A.   General Powers. The Village Manager shall be charged with the administration and enforcement of this Code. In addition to the jurisdiction, authority, and duties conferred on the Manager by other provisions of State statutes and Village codes and ordinances, the Manager shall have all powers necessary to such administration and enforcement and shall, in particular, have the jurisdiction, authority, and duties hereinafter set forth.

   B.   Rules; Regulations; Application Forms. The Village Manager, consistent with the express standards, purposes, and intent of this Code, shall promulgate, adopt, and issue such procedural rules, regulations, and forms as are in the Manager's opinion necessary to the effective administration and enforcement of the provisions of this Code.

   C.   Staff Assistance to the Zoning Board of Appeals and Plan Commission. The Village Manager, within budgets available for that purpose, shall make staff and consulting assistance available to the Zoning Board of Appeals and the Plan Commission, and the Manager or his or her delegatee shall in that capacity:

      1.   Attend the meetings of each such body;

      2.   Inform each such body of all facts and information at the Manager's disposal with respect to any matter brought before each such body;

      3.   Assist each such body by performing research and making recommendations on matters brought before each such body; and

      4.   Perform such other duties as may be assigned to the Manager by this Code and by the rules of such bodies.

   D.   Records. The Village Manager shall maintain:

      1.   Permanent and current records of this Code, including all maps, amendments, special use permits, interpretations, and decisions rendered by the Zoning Board of Appeals, the Plan Commission, the Village Attorney, and the Manager, together with relevant background files and materials;

      2.   In the central address file, copies of all certificates of zoning compliance, certificates of occupancy, and all notices of violations, discontinuances, terminations, or removals, issued by or entrusted to the Manager's office for such time as necessary to ensure continuous compliance with the provisions of this Code; and

      3.   In the central address file, information on all known nonconforming uses, structures, lots, and signs in the Village.

   E.   Zoning Text; Zoning Map. The Village Manager shall prepare and have available for public sale:

      1.   The compiled text of this Code in book or pamphlet form, including all amendments thereto through the preceding December 31; and

      2.   The official Zoning Map, showing the zoning districts, divisions, and classifications in effect on the preceding December 31.

   The Manager, at all other times, shall maintain and have available for reproduction at least one up-to-date copy of both the Zoning Code text and the Zoning Map, showing all amendments through the most recent meeting of the Board of Trustees for which official minutes have been approved.

   F.   Applications: Receipt, Processing, Referral to Interested Parties and Agencies. The Village Manager shall receive all applications required to be filed pursuant to this Code. Upon receipt of any such application, the Manager shall see to its expeditious processing, including its prompt referral to and retrieval from each official, department, board, or commission of the Village, or other government, with any interest or duty with respect to such application.

   G.   Investigation of Applications. Whenever the Plan Commission, the Zoning Board of Appeals, the Zoning Commission, or the Board of Trustees shall so request, by general rule or specific direction, the Village Manager shall, within the limits of staff and budgeted funds available for such purposes, conduct or cause to be conducted such surveys, investigations, and field studies and shall prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as shall be necessary and appropriate to the processing of any application filed pursuant to this Code.

   H.   Zoning Certificates. Pursuant to the provisions of Sections 7-301 and 7-302 of this Code, the Village Manager shall review all applications for Certificates of Zoning Compliance and Certificates of Occupancy and shall approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this Code.

   I.   Interpretations. Pursuant to the provisions of Section 7-401 of this Code, the Village Manager shall issue a written interpretation of the meaning and applicability of specific provisions of this Code. Any interpretation of this Code that may be rendered by the Zoning Board of Appeals or the Manager shall be kept on file with the Manager and shall be a public record of the Village open to inspection by interested parties at reasonable times and upon reasonable notice.

   J.   Exterior Appearance Review. Pursuant to the provisions of Section 7-503 of this Code, the Village Manager shall undertake exterior appearance review and either approve, disapprove, or approve subject to modifications any applications for building permit that the Plan Commission has specifically delegated to the Manager for exterior appearance review.

   K.   Extensions of Time. The Village Manager, upon written request, may for good cause shown and without any notice or hearing grant extensions of any time limit imposed on an applicant or permittee by this Code, except for time limits applying to variations or special use permits or unless expressly provided otherwise by an ordinance or resolution of any body acting pursuant to this Code. The total period of time granted by such extension or extensions shall not exceed the length of the original period.

   L.   Inspection and Enforcement. In furtherance of the enforcement of this Code, the Village Manager shall undertake such regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper within the limits of staff and budgeted funds; shall undertake such additional inspections as may be necessary to the performance of his or her duties hereunder; shall receive from any person complaints alleging with particularity a violation of this Code; and when appropriate shall cause such investigations and inspections as may be warranted by such complaints to be made. Upon finding the existence of any violation of this Code, the Manager shall take or direct all actions necessary and appropriate to abate and redress such violation.

   A.   Creation; Membership. The Zoning Board of Appeals shall consist of seven members appointed by the Village President and confirmed by the Board of Trustees. All members shall be residents of the Village. The members now serving shall continue to exercise all the powers and be subject to all the duties of members during the balance of their respective terms of office and until their successors are appointed and qualified. The Village President shall have the power to remove any member for cause and after a public hearing. A vacancy that may occur shall be filled for the balance of the unexpired term by appoint-ment of the Village President and confirmation by the Board of Trustees. All appointments of successors upon the expiration of any term of any member shall be for a period of five years and until a successor has been appointed and has qualified for office. All members of the Zoning Board of Appeals shall serve without compensation.

   B.   Chairperson and Acting Chairperson. The Village President shall name one member of the Zoning Board of Appeals as Chairperson, who shall preside at all public meetings and hearings and fulfill the customary functions of that office. In the absence of the Chairperson, an Acting Chairperson designated by the members of the Zoning Board of Appeals shall act as chairperson and shall have all the powers of the chairperson. The Chairperson shall have the power to administer oaths and compel the attendance of witnesses.

   C.   Staff Secretary; Minutes; Public Records. The Village Manager shall designate a Staff Secretary of the Zoning Board of Appeals, who shall attend all of its proceedings. The Staff Secretary shall provide for the keeping of minutes of the proceedings of the Board of Appeals, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall maintain permanent records of all Board of Appeals meetings, hearings, and proceedings and all correspondence of the Board of Appeals. The Village Clerk shall provide for keeping a file of all records of the Board of Appeals, and such records shall, except to the extent provided by the Illinois Freedom of Information Act, be public records open to inspection.

   D.   Quorum and Necessary Vote. No business shall be transacted by the Zoning Board of Appeals without a quorum, consisting of four members, being present. The concurring vote of at least four members of the Zoning Board of Appeals shall be necessary on any motion to reverse any order, requirement, decision, or determination appealed to it; to decide in favor of the applicant on any application made; or to effect any variation from the provisions of this Code. Any lesser vote on any such motion, even if a majority of those voting, shall be considered a final decision denying the appeal, application, or variation. If less than a quorum is present, the public hearing or meeting may be adjourned from time to time as provided in the Illinois Open Meetings Act. The Staff Secretary shall in writing notify all members of the Zoning Board of Appeals of the date of the adjourned public hearing or meeting and shall also notify such other interested parties as may be designated in the vote of adjournment.

   E.   Absent Members. No member absent from any portion of a proceeding shall be qualified to vote upon the matter heard unless that member shall first certify on the record that he or she has reviewed the entire record of any such portion of the proceeding during which he or she was absent and has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.

   F.   Meetings; Hearings; Procedures. Regular meetings of the Zoning Board of Appeals shall be held in accordance with the annual schedule posted in the Manager's office and at such other times as the members of the Zoning Board of Appeals may determine.

   All meetings, hearings, and deliberations of the Zoning Board of Appeals shall be open to the public except when closed pursuant to the provisions of the Illinois Open Meetings Act.

   All testimony at any hearing of the Zoning Board of Appeals shall be given under oath.

   The Zoning Board of Appeals shall adopt its own rules of procedure for the conduct of its business not inconsistent with this Code and the statutes of the State of Illinois.

   G.   Record. The transcript of testimony, if any; the minutes; all applications, requests, and papers filed in any proceeding before the Zoning Board of Appeals; and the decision of the Zoning Board of Appeals shall constitute the record.

   H.   Decisions. Every decision of the Zoning Board of Appeals shall be memorialized in a written resolution which shall include findings of fact; shall refer to all pertinent evidence in the record and to the exhibits, plans or specifications upon which such decision is based; shall specify the reason or reasons for such decision; shall contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief; and shall expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized. Such resolution may be incorporated into the minutes of the Zoning Board of Appeals.

   The Zoning Board of Appeals may take final action on any decision pertaining to an application pending before it prior to the preparation of a written resolution, but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public. The Zoning Board of Appeals' decision shall be deemed made as of the date of the taking of such final action. The written resolution incorporating such findings and conclusions shall be presented and approved at the next regular public meeting of the Zoning Board of Appeals.

   In any case where this Code provides that the failure of the Zoning Board of Appeals to act within a fixed period shall be deemed to be a denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Zoning Board of Appeals rendered on the day following the expiration of such fixed period.

   The decisions of the Zoning Board of Appeals shall in all instances be considered final administrative determinations and shall be subject to appeal in accordance with the administrative review procedures established by State statute.

   I.   Conflicts. No member of the Zoning Board of Appeals shall participate in the hearing or disposition of any matter in which that member has an interest. Any conflict of interest prohibited by the Glencoe Village Code or State law shall disqualify a member.

   J.   Appeals. An appeal from any final decision of the Zoning Board of Appeals may be taken in the manner provided in Article III of the Illinois Code of Civil Procedure pertaining to administrative review.

   K.   Jurisdiction and Authority. The Zoning Board of Appeals shall have the following jurisdiction and authority:

      1.   Subject to the provisions of Section 7-402 of this Code, to hear and decide appeals from, and to review orders, decisions, or determinations made by the Village Manager and to that end have the powers of the Village Manager with respect to such order, decision, or determination.

      2.   Subject to the provisions and standards of Section 7-403 of this Code, to grant or deny variations from the requirements of this Code.

      3.   Upon reasonable written request, to make its special knowledge and expertise available to any official, department, board, or commission of the Village, County, State, or Federal governments to aid them in the performance of their respective duties relating to zoning and its admin-istration in the Village.

      4.   In furtherance of the above jurisdiction and authority, to make such investigations, maps, reports, and recommendations in connection therewith, relating to zoning and its administration in the Village as seem desirable to it; provided, however, that the expenditures of the Zoning Board of Appeals shall not exceed the amount appropriated therefor.

   A.   Creation; Membership. The Zoning Commission shall consist of those persons who are from time to time the members of the Zoning Board of Appeals. All members of the Zoning Commission shall serve without compensation.

   B.   Chairperson and Acting Chairperson. The Chairperson of the Zoning Board of Appeals shall serve as the Chairperson of the Zoning Commission. In the absence of the Chairperson, an Acting Chairperson designated by the members of the Zoning Commission shall act as chairperson and shall have all the powers of the chairperson. The Chairperson shall have the power to administer oaths and compel the attendance of witnesses.

