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

   The zoning administrator

   The plan commission/board of appeals 1

(Ord. 76-O-227, 12-2-1976; amd. Ord. 05-O-942, 11-7-2005)

The building commissioner, as zoning administrator, shall be in charge of the administration and enforcement of this title, and such officer 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 village president, 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 village president, 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 the 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. 76-O-227, 12-2-1976; amd. Ord. 84-O-385, 5-7-1984)

   A.   No permit as required by the village building code 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 commissioner 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 village building code 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 commissioner. 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 or 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 commissioner. The building commissioner 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. 76-O-227, 12-2-1976; amd. Ord. 84-O-385, 5-7-1984)

   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 commissioner. No change in a use in any district shall be made until an occupancy certificate has been issued by the building commissioner. Every occupancy certificate shall state that the use or occupancy complies with all the provisions of this title.

   B.   Every application for a building permit shall also be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or building where no building permit is required shall be made to the building commissioner.

   C.   No occupancy certificate for a building or addition thereto, constructed after the effective date hereof, shall be issued until the construction has been completed and the premises have been inspected and certified by the building commissioner 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 commissioner 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 commissioner is notified in writing that the building or premises is ready for occupancy. (Ord. 76-O-227, 12-2-1976; amd. Ord. 84-O-385, 5-7-1984)

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 commissioner 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. 76-O-227, 12-2-1976; amd. Ord. 84-O-385, 5-7-1984)

   A.   Authority: The plan commission/board of appeals shall hear appeals from an administrative order, requirement or determination under this title, made by the building commissioner, and make its recommendations to the village board.

   B.   Initiation And Processing: An appeal may be taken to the plan commission/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.

      The appeal shall be taken within such time as shall be prescribed by the plan commission/board of appeals by a general rule by filing with the village clerk and with the plan commission/board of appeals, a notice of appeal, specifying the grounds thereof. Such appeal shall be taken on forms provided by the plan commission/board of appeals. The officer from whom the appeal is taken shall forthwith transmit to the commission/board all the papers constituting the record upon which the action appealed was taken.

      An appeal stays all proceedings in furtherance of the action appealed from, unless the building commissioner certifies to the plan commission/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 plan commission/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.

      The plan commission/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 plan commission/board of appeals may recommend the reversal or affirmative, 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 premises.

   C.   Decision: All decisions of the village board, after hearing by and recommendation of the plan commission/board of appeals on appeals from an administrative order, requirement decision or determination of the building commissioner, shall in all instances be final administrative determinations and shall be subject to judicial review only in accordance with applicable Illinois statutes. (Ord. 76-O-227, 12-2-1976; amd. Ord. 84-O-385, 5-7-1984; Ord. 05-O-942, 11-7-2005)

   A.   Authority: The village board of trustees shall decide variations of 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 plan commission/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, 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: An application for a variation shall be filed with the village clerk. The village clerk shall forward such application to the plan commission/board of appeals for processing in accordance with applicable statutes of the state of Illinois and the provisions of this title.

No variation shall be recommended by the Plan Commission/Board of Appeals except after a public hearing before the Plan Commission/Board of Appeals, of which there shall be a notice as required by 5-12-13.

   D.   Decisions: All recommendations and findings of the plan commission/board of appeals on variations arrived at after the hearing shall be accompanied by the findings of fact specifying the reason or reasons for recommending the approval or disapproval of the variation, and the decision of the village board of trustees 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 chapter, unless it shall have made findings based upon the evidence presented to it and the plan commission/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;

         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 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 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 chapter 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 only in accordance with the standards set out in this section, and may be granted only in the following instances, and in no others:

      1.   To permit up to a twenty percent (20%) reduction in the required front, side, or rear yard, except that no such variation shall be permitted in any business or commercial district for any required yard abutting a lot line in any residential district.

      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 use 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 hereof, 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 Variation: Variations other than those listed in subsection F of this section may be granted by the village board, except in the LC limited commercial district. No such other variation shall be granted except after a public hearing as set forth herein for variations generally and a report from the plan commission/board of appeals recommending the variation. The affirmative vote of five (5) members of the village board shall be necessary to grant such other variation. (Ord. 76-O-227, 12-2-1976; amd. Ord. 93-O-648, 9-7-1993; amd. Ord. 03-O-866, 1-6-2003; Ord. 05-O-942, 11-7-2005; Ord. 22-O-031, 12-20-2022)

The plan commission/board of appeals of the village, which has been duly established 1 , is the plan commission/board of appeals referred to in this title, and shall have the following duties under this title: (Ord. 76-O-227, 12-2-1976; amd. Ord. 05-O-942, 11-7-2005)

   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 chapter 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.

   C.   To hear and decide all matters upon which it is required to pass under this title. (Ord. 76-O-227, 12-2-1976)

   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 the state of Illinois. An amendment shall be granted or denied by the village board of trustees only after public hearing before the plan commission/board of appeals 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/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 to the plan commission/board of appeals, with a request to hold a public hearing. Notice shall be given of the time and place of the hearing as required in section 5-12-13. (Ord. 76-O-227, 12-2-1976; amd. Ord. 03-O-866, 1-6-2003; Ord. 05-O-942, 11-7-2005; Ord. 22-O-031, 12-20-2022)

   A.   Purpose: The development and execution of this title is based upon the division of the village into districts, within any one 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 the public need for the particular use or the particular location. Such special uses fall into two (2) categories:

      1.   Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with 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 village board in accordance with the provisions of this title applicable to amendments of this title and the regulations and conditions set forth in this title for special uses.

