The administration of this comprehensive amendment is hereby vested in:

A

Office of the building inspector.

B

Zoning board of appeals.

C

Board of trustees.

The building inspector shall enforce this comprehensive amendment and in furtherance of his authority shall:

A

Determine conformance of applications for zoning certifications with regulations of this comprehensive amendment, and applicable building codes.

B

Issue all zoning certifications, following approval as required in this comprehensive amendment, and maintain records thereof.

C

Issue all certifications of occupancy, and maintain records thereof.

D

Conduct inspections of structures and uses of land to determine compliance with the terms of this comprehensive amendment - at least once every four years.

E

Receive, file and forward to the zoning board of appeals all applications for variations.

F

Receive, file and forward to the zoning board of appeals all applications for amendments, special uses, or other matters which under this comprehensive amendment require referral to the zoning board of appeals.

G

Maintain permanent and current records of the administration and enforcement of this comprehensive amendment, including, but not limited to, applications, processing and decisions for all amendments, special uses granted by the board of trustees, variations and appeals, and designate on the zoning district map each amendment and special use.

H

Decide or make recommendations on all other matters under this comprehensive amendment upon which the building inspector is required to act.

I

Initiate, direct and review, from time to time, a study of the provisions of this comprehensive amendment, and make reports of his recommendations to the zoning board of appeals not less frequently than once a year.

J

Provide and maintain public information facilities relative to all matters pertaining to this comprehensive amendment.

Cross reference— Buildings and building regulations, ch. 22.

A

No building permit or license pertaining to the use of structures or land shall be issued by any officer or employee of the village, unless the application for such permit has been examined by the building inspector and unless the building inspector has signed and approved the building permit as being in compliance with all of the provisions of this comprehensive amendment.

B

It shall be unlawful to start the construction of a new building, structure, or sign, or the enlargement, or any alteration or removal of a building or structure which involves a change in use without having received a zoning certification. Construction or development authorized by a permit shall be started within a period of six months and shall proceed with reasonable continuity until completion, the permit otherwise becoming invalid.

C

An application for a permit pertaining to the use of land, buildings or structures which requires compliance with performance standards herein set forth in manufacturing district regulations shall have affixed to it a certification of a professional engineer, licensed by the State of Illinois and who is included on a panel of not less than three professional engineers, approved by the board of trustees. The building inspector shall, upon receipt of such application, approve and authorize the issuance of a zoning certification provided all other relevant provisions of this comprehensive amendment are complied with, which certification shall be valid for all purposes.

However, within 15 days after the date of issuance of such zoning certification, the building inspector shall examine said application and if he finds the proposed use of land, building or structure does not comply with such performance standards or other applicable regulations of this ordinance, he shall notify the professional engineer and person filing the application, in writing, of his finding. Failure of the professional engineer to show that such application is in compliance or for the applicant to submit a revised application which shows compliance within 30 days of such notification shall be cause for revocation of the zoning certification.

All applications for zoning certification shall be accompanied by a current registered survey of the lot in triplicate, drawn to scale, showing the shape, area, and dimensions of the lot to be built upon, the exact size and location on the lot of the existing buildings and accessory buildings, and the lines within which the new structures shall be erected, prepared by a registered surveyor; the existing and intended use of each structure, the number of dwelling units or lodging rooms a building is designed to accommodate, location of driveways and location and number of off-street parking and off-street loading berths, and such other information with regard to the lot and neighboring lots and performance standards as may be necessary to determine and provide for the enforcement of this comprehensive amendment. Two copies of such plans shall be returned to the owner when such plans shall have been approved by the building inspector. The lot and location of the building thereon shall be staked out on the ground before construction is started.

A

No land shall be occupied or used in a manner different than that existing on the date of the passage of this comprehensive amendment, and no structure hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building inspector stating that the structure or land improvement complies with all the building and health laws and with the provisions of this comprehensive amendment. No change of use shall be made in any structure or land improvement or part thereof, now or hereafter erected or altered, without an occupancy permit having been issued by the building inspector, and no permit shall be issued to make such change unless it is in conformity with the provisions of the comprehensive amendment and amendments thereto. Nothing in this section shall prevent the continuance of the present occupancy or use of any existing structure or land improvement - except as may be necessary for the safety of life and property.

