation for more than one year following completion date of such construction.

(3)

Temporary construction buildings and uses related to the planned community development provided all buildings are removed and uses ceased upon completion date of such construction.

(4)

Accessory uses and building incidental to any use permitted or allowed by this section.

(f)

Filing procedure. A planned community development may be initiated by filing for a planned community development special use permit in this chapter.

(g)

Preapplication conference. Prior to applying for a special use permit, the applicant is required to confer with the village president within 30 days after receipt of the following basic information and date, displayed to scale on maps:

(1)

The boundaries of the property;

(2)

Existing easements and covenants affecting the property;

(3)

Land characteristics, such as natural drainage, swamp areas, wooded areas and topography at two-foot contours;

(4)

Development characteristics, such as surrounding streets, existing buildings, available community sewer, water and other utilities; and

(5)

An overall land use development plan with a road and street system accompanied with data such as land use acreage, residential density, commercial and industrial floor area relevant to the land use components scheme on the proposed development plan.

(h)

Review and recommendation. The village president and village engineer shall review the proposed planned community development to determine its conformity with land development trends in the community; standards of the official comprehensive plan, and recognized principles of design, land use planning and landscape architecture. The review will be conveyed in writing to the applicant within 15 days from the date of the preapplication conference.

(i)

Filing for special use permit. After receipt of the written report, the applicant may file for a special use permit. All procedural rules in regard to the filing of a special use permit shall be the same as provided for in section 82-209.

(j)

Guarantee of completion. Before final approval of a planned community development special use permit, the zoning board of appeals may recommend and the village board may require a safeguard guaranteeing completion of the planned community development in a period specified by the village board, but which period shall not exceed five years unless extended by the village board for due cause shown.

(k)

Fee. The fee for a zoning lot of not more than 20 acres in area is $300.00, plus $25.00 for each acre or part thereof in excess of 20 acres, with a total maximum of $600.00.

(Code 1974, § 22-63)

Residential planned unit developments may be permitted in the RR, R1, R2, R3 and R4 residential districts by a special use permit in accordance with the provisions of this article.

(1)

General purpose. The residential planned unit development special use permit is developed in order to:

a.

Encourage unique design and site planning of land areas through the use of criteria which, when properly implemented allows for certain flexibility and density bonuses.

b.

Permit and foster condominium developments in accord with the provisions of the Condominium Property Act, 765 ILCS 605/1 et seq.

c.

Provide an administrative procedure and standards to facilitate and utilize imaginative design and subdivision technology which may necessitate variation to traditional yards, setbacks, lot shapes and sizes.

(2)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered in a residential planned unit development except for permitted uses listed in the district in which the residential planned unit development is applied for.

(3)

Applicant. The applicant for a residential planned unit development special use permit shall be the owner of the site, or if more than one, all owners of the site acting jointly. For the purposes of this section, the term "owner" shall mean and include any public body corporate, a holder of a written option to purchase or a redeveloper under contract with the local public agency for urban renewal.

(4)

Preapplication conference. Prior to applying for a special use permit, the applicant is required to confer with the village president and village engineer. A conference shall be scheduled by the village president within 30 days after receipt of the following basic information and data, displayed to a scale on maps:

a.

The boundaries of the property;

b.

Existing easements and covenants affecting the property;

c.

Land characteristics, such as natural drainage, swamp areas, wooded areas and topography at two-foot contours;

d.

Development characteristics, such as surrounding streets, existing buildings, available community sewer, water and other utilities;

e.

The proposed layout including the road and street system and the location and extent of the various types of residential uses, acreage and density. Other characteristics of the proposal such as parks, playgrounds and other community facilities; and

f.

Development characteristics presented to the village president will include landscaping details indicating with specificity the landscaping to be used to surround all asphalt and parking areas. Each developer will be responsible for providing the village with a detailed site plan indicating the type and location of all landscaping anticipated to be installed between all parking areas and village roadways and all other areas surrounding asphalt areas.

(5)

Review and recommendation. The village president and village engineer shall review the proposed planned community development to determine its conformity with land development trends in the community; standards of the official comprehensive plan; and recognized principles of design, land use planning and landscape architecture. The review will be conveyed in writing to the applicant within 15 days from the date of the preapplication conference.

(6)

Filing procedure. After receipt of the written report, the applicant may file for a special use permit. All procedural rules in regard to the filing of a special use permit shall be the same as in the case of a regular zoning petition, excepting where the rules are in conflict with the terms of this section.

(7)

Application for a residential planned unit development special use permit. An application for a residential planned unit development special use permit shall be filed with the zoning board of appeals on a form prescribed by the board and provided for that purpose. The applicant shall consist of:

a.

Overall development plans showing:

1.

All information and data required by the village.

2.

The kind, location, bulk and capacity of proposed structures and uses.

3.

The proposed finished topography.

4.

Engineering and improvement plans.

5.

Provisions for automobile parking and loading.

6.

Provisions for sidewalks and bikeways.

7.

Twelve copies of each of the required plans.

b.

