It shall be the duty of the Village Board of Trustees to enforce this title. (Ord. 487, 1-7-2002, eff. 2-6-2002)

A.   The Board of Trustees may, from time to time, on its own motion or on petition, amend, supplement, or change by ordinance the regulations in the districts herein or subsequently established, but no such amendments shall be made without a public hearing before the Board of Zoning Appeals and Planning and its report to the Board of Trustees. Notice of the time, place and purpose of such hearing shall be given by legal notice as required by law. The petitioner requesting rezoning or special use action shall publish a map depicting the property involved with the legal notice. In addition, the Village shall post conspicuously on the petitioner's property, on the first working day following the publication of the legal notice and map, a sign which shall indicate that the property is to be the subject of a public hearing at a time and place specified on such sign. In the case of written protest against any proposed amendment, under the conditions specified in 65 Illinois Compiled Statutes 5/11-13-14, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the Village Board. (Ord. 487, 1-7-2002, eff. 2-6-2002; amd. 2017 Code)

B.   All petitions praying for a change, amendment or supplement of the established districts of the Village and regulations connected therewith shall be filed by the person requesting such action, and such petition shall contain the street address of the petitioner, the lot number of any real estate owned by him adjacent to the area proposed to be changed, an accurate legal description of the district or parts of districts proposed to be altered and a map accurately depicting the property proposed to be altered. Such petition shall also recite facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this title and shall further disclose the purpose for which such property is sought to be used.

C.   A petition for a change in the regulations or districts herein or subsequently established shall be filed with the Village Clerk in duplicate. A fee of one hundred dollars ($100.00) shall be paid at the time of filing to cover the costs incidental to such hearing. (Ord. 487, 1-7-2002, eff. 2-6-2002)

A.   Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this title shall be deemed guilty of a misdemeanor and shall be fined not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00) or imprisoned for not to exceed one (1) month, or both, for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The Village may seek declaratory or injunctive relief to enforce the provisions of this title.

B.   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the Village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, or use to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. (Ord. 487, 1-7-2002, eff. 2-6-2002)

A Board of Zoning Appeals and Planning is hereby established. The word "Board", when used in this article, shall be construed to mean the Board of Zoning Appeals and Planning. (Ord. 487, 1-7-2002, eff. 2-6-2002)

The Board shall consist of seven (7) members appointed by the Mayor, with the approval of the Board of Trustees. One of the members of the Board shall be named as Chair at the time of his appointment. The members to serve respectively for the following terms: one for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years and one for seven (7) years, the successor to each member so appointed to serve for a term of five (5) years. (Ord. 487, 1-7-2002, eff. 2-6-2002; amd. 2017 Code)

Vacancies shall be filled for the unexpired term of the member whose place has become vacant. The Mayor, upon the advice and consent of the Board of Trustees, shall have the power to remove any member of the Board for cause, after notice and hearing. (Ord. 487, 1-7-2002, eff. 2-6-2002)

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

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

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

D.   The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Office of the Village Clerk and shall be a public record. (Ord. 487, 1-7-2002, eff. 2-6-2002)

The Board of Zoning Appeals and Planning shall have the following powers:

A.   To hold public hearings on and, when in harmony with the general purpose and intent of this title, to recommend to the Village Board to authorize or deny a requested zoning amendment or a special use permit.

B.   To make recommendations to the Village Board to authorize or deny, after public hearing as required by law, a variation in the strict application of the regulations with respect to a specific lot where, by reason of exceptional narrowness, shallowness or shape thereof or by reason of exceptional topography or other extraordinary or exceptional situation or condition, the strict application of any provision of this title would result in practical difficulties or particular hardship. The Board of Zoning Appeals and Planning shall require evidence that: 1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone; 2) the plight of the owner is due to unique circumstances; 3) the variation, if granted, will not alter the essential character of the locality or impair the general purpose and intent of the Comprehensive Plan. Every variation shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the variation, which shall remain a part of the permanent records of the Board of Zoning Appeals and Planning. The findings of fact shall specify the reason or reasons for making the variation. (Ord. 487, 1-7-2002, eff. 2-6-2002)

A.   Authority To Appeal: Petition to the Board of Zoning Appeals and Planning, as authorized in this article, may be made by any person having legal standing.

B.   Filing Petition For Appeal; Fee: Action shall be taken within such time as shall be prescribed by the Board by general rule, by filing with the Village Clerk a petition for rezoning, special use, or variation, specifying the grounds thereof. The Village Clerk shall forthwith transmit to the Board all papers constituting the record from which the action appealed from is taken. A fee of twenty five dollars ($25.00) shall accompany all notices of appeals.

