A.

Appointment: The zoning administrator shall be appointed by the town president/mayor with the advice and consent of the town board. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997; amd. Ord. 2014-05, 7-28-2014)

B.

Duties: The zoning administrator or his duly appointed and acting assistant shall administer and enforce this title. It shall be the duty of the zoning administrator to:

1.

Receive and process applications for zoning certificates for structures or additions thereto for which building permits are required.

2.

Receive and process applications for zoning certificates not accompanied by an application for a building permit.

3.

Receive and process applications for an occupancy certificate upon the completion of a structure or when there is a change of use as herein provided.

4.

Conduct inspections of structures or the use of land to determine whether there is compliance with this title, and, in cases of any violation, to notify in writing the person or persons responsible, specifying the nature of the violation and ordering corrective action.

5.

Maintain in current status the official zoning map.

6.

Maintain permanent and current records required by this title, including, but not limited to, zoning certificates, occupancy certificates, useful life determinations and nonconforming use certificates, inspections, and all official action on appeals, variations and amendments. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

7.

Prepare and submit an annual report to the town president/mayor and board of trustees on the administration of this title, setting forth such statistical data and information as may be of interest or value in advancing and furthering the purposes of this title. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997; amd. Ord. 2014-05, 7-28-2014)

8.

Prepare and have available in book, pamphlet or map form, on or before March 31 of each year:

a.

The compiled text of this title, including all amendments thereto, through the preceding December 31; and

b.

An official zoning map, or maps, showing the zoning districts, divisions, and classifications in effect on the preceding December 31.

9.

Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of this title, and the rules of the zoning board of appeals. The corporate authorities may establish a fee to be charged any person desiring a copy of such map and/or to defray the cost of publication of such map and/or text.

10.

Act as custodian of the records of the board of appeals.

11.

Furnish members of the public with such forms for appeals and applications for variations as are approved by the board of appeals.

12.

Receive on behalf of the zoning board of appeals all such forms, when completed and executed by the appellant or applicant, or his agent or attorney.

13.

Discharge such other duties as may be placed upon the zoning administrator by this article. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

A.

Reserved. (Ord. 2008-03, 1-28-2008)

B.

Amendments:

1.

Manner of Proposing Amendments: The town board of trustees may amend this title in accordance with state law ^[11] and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the town board of trustees, the administrator, the board of appeals, the planning commission or any party in interest. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

2.

Filing Proposal; Required Information: Every proposal to amend this title shall be filed with the administrator on a prescribed form. The applicant must also provide articles of ownership at the time of application and public hearing. The administrator shall promptly transmit said proposal, together with any comments or recommendations he may wish to make to the planning commission for a public hearing. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980; amd. Ord. 1983-7, 9-26-1983; Ord. 1985-10, 6-10-1985)

3.

Public Hearing: The planning commission shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted to it. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

a.

By first class mail to all parties whose property would be directly affected by the proposed amendment; and

b.

By publication in a newspaper of general circulation within this municipality.

4.

Advisory Report, Findings of Fact: Within a reasonable time after the public hearing, the planning commission shall submit its advisory report to the town board of trustees. The report shall state the planning commission's recommendations regarding adoption of the proposed amendment, and its reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the planning commission shall include in its advisory report findings of fact concerning each of the following matters:

a.

Existing use(s) and zoning of the property in question.

b.

Existing use(s) and zoning of other lots in the vicinity of the property in question.

c.

Suitability of the property in question for uses already permitted under existing regulations.

d.

Suitability of the property in question for the proposed use.

e.

The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

f.

The effect the proposed amendment would have on implementation of this Municipality's Comprehensive Plan. (Ord. 1991-2, 9-9-1991)

5.

Action by Town Board of Trustees:

a.

Generally: The town board of trustees shall act on every proposed amendment within thirty (30) days following submission of the planning commission's advisory report. Without further public hearing, the town board of trustees may pass any proposed amendment or may refer it back to the planning commission for further consideration, by simple majority vote of all the members then holding office.

b.

