(a)

Zoning certificates. No permit pertaining to the use of land or buildings shall be issued unless the building inspector has certified, after examination, that it complies with all provisions of this article.

(b)

Occupancy permits. No land shall be occupied or used and no building 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 building complies with all the building and health laws and ordinances and with the provisions of this article.

(c)

Permit for change of use. No change of use shall be made in any building or part thereof now or hereafter erected or altered without a 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 this article and amendments thereto.

(d)

Continuance of present occupancy. Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary for the safety of life and property. Certificate for occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within 30 days after the erection or alteration of such building has been satisfactorily completed. A record of all certificates 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 building affected.

(Code 1998, § 17.24.010; Ord. No. 2015-3, § 13, 3-12-2015)

The building inspector of the village, or other officials that have been or shall be duly appointed by the board, shall enforce this article, and, in addition thereto, and in furtherance of said authority, shall:

(1)

Issue all certificates of occupancy and make and maintain records thereof;

(2)

Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this article;

(3)

Maintain permanent and current records to the ordinance from which this chapter is derived, including, but not limited to, all maps, amendments, special uses, variations, appeals and applications therefor;

(4)

Provide such clerical and technical assistance as may be required by the commission in the exercise of its duties.

(Code 1998, § 17.24.020; Ord. No. 2015-3, § 14, 3-12-2015)

The commission shall have the following jurisdiction and authority under this article:

(1)

To receive from the village clerk copies of all application for amendments or special uses which have been introduced into the board, and submit reports to the board setting forth its findings and recommendations in the manner prescribed in this section for amendments and special uses;

(2)

To initiate, direct and review from time to time studies of the provisions of this article, and to make reports of its recommendations to the board;

(3)

To hear and recommend to the board appeals from any order, requirements, decision or determination made by the building inspector under this article;

(4)

To hear and recommend to the board variations from the terms provided in this article in the manner and subject to the standards set forth in this section;

(5)

To hold public hearings in matters pertaining to applications for special uses, variations and amendments, and submit reports to the board setting forth its findings and recommendations in the manner prescribed in this section for special uses and amendments;

(6)

To hear and recommend to the board all matters referred to it or upon which it is required to pass under this article.

(Code 1998, § 17.24.030; Ord. No. 2015-3, § 15, 3-12-2015)

(a)

All meetings of the commission shall be held at the call of the chairperson, and at such other times as the commission may determine. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The chairperson, or, in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the commission shall be open to the public. The commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, indicating the fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, amendment or repeal thereof, and every order, requirement, decision or determination of the commission shall immediately be filed in the office of the village clerk, and shall be of public record. Unless otherwise posted in accordance with the State of Illinois Open Meetings Act, Commission meetings shall generally be on the first Tuesday of every month starting at 7:00 p.m.

(b)

The commission shall post or publish notices as required by statute and this chapter pertaining to special uses and proposed amendments to the regulations imposed and the districts created by this chapter, and to make a written report and recommendation to the board on any such proposed amendments or special uses.

(Code 1998, § 17.24.040; Ord. No. 2015-3, § 16, 3-12-2015; Ord. No. 2019-02, § 1 2-14-2019)

(a)

Authority. The commission shall hear and decide appeals from an administrative order, requirement, decision or determination made by the building inspector or other authorized officials of the village relating to regulations of this article.

(b)

Initiation. An appeal may be taken to the commission by any person, firm or corporation, or by any office, department, board, bureau or commission aggrieved by an administrative order, requirement, decision or determination under this article by the building inspector or other authorized official of the village.

(c)

Processing. An appeal in triplicate with the required fee shall be filed with the village clerk. The village clerk shall forward such appeal to the commission for processing in accordance with applicable statutes of the state, forward one copy to the building inspector and retain one copy for the village clerk's files.

(d)

Decisions. All decisions, after hearing of the commission on appeals from an administrative order, requirement, decision or determination of the building inspector or other authorized official of the village, shall, in all instances, be recommendations to the board. All decisions of the board on appeals from an administrative order, requirement, decision or determination of the building inspector or other authorized official of the village, shall, in all instances, be final administrative determinations, and shall be subject to judicial review only in accordance with applicable statutes of the state.

(Code 1998, § 17.24.050; Ord. No. 2015-3, § 17, 3-12-2015)

(a)

Authority. The commission shall make recommendations to the board for variations of the provisions of this chapter in harmony with its general purpose and intent, and shall vary them only in the specific instances hereinafter set forth where the commission 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 chapter.

