This chapter contains the regulations pertaining to administration and enforcement of the provisions of this title, issuance of permits and certifications, inspection of property, and issuance of stop work, stop use orders, and enforcement of violations of the provisions of this title. (Ord. 96-21, 9-10-1996)

This title shall be administered and enforced by the director of community development, who shall have the following duties with respect to this title:

   A.   Shall enforce the provisions of this title. In addition, the director of community development shall enforce all regulations and conditions governing development of any and all projects as permitted by this title, or following approval by the planning and zoning commission, village board of trustees, or board of zoning appeals.

   B.   May determine the actual location of a boundary line between zoning districts, where such line does not coincide with a property line or district boundary line. Such determination shall be subject to appeal before the board of zoning appeals.

   C.   Shall approve appropriate permits.

   D.   Shall examine premises for which permits have been issued. The director of community development shall also investigate matters referred to in this title and render written or oral reports.

   E.   May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this title by issuing a stop work or stop use order.

   F.   May refer any violation of this title to the village attorney for prosecution or other appropriate action when deemed necessary.

   G.   May adopt such administrative policies, in cooperation with the village board of trustees, deemed necessary to the execution of his enforcement responsibilities.

   H.   Shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All papers in connection with building work shall be retained on file so long as any part of the building or structure to which they relate may be in existence. Such records shall be open to public inspection at reasonable hours but shall not be removed from a permanent place designated by the director of community development.

   I.   Shall perform such other related duties as the board of trustees may from time to time prescribe. (Ord. 96-21, 9-10-1996; amd. 2001 Code; Ord. 2025-19, 5-27-2025)

   A. Board Established: A board of building and zoning appeals is hereby established in accordance with 65 Illinois Compiled Statutes 5/11-13-3.

   B. Membership: The board of building and zoning appeals shall consist of seven (7) members, all of whom shall be residents of the village appointed by the mayor and approved by the village board of trustees.

   C. Term Of Office; Vacancies And Removals: The term of office of the members of the board of building and zoning appeals shall be for five (5) years. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the mayor and the village board of trustees upon written charges and after public hearing.

   D. Organization:

      1. Officers: One of the members shall be named by the mayor each year as chairman.

      2. Rules And Regulations: The board of building and zoning appeals may adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this title.

      3. Meetings: Meetings shall be held at the call of the chairman and at such other times as the board of building and zoning appeals may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of building and zoning appeals shall be open to the public. The board of building and zoning appeals shall keep a record of its proceedings, and minutes of each meeting 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 board of building and zoning appeals and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter utilized by the board of building and zoning appeals for that purpose. An electronic recording may be utilized in lieu of a reporter.

      4. Quorum: Four (4) members of the board shall constitute a quorum.

   E. Powers:

      1. Powers Enumerated:

         a. Appeals Of Administrative Decisions: To hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official in the enforcement of this title.

         b. Variances: Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the adoption of this title, or by reasons of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which conditions are not generally prevalent in the neighborhood and not created by the owner, the strict application of the area regulations of this title would result in peculiar and exceptional difficulties to, or exceptional and undue hardship upon, the owner of such property, the board of building and zoning appeals is hereby empowered to authorize, upon an appeal or petition relating to such property, a variance from such strict application so as to relieve such difficulties or hardships, provided such relief can be granted without substantial detriment to the public good.

      2.   Request For Variance Or Notice Of Appeal: Appeals to the board of building and zoning appeals on any matter over which the board is herein specifically granted jurisdiction may be taken by any person aggrieved or affected by any decision of the building and zoning official. Such appeal shall be taken within forty-five (45) days of the action complained of by filing with the building and zoning official's office and with the board of building and zoning appeals a notice of appeal specifying the grounds thereof. A request for variance may be presented by the owner or agent of the property to benefit by the variance by a written request to the office of community development or to the office of the village clerk. The written request for variance shall specify the nature of the variance requested and the argument in support of the variance. A request for variance or a notice of an appeal shall be immediately transmitted to the board of building and zoning appeals along with all the papers, documents, and communications in possession of the village officials constituting the record upon which the action pertains.

      3.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the building and zoning official certifies to the board of building and zoning appeals, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the board of building and zoning appeals or by a court of record on application or notice to the building and zoning official on good cause shown.