Exception: The favorable vote of at least two-thirds (⅔) of all the members of the town board of trustees is required to pass an amendment to this title when the proposed amendment is opposed, in writing, by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered.

6.

Protest Against Amendment: If a written protest against any proposed amendment, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the town clerk, the amendment shall not be passed except by a favorable vote of two-thirds (⅔) of the town board of trustees. In such cases, the written protest shall be filed with the town clerk no later than four (4) calendar days prior to the town board meeting at which the planning commission's recommendation will be considered along with evidence that copies or the written protest have been served upon 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 attorney shown in the application for the proposed amendment.

7.

Effect of Denial: After a public hearing, no application for a proposed change or amendment which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the planning commission and the town board of trustees.

C.

Additional Standards and Criteria for Comprehensive Plan Changes and Amendments:

1.

Role of Comprehensive Plan in Administration of this Title: The comprehensive plan of the town shall serve as the basic policy guide for the administration of this title. The comprehensive plan is a statement of goals and policies to guide new development and redevelopment in the town. It, therefore, is the intent of the town to administer this title in accordance with the comprehensive plan. The goals and policies of the comprehensive plan may be amended from time to time to meet the changing requirements of the town. Such amendments may at times be necessary to accommodate proposed development or redevelopment of property that may be inconsistent with the comprehensive plan. This subsection therefore establishes the procedures for amending the comprehensive plan.

2.

Initiation of Amendments: An amendment to the comprehensive plan may be initiated only by the planning commission, the town board of trustees, or the owner of property proposing development of such property under this title that may be inconsistent with the comprehensive plan.

3.

Notification Requirements: No hearing shall be held on an application unless at least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper of general circulation in the town.

4.

Application for Amendment to Comprehensive Plan:

a.

Filing an Application: Where an amendment to the comprehensive plan is proposed by someone other than the planning commission or board of trustees, an application requesting the amendment shall be filed with the zoning administrator not less than twenty (20) days prior to the next planning commission meeting date. The application shall be accompanied by a written statement from the applicant stating the basis for the request.

b.

Staff Review: Upon receiving an application requesting an amendment, or upon an instruction from the board of trustees, or planning commission that it will consider a proposed amendment, the zoning administrator shall review the proposed amendment to evaluate its effect on the integrity of the comprehensive plan and this title. The zoning administrator may deliver copies of the proposed amendment to appropriate government agencies for review and comment. Prior to the scheduled public hearing, the zoning administrator shall deliver to the planning commission a written report incorporating or summarizing the comments of the zoning administrator, town engineer, other town departments, and other agencies.

c.

Action by the Planning Commission:

(1)

The planning commission shall hold a public hearing on the proposed amendment.

(2)

In considering the amendment, the planning commission shall review the proposed amendment, the standards set forth in subsection C.4.e. of this section, the report of the zoning administrator, and any oral and written comments received by the planning commission before or at the public hearing or otherwise made part of the record of the planning commission on the application. Based on this information, the planning commission shall submit, within a reasonable time, a report and recommendation to the town board of trustees on whether or not the proposed amendment should be adopted.

d.

Action by the Town Board: After receiving the recommendation and report of the planning commission, the town board shall within thirty (30) days review the recommendation and report and may pass the proposed amendment with or without change, may reject it, or may recommit it to the planning commission for further consideration. When the planning commission does not recommend approval of a comprehensive plan amendment, such proposed change or amendment shall not be passed except upon the favorable vote of two-thirds (⅔) of all members of the town board.

e.

Standards for Reviewing Proposed Comprehensive Plan Amendments: In deciding whether to recommend adoption of a proposed amendment to the comprehensive plan, the planning commission shall consider whether the amendment is necessary based on one or more of the following factors:

(1)

There has been a change in projections or assumptions (such as demographic trends or the availability of public facilities) from those on which the comprehensive plan is based;

(2)

The data used as the basis for formulating the comprehensive plan are in error or out of date;

(3)

New issues or needs have presented themselves to the town that are not adequately addressed in the comprehensive plan; or

(4)

The amendment will not adversely affect the character of the area in which the proposed development is to be located.