   C.   Staff Secretary; Minutes; Public Records. The Village Manager shall designate a Staff Secretary of the Zoning Commission, who shall attend all of its proceedings. The Staff Secretary shall provide for the keeping of minutes of the proceedings of the Commission, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall maintain permanent records of all Commission meetings, hearings, and proceedings and all correspondence of the Commission. The Staff Secretary shall provide for keeping a file of all records of the Commission, and such records shall, except to the extent provided by the Illinois Freedom of Information Act, be public records open to inspection.

   D.   Quorum and Necessary Vote. No business shall be transacted by the Zoning Commission without a quorum, consisting of four members, being present. The concurring vote of a majority of the Zoning Commission members present, consisting of at least three members, shall be necessary on any motion to recommend approval on any matter or application. Any lesser vote on any such motion, even if a majority of those voting, shall be considered a final decision to recommend denial of such matter or application. If less than a quorum is present, the public hearing or meeting may be adjourned from time to time as provided in the Illinois Open Meetings Act. The Staff Secretary shall in writing notify all members of the date of the adjourned public hearing or meeting and shall also notify such other interested parties as may be designated in the vote of adjournment.

   E.   Absent Members. No member absent from any portion of a proceeding shall be qualified to vote upon the matter heard unless that member shall first certify on the record that he or she has reviewed the entire record of any such portion of the proceeding during which he or she was absent and has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.

   F.   Meetings; Hearings; Procedures. Meetings of the Zoning Commission shall be held at the call of the Board of Trustees and at such other times as the Zoning Commission members may determine to complete an assigned task.

   All meetings, hearings, and deliberations of the Zoning Commission shall be open to the public except when closed pursuant to the provisions of the Illinois Open Meetings Act.

   All testimony at any hearing of the Zoning Commission shall be given under oath.

   The Zoning Commission may adopt its own rules of procedure for the conduct of its business not inconsistent with this Code and the statutes of the State of Illinois.

   G.   Record. The transcript of testimony, if any; the minutes; all applications, requests, exhibits, and papers filed in any proceeding before the Zoning Commission; and the decision of the Zoning Commission shall constitute the record.

   H.   Decisions. Every recommendation of the Zoning Commission shall be made by motion or resolution which shall be memorialized in writing. For amendments, such motion or resolution may refer to any pertinent facts, conditions, or considerations supporting the recommendation. For special use permits, such motion or resolution shall refer to all pertinent evidence in the record and to the exhibits, plans, or specifications upon which such recommendation is based, and shall expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized. Such motions or resolutions may be incorporated into the minutes of the Zoning Commission.

   I.   Conflicts. No member of the Zoning Commission shall participate in the hearing or disposition of any matter in which that member has an interest. Any conflict of interest prohibited by the Glencoe Village Code or State law shall disqualify a member.

   J.   Jurisdiction and Authority. The Zoning Commission shall have the following jurisdiction and authority:

      1.   Subject to the provisions and standards of Ill. Rev. Stat. ch. 24 ¶ 11-13-14 (1989), as may be amended from time to time, and Section 7-501 of this Code, to conduct hearings and to make recommendations to the Board of Trustees with respect to any proposed amendments to the regulations imposed and the districts created under this Code as the Board of Trustees may refer to the Zoning Commission from time to time.

      2.   Subject to the provisions and standards of Section 7-502 of this Code, to conduct hearings and to make recommendations to the Board of Trustees with respect to the granting or denial of any special use permit under this Code.

      3.   Subject to the provisions and standards of Section 7-503 of this Code, to review and make determinations with respect to certain plans for development for appearance review.

   A.   Creation; Membership. The Contextual Design Review Commission shall consist of seven members appointed by the Village President and confirmed by the Board of Trustees. All members shall be residents of the Village. The members of the Commission should have significant background in residential design and construction, land planning, or other related disciplines in order to facilitate the enhancement of single family dwelling developments seeking approvals pursuant to Section 7-505 of this Code. The Village President shall have the power to remove any member for cause and after a public hearing. A vacancy that may occur shall be filled for the balance of the unexpired term by appointment of the Village President and confirmation by the Board of Trustees. Initial appointments to the Commission shall be as follows: one member for a one-year term; two members for a two-year term; two members for a three-year term; and two members for a four-year term. All re-appointments and appointments of successors upon the expiration of any term of any member shall be for a period of four years and until a successor has been appointed and has qualified for office. All members of the Contextual Design Review Commission shall serve without compensation.

   B.   Chairperson and Acting Chairperson. The Village President shall name one member of he Contextual Design Review Commission as Chairperson, who shall preside at all public meetings and hearings and fulfill the customary functions of that office. In the absence of the Chairperson, an Acting Chairperson designated by the members of the Contextual Design Review Commission shall act as chairperson and shall have all the powers of the chairperson. The Chairperson shall have the power to administer oaths.

   C.   Staff Secretary; Minutes; Public Records. The Village Manager shall designate a Staff Secretary of the Contextual Design Review Commission, who shall attend all of its proceedings. The Staff Secretary shall provide for the keeping of minutes of the proceedings of the Commission, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall maintain permanent records of all Commission meetings, hearings, and proceedings and all correspondence of the Commission. The Village Clerk shall provide for keeping a file of all records of the Commission, and such records shall, except to the extent provided by the Illinois Freedom of Information Act, be public records open to inspection.

   D.   Quorum and Necessary Vote. No business shall be transacted by the Contextual Design Review Commission without a quorum, consisting of four members, being present. The concurring vote of at least four members of the Contextual Design Review Commission shall be necessary on any motion to decide in favor of the applicant on any application made pursuant to Section 7-505 of this Code. If less than a quorum is present, the public hearing or meeting may be adjourned from time to time as provided in the Illinois Open Meetings Act. The Staff Secretary shall in writing notify all members of the Contextual Design Review Commission of the date of the adjourned public hearing or meeting and shall also notify such other interested parties as may be designated in the vote of adjournment.

   E.   Absent Members. No member absent from any portion of a proceeding shall be qualified to vote upon the matter heard unless that member shall first certify on the record that he or she has reviewed the entire record of any such portion of the proceeding during which he or she was absent and has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.

   F.   Meetings; Hearings; Procedures. Regular meetings of the Contextual Design Review Commission shall be held in accordance with the annual schedule posted in the Manager's office and at such other times as the members of the Contextual Design Review Commission may determine. All meetings, hearings, and deliberations of the Contextual Design Review Commission shall be open to the public except when closed pursuant to the provisions of the Illinois Open Meetings Act. The Contextual Design Review Commission shall adopt its own rules of procedure for the conduct of its business not inconsistent with this Code and the statutes of the State of Illinois.

   G.   Record. The transcript of testimony, if any; the minutes; all applications, requests, and papers filed in any proceeding before the Contextual Design Review Commission; and the decision of the Contextual Design Review Commission shall constitute the record.

   H.   Decisions. Every decision of the Contextual Design Review Commission shall be memorialized in a written resolution which shall include findings of fact; shall refer to all pertinent evidence in the record and to the exhibits, plans, or specifications upon which such decision is based; shall specify the reason or reasons for such decision; shall contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or declining to grant relief; and shall expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized. Such resolution may be incorporated into the minutes of the Contextual Design Review Commission. The Contextual Design Review Commission may take final action on any decision pertaining to an application pending before it prior to the preparation of a written resolution, but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public. The Contextual Design Review Commission's decision shall be deemed made as of the date of the taking of such final action. The written resolution incorporating such findings and conclusions shall be presented and approved at the next regular public meeting of the Contextual Design Review Commission.

   I.   Conflicts. No member of the Contextual Design Review Commission shall appear before the Contextual Design Review Commission on, or participate in the hearing or disposition of, any matter or application in which that member has an interest (including interests as a consultant, representative, or other person receiving, or who may be receiving, remuneration), either directly, indirectly, or through one's business or employment activities or immediate family. Notwithstanding the foregoing, a member of the Contextual Design Review Commission may appear before the Commission with respect to that member’s personal residence, provided that such member shall disclose on the record his or her interest in the application and thereafter not participate in the Commission’s consideration or disposition of such matter. Any conflict of interest prohibited by the Glencoe Village Code or State law shall disqualify a member.

   J.   Appeals. The Contextual Design Review Commission shall only make final decisions regarding voluntary petitions for contextual design review pursuant to Section 7-505 of this Code, and any determination of the Commission declining to grant relief under Section 7-505 shall not deprive an applicant of its rights otherwise available under this Code; accordingly, no appeals may be taken from a final decision of the Commission pursuant to Section 7-505.

   K.   Jurisdiction and Authority. The Contextual Design Review Commission shall have the following jurisdiction and authority:

      1.   Subject to the provisions of Section 7-505 of this Code, to consider applications for contextual design review approval and grant or decline to grant relief pursuant to Section 7-505.

      2.   Upon reasonable written request of the Board of Trustees, to make its special knowledge and expertise available to any official, department, board, or commission of the Village, County, State, or Federal governments to aid them in the performance of their respective duties relating to contextual design or zoning and its administration in the Village.

      3.   In furtherance of the above jurisdiction and authority, to make such investigations, maps, reports, and recommendations in connection therewith, relating to contextual design or zoning and its administration in the Village as requested by the Board of Trustees; provided, however, that the expenditures of the Contextual Design Review Commission shall not exceed the amount appropriated therefor.

   A.   Place of Filing. All applications filed pursuant to this Code shall be filed with the Office of the Village Manager or with such other Village official or body as the Village Manager may by administrative order designate.

   B.   Form; Number; Scale. All applications filed pursuant to this Code shall be on forms supplied by the Village and shall be filed in such number of duplicate copies as the Village Manager may designate by administrative order. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of said plans and the proposal being made and shall be folded to a size of 8-1/2 inches by 11 inches.

   C.   Filing Deadlines.

      1.   Applications Requiring Hearings. An application requiring a public hearing will not be scheduled for such hearing unless filed, in proper form and number and containing all required information, in accordance with the schedule posted in the Village Manager's Office. An application so filed will be scheduled for hearing on the requested hearing date, or on the first available date thereafter open on the relevant hearing agenda, on a first-filed-first-scheduled basis.

      2.   Applications Not Requiring Hearing. An application that does not require a public hearing shall be filed, in proper form and number and containing all required information, in accordance with the schedule posted in the Village Manager's Office. An application so filed will be processed on a first-filed-first-processed basis.

      3.   Supplemental Data. Whenever supplemental data in connection with a previously filed application is required by the Village, it shall be submitted by the application deadline for the meeting on which it is to be considered at or acted upon in connection with such application. The failure to file such data in a timely manner shall, in the discretion of the Village Manager and of the body hearing the application, be cause to delay a requested or scheduled hearing date.

   D.   Fees.

      1.   Fee Established; Lien. Every application filed pursuant to this Code shall be accompanied by a non-refundable application and filing fee in accordance with the fee schedule established by the Village Manager. For special use permit and zoning amendment applications, such fee may include reimbursement of any recoverable costs incurred by the Village. The owner of the property subject of the application and, if different, the applicant shall be jointly and severally liable for the payment of said fee. By signing the application (either directly or through an agent), the owner shall be deemed to have agreed to pay such fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fee, plus the costs of collection, in the event such fee has not been properly paid as required with the filing of the application. Any lien filed pursuant to this Subsection may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.