Written statements of facts explaining in detail the proposal and justifying the project as this location. Included also will be the proposed provisions for service, maintenance and continued protection of the residential planned unit development and adjoining territory.

c.

Fees:

Zoning lot of not less than one-half nor more than five acres in area .....$300.00

Plus $25.00 for each acre or part thereof in excess of five acres, with a total maximum of $600.00

The application shall include such other pertinent information as the village president shall prescribe; but, to promote efficiently and minimize expense, the village president may provide for the serial submission of portions of the application.

(8)

Zoning board review. The zoning board of appeals shall review the overall design of the proposed residential planned unit development as it relates to the natural and manmade features in the immediate and surrounding area. The zoning board of appeals shall recommend to the village board the maximum density (dwelling units per net acre) and height which should be permitted which is consistent with the character of the surrounding development. In establishing the maximum density and height, due consideration shall be given to the maximum density and height permitted in adjacent residential district and to the actual density and height of the surrounding residential area where such exists. A residential planned unit development site may be divided into two or more parts with densities and heights determined for each part if such division will improve the total character of the development and make it more compatible with the general development of the area. The zoning board of appeals may recommend an award of a maximum of 20 percent density bonus of the zoning district for excellence in design treatment of a proposed planned unit development in accord with the environmental incentives in subsection (9) of this section.

(9)

Environmental incentives. The number of permitted dwelling units may be increased up to 20 percent as indicated in this subsection (9); provided, however, that the percentages for each item may be applied cumulatively to a total of at least 20 percent.

a.

Open space.

Twelve percent: Usable open space, provided that it equals 25 percent of the site area which is (private or public) not covered by buildings, parking and streets.

Six percent: Dedication of the public park site according to the official map, and the site may be considered part of the net site area for determining dwelling units.

Six percent: Dedication of the public school site according to the official map, and the site may be considered part of the net site area for determining dwelling units.

b.

Site planning design.

Two percent: Excellence in the use of existing topography and/or land recontouring.

Four percent: Excellence in siting buildings and building groups which may include variations in building setbacks.

Two percent: Provision in the design for usable courtyards, gardens and patios.

One percent: Proper consideration of the sun and wind orientation.

One percent: Right-of-way provisions for riding, hiking and bicycling.

c.

Landscape planting and screening.

One percent: Provision of a landscaped buffer strip at least ten feet wide on all peripheral lot lines with a less restricted use.

Two percent: Provision of a masonry wall or solid fence five feet high on all peripheral lot lines with a less restricted use.

d.

Facilities and amenities.

Five percent: Swimming pool (five percent for each pool: not to exceed ten percent).

Three percent: Tennis courts (one percent for each court) and playground recreation equipment.

Five percent: Community center and/or club.

Two percent: Land area for public building site such as a fire station.

Three percent: Manmade lakes and water features.

One percent: Provisions for pedestrian leisure facilities, such as plazas, trails, bicycle racks, interior sidewalks, benches, etc.

e.

Traffic and parking.

Ten percent: Provision of 50 percent of the required parking in an underground structure.

Additional detailed plans of site improvements and proposed documents to provide security for the installation and maintenance of utilities and community facilities and open spaces may be requested from time to time to facilitate the review of the proposed planned unit development. The zoning board of appeals may recommend reasonable conditions regarding the layout, circulation and performance of the proposed development. The zoning board of appeals may approve variation in the zoning and subdivision standards in residential planned unit developments which may permit private streets for unique developments which may permit private streets for unique developments that may utilize condominium development techniques, cluster housing concepts and other imaginative and unique development methods when consistent with the purpose of this section.

(10)

Public hearing. Upon receipt in proper form of the application referred to in subsection (9) of this section, the zoning board of appeals within 60 days, unless the time period is extended by joint approval of the applicant and zoning board shall hold at least one public hearing on the proposed residential planned unit development, at such time and place as shall be established by the board of appeals. Notice of the hearing shall be given in accordance with state statute. The village board may, by ordinance, require an applicant to assume the cost of administration, public notice and due notice to interested parties.

(11)

Findings of fact and recommendation of zoning board of appeals. Within 60 days after the close of the public hearing on the proposed residential planned unit development special use permit, the zoning board of appeals shall make written findings of fact and shall submit same together with its recommendation to the village board. For the zoning board of appeals to make an affirmative recommendation, it must find in each of the following instances that:

a.

The establishment of a residential planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

b.

The residential planned unit development will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.

The residential planned unit development will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

d.

Adequate utilities, access roads, drainage and/or other necessary facilities have been, are being or will be provided.

e.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

Petitioner for the PUD shall be liable to the village for all legal and engineering fees incurred by the village in processing the PUD application. Said fees shall be paid to the village prior to the village's final vote on the PUD application.

(12)

Authorization. A residential planned unit development special use permit shall be authorized by the village board ordinance after a public hearing and recommendation from the zoning board of appeals. Such ordinance shall specify the maximum density (dwelling units per net acre), a coverage and height for the residential planned unit development and may include such other conditions and/or restrictions upon the location, design and construction as shall be deemed necessary to secure the general objectives of this chapter.