(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 zoning certificate.

(c)

Processing.

(1)

An application for a variation in triplicate with the required fee shall be filed with the village clerk. The village clerk shall forward such application to the commission for processing in accordance with applicable statutes of the state, forward one copy to the building inspector and retain one copy for the village clerk's file;

(2)

No variation shall be recommended by the commission unless there shall be a notice of time and place of the hearing published at least once, not more than 30 nor less than 15 days before the hearing. in one or more newspapers with a general circulation within village.

(d)

Decisions. All final administrative decisions and findings of the commission on variations arrived at after the hearing shall be recommendations to the board. All decisions of the board on variations shall be final, subject only to judicial review in accordance with applicable statutes of the state.

(e)

Standards.

(1)

The commission shall not recommend a variance from the provisions of this chapter as authorized in this section unless it shall have made findings based upon the evidence presented to it in the following specific cases:

a.

As to commercial properties, 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.

The plight of the owner is due to unique circumstances;

c.

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

(2)

For the purpose of supplementing the above standards, the commission, in making this determination whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

a.

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

b.

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

c.

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

d.

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

e.

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;

f.

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.

(3)

The commission 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 injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this article.

(f)

Authorized variations. The variations from the regulations of this article may be recommended by the commission only in accordance with the standards set forth in this section, and only in the following instances and no others:

(1)

To permit a yard less than the yard required by the applicable regulations.

(2)

To permit the use of a lot not of record on the effective date of the ordinance from which this article is derived for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than 90 percent of the required lot area.

(3)

To permit parking lots to be illuminated between the hours of 9:30 p.m. and 7:00 a.m.

(4)

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

(5)

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

(6)

To allow any permitted nonresidential use in a residence district to exceed the floor area ratio imposed by the applicable regulations.

(7)

To allow for a reasonable accommodation for an individual with a disability in accordance with division 2 of article IV of this chapter.

(Code 1998, § 17.24.060; Ord. No. 08-17, § 4, 11-13-2008; Ord. No. 2015-3, § 18, 3-12-2015)

(a)

Authority. The regulations imposed and the districts created under the authority of this chapter may be amended from time to time by ordinance in accordance with applicable statutes of the state. An amendment shall be granted or denied by the village board only after a public hearing before the commission, and a report of its findings and recommendations has been submitted to the village board. Notice of the time and place of such public hearing shall be given, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within village.

(b)

Initiation of amendment. Amendments may be proposed by the village board, by the commission or by any resident of or owner of property in the village.

(c)

Processing. An application for an amendment in quadruplicate with the required fee shall be filed with the village clerk and thereafter forwarded to the board by the village clerk. A copy of the application shall also be forwarded to the commission with a request to hold a public hearing and to prepare a report of its findings and recommendations relative thereto after the commission has received and studied the report and recommendations of the village staff. The commission shall thereafter submit a report of its findings and recommendations to the board. A copy of the application shall be forwarded to the building inspector and one copy retained for the village clerk's files.

(d)

Decisions. The board, upon report of commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable statutes of the state, or may refer it back to the commission for further consideration.

(e)

Reasonable accommodations. If an amendment to this chapter is proposed by an individual with a disability in order to request a reasonable accommodation in accordance with the American with Disabilities Act (42 USC § 12101, et seq.) and the Fair Housing Amendments Act (42 USC § 3601, et seq.), the procedure outlined in division 2 of article IV of this chapter shall apply.

(Code 1998, § 17.24.070; Ord. No. 08-17, § 5, 11-13-2008; Ord. No. 2015-3, § 19, 3-12-2015)

(a)

Purpose. The development and execution of the zoning ordinance from which this chapter is derived is based upon the division of the village into districts, within anyone of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which because of their unique character cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use or the particular location. Such special uses fall into two categories:

(1)

Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest;

(2)

Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(b)

Authority. Special uses shall be authorized or denied by the board in accordance with statutes of the state applicable to amendments of this chapter, and the regulations and conditions set forth in this chapter for special uses. No application for a special use shall be acted upon by the board until after:

(1)

A written report is prepared by the commission in a manner prescribed herein for amendments to this article; and

(2)

A public hearing has been held by the commission, after due notice by publication, as provided by the statutes of the state for amendments, and its findings and recommendations have been reported to the board.

(c)

Initiation. An application for a special use may be made by any person, firm or corporation or by any office, department, board, bureau or commission, requesting or intending to request a zoning certificate.