5.

Typographical or Drafting Errors: Notwithstanding any other provisions set forth above, amendments to correct typographical or drafting errors in the comprehensive plan may be adopted by the town board of trustees at a regular meeting without public notice and without a public hearing. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

A.

Appeals:

1.

General: An appeal from a decision of the zoning administrator made in interpreting this title may be taken to the hearing officer by any person, firm or corporation aggrieved by said decision or by any officer, department, board or bureau of the town.

2.

Procedure for Appeals:

a.

Application for Appeal: Such appeal shall be taken within forty-five (45) days of the ruling by the zoning administrator, by filing with the zoning administrator a notice of appeal, specifying the grounds thereof, and by filing said appeal and a copy of said notice of appeal with the town clerk.

b.

Action by the Zoning Administrator: The zoning administrator shall forthwith transmit to the hearing officer all of the papers constituting the records upon which he made the decision from which appeal has been taken. The notice of appeal and the appeal itself shall be filed in such number of copies, be in such form, and contain such information as the hearing officer may provide from time to time by general rule.

c.

Effect of Appeal: An appeal shall stay all proceedings in furtherance of the decision of appeal unless the zoning administrator certifies to the hearing officer after the notice of appeal has been filed with him that, by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than a restraining order, which may be granted by the hearing officer or by a court of record upon application following notice to the zoning administrator, and upon due cause shown.

d.

Hearing for an Appeal: The hearing officer shall select a reasonable time and place for the hearing of the appeal but no later than fifteen (15) days following receipt of the appeal request, unless the parties shall mutually agree otherwise, shall give due notice thereof to the parties having a known interest therein and shall render a written decision without unreasonable delay, all within the limitations imposed by this section.

e.

Action by the Hearing Officer: The hearing officer may reverse or affirm, in whole or in part, or may modify the decision from which the appeal was taken, and to that end the hearing officer shall have all the powers of the zoning administrator with respect to such decision.

3.

Effect of Decision by Hearing Officer: The final administrative decisions of hearing officer under this subsection A shall be subject to judicial review pursuant to the provisions of the administrative review law, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in section 3-101 of the code of civil procedure.

B.

Variations:

1.

Application for Variation: Every application for a variation shall be filed with the zoning administrator on a prescribed form. The applicant must also provide articles of ownership at the time of application and public hearing. The zoning administrator shall promptly transmit said application, together with any advice he might wish to offer, to the hearing officer. The application shall contain sufficient information to allow the hearing officer to make an informed decision, and shall include, at a minimum, the following:

a.

Name and address of the applicant.

b.

Location of the structure/use for which the variation is sought.

c.

Relationship of said structure/use to existing structure/uses on adjacent lots.

d.

Specific section(s) of this title containing the regulations which, if strictly applied, would cause a serious problem.

e.

Any other pertinent information that the zoning administrator may require.

2.

Limitation on Requests for Variations: No request for a variation shall be considered by the hearing officer for property which has been the subject matter of a previous request for a variation for a period of one year after the hearing officer has made a determination or recommendation for a variation on the same property. The hearing officer shall not consider any petition for rehearing of a variation request after a decision or recommendation on a variation has been made unless substantial changes have been made to the evidence or use to adjacent properties.

3.

Public Hearing, Notice: The hearing officer shall hold a public hearing on each variation request within a reasonable time after the variation application is submitted to it. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed variation, shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

a.

By first class mail to the applicant and to all parties whose property would be directly affected by the proposed variation.

b.

By publication in a newspaper of general circulation within the town.

4.

Standards for Variation: The hearing officer shall not grant any variation unless, based upon evidence presented during the public hearing, it is determined that:

a.

The proposed variation is consistent with the general purposes of this title.

b.

Strict application of the district requirements would result in a great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property.

c.

The proposed variation is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property.

d.

The plight of the applicant due to peculiar circumstances not of his own making.

e.

