(a)

Whosoever violates or fails to comply with any of the provisions of this chapter shall be guilty of an offense and fined not less than $100.00 nor more than $750.00. Except when fines and costs are paid by compromise payment as provided in subsection (b) below prior to court, the court clerk shall add to the fine any and all costs and fees upon an authorized disposition.

(b)

Any person accused of a violation of this chapter may settle and compromise said claim without a court appearance by payment of one half of the minimum required fine to the village clerk at the village hall within ten business days of the date of violation if the compromise box designation is so checked on the complaint and notice to appear form. A separate offense shall be deemed committed on each day or part thereof on which a violation occurs or continues or is permitted to occur or continue.

(c)

Enforcement of this chapter and any violations thereof may be cited in accordance with hearing procedures as set forth in chapter 6, article XIV, "Administrative Hearing and Adjudication Procedures".

(Ord. No. 850, § 7.14, 5-24-82; Ord. No. 86-13A, § 1, 1-5-87; Ord. No. 2003-35, § 2, 9-22-03; Ord. No. 2006-43, § 18, 12-11-06; Ord. No. 2009-52, § 3, 7-27-09)

State Law reference— Penalty for ordinance violations, 65 ILCS 5/1-2-1, 5/1-2-1.1.

(a)

The board of trustees shall establish a schedule of fees, charges and expenses required for zoning certificates, certificates of occupancy, business licenses, variations, special use permits, amendments, planned developments, appeals, mobile home parks and other matters pertaining to this chapter. Such fee shall be as set forth in article v of chapter 2 immediately to the right of the reference to section 28-33.

(b)

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

(c)

All fees shall be paid to the office of the village collector.

(Ord. No. 850, § 7.13, 5-24-82; Ord. No. 86-13A, § 1, 1-5-87)

(a)

The primary responsibilities of administering and enforcing the provisions of this chapter shall be vested in the following four offices of the government of the village:

(1)

Zoning administrator;

(2)

Zoning board of appeals;

(3)

Plan commission;

(4)

Board of trustees.

(b)

In addition to the previously mentioned administrative offices, other officials, appointees or employees of the village will be required to perform functions as specified in this chapter.

(c)

The principal administrative functions of this chapter are:

(1)

Variations;

(2)

Amendments (text and map);

(3)

Special use permits (including planned developments and mobile home parks);

(4)

Appeals.

(Ord. No. 850, § 7.1, 5-24-82)

The zoning administrator and such deputies or assistants that shall be duly appointed shall enforce the provisions of this chapter and in addition thereto shall:

(1)

Issue all zoning certificates and make and maintain records thereof;

(2)

Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this chapter;

(3)

Maintain permanent and current records of this chapter including, but not limited to maps, amendments, special use permits, variations, appeals and applications therefor;

(4)

Provide public information on all matters pertaining to this chapter;

(5)

Receive and forward to the plan commission all applications for special use permits; planned developments, mobile home parks and amendments (R-3, R-4 and B-4 applications only);

(6)

Receive and forward to the zoning board of appeals for appeals, variations, amendments and other matters the zoning board of appeals is required to act on under this chapter;

(7)

Receive and forward to the board of trustees all applications the board is required to act on;

(8)

Attend all meetings of the zoning board of appeals, plan commission, and board of appeals where action pertaining to this chapter will be considered;

(9)

Review at intervals not to exceed one year all provisions of this chapter and make reports of any recommendations to the board of trustees;

(10)

Secure the required signed affidavits from applicants in support of mailed or hand delivered notices to adjoining property owners and posted notices on the property; provide sufficient signs to applicants for posting notice on said property; effect the required newspaper notice of hearing.

(Ord. No. 850, § 7.2, 5-24-82; Ord. No. 97-12, § 2, 4-14-97)

(a)

The zoning board of appeals that exists on May 28, 1982 as established by ordinance pursuant to section 11-13-3 of the Illinois Municipal Code (65 ILCS 5/11-13-32) is hereby authorized to continue.

(b)

One member of the zoning board of appeals shall be designated by the village president, with the consent of the board of trustees, to serve as chairman and shall serve as such until his successor is appointed. The chairman shall have the authority to call meetings, preside over meetings, compel the attendance of witnesses and administer oaths.

(c)

One member of the zoning board of appeals shall be designated by the president with the consent of the board of trustees, to serve as secretary and shall serve as such until his successor is named. The duties of the secretary shall be to record the minutes of meetings, to maintain records in conjunction with the zoning administrator's office, and serve as acting chairman in the absence of the chairman.

(d)

The president with the consent of the board of trustees shall make appointments to fill any vacancies that may occur. The president, subject to the approval of the board of trustees, shall have the power to remove any member for a designated cause.

(e)

All meetings of the zoning board of appeals shall be held at the call of the chairman, and at such other times as the zoning board of appeals may determine. All hearings conducted shall be in accordance with law. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its hearings and other official actions. A copy of every rule, regulation, order, requirement, decision or determination of the zoning board of appeals shall be filed immediately in the office of the village clerk and zoning administrator and shall be public record. The zoning board of appeals shall adopt its own rules and procedures in keeping with the provisions of law. All adopted rules and procedures shall be reduced to writing and made available for the public.

(f)

The zoning board of appeals is hereby vested with the jurisdiction and authority:

(1)

To hear and decide appeals from any order requirement, decision or determination made by the zoning administrator or other administrative officer under this chapter.

(2)

To hear and review applications for amendments to this chapter and report findings and recommendations to the board of trustees (except those requesting an R-3, R-4 or B-4 rezoning).

(3)

To hear and make recommendations to the board of trustees on applications for variations from the requirements of this chapter.

(4)

To hear and make recommendations to the board of trustees on all matters as required under this chapter.