C.   Hearing, Notice And Recommendations: The Board shall fix a reasonable time not longer than sixty (60) days after filing of the petition for the hearing of the petition and give due notice of the time, place and purpose thereof, and shall decide the petition within a reasonable time. The Board shall make its findings and recommendations in writing and submit same to the Village Board for action.

D.   Village Board Action: The Village Board shall receive and consider the recommendations of the Board of Zoning Appeals and Planning made in accordance with this title. The Village Board shall either return the matter to the Board for further consideration, or shall, by ordinance, deny or grant the requested relief within forty five (45) days after submission of the matter to the Village Board. (Ord. 487, 1-7-2002, eff. 2-6-2002)

The Village Board of Trustees, by an affirmative two-thirds (2/3) vote, may, by ordinance, grant a special permit for the following special uses in any district, except as herein qualified, for which they are otherwise prohibited by this title, and may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the Comprehensive Plan and to conserve and protect property and property values in the neighborhood:

   Airport, landing field, or landing strip for aircraft.

   Bed and breakfast establishment in the R-1, R-2, R-3 and R-4 Districts.

   Car wash in the B-1 or M-1 District.

   Cemetery or mausoleum.

   Church and other place of worship in an M-1, Light Industrial District.

   Circus, amusement park or carnival grounds.

   Commercial, recreational or amusement development for temporary or seasonal periods.

   Daycare center in the R-1, R-2, R-3, B-1 or M-1 District.

   Developmentally handicapped home in the R-1, R-2, R-3, R-4 or B-1 District.

   Drive-in theater in the B-1 District.

   Hospital or clinic in any R, B, A, or M District.

   Mobile home court or travel trailer park in the A1 Nonurban District or R-4 Single-Family District on a minimum of five (5) acres. Before permitting a mobile home court or trailer park, the Village Board of Trustees shall approve a special use permit and site plan as required in article C of this chapter. The Board of Trustees shall satisfy itself that the court will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, that the court will not impede the normal and orderly development of surrounding properties, and that the following requirements will be met:

   A.   All appropriate State and County sanitation regulations shall be strictly observed.

   B.   At least four thousand (4,000) square feet of lot area per mobile home shall be provided; no mobile home shall be parked closer to the street or highway than the required front yard setback or closer than twenty five feet (25') to any property line; and a clearance of not less than twenty feet (20') shall be maintained between mobile homes on all sides.

   C.   Mobile home spaces shall abut upon a hard surfaced driveway access of not less than twenty five feet (25') in width.

   D.   Service building or other facilities for bathing, laundry and sanitation, as required by the State and local health regulations, shall be located at least twenty feet (20') from the side and rear lot lines, and shall be accessible to all trailer coaches by means of the access drives or hard surfaced walks.

   E.   Wherever practicable, space shall be reserved for recreation and a playground.

   Privately or publicly operated community building or recreation field or facility.

   Public or government building or facility.

   Quarry, mineral exploration, borrow pit or other extractive use, including oil well.

   Storage warehouses and mini-warehouse in the A1, B-1 or M-1 District.

   Wireless communications facilities in the M-1 District.

   Animal Slaughtering, meat packing and processing facility/butcher shop in the M-1 District. Before permitting an animal Slaughtering, meat packing and processing facility/butcher shop, the Village Board of Trustees shall approve a special use permit and site plan as required in article C of this chapter. The Board of Trustees shall satisfy itself that the facility will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, that the facility will not impede the normal and orderly development of surrounding properties, and that the following requirements will be met:

   A.   Such use shall provide the Village Clerk with evidence that it has complied with all Federal and State licenses, certifications, and other regulations.

   B.   All appropriate federal, state, and local sanitation regulations shall be strictly observed.

   C.   Sufficient safeguards in the form of buffering, screening, open space or others, as determined by the Village Board shall be utilized.

   D.   All facilities for keeping or maintaining animals shall be completely indoors and located so as to minimize noise discernable outside of the property boundaries."