The peculiar circumstances engendering the variation request are not applicable to other property within the district, and therefore, that a variation would be a more appropriate remedy than an amendment (rezoning).

f.

The variation, if granted, will not alter the essential character of the area where the premises in question are located nor materially frustrate implementation of this municipality's comprehensive plan.

5.

Terms of Relief, Findings of Fact: The hearing officer shall make a recommendation to the town board on every variation request within a reasonable time after the public hearing. In accordance with 65 Illinois Compiled Statutes 5/11-13-14, the hearing officer shall specify the terms of relief granted (if any) in one statement and its findings of fact in another statement. The findings of fact shall clearly indicate the hearing officer's reasons for granting or denying any requested variation.

6.

Action by the Town Board: Within thirty (30) days of the hearing officer's recommendation, the town board shall accept, reject, or modify the hearing officer's recommendation. (Ord. 2010-10, 7-26-2010)

A.

Initial Certificates Of Zoning Compliance: Upon the effective date hereof, no new use of land or structure shall be established or changed; no construction, building, or reconstruction of any structure shall be commenced; no existing use of land or structure shall be enlarged, extended, altered, relocated or reconstructed; and no improvement of land preliminary to any use of such land shall be commenced until an initial certificate of zoning compliance has been issued by the zoning administrator. The administrator shall not issue an initial certificate of zoning compliance unless, following consultation with technically qualified persons as necessary, he determines that the proposed use and/or work conforms to the applicable provisions of this title.

1.

Application for Certificate:

a.

Submission of Application: Every applicant for an initial certificate of zoning compliance shall submit to the administrator, in written and/or graphic form, all the items of information listed below that are applicable to the particular project.

b.

Items of Information:

(1)

Name and address of the applicant.

(2)

Name and address of the owner or operator of the proposed structure or use, if different from subsection A.1.b(1) of this section.

(3)

Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters.

(4)

A plat of survey showing the property boundaries and dimensions, and the location of any easements located thereon and the location and dimensions of the proposed use or structure from the property boundaries, and its relationship to any existing adjacent uses or structures on the property.

(5)

Height of the proposed structure.

(6)

Number and size of proposed dwelling units, if any.

(7)

Location and number of proposed parking/loading spaces and accessways.

(8)

Identification and location of all existing or proposed utilities, whether public or private.

(9)

Any other pertinent information that the administrator may require.

c.

Fees: Applicants for initial certificates of zoning compliance shall pay applicable fees as prescribed in section 1-8-8 of this code.

2.

Duration of Certificate: An initial certificate of zoning compliance shall become null and void six (6) months after the date on which it is issued unless construction, moving, remodeling or reconstruction of a structure is commenced or a use is commenced within such six (6) month period.

3.

Relationship to Building Permits: Upon the effective date hereof, the building inspector shall not issue any building permit for the erection, enlargement, extension, alteration or reconstruction of any structure unless the applicant for such permit presents to the inspector a copy of the initial certificate of zoning compliance pertaining to such work.

B.

Final Certificates of Zoning Compliance: No structures or additions thereto, constructed, moved, remodeled, or reconstructed after the effective date of this title shall be occupied or used for any purpose, and no land vacant on the effective date of this title shall be used for any other use unless a final certificate of zoning compliance shall first have been obtained from the zoning administrator certifying that the proposed use or occupancy complies with all the provisions of this title. The administrator shall not issue a final certificate of zoning compliance until he has determined, by inspection, that the work authorized by the initial certificate of zoning compliance has been completed in accordance with approved plans. Failure to obtain a final certificate of zoning compliance shall constitute a separate violation of this title.

C.

Temporary Occupancy Certificate: Pending issuance of a final certificate of zoning compliance, a temporary occupancy certificate may be issued by the zoning administrator and may only be issued when extraordinary circumstances exist, i.e., unavailability of materials, inclement weather, etc., and when it will not jeopardize the life or property of the public.

1.

Purpose: A temporary certificate of occupancy may be issued if the sidewalk, driveway, parking area or other improvements required by this title or a planned development cannot be completed or installed prior to occupancy.