(g)

All decisions and findings of the zoning board of appeals on any appeal, after a public hearing, shall, in all instances, be the final administrative decision and shall be subject to judicial review as by law may be provided. The concurring vote of four members of the zoning board of appeals shall be necessary to reverse an order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant any matter upon which it is required to pass.

(Ord. No. 850, § 7.3, 5-24-82)

Cross reference— Boards and commissions, § 2-231 et seq.

(a)

A plan commission is hereby established. The plan commission shall consist of seven members appointed by the president with the advice and consent of the board of trustees. The appointed members shall serve the following staggered terms: One for one year; one for two years; one for three years; one for four years; one for five years; and two for six years. Each of the members shall be reappointed for a six-year term with one (or two) member's appointment expiring each year.

(b)

One member of the plan commission shall be designated by the president with the consent of the board of trustees to serve as chairman and shall serve as such until his successor is appointed. The chairman shall have the authority to call meetings, preside over meetings, compel the attendance of witnesses and administer oaths.

(c)

One member of the plan commission shall be designated by the president with the consent of the board of trustees to serve as secretary and shall serve as such until his successor is named. The duties of the secretary shall be to record the minutes of meetings, maintain records in conjunction with the zoning administrator's office and serve as acting chairman in the absence of the chairman.

(d)

The president with the consent of the board of trustees shall make appointments to fill any vacancies that may occur. The president, subject to the approval of the board of trustees, shall have the power to remove any member for a designated cause.

(e)

All meetings of the plan commission shall be held at the call of the chairman and at such other times as the plan commission may determine, provided the plan commission conducts a scheduled meeting no less frequently than once a month.

(f)

All hearings conducted by the plan commission under this chapter shall be in accordance with law. In all proceedings of the plan commission provided for in this chapter, the chairman, or in his absence, the acting chairman, shall have the power to administer oaths. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The plan commission shall keep minutes of its proceedings, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment and special use and every recommendation, order, requirement, decision or determination of the plan commission under this ordinance shall be filed in the office of the village clerk and shall be a public record. The plan commission shall adopt its own rules and procedures, not in conflict with this chapter or with applicable law.

(g)

The plan commission shall:

(1)

Hear and review all applications for special use permits, planned developments, mobile home parks and R-3, R-4, B-4, and B-B applications for rezoning, and report the findings and recommendations to the board of trustees.

(2)

Receive from the zoning administrator his recommendation as related to the effectiveness of this ordinance and report its conclusions and recommendations to the board of trustees not less frequently than once a year.

(3)

To hear and decide matters upon which it is required to pass under this chapter.

(4)

Consider and recommend to the board of trustees any item referred to the plan commission by the board of trustees.

(Ord. No. 850, § 7.4, 5-24-82; Ord. No. 85-10, 8-26-85; Ord. No. 88-11, § 2, 6-27-88; Ord. No. 92-04, § 1, 3-9-92; Ord. No. 96-47, § 2, 10-14-96; Ord. No. 96-47, § 2, 10-14-96)

Cross reference— Boards and commissions generally, § 2-231 et seq.

State Law reference— Plan commission, 65 ILCS 5/11-12-4 et seq.

The board of trustees shall:

(1)

Receive from the zoning board of appeals recommendations, amendments and variations to this chapter and determine final disposition of any such matter.

(2)

Receive all recommendations from the plan commission relating to special use permits, planned developments, mobile home parks, amendments for R-3, R-4, B-4, and B-B rezonings and determine the final disposition of any such application.

(3)

Review all applications for non-listed uses and determine the final disposition of any such application.

(4)

Decide all matters upon which it is required to pass under this chapter.

(Ord. No. 850, § 7.5, 5-24-82; Ord. No. 88-11, § 2, 6-27-88)

Except as otherwise provided, no permit pertaining to the use of land or buildings, including building permit, business licenses and occupancy permits shall be issued unless the application for such permit has been examined by the zoning administrator and has affixed to it his certificate, indicating that the proposed use of land, buildings or structures complies with all the provisions of this chapter. Any certification of zoning issued in conflict with the provisions of this chapter shall be null and void.

(Ord. No. 850, § 7.6, 5-24-82)

No certification shall be required for maintenance, repair, minor structural alterations determined to be routine and minor by the building inspector.

(Ord. No. 850, § 7.6-5, 5-24-82)

Every application for a certification of zoning with the exception of occupancy permits, or as hereinafter provided, shall be accompanied by:

(1)

Two copies of a current plat of the piece or parcel of land, lot, lots, block or blocks or parts or portions thereof, drawn to scale showing the actual dimensions and monumenting, as certified by a "registered Illinois land surveyor", as a true copy of the piece or parcel, lot, lots, block or blocks or portion thereof, according to registered or recorded plat of such land.

(2)

Two copies of additional drawings drawn to a scale in such form as may, from time to time, be presented by the zoning administrator showing the ground area, height and bulk of the building or structure, the building lines in relation to lot lines. The use to be made of the building, structure or land and such other information as may be required by the zoning administrator for the proper enforcement of this chapter.

(3)

Two copies of a plan detailing the number and configuration of parking spaces, points of ingress and egress, areas to be landscaped and construction specifications.

The zoning administrator may in those cases where in his judgement the information is not necessary because of existing evidence waive all or portions of the requirements of subsection s (1), (2) and (3) above.

(Ord. No. 850, § 7.6-1, 5-24-82)

Prior to affixing a certification of zoning to any occupancy permit, the zoning administrator shall conduct an on-site inspection of any building, structure, or use where an occupancy permit is required. When the zoning administrator has inspected such locations and determined that all provisions of this chapter have been complied with, he will affix a certification of zoning. Any certification of zoning issued in conflict with the provisions shall be null and void.