(1)

Petition to construct new unattached structures.

a.

Filing of an application for permit, submission of construction planes) for the unattached structure, a plan of the property showing the location and orientation of the principal building as well as the unattached structure, and a list of owner names and addresses of each contiguous property;

b.

Fees and costs shall be as specified in section 42-110 plus any applicable building fees if project proceeds to the construction phase;

c.

Review of request and all required documents by the commission;

d.

Recommendation by the commission to the board;

e.

Referral by the board to the commission to hold a public hearing;

f.

Recommendation by the commission to the board;

g.

The board shall review all documents and render a final decision;

h.

The board shall notify the building department of its decision and instruct the building department on the implementation of its decision.

(2)

Unattached structures in existence before May 15, 1984 on real estate parcels within the original boundaries of the village on the date of incorporation and unattached structures in existence on real estate parcels annexed into the village after April 1, 1964 shall be subject to provisions of section 42-37(8) and any requests for variances shall follow the procedures as specified below.

a.

Filing of an application for a variance for permission to retain said unattached structure in its location, submission of a sketch showing present location with dimensions relative to rear and side lot lines, and other documentation as requested on the application;

b.

The village shall waive the payment of all review and permit fees in this instance;

c.

Submission of a list of owner names and addresses of each adjacent property;

d.

Review of all documents by the zoning and building code enforcement officers shall assist the board in requesting the commission to hold a public hearing on the matter;

e.

Recommendation by the commission to the boar;

f.

The board shall review all documents and render a final decision specifying the course of action the owner must take;

g.

The board shall notify the building department of its decision and instruct the building department on the implementation of its decision.

(d)

Processing. An application for a special use, in such form and accompanied by such information as shall be established from time to time by the commission, shall be filed in triplicate with the required fee, with the village clerk and thereafter processed in the manner prescribed heretofore for applications and amendments.

(e)

Decisions. The board, upon report of the commission and without further hearing, may authorize or deny an application for a special use in accordance with the statutes of the state applicable to amendments, or may refer it back to the commission for further consideration. a special use shall not be authorized by the board unless the special use:

(1)

Is deemed necessary for the public convenience at that location;

(2)

Is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; and

(3)

Would not cause substantial injury to the value of other property in the neighborhood in which it is located.

(f)

Conditions. The commission may recommend, and the board may provide, such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, provisions for off-street parking and loading as may be deemed necessary to promote the general objectives of this ordinance and to minimize the injury to the value of the property in the neighborhood.

(1)

Planned developments. Planned developments are of such substantially different character from other special uses that specific and additional standards and exceptions are set out to govern the recommendations of the commission and the action of the board in all cases except in the R-6, general residence district.

a.

Use exceptions. In the case of residential planned developments, the commission may recommend, and the board may authorize, that there be in part of the area of such development and for the duration of such development, specified uses not determined or permitted by the use regulations of the district in which said development is located, provided that the commission shall find: that the uses permitted by such exception are necessary and desirable and are appropriate with respect to the primary purpose of the development;

b.

The uses permitted by such exception are not of such nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and

c.

Not more than 20 percent of the ground area or of the floor area of such development would be devoted to the uses permitted by said exceptions.

(2)

Bulk regulations. In the case of any planned development, the commission may recommend, and the board may authorize exceptions to the applicable bulk regulations of this chapter within the boundaries of such development, provided that the commission shall find:

a.

That such exception would be solely for the purpose of promoting a unified site plan.

b.

The overall floor area ratio of a residential planned development would not exceed by more than 15 percent that prescribed in this chapter for the district in which it is located.

c.

The minimum lot area per dwelling unit requirements of this ordinance would not be decreased by more than 15 percent in any such development containing residential uses, and that there shall be available to each residential building and immediately adjacent thereto, including the land upon which it is erected. the minimum amount of land area required for such building under the lot area per dwelling unit provisions of this article.

d.

Spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this article on separate lots, due consideration being given to the openness normally afforded by intervening streets and alleys, and

e.

Along the periphery of such planned development, yards to be provided not less than those required by the regulations of the district in which said development is located.

(g)

Decisions. The board, upon report of the commission and without further hearing, may authorize or deny an application for a special use in accordance with the statute of the state applicable to amendments, or may refer it back to the commission for further consideration. No special use shall be authorized by the board, unless the special use:

(1)

Is deemed necessary for the public convenience at that location;

(2)

Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

(3)

Would not cause substantial injury to the value of other property in the neighborhood in which it is located.