      4.   Hearing: The board of building and zoning appeals shall fix a reasonable time for the hearing of an appeal or variance, give not less than fifteen (15) days' notice thereof in a newspaper of general circulation in the village, as well as due notice to the parties in interest and to owners or agents of property abutting or fronting upon the property involved in the appeal and decide the issue presented within a reasonable time. At the hearing, any party or parties in interest may appear in person or be represented by an agent or by attorney.

      5.   Payment Of Fees: A fee shall be paid to the building and zoning official at the time the notice of appeal is filed, which the building or zoning official shall submit to the village treasurer. The fee shall be reasonably calculated by the building and zoning official to pay the cost of the notices required by this section, together with the cost of a recorder to appear at the hearing or meeting required by this section.

      6.   Vote Required: The concurring vote of four (4) members of the board of building and zoning appeals shall be necessary to reverse any order, requirement, decision, or determination of the building and zoning official and to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to grant any variance to the requirements of this title.

      7.   Findings: In exercising the above-mentioned powers, the board of building and zoning appeals may, in conformity with the provisions of this title, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officer from whom the appeal is taken. In considering all appeals to this title, the board of building and zoning appeals shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the district map and will not impair an adequate supply of light and air to adjacent property, or increase the congestion in public streets, or increase the danger of fire or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the village. Every change granted or denied by the board of building and zoning appeals shall be accompanied by written findings of fact based on sworn testimony and evidence specifying the reasons for granting or denying the appeal or variance.

   F. Petition Of Board's Decision To Circuit Court: Any person jointly or severally aggrieved by any decision of the village board of building and zoning appeals may present to the circuit court a petition duly verified, specifying the grounds of illegality and asking for relief therefrom. Such petition shall be presented to the court within thirty-five (35) days after the filing of the decision in the office of the board of building and zoning appeals and shall be pursuant to the Administrative Review Act of Illinois. (Ord. 96-21, 9-10-1996; amd. 2001 Code; Ord. 2024-14, 5-14-2024; Ord. 2025-19, 5-27-2025)

   A.   Authority To Grant Special Use Permit: The village board of trustees, by special use permit after public hearing and subject to such protective restrictions as it deems necessary, may authorize the location, extension, or structural alteration of any one of the buildings or uses listed in each district as a special use. Special use permits shall be issued to tenants and operators.

   B.   Procedures:

      1.   Application Filed: A written application shall be filed with the director of community development to obtain a special use permit for the uses hereinafter set forth in this section or for uses previously issued a special use permit where alteration or an extension is requested.

      2.   Submission Of Application To Planning And Zoning Commission: Upon receipt of an application, together with a site plan and necessary descriptive material of the entire parcel including all permitted and special uses, the director of community development shall submit the application to the planning and zoning commission.

      3.   Public Hearing: The planning and zoning commission shall hold a public hearing in accordance with the procedures set forth in this section. If application is for a use with buffer zones required by village, county or state ordinance, landowners within the greatest required buffer must be notified prior to hearing.

      4.   Planning And Zoning Commission Review: The planning and zoning commission shall review the application based on the conditions set forth in this section, approve or disapprove the application and submit a report of its recommendations to the village board of trustees within forty five (45) days of the date of the public hearing.

      5.   Village Board Of Trustees Action: No action shall be taken upon any applications for a proposed building or use referred to above until and unless the report of the planning and zoning commission has been filed; provided, however, that if no report is received from the planning and zoning commission within forty five (45) days of the date of the public hearing, the village board of trustees may proceed with its action upon the application. The village board of trustees shall vote on the special use permit following receipt of the report of the planning and zoning commission or not less than forty five (45) days after the date of the public hearing if no report is submitted. The affirmative vote of a majority of the members of the village board of trustees shall be required to authorize and approve the issuance of any special use permit contrary to the recommendation of the planning and zoning commission.

   C.   Criteria For Reviewing Applications: In considering whether or not such application for a special use permit should be granted, it shall be the duty of the planning and zoning commission and the village board of trustees to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the village generally. In considering the special use, the planning and zoning commission and the village board of trustees should consider the following:

      1.   Whether the proposed special use is consistent with the village comprehensive plan, and will not impede normal, orderly development of the neighborhood.

      2.   The compatibility with surrounding uses and compatibility with the surrounding neighborhood, including any substantial impact on property values.

      3.   The comparative size, floor area, mass, and general appearance of the proposed structure in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.

      4.   The amount of traffic movements generated by the proposed use and the relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood in terms of the street's capacity to absorb the additional traffic and any significant increase in hourly or daily traffic levels.

