The following rules and definitions shall apply in this chapter except when the context clearly indicates otherwise:

   Accessory Building Or Use means a subordinate building or portion of the main building, the use of which is incidental to that of the main building.

   Alley means the same as the word "easement" and shall have no other meaning.

   Alteration means any change in size, shape, character, occupancy or use of a building or structure.

   Apartment House means a building used or intended to be used as a home or residence for two (2) or more families living in separate apartments.

   Auto Laundry means any land, building or a portion thereof used to wash, clean or detail motor vehicles by hand and/or through mechanized means, whether or not that use constitutes a principal or accessory use.

   Block means the property abutting on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets or nearest intersecting or intercepting street and a railroad right-of-way or other natural boundary.

   Building means any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.

(Ord. of 9-21-61)

   Condominium means all the land, property and space comprising the parcel, all improvements and structures erected, constructed or contained therein or thereon, including the building and all easements, rights and appurtenances belonging thereto, and all fixtures and equipment intended for the mutual use, benefit or enjoyment of the unit owners.

(Ord. No. 72-32, 11-2-72)

   District means a section or sections of the village for which the regulations governing the use of the land are uniform.

   Drive-In Establishment means an establishment which accommodates the patron's automobiles, from which occupants may be served.

   Dwelling means a building or portion thereof, but not an automobile house trailer designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels or lodging houses.

   Easement means a portion of a lot or tract of land designated for the use and convenience of public utilities, for the installations, maintenance and care of service equipment therein.

   Eleemosynary Institution means a building or group of buildings devoted to and supported by charity.

   Family means one (1) or more persons each related to the other by blood or adoption, together with such blood relatives’ respective spouses, who are living together in a single dwelling and maintaining a common household. A family includes any domestic servants and not more than one (1) gratuitous guest.

   Frontage means all the property of a lot fronting on a street and measured between side lines.

   Grade means the average of the finished surface of the ground adjacent to the exterior walls of the building or structure.

(Ord. of 9-21-61)

   Grade Level (Building). The height of the top of the foundation wall shall be set at a maximum of eighteen (18) inches over the crown of the street at the front of the property. Where there are existing buildings in the block, foundation grades shall be set to equalize the height of all buildings in the block where practicable, unless the existing buildings in the block are set too low in relation to the existing or proposed curb elevations where it then becomes necessary to place a new building foundation grade higher than the existing buildings in the block. Provisions shall then be made to protect the lower elevation buildings from the water runoff of the new buildings. Parts of the foundation which are placed at a higher elevation for architectural effect shall not extend for more than forty (40) percent of the perimeter of the building.

(Ord. No. 79-25, 10-4-79)

   Hereafter means after the effective date of the ordinance containing such term.

   Hotel means an establishment which provides customary hotel services, such as maid service, furnishing and laundering of linen, and secretarial or desk service, the use and upkeep of furniture and/or bell boy service.

   Junkyard means an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, papers, rags, rubber tires and bottles. A junkyard includes an auto wrecking yard, but does not include uses established entirely within closed buildings.

   Kennel means any premises on which dogs and cats, or each separately, are maintained, bred or cared for, in return for remuneration, or are kept for the purpose of sale or resale.

(Ord. of 9-21-61)

   Lot means a subdivided parcel of land so recorded in the Office of the Recorder of Deeds of the County, intended for occupancy by one (1) main building and its accessory buildings. The word "lot" shall include the words "piece" and "parcel"; the word "building" includes all structures of every kind and the phrases "arranged for", "designed for", "intended for" and "occupied for" shall have the same meaning as the phrase "used for".

(Ord. No. 62-13, 8-2-62)

   Lot Depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured between the boundaries.

   Lot Line, Front means that boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way; where such public way is not a dedicated street, the right-of-way of such public way shall be deemed to be sixty-six (66) feet, unless otherwise provided. The owner of a corner lot may select either street lot line as the front lot line.

   Lot Line, Rear means that boundary of a lot which is most distant from, and is or is most nearly parallel to, the front lot line.

   Lot Line, Side means any boundary of a lot which is not a front lot line or rear lot line.

   Lot Width means the mean horizontal distance between the side lot lines of a lot, measured within the lot boundaries.

   Medical Cannabis Cultivation Center means a facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis per the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois, as may be amended from time to time.