2.

Duration: A temporary certificate of occupancy shall not be issued prior to November 15 of any year or extend beyond June 30.

3.

Guarantee: Prior to the issuance of the temporary occupancy certificate and at the town's discretion, the builder or owner shall submit to the town a deposit of funds, a letter of credit, an escrow agreement, or other suitable guarantee subject to the town attorney's approval to cover the costs of providing the site work that has not been completed at the time of application for occupancy. The amount of the deposit, letter of credit, escrow agreement, or other security shall be determined by the town and shall be held by the town for the duration of the temporary occupancy certificate or until the site work has been completed in accordance with the approved site plan and inspected and approved by the town staff and/or consultants.

4.

Expiration: Temporary occupancy certificates shall expire no later than the expiration date given on the temporary occupancy certificate or the expiration date of the financial guarantee provided with the request for temporary occupancy certificate. If the remaining improvements are not installed by the date on which the temporary occupancy certificate or financial guarantee expires, the town may draw upon the security provided to install the required improvements and/or withhold further building permits and occupancy certificates from the builder, at the discretion of the town staff and/or consultants who have responsibility for approving the improvements. Following installation and completion of the improvements, a final certificate of zoning compliance shall be issued.

5.

Conflict: Where there is a conflict between this subsection C and subsection 8-1-6.B of this code, subsection 8-1-6.B of this code shall prevail. (Ord. 2008-12, 5-12-2008)

A.

Complaints Regarding Violations: Any property owner or tenant of real property may notify the zoning administrator in writing, of the alleged violation. Upon receipt of such notice, the zoning administrator shall take whatever action is warranted and inform the complainant in writing what actions have been or will be taken.

B.

Persons Liable: The owner, tenant, or occupant of any building or land or part thereof, any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this title may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

C.

Procedures Upon Discovery of Violations:

1.

If the zoning administrator finds that any provision of this title is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the zoning administrator's discretion.

2.

The final written notice (the initial written notice may be the final notice) shall state what action the zoning administrator intends to take if the violation is not corrected and shall advise that the zoning administrator's decision or order may be appealed to the hearing officer in accordance with section 9-9-3 of this chapter.

3.

Notwithstanding the foregoing, in cases where delay would seriously threaten the effective enforcement of this title or pose a danger to the public health, safety, or welfare, the zoning administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in section 9-9-8 of this chapter. (Ord. 1998-12, 9-28-1998)

Whenever any work is being done in violation of an initial certificate of zoning compliance, the zoning administrator's corrective action order may state the violation must cease immediately. In such case, the corrective action order is equivalent to a stop order. (Ord. 1998-12, 9-28-1998)

The board of trustees shall establish a schedule of fees, charges, and expenses for zoning certificates, site plan review, text and map amendments, special use permits, appeals, planned developments, variations, permits, and other matters pertaining to this title. The schedule of fees shall be provided in section 1-8-8 of this code and may be altered or amended from time to time by the board of trustees. (Ord. 2004-28, 8-9-2004)

A.

Any act constituting a violation of the provisions of this title or a failure to comply with any of its requirements, including violations of any conditions or safeguards established in connection with the grant of a variation or special use permit, shall be deemed a petty offense.

B.

Each day that a violation continues after notification by the zoning administrator that such violation exists shall be considered a separate offense for purposes of the remedies and penalties specified in this section.

C.

Nothing herein shall be construed to prevent the town from taking such other lawful action as is necessary or appropriate to prevent or remedy any violation.

D.

This title may also be enforced by any appropriate equitable action.

E.

At his discretion, the zoning administrator may cite the alleged violator by issuing a complaint setting forth the nature of the violation and the section violated. An initial court date shall be set not less than fourteen (14) days nor more than forty-nine (49) days after the date the complaint is issued. Upon conviction, penalties shall be as set forth in this section.

F.

Any one, all, or combination of the foregoing penalties and remedies may be used to enforce this title. (Ord. 1998-12, 9-28-1998)