(Code 1998, § 17.24.080; Ord. No. 2015-3, § 20, 3-12-2015)

Each person submitting an application for amendment, variation or special use shall be responsible for all fees and costs in connection with the proceedings. Every person submitting an appeal under section 42-106 shall be responsible for all fees and costs in connection with the appeal. Every application for amendment, variation or special use shall be accompanied at the time of filing by payment of the appropriate fee and a deposit for estimated costs. Every appeal under section 42-106 shall be accompanied by a deposit for estimated costs.

(1)

Fees. The fees to be paid for processing application are as provided in the fee schedule in appendix A.

(2)

Costs. The costs incurred by the village for which a person submitting an application is responsible are as follows:

a.

Actual costs of publication;

b.

Posting of sign giving public notice, as set by resolution;

c.

Actual postage incurred for mailing notices;

d.

Expenses of furnishing secretary to attend hearing and prepare transcript as set by resolution;

e.

Fees charged by building inspector, as set by resolution;

f.

Fees charged by village's engineer or review of reports and related services;

g.

Reproduction costs for copies of materials for hearing as set by resolution;

h.

Legal fees charged by village attorney in preparing documents, reports and related services;

i.

Any other charges or fees incurred by the village in connection with the proceedings.

(3)

Deposit for estimated costs. The board from time to time may establish estimates of costs for various proceedings. If the board has not established an estimate of costs for the requested proceedings, the village administrator or his designee shall prepare an estimate of costs reasonably anticipated in connection with the particular proceedings requested by the application. The person submitting the application shall deposit, at the time of submitting the application, an amount equal to the estimate of costs. All costs to the village shall be applied against the deposit. at the time proceedings are completed, any portion of the deposit in excess of costs shall be refunded to the person making the application and any costs in excess of the deposit shall be immediately due and payable from said person. No amendment, variation or special use shall be effective until all such costs have been paid. The person making application shall be responsible for all costs irrespective of whether the relief sought is granted in full or in part or is denied.

(Code 1998, § 17.24.090; Ord. No. 01-14, § 1, 9-13-2001; Ord. No. 2015-3, § 21, 3-12-2015)

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this article, shall, upon conviction, be fined not less than $50.00, nor more than $500.00 for each offense; provided however that any person, firm or corporation who receives a special use permit or variance from the village and subsequently violates, disobeys, omits, neglects or refuses to comply with, or who refuses the enforcement of any conditions placed on the special use permit or variance, shall, upon conviction, be fined not less than $100.00, nor more than $2,000.00 or the maximum allowed by law for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The building inspector, or such other individual as may be designated by the mayor, is designated and authorized to enforce this article.

(Code 1998, § 17.24.100; Ord. No. 00-18, § 1, 8-10-2000; Ord. No. 2015-3, § 22, 3-12-2015)

This article shall be in full force and effect from and after its passage and publication according to law. All ordinances or parts in conflict with the provisions of this article are thereby repealed.

(Code 1998, § 17.24.110)

In addition to any other requirements set forth in this article or in the statutes of the state, in connection with an application seeking any variation, amendment affecting only a particular parcel of real estate or a special use (except for planned developments), the village administrator shall, at least seven days prior to the required public hearing, cause to be posted, notice thereof in the form of a sign on the property which is the subject of the zoning request; in the case of a petition for a special use involving a planned development, the sign shall be posted 15 days prior to the required public hearing. The sign shall:

(1)

Be no less than three feet high and four feet wide, and contain the following text in letters no less than three inches in height: "Zoning petition pending—Village of Indian Head Park—(current village telephone number)"; and

(2)

Face and be visible from any road or street right-of-way adjacent to the subject property. Neither the public hearing, the zoning application nor any action taken therein shall be set aside, invalidated, impaired, limited or otherwise affected by or because of the failure to post said sign or the failure of the sign to remain in place for the entire applicable seven- or 15-day period prior to the public hearing.

(Code 1998, § 17.24.120; Ord. No. 2015-3, § 23, 3-12-2015)

In addition to any other requirement set forth in this chapter or in the statutes of the state, in connection with an application seeking any variation, amendment affecting only a particular parcel of real estate or a special use (including, but not limited to, planned developments and planned. unit developments), the village shall:

(1)

Identify the owners of all parcels of real estate located within 200 feet of the property for which the application is submitted. In identifying said owners, the village may rely upon anyone or a combination of:

a.