      2.   Recoverable Costs. The costs incurred by the Village in processing an application shall be deemed to consist at least of the following items of direct and indirect expense:

         (a)   Legal Publication (direct cost);

         (b)   Recording Secretarial Services (direct cost);

         (c)   Court Reporter (direct cost);

         (d)   Document Preparation and Review (hourly staff salary times a multiplier to be established from time to time by administrative order of the Village Manager at a level sufficient to recover 100 percent of the direct and indirect cost of such service);

         (e)   Consultant Fees and Expenses (engineering, legal, planning, etc.) (direct cost);

         (f)   Copy Reproduction (direct cost)

         (g)   Document Recordation (direct cost); and

         (h)   Inspection Fees (direct cost).

      3.   Fee Payment and Escrow.

         (a)   Initial Payment and Escrow. Every application for a special use permit or a zoning amendment that is filed pursuant to this Code shall be accompanied by the required fee plus an additional amount for recoverable costs as provided in Paragraph D2 above, as fixed from time to time by administrative order of the Village Manager, to be deposited in an application fee escrow. No interest shall be payable on any such escrow.

         (b)   Charges Against Escrow. From the date of filing of any application pursuant to this Code, the Village shall maintain an accurate record of the recoverable costs as herein above defined, incurred in the processing such application. The Village Manager shall, from time to time, draw funds from the escrow account established for such application to pay such costs and shall transfer such funds to the appropriate Village accounts. The Manager shall maintain an accurate record of all such drawings.

         (c)   Additional Escrow Deposits. Should the Village Manager at any time determine that the escrow account established in connection with any application is, or is likely to become, insufficient to pay the actual costs of processing such application, the Manager shall inform the applicant of that fact and demand an additional deposit in an amount deemed by him to be sufficient to cover foreseeable additional costs. Unless and until such additional amount is deposited by the applicant, the Village Manager may direct that processing of the application shall be suspended or terminated.

         (d)   Final Settlement. As soon as reasonably feasible following final action on an application, the Village Manager shall cause a final accounting to be made of the escrow deposits made in connection with such application and the actual cost of processing such application and shall make final charge of such costs against such escrow deposits. A copy of the accounting shall be provided to the owner and the applicant.

   If the amount in the escrow account is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the owner and the applicant. If unused balance remains in the escrow account after paying the total actual costs, it shall be returned to the applicant.

      4.   Condition of All Applications, Approvals, and Permits; Time Periods. No application filed pursuant to this Code shall be considered complete unless and until all fees due pursuant to this Subsection have been paid. Every approval granted and every permit issued pursuant to this Code, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of fees as required by this Subsection.

   When this Code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, all time periods shall be tolled during any period of non-payment, but shall otherwise continue to run.

   The failure to pay fully any such fee when due shall be grounds for refusing to process an application and shall be deemed a withdrawal or forfeiture of any permit or approval sought or issued with respect to the land or development to which the unpaid fee relates.

   E.   Minimum Data Requirements. Every application submitted pursuant to this Code shall contain such information as is required by the Village from time to time. Application requirements shall be established by administrative order and shall be made available to all applicants in the office of the Village Manager.

   F.   Special Data Requests. In addition to the data and information required pursuant to Subsection E of this Section, every applicant shall submit such other and additional data, information, or documentation as the Village Manager or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

   G.   Waiver of Application Requirements. Notwithstanding any other provision of this Section, the Village Manager shall have the authority to waive any requirement set forth in Subsection A, B, C, or E of this Section when, in his or her judgment, such waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that any board or commission before which such application may come shall continue to have the right to request additional information pursuant to Subsection F of this Section and to delay processing of such application until such information is provided and available in accordance with the deadlines established in Subsection C of this Section. The Village Manager shall provide his or her reasons why any such requirements have been waived, and shall refer such reasons to the appropriate boards and commissions.

   H.   Concurrent Applications. When a proposed use or development requires more than one approval pursuant to this Code, applications for all such approvals may be filed concurrently notwithstanding the fact that approval of one application may be a pre-condition to approval of other applications. Such applications may in the discretion of the official, officials, body, or bodies charged with review of such applications be processed together; provided, however, that no application shall be approved unless all applications that are a pre-condition to its approval have first been approved.

   I.   Withdrawal of Application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto, provided that the applicant shall have paid all applicable fees pursuant to Subsection 7-201D of this Code. Such withdrawal shall be without prejudice to the applicant's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this Code in the same manner as any other new application.

   A.   Second Applications Without New Grounds Barred. Whenever any application filed pursuant to this Code has been finally denied on its merits, a second application seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless in the opinion of the officer, board, or commission before which it is brought a mistake of law or fact significantly affected the prior denial or there is substantial new evidence available.

   B.   New Grounds to Be Stated. Any such second application shall include a detailed statement of the grounds justifying consideration of such application.

   C.   Summary Denial With or Without Hearing. Any such second application may be denied by the Village Manager summarily, and without hearing, on a finding that no grounds appear that warrant a new hearing. In any case where such application is set for public hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of its application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.

   D.   Exception. Whether or not new grounds are stated, any such second application filed more than one year after the final denial of a prior application shall be heard on the merits as though no prior application had been filed. The applicant shall, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of such evidence, it shall be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application.

   A.   Setting Hearing or Meeting; Time Limitation. When the provisions of this Code require a public hearing or meeting in connection with any application filed pursuant to this Code, the body charged with conducting the hearing or meeting shall, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting shall be commenced no later than 60 days, and shall be concluded no later than 120 days, following the submission of the subject application unless the applicant shall agree to an extension or unless the hearing or meeting agendas of the regularly scheduled meetings of the body are completely committed during that time.

   B.   Notice.

      1.   Giving Notice. The Village Manager shall cause notice to be given of public hearings set pursuant to Subsection A of this Section in the form and manner and to the persons herein specified.

      2.   Content of Notice. All notices shall include the date, time, and place of such public hearing or meeting, a description of the matter to be heard or considered, a legal description of the subject property, and the address or particular location of the subject property.

      3.   Persons Entitled to Notice.

         (a)   All Hearings and Meetings. Notice of every public hearing or meeting set pursuant to Subsection A of this Section shall be given:

            (i)   By mail or personal delivery to the applicant and, if a specified parcel is the subject of the application, to the owner of the subject property.

            (ii)   By mail to any newspaper or other new medium that shall have filed a written request, accompanied by an annual fee as established from time to time by the Village Manager to cover postage and handling, for notice of all public hearings or meetings held pursuant to this Code. Such written request shall automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.

            (iii)   By mail, personal delivery, or interdepartmental delivery to affected Village boards, commissions, departments, officials, and consultants.

   Notice by mail as herein required shall be mailed no fewer than seven days in advance of the public hearing or meeting date by regular United States mail.

         (b)   Hearings on Amendments, Special Use Permits and Variations. In addition to the notice required by Subparagraph B3(a) of this Section, notice of every public hearing set pursuant to Subsection A of this Section in connection with any application for an amendment to this Code or the Zoning Map, a special use permit, or a variation shall be given by publication in a newspaper of general circulation in the Village at least once no less than 15 days nor more than 30 days in advance of the hearing date.

   C.   Referral to Village Commissions and Departments.

   The Village Manager, not later than the time set pursuant to Subsection B of this Section for giving notice, shall refer every application for which this Code requires a public hearing or meeting before either the Zoning Board of Appeals, the Zoning Commission, or the Plan Commission to all appropriate Village commissions and departments for review and comment.

   D.   Conduct of Hearings

      1.   Rights of All Persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body may exclude irrelevant, immaterial, or unduly repetitious evidence.

      2.   Rights of Parties and Proximate Owners. Subject to the discretion of the hearing body, the applicant, any board, commission, department, or official of the Village, and any interested property owner may be allowed, in addition to the rights granted by Paragraph D1 of this Section, any or all of the following rights:

         (a)   To present witnesses on their behalf.

         (b)   To cross-examine all witnesses testifying in opposition to their position.

         (c)   To examine and reproduce any documents produced at the public hearing.

         (d)   To have subpoenas issued by the body in charge of the public hearing as may be provided by State law for persons to appear at the hearings and for examination of documents by the person requesting the subpoena either before or during the hearing, where such persons or documents are shown to have a substantial evidentiary connection with:

            (i)   the property to which the request applies; or

            (ii)   facts that would support or negate the legal standards for granting the request.

         (e)   To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person.

   In determining whether to grant or withhold such rights, the discretion of the hearing body shall be governed by the goal of securing all information and opinion relevant and material to its deliberations. Such rights shall not be granted, however, when undue and unwarranted delay would result, or when to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.

      3.   Adjournment of Hearing. The body conducting the public hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the hearing body may find to be sufficient. The Staff Secretary of the hearing body shall notify in writing all members of the hearing body, all parties to the hearing, and any other person designated on the vote of adjournment of the date, time, and place of the adjourned hearing.

      4.   Testimony to be Sworn. All testimony at any public hearing held pursuant to the provisions of this Code shall be given under oath.

      5.   Right to Submit Written Statements. Any person may at any time prior to the commencement of a public hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard.

      6.   Board or Commission Rules to Govern. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this Code pertaining to, and the rules promulgated by, the body conducting the hearing.

   E.   Pre-Hearing and Pre-Meeting Examination and Copying of Application and Other Documents. At any time following the giving of notice as required in Subsection B of this Section, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the Illinois Freedom of Information Act, all other documents on file with the Office of the Village Manager pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the Village Manager to cover the cost of such copies.

   A.   Authority. The Village Manager shall have authority to issues certificates of zoning compliance, but only in accordance with the provisions of this Section.

   B.   Purpose. The certificate of zoning compliance is intended to serve two general purposes. First, it provides a procedure for reviewing plans for conformance with the Code and a means for evidencing such conformance. Second, it serves as an adjunct to, and thus must be filed prior to or with, all other applications filed pursuant to this Code with respect to a specific use or development proposal. When so filed, it serves as a vehicle for routine plan review by the Village Manager prior to consideration of special requests by other officials, boards, and commissions, thus avoiding needless special reviews of defective plans.

   C.   Certificate Required. Except where expressly waived by another provision of this Code, unless a certificate of zoning compliance shall have first been obtained from the Village Manager:

      1.   The construction, reconstruction, remodeling, alteration, or moving of any structure shall not be commenced; and

      2.   No land vacant on the effective date of this Code shall be used or occupied for any purpose, except open space; and

      3.   The grading, excavation, or improvement of land preliminary to any construction or use of such land shall not be commenced; and

      4.   Building or other permits pertaining to the construction, reconstruction, remodeling, alteration, or moving of any structure or the use of any land or structure shall not be issued by the Village; and

      5.   No temporary use shall be established or maintained except as provided on Paragraph 5-102C1 of this Code; and

      6.   No land shall be annexed to the Village.

   In any case where a certificate of zoning compliance is not required under this Code, the Manager shall, on written request, issue a certificate of such fact.

   D.   Relation to Other Applications. No application filed pursuant to Part II of this Article VII with respect to a specific use or development proposal shall be processed unless an application for a certificate of zoning compliance shall first have been received, processed, and approved, or denied solely on one or more grounds that form the basis for the application filed pursuant to said Part II. It is the intent of this Section that no application filed pursuant to Part II of this Article VII with respect to a specific use or development proposal shall be processed until the Village Manager is satisfied that the proposed use or development complies with the provisions of this Code in all respects except those within the scope of such application. Any application for a building permit shall also be deemed an application for a certificate of zoning compliance.