(Ord. 2014-01, § 1, 1-27-2014)

   Medical Cannabis Dispensing Organization means a facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, per the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois, as may be amended from time to time.

(Ord. 2014-01, § 1, 1-27-2014)

   Medical Cannabis Facilities means both medical cannabis cultivation centers and medical cannabis dispensing organizations. 

(Ord. 2014-01, § 1, 1-27-2014)

   Nonconforming Building, Structure Or Use means any building or structure or any use of buildings, structures or land which does not comply with all the regulations of this chapter or of any amendment hereto governing use for the zoning district where such building or use is located.

(Ord. of 9-21-61)

   Number Of Buildings On A Lot. Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one (1) main building on one (1) lot unless otherwise specified and provided in this code.

(Ord. No. 79-34, 12-6-79)

   Professional Offices, when incidental to the residential use of the premises, shall include only the office of doctor, practitioner, clergyman, dentist, architect, lawyer, author, artist, musician or other professional occupations customarily conducted within a residence.

   Rest Home Or Nursing Home means a private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, and contains no equipment for surgical care or for the treatment of disease or injury.

   Setback means the minimum horizontal distance between the front line of the building or structure and the front property line.

   Street means a public or private right-of-way which affords a primary means of access to abutting property, but, excepting driveways to buildings.

   Street Level, for any building, means the level of the established street in front of such buildings measured at the center of such front. Where no street level has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the street level.

(Ord. of 9-21-61)

   Tract Of Land means a parcel of land used for or suitable for occupancy by one (1) main building or use with its accessory buildings.

(Ord. No. 62-13, 8-2-62)

   Trailer means any vehicle, house car or mobile vehicle on wheels, skids, rollers or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for residential living, sleeping or commercial purposes and herein referred to as a trailer.

   Trailer House Park means any area or premises on which space for trailers is rented or on which free occupancy is permitted to trailer owners or users for the purpose of securing their trade, but not including automobile or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.

   Truck Terminal means a building or area in which freight brought by motor truck is assembled or stored for routing in intrastate or interstate shipment by motor truck.

   Use Of Property means the purpose or activity for which the land or buildings thereon is designed, arranged or intended for, or for which it is occupied or maintained, and shall include any manner of performance of activity with respect to the use permitted by this chapter.

   Use Permitted means a use which may be lawfully established in a particular district or districts, provided it conforms with the requirements and regulations if any, of such district.

   Yard, Corner Side means a side yard which faces a public street.

   Yard, Front means a yard extending along the full length of the front lot line between the side lot lines.

   Yard, Interior Side means a side yard which is located immediately adjacent to another zoning lot or to an easement separating such side yard from another zoning lot.

   Yard, Rear means a yard extending along the full length of the rear lot line between the side lot lines.

   Yard, Side means a yard extending along the side lot line from the front yard to the rear yard.

   Zoning District means a section or sections of the village for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.

(Ord. of 9-21-61; Code 1972, § 10-1-2; Ord. 2016-15, § 1, 4-25-16)

   This chapter is adopted for the following purposes:

   (1)   To promote and protect public health, safety, morals, comfort, convenience and the general welfare of people;

   (2)   To zone all properties in such a manner as to reflect their best use and conserve and enhance their values;

   (3)   To ensure maximum living and working conditions and prevent blight and slums;

   (4)   To protect residential, business and manufacturing areas alike from encroachment by incompatible uses;

   (5)   To affix reasonable standards to which buildings or structures shall conform;

   (6)   To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereinafter;

   (7)   To ensure high standards of light, air and open spaces in areas where people live and work;

   (8)   To relieve street congestion through adequate requirements for off street parking and loading facilities;

   (9)   To isolate or control the location of unavoidable uses;

   (10)   To define the powers and duties of the administrative officers;

   (11)   To prescribe penalties for the violations of the provisions of this chapter or any amendment thereto.

(Code 1972, § 10-1-1; Ord. 2016-15, § 1, 4-25-16)

   (a)   No building, structure or use which was not lawfully existing at the time of the adoption of the ordinance from which this section derives shall become or be made to be lawful solely by reason of such adoption, to the extent that in any manner such building, structure or use is in conflict with the requirements of this chapter, such building, structure or use remains unlawful under this chapter.