      5.   The added noise level created by activities associated with the proposed use and the impact of the ambient noise level of the surrounding area and neighborhood.

      6.   The impact of night lighting in terms of intensity, duration, and frequency of use as it impacts adjacent properties and in terms of presence in the neighborhood.

      7.   The impact of the landscaping of the proposed use in terms of landscaped areas, buffers, and screens.

      8.   The potential for the proposed use to remain in existence for a reasonable period of time and not become vacant or unused. Consideration should also be given to unusual single purpose structures or components of a more temporary nature.

      9.   Whether there are any facilities near the proposed use (such as activities geared toward children) that require special protection, consideration or may not be located within buffer zones determined by the village, county or state.

      10.   The impact and adequacy of the proposed security measures to deter theft, prevent unauthorized access and mitigate impact on adjacent parcels.

   D.   Time Limit For Implementing Use: The village board of trustees may institute a rezoning or an extension (all or any part) of a special use permit if any approved special use permit granted by the village board of trustees is not exercised and put into use within twelve (12) months of the date of approval.

   E.   Revocation Of Permit: The village board of trustees, after a public hearing, may revoke a special use permit for failure to comply with the regulations and restrictions of this title or the requirements of the special use permit. (Ord. 96-21, 9-10-1996; amd. Ord. 2002-14, 4-9-2002; Ord. 2015-4, 1-27-2015; Ord. 2025-19, 5-27-2025)

   A.   Temporary Outdoor Displays: The director of public works and director of community development may permit the temporary outdoor display of merchandise based on the following criteria:

      1.   The merchandise shall not be located in a right of way or on any other public property.

      2.   The area dedicated to the temporary display of merchandise shall not occupy more than five (5) parking spaces or ten percent (10%) of the parking spaces available on the site, whichever figure is lower.

      3.   Merchandise may be displayed on a sidewalk which is not located within a public right of way; provided, that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five feet (5') in width. This width shall be measured on a line perpendicular to the edge of the curb.

      4.   The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by temporary barriers.

      5.   The merchandise shall not be displayed on site for a period exceeding fifteen (15) days. Limited to four (4) events per business per calendar year, with fourteen (14) calendar days between each event.

      6.   The area covered by the merchandise shall not exceed ten percent (10%) of the gross floor area of the principal building on the site.

      7.   Site plan identifying the location and size of displays must be submitted to be reviewed with all existing parking affected shown in detail. The site plan must be submitted for approval fourteen (14) days prior to the start date of requested event.

   B.   Temporary Seasonal Displays And Sales: The temporary display and/or sale of seasonal, grand opening or special promotional merchandise may be approved by the director of public works and director of community development subsequent to the submittal and approval of an application for such display and/or sale. Such temporary display and/or sale may include, but is not limited to, Christmas tree sales, pumpkin sales, and displays and/or sales of other similar merchandise. Such merchandise may be displayed in the open or under a temporary tent, awning or similar device. The permit approval will be conditioned on a demonstration by the applicant that such temporary seasonal display and/or sale can satisfactorily conform to the following criteria:

      1.   The merchandise shall not be located in a right of way or on any other public property.

      2.   The area dedicated to the temporary display of merchandise shall not occupy more than five (5) parking spaces or ten percent (10%) of the parking spaces available on the site, whichever figure is lower.

      3.   Merchandise may be displayed on a sidewalk which is not located within a public right of way; provided, that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five feet (5') in width. This width shall be measured on a line perpendicular to the edge of the curb.

      4.   The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by temporary barriers.

      5.   The merchandise shall not be displayed on site for a period exceeding thirty five (35) days. Limited to four (4) events per business per calendar year, with fourteen (14) calendar days between each event.

      6.   Site plan identifying the location and size of displays must be submitted to be reviewed with all existing parking affected shown in detail. The site plan must be submitted for approval fourteen (14) days prior to the start date of requested event.

(Ord. 96-21, 9-10-1996; amd. 2001 Code; Ord. 2013-29, 10-8-2013; Ord. 2025-19, 5-27-2025; Ord. 2025-22, 7-22-2025)

   A.   Members of the planning and zoning commission, members of the board of zoning appeals, the director of community development, or other authorized personnel of the village are hereby empowered in the performance of their functions to enter upon any land in the village for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs or placards effecting the provisions of this title. The above authorized persons shall present proper identification upon demand when entering upon any land or structure for the purpose of this title.