   E.   Procedure.

      1.   Application. Applications for certificate of zoning compliance shall be filed in accordance with the requirements of Section 7-201 of this Code.

      2.   Action on Application. Within 10 days following receipt of a completed application for a certificate of zoning compliance, the Village Manager shall cause the application and related submissions to be reviewed for compliance with this Code and shall inform the applicant whether the application has been granted or denied. In any case where an application is granted, the Manager shall issue a separate certificate of zoning compliance, which shall state on its face, in bold type, that:

   THIS CERTIFICATE DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL AND IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS    REQUIRED.   SEE THE GLENCOE BUILDING CODE FOR DETAILS.

   BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED. SEE SECTION 7-302 OF THE GLENCOE ZONING CODE AND THE GLENCOE BUILDING CODE FOR DETAILS.

   Alternatively, the certificate of zoning compliance may be issued by means of a stamp on any other permit issued by the Village, which stamp shall state

   CERTIFICATE OF ZONING COMPLIANCE -- SEE ZONING CODE § 7-301 FOR CONDITIONS AND LIMITATIONS.

   In any case where an application is denied, the Manager shall state the specific reasons therefor and shall cite the specific provisions of this Code upon which such denial is based. If relief from such demand would be available pursuant to a companion application filed in connection with the application for a certificate of zoning compliance the Manager shall so inform the applicant and shall promptly process such companion application. If such application is approved, the Manager shall issue the requested certificate of zoning compliance in accordance with the terms and conditions of such approval.

   If relief from the Manager's denial of a certificate of zoning compliance would be available by variation or special use permit, but no application therefor has been filed, the Manager shall so state and shall refer the applicant to the appropriate provisions of this Code.

      3.   Contents of Certificate. Each certificate of zoning compliance (or accompanying building permit, as the case may be) issued pursuant to this Section shall state the specific use of the subject property for which it is issued, shall identify the specific plans, if any, pursuant to which it is issued, and shall set forth any conditions imposed in connection with any approval granted pursuant to this Code.

      4.   File of Certificates. Every certificate issued pursuant to this Section shall be kept on file in the central address files and shall be a public record open to inspection in accordance with the provisions of the Illinois Freedom of Information Act.

   F.   Effect of Issuance of Certificate of Zoning Compliance. The issuance of a certificate of zoning compliance shall not authorize the establishment, expansion, or extension of any use nor the development, construction, relocation, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the Village, including but not limited to a building permit, a certificate of occupancy, and subdivision approval.

   G.   Limitations on Certificates. Subject to an extension of time granted by the Village Manager pursuant to Subsection 7-101K of this Code, a certificate of zoning compliance shall become null and void six months after the date on which it was issued unless within such period construction, reconstruction, remodeling, alteration, or moving of a structure is commenced or a use is commenced.

   H.   Void Certificates. Any certificate of zoning compliance issued in violation of the provisions of this Code, whether intentionally, negligently, or innocently, shall be void ab initio and shall give rise to no rights whatsoever.

   A.   Authority. The Village Manager shall have authority to issue certificates of occupancy; provided, however, that no such certificate shall be issued except in accordance with the provisions of this Section and the provisions of the Village Code governing development, building, and related matters.

   B.   Purpose. For the purposes of this Code, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this Code and approved plans prior to commencement of the use or occupancy of such premises. The certificate may also evidence compliance with other provisions of the Village Code as set forth in those provisions.

   C.   Certificate Required. Unless a certificate of occupancy shall have first been obtained certifying compliance with the provisions of this Code:

      1.   No structure, or addition thereto, constructed, reconstructed, remodeled, altered, or moved after the effective date of this Code shall be occupied or used for any purpose; and

      2.   No land vacant as of the effective date of this Code shall be used or occupied for any purpose, except open space; and

      3.   Except for changes involving only substitution of occupants in existing dwelling units, no use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, remodeling, alteration, or moving is involved.

   This Subsection shall not apply to signs regulated by Section 5-105 of this Code.

   D.   Procedure.

      1.   Application. When no certificate of zoning compliance is required, applications for certificate of occupancy shall be filed in accordance with the requirements of Section 7-201 of this Code. When a certificate of zoning compliance has been issued, the application for that certificate shall also be treated as the application for a certificate of occupancy and shall be processed as such at such time as the applicant notifies the Village Manager in writing that the subject structure or use is ready for a certificate of occupancy in accordance with the certificate of zoning compliance.

      2.   Action on Application. Within 10 days following the receipt of a completed application or a written notice from the applicant in accordance with Paragraph D1 of this Section, the Village Manager shall cause the subject structure or premises to be inspected and shall take one of the following actions based on such inspection:

         (a)   If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this Code, other relevant codes and ordinances of the Village, the applicant's plans as approved, and any conditions attached to any approval issued pursuant to this Code, the Village Manager shall issue a certificate of occupancy.

         (b)   If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the Village Manager shall deny the application and shall inform the applicant in writing of the specific deficiencies on which such denial is based, citing the particular provisions of the codes and ordinances of Village, the particular items in the applicant's plan or the applicable special approval conditions with respect to which compliance is lacking.

      3.   Content of Certificate. In addition to the matters required to be contained in a certificate of occupancy pursuant to other applicable provisions of the Village Code, each certificate of occupancy issued pursuant to this Section shall state the specific use of the subject property for which it is issued and shall set forth any conditions imposed in connection with any approval granted pursuant to this Code.

      4.   Filing of Certificates. Every certificate of occupancy issued pursuant to this Section shall be kept on file in the central address files and shall be a public record open to inspection pursuant to the provisions of the Illinois Freedom of Information Act.

   E.   Temporary Certificate of Occupancy. Notwithstanding the provisions of Paragraph D2 of this Section, when construction, reconstruction, remodeling, or alteration of a structure does not require the vacating of the structure, or when parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling, or alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this Code, other relevant codes and ordinances of the Village, the applicant's plans as approved and any conditions attached to any approvals issued pursuant to this Code with respect to such structure or its premises, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date, which temporary certificate shall bear on its face a statement of its temporary nature; provided, however, that no such temporary certificate shall be issued pursuant to this Code unless said structure also qualifies for a temporary certificate of occupancy issued pursuant to the Building Code. Temporary certificates of occupancy pursuant to this Section and the Building Code may be jointly issued.

   F.   Certificate of Occupancy for Existing Uses. The Village Manager may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this Section with respect to new structures and uses. Such certificate of occupancy shall be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issuance and shall remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this Code are changed.

   G.   Void Certificates. Any certificate of occupancy issued in violation of the provisions of this Code, whether intentionally, negligently, or innocently, shall be void ab initio and shall give rise to no rights whatsoever.

   A.   Authority. The Village Manager, subject to the procedures, standards, and limitations of this Section, may render interpretations, including use interpretations, of the provisions of this Code and of any rule or regulation issued pursuant to it.

   B.   Purpose. The interpretation authority established by this Section is intended to recognize that the provisions of this Code, though detailed and lengthy, cannot possibly address every specific situation to which they may have to be applied. Many such situations, however, can be readily addressed by an interpretation of the specific provisions of this Code in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority herein established is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this Code but rather is intended only to allow authoritative application of that content to specific cases.

   C.   Parties Entitled to Seek Interpretations. Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations shall not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.

   D.   Procedure.

      1.   Application. Applications for interpretations of this Code shall be filed in accordance with the requirements of Section 7-201 of this Code.

      2.   Action on Application. Within 30 days following the receipt of a properly completed application for interpretation, the Village Manager shall inform the applicant in writing of his or her interpretation, stating the specific precedent, reasons, and analysis upon which the determination based. The failure of the Manager to act within 30 days, or such further time to which the applicant may agree, shall be deemed to be a contrary interpretation rendered on the day following such 30-day period thereby allowing the applicant to pursue an appeal pursuant to Section 7-402 of this Code.

      3.   Appeal. Appeals from interpretations rendered by the Village Manager may be taken to the Zoning Board of Appeals as provided in Section 7-402 of this Code.

   E.   Standards for Use Interpretations. The following standards shall govern the Village Manager, and the Zoning Board of Appeals on appeals from the Manager, in issuing use interpretations:

      1.   Any use defined in Section 8-302 of this Code shall be interpreted as therein defined.

      2.   No use interpretation shall permit a use listed as a permitted use or a special permit use in a district to be established in any district in which such use is not so listed.

      3.   No use interpretation shall permit any use in any district unless evidence shall be presented that demonstrates that it will comply with each use limitation established for that particular district.

      4.   No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district and is more similar to such other uses than to uses permitted or specially permitted in a less restrictive district.

      5.   If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a special use permit for such use pursuant to Section 7-502 of this Code.

      6.   No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.

      7.   Subject to the foregoing conditions and limitations, in rendering use interpretations the Village Manager shall be guided by the Standard Industrial Classification Manual and the use classification method-ology used therein.

   F.   Effect of Favorable Use Interpretation. No use interpretation finding a particular use to be permitted or specially permitted in a particular district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the Village including, but not limited to, a special use permit, a certificate of zoning compliance, a building permit, a certificate of occupancy, and subdivision approval.

   G.   Limitations on Favorable Use Interpretations. Subject to an extension of time granted by the Village Manager pursuant to Subsection 7-101K of this Code, no use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be valid for a period longer than six months from the date of issue unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.

   A use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be deemed to authorize only the particular use for which it was issued, and such permit shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued. Such permit shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of six consecutive months or more.

   A.   Authority. The Zoning Board of Appeals shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Village Manager acting pursuant to his or her authority and duties under this Code, and to that end the Zoning Board of Appeals shall have the same powers and be subject to the same standards and limitations as the Village Manager with respect to any order, decision, or determination being appealed.

   B.   Purpose. The appeal procedure is intended to avoid the need for resort to legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intents of this Code or the rightful authority of the Village Manager to enforce the requirements of this Code. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this Code and to the reasonable interpretations of that language by those charged with the administration of this Code.

   C.   Parties Entitled to Appeal. An appeal may be taken by any officer, department, board, commission, or bureau of the Village, or by any person aggrieved or adversely affected by an order, decision, determination, or failure to act of the Village Manager acting pursuant to his or her authority and duties under this Code.

   D.   Procedure.

      1.   Application. An application for appeal to the Zoning Board of Appeals shall be filed not later than 45 days after the action being appealed and in accordance with the requirements of Section 7-201 of this Code.

      2.   Action by Village Manager. Upon receipt of a properly completed application for an appeal, the Village Manager shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken.

      3.   Public Hearing. A public hearing shall be set, noticed, and conducted in accordance with Section 7-203 of this Code.

      4.   Action by Zoning Board of Appeals. Within 45 days following the close of the public hearing, the Zoning Board of Appeals shall render a decision on the appeal in the manner and form specified in Subsection 7-102H of this Code. Such decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the Board of Appeals, is proper to be made in the premises. The failure of the Board of Appeals to act within such 45 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the appeal.

   E.   Stay of Proceedings. An application for appeal properly filed pursuant to Subsection D of this Section shall stay all proceedings in the furtherance of the action appealed from, unless the Village Manager certifies to the Zoning Board of Appeals after the application for appeal has been filed with the Manager that, by reason of facts stated in the certificate, a stay would, in the Manager's opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by the Illinois Circuit Court on application, upon reasonable written notice to the Manager and on due cause shown.