   (b)   The following rules shall apply with respect to the boundaries of the districts as shown on the zoning district map: District boundary lines are centerlines of highways, streets or easements or right-of-way lines of railroads and expressways or section, division of section, tract and lot lines, or such lines extended unless otherwise indicated.

   (c)   Subdivision shall be completed pursuant to the requirements of chapter 8, article VIII, of this code.

(Code 1972, § 10-2-1; Ord. 2016-15, § 1, 4-25-16)

   (a)   All buildings erected under this chapter, all uses of lands or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements or additions to existing uses occurring hereafter, shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

   (b)   All fences constructed on any nonresidentially zoned property adjacent to residentially zoned property shall be constructed pursuant to the requirements of section 8-251(b) of this code.

   (c)   For all buildings and structures erected and all uses of land established after the effective date of the ordinance from which this xhapter derives, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located.

   (d)   Except as provided by this chapter and except after obtaining written permission from the building commissioner, it shall be unlawful within the limits of the village:

      (1)   To establish any use of a building, structure or land, either by itself or in addition to another use;

      (2)   To expand, change or reestablish any nonconforming use;

      (3)   To erect a new building or structure or part thereof;

      (4)   To rebuild, structurally alter, add to or relocate any building or structure or part thereof;

      (5)   To reduce the open space or plot area required for a building or structure, or to include any part of such open space or plot area as that required for an adjoining building or structure;

      (6)   To provide or connect onto water supply or sewerage disposal facilities.

(Ord. of 9-21-61)

   (e)   The number of buildings on a lot and accessory buildings shall be restricted as follows:

      (1)   Number Of Buildings On A Lot: Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one (1) main building on one (1) lot unless otherwise specified and provided in this code.

      (2)   Accessory Buildings: No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced. 

(Code 1972, § 10-2-2; Ord. No. 79-35, 12-6-79; Ord. No. 85-20, 10-1-85; Ord. 2016-15, § 1, 4-25-2016)

   Every residence, business, trade or industry hereafter established and requiring water supply, sewerage disposal facilities or garbage disposal shall provide such facilities as shall conform to standards and requirements of the village building and sanitation codes. Plot plans accompanying building permit applications shall show clearly the proposed sewerage disposal system and well locations if any. Where village sewerage and water facilities are available, connections must be made thereto.

(Ord. of 9-21-61; Code 1972, § 10-15-1; Ord. 2016-15, § 1, 4-25-2016)

   Cross reference–Utilities, Ch. 11.

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

   (1)   To hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any planning or zoning ordinance.

   (2)   To hear and pass upon all applications for variations in respect to the classification, regulation, prohibition or restriction of the location of trades and industries and the

      location of buildings designed for public, industrial, business and residential and other uses. Variations shall be permitted by the zoning board of appeals only when they are in harmony with the general purpose and intent of the zoning chapter and only in cases where there are particular difficulties or hardships in the way of carrying out the strict letter of any of these recommendations. In its consideration of the standards of particular difficulties or hardships, such board shall require evidence that:

      (a)   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;

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

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

   (3)   To hear and decide all matters referred to it or upon which it is required to pass under the zoning chapter as prescribed by statute.

(Code 1972, § 2-2-5; Ord. 2012-24, § 28, 9-24-2012; Ord. 2016-15, § 1, 4-25-2016)

   State law references–Zoning enforcement officers, board of appeals, 65 ILCS 5/11-13-3; variations, 65 ILCS 5/11-13- 4, 11-13-5.

   Any person seeking to appeal or apply for a variation shall file a notice of appeal or petition for a variation with the zoning board of appeals, in writing, identifying the grounds for the requested relief. In the case of an appeal, the notice of appeal shall be filed with the officer whose decision is to be reviewed. Upon receipt of a notice of appeal, the officer shall prepare and forward to the zoning board of appeals a record of the underlying proceedings. The zoning board of appeals shall consider the appeal or application at a public hearing, which shall take place no sooner than fifteen (15) days and no later than thirty (30) days after the notice of the hearing has been published and/or delivered by such other means as required by law. The notice to be published shall identify the location of the property, the nature of the request, and such other information as may be deemed pertinent to adequately apprise the public of the proceeding.

(Code 1972, § 2-2-6; Ord. 2012-24, § 28, 9-24-2012; Ord. 2014-17, § 1, 10-13-2014; Ord. 2016-15, § 1, 4-25-2016)

   State law references–Variations authorized, 65 ILCS 5/11-13-5; notice and hearing, 65 ILCS 5/11-13-6; appeals, 65 ILCS 5/11-13-12.