(Ord. 1174-2024, 9-3-2024)

Before authorization of any of the above special uses, a petition for special use permit shall be filed with the Board of Zoning Appeals and Planning for study and report concerning the effect of the proposed use on the Comprehensive Plan and on the character and development of the neighborhood. A public hearing shall be held in relation thereto before the Board of Zoning Appeals and Planning. Notice and publication of the time and place shall conform to the procedure prescribed in this title for hearings on amendments. If no report is transmitted by the Board of Zoning Appeals and Planning within sixty (60) days of notification, the Village Board of Trustees may take action without further awaiting such report. (Ord. 487, 1-7-2002, eff. 2-6-2002)

Any proposed special use shall otherwise comply with all the regulations set forth in this title for the district in which such use is located; except, that the Village Board may permit hospitals and institutions to exceed the height limitations of such district. (Ord. 487, 1-7-2002, eff. 2-6-2002)

For the purpose of assuring good arrangement, appearance, function and harmony with the objectives of the Comprehensive Plan and this title, site plans shall be submitted, reviewed and approved for the following major uses before construction of such use:

Any use in the B-1 District.

Any use in the M-1 District.

Two-family (duplex), attached single-family and multiple family dwellings forming a part of a development of two (2) or more buildings or ten (10) or more units (not including conversions of exiting residences) or any such dwelling where off-street parking is to be provided in the required front yard. (Ord. 487, 1-7-2002, eff. 2-6-2002; amd. 2017 Code)

A.   The site plan shall be drawn to scale and shall show the following:

   1.   The north point, scale and date.

   2.   Existing zoning and zoning district boundaries.

   3.   The boundaries of the property involved, County or Municipal boundaries, the general location of all existing easements and property lines, and existing streets, buildings and waterways.

   4.   Topography of the project area with contour intervals of five feet (5') or less, unless waived by the Village Board as clearly unnecessary to review the project.

   5.   The approximate location and size of sanitary and storm sewers, water mains, culverts, and other underground structures, existing and planned, in or near the project.

   6.   Proposed changes in zoning, if any.

   7.   The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas (including numbers of parking and loading spaces), storm drainage and sanitary facilities.

   8.   The general location of proposed lots, setback lines, and easements and proposed reservations for parks, parkways, playgrounds, school sites, and open spaces.

   9.   Location of all proposed buildings and structures.

   10.   A tabulation of the total number of acres in the project. (Ord. 487, 1-7-2002, eff. 2-6-2002)

   11.   A tabulation of the total number of dwelling units of various types in the project. (2017 Code)

B.   The Board of Zoning Appeals and Planning may establish additional requirements for site plans and, in special cases, may waive a particular requirement, if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project. (Ord. 487, 1-7-2002, eff. 2-6-2002)

The following procedure should be followed for site plan approval:

A.   Submission Of Plan; Fee: The applicant shall submit a site plan or plans to the Village Clerk at least thirty (30) days prior to the next meeting of the Board of Zoning Appeals and Planning, together with a nonrefundable site plan review fee of two hundred fifty dollars ($250.00). The content of the site plan shall be in accordance with section 10-3C-2 of this article. The Village Clerk shall submit the plan for review by the Village Engineer and shall transmit the plan and report of findings to the Board of Zoning Appeals and Planning.

B.   Examination Of Plan And Development: The Board of Zoning Appeals and Planning shall examine the plan or plans for compliance with this title and the requirements for site plans. The Board of Zoning Appeals and Planning shall then examine the proposed development with respect to policies of the Comprehensive Plan, traffic and circulation patterns, utilities, drainage and community facilities, and other planning considerations.

C.   Approval, Approval With Conditions, Disapproval: Following the review, the Board of Zoning Appeals and Planning shall approve, approve with conditions, or disapprove the site plans. No public hearing shall be required.

D.   Appeals: Appeal of a decision by the Board of Zoning Appeals and Planning on a proposed site plan shall be to the Village Board which may affirm or reverse, with or without conditions, a decision of the Board of Zoning Appeals and Planning. (Ord. 487, 1-7-2002, eff. 2-6-2002)

The approved site plan shall be kept on file by the Village. If engineering plans and profiles are required for the project, these shall be submitted to the proper official. Following approval of the site plan and any required plans and profiles, the Village Clerk shall issue a notice to proceed in letter form stating that the site plan is in conformance with these regulations, and the person may proceed to construct. Said notice to proceed may be revoked by the Village for failure to comply with the approved site plan, the conditions attached thereto, or other applicable regulations. (Ord. 487, 1-7-2002, eff. 2-6-2002)

The Village Board of Trustees hereby adopts as its Comprehensive Plan the Tax Increment Finance Redevelopment Plan Study and, in order to conserve public funds and utilize professional services to the greatest degree possible, further finds that the findings and conclusions in said plan were intended to serve such purpose when originally authorized and adopted by the Village Board. (Ord. 488, 1-7-2002, eff. 2-6-2002; amd. Ord. 560-07, 3-19-2007; 2017 Code)