   F.   Right to Grant Variation in Deciding Appeals. In any case where the application for appeal is accompanied by an application for variation in accordance with Section 7-403 of this Code, the Zoning Board of Appeals shall have the authority to grant, as part of the relief, a variation, but only in strict compliance with each provision of Section 7-403 of this Code.

   G.   Conditions and Limitations on Rights Granted by Appeal. In any case where this Code imposes conditions and limitations upon any right, any such right granted by the Zoning Board of Appeals on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.

   A.   Authority. The Zoning Board of Appeals shall have the authority to grant variations from the provisions of this Code, but only in compliance with the provisions of this Section.

   B.   Purpose. The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from particular applications of this Code that create practical difficulties or particular hardships for which no other remedy is available.

   C.   Parties Entitled to Seek Variations. Applications for variations may be filed by the owner of the subject property.

   D.   Procedure.

      1.   Application. Applications for variations shall be filed in accordance with the requirements of Section 7-201 of this Code. In addition, every application for variation shall include a landscaping plan or other evidence of landscaping for the lot or lots for which the variation is sought.

      2.   Public Hearing. A public hearing shall be set, noticed, and conducted in accordance with Section 7-203 of this Code.

         (a)   Action by Zoning Board of Appeals. Within 45 days following the close of the public hearing, the Zoning Board of Appeals shall render its decision granting or denying the variation, in the manner and form specified by Subsection 7-102H of this Code. The failure of the Board of Appeals to act within 45 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the variation.

   E.   Authorized Variations

      1.   Permitted Variations. The Zoning Board of Appeals may vary the provisions of this Code only as provided in this Paragraph E1. The authority of the Zoning Board of Appeals to vary the provisions of this Code are subject to the prohibitions set forth in Paragraph E2 of this Section and proof by the applicant of each of the standards set forth in Subsection F of this Section.

   Under no circumstances shall the list of permitted variations in this Paragraph E1 be construed as an entitlement, right, or claim for any applicant.

   The Zoning Board of Appeals may vary the provisions of this Code in harmony with its authority and purposes and so that the spirit of this Code shall be observed, public safety and welfare secured, and substantial justice done in the following cases and in no others:

         (a)   To reduce by not more than 20 percent the dimension of any required front, side, or rear yard, or setback; provided, however, that where the maximum front yard variation provided by this Subparagraph requires a front yard greater than 25 percent of the depth of the lot, the Zoning Board of Appeals may make a further variation which shall in no case establish a front yard line at a distance less than 25 percent of the lot depth; provided further that where the rear lot line in a residential district abuts the rear or side lot line of a lot zoned B-1 or B-2, the Zoning Board of Appeals may further reduce the dimension of any required rear yard to allow for the construction, reconstruction, or expansion of any accessory structure on the residential property (Amended Oct 1994); provided further that on corner or through lots, the Zoning Board of Appeals may reduce the required front setback for accessory structures, including residential recreational facilities, to no less than 12 feet; provided further, however, that no variation shall be granted from Green Bay Road yard requirements for lots in the B-2 District. (Am. Ord. 2022-08-3528, passed 3-17-2022)

         (b)   To increase by not more than five percent the maximum allowable height of a structure.

         (c)   To reduce by not more than 10 percent the required lot area of any lot.

         (d)   To reduce by not more than 15 percent the required average lot width of any lot.

         (e)   To increase by not more than 15 percent the maximum total ground coverage of a lot or the maximum building coverage allowed for accessory buildings.

         (f)   To allow, notwithstanding the limitations contained in Subparagraphs (a), (c), (d), and (e) of this Paragraph, the restoration of a structure occupied by a nonconforming use or a nonconforming accessory structure, when such structure has been damaged or destroyed to the extent of more than 50 percent of the cost of replacing such structure new, without elimination of such nonconformity, and without requiring any special use permit that might otherwise be required pursuant to Section 7-502 of this Code.

         (g)   (deleted - Feb 19, 2004

         (h)   (reserved)

         (i)   To increase by not more than 15 percent the maximum gross floor area of the structures on a lot.

         (j)   For a vertical extension of a nonconforming structure only, to reduce by any amount the dimensions of the required front, side, or rear yard or setback, provided that no point on such vertical extension is closer to the front, side, or rear lot line than the portion of the nonconforming structure over which the vertical extension is added.

         (k)   To permit any of the foregoing variations in excess of the stated limits when necessary for the restoration of an historically or aesthetically important feature of a structure that has been certified either as a landmark or as part of any historic district in the Village.

         (l)   To allow the erection, maintenance, or moving of a sign otherwise prohibited under Section 5-105 of this Code, provided that no variation shall allow a sign to exceed by more than 15 percent the maximum height or signage area permitted in Section 5-105.

         (m)   Subject to the limitations in subparagraphs (a), (b), and (c) above, to vary the location, lighting, or use requirements for tennis courts.

         (n)   To allow portions of buildings to intercept the setback plane to an extent greater than permitted under Paragraph 3-111G14 of this Code.

         (o)   To allow the construction of garages with vehicular doors extending more than 18 feet, or a single door more than 9 feet, but not in excess of 27 feet, along with the building front or corner building front, notwithstanding the limitations based on frontage in Subsection 3-108C of this Code.

         (p)   To exercise such other powers of variation as are or may be vested in the Zoning Board of Appeals by law.

      2.   Prohibited Variations. Notwithstanding any other provision of this Section, no variation shall be granted that is intended as a temporary measure only.

   F.   Standards for Variations.

      1.   General Standard. No variation shall be granted pursuant to this Section unless the applicant shall establish that carrying out the strict letter of the provisions of this Code would create a particular hardship or a practical difficulty. Such a showing shall require proof that the variation being sought satisfies each of the standards set forth in this Subsection F.

      2.   Unique Physical Condition. The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.

   Alternatively, a lot may qualify for a variation where there exists on or in connection with such lot physical, historical, or architectural features that have exceptional relevance to the surrounding properties or the community as a whole, if the strict application of the regulation in question would affect such features in a way that would cause detriment to the interests of surrounding properties or the community as a whole; provided, however, that the foregoing shall only apply to lots having a physical, historical, or architectural feature that either: (a) is certified as a landmark pursuant to Chapter 26A of the Glencoe Village Code, or (b) has received honorary status as set forth in chapter 26B of the Village Code, or (c) the Glencoe Historic Preservation Commission has concluded that the lot satisfies the criteria for certification as a landmark as set forth in Chapter 26A of the Glencoe Village Code or honorary status as set forth in chapter 26B of the Village Code.(Paragraph added and adopted December, 2002; Amended Ord. 2013-10-3340, passed March 21, 2013)

      3.   Not Self-Created. The aforesaid unique physical condition is not the result of any action or inaction of the owner, or of the owner's predecessors in title and known to the owner prior to acquisition of the subject property, and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of this Code, for which no compensation was paid.

      4.   Not Merely Special Privilege. The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the use of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship shall not be a prerequisite to the grant of an authorized variation.

      5.   Code and Plan Purposes. The variation would not result in a use or development of the subject property that would be not in harmony with the general and specific purposes for which this Code and the provision from which a variation is sought were enacted.

      6.   Essential Character of the Area. The variation would not result in a use or development on the subject property that:

         (a)   Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development, or value of property or improvements permitted in the vicinity; or

         (b)   Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity; or

         (c)   Would substantially increase congestion in the public streets due to traffic or parking; or

         (d)   Would unduly increase the danger of flood or fire; or

         (e)   Would unduly tax public utilities and facilities in the area; or

         (f)   Would endanger the public health or safety.

   G.   Variation Less Than Requested. A variation less than or different from that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.

   H.   Conditions on Variations. The Zoning Board of Appeals may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code upon the premises benefitted by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the resolution granting the variation and in any zoning or building permit based thereon. Violation of any such condition or limitation shall be a violation of this Code and shall constitute grounds for revocation of the variation.

   I.   Parking Space Variation. In addition to the conditions set forth in Subsection H of this Section, any variation in the number of parking spaces required by Subparagraphs 5-104E1(h)(i) and 5-104E1(h)(ii) of this Code shall be conditioned upon approval by the Zoning Board of Appeals of, and in strict compliance with, a detailed parking plan setting forth the exact number of parking spaces to be provided and showing all provisions for (1) wheel stops, (2) markings, (3) surfacing, (4) screening and landscaping, (5) lighting, and (6) access. Further, such variation may also be conditioned upon specific limitations of the use of the premises, which limitations shall be unconditionally agreed to by the owner of the premises and entered upon the records of the Recorder of Deeds in the county where such premises are located. Such conditions shall be expressly set forth in the resolution granting the variation and in any zoning or building permit based thereon.

   J.   Affidavit of Compliance with Conditions. Whenever any variation authorized pursuant to this Section is made subject to conditions and limitations to be met by the applicant, the Village Manager may require the applicant, upon satisfying such conditions, to file with the Village an affidavit certifying such satisfaction.

   K.   Effect of Grant of Variation. The grant of a variation shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approval that may be required by the codes and ordinances of the Village including, but not limited to, a building permit, a certificate of zoning compliance, and subdivision approval.

   L.   Limitations on Variations.

      1.   Time Period. Subject to an extension of time granted by the Zoning Board of Appeals as authorized by Paragraph 2 of this Subsection 7-403L, no variation from the provisions of this Code shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion.

      2.   Time Extension. The Zoning Board of Appeals may, upon written request of the owner of the subject property, extend the time limit imposed by Paragraph L1 of this Section for a period not exceeding 12 months if it deems such an extension appropriate and necessary to avoid undue hardship to such owner. Such written request must be submitted to the Zoning Board of Appeals prior to the expiration of the time limit for which an extension is sought. Any such extension shall be made by written resolution.

      3.   Removal. A variation shall be deemed to authorize only the particular construction or development for which it was issued and shall automatically expire and cease to be of any force or effect if such construction or development shall be removed and not replaced within twelve months following such removal.

      4.   Expiration. In the event that any variation granted by the Zoning Board of Appeals becomes invalid by virtue of the passage of time pursuant to Paragraphs L1 or L3 of this Section, the owner of the subject property may reapply for such variation, but such re-application shall be treated as a new application and shall be granted or denied based solely on the facts and circumstances shown to exist at the time of such new application.

   A.   Authority. This Code and the Zoning Map may be amended from time to time by ordinance duly enacted by the Board of Trustees in accordance with the procedures set out in this Section.

   B.   Purpose. The amendment process established by this Section is intended to provide a means for making changes in the text of this Code and in the Zoning Map that have more or less general significance or application. It is not intended to relieve particular hardships nor to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this Code and the Zoning Map in light of changing, newly discovered, or newly important conditions, situations, or knowledge.

   C.   Parties Entitled to Seek Amendment. An application for an amendment may be filed by the Board of Trustees, the Zoning Board of Appeals, the Plan Commission, the owner of any property to be affected by a proposed amendment to the Zoning Map, or any person interested in a proposed amendment to the text of this Code.

   D.   Procedure.

      1.   Application. Application for amendments shall be filed in accordance with the requirements of Section 7-201 of this Code; provided, however, that amendments proposed by the Board of Trustees, the Zoning Board of Appeals, or the Plan Commission, shall not be subject to said Section but shall be transmitted to the Village Manager in such form as may seem appropriate to the initiating body.