   An applicant for variation or special use shall, not more than thirty (30) days before filing an application for variation with the zoning board of appeals, serve written notice, either in person or by registered mail, return receipt requested, on the owners, as recorded in the office of the recorder of deeds or the registrar of titles of the county in which the property is located and as appears from the authentic tax records of such county, of all property within two hundred fifty (250) feet 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 (250) foot requirement. The notice herein required shall contain the address of the location for which the variation is requested, a brief statement of the nature of the requested variation, the name and address of the legal and beneficial owner of the property for which the variation is requested, a statement that the applicant intends to file an application for variation and the approximate date on which the application will be filed. If, after a bona fide effort to determine such address by the applicant for variation, the owner of the property on which the notice is served cannot be found at his or her last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of this section shall be deemed satisfied. In addition to serving the notice herein required, at the time of filing application for variation, the applicant shall furnish to the zoning board of appeals a complete list containing the names and last known addresses of the owners of the property required to be served, the method of service and the names and addresses of the persons so served. The applicant shall also furnish a written statement certifying that he or she has complied with the requirements of this section. The zoning board of appeals

shall hear no application for variation or special use unless the applicant for variation or special use furnishes the list and certificate herein required. The zoning board of appeals shall, not more than thirty (30) days nor less than fifteen (15) days before the hearing at which the application for variation is to be considered, send written notice to the persons appearing on the list furnished by the applicant, which notice shall contain the time and place of the hearing, the address of the location for which the variation is requested and the name and address of the applicant for variation and a brief statement of the nature of the variation requested.

(Ord. 2012-24, § 28, 9-24-2012; Ord. 2014-17, § 2, 10-13-2014; Ord. 2016-15, § 1, 4-25-2016)

   State law references–Similar provisions, 65 ILCS 5/11-13-7; administrative review, 735 ILCS 110/3-101 et seq.

   (a)   Any and all expenses associated with the publication of a notice of public hearing shall be the responsibility of the applicant. No hearing shall commence until such time as the village is reimbursed, in full, for the costs associated therewith.

   (b)   Any and all additional expenses incurred by the village as a result of any delay or rescheduling caused or requested by the applicant shall be the applicant's responsibility, including:

      (1)   Salaries of board members;

      (2)   Publication costs;

      (3)   Attorney and engineering fees;

      (4)   Incidental expenses.

(Ord. 2012-24, § 28, 9-24-2012; Ord. 2014-17, § 3, 10-13-2014; Ord. 2016-15, § 1, 4-25-2016)

   The chairman of the zoning board of appeals shall submit to the board of trustees a report of the hearing, together with its findings and recommendation. The board of trustees, no later than thirty (30) days after receipt of the zoning board of appeals’ findings and recommendation, shall:

   (1)   Approve the requested relief by ordinance as is, or as modified;

   (2)   Deny the requested relief; or

   (3)   Refer the matter back to the zoning board of appeals for further consideration

(Code 1972, § 2-2-7; Ord. 2012-24, § 28, 9-24-2012; Ord. 2014-17, § 4, 10-13-2014; Ord. 2016-15, § 1, 4-25-2016)

   State law reference–Variations by corporate authorities, 65 ILCS 5/11-13-5, 11-13-10.

   The zoning board of appeals and economic development planning board are hereby vested to:

   (1)   Prepare and recommend to the president and board of trustees a comprehensive plan of public improvements looking to the present and future development of the village. This plan may include reasonable requirements with reference to streets, alleys and public grounds in un-subdivided land situated within the corporate limits or in contiguous territory not more than one and one-half (1/2) miles beyond the corporate limits and not included in any municipality.

   (2)   Prepare and recommend to the president and board of trustees, from time to time, plans for specific improvements in pursuance of the plan.

   (3)   Give aid to the municipal officials charged with the direction of projects for improvements embraced within the plan, to further the making of these projects and generally to promote the realization of the plan.

   (4)   Review and recommend to the president and board of trustees all requests for a subdivision of any lot or parcel, including a variation of lot size.

   (5)   Exercise such powers germane to the powers granted herein and by statute 1as may be conferred from time to time hereafter by the president and board of trustees.