(Ord. No. 850, § 7.6-2, 5-24-82)

Within 15 days after the receipt of a complete and valid application the zoning administrator shall take action. If all provisions of this chapter have been complied with, the zoning administrator shall issue a certification of zoning. If the provisions of this chapter have not been met, the zoning administrator shall not issue a certification of zoning and will notify the applicant in writing of the reasons for refusal. If the zoning administrator fails to act within 15 days, the applicant may treat the application as denied and file an appeal to the zoning board of appeals in the manner prescribed in division 9 of this article.

(Ord. No. 850, § 7.6-3, 5-24-82)

If the certification of zoning is affixed to a business license or building permit, the certification shall remain valid for the period of validity of the business license or building permit. No certification of zoning for an occupancy permit shall be valid for a period longer than 180 days from the date of its issuance unless the use or occupancy authorized has been established within such period.

(Ord. No. 850, § 7.6-4, 5-24-82)

(a)

In specific cases where practical difficulties or a particular hardship would be incurred by the strict applications of the provisions of this chapter the zoning board of appeals, after conducting a public hearing, may recommend to the board of trustees a variance of the regulations of this chapter, but only in accordance with the requirements set forth in this division.

(b)

Variations from the regulations of this chapter shall be recommended by the zoning board of appeals only in accordance with the standards established in section 28-84 below, and may be recommended only in the following instances and in no others:

(1)

To permit any yard or setback less than a yard or a setback required by the applicable regulations;

(2)

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 75 percent of the required area and width;

(3)

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

(4)

To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 25 percent of the required facilities, whichever number is greater;

(5)

To increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served;

(6)

To permit a variation relative to the maximum height abovegrade, or the minimum elevation (head clearance) abovegrade of signs; to permit a variation relative to minimum setback requirements for signs; and to permit a variation relative to maximum projection of signs in all districts;

(7)

To permit a variation relative to minimum dwelling size within a residential district;

(8)

To permit a variation of the conditions of use or special requirements of any district;

(9)

To permit the reconstruction of a nonconforming building or structure which has been damaged or destroyed by fire, explosions, acts of God or acts of a public enemy;

(10)

Any requirement of sections 28-246, 28-247, 28-248, 28-250, 28-251, 28-252, 28-253, 28-255(a) and 28-313;

(11)

Any condition or provision related to a cannabis business establishment licensed pursuant to the Illinois Compassionate Use of Medical Cannabis Program Act or the Cannabis Regulation and Tax Act.

(Ord. Co. 850, §§ 7.7-1, 7.7-6, 5-24-82; Ord. No. 2005-36, § 2, 9-26-05; Ord. No. 2007-05, § 3, 2-12-07; Ord. No. 2019-22, § 2, 12-23-19)

The procedure for obtaining a variation from the requirements of this chapter shall be as follows:

(1)

An application for a variation shall be filed with the zoning administrator, who will forward such applications to the chairman of the zoning board of appeals. The application shall contain such information that the board of trustees may, by rule require.

(2)

The zoning board of appeals shall hold a public hearing within 60 days after receiving the application from the zoning administrator. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation in the village not more than 30 days nor less than 15 days before such hearing.

(3)

Appellant shall notify all adjoining property owners by regular mail or hand delivery at least five days prior to the hearing. Applicant shall provide a sworn certification to the village administrator that such was mailed or hand delivered with a listing of those notified. Further, the applicant and/or his assigned agent is required to erect at least one sign for every 500 linear feet of street frontage with a minimum of one sign on each street abutting the property. It will be the responsibility of the applicant and/or his assigned agent to ensure that the sign(s) is/(are) placed and maintained as herein provided. Failure to properly post sign(s) shall be grounds for deferral or denial of the application. Sign(s) shall be posted upon the subject property at least 15 days prior to the public hearing. The applicant and/or his assigned agent is responsible for removing said sign(s) within five days after the final determinations before the zoning board of appeals. Should the applicant and/or his assigned agent refuse or fail to remove such sign or signs as herein provided, the village administrator shall cause said sign(s) to be removed and shall bill the applicant for the cost of said removal. The applicant shall provide a sworn certification to the village administrator that such notice was posted and maintained upon the subject property prior to the public hearing. The village administrator may vary the provisions of this subsection (3) when these provisions are found inappropriate under the circumstances to provide the intended notice, and shall then require an alternative method of sign display that will provide the intended notice to the public. If an alternative method is deemed necessary, the required fees will be determined by the village administrator and paid by the applicant and/or his assigned agent.

(4)

Within 30 days of the public hearing the zoning board of appeals shall submit their findings and recommendations to the board of trustees. The zoning board of appeals may recommend approval or denial of any variation authorized in section 28-85, in accordance with the standards of section 28-84.

(Ord. No. 850, § 7.7-2, 5-24-82; Ord. No. 97-12, § 3, 4-14-97; Ord. No. 2003-14, § 2, 5-27-03; Ord. No. 2013-23, § 2, 12-9-13)

(a)

The board of trustees shall not act upon a proposed variation to this chapter until it shall have received a written report and recommendation from the zoning board of appeals on the proposed variation.

(b)

The board of trustees may grant or deny any application for a variation provided, however, that in case of a written protest against any proposed variation, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage, directly opposite the frontage proposed to be altered, is filed with the village clerk, the variation shall not be passed, except by a favorable vote of two-thirds of the board of trustees.

(c)

If an application for a proposed variation is not acted upon finally by the board of trustees within 90 days of the date the board of trustees receives the zoning board of appeals recommendations, and such time is not extended by mutual consent of the board of trustees and petitioner, it shall be deemed to have been denied.

(Ord. No. 850, § 7.7-3, 5-24-82)

State Law reference— Variations generally, 65 ILCS 5/11-13-3.1 et seq.; certain variations to be granted by two-thirds vote of board of trustees, 65 ILCS 5/11-13-10.