      2.   Preliminary Consideration by Board of Trustees.

         (a)   Referral to Board. Every properly filed and completed application or proposal for an amendment to this Code, before being processed in any other manner, shall be referred to the Board of Trustees for a determination as to whether the application merits a hearing and consideration by the Zoning Commission or should be summarily denied.

         (b)   Notice of Applicant; Right to be Heard. Notice of the meeting at which the issue will be considered shall be given to the applicant at least 48 hours before such meeting and the applicant or his representative shall, subject to the rules of the Board of Trustees, have the right to be heard on the issue.

         (c)   Action by Board. The Board of Trustees, not later than the first meeting after the meeting at which the issue first appears on its agenda, shall either summarily deny the application or refer it to the Zoning Commission for public hearing. The affirmative vote of at least four members of the Board of Trustees shall be necessary to summarily deny an application; any other vote shall be sufficient to refer the application for a hearing. In the case of any such referral, the date of such referral shall be deemed to be the date of filing for computation of all time periods under this Code. A summary denial shall have the same legal effect as a denial after a full hearing.

         (d)   Standard. In considering the issue of whether to summarily deny or refer an application for hearing, the Board of Trustees shall be guided by the legislative standard that applies to granting an application for an amendment as set forth in Subsection E of this Section. The Board of Trustees should summarily deny an application in any case where its legislative judgment is that that standard cannot be met with regard to the proposed amendment.

      3.   Public Hearing. In any case where an application for amendment is referred to the Zoning Commission for a hearing, a public hearing shall be set, noticed, and conducted by the Zoning Commission in accordance with Section 7-203 of this Code.

      4.   Action by Zoning Commission. Within 45 days after the conclusion of the public hearing, the Zoning Commission shall transmit to the Board of Trustees its recommendation in the form specified by Subsection 7-103H of this Code. The failure of the Zoning Commission to act within 45 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the proposed amendment as submitted.

      5.   Action by Board of Trustees; Protest. Within 60 days after the receipt of the recommendation of the Zoning Commission, or its failure to act as above provided, the Board of Trustees either shall deny the application or, by ordinance duly adopted, shall adopt the proposed amendment, with or without modifications; provided, however, that in the event a duly signed and acknowledged protest against a proposed amendment is filed with the Village Clerk before the adoption of such amendment by the owners of record of 20 percent or more of the frontage to be affected by the proposed amendment, or by the owners of record of 20 percent or more of the frontage immediately adjoining or across an alley therefrom, or by the owners of record of 20 percent or more of the frontage directly opposite the frontage to be affected, such amendment shall not be passed except by a two-thirds vote of all the Trustees then holding office.

   The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the application.

   E.   Standard for Amendments. The wisdom of amending the Zoning Map or the text of this Code is a matter committed to the sound legislative discretion of the Board of Trustees and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the Board of Trustees should be guided by the principle that its power to amend this Code is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the Board of Trustees should weigh, among other factors, the following factors:

      1.   The consistency of the proposed amendment with the purposes of this Code.

      2.   The existing uses and zoning classifications for properties in the vicinity of the subject property.

      3.   The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present zoning classification.

      4.   The extent, if any, to which the value of the subject property is diminished by the existing zoning classification applicable to it.

      5.   The extent, if any, to which any such diminution in value is offset by an increase in the public health, safety, and welfare.

      6.   The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.

      7.   The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.

      8.   The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment.

      9.   The suitability of the subject property for uses permitted or permissible under its present zoning classification.

      10.   The availability, where relevant, of adequate ingress to and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.

      11.   The availability, where relevant, of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present zoning classification.

      12.   The length of time, if any, that the subject property has been vacant, considered in the context of the pace of development in the vicinity of the subject property.

      13.   The community need for the proposed amendment and for the uses and development it would allow.

      14.   The reasons, where relevant, why the subject property should be established as part of an overlay district and the positive and negative effects such establishment could be expected to have on persons residing in the area.

   A.   Authority. The Board of Trustees, in accordance with the procedures and standards set forth in this Section and by ordinance duly adopted, may grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the subject property is located.

   B.   Purpose. Special uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.

   C.   Parties Entitled to Seek Special Use Permits. An application for a special use permit may be filed by the owner of the subject property.

   D.   Procedure.

      1.   Application. Applications for special use permits shall be filed in accordance with the requirements of Section 7-201 of this Code.

      2.   Public Hearing. A public hearing shall be set, noticed, and conducted by the Zoning Commission in accordance with Section 7-203 of this Code.

      3.   Action by Zoning Commission. Within 45 days after the conclusion of the public hearing, the Zoning Commission shall transmit to the Board of Trustees its recommendation in the form specified by Subsection 7-103H of this Code, recommending either granting the application for a special use permit; granting the application subject to conditions, as specified in Subsection F of this Section; or denying the application. The failure of the Zoning Commission to act within 45 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the proposed special use permit.

      4.   Action by Board of Trustees. Within 60 days after the receipt of the recommendation of the Zoning Commission, or its failure to act as above provided, the Board of Trustees either shall deny the application or, by ordinance duly adopted, shall grant the special use permit, with or without modifications or conditions. The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the special use permit.

   E.   Standards for Special Use Permits.

      1.   General Standards. No special use permit shall be recommended or granted pursuant to this Section unless the applicant shall establish that:

         (a)   Code and Plan Purposes. The proposed use and development will be in harmony with the general and specific purposes for which this Code was enacted and for which the regulations of the district in question were established and with the general purpose and intent of the Official Comprehensive Plan.

         (b)   No Undue Adverse Impact. The proposed use and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area, parking, utility facilities, and other matters affecting the public health, safety, and general welfare.

         (c)   No Interference with Surrounding Development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.

         (d)   Adequate Public Facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, water and sewers, parks, libraries, and schools, or the applicant will provide adequately for such services.

         (e)   No Traffic Congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

         (f)   No Destruction of Significant Features. The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

         (g)   Compliance with Standards. The proposed use and development complies with all additional standards imposed on it by the particular provision of this Code authorizing such use.

      2.   Special Standards for Specified Special Uses. When the district regulations authorizing any special use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district shall not be recommended or granted unless the applicant shall establish compliance with such special standards.

      3.   Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Zoning Commission and the Board of Trustees shall consider:

         (a)   Public Benefit. Whether and to what extent the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.

         (b)   Alternative Locations. Whether and to what extent such public goals can be met by the location of the proposed use and development at some other site or in some other area that may be more appropriate than the proposed site.

         (c)   Mitigation of Adverse Impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.

   F.   Conditions on Special Use Permits. The Zoning Commission may recommend and the Board of Trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code upon the premises benefitted by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services and to insure compliance with the standards in this Section. Such conditions shall be expressly set forth in the ordinance granting the special use. Violation of any such condition or limitation shall be a violation of this Code and shall constitute grounds for revocation of the special use permit.

   G.   Affidavit of Compliance with Conditions. Whenever any special use permit granted pursuant to this Section is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Village Manager so stating.

   H.   Effect of Issuance of a Special Use Permit. The grant of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building, or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the codes and ordinances of the Village, including but not limited to a building permit, a certificate of zoning compliance, a certificate of occupancy, and subdivision approval.

   I.   Limitations on Special Use Permits.

      1.   Time Period. Subject to an extension of time granted by the Board of Trustees as authorized by Paragraph 2 of this Subsection 7-502I, no special use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of zoning compliance is issued and a use commenced within that period.

      2.   Time Extension. The Board of Trustees may, upon request of the owner of the subject property, extend the time limit imposed by Paragraph 12 of this Section for a period not exceeding 12 months if it deems such an extension appropriate. Such written request must be submitted to the Board of Trustees prior to the expiration of the time limit for which an extension is sought. Any such extension shall be made by written resolution or ordinance.

      3.   Termination. A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.

      4.   Site Specific. Except when otherwise provided in the ordinance granting a special use permit, a special use permit shall be deemed to relate to, and be for the benefit of, the use and lot in question rather than the owner or operator of such use or lot.

   J.   Amendments to Special Use Permits. Except for time extensions pursuant to Paragraph 7-502I2, a special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this Section for its original approval.

   A.   Authority. The Village Manager, Plan Commission, and Board of*new 1997 Trustees, in accordance with the procedures and standards set out in this Section, may grant approval of building permit applications requiring exterior appearance review and approval pursuant to Subsections 3-108B and 4-107A of this Code.

   B.   Purpose. The appearance review process is intended to protect, preserve, and enhance the character and architectural heritage and quality of the Village, to pro-tect, preserve, and enhance property values, and to promote the health, safety, and welfare of the Village and its residents.

   C.   Parties Entitled to Seek Exterior Appearance Review. Applications for building permits requiring appearance review and approval pursuant to this Code may be filed by the owner of the subject property.

   D.   Procedure. *new 1997

      1.   Application. Applications for building permits requiring exterior appearance review and approval pursuant to this Code shall be filed in accordance with the requirements of Section 7-201 of this Code. In addition to information otherwise provided with a building permit application, an application for appearance review and approval shall also include the following information:

         (a)   Detailed plans depicting all work proposed to be done, including detail renderings of any exterior alterations and of the exterior of any proposed new building. Such rendering shall show proposed exterior colors and textures.

         (b)   A statement of how the work proposed to be done satisfies the objectives and criteria of the appearance guide.

         (c)   Such other and additional data, information, or documentation as the Village Manager or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

      2.   Action by Village Manager.

         (a)   Referral to Plan Commission. Except as provided in Subparagraph 2(b) of this Subsection, the Village Manager shall deliver each application for a building permit for which appearance review and approval is required to the Plan Commission within 28 days after the filing of said application.

         (b)   Specified Categories of Applications. Whenever the Plan Commission shall specify categories of building permit applications, if any, for which the Village Manager is to undertake appearance review and approval, the Manager shall, within 28 days after the filing of such applications, review each such application in accordance with the criteria set forth in Subsection E of this Section. The Village Manager shall mail or personally deliver to the applicant a written decision within said 28 day period either approving, denying, or approving subject to modifications to the application. If the Manager approves such application for exterior appearance review and approval, or approves said application subject to modifications to which the applicant agrees in writing to accept, or if the Manager fails to mail or personally deliver to the applicant a written decision within said 28 day period, the application for appearance review shall be deemed final and approved and shall not be subject to further review by, or appeal to, any Village board or commission; otherwise a public meeting before the Plan Commission shall be conducted as provided for in Paragraph D3 of this Section.

      3.   Action by Plan Commission. Within 45 days after the Village Manager delivers to the Plan Commission a building permit application for which exterior appearance review and approval is required as provided for in Subparagraph D2(a) of this Section, or within 45 days after the Village Manager delivers a written decision on an application as provided for in Subparagraph D2(b) of this Section, the Plan Commission shall set, notice and hold a public meeting in accordance with the requirements of Section 7-203 of this Code and shall review said application in accordance with the criteria set forth in Subsection E of this Section. Within 35 days after the conclusion of the public meeting, the Plan Commission shall, by resolution adopted in accordance with Subsection 7-104H of this Code, either:

         (a)   Approve the application as submitted; or

         (b)   On the basis of written findings in accordance with Paragraph E2 of this Section, approve it subject to specific modifications; or

         (c)   On the basis of such findings, deny approval of such application.