B

No certificate of occupancy permit for a change of use in an existing structure or land improvement shall be issued until the premises have been inspected and certified by the building inspector to be in compliance with applicable requirements for the zoning district in which it is located.

C

Application for a certificate of occupancy shall be made coincident with the application for a zoning certification and shall be issued within ten days after the erection or alteration of the structure has been completed. A record of all certificates of occupancy shall be kept on file in the office of the building inspector, and copies shall be furnished on request to any person having proprietary or tenancy interest in the land or structure affected.

D

Pending the issuance of a regular certificate of occupancy, a temporary permit may be issued to be valid for a period not to exceed six months from its date, during the completion of any structure or land improvement or during partial occupancy thereof. Application for a temporary permit shall be accompanied with a statement covering the items of work to be completed and the reasons the temporary permit is requested.

A.

Creation. The zoning board of appeals of the village is hereby established.

B.

Membership and term of office.

(1)

Composition; appointments; qualification. The zoning board of appeals shall consist of nine members, all of whom shall be citizens of the village. The members shall be appointed by the village president and subject to the approval and confirmation of the village board of trustees; however, no elected official of the village shall serve as a member of said zoning board of appeals. One of the members so appointed shall be designated by the village president, subject to the approval and confirmation of the village board of trustees, as chairperson of the zoning board of appeals shall hold the office of chairperson during the term of his/her appointment as a member of the said zoning board of appeals.

(2)

Terms of office; compensation. The nine appointed members of the zoning board of appeals shall be appointed for a term of three years, or until their respective successors are duly appointed and qualified. The terms of office of all members of the zoning board of appeals shall expire on May 1 after their appointment for the years in which they have been appointed. The village president and board of trustees shall have the power to remove any member of the zoning board of appeals for cause and after public hearing. Vacancies shall be filled for the unexpired terms of the member whose place has become vacant in a like manner.

All members of the zoning board of appeals shall serve without compensation, except that if the village board of trustees deems it advisable, the secretary of the zoning board of appeals may receive such compensation as may be fixed from time to time by the board of trustees and provided for in the appropriation ordinance.

If the village president attempts to appoint a member to the zoning board of appeals, but does not receive the approval and confirmation of the village board of trustees, the village president may make a temporary appointment of a member to the zoning board of appeals to fill a vacancy until such time that the temporary member can be replaced by a member that receives the approval and confirmation of the village board of trustees after appointment by the village president. If the village president attempts to appoint a chairperson of the zoning board of appeals that does not receive the approval and confirmation of the village board of trustees, the village president may make a temporary appointment of the chairperson until such time that the temporary chairperson can be replaced by a chairperson that has received the approval and confirmation of the village board of trustees after appointment by the village president.

C.

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

1.

To hear and decide an appeal from any order, requirement, decision or determination made by the building inspector or other authorized official of the village having jurisdiction under this comprehensive amendment.

2.

To hear applications for variations from the terms provided in this comprehensive amendment in the manner and subject to standards set forth in this article and to make recommendations to the board of trustees.

3.

To hear and decide upon all matters referred to it or upon which it is required to pass under the zoning code.

D.

Meetings and rules. All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such times and places within the village as the zoning board of appeals may determine. All testimony by witnesses at any hearing provided for in this comprehensive amendment shall be given under oath. The chairperson, or in his/her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the zoning board of appeals shall be open to the public. The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, and every order, requirement, recommendation or determination of the zoning board of appeals shall immediately be filed in the office of the zoning board of appeals and shall be a public record. At all public meetings held before the zoning board of appeals for the consideration of an amendment or a special use or other meetings when required by the zoning board of appeals, the petitioner, at his own expense, shall furnish a complete written transcript of the proceedings. The written transcript shall be made a part of their record. All actions by the zoning board of appeals shall require a concurring vote of not less than four of the members present at the time of the vote. In the performance of its duties, the zoning board of appeals may incur such expenditures as shall be authorized by the board of trustees.

(Ord. No. 1997-22, § 2, 11-4-1997; Ord. No. 2007-24, § 1, 8-21-2007; Ord. No. 2018-07, § 2, 7-17-2018)

A

Authority. The zoning board of appeals shall decide all applications for variations of the provisions of this comprehensive amendment after a public hearing conducted by the zoning board of appeals. The zoning board of appeals shall grant a variation only after they have made a finding of fact specifying the reason or reasons which justify the variation. Such findings shall be based upon the standards prescribed in subsection 13.07 D of this article.

