The administration of this chapter is hereby vested in:

   (A)   Zoning Administrator;

   (B)   Planning and Zoning Commission; and

   (C)   Village Board.

(1983 Code, § 9-13-1) (Ord. 09-07, passed 9-8-2009)

      (1)   Examine and approve an application pertaining to the use of land or structures when the application conforms with the provisions of this chapter;

      (2)   Issue zoning certificates, and make and maintain records thereof;

      (3)   Issue occupancy certificates and make and maintain records thereof;

      (4)   Supervise inspections of structures and uses of land to determine compliance with the terms of this chapter, and where there are violations, initiate action to secure compliance;

      (5)   Receive from the Village Clerk and file and forward to the Planning and Zoning Commission all applications and petitions for appeals, variations, amendments, special use permits, planned developments or for other matters on which the Planning and Zoning Commission is required to pass under this chapter;

      (6)   Maintain permanent and current records of this chapter, including but not limited to maps, amendments, the rules of practice and procedure of the Planning and Zoning Commission variations, appeals and applications therefor, and records of hearings thereon, including the recording of district amendments and special uses on the Zoning District Map; and maintain all zoning records which are a part of the administration of this chapter;

      (7)   Decide or make recommendations on all other matters under this chapter upon which the Zoning Administrator is required to act;

      (8)   Initiate, direct and review from time to time, a study of the provisions of this chapter and make reports of his or her recommendations to the Planning and Zoning Commission and the Village Board not less frequently than annually;

      (9)   Assist the Planning and Zoning Commission and Village Board in the development of proposed amendments to the provisions of this title as may be necessary from time to time;

      (10)   Publish periodically this chapter or changes thereto including the Zoning District Map; and

      (11)   Provide and maintain public information service relative to matters arising out of this chapter.

(1983 Code, § 9-13-2) (Ord. 09-07, passed 9-8-2009)

   (A)   Applications for zoning certificates shall be accompanied by building layout plans in triplicate, drawn to scale, and fully dimensioned, adequate to show the shape, area and dimensions of the lot to be built upon, the elevation of the lowest area of the lot, the location, the ground area, height and bulk of existing and proposed structures and, if residential, the number of dwelling units each structure is designed to accommodate, location and number of off-street parking and off-street loading spaces, and any other information as may be required by the Zoning Administrator for the proper enforcement of this chapter. Wherever a structure or use is of a type for which this chapter requires off-street parking on a ratio to the number of employees, the number of employees on which the parking requirements is based shall be shown on the application. One copy of the plans shall be returned to the owner when the plans shall have been approved by the Zoning Administrator. The lot and location of the building thereon shall be staked out on the ground before construction is started.

   (B)   No permit pertaining to the use of land or structures shall be issued by an officer, department or employee of the village unless the application for the permit has been examined by the Zoning Administrator and has affixed to it the authorization of the Zoning Administrator, indicating that the proposed structure or use complies with the provisions of the chapter. Where no other permit is required for the use of the land, this zoning authorization shall be construed as the permit to so use the land.

   (C)   An application for a permit pertaining to the use of land or structures which requires compliance with the provisions of this chapter respecting performance standards shall be signed by the land owner or a corporate officer, or authorized representative of the owner or corporation, certifying that the structure and the proposed use thereof complies with the applicable performance standards of the district in which it is located. The certificates shall contain sufficient information and detail to enable the Zoning Administrator to determine that the proposed structure and use can and will be in compliance with the applicable performance standards. The Zoning Administrator shall, within 15 working days following receipt of the application and certificate, approve and authorize or deny the issuance of a zoning certificate. Approval also indicates that the application complies with other relevant provisions of the chapter. This authorization shall thereafter be valid for all purposes for a period of one year, and if incomplete at that time, may be extended for successive one-year periods by requests in writing to and written authorizations for the extensions from the Zoning Administrator.

