(B)   Certificate of occupancy.

      (1)   It shall be unlawful to occupy or use any structure, land, water, or premises in the village, or change the occupancy or use thereof, in whole or in part, without obtaining a certificate of occupancy from the village.

      (2)   The Building Inspector shall issue no certificate of occupancy for a new or remodeled premises unless he or she has inspected the premises after completion of all construction and certified that the premises is in conformity with the plans on which the building permit was based. He or she shall likewise issue no certificate of occupancy for a change of occupancy without certifying that the proposed occupancy will be in conformance with all applicable regulations herein.

      (3)   The following shall be exempt from the requirements for a certificate of occupancy:

         (a)   Land used for agricultural cultivation; and

         (b)   Residential buildings in which there is a change of occupancy that does not involve a change to a different permitted or conditional use.

      (4)   A temporary certificate of occupancy for a period not to exceed six months may be issued, consistent with the safety of the occupants, for occupancy or partial occupancy pending completion of construction or alterations.

      (5)   The Building Inspector shall either issue or deny a certificate of occupancy within 20 days of application therefor. The Village Administrator shall advise the applicant in writing of the reasons for any denial.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   The Zoning Administrator is hereby designated and authorized to enforce this chapter. Any party that violates any provision of this chapter shall, upon conviction, be fined not less than $25 nor more than $750 for each offense. Each day that a violation exists shall constitute a separate offense.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

   (A)   Authority.

      (1)   The Planning and Zoning Commission of the village is the “Plan Commission” and “Zoning Board of Appeals” referred to in this chapter and all other ordinances of the village. The Planning and Zoning Commission shall consist of nine members, or such number as the Board of Trustees may determine is necessary, from time to time.

      (2)   The Planning and Zoning Commission is hereby vested with the power and responsibility to:

         (a)   Conduct hearings and make recommendations to the Village President and Board of Trustees on all:

            1.   Amendments to this chapter;

            2.   Conditional uses, including Planned Unit Developments;

            3.   Variances, including minor variances;

            4.   Map amendments/zoning reclassifications; and

            5.   Amendments to the village’s comprehensive plan.

         (b)   Hear and make final determinations on all zoning appeals;

         (c)   Keep written minutes of its proceedings, which shall be a public record;

         (d)   Adopt by-laws and any other procedural rules consistent with this and other village ordinances and state statutes;

         (e)   Recommend to the President and Board of Trustees the employment of such professional zoning, legal, engineering, or administrative assistance as is necessary to fulfill its responsibilities;

         (f)   Hear all other matters referred to it by the President and Board of Trustees;

         (g)   Prepare and recommend to the President and Board of Trustees a Comprehensive Plan and any additional plans for the development and redevelopment of the village and its extraterritorial planning jurisdiction;

         (h)   File an annual report with the President and Board of Trustees setting forth its transactions and recommendations;

         (i)   Prepare and recommend to the President and Board of Trustees changes in any village plan or part thereof;

         (j)   Prepare and recommend to the President and Board of Trustees proposals for specific improvements to carry out village plans;

         (k)   Cooperate with county and regional planning commissions and other groups to promote coordinated planning; and

         (l)   Carry out any other function concerning land subdivision or other matters that may be conferred upon it by the village subdivision control ordinance or any other village ordinance.

   (B)   Appointments. The President shall, with the advice and consent of the Board of Trustees:

      (1)   Appoint all members;

      (2)   Appoint one member to serve as Chairman and another to serve as Vice Chairman, who will serve as Acting Chairman in the absence of the Chairman;

      (3)   Appoint a new member to fill the unexpired term of any member whose place has become vacant and appoint a new Chairman should that office be vacated;

      (4)   Have the power to remove any member with a majority vote of approval by the Board of Trustees;

      (5)   Appoint such alternate Board members as may be necessary to act as alternates to the regularly appointed members who may be conflicted out of consideration of certain issues or as may be necessary to ensure that a quorum is present at each scheduled hearing; and

      (6)   Original appointments shall be made with staggered terms of two and four years, however, the original appointment of the Chairman shall be for a four-year term. All successor appointments shall be for a four-year term.

   (C)   Meetings.

      (1)   All meetings shall be held at the call of the Chairman and at such other times as the Planning and Zoning Commission shall determine. All meetings shall be open to the public and shall be called and held in compliance with the Illinois Open Meetings Act, ILCS Ch. 5, Act 120 et seq.

      (2)   The Planning and Zoning Commission shall keep minutes of its proceedings. The minutes shall show the vote, or absence or abstention, of every member upon every official action, and shall be a public record on file in the office of the Village Clerk.

      (3)   Any Commission member absent during the proceedings before the Commission who certifies that he or she has read the meeting minutes, transcript or listened to a tape recording of said proceedings may vote on any question heard at such proceedings.

