(a)

Established. The village has previously established the village board of trustees. See chapter 2, article III.

(b)

Additional powers and duties. In addition to those powers and duties previously established in chapter 2, article III, the village board of trustees shall have the following powers and duties:

(1)

To make final decisions on ordinance text and map amendments.

(2)

To make final decisions on variations, where recommendations by the planning and zoning board of appeals are forwarded from the building committee and a majority vote determines review of the application for variations is necessary.

(3)

To make final decisions on applications for special uses.

(4)

To make final decisions on applications for planned developments.

(Ord. of 5-1-2003, § 2.1)

(a)

Established. The village has previously established the planning and zoning board of appeals.

(b)

Additional powers and duties. In addition to those powers and duties previously established, the planning and zoning board of appeals shall have the following powers and duties:

(1)

To hear and make recommendations to the building committee of the village board of trustees on applications for variations.

(2)

To hear and make final decisions on appeals of administrative decisions made by the building commissioner, planning and development director, and other authorized village officials.

(3)

To hear and make recommendations to the village board on applications for a change in zoning, PUD, subdivisions, special uses and ordinance text and map amendments.

(4)

To hear and make recommendations to the village board on applications for planned developments.

(5)

To render zoning interpretations.

(6)

To assist in the development, review and amendment of the comprehensive plan and village zoning ordinance, as requested by the village board.

(c)

Membership, terms, and organization.

(1)

Membership. The planning and zoning board of appeals shall consist of nine members, who shall reside in the village and who shall be appointed by the village president, and confirmed by the village board of trustees. The board members shall be willing to accept the extensive work of the planning and zoning board of appeals and shall attend at least three-fourths of the planning and zoning board of appeals meetings annually.

(2)

Terms. The members of the planning and zoning board of appeals shall serve five year terms.

(3)

Vacancies. Vacancies on the planning and zoning board of appeals shall be filled for an unexpired term of a member whose seat is vacant by appointment by the village president, and confirmation by the village board of trustees.

(4)

Officers. The village president, with the village board of trustee's consent, shall appoint a member of the planning and zoning board of appeals as chairman and a member as vice-chairman.

(5)

Member removal. The village president and the village board shall have the power to remove any member of the planning and zoning board for cause and only after a public hearing.

(d)

Meetings and procedures.

(1)

All meetings of the planning and zoning board of appeals shall be held at the call of the chairman or at the request of a majority of board members.

(2)

The chairman and, in his absence, the vice-chairman, shall preside over the meeting, administer oaths and may request the attendance of witnesses.

(3)

All hearings conducted by the planning and zoning board of appeals shall be open to the public.

(4)

The planning and zoning board of appeals shall adopt its own rules of procedure not in conflict with state statutes or village ordinances.

(5)

The planning and zoning board of appeals shall keep minutes of its hearings and other official actions. Findings of fact shall be included in the minutes in each case of a request for a variation, appeal or interpretation, and reasons for the recommendation of approval or denial for requests for a special use, planned development, or zoning map or text amendment.

(6)

Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the planning and zoning board of appeals shall be filed immediately in the village clerk's office and shall be public record.

(Ord. of 5-1-2003, § 2.2)

(a)

Established. The village has previously established the position of planning and development director. See chapter 2, article IX.

(b)

Additional powers and duties. In addition to those powers and duties previously established in chapter 2, article IX, the planning and development director, or other official to whom such duty is delegated by the village board, shall have the following powers and duties:

(1)

To provide technical assistance to the planning and zoning board of appeals, village board, or other bodies with authority under this chapter.

(2)

To administer this chapter.

(3)

To conduct site plan reviews.

(4)

To review, and deny or grant, requests for zoning certificates.

(5)

To propose new or revised zoning regulations, as may be required from time to time, based on changes in state law, case law, and/or technical performance standards.

(6)

To review, and deny or grant, request for minor variations.

(7)

To perform such other duties as may be required by the village board of trustees, including providing assistance and advice, as may be required by various commissions, committees, organizations, and agencies of the village.

(c)

In the absence of a planning and development director, the village administrator, or designee, shall assume the duties outlined in section 56-70(b)1-7, above.

(Ord. of 5-1-2003, § 2.3; Ord. No. 23-032, § 4, 8-15-2023)

(a)

Established. The village has previously established the position of building commissioner. See chapter 2, article IX.

(b)

Additional powers and duties. In addition to those powers and duties previously established in chapter 2, article IX, the building commissioner, or other official to whom such duty is delegated by the village board, shall have the following powers and duties:

(1)

To receive, review, and grant or deny applications for certificates of occupancy and building permits, and make and maintain records thereof.

(2)

To receive and maintain records of zoning certificates.

(3)

To conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this chapter.

(4)

To provide technical assistance to the planning and zoning board of appeals, village board, or other bodies with authority under this chapter.

(5)

To provide technical assistance to the Planning and development director in review of minor variations.

(6)

To review and grant or deny applications for sign permits.

(7)

To enforce the provisions of this chapter, and to issue notices of violations or penalties.