   If the Plan Commission approves the application for appearance review and approval or approves the application subject to modifications to which the applicant agrees in writing to accept, or if the Plan Commission fails to act within 35 days after the conclusion of the public meeting (or such further time to which the applicant may agree), the application shall be deemed final and approved and shall not be subject to further review by, or appeal to, any Village board or commission. If the Plan Commission denies the application or approves it subject to modifications that the applicant refuses to accept, then the applicant may file an appeal to the Board of Trustees in accordance with Paragraph D4 of this Section. If no such appeal is filed, the applicant shall be deemed to have abandoned and withdrawn the application for a building permit and appearance review and approval.

      4.   Appeal to Board of Trustees.

         (a)   Application for Appeal. An applicant may appeal a decision of the Plan Commission either denying an application for appearance review and approval or approving such application subject to modifications by filing with the Village Manager an application for appeal to the Board of Trustees within 21 days after the decision of the Plan Commission. Such application for appeal shall include the following information:

            (i)   A copy of the original application for appearance review and approval.

            (ii)   A statement of the applicant’s position as to the alleged errors in the Plan Commission’s actions on the application and as to why approval of the application is justified and proper.

   The Village Manager shall promptly forward such application as well as the decision of the Plan Commission to the Board of Trustees.

         (b)   Board Action. The Board of Trustees shall consider each application for appeal at its first regular meeting scheduled not less than 21 days after the filing of such application for appeal, unless otherwise agreed to by the Village and the applicant. Upon review of the application for appeal and the decision of the Plan Commission, the Board of Trustees shall, by resolution duly adopted, either approve the application for appearance review and approval as submitted, or shall make modifications acceptable to the applicant and approve such modified application, or shall disapprove it in accordance with Subsection E of this Section either with or without a remand to the Plan Commission for further consideration. The failure of the Board of Trustees to act within 60 days after receipt of the application for appeal, or such further time to which the applicant may agree, shall be deemed an affirmance of the decision of the Plan Commission.

   E.   Design Guidelines and Criteria.

      1.   Design Guidelines. For purposes of this Section 7-503, the provisions of the design guidelines and criteria for the Village of Glencoe, which may be adopted or amended from time-to-time pursuant to resolution of the Village Board of Trustees (the “design guidelines”), shall apply. To the extent any provision of the design guidelines is in conflict with State law or with any ordinance of the Village, then such State law or Village ordinance shall prevail. (Section E adopted Sept 11, 2003)

      2.   Criteria. No application for appearance review and approval shall be disapproved or denied except on the basis of specific written findings directed to objectives and standards in the appearance guide. In addition, no application for appearance review and approval for a multiple family dwelling in the RD District shall be approved if there is a finding that such application has any of the following negative impacts:

         a)   Disproportionality. The proposed building is disproportionate in size to surrounding development.

         b)   Misfit/Mismatch of Building and Lot. The proposed building is disproportionate in size to the lot.

         c)   Intrusion. The proximity of the proposed building or unit to another building or unit causes an unreasonable intrusion into the privacy of another. (#2 added June 3, 2004)

   F.   Limitation. Approval of an application pursuant to this Section is not a permit or an authorization for development but merely a mandatory criterion for the issuance of a building permit. This Section shall not be construed to limit the application or effect of the Village's building codes and ordinances or to relieve the applicant from the responsibility of complying with all such codes and ordinances. Appearance review and approval shall relate solely to the work shown on the approved plans (subject to any required modifications) and it shall be unlawful for any person to deviate from such plans without obtaining an amendment to said plans in the same manner as herein provided for obtaining the original exterior appearance review approval.

   A.   Authority. The Board of Trustees, in accordance with the procedures and standards set out in this Section and by Ordinance duly adopted, may grant site plan approval to uses and developments requiring such approval pursuant to Subsection 7-504C of this Code.

   B.   Purpose. The site plan review process recognizes that even those uses and developments that have been determined to be generally suitable for location in a particular district are capable of adversely affecting the purposes for which this Code was enacted unless careful consideration is given to critical design elements. It is the purpose of this Section to provide a procedure for the review of the developer’s attention to such elements.

   C.   Site Plan Approval Required. Site plan approval shall be required in connection with any development or use specifically requiring site plan review and approval pursuant to this Code.

   D.   Parties Entitled to Seek Site Plan Approval. Applications for site plan review may be filed by the owner of, or any person having a contractual interest in, the subject property.

   E.   Procedure.   

      1.   Application. Applications for site plan approval shall be filed in accordance with the requirements of Section 7-201 of this Code.

      2.   Public Meeting. A public meeting shall be set, noticed, and conducted by the Plan Commission in accordance with Section 7-203 of this Code. Such public meeting may be continued from time-to-time.

      3.   Action by Plan Commission. Within 35 days following the conclusion of the public meeting, the Plan Commission shall transmit to the Board of Trustees its recommendation, recommending either approval of the site plan or disapproval based on one or more of the standards set forth in Paragraph 7-504F1 of this Code. In the case of any recommendation for disapproval, suggestions as required by Paragraph 7-504F2 of this Code shall be provided. The failure of the Plan Commission to act within 35 days, or such further time to which the applicant may agree, shall be deemed to be a recommendation for approval of the site plan as submitted.

      4.   Action by Board of Trustees. Within 60 days following receipt of the recommendation of the Plan Commission, or its failure to act as provided, the Board of Trustees, by ordinance duly adopted, shall approve the site plan as submitted, or shall make modifications acceptable to the applicant and approve such modified site plan, or shall disapprove it in the manner hereinafter specified either with or without a remand to the Plan Commission for further consideration. The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying site plan approval.

   F.   Standards for Site Plan Disapproval.

      1.   Standards. Except as otherwise provided in Paragraph 7-504E4, the Board of Trustees shall not disapprove, and the Plan Commission shall not recommend disapproval of, a site plan submitted pursuant to this Section except on the basis of specific written findings directed to one or more of the following standards:

         (a)   The application is incomplete in specified particulars.

         (a)   The application is submitted in connection with another application, the approval of which is a condition precedent to the necessity for site plan review, and the applicant has failed to secure approval of that application.

         (b)   The site plan fails to adequately meet specified standards required by this Code with respect to the proposed use or development, including special use standards where applicable, or contains or reveals violations of this Code or other applicable regulations that the applicant, after written request, has failed or refused to supply or correct.

         (c)   The proposed site plan interferes with easements or rights-of-way.

         (d)   The proposed site plan unreasonably destroys, damages, detrimentally modifies, or interferes with the enjoyment of significant natural, topographical, or physical features of the site.

         (e)   The proposed site plan is unreasonably injurious or detrimental to the use and enjoyment of surrounding property.

         (f)   The proposed site plan creates undue traffic congestion or hazards in the public streets, or the circulation elements of the proposed site plan unreasonably create hazards to safety on or off site or disjointed, inefficient pedestrian or vehicular circulation paths on or off site.

         (g)   The screening of the site does not provide adequate shielding from or for nearby uses.

         (h)   The proposed structures or landscaping are unreasonably lacking amenity in relation to, or are incompatible with, nearby structures and uses.

         (i)   In the case of site plans submitted in connection with an application for a special use permit, the proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance.

         (j)   The proposed site plan creates unreasonable drainage or erosion problems or fails to fully and satisfactorily integrate the site into the overall existing and planned drainage system serving the Village.

         (k)   The proposed site plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactorily integrate the site’s utilities into the overall existing and planned utility systems serving the Village.

         (l)   The proposed site plan does not provide for required public uses.

         (m)   The proposed site plan otherwise adversely affects the public health, safety, or general welfare.

      2.   Alternative Approaches. In citing any of the foregoing standards, other than those of Subparagraph 7-504F1(a) and 7-504F1(b), as the basis for disapproving a site plan, the Plan Commission or the Board of Trustees shall suggest alternative site plan approaches that could be developed to avoid the specified deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the applicant’s objectives.

      3.   Effect of Site Plan Approval. Approval of a site plan shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filling, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the Village including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy, and subdivision approval. A copy of every approved site plan shall be filed with the Village Manager and the development of the site shall be in substantial conformity with such approved and filed plan.

      4.   Limitations on Site Plan Approval. Subject to an extension of time granted by the Village Manager, no site plan approval shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.

   G.   Adjustments to Site Plan During Development.

      2.   Minor Adjustments. During the development of the site, the Village Manager may authorize minor adjustments to a site plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

         (a)   Altering the location of any one structure or group of structures by not more than 20 feet or one-fourth of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the site plan, whichever is less.

         (b)   Altering the location of any circulation element by not more than 20 feet or one-fourth of the distance shown on the approved site plan between such circulation element and any structure, whichever is less.

         (c)   Altering the location of any open space by not more than 50 feet.

         (d)   Altering any final grade by not more than 10 percent of the originally planned grade.

         (e)   Altering the location or type of landscaping elements.

   Such minor adjustments shall be consistent with the intent and purpose of this Code and the site plan as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this Code.

      2.   Major Adjustments. Any adjustment to a site plan that is not authorized by the preceding Paragraph 7-504I1 shall be considered to be a major adjustment and shall be granted only upon application to and approval by the Board of Trustees. The Board of Trustees, by ordinance duly adopted, may grant approval for a major adjustment without referral to the Plan Commission upon finding that any change in the site plan as approved will be in substantial conformity with said site plan. If the Board of Trustees determines that a major adjustment is not in substantial conformity with the site plan as approved, then the Board of Trustees shall refer the request to the Plan Commission for further consideration and review as provided in Subsection 7-504E of this Code.

   H.   Amendments to Site Plan Following Completion of Development. After a site is developed in accordance with an approved site plan, the approved site plan may be amended, varied, or altered in the same manner and subject of the same limitations, as provided for original approval of site plans.

   A.   Authority. This Section establishes special regulations that apply notwithstanding other general regulations in this Code, but only pursuant to and subject to the purposes and procedures hereinafter set forth in this Section. The Contextual Design Review Commission, in accordance with the procedures, limitations, and standards set out in this Section or otherwise duly adopted by the Contextual Design Review Commission, may grant contextual design review approval for single family dwellings seeking such approval, which approval may contain adjustments to the generally applicable zoning regulations to the extent permitted in this Section and expressly authorized as part of any contextual design review approval.

   B.   Purpose. The Board of Trustees recognizes that zoning regulations are, by nature and necessity, to be applied generally to many different settings and circumstances. Although such general applicability fosters consistency and stability, particularly in residential areas, it does not always provide sufficient flexibility to encourage excellence and innovation in design. In addition, the strict standards for securing variations from the zoning regulations in this Code may not accommodate the types of modest adjustments needed for residential designs to reduce the appearance of excessive bulk while enhancing the dwellings themselves, adjacent properties, and the neighborhoods in which they are located. In order to address opportunities for enhanced residential designs that reduce the appearance of excessive bulk and contribute to and maintain the character of a neighborhood without adversely impacting adjacent properties, this Section authorizes and encourages owners to submit their proposed designs to the Contextual Design Review Commission. Minor adjustments to the generally applicable regulations of this Code are available to promote better residential design in the context of the Village's neighborhoods. Contextual design review shall be entirely voluntary, and no person shall be entitled to any adjustments from the regulations of this Code under the Contextual Design Review procedures except with respect to a specific design and overall plan expressly approved by the Contextual Design Review Commission.