The zoning board of appeals shall not make a recommendation to the board of trustees to vary the regulations of this chapter, unless in each specific case there are findings of practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the use, construction or alteration of buildings or structures or the use of land and in making said findings, the zoning board of appeals shall consider the following factors:

(1)

Whether the conditions upon which an application for a variation is based are unique;

(2)

Whether the purpose of the variation is based exclusively upon a desire to increase financial gain;

(3)

Whether the granting of the variation will be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located and whether the variation, if granted, will alter the essential character of the locality;

(4)

Whether the proposed variation will 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, or endanger the public safety, or substantially diminish or impair property values within the neighborhood; and

(5)

Whether the alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the property.

The zoning board of appeals may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established in this section and the objectives of this chapter.

(6)

Where the zoning board of appeals is considering a variance application to code requirements found in section 28-255, exterior surface requirements, in addition to considering the above factors (1) through (5) that may apply, the following factors are also to be considered:

a.

Architectural design features which would unreasonably limit the incorporation of a masonry exterior;

b.

The overall building height, square footage, length of sidewall dimensions and location of foundation in relation to lot lines and structures in the area taking into consideration the smaller the home and closer proximity to adjacent structures the greater requirement for masonry;

c.

Any local historical evidence of exterior building materials on residential home design styles identified or recognized by the American Institute of Architects as 19 ^th century up to the mid 20 ^th century in origin;

d.

The existence or lack thereof of architectural features on all elevations.

(Ord. No. 850, § 7.7-4, 5-24-82; Ord. No. 97-13, § 1, 4-14-97; Ord. No. 2005-36, § 2, 9-26-05)

State Law reference— Prerequisites for variances, 65 ILCS 5/11-13-4, 5/11-13-5.

No ordinance varying the requirements of this chapter shall be valid for a period longer than one year from the date of such ordinance unless the permitted variation has been substantially implemented.

(Ord. No. 850, § 7.7-6, 5-24-82)

No application for a variation which has been denied by the board of trustees shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the board of trustees.

(Ord. No. 850, § 7.7-7, 5-24-82)

The regulations and districts established by this chapter may be amended from time to time by the board of trustees through the enactment of an amending ordinance. No such amending ordinance shall be adopted prior to zoning board of appeals conducting a public hearing and submitting a report of its finding and recommendations to the board of trustees.

(Ord. No. 850, § 7.8-1, 5-24-82)

Amendments may be proposed by the board of trustees, zoning board of appeals, plan commission and by any other person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.

(Ord. No. 850, § 7.8-2, 5-24-82)

(a)

With the exceptions of application to rezone property to an R-3, R-4, B-4, or B-B district (such applications shall be processed in accordance with division 7 of this article). The process for amending this chapter shall be as follows:

(1)

An application for an amendment shall be filed with the zoning administrator, who shall forward such application to the board of trustees prior to the next scheduled meeting of the board of trustees. The application shall be in such form and contain such information and be accompanied by such plans as the board of trustees may by rule require.

(2)

A copy of such application shall thereafter be forwarded by the village clerk to the chairman of the zoning board of appeals with a request to hold a public hearing.

(3)

The zoning board of appeals shall hold a public hearing within 60 days after receiving the application from the board of trustees. Notice of time and place of the hearing shall be published at least once in a newspaper of general circulation in the village not more than 30 days nor less than 15 days before such hearing.

(4)

Applicant shall notify all adjoining property owners by regular mail or hand delivery at least five days prior to the hearing. Applicant shall provide a sworn certification to the village administrator that such notice was mailed or hand delivered with a listing of those notified. Further, the applicant and/or his assigned agent is required to erect at least one sign for every 500 linear feet of street frontage with a minimum of one sign on each street abutting the property. It will be the responsibility of the applicant and/or his assigned agent to ensure that the sign(s) is/(are) placed and maintained as herein provided. Failure to properly post sign(s) shall be grounds for deferral or denial of the application. Sign(s) shall be posted upon the subject property at least 15 days prior to the public hearing. The applicant and/or his assigned agent is responsible for removing said sign(s) within five days after the final determination before the zoning board of appeals. Should the applicant and/or his assigned agent refuse or fail to remove such sign or signs as herein provided, the village administrator shall cause said sign(s) to be removed and shall bill the applicant for the cost of said removal. The applicant shall provide a sworn certification to the village administrator that such notice was posted and maintained upon the subject property prior to the public hearing. The village administrator may vary the provisions of this subsection (4) when these provisions are found inappropriate under the circumstances to provide the intended notice, and shall then require an alternative method of sign display that will provide the intended notice to the public. If an alternative method is deemed necessary the required fees will be determined by the village administrator and paid by the applicant and/or his assigned agent.

(5)

The zoning board of appeals shall within 60 days after the hearing transmit a written report giving its findings and recommendations to the board of trustees.

(b)

Where the purpose or effect of a proposed amendment is to change the zoning classification of particular property, the zoning board of appeals shall make findings based upon evidence presented to it in each specific case with respect to the following matters:

(1)

Existing uses of property within the general area of the property in question.

(2)

The zoning classification of property within the general area of the property in question.

(3)

The suitability of the property in question for the use permitted under the existing zoning classification.

(4)

The trend of development, if any, in the general area of the property in question, including changes if any, which have taken place since the day the property in question was placed in its present zoning classification.

(5)

Conformance or nonconformance with the officially adopted plans of the village.

(c)

The zoning board of appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The zoning board of appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any different classification than that requested by the applicant.

(Ord. No. 850, § 7.8-3, 5-24-82; Ord. No. 88-11, § 2, 6-27-88; Ord. No. 97-12, § 4, 4-14-97; Ord. No. 2003-14, § 2, 5-27-03; Ord. No. 2013-23, § 2, 12-9-13)

(a)

The board of trustees shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the zoning board of appeals the proposed amendment.

(b)

The board of trustees may grant or deny an application for an amendment; provided, however, that in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage, directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed, except by a favorable vote of two-thirds of the board of trustees.

