The administration of this Title is hereby vested in the following:

   A.   The Zoning Administrator (Section 9-16-2 of this Chapter).

   B.   The Zoning Board of Appeals (Title 2, Chapter 3 of this Code).

   C.   The Plan Commission (Title 2, Chapter 2 of this Code).

   D.   The Architectural Review Commission (Title 2, Chapter 6 of this Code). (Ord. 381-87, 6-9-87)

The Building Inspector, as Zoning Administrator, shall be in charge of the administration and enforcement of this Title. The Building Inspector shall:

   A.   Receive applications required, issue permits and furnish certificates, all in his judgment and discretion.

   B.   Examine premises for which permits have been issued, and make necessary inspections to determine compliance.

   C.   When requested by the President of the Board of Trustees, or when the interest of the Village so requires, make investigations and render written reports.

   D.   Issue such notices or orders as may be necessary.

   E.   Adopt rules and procedures consistent with this Title.

   F.   Keep careful and comprehensive records of applicants, permits, certificates, inspections, reports, notices, orders and all localized actions of the Board of Trustees and shall file the same permanently by street address.

   G.   Keep all such records open to public inspection, at reasonable hours, but not for removal from his office.

   H.   Report to the President of the Board of Trustees, at least once each month, as to permits and certificates issued and orders promulgated.

   I.   Request and receive the assistance and cooperation of the Police Department, the Village Attorney, and of Village officials.

   J.   Inform the legal department of all violations and all other matters requiring prosecution of legal action.

   K.   Be entitled to rely upon any opinion of the legal department as to the interpretation of this Title, or the legal application of this Title to any factual situation.

   L.   Discharge such other duties as may be placed upon him by this Title. (Ord. 381-87, 6-9-87)

   A.   No permit, as required by the building regulations of the Village 1 , shall be issued by the Village Clerk for the construction of a building, structure or land improvement or an alteration or enlargement of an existing building, structure or land improvement and the uses thereof, until the building inspector certifies in such permit that the application for a permit with accompanying plans and specifications conforms with the regulations of this title.

   B.   When a permit is not required by the building regulations of the village for an improvement and the use thereof requiring conformance with the regulations of this title, an application for a zoning certificate shall be filed with the building inspector. A zoning certificate shall be issued only when the application shows conformance with the regulations of this title.

   C.   All applications for building permits or zoning certificates shall be accompanied by a plat in duplicate drawn to scale showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the building inspector. The building inspector shall, in writing, approve or disapprove all building permits or zoning certificates within thirty (30) days after submission thereof; failure to act shall be deemed approval thereof. (Ord. 381-87, 6-9-1987)

   A.   No building or addition thereto, constructed after the effective date hereof, and no addition to a previous existing building shall be occupied, and no land vacant on the effective date hereof shall be used for any purpose, until an occupancy certificate has been issued by the building inspector. No change in a use in any district shall be made until an occupancy certificate has been issued by the building inspector. Every occupancy certificate shall state that the use or occupancy complies with all the provisions of this title. (Ord. 381-87, 6-9-1987)

   B.   Applications for occupancy certificates shall be made in accordance with subsection 8-2-7B of this code. (Ord. 1190-06, 11-20-2006)

   C.   No occupancy certificate for a building or addition thereto, constructed after the effective date of this title, shall be issued until construction has been completed and the premises have been inspected and certified by the building inspector to be in full and complete compliance with the plans and specifications upon which the zoning certificate was based. No addition to a previously existing building shall be occupied, and no new use of a building in any district shall be established until the premises have been inspected and certified by the building inspector to be in full compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six (6) months from its date during the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than fourteen (14) days after the building inspector is notified in writing that the building or premises is ready for occupancy. (Ord. 381-87, 6-9-1987)

Certificates for the continued occupancy of nonconforming uses existing on the effective date hereof, or made nonconforming by this title, shall state that the use is a nonconforming one and does not conform with the provisions of this title. The building inspector shall notify the owners of the property being used as a nonconforming use and shall furnish said owner with a certificate of occupancy for such nonconforming use. (Ord. 381-87, 6-9-1987)

   A.   Authority: The zoning board of appeals 1 shall hear appeals from an administrative order, requirement or determination under this title, made by the zoning administrator, and make its recommendation to the village board.