(13)

Effect of denial. No application for a residential planned unit development special use permit which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the zoning board of appeals.

(14)

Recorded plat required. A plat of the subdivision shall be recorded. Such plat will show building lines, common land, streets, easements and other applicable features required by chapter 78 of this Code. No building permits or occupancy permits shall be issued until after final approval of the residential planned unit development special use permit and recording of the subdivision plat is finally approved by the village board.

(15)

Guarantee of completion. Before final approval of a residential planned unit development special use permit, the board of appeals on its own initiative may recommend and the board may require a contract with safeguards satisfactory to the village attorney guaranteeing completion of the residential planned unit development in a period specified by the zoning board of appeals, but which period shall not exceed five years unless extended by the village board.

(16)

Revocation. In any case when construction of a residential planned unit development has not commenced within one year after the date of approval, the zoning board of appeals shall review such residential planned unit development and recommend to the village board whether or not the residential planned unit development special use permit should be revoked or continued.

(Code 1974, § 22-64; Ord. No. 2000-12, § 1, 4-4-2000)

(a)

Upon receipt of a request to change zoning in the village, the village authorities shall ascertain whether any of the contiguous property to the parcel which is requesting the zoning change, is currently zoned R-1.

(b)

If none of the contiguous property to the requested zoning change is currently zoned R-1, then the request for zoning shall be forwarded to the zoning board of appeals, and the zoning board of appeals shall comply with the notice requirements as directed by this chapter.

(c)

If, however, any of the property which is contiguous to the property which is the subject of a requested zoning change is currently zoned R-1, then the village shall perform the following steps to ensure proper notice to landowners in addition to the other notice requirements set forth by the village:

(1)

The village shall post a notice of the proposed change in zoning on the premises which are the subject of the zoning request.

(2)

The posted notice shall be no smaller than 8½ inches by 11 inches and will be posted on a pole by the village so that the notice is visible from the street, if possible.

(3)

Such notice of the proposed zoning change shall be posted not less than 15 days and no more than 30 days prior to the zoning board of appeals hearing for the village and shall remain continuously posted until such hearing date.

(4)

By requesting the zoning change, the landowner grants the village and its agents the right to enter the property subject to the zoning change to post and remove the notice as required by this section.

(5)

The notice as provided for in this section shall contain the following information:

a.

The name of the owners.

b.

The current zoning.

c.

The requested change in zoning.

d.

The date, time and place of the zoning board of appeals hearing.

(Code 1974, § 22-65)

To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure copies with all applicable provisions of this chapter, and in order that the village may have a record of each new or expanded use of a structure or site, a zoning permit is required before any building permit may be issued or any structure or site used; and a certificate of occupancy required by the village building chapter shall be issued only for a structure that conforms with the zoning permit.

(Code 1974, § 22-71)

(a)

Application for a zoning permit shall be made on a form prescribed by the village board of trustees and shall be accompanied by plans and additional information as necessary, in the opinion of the zoning officer, to demonstrate conformity with this chapter. The zoning officer shall check the application and all data submitted with it to see that all provisions of this chapter are being followed.

(b)

The applicant for the zoning permit shall tender to the village, along with their application, the sum set forth in the village's zoning, land use and development permit fee schedule which may be amended by the village from time to time by resolution or ordinance, to process the zoning permit except as provided in this section. All zoning permit applications for decks, fences, porches, patios, storage sheds and aboveground pools shall pay the application fee set forth in the village's zoning, land use and development permit fee schedule which may be amended by the village from time to time by resolution or ordinance. All applications requesting a zoning permit for the enclosure of existing porches or the enclosure of existing concrete slabs shall pay no application fee.

(c)

The fee stated in subsections (a) and (b) of this section shall be paid to the village prior to the village taking the final vote regarding the change in zoning. If the village discovers additional expenses after the zoning request is brought before the board of trustees for a final vote, those additional expenses over and above the application fee shall be paid by the applicant within 30 days from the final vote by the board of trustees.

(d)

If it becomes necessary for the village to institute legal proceedings and retain their attorney to ensure enforcement of this chapter, all costs incurred by the village in the enforcement of this chapter shall be considered an additional expense to any fine imposed by the court against the violator. These additional costs and legal expenses incurred by the village may be reduced to a judgment and may attach to the real estate for which the alleged violation of this chapter occurred or against any other real estate owned by the violator. For the purpose of this section, and this section only, the party deemed to have violated this chapter shall be the party whose name appears upon the application for the building or zoning permit.

(Code 1974, § 22-11; Ord. No. 2000-1, §§ 1—4, 1-4-2000; Ord. No. 2004-27, § 3, 8-3-2004; Ord. No. 2016-25, § 7, 8-1-2016)

The county building officer shall not issue a certificate of occupancy until all conditions of the zoning permit or special use permit are met.

(Code 1974, § 22-73)

The county building officer shall not issue building permits for signs or structures unless they conform to an approved zoning permit or a special use permit has been issued by the village zoning officer.

(Code 1974, § 22-74)

No permit shall be required with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land as set forth in 35 ILCS 5/5-12001.

(Code 1974, § 22-75)