B

Initiation. An application for a variation may be made by any governmental office, department, board, bureau or commission or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation.

C

Application for variation and notice of hearing. An application for a variation shall be filed with the village clerk who shall forward a copy of same [such application] to the zoning board of appeals without delay. The application shall contain such information as the zoning board of appeals may from time to time by rule provide. No more than 90 days after the filing of such application, a hearing shall be held on the application. Notice of such hearing shall be published at least once, not more than 30 days nor less than 15 days before the hearing, in a newspaper of general circulation within the village. The applicant shall mail a copy of the published notice by certified mail to each owner of record of property located within 100 feet of the applicant's property. Such notices shall be mailed no less than ten days prior to the hearing. Receipts of the mailings shall be provided to the zoning board of appeals prior to the public hearing. Variations granted by the zoning board of appeals shall be exercised within a period of 12 months after the date of the variation ordinance or shall otherwise become invalid.

D

Standards for variations. The zoning board of appeals shall not grant a variation to the regulations of this comprehensive amendment as authorized herein unless it shall have made findings of fact based upon the evidence presented to it in each specific case that:

1

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located;

2

The plight of the owner is due to unique circumstances; and

3

The variation, if granted, will not alter the essential character of the locality.

For the purpose of implementing the above rules, the zoning board of appeals shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

1

The particular physical surroundings, shape or topographical features of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

2

The conditions upon which the petition for variation is based would not be applicable, generally, to other property within the same zoning classification.

3

The purpose of the variation is not based exclusively upon a desire to make more money out of the property.

4

The alleged difficulty or hardship has not been created by the owner of the property.

5

The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

6

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

The zoning board of appeals may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this subsection to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this comprehensive amendment.

Variations from the regulations of this comprehensive amendment shall be granted by the zoning board of appeals only in accordance with the standards set out in this subsection and may be granted only in the following instances and in no others:

1

To permit any lot width, lot area, yard or setback up to 25 percent less than a lot width, lot area, yard or setback required by the applicable regulations. Provided, however, a variance may be granted in excess of the 25 percent limitation, provided herein, upon approval by the village board of trustees after recommendation by the zoning board of appeals.

2

To permit an increase of not more than 20 percent in building height; provided, however, a variance may be granted in excess of the 20 percent limitation, upon approval by the village board of trustees, after recommendation by the zoning board of appeals.

3

To permit an increase of not more than 25 percent in the gross surface area of signs. Provided, however, a variance may be granted in excess of the 25 percent limitation, upon approval by the board of trustees, after recommendation by the village zoning board of appeals.

4

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

5

To reduce the applicable off-street parking or loading facilities required by ten percent of the application regulations. Provided, however, a variance may be granted in excess of the ten percent limitation provided herein, upon approval by the village board of trustees, after recommendation by the zoning board of appeals.

6

To permit a change of a nonconforming use to a more compatible nonconforming use.

7

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

Provided, however, a variance may be granted in excess of the 25 percent limitation provided herein, upon approval by the village board of trustees, after recommendation by the zoning board of appeals.

8

Variations other than those types specified in the preceding seven paragraphs may be permitted by the zoning board of appeals except that no variations shall be granted with respect to the uses which are specified as permitted and special uses in this ordinance, the permitted density or development for multiple-family dwellings in the R4 district, the permitted density in the PD planned development district, and the usable open space requirements specified in article 6.01 C. Provided, however, any of the said variances may be granted upon approval by the board of trustees, after recommendation of the zoning board of appeals.

(Ord. No. 1991-5, § 1, 3-19-1991; Ord. No. 1997-21, § 1, 10-21-1997; Ord. No. 2000-01, § 1, 1-4-2000)

An appeal to the zoning board of appeals may be made by any person, firm or corporation, or by any office, department, board, or bureau aggrieved by a decision of the building inspector under this comprehensive amendment in accordance with Illinois Statutes, and the following:

A

An application for an appeal shall be filed with the village clerk within 20 days of the date of the action from which the appeal is being filed, and thereafter the village clerk shall forward such application to the zoning board of appeals for processing.

B

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

C

The zoning board of appeals shall fix a reasonable time, not to exceed 90 days, for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. The zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as, in its opinion, ought to be made on the premises and to that end shall have all the powers of the officer from whom the appeal was taken.