The names appearing on county tax records, including, but not limited to, the persons to whom the latest general real estate tax bills were sent;

b.

Listings of owners supplied by a condominium or homeowners association;

c.

Current published telephone directories;

d.

village records reflecting the names of owners; and

e.

Any other reasonably reliable sources;

(2)

Send written notice by regular mail, postage prepaid, of the time and place of the public hearing to each of the owners identified in subsection (1) of this section, not less than 15 days prior to the public hearing;

(3)

Neither the public hearing, the zoning application, nor any action taken thereon shall be set aside, invalidated, impaired, limited or otherwise affected by or because of:

a.

The failure to properly identify an owner of a parcel of real estate, or the parcel itself, lying within 200 feet of the property for which the application is submitted; or

b.

The failure of any owner to receive written notice;

(4)

All costs incurred by the village under this section shall be reimbursed by the person submitting the application, as set forth in section 42-110.

(Code 1998, § 17.24.130; Ord. No. 2015-3, § 24, 3-12-2015)

The terms used in this section shall be interpreted in accordance with the American with Disabilities Act, 42 USC 12101 et seq. In addition, the following words, terms and phrases, when used in this division shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Clinicalpsychologist has the definition provided by the Clinical Psychologist Licensing Act, 225 ILCS 15/1 et seq.

Disabled individual, in accordance with the American with Disabilities Act, 42 USC 12101 et seq., and the Fair Housing Amendments Act, 42 USC 3601 et seq., means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, has a record of such impairment, or is regarded as having such impairment.

Individual regarded as having an impairment means an individual means an individual who has established that he has been subjected to an action prohibited under the American with Disabilities Act, 42 USC 12101 et seq., because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity but not if the impairment is transitory or minor. An individual who meets the definition of disability based solely upon being regarded as having such impairment need not be provided with a reasonable accommodation.

Physician has the definition provided by the Medical Practice Act of 1987, 225 ILCS 60/1 et seq.

Transitory impairment means an impairment with an actual or expected duration of six months or less.

(Code 1998, § 17.25.010; Ord. No. 08-17, § 3, 11-13-2008; Ord. No. 2015-3, § 25, 3-12-2015)

(a)

In order to be afforded an equal opportunity to use and enjoy housing, an individual with a disability may apply for a reasonable accommodation requesting a variation or amendment of any provision of this Code applicable to housing or the use of land. The individual with a disability or the parent, guardian or legal representative of an individual with a disability requesting the accommodation shall file an application with the village clerk. The village clerk shall forward all applications for a reasonable accommodation to the commission for hearing.

(b)

The application shall include:

(1)

The name and address of the applicant;

(2)

The name of the individual with a disability if different from the applicant;

(3)

The common address, legal description and property index number of the real estate or which an accommodation is requested;

(4)

The accommodation requested;

(5)

The impairment for which the accommodation is requested;

(6)

The prognosis of the timeframe for which the accommodation will be required; and

(7)

A report of a physician or a clinical psychologist detailing the impairment for which the accommodation is requested, the necessity of the accommodation, and the prognosis of the timeframe for which the accommodation will be required.

(Code 1998, § 17.25.020; Ord. No. 08-17, § 3, 11-13-2008; Ord. No. 2015-3, § 25, 3-12-2015)

Notice of the hearing shall be published at least once, not more than 30 days or less than 15 days before the hearing in one or more newspapers with a general circulation in the village. If the accommodation requested involves the variation or amendment of village zoning regulations, notice shall be given in the same manner as for other zoning variations or amendments.

(Code 1998, § 17.25.030; Ord. No. 08-17, § 3, 11-13-2008; Ord. No. 2015-3, § 25, 3-12-2015)

(a)

The commission shall conduct a public hearing, receive evidence and testimony regarding the matter, and make findings of fact based upon the evidence and testimony presented. The applicant shall have the burden of establishing the following:

(1)

The individual for whom the reasonable accommodation is requested is an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, has a record of such impairment, or is regarded as having such impairment.

(2)

The accommodation requested is reasonable and necessary and affords the individual with a disability an equal opportunity to use and enjoy housing.

(3)

The prognosis of the timeframe for which the accommodation will be required.

(b)

The commission may request such evidence and testimony as is required to make its findings of fact, including, but not limited to, the testimony of a physician or a clinical psychologist retained by the applicant who provided the report accompanying the application, the report or testimony of an independent physician or clinical psychologist retained by the village regarding the impairment for which the accommodation is requested, the necessity of the accommodation, and the prognosis of the timeframe for which the accommodation will be required.