(Ord. of 5-1-2003, § 2.4; Ord. No. 23-032, § 5, 8-15-2023)

(a)

Established. The village has previously established the position of village clerk. See chapter 2, article IV.

(b)

Additional powers and duties. In addition to those powers and duties previously established in chapter 2, article IV, the village clerk, or other official to whom such duty is delegated by the village board, shall have the following powers and duties to:

(1)

Maintain permanent and current records of the chapter including, but not limited to, all maps, amendments, special uses, variations, appeals, interpretations and applications thereof.

(2)

Receive, file and forward to the planning and zoning board all applications for special uses, applications for amendments to this chapter or map, variations and appeals.

(3)

Receive, from the planning and zoning board of appeals, recommendations on applications for variations and transmit the same to the building committee of the village board.

(4)

Receive, from the planning and zoning board of appeals, recommendations on applications for variations, amendments and special uses, and transmit the same to the village board.

(5)

Receive and forward to the building commissioner, planning and development director, and other village department heads copies of all applications for special uses, applications for amendments to this chapter or map, variations, appeals and other matters on which the building commissioner and the planning and development director are required to pass under this chapter.

(6)

Provide technical assistance to the planning and zoning board of appeals, village board, or other bodies with authority under this chapter.

(Ord. of 5-1-2003, § 2.5)

All applications for the administrative procedures established under division 2 of this article shall be filed in accordance with the provisions set forth in this section.

(1)

Receipt of applications. Applications for the various administrative procedures shall be filed with the following village officials. The village official who receives the application shall distribute it to other appropriate village department heads for review.

a.

Applications for building permits, zoning certificates, certificates of occupancy, sign permits, and site plan review shall be filed with the building commissioner, or his designee.

b.

Applications for zoning map or text amendments, special uses, planned developments, variations or interpretations shall be filed with the village clerk, or his designee.

(2)

Form, number and scale. Applications shall be on forms provided by the village and shall be filed in such number according to instructions provided. All plans that are part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of the proposal.

(3)

Minimum submittal requirements. Every application submitted pursuant to this chapter shall contain the required minimum submittal data and information as listed in Appendix C of this chapter.

(4)

Requested additional information. In addition to the minimum data and information required by the application, the planning and development director shall have the authority to require the submission of any other additional data, information or documentation as deemed necessary or appropriate to achieve a full and proper consideration of the particular application.

(5)

Waiver of requirements. Notwithstanding any other provision of this section, the planning and development director shall have the authority to waive any required submission requirement, when, in his reasonable judgment, such waiver is appropriate in light of the nature and extent of the action requested. Justification for such a waiver may be that in light of special circumstances, requiring the submission of all required information is either unnecessary or unduly burdensome; provided, however, that any board before which such application may be pending shall continue to have the right to request additional information pursuant to subsection (4) of this section and to delay the processing of such application until such information is provided.

(6)

Fees. Every application filed pursuant to the provisions of this chapter shall be accompanied by the required filing fee and/or deposit as established, and modified from time to time, by the village board of trustees. The owner of the subject property and, if different, the applicant shall be jointly and severally liable for the payment of the application fee. The failure to pay such fee and/or required deposit when due shall be grounds for refusing to process the application and for denying or revoking any permit or approval sought or issued for the subject property.

(7)

Subject to dismissal if not pursued. Any application not diligently pursued by the applicant for a period of 90 days shall be subject to dismissal. In such cases, the planning and development director, building commissioner, or village clerk shall notify the applicant by certified mail of the village's intent to dismiss the application for lack of diligent pursuit. Within ten days of such notification, the applicant shall notify the village of his intent to pursue the application, propose a schedule for completion of submission requirements, and request an extension of time. Failure to provide such notification, schedule and request shall be grounds for dismissal of the application. If the applicant proposes a schedule for completion of submission requirements and requests an extension of time, the proposal and request shall be considered by the village official or at the next scheduled meeting of the board reviewing the application. The village official or board may approve, modify or deny the proposed schedule and request for extension of time.

(8)

Written withdrawal. An applicant shall have the right to withdraw, in writing, an application at any time prior to the action on an application by a village official or board.

(9)

Successive applications. Whenever any application filed pursuant to this chapter has been denied on its merits, a second application seeking essentially the same relief or request cannot be filed within one year of the date of denial. This restriction shall apply whether or not such second application is in the same form or of the same theory as the original application. A second application may, at the discretion of the planning and development director, be reviewed and/or heard if there is substantial new evidence available or a mistake of law or fact that significantly affected the prior denial. Any subsequent application shall include a detailed statement of the grounds justifying its consideration. If the planning and development director finds that there are no grounds for consideration of the subsequent application, the request may be denied by the planning and development director summarily and without hearing.

(Ord. of 5-1-2003, § 2.6; Ord. No. 23-032, § 6, 8-15-2023)

(a)

Setting. When the village clerk forwards an application to the planning and development director and he determines that the application is complete and a public hearing is required by this chapter, the director shall notify the village clerk who shall determine a date, time and location for such hearing, and shall schedule the hearing pursuant to the procedures and standards of this chapter.