A

Authority. The regulations imposed and the districts created under the authority of this comprehensive amendment may be amended, from time to time, by ordinance in accordance with applicable Illinois Revised Statutes. An amendment shall be granted or denied by the board of trustees only after a public hearing before the zoning board of appeals and a report of its findings and recommendations has thereafter been submitted to the board of trustees.

B

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

C

Processing.

1

An application for an amendment shall be filed with the village clerk, and thereafter entered into the records of the first meeting thereafter of the board of trustees.

2

A copy of such application shall thereafter be forwarded by the village clerk to the zoning board of appeals with a request to hold a public hearing and submit to the board of trustees a report of its findings and recommendations. Such public hearing shall be held upon public notice as required by the Illinois Revised Statutes. When the application involves a zoning district map amendment, the applicant shall mail a copy of the published notice by certified mail to each owner of record of property located within 100 feet of the applicant's property. Such notices shall be mailed no less than ten days prior to the hearing. Receipts of the mailings shall be provided to the zoning board of appeals prior to the public hearing.

D

Decisions.

1

The board of trustees, upon report of the zoning board of appeals and without further public hearing, may grant or deny any proposed amendment in accordance with applicable Illinois Revised Statutes, or may refer it back to the zoning board of appeals for further consideration.

2

In case a written protest against any proposed amendment signed and acknowledged by owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining, or by owners of 20 percent of the frontage directly opposite the frontage to be altered, is filed with the village clerk, the amendment cannot be passed except on the favorable vote of two-thirds of all members of the board of trustees.

E

Limitation on map amendments. No amendments to the zoning map shall be adopted for any area of 10,000 square feet or less unless said property is reclassified to a zoning district which is already contiguous to the property.

A

Purpose. The formulation and enactment of a comprehensive zoning ordinance is based on the division of the entire village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which may have a unique, special or unusual impact on the use and enjoyment of neighboring property and upon public facilities and therefore need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this comprehensive amendment as special uses and fall into two categories:

1

Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by public interest.

2

Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public, and their possible damaging influence on the neighborhood, may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the regulations of this comprehensive amendment.

B

Initiation. Special uses may be proposed by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest which is specifically enforceable of the land which is described in the application for a special use.

C

Procedures. The procedure and rules of order for the allowance of a special use and the issuance of a special use permit shall be the same as the procedure and rules of order prescribed for amendments.

D

Decisions.

1

The board of trustees, upon report of the zoning board of appeals and without further public hearing, may grant or deny any proposed special use in accordance with applicable Illinois Statutes or may refer it back to the zoning board of appeals for further consideration.

2

In case a written protest against any proposed special use signed and acknowledged by owners of at least 20 percent of the frontage proposed to be altered, or by the owners of at least 20 percent of the frontage immediately adjoining or across the alley therefrom, or by owners of at least 20 percent of the frontage directly opposite the frontage to be altered, is filed with the village clerk, the special use cannot be passed except on the favorable vote of two-thirds of all members of the board of trustees.

E

Special use criteria. In addition to any other special conditions and/or criteria for the granting of a special use that are contained elsewhere in the zoning code, all special uses must satisfy each of the following criteria:

a.

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

b.

The special use will not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood.

c.

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

d.

Adequate utilities, access road and drainage for the necessary facilities have been or will be provided.

e.

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

f.

This special use shall, in all due respects, conform to the applicable regulations of the district in which it is located, except for such regulations as may be modified by the village's board of trustees pursuant to the recommendations of the zoning board of appeals.

(Ord. No. 2004-16, § 2, 5-4-2004)

A fee of $200.00 accompanying an application for an amendment, a fee of $ 150.00 accompanying an application for a special use, and a fee of $50.00 accompanying an application for an appeal or a variation shall be filed with the village clerk by or on behalf of the owner or owners of the property affected. There shall be no fee, however, in the case of applications filed in the public interest by officials of the village.

A

Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this ordinance shall, upon conviction, be fined not less than $25.00 nor more than $500.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

B

The building inspector is hereby designated and authorized to enforce this ordinance. However, it shall also be the duty of all officers, citizens, and employees of the village, particularly of all members of the police and fire departments, to assist the building inspector by reporting to him any new construction, reconstruction, improved land uses, or upon any seeming violation.