(c)

After an applicant for a reasonable accommodation has presented its evidence and testimony, the commission may evaluate the applicant's request, considering the applicant's requested accommodation and make a recommendation to the applicant as to the accommodation that is most appropriate based upon the evidence presented. The commission's recommendation may propose a modified or different accommodation than the accommodation proposed by the applicant if the evidence presented indicates that a requested accommodation is unreasonable or poses an undue hardship in the particular circumstances.

(d)

If the commission's recommendation proposes a modified or different accommodation than the accommodation proposed by the applicant, the applicant may accept the commission's recommendation or may elect to provide additional evidence in support of the applicant's original request or an amended request. The commission shall make proposed findings of fact based upon the accommodation that, pursuant to the evidence and testimony presented, it finds it meets the standards set forth herein.

(e)

A request for a reasonable accommodation may only be denied if the evidence and testimony establishes unreasonableness or undue hardship in the particular circumstances. A requested accommodation shall be found unreasonable if it imposes undue financial or administrative burdens on the village, or if the requested accommodation is so at odds with the building, zoning or other applicable code that it would require a fundamental alteration to the code.

(f)

The commission shall not approve a request for a reasonable accommodation unless it shall have made findings, based upon the evidence and testimony presented to it that the individual for whom the reasonable accommodation is requested is an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, has a record of such impairment, or is regarded as having such impairment, and the accommodation requested is reasonable and necessary and affords the individual with a disability an equal opportunity to use and enjoy housing.

(g)

The commission shall forward its findings of fact to the board for consideration.

(Code 1998, § 17.25.040; Ord. No. 08-17, § 3, 11-13-2008; Ord. No. 2015-3, § 25, 3-12-2015)

(a)

The board, upon receipt of the proposed findings of fact of the commission, and without further public hearing, shall grant an application for a reasonable accommodation if upon a review of the record before the commission and the proposed findings of fact, it finds that the standards set forth in this article for granting a reasonable accommodation have been met.

(b)

If the board determines that the standards set forth in this article for granting a reasonable accommodation have not been met, the board may deny the request, refer the request back to the commission for further consideration, or may require a public hearing to request additional information from the applicant regarding the accommodation requested.

(c)

The board may, in evaluating the evidence and testimony presented, approve the accommodation that, pursuant to the evidence and testimony presented, it finds meets the standards set forth in this division.

(d)

Approval of a request for a reasonable accommodation will not be unreasonably withheld.

(e)

Any ordinance approving a reasonable accommodation shall provide that the property owner of the premises for which a reasonable accommodation has been approved shall notify the village in writing within 30 days of the occurrence of any one of the following events:

(1)

The individual for whom the requested accommodation was made no longer resides at the premises for at least 50 percent of the time;

(2)

The individual for whom the requested accommodation was made no longer suffers from the disability for which the accommodation was made;

(3)

The agreement for the transfer of ownership or sale of the premises has been executed; and

(4)

The closing of the transfer of ownership or the sale of the premises.

(Code 1998, § 17.25.050; Ord. No. 08-17, § 3, 11-13-2008; Ord. No. 2015-3, § 25, 3-12-2015)

Any ordinance approving a reasonable accommodation shall be recorded by the applicant with the Cook County Recorder of Deeds.

(Code 1998, § 17.25.060; Ord. No. 08-17, § 3, 11-13-2008; Ord. No. 2015-3, § 25, 3-12-2015)

Unless the impairment for which the accommodation has been approved is permanent in nature, the individual with the disability for which an accommodation has been granted, or their parent or legal guardian, shall provide the village, on the fifth anniversary of the ordinance granting accommodation, and every five years thereafter, with a written summary report from a physician or clinical psychologist indicating the continued need for the accommodation. Failure to submit timely summary reports shall result in the termination of the reasonable accommodation on the date the report was due.

(Code 1998, § 17.25.060; Ord. No. 08-17, § 3, 11-13-2008; Ord. No. 2015-3, § 25, 3-12-2015)

When a reasonable accommodation which has been granted by the board is no longer necessary, the individual who requested the accommodation shall, at his sole cost and expense, remove all structures and restore all premises to their original condition to the satisfaction of the village building inspector.

(Code 1998, § 17.25.070; Ord. No. 08-17, § 3, 11-13-2008; Ord. No. 2015-3, § 25, 3-12-2015)