(b)

Published notice. For any administrative procedure established in division 2 of this article requiring a public hearing, the village shall arrange for the publication of a public notice in a newspaper of general circulation in the village. The notice shall include the date, time and place of such hearing, a description of the proposal or variation request to be heard or considered, and the address or particular location of the subject property. The notice shall be published at least once, no more than 30 days, nor less than 15 days, prior to the public hearing.

(c)

Posted sign notice. In addition to the published notice provision required per subsection (b) of this section, the village shall post a sign on the subject property for all applications for special uses, zoning map amendments and variations, in accordance with the following provisions:

(1)

Location and time period for posted signs. The required posting period shall be seven consecutive days, immediately prior to the public hearing date, including the day of the hearing. The sign shall be posted at a prominent location near the sidewalk or public right-of-way so that it is visible in a manner convenient to passing pedestrians and motorists. The sign shall be setback a minimum of five feet from all property lines.

(2)

Content of posted signs. The sign to be posted on the subject property shall notify the public of the scheduled hearing time, date and location in, substantially, the following form:

"NOTICE, A HEARING CONCERNING THE REZONING, GRANTING OF A VARIATION, OR APPROVAL OF A SPECIAL USE FOR THIS PROPERTY IS SCHEDULED ON (DATE), AT (TIME) TO BE HELD AT (ADDRESS OF LOCATION). A COPY OF THIS APPLICATION CAN BE OBTAINED FROM THE VILLAGE CLERK'S OFFICE."

(d)

Public examination and copying of application and other documents permitted; costs. At any time following the giving of notice, as required in this article, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the Freedom of Information Act, all other documents on file pertaining to the application. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established, from time to time, by the village to cover the cost of such copies.

(e)

Conduct. Matters pertaining to the conduct of public hearings shall be governed by the provisions of this chapter and the rules and procedures promulgated by the board conducting the hearing. Public hearings conducted by the planning and zoning board of appeals shall be in accordance with section 56-69(d).

(Ord. of 5-1-2003, § 2.7)

(a)

Procedure established. The village has previously established the process for obtaining a building permit.

(b)

Applicability. No building or site improvement shall be initiated, for any purpose, until a building permit has been issued. A building permit shall not be issued until the following permits, certificates and approvals are obtained:

(1)

Zoning certificate.

(2)

Site plan approval, if applicable.

(3)

Special use approval, if applicable.

(4)

Planned development approval, if applicable.

(5)

Approval of a variation, if applicable.

(6)

Approval of a zoning map amendment, if applicable.

(c)

Commissioner's authority. The building commissioner shall be responsible for determining compliance with this chapter and all other applicable ordinances prior to issuance of a building permit.

(d)

Records; copies. A record of all building permits shall be kept on file in the building commissioner's office and copies shall be available, on request, to any person, for a fee specified by the village.

(Ord. of 5-1-2003, § 2.8)

(a)

Procedure established. The village has previously established the process for obtaining a certificate of occupancy.

(b)

Applicability. No land or building shall be occupied or used, in whole or in part, for any purpose, until a certificate of occupancy has been issued stating that the land and the building complies with all the building and health codes and ordinances, and with the provisions of this chapter. In addition, no change of use shall be made in a building, or part thereof, without issuance of a certificate of occupancy. A certificate of occupancy shall not be issued until the following permits, certificates and approvals are obtained:

(1)

Zoning certificate.

(2)

Building permit, if applicable.

(3)

Site plan approval, if applicable.

(4)

Special use approval, if applicable.

(5)

Planned development approval, if applicable.

(6)

Approval of a variation, if applicable.

(7)

Approval of a zoning map amendment, if applicable.

(c)

Commissioner's authority. The building commissioner shall be responsible for determining compliance with this chapter and all other applicable ordinances, prior to issuance of a certificate of occupancy. An application for a certificate of occupancy may be filed simultaneously with an application for a building permit. If the building commissioner finds that the erection or alteration of a building complies with all village ordinances, a certificate of occupancy shall be issued within ten days of its approval.

(d)

Records; copies. A record of all certificates of occupancy shall be kept on file in the office of the building commissioner and copies shall be available, on request, to any person, for a fee specified by the village.

(Ord. of 5-1-2003, § 2.9)

(a)

Procedure established. The village has previously established the process for obtaining a zoning certification. A zoning certification promotes compliance with this chapter by allowing the village to check for compliance upon a change of use, occupancy (nonresidential) or site or building improvement.

(b)

Applicability. No land or building shall be occupied or used, in whole or in part, for any purpose, until a zoning certification has been issued stating that the land and the building complies with the provisions of this chapter. In addition, no change of use shall be made in a building, or part thereof, or site improvement initiated without issuance of a zoning certification. A zoning certification must be obtained prior to the issuance of the following permits, certificates and approvals:

(1)

Building permit, if applicable.

(2)

Certificate of occupancy, if applicable.

(3)

Business commencement license, if applicable.

(4)

Establishment of a home occupation.

(c)

Director's authority. The planning and development director shall be responsible for determining compliance with this chapter prior to issuance of a zoning certification.

(d)

Records; copies. A record of all zoning certifications shall be kept