   B.   Initiation And Processing:

      1.   An appeal may be taken to the zoning board of appeals by any person, or by an office, department, board, bureau or commission, aggrieved by an administrative order, requirement, decision or determination under this Title.

      2.   The appeal shall be taken within such time as shall be prescribed by the Board of Appeals by a general rule by filing with the Village Clerk and with the Board of Appeals a notice of appeal, specifying the grounds thereof. Such appeal shall be taken on forms provided by the Zoning Board of Appeals. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.

      3.   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the 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 this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application and on notice to the officer from whom the appeal is taken, and on due causes shown.

      4.   The Board of Appeals shall fix a reasonable time for the hearing of appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Any party may appear in person or by agent or attorney. The Board of Appeals may recommend the reversal or affirmation, wholly or partly, or may recommend the modification of the order, requirement, decision or determination as in its opinion ought to be made in the situation and to that end all the powers of the officer from whom the appeal is taken.

   C.   Decisions: All decisions of the Village Board, after hearing by and recommendation of the Zoning Board of Appeals from an administrative order, requirement, decision or determination of the Building Inspector, shall in all instances be final administrative determinations and shall be subject to judicial review only in accordance with applicable Illinois statutes. (Ord. 381-87, 6-9-87)

   A.   Authority: The Village Board of Trustees shall decide the provisions of this Title in harmony with its general purpose and intent, and shall vary them only in the specific instances hereinafter set forth where the Zoning Board of Appeals shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this Title.

   B.   Initiation: An application for a variation may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request application for a building permit, zoning certificate or occupancy certificate.

   C.   Processing:

      1.   An application for a variation shall be filed with the Village Clerk. The Village Clerk shall forward such application to the Zoning Board of Appeals for processing in accordance with applicable statutes of the State of Illinois and the provisions of this Title.

      2.   No variation shall be recommended by the Zoning Board of Appeals except after a public hearing before the Zoning Board of Appeals, of which there shall be a notice of time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within Hawthorn Woods. At the time of the filing of an application for any variation, the applicant shall furnish to the Village Clerk a complete list containing the names and addresses of those persons to whom were sent the tax bills for the general taxes for the last preceding year on all property located within two hundred fifty feet (250') in each direction of the location for which the variation is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. The Zoning Board of Appeals shall hear no variation application unless the applicant furnishes such information. The Village Clerk shall, not more than thirty (30) days nor less than fifteen (15) days before the hearing at which the variation is to be considered, send written notice to the persons whose names appear on the list furnished by the applicant.

   D.   Decisions: All recommendations and findings of the Zoning Board of Appeals on variations arrived at after the hearing shall be accompanied by findings of facts specifying the reason or reasons for recommending the approval or disapproval of the variation, and the decision of the Village Board shall be final and subject to judicial review only in accordance with applicable statutes of the State.

   E.   Standards:

      1.   The Board of Trustees of the Village shall not vary the provisions of this Title as authorized in this Section, unless it shall have made findings based on the evidence presented to it and the Zoning Board of Appeals in the following cases:

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

         b.   That the plight of the owner is due to unique circumstances; and

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

      2.   A variation shall be permitted only if the evidence, in the judgment of the Village Board, sustains each of the three (3) conditions enumerated above.

      3.   For the purpose of supplementing the above standards, the Zoning Board of Appeals and the Board of Trustees, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

         a.   That the particular physical surroundings, shape or topographical conditions of the specific property involved will bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

         b.   That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoned classification;

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

         d.   That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

         e.   That the granting of the variation will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; or,

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

      4.   The Zoning Board of Appeals and Village Board 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 Section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this Title.