   C.   Applicability of Contextual Design Review. Contextual design review is available for any new construction of, addition to, or alteration of a single family dwelling. Contextual design review shall not be required for any single family dwelling development, but no single family dwelling development shall be entitled to seek or obtain any adjustments as authorized pursuant to Subsection 7-505G of this Code unless the Contextual Design Review Commission grants contextual design review approval for a specific plan, and such adjustments shall only be available for development conforming to such specific plan, as well as any conditions of contextual design review approval. 

   D.   Parties Entitled to Seek Contextual Design Review Approval. Applications for contextual design review may be filed by the owner of, or any person having a contractual interest in, the subject property.

   E.   Procedure.

      1.   Pre-Application. Prior to filing an application for contextual design review, a prospective applicant shall contact the Staff Secretary to the Contextual Design Review Commission to schedule a pre-application meeting. The Staff Secretary, or not more than two members of the Commission, or both shall meet with the prospective applicant to review the process and to preliminarily assess the single family dwelling development that is contemplated to be the subject of an application for contextual design review. Following such meeting, a prospective applicant shall have the right, but not the obligation, to file an application for contextual design review.

      2.   Application; Fee. Applications for contextual design review approval shall be filed in accordance with the requirements of Section 7-201 of this Code, and such applications shall also include at least the following information and materials:

         a.   Existing and proposed site plan of the subject property;

         b.   Elevations of the proposed development on the subject property;

         c.   Photographic composite of existing structures in its environs (as determined in the pre-application meeting);

         d.   Photographic composite of the proposed development in its environs (as determined in the pre-application meeting);

         e.   Landscaping plans, showing existing and proposed landscaping on the subject property;

         f.   Photographs of the subject property;

         g.   Architectural plans for the proposed development; and

         h.   Samples of materials for the proposed development on the subject property.

   Notwithstanding anything in Section 7-201 to the contrary, no fee shall be required in connection with an application for contextual design review, nor shall there be any limitation on successive applications for contextual design review. Any person who files an application for contextual design review shall be deemed to acknowledge and agree that: (i) the contextual design review process is entirely voluntary; (ii) the determination of the Commission to decline the granting of adjustments pursuant to contextual design review approval does not constitute any deprivation of rights; and (iii) the applicant shall have no right to appeal or otherwise challenge a determination of the Commission with respect to an application other than to withdraw from the contextual design review process.

      3.   Public Meeting; Notices. A public meeting shall be set, noticed, and conducted by the Commission in accordance with Section 7-203 of this Code. In addition, notice shall be provided by regular or certified mail to each dwelling unit located within 250 feet of the subject property. Prior to any meeting relating to an application for contextual design review, the Village Manager shall cause a staff report to be prepared and delivered to the members of the Commission relating to such application. Such public meeting may be continued from time-to-time, and the Commission may decline to act on any application for which the applicant or the applicant's representative is not present. At public meetings, the Commission shall provide the applicant and any other person the opportunity to comment on the application.

      4.   Action by the Commission. Within 35 days following the conclusion of the public meeting, the Commission shall either approve an application for adjustments pursuant to this Section, approve such application with conditions, or decline to grant any adjustments for a proposed single family dwelling development. The Commission may provisionally approve any application for contextual design review and delegate the final terms of approval (including any conditions thereon) to one or more members, the Village staff, or some combination thereof. In addition, an applicant seeking adjustments pursuant to contextual design review may withdraw from the process at any time without limitation or consequence, and upon such withdrawal such applicant shall have the right to develop the subject property in any manner otherwise authorized under the Code exclusive of the provisions of this Section. No approval or conditional approval for contextual design review shall be binding upon an applicant unless and until such applicant seeks, obtains, and begins to prosecute development on the subject property pursuant to a building permit based on plans that incorporate adjustments authorized as part of a contextual design review approval. Upon such approval becoming binding, no person may pursue the development except in strict conformity with the contextual design review approval, including the approved plans and any conditions on such approval, and the Commission may require appropriate documentation to demonstrate the owner's consent to the contextual design review approval and any conditions thereon. Whenever a contextual design review approval is either (a) based upon the maintenance of a particular feature of the single family dwelling or lot receiving such approval, or (b) authorizing an increase in the otherwise allowable maximum gross floor area, the Commission shall require the applicant to execute and record a declaration of covenants against the subject property.

      5.   Honorary Landmarks. For any single family dwelling that has been granted honorary landmark status or is included within a recognized historic area pursuant to chapter 26B of the Village Code, no contextual design review approval may be sought or granted unless the Glencoe Historic Preservation Commission has first granted favorable advisory review of the proposed development pursuant to Section 26B-30 of the Village Code. Upon such favorable advisory review, an application for contextual design review may be considered and adjustments may be approved, provided that the plans approved pursuant to such contextual design review are substantially the same as those for which favorable advisory review was granted by the Historic Preservation Commission.

   F.   Standards for Contextual Design Review Approval. Because the contextual design review process is entirely voluntary, applicants are deemed to acknowledge and agree that: (i) they have no right or expectation that any adjustments will be authorized for their proposed single family dwelling development; and (ii) approval of any adjustments shall be granted only in the sole discretion of the Commission. The Commission shall develop and recommend guidelines for both alterations and new construction of single family dwellings in connection with its contextual design review activities; provided, however, that no guidelines shall be established unless first approved by a resolution of the Board of Trustees; general satisfaction of such approved guidelines shall be necessary, but not sufficient, for an application to receive contextual design review approval.

   G.   Authorized Adjustments. When the Contextual Design Review Commission determines that excellence and innovation will be enhanced in a manner that contributes to and maintains the character of a neighborhood without adversely affecting adjacent properties and otherwise advances the purposes of this Section, the Commission may approve adjustments to the otherwise applicable provisions of this Code in connection with the approval of any application for contextual design review in the following respects and no others:

      1.   Chimney projections into side yard setback up to 6’-0” in width and 2’-0” in depth;

      2.   5% increase in the maximum gross floor area limits, but such increase may only be applied to the principal single family dwelling on the subject property;

      3.   For lots having a lot width of at least 80 feet, reductions in the side yard setback for a detached garage to a minimum of five feet; provided that such approval shall be subject to the terms and conditions set forth in Subparagraph 3-111G20(b) and 3-111G20(c) of this Code;

      4.   In lieu of the exclusions authorized pursuant to Subparagraph 3-111G12(a) or 3-111G12(b), exclusions from the calculation of maximum gross floor area of either: (a) 400 square feet for an attached garage located in the rear half of the lot, but not for any garage along a corner building front; or (b) 600 square feet for a detached garage;

      5.   Bay projection into side yard setback up to 8’-0” in width and 2’-0” in depth;

      6.   An exclusion from the calculation of maximum gross floor area of 400 square feet for attic space in the principal single family dwelling on the subject property;

      7.   In lieu of the exclusions authorized pursuant to Subparagraph 3-111G12(e), exclusions from the calculation of maximum gross floor area of underbay or undereave areas when determined to be a defining element of the architectural style (i.e. Prairie style);

      8.   An exclusion from the calculation of maximum gross floor area of a basement when a raised first floor is determined appropriate for the architectural style of the dwelling;

      9.   For pre-FAR single family dwellings only, reduced interior stair width, reduced stair height clearance, and/or reduced handrail height for porches, notwithstanding any provision to the contrary in this Code or the Village Code.

   To the extent that the owner of a lot elects to accept adjustments approved pursuant to contextual design review relating to the maximum gross floor area under Paragraphs G2, G4, G6, G7, or G8 of this Section 7-505, no variations from the maximum gross floor area may be sought or obtained for such lot pursuant to this Code. In addition, for any single family dwelling utilizing adjustments approved pursuant to contextual design review, the cumulative adjustment to gross floor area allowable pursuant to the provisions of Paragraph 3-111G12 or Subsection 7-505G of this Code shall not exceed twenty percent (20%) of the maximum gross floor area applicable to such lot as calculated pursuant to Subsection 3-111E of this Code.

   H.   Inspections; Plan Modifications; Enforcement and Penalties; Costs.

      1.   Any single family dwelling that incorporates adjustments approved pursuant to this Section shall be subject to periodic inspection by the Village Manager or the Manager's designee to ensure conformity with the terms of the contextual design review approval, including the approved plans and any conditions of such approval. No modifications to the approved plans, and no deviations from the conditions of contextual design review approval, shall be permitted without the approval of the Contextual Design Review Commission; provided, however, that the Commission may approve minor modifications recommended for approval by the Village staff as part of a consent agenda and without a new application.

      2.   No certificate of occupancy shall be issued for any development of a single family dwelling for which a building permit was issued that incorporated any adjustments authorized pursuant to this Section unless such development has been completed in strict compliance with the plans approved as part of the contextual design review, as well as any conditions of such contextual design review approval.

      3.   When adjustments authorized pursuant to this Section are incorporated into a single family dwelling development, any deviation from the plans approved as part of a contextual design review and any failure to comply with the conditions of contextual design review approval shall be deemed a violation of this Code, and shall subject the owner to fines in an amount not to exceed $750 for each day the violation continues. In addition, the Village may also exercise any other remedy available at law, including specific performance and injunctive relief.

      4.   Because of the voluntary nature of the contextual design review process, any applicant who receives contextual design review approval and thereafter incorporates the adjustments authorized pursuant to this Section into a single family dwelling development shall be deemed to agree to reimburse the Village for any costs that the Village might incur (including reasonable attorneys' fees) in connection with any enforcement action wherein a violation is found.

   Upon finding the existence of any violation of this Code, the Village Manager shall have the authority and duty to take or direct all actions necessary or appropriate to abate and redress such violation.

   A.   Stop and Cease-and-Desist Orders. Upon finding the existence of any violation of this Code, the Village Manager shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; specifically, the Manager shall order the discontinuance of any illegal use of land or structures, the removal of illegal structures, additions, or alterations, and the discontinuance of illegal work being done.

   B.   Legal Actions. In the enforcement of this Code, the Village Manager shall exercise all the powers authorized by the statutes of the State of Illinois and Village codes and ordinances to ensure compliance with, or to prevent or abate any violation of, the provisions of this Code, and in particular shall, where necessary or appropriate, institute or cause to be instituted by the Village Attorney in the name of the Village any and all actions, legal or equitable, includ-ing appeals, that may be required for the enforcement of this Code.

   C.   Abatement; Liens. Where authorized by State statute, the Village Manager may order any work necessary to abate any violation of this Code and shall assess the cost of such work, including attorneys fees, to the property owner. Upon the failure of the owner to pay such cost, the Manager shall file a lien for such costs and for all costs of collection against the property in question.

   D.   Revocation of Rezonings, Permits, Variations, or Approvals. The violation of any provision of this Code, or of any permit or approval granted pursuant to this Code, or of any condition imposed pursuant to this Code shall be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this Code and affecting the property involved in the violation. The Village Manager may recommend and the Board of Trustees may order such revocation; provided, however, that where the original rezoning, permit, variation, or approval was granted following a public hearing required pursuant to this Code, the revocation shall be preceded by a similar public hearing.

   E.   Fines. In the enforcement of this Code, the Village Manager shall, where necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this Code as authorized by State law and this Code.

   Any person who shall violate, disobey, omit, neglect, or refuse to comply with, or who shall resist enforcement of, any provision of this Code shall be subject to a fine of not more than $100.00 for each offense. Each day a violation continues to exist shall constitute a separate offense.

   Nothing in this Part VI shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this Code from bringing an appropriate action to secure such relief.