   (D)   Compensation. Commission member shall be paid quarterly for each meeting attended at the rate of $40 per meeting for the Chairman and $40 for all other members or at such other rates as the President and Board of Trustees may hereafter establish.

      (1)   Comprehensive Plan Subcommittee shall review and forward recommendations to the Planning and Zoning Commission on matters pertaining to the Comprehensive Plan and official map. The Comprehensive Plan is a description of long-range public policy affecting community character, economic well-being, cultural and social amenities, ease and convenience of circulation in the village, and orderly development of various land uses, and serves as a policy guide in all decisions related to community growth. The official map identifies the location of present and future public service facilities and improvements, thoroughfare system improvements, park and school sites and land for other public purposes.

      (2)   Ordinance Review Committee reviews and forwards recommendations to the Planning and Zoning Commission on matters pertaining to this chapter and Chapter 29 (Subdivision Regulations) text amendments.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 13-O-27, passed 10-24-2013; Ord. 14-O-36, passed 11-14-2014; Ord. 17-O-11, passed 3-9-2017; Ord. 19-O-20, passed 9-17-2019)

   (A)   The Zoning Administrator of the village shall be charged with the enforcement of this chapter. In discharging this responsibility, he or she shall:

      (1)   Issue temporary use permits and other permits or certificates provided for herein;

      (2)   Conduct inspections of structures and uses to determine compliance with this chapter;

      (3)   Notify in writing any party believed to be responsible for violating a provision of this chapter and order action to correct the violation;

      (4)   Prepare and cause to be published on or before March 31 of each year a Zoning District Map as amended through the preceding December 31;

      (5)   Attend all meetings of the Planning and Zoning Commission;

      (6)   Provide clerical or technical assistance to the Planning and Zoning Commission;

      (7)   Request the assistance and cooperation of other village officials, departments, boards, or commissions, or other agencies as necessary in the discharge of his or her duties; and

      (8)   Procure such engineering, planning, or legal assistance from technical experts outside the village government as may be necessary to discharge his or her duties and as is authorized by the President and Board of Trustees

   (B)   The Village Clerk shall have the responsibility to:

      (1)   Receive and forward to the Planning and Zoning Commission all applications and notices required by this chapter; and

      (2)   Maintain records of applications filled, public hearings held, permits, and certificates issued, inspections made, reports rendered, and notices and orders issued under the provisions of this chapter.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 17-O-11, passed 3-9-2017)

   (A)   Applicability. Any party aggrieved by an administration order, requirement, decision or determination made under this chapter by the Zoning Administrator, Building Officer, or other authorized administrative official, board, commission, or department of the village other than the President and Board of Trustees may appeal to the Planning and Zoning Commission.

   (B)   Notice of appeal. A notice of appeal shall be filed with the Zoning Administrator within 45 days of the order or decision being appealed. The notice shall contain:

      (1)   The name, address and telephone number of the party filing the appeal;

      (2)   The location of the property affected by the decision being appealed;

      (3)   Identification of the provision of the ordinance governing the decision being appealed;

      (4)   A statement of the grounds on which the appeal is based;

      (5)   The reason given by the administrative official or body for the decision;

      (6)   A brief summary of the factual evidence upon which the appeal is based; and

      (7)   A plot plan and verbal description of the use affected by the decision being appealed.

   (C)   Stay of proceedings. The filing of a notice of appeals shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Planning and Zoning Commission that in his or her judgment a stay would cause imminent peril to life or property. In such cases, no proceedings shall be stayed without issuance of a restraining order by the Planning and Zoning Commission or a court record.

   (D)   Hearing and action.

      (1)   Upon receipt, the Zoning Administrator shall forthwith transmit the notice of appeal and the complete record of the decision to the Planning and Zoning Commission. The Commission shall fix a reasonable time for a hearing on the appeal and give a minimum of ten days’ notice to the party filing the notice.

      (2)   After the hearing, the Planning and Zoning Commission shall take final action on the appeal, whereby a majority of Planning and Zoning Commission member votes are needed to reverse the village’s decision. If such majority of such votes is not obtained, the village’s decision stands.

      (3)   A petitioner at a Planning and Zoning Commission hearing shall he responsible for retaining a court reporter to attend and record the proceedings of the Planning and Zoning Commission hearing. If no court reporter is retained, the record of the proceedings will not include a transcript of the hearing.

      (4)   A petitioner who files a complaint for administrative review of a decision of the Planning and Zoning Commission shall be responsible for the cost of preparation of the record of proceeding, including but not limited to costs for photocopying and for transcription of a hearing.

      (5)   The Planning and Zoning Commission shall not be obligated to provide the record of proceedings until the petitioner pays the cost of preparation of the record.

      (1)   Was arbitrary or capricious;

      (2)   Was based on an erroneous finding of a material fact;

      (3)   Constituted an abuse of discretion; or

      (4)   Was based on erroneous interpretation of this chapter or zoning law.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 17-O-11, passed 3-9-2017)