   B.   The director of community development is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress. (Ord. 96-21, 9-10-1996; amd. 2001 Code; Ord. 2025-19, 5-27-2025)

The village board of trustees may establish a schedule of fees, charges, and expenses 1 , and a collection procedure for all permits, applications, certificates, appeals, and other matters pertaining to this title. The schedule of fees shall be on file with the village clerk and may be altered or amended from time to time. No permit, certificate, special use, rezoning, approval or variance shall be issued unless or until such costs, charges, fees, or expenses listed in this title have been paid in full, nor shall any action be taken on proceedings before the planning and zoning commission, board of zoning appeals, or village board of trustees unless or until fees have been paid in full. (Ord. 96-21, 9-10-1996)

   A.   Authority: The village board of trustees may from time to time, on its own motion or on petition, amend, supplement, change, modify, or repeal by ordinance the boundaries of districts or regulations or restrictions herein established.

   B.   Change By Petition: Applications for amendment, supplement, or modification change of the zoning district map may be made by any owner or his attorney in fact who wants their land to be rezoned. If such application is made by the owner's attorney, he shall enter upon the application the name and current mailing address of the owner. Satisfactory evidence of ownership shall be provided at the time of application. Such application shall be made upon forms prescribed by the planning and zoning commission and duly filed with the commission. The application shall include:

      1.   A legal description of the property to be rezoned.

      2.   A parcel map obtained from the Madison County supervisor of assessments' office outlining the property to be rezoned.

      3.   Proof of ownership of the property.

      4.   A list containing the names and addresses of all owners of property located within two hundred fifty feet (250') of the property to be rezoned.

      5.   A fee as required by the village 1 .

   C.   Change Initiated By Village Board Of Trustees Or Planning And Zoning Commission: Recommendations for revision, or amendment of this title, including the zoning district map, may also be made by the planning and zoning commission upon its own motion, for final determination by the village board of trustees. Likewise, the village board of trustees may revise, modify, or amend this title, including the zoning district map, upon its own motion, after receipt of a recommendation from the planning and zoning commission.

   D.   Planning And Zoning Review: Any proposed amendment, supplement, change, modification or repeal shall be first submitted to the planning and zoning commission for its recommendation and report. The commission shall hold a public hearing and then approve or deny, by majority vote, a recommendation for final approval or denial to the village board of trustees.

   E.   Public Hearing: Upon the filing of any proposed amendment, supplement, change, modification or repeal, the planning and zoning commission shall hold a public hearing in relation thereto. Notice shall be given of the time and place of the hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within the village. If any amendment, change or modification recommends a change in the district boundaries by rezoning of certain property, then such notice shall, in addition to the legal description of the property, contain a commonly recognized designation or address.

   F.   Notice To Owners: In addition, where the proposed amendment recommends a change in the district boundaries by rezoning of property, the village clerk shall mail notice of the proposed rezoning to all owners of property which is located within two hundred fifty feet (250') of any part of the property being considered for rezoning action at least fifteen (15) days prior to the time the planning and zoning commission holds a public hearing on the rezoning.

   G.   Board Action: Upon the filing of the recommendation and report by the planning and zoning commission with respect to any proposed amendment, supplement, change, modification or repeal, the village board of trustees shall vote on the amendment based on the following conditions:

      1.   Majority Vote Required: Rezoning actions shall require an affirmative action by a majority of the full membership of the village board of trustees.

      2.   Super Majority Required: An affirmative vote of two-thirds (2/3) of the members of the village board of trustees shall be required if a written protest against the rezoning is signed and acknowledged 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 to be rezoned, is filed with the village clerk. (Ord. 2002-15, 4-9-2002)

   A.   Violations; Enforcement: In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this title or other regulation made under authority conferred hereby, the proper local authorities of the village (including village board of trustees, planning and zoning commission, board of zoning appeals, village attorney, director of community development, or any other officer appointed by the board of trustees), in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, 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. Such regulations shall be enforced by the director of community development, who is empowered to cause any building, structure, place, or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of this title.

   B.   Penalty: The owner, general agent, lessee or tenant of a building or premises or part of a building or premises where a violation of any provision of this title has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor, punishable as provided in section 1-4-1 of this code. Each week the violation remains uncorrected shall constitute a separate offense.

   C.   Other Remedies: In addition to the penalties hereinabove authorized and established, the village attorney shall take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violations of this title. (Ord. 96-21, 9-10-1996; amd. 2001 Code; Ord. 2025-19, 5-27-2025)