No application for a special use shall be acted upon by the village board until after:

      1.   A written report is prepared and forwarded to the village board by the plan commission/board of appeals in a manner prescribed herein for amendments to this title; and

      2.   A public hearing has been held by the plan commission/board of appeals after due notice by publication as prescribed herein, for amendments, and the findings and recommendations of the plan commission/board of appeals have been reported to the village board.

   C.   Initiation: An application for a special use may be made by any person, or by an office, department, board, bureau or commission requesting or intending to request a building permit or occupancy certificate.

   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 plan commission/board of appeals shall be filed with the village clerk and thereafter introduced to the village board of trustees. Such application shall be forwarded to the plan commission/board of appeals, with a request to hold a public hearing. Notice shall be given of the time and place of the hearing in accordance with section 5-17-13.

The plan commission/board of appeals shall hold a public hearing and forward its recommendations in the form of a written report to the village board within thirty (30) days following the date of public hearing on each application unless it is withdrawn by the petitioner.

The application shall state:

      1.   The proposed use at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community; and

      2.   Such use will not under the circumstances of the particular case be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvement in the vicinity; and

      3.   The proposed use will comply with the regulations and conditions specified in this title for such use, and with the stipulation and conditions made a part of the authorization granted by the village board of trustees.

      4.   Notwithstanding any of the other provisions of this title where an "adult use" as defined in section 5-1-6 of this title is allowed as a special use in any zoning district, no other criteria shall be used for granting or denial of the special use permit than those listed herein:

         a.   The property line of each adult use must be located no less than five hundred feet (500') from the property line of any other adult use;

         b.   No adult use shall be located within five hundred feet (500') of a residential zoning district;

         c.   The building line of any adult use shall not be located within five hundred feet (500') of the property line of any public building, church, school, library, park or playground.

The adult use, special use permit shall be granted if the aforementioned criteria are met but shall be subject to revocation if in judicial proceedings it is found that activities engaged in under such special use permit constitute obscenity or distribution of harmful material to minors in violation of state statutes.

   E.   Decisions: The village board, upon report of the plan commission/board of appeals and without further public hearing, may grant or deny any proposed special use in accordance with applicable statutes of the state or may refer it back to the plan commission/board of appeals for further consideration. (Ord. 76-O-227, 12-2-1976; amd. Ord. 97-O-742, 3-6-1997; Ord. 03-O-866, 1-6-2003; Ord. 05-O-942, 11-7-2005; Ord. 22-O-031, 12-20-2022)

The village board shall establish a schedule of fees, charges and expenses for zoning certificates, occupancy certificates, appeals, application for amendments or special use, 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.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 76-O-227, 12-2-1976)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title shall, upon conviction, be fined as set forth in section 1-4-1 of this code for each offense. A separate offense shall be deemed committed for each day a violation occurs or continues. (Ord. 91-O-596, 11-4-1991; amd. Ord. 95-O-707, 11-6-1995)

   A.   Required Notice: The following types of notice are required for public hearings of each of the following actions:

 

 

   B.   Published Notice: Notice of time and place of the hearing shall be 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 the village. The applicant shall provide an affidavit that notice as herein required was given which shall include a copy of the published notice.

   C.   Mailed Notice: Notice of the hearing shall be given by the applicant by certified mail, return receipt requested, to all record owners of property within five hundred feet (500') in each direction of the subject property. Notice as required herein shall be given no less than fifteen (15) days nor more than thirty (30) days in advance of the hearing date. At the time of the hearing, the applicant shall provide an affidavit that notice as herein required was given and which shall include a copy of the notice along with a list of the property owners and their addresses to whom notice was given and the receipts for certified mailing.

   D.   Content Of Mailed and Published Notice: The notice of public hearing shall, at a minimum, include:

      1.   A legal description of the subject property.

      2.   The address or common name of the subject property.

   C.   The name of the petitioner.

   D.   A description of the petitioner's request including, but not limited to, the requested rezoning, acreage of the subject property, proposed mix of uses, and number and type of dwelling units, if any.

   E.   The time, place, and purpose of such hearing. (Ord. 91-O-587, 8-5-1991)

   F.   Posted Notice: The petitioner shall post and maintain, for a period of not less than fifteen (15) days prior to the hearing, the notice of public hearing. Said notice shall be erected not more than fifteen feet (15') from the front lot line(s), and not less than four feet (4') above ground, nor more than six feet (6') above ground, and placed in such a manner so as to be visible from the adjacent street(s). The face of the notice shall be three feet by four feet (3' x 4') with black letters on a white background; said letters shall be of minimum size as indicated below. Said notice shall be in the following form:

(Ord. 22-O-031, 12-20-2022)