(c)

If an application for a proposed amendment is not acted upon finally by the board of trustees within 90 days of the date the board of trustees receives the zoning board of appeals recommendations, and such time is not extended by mutual consent of the board of trustees and petitioner, it shall be deemed to have been denied.

(Ord. No. 850, § 7.8-4, 5-24-82)

No application for a zoning map amendment which has been denied by the board of trustees shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the board of trustees.

(Ord. No. 850, § 7.8-5, 5-24-82)

In any case where a change of boundary lines of the zoning district map has been granted, and where no development has taken place within two years, the zoning board of appeals may hold a public hearing, after notice of public hearing has been given, and recommend to the board of trustees that such zoning be affirmed or repealed and rezoned to its most appropriate district classification.

(Ord. No. 850, § 7.8-6, 5-24-82)

(a)

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

(1)

Uses publicly operated or traditionally affected with a public interest.

(2)

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

(3)

Uses, either public or private that because of past or present conditions need special consideration.

(b)

A special use permit shall authorize only such uses that are listed on the permit and only under the conditions of this chapter and any such other conditions that may be made part of the special use permit. A special use permit shall be null and void unless work thereon is substantially under way within 12 months of the date of issuance. The board of trustees, based on evidence presented in a written application may extend the 12-month limit for implementing uses permitted by a special use permit.

(Ord. No. 850, §§ 7.9-1, 8.3-8, 5-24-82)

Special use permits may be granted by the board of trustees, but only in accordance with the requirements set forth in this division.

(Ord. No. 850, § 7.9-2, 5-24-82)

With the exception of special uses for planned development and for mobile home park applications, (such applications shall be processed in accordance with divisions 7 and 8 of this article) the process for obtaining a special use permit shall be as follows:

(1)

An application for a special use permit shall be filed with the zoning administrator, who shall forward such application to the board of trustees prior to the next scheduled meeting of the board of trustees. The application shall be in such form and contain such information and be accompanied by such plans as the board of trustees may, by rule require.

(2)

A copy of such application shall thereafter be forwarded by the village clerk to the chairman of the plan commission with a request to conduct a public hearing.

(3)

The plan commission shall hold a public hearing within 60 days after receiving the application from the board of trustees. Notice of time and place of the hearing shall be published at least once in a newspaper of general circulation in the village not more than 30 days nor less than 15 days before such hearing.

(4)

The plan commission shall within 60 days after the hearing transmit a written report detailing its findings and recommendations, to the board of trustees. The report should contain:

a.

The extent to which the proposed special use departs from the zoning and subdivision regulations of the village.

b.

The conformance or non-conformance of the proposed special use with the standards of section 28-125.

c.

The relationship and compatibility of the proposed special use to adjacent properties and neighborhoods.

d.

The effect of the proposed special use on the development pattern, tax base and economic well being of the village.

e.

Any necessary conditions or guarantees.

(Ord. No. 850, § 7.9-3, 5-24-82)

State Law reference— Special use permit hearings, 65 ILCS 5/11-13-7.

(a)

After receiving the plan commission report, the board of trustees may, based on the standards contained in section 28-124 grant or deny the application for a special use permit; provided, however, that in the case of a written protest against proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage, directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed, except by a favorable vote of two-thirds of the board of trustees.

(b)

The ordinance granting a special use permit shall include all conditions of such special use permit.

(c)

If an application for a proposed special use is not acted upon finally by the board of trustees within 90 days of the date the board of trustees receives the plan commission report, and such time is not extended by mutual consent of the board of trustees and the petitioner, it shall be deemed to have been denied.

(Ord. No. 850, § 7.9-4, 5-24-82)

No special use permit shall be granted unless:

(1)

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

(2)

The special use 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.

(3)

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

(4)

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

(5)

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

(6)

The special use shall in all other respects conform to the applicable regulation of the district in which it is located, except as such regulations may in each instance be modified by the board of trustees pursuant to the recommendation of the plan commission.

(Ord. No. 850, § 7.9-5, 5-24-82)

No application for a special use permit which has been denied by the board of trustees shall be resubmitted for a period of one year from the date of the order of denial except on grounds of new evidence or proof of change of condition found to be valid by the board of trustees.

(Ord. No. 850, § 7.9-6, 5-24-82)

Planned developments are of a substantially different nature than other special uses permitted under this chapter, therefore, the procedures and standards in this division shall govern the processing, approval and development of planned developments.

(Ord. No. 850, § 7.10, 5-24-82)

The planned development is allowed for the purpose of obtaining the following objectives; any recommendations or approvals of a planned development shall be based on a consideration of how the planned development achieves the objectives:

(1)

Variety and flexibility in land development that is necessary to meet changes in technology and demand, that will be consistent with the best interests of the entire village.

(2)

The allocation, maintenance, and permanent preservation of common open space, recreation areas and facilities; to offer, recreational opportunities close to home, to enhance the appearance of neighborhoods by the conservation of natural resources.

(3)

A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other provisions of this chapter.

(4)

A pattern of development to preserve natural vegetation, topographic and geologic features, air and water quality, and other natural resources and amenities.

(5)

A creative approach to the use of land and related physical facilities, that results in better development and design, and the construction of aesthetic amenities.

(6)

An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings and other facilities.

(7)

Land use which promotes the public health, safety, comfort and welfare.

(8)

Innovations in residential, commercial and industrial development so that growing demands of the population may be met by greater variety in type, design, and layout of space ancillary to the buildings.

This division is not intended as a panacea and should not be utilized as a device for making increased densities more palatable, or as a means of circumventing the village's development regulations. This division should only be employed in instances where there is truly some benefit for the community to be derived from its use.