   F.   Authorized Variation: Variations from the regulations of this Title shall be granted by the Village Board in accordance with the standards set out in this Section, and may be granted in the following instances:

      1.   To permit up to a twenty percent (20%) reduction in the front, side or rear yard required by this Title;

      2.   To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot be less than ninety percent (90%) of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this Title;

      3.   To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided the substantial uses of such facility by each does not take place at approximately the same hours of the same days of the week;

      4.   To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations, whichever number is greater;

      5.   To increase by not more than twenty percent (20%) the gross area of any sign;

      6.   To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations;

      7.   To extend the period of time a nonconforming use may continue or remain;

      8.   To exceed any of the authorized variations allowed under this section, when a lot of record or a zoning lot, vacant or legally used on the effective date of this title, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding reduced in size so that the remainder of said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

   G.   Other Variations: Variations in excess of those listed above may be granted by the village board, but only after a public hearing as set forth herein for an authorized variation, and a report from the zoning board of appeals recommending the variation. The concurring vote of four (4) members of the village board shall be necessary to grant a variation. (Ord. 620-94, 12-12-1994; amd. Ord. 2093-21, 4-26-2021)

The plan commission of the village 1 , which has been duly established, is the plan commission referred to in this title, and shall have the following duties under this title:

   A.   To hear all applications for amendments and special uses and thereafter submit reports of findings and recommendations thereon to the village board in the manner prescribed in this section for amendments and special uses;

   B.   To initiate, direct and review, from time to time, studies of the provisions of this title, and to make reports of its recommendations to the village board not less frequently than once each year; and

   C.   To hear and decide all matters upon which it is required to pass under this title. (Ord. 381-87, 6-9-1987)

   A.   Authority: The regulations imposed and the districts created under the authority of this title may be amended from time to time by ordinance in accordance with applicable statutes of this state. An amendment shall be granted or denied by the village board of trustees only after public hearing before the plan commission and a report of its findings and recommendations has been submitted to the village board of trustees.

   B.   Initiation Of Amendment: Amendments may be proposed by the village board, by the plan commission, the zoning board of appeals, other governmental bodies, or by any resident of or owner of property within the jurisdictional limits of this title.

   C.   Processing: An application for an amendment shall be filed with the village clerk and thereafter introduced to the village board of trustees. Such application shall be forwarded from the village board to the plan commission, with a request to hold a public hearing. Notice shall be given of the time and place of the hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within the village. (Ord. 381-87, 6-9-1987)

   D.   Posting Of Notice: Any applicant requesting a change in zoning classification shall have prepared and affixed to the subject property one or more signs on the property to which the zoning matter relates announcing that a zoning change is proposed, and directions to contact village hall for further information. The number of signs to be posted shall be left to the discretion of the zoning administrator. In the case of a corner lot, the sign shall be posted facing such corner. In the event that the village, or any agency thereof, is the applicant, such sign(s) may be placed in the street right of way adjacent to the subject property. Such sign(s) shall be set in place not more than thirty (30) days nor less than fifteen (15) days before the date of the public hearing. Each sign shall be no less than two feet by three feet (2' x 3') in size, or larger if determined by the zoning administrator, shall be set back no farther than five feet (5') from the right of way line and shall feature lettering which is reasonably legible from the center of the street. The zoning administrator shall determine the legibility of such lettering, and such determination shall be final and conclusive. (Ord. 1363-11, 4-18-2011)

   A.   The village board shall establish a schedule of fees, charges and expenses for zoning certificates, occupancy certificates, appeals, application for amendments or special uses, and other matters pertaining to this title. The schedule of fees shall be posted in the office of the village clerk and may be altered or amended by the village board.

   B.   Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 381-87, 6-9-1987)

   C.   In addition to the fees, charges and expenses referenced above, prior to the review of any application for zoning variation, zoning amendment, certificate of approval or special use permit, the applicant shall be obliged to and shall submit a draw down deposit agreement in the form approved by the village to cover fees and costs attributable to the applicant. A sample of said agreement is set forth in section 11-1-2 of this code. (Ord. 1167-06, 5-15-2006; amd. Ord. 1352-10, 11-15-2010)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this title shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this code for each offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. 381-87, 6-9-1987; amd. 1995 Code)