(1983 Code, § 9-13-3) (Ord. 09-07, passed 9-8-2009)

   (A)   Occupancy certificates shall be applied for coincidentally with applications for zoning certificates, and shall be issued within ten working days after completion of construction and the premises inspected by the Zoning Administrator. Occupancy certificates shall be issued by the Zoning Administrator to authorize occupancy of the premises in accordance with the zoning certificates. Pending the issuance of the permanent occupancy certificate, a temporary certificate may be issued, to be valid for a period not to exceed 60 days from its date, during the completion of any addition or during partial occupancy of the premises. If the completion of any occupancy certificate is denied, the Zoning Administrator shall notify the applicant in writing within ten working days after he or she has been notified in writing that the premises are ready for occupancy, stating the reasons why a certificate cannot be issued.

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

   (C)   A record of occupancy certificates shall be kept on file in the office of the Zoning Administrator and copies shall be furnished, on request, to any person having proprietary or tenancy interest in the land or structure affected. A fee of $5 shall be charged for each original occupancy certificate, and $1 for each additional copy.

(1983 Code, § 9-13-4) (Ord. 09-07, passed 9-8-2009)

   Whenever there is found a violation of the terms of this chapter, the Zoning Administrator shall at once issue written notice to the owner and any other responsible party, specifying the nature of the violation and citing the provisions of the chapter which are violated, and the owner and any other party shall at once take appropriate steps to correct the violation. In case of failure by the owner or other responsible party to correct the violation within a reasonable time, the Zoning Administrator shall initiate an action or proceeding as shall secure compliance with the applicable provision of this chapter. When compliance is so secured, the Zoning Administrator shall issue an occupancy certificate certifying such compliance.

(1983 Code, § 9-13-5) (Ord. 09-07, passed 9-8-2009)

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

      (2)   The plight of the owner is due to unique circumstances.

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

      (4)   For the purpose of implementing the above rules, the Planning and Zoning Commission shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence:

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

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

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

         (d)   The alleged difficulty or hardship has not been created by the owner of 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 congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood or adversely affect the health, morals or general welfare of the public.

      (5)   The Planning and Zoning Commission may impose such conditions and restrictions upon the premises benefitted 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 better to carry out the general intent of this chapter.

      (1)   To permit any yard or setback less than a yard or a setback required by the applicable regulations;

      (2)   To permit the use of a lot or lots not of record on the effective date of this chapter for a use otherwise prohibited solely because of insufficient area of width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 90% of the required area and width;

      (3)   To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of the 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 off-street loading facilities required by not more than one parking space or loading space, or 20% of applicable regulations, whichever number is greater; or

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

(1983 Code, § 9-13-6) (Ord. 09-07, passed 9-8-2009)

   An appeal to the Planning and Zoning Commission may be made by any person or by any office, department, board or bureau aggrieved by a decision of the Zoning Administrator under this chapter, in accordance with Illinois Statutes and the following:

   (A)   An application for an appeal shall be filed with the Village Clerk within 20 days of the date of the action from which the appeal is being filed, and thereafter the Village Clerk shall forward the application to the Planning and Zoning Commission for processing. The Village Clerk shall forward to the Zoning Administrator a notice of appeal specifying the grounds thereof, and he or she shall forthwith transmit to the Planning and Zoning Commission all the papers constituting the record upon which the action appealed from was taken.

   (B)   An appeal stays all the proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Planning and Zoning Commission, after the notice of appeal has been filed with him or her, that by reason of fact stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Planning and Zoning Commission or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

   (C)   The Planning and Zoning Commission shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney. The Planning and Zoning Commission may affirm or, on the concurring vote of five members, may reverse wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be done or made on the premises, and to that end shall have all the powers of the office from whom the appeal was taken.

(1983 Code, § 9-13-7) (Ord. 09-07, passed 9-8-2009)

      (1)   A change in a district's boundary (rezoning);

      (2)   A change in a district's regulations; or

      (3)   A change in any other provision of this chapter.

      (1)   By petition of an owner or owners of property which is proposed to be rezoned, or for which district regulation changes are proposed;

      (2)   By recommendations of the Planning and Zoning Commission; or

      (3)   By action of the Village Board.