(Code 1972, § 2-2-8; Ord. 2012-24, § 28, 9-24-2012; Ord. 2016-15, § 1, 4-25-2016)

   (a)   Within thirty-five (35) days after the filing of any order, decision or variation of the board of trustees, any person or persons, jointly or severally aggrieved by such order, decision or variation, or any officer, department, board or bureau of the village, may appeal to a court of record in the manner prescribed by law.

   (b)   Wherein a parcel of property has been rezoned by order of the village board of trustees, that particular rezoned property shall be used for the type of business specified in such order, and if no building permit is applied for and issued for the rezoned parcel within a period of one (1) year from the date of the rezoning, the rezoning shall automatically revert back to the original zoning existing prior to the application for rezoning, except in cases where property has been upgraded to R-l residence (single-family).

(Code 1972, § 2-2-9; Ord. 2012-24, § 28, 9-24-2012; Ord. 2016-15, § 1, 4-25-2016)

   The provisions of the zoning chapter 3 and the districts created therein and as shown on the zoning map may from time to time be amended by ordinance after a duly advertised public hearing in the manner as prescribed by statute4. The zoning board of appeals shall serve as the committee or commission prescribed by statute to hold public hearings on all proposed amendments.

(Code 1972, § 2-2-10; Ord. 83-10, 7-7-1983; Ord. 2012-24, § 28, 9-24-2012; Ord. 2016-15, § 1, 4-25-2016)

   No application for an amendment, variance or subdivision shall be processed until such time as a non-refundable application fee in the amount of two thousand two hundred dollars ($2,200.00) is tendered to the village.

(Ord. 2012-24, § 28, 9-24-2012; Ord. 2014-17, § 5, 10-13-2014; Ord. 2016-15, § 1, 4-25-2016)

   (a)   Special uses are those uses having some special impact or uniqueness that require 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.

   (b)   The following procedure shall govern the submission, review and approval of any use identified as a special use in a zoning district:

      (1)   Application: Applications for special use permits shall be filed with the zoning board of appeals.

      (2)   Public Hearing: A public hearing shall be set, noticed, and conducted by the zoning board of appeals.

      (3)   Action By Zoning Board Of Appeals: Within sixty (60) days after the conclusion of the public hearing, the zoning board of appeals shall transmit to the board of trustees its recommendation either granting the application for a special use permit; granting the application subject to conditions, or denying the application. The failure of the zoning board of appeals to act within such sixty (60) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the proposed special use permit.

      (4)   Action By Board Of Trustees: Within forty-five (45) days after the receipt of the recommendation of the zoning board of appeals, or its failure to act as above provided, the board of trustees shall either deny the application or, by ordinance duly passed, shall grant the special use permit, with or without modifications or conditions. The failure of the board of trustees to act within such forty-five (45) days, or such further time to which the applicant may agree, shall be deemed a decision denying the special use permit.

   (c)   No special use permit shall be granted unless the applicant shall establish that:

      (1)   Code And Plan Purposes: The proposed use and development will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the district in question were established.

      (2)   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, or the public health, safety, and general welfare.

      (3)   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.

      (4)   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, parks, libraries, and schools, or the applicant will provide adequately for such services.

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

      (6)   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.

      (7)   Compliance With Standards: The proposed use and development complies with all standards imposed on that use and any district where it is a permitted use.

   (d)   In determining whether the applicant's evidence establishes that the foregoing standards have been met, the zoning board of appeals shall consider:

      (1)   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.

      (2)   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.

      (3)   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.

   (e)   The zoning board of appeals 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 chapter upon the premises benefited 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; provided, however, that such conditions shall not be used as a device to grant a permit for a special use that is intended to be temporary in nature. 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 chapter and shall constitute grounds for revocation of the special use permit.

   (f)   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 building commissioner so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the building commissioner, to recover the village's actual direct cost of an inspection to verify that such conditions and limitations have been met.

   (g)   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 permits or approvals that may be required by the codes and ordinances of the village.

   (h)   Subject to an extension of time granted by the building commissioner, no special use permit shall be valid for a period longer than one year unless a building permit is issued and construction has 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.

   (i)   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 (6) consecutive months or more.

   (j)   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 property in question rather than the owner or operator of such use or property.

   (k)   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. 

(Ord. 2014-01, § 2, 1-27-2014; Ord. 2016-15, § 1, 4-25-2016)