(Ord. No. 850, § 7.10-1, 5-24-82)

(a)

The process for review and approval of planned developments shall be as follows:

(1)

Pre-application conference. Prior to the filing of a formal application the developer shall request a pre-application conference with the zoning administrator and the appropriate village staff as well as representatives of the board of trustees or the plan commission. The pre-application conference is mandatory but does not require formal application or fee.

The purpose of the pre-application conference is to make advice and assistance available to the applicant before presentation of the preliminary plan, so that the applicant may determine:

a.

Whether the proposed planned development appears in general to be in compliance with the provisions of this chapter and other applicable ordinances;

b.

Whether any zoning amendment or variation is required in connection with the proposed planned development;

c.

Whether the proposed planned development will be in conformity with the land-use policies and objectives of the village, as expressed from time to time by appropriate ordinances or resolutions of the board of trustees.

(2)

Preliminary plan application.

a.

Application for approval of a planned development shall be filed with the zoning administrator. This application shall contain the information listed in section 28-144 and any information the board of trustees may, by rule require. The application and supporting plans and information shall be forwarded to the board of trustees prior to the next scheduled meeting of the board of trustees.

b.

After the board of trustees has formally received the application, the application shall be forwarded by the village clerk to the chairman of the plan commission with the request to conduct a public hearing for the purpose of considering the application.

c.

The plan commission shall hold a public hearing within 60 days after receiving the application from the board of trustees. Notice of time and place of the hearing shall be published at least once in a newspaper of general circulation in the village not more than 30 days nor less than 15 days before such hearing.

d.

Appellant shall notify all adjoining property owners by regular mail or hand delivery at least five days prior to the hearing. Applicant shall provide a sworn certification to the village administrator that such notice was mailed or hand delivered with a listing of those notified. Further, the applicant and/or his assigned agent is required to erect at least one sign for every 500 linear feet of street frontage with a minimum of one sign on each street abutting the property in order to adequately inform the public. It will be the responsibility of the applicant and/or his assigned agent to ensure that the sign(s) is/(are) placed and maintained as herein provided. Failure to properly post sign(s) shall be grounds for deferral or denial of the application. Sign(s) shall be posted upon the subject property at least 15 days prior to the public hearing. The applicant and/or his assigned agent is responsible for removing said sign(s) within five days after the final determination before the plan commission. Should the applicant and/or his assigned agent refuse or fail to remove such sign or signs as herein provided`, the village administrator shall cause said sign(s) to be removed and shall bill the applicant for the cost of said removal. The applicant shall provide a sworn certification to the village administrator that such notice was posted and maintained upon the subject property prior to the public hearing. The village administrator may vary the provisions of this subsection d. when these provisions are found inappropriate under the circumstances to provide the intended notice, and shall then require an alternative method of sign display that will provide the intended notice to the public. If an alternative method is deemed necessary the required fees will be determined by the village administrator and paid by the applicant and/or his assigned agent.

e.

The plan commission shall within 60 days after the hearing transmit a written report detailing its findings and recommendations to the board of trustees. The report should contain:

1.

The degree to which the proposed planned development achieves the objectives of section 28-142.

2.

The relationship and compatibility of the proposed planned development with adjacent properties and neighborhoods.

3.

The effect of the proposed planned development on the development pattern, tax base and economic well-being of the village.

4.

The specific relief and variations from the zoning and subdivision regulations of the village.

5.

Any necessary revisions, conditions or guarantees.

(3)

Action by board of trustees on preliminary plan. The board of trustees after receipt of the preliminary plan of the planned development, shall approve, modify or disapprove such preliminary plan. The board of trustees may require such special conditions in the approval of the preliminary plan, as it may deem necessary to insure conformity with the intent of all comprehensive plan elements and the stated purposes of the planned development.

Upon approval by the board of trustees of the preliminary plan by resolution, a record shall be prepared, including findings of fact and setting forth the terms of relief and/or variations granted from existing ordinances in general. No building permit shall be issued for any structure until a final planned development plan has been filed and approved.

Approval of a preliminary planned development plan shall not constitute approval of the final plan, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan or plans. The final plan or plans shall be submitted by the developer, not later than one year (or such additional time, as may be authorized by the board of trustees) after approval of the preliminary plan, for approval by the corporate authorities of the village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions, if any, of the preliminary approval. The final plan shall be approved as the final land-use and zoning plan if it conforms substantially with the preliminary plan. The preliminary and final plan may be filed and approved simultaneously, if all requirements hereof are met.

(4)

Final plan. The final plan of the planned development shall conform substantially to the preliminary plan and contain the materials required by section 28-145 if desired by the developer, the final plan may be submitted in stages with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of the final plan of a planned development shall require the following:

a.

The final plan and supporting data shall be filed with the zoning administrator and forwarded by him to the plan commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.

b.

If the planned development constitutes a subdivision, a final subdivision plat shall be submitted. Any such final subdivision plat shall set forth on the face thereof suitable dedications of permanent open space to be owned in common; easements, rights-of-way; and all other information required for a final plat by chapter 23 of this Code, as the same may be amended and in force from time to time.

c.

A final site plan of the planned development shall be filed indicating the locations of all buildings, all parking and loading spaces, and any other special structure, facility, or feature approved or required by the board of trustees.

d.

The final version of the covenants, if any, by which the applicant proposes to regulate land-use and otherwise protect the proposed development, accompanied by the written representation and warranty of the applicant, in form and substance satisfactory to the village attorney, to the effect that the owner of the real property which is the subject of the proposed planned development has not sold or otherwise disposed of any interest in the property and will not sell, or otherwise dispose of any such interest, prior to the filing for record of said covenants in the office of the county recorder of deeds.

e.

Such deeds or easement agreements, if any, as are required or approved the board of trustees, shall be filed in form and substance approved by the village attorney, conveying a suitable ownership interest in the parcels within the proposed planned development which are to be subject to public or common ownership.

f.

Filing a copy of the articles of incorporation of the homeowners', merchants', or industrial owners' association, if any, required or approved by the board of trustees, certified by the Secretary of the State of Illinois; not more than 30 days prior to the filing of the final plan; a certificate of good standing for such corporation issued by the Secretary of the State of Illinois, as of a date not more than 30 days prior to the filing of such final plan; and a copy of the bylaws of such corporation certified by the secretary thereof as being a true, correct, and complete copy of such bylaws, as of a date not more than 30 days prior to the filing of such final plan.

(5)

Approval of final plan by board of trustees. Upon receipt of the final plans and supporting information and a plan commission report confirming the conformance of the final plan with the preliminary plan the board of trustees shall by resolution approve the final plan.

(6)

Recordation. Approval by the board of trustees of the final plan for any proposed planned development shall be effective only for a period of 40 days after the date of such approval unless, within such 90-day period, the applicant shall record or cause the recordation of the final plan, including any final subdivision plan, the final restrictive covenants, and the deeds and/or easement agreement required or approved by the board of trustees, in the office of the county recorder of deeds.

(b)

Any applications for amendments to this chapter that would result in the rezoning of property to an R-3, R-4, B-4, or B-B district shall follow the process and meet the requirements of subsection (a) with the following exceptions:

(1)

The notice of public hearing shall state that the purpose of the public hearing is to consider amending the zoning ordinance to rezone property to a R-3, R-4, B-4, or B-B district.

(2)

In lieu of subsection (a)(3), the following shall apply:

Upon receipt of the preliminary plan and the plan commission recommendations, the board of trustees may grant or deny the application for amendment; provided, however, that in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds of the board of trustees. If the board of trustees adopts the ordinance rezoning property to a R-3, R-4, B-4, or B-B district, it shall also adopt a resolution approving the preliminary plan.

No building permit shall be issued until a final plan has been approved.

(Ord. No. 850, § 7.10-2, 5-24-82; Ord. No. 88-11, § 2, 6-27-88; Ord. No. 97-12, § 5, 4-14-97; Ord. No. 2003-14, § 2, 5-27-03; Ord. No. 2013-23, § 2, 12-9-13)

The following information shall be required with all preliminary plans:

(1)

A drawing of the planned development shall be prepared at a scale of not less than one inch equals 200 feet and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

a.

Boundary lines—Bearings and distances.

b.

Easements—Location, width, and purpose.

c.

Streets on, and adjacent to, the tract—Street name, right-of-way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.

d.

Utilities on, and adjacent to, the tract—Location, size, and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and streetlights; direction and distance to, and size of, nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.

e.

Ground elevations on the tract—For land that slopes less than one-half percent, show one-foot contours; show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions; for land that slopes more than one-half percent show two-foot contours.

f.

Subsurface conditions on the tract, if required by the village engineer—Location and results of tests made to ascertain subsurface soil, rock, and groundwater conditions; depth to groundwater, unless test pits are dry at a depth of five feet.

g.

Zoning on, and adjacent to, the tract.

h.

Internal uses of each building or structure, as well as the specific overall land-use of the premises.

i.

Title and certificates—Present tract designation according to official records in offices of the county recorder of deeds; title under which the proposed development is to be recorded, with names and addresses of owners, and notation stating acreage.

j.

Names—The names and addresses of the persons to whom notices of hearings hereunder may be sent including the subdivider, the designer of the subdivision, and the owners of the land immediately adjoining the land to be platted.

k.

Open space—All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.

l.

General location, purpose, and height of each building, other than single-family residence on individually platted lots.

m.

Map data—Name of development, north point, scale and date of preparation.

n.

Approximately square footage of each use.

o.

Number of units—Dwelling, business or industrial.

(2)

Explanation of the character of the planned development and the reasons why it has been planned to take advantage of the flexibility of these regulations.

(3)

Statement of present and proposed ownership of all land within the project.

(4)

A development schedule indicating:

a.

Stages in which project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each state. Overall design of each stage shall be shown on the plan and through supporting graphic material.

b.

Approximate dates for beginning and completion of each stage.

(5)

Proposed agreements, provisions, or covenants which will govern the use, maintenance, and continued protection of the planned development and any of its common open space.

(6)

Information on the density of residential uses, including dwelling units per acre, the number of dwelling units by type, and the number of buildings by type.

(7)

Information on the type and amount of ancillary and nonresidential uses in a residential development, including the amount and location of common open space.

(8)

Information on all service facilities and off-street parking facilities.

(9)

Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size, and type of dwelling units.

(10)

Preliminary plans for (items c—g may be waived by the plan commission):

a.

Roads, including classification, width of right-of-way, width of pavement, and construction details.

b.

Sidewalks, walkways, bikepaths.

c.

Sanitary sewers.

d.

Storm drainage.

e.

Water supply system.

f.

Underground lighting program.

g.

A general landscape planting plan.

(11)

A traffic impact study conducted by a transportation engineer (mutually agreed on by the board of trustees and the developer), detailing the projected traffic impact of a proposed development shall be prepared at the request of the plan commission.

(Ord. No. 850, § 7.10-4, 5-24-82)

(a)

A final plan, suitable for recording with the county recorder of deeds shall be prepared. The purpose of the planned development plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. The final plan of the planned development shall include, but not be limited to:

(1)

An accurate legal description of the entire area under immediate development within the planned development.

(2)

If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of chapter 23 of this Code.

(3)

An accurate legal description of each separate unsubdivided use area, including common open space.

(4)

Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put.

(5)

Certificates, seals, and signatures required for the dedication of land and recording of the document.

(6)

Tabulations on each separate unsubdivided use area, including land areas, number of buildings, number of dwelling units per acre.

(b)

All common open space, at the election of the village, shall be:

(1)

Conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or adjoining property owners or any one or more of them; or

(2)

Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement running with the land for the benefit of residents of the planned development or adjoining property owners and/or both.

(c)

All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plan, or a performance bond, irrevocable letter of credit, certificate of deposit or other guarantee of improvements for an amount determined by the village engineer in a form approved by the village attorney shall be provided to guarantee the completion of all public facilities not completed at the time of final plat approval.

(d)

Final agreements, provisions, or covenants shall govern the use, maintenance, and continued protection of the planned development.

(Ord. No. 850, § 7.10-5, 5-24-82)

All planned developments shall be developed in strict compliance with the recorded final plan and supportive data. All final plans and covenants filed and recorded hereunder shall be contractual undertakings by, and shall be binding upon, the applicants therefor, the owners of the land covered by such planned development, their successors and assigns, and shall limit and control the construction, location, use and operation of all land in such planned development, and all improvements and structures to be located thereon. No changes shall be made in the planned development except as follows:

(1)

Changes which alter the concept of intent of the planned development including increases in the density, increases in the height of buildings, reductions of proposed open space, changes in road standards, utilities, water, electricity, and drainage, or changes in the final governing agreements, provisions, or covenants, may be approved only by submission of a new preliminary plan and supporting data, and following the "preliminary approval" steps and subsequent amendment of the final plan of the planned development.

(2)

The plan commission may approve minor changes in the planned development which do not change the concept or intent of the development, without going through the preliminary approval steps. Minor changes are defined as any change not defined as a major change.

(Ord. No. 850, § 7.10-6, 5-24-82)

The plan commission may recommend, and the board of trustees may authorize that there be permitted in part of the area of a proposed planned development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which development is located, provided that the plan commission shall find:

(1)

That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the planned development;

(2)

That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;

(3)

That not more than 30 percent of the ground area of the planned development shall be devoted to such specified use exceptions; provided, however, that in a residential planned development not more than eight percent of the total ground area in the planned development which is zoned for residential purposes shall be devoted to uses first permitted within the business zoning districts; and no ground area in the residential planned development shall be devoted to uses first permitted within the I-1 district.

(Ord. No. 850, § 7.10-7, 5-24-82)

(a)

In the case of any planned development, the plan commission may recommend, and the board of trustees may authorize exceptions to the applicable bulk regulations of this chapter within the boundaries of such planned development, provided that the plan commission shall find:

(1)

That such exception shall be solely for the purpose of promoting an integrated site plan more beneficial to the residents or occupants of such development as well as the neighboring property, than otherwise would be obtained under the bulk regulations of this article for buildings developed on separate zoning lots;

(2)

That the overall floor area ratio for the planned development would not exceed by more than 30 percent, the maximum floor area ratio which would be determined on the basis of the floor area ratio required for the individual uses in such planned developments, as stipulated in each district;

(3)

That along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which said development is located.

(b)

The maximum permitted gross density of planned developments within the residential districts shall be as follows:

(Ord. No. 850, § 7.10-8, 5-24-82)

(a)

"Permanent common open space" shall be defined as parks, playgrounds, parkway medians, landscaped green space, schools, community centers, or other similar areas in public ownership or areas covered by an open space easement.

(b)

No plan for a planned development shall be approved, unless such plan provides for permanent open space equivalent to at least 30 percent of the total area in single-family residential planned developments, 40 percent in multiple-family planned developments, and ten percent in a shopping center or industrial planned development.

(Ord. No. 850, § 7.10-9, 5-24-82)

A minimum distance of 25 feet shall be maintained between detached residential buildings.

(Ord. No. 850, § 7.10-10, 5-24-82)

(a)

A request for a special use permit for a mobile home park shall be subject to the same requirements and procedures as a planned development as detailed in division 7 of this article.

(b)

The zoning administrator with the consent of the plan commission may vary requirements of division 7 if in their opinion the requirements are clearly not applicable to a mobile home park.

(Ord. No. 850, § 7.11, 5-24-82)

Cross reference— Mobile home parks, ch. 14.

(a)

The zoning board of appeals shall hear and decide appeals from any order, requirement or determination made by the zoning administrator or other administrative official.

(b)

An appeal, in which it is alleged that there is error in any decision made by the zoning administrator under this chapter, may be taken to the zoning board of appeals by any person or government agency aggrieved by such decision.

(c)

An appeal shall be filed with the village clerk in such a form that the board of trustees may, by rule require. The village clerk shall, without delay, forward to the zoning board of appeals a notice of the appeal together with all of the information constituting the record upon which the decision appealed was made.

(Ord. No. 850, §§ 7.12-1, 7.12-2, 5-24-82)

An appeal shall stay all proceedings in furtherance of the decision appealed unless the zoning administrator certifies to the zoning board of appeals after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed unless by a restraining order, which may be granted by the board of trustees or by a court of record on application, on notice to the zoning administrator and on due cause shown.

(Ord. No. 850, § 7.12-3, 5-24-82)

State Law reference— Similar provisions, 65 ILCS 5/11-13-12.

The zoning board of appeals shall select a reasonable time and place for the hearing of the appeal and give notice thereof to the parties including the applicant and the zoning administrator. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation in the village not more than 30 days nor less than 15 days before such hearing.

(Ord. No. 850, § 7.12-4, 5-24-82)

The zoning board of appeals shall render a written decision on the appeal within a reasonable time, but in no event more than 90 days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties. The zoning board of appeals may affirm or may, upon the concurring vote of four members, reverse, wholly or in part, or modify the decision of the zoning administrator, as in its opinion ought to be done, and to that end shall have the powers of the zoning administrator. All decisions, after hearing the zoning board of appeals from the administrative order, requirement, decision or determination of the zoning administrator shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable law.

(Ord. No. 850, § 7.12-5, 5-24-82)

State Law reference— Appeals from decision of board of appeals, 65 ILCS 5/11-13-13.