      (1)   The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her situation, learn the procedures and obtain an application form.

      (2)   The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a filing fee of $50.

      (3)   The Zoning Administrator shall transmit the application and required exhibits to the Planning and Zoning Commission and shall give notice of the public hearing to the property owners within the affected zone and within 250 feet of the outer boundaries of the property in question; however, failure of any property owner to receive the notification shall not invalidate the proceedings.

      (4)   The Zoning Administrator shall have notice of the required public hearing published in the official municipal newspaper.

      (5)   The Planning and Zoning Commission shall hold the public hearing and shall, within 45 days of filing, recommend one of three actions: approval, denial or conditional approval.

      (6)   The Planning and Zoning Commission shall transmit its recommendation to the Village Board for its official action.

      (7)   The Village Board shall act upon the application within 45 days after receiving the recommendation of the Planning and Zoning Commission.

(1983 Code, § 9-13-8) (Ord. 03-09, passed 7-7-2003; Ord. 09-07, passed 9-8-2009)

      (1)   The boundary survey and plot plan as required for building permit application; and

      (2)   Petition of property owners within 250 feet of property in question showing not less than 50% of the owners favoring proposals.

      (1)   The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her situation, learn the procedures and obtain an application form.

      (2)   The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a filing fee in accordance with § 154.211.

      (3)   The Zoning Administrator shall transmit the application to the Planning and Zoning Commission and shall give notice to the public hearing to all property owners within 250 feet of the outer boundaries of the property in question; however, failure of any property owner to receive the notification shall not invalidate the proceedings.

      (4)   The Zoning Administrator shall have notice of the public hearing published in the official newspaper.

      (5)   The Planning and Zoning Commission shall hold the public hearing and shall study the application to determine possible adverse effects of the proposed special use and to determine what additional requirements may be necessary to reduce the adverse effects and within 45 days of filing shall recommend one of three actions: approval, denial or conditional approval.

      (6)   The Planning and Zoning Commission shall transmit its recommendation to the Village Board for its official action.

      (7)   The Village Board shall act on the application within 45 days after receiving the recommendation of the Planning and Zoning Commission.

      (1)   A special use permit may be granted by the Village Board after demonstration by evidence that:

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

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

         (c)   The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in this district;

         (d)   Adequate utilities, access roads, drainage and necessary facilities have been or will be provided;

         (e)   Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and

         (f)   The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

      (2)   The Planning and Zoning Commission may recommend, and the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in this chapter.

(1983 Code, § 9-13-9) (Ord. 09-07, passed 9-8-2009)

   At least six months shall elapse between the date of an adverse decision and the reapplication or repetition for a variation, amendment or special use on the same zoning lot by the same applicant for the same or similar zoning classification.

(1983 Code, § 9-13-11) (Ord. 09-07, passed 9-8-2009)

   The table summary of minimum lot and yard requirements by district and the depiction of the official zoning map for the village are located in Appendices A and B to this chapter.

(1983 Code, § 9-13-13) (Ord. 09-07, passed 9-8-2009)

   A fee payable to the Village Treasurer by a certified check or cash shall accompany an application for an appeal, variation, amendment, special use, zoning certificate or occupancy permit as follows:

 

(1983 Code, § 9-13-12) (Ord. 09-07, passed 9-8-2009)

   The Zoning Administrator, and anyone designated by him or her, is hereby designated and authorized to enforce this chapter.

(1983 Code, § 9-1-17) (Ord. 532, passed 5-14-1974; Ord. 09-07, passed 9-8-2009)

   Any person who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any provisions of this chapter shall, upon conviction, be fined not less than $50 nor more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(1983 Code, § 9-1-17) (Ord. 532, passed 5-14-1974; Ord. 09-07, passed 9-8-2009)

(1983 Code, § 9-13-13) (Ord. 09-07, passed 9-8-2009)

 

(1983 Code, § 9-13-13) (Ord. 09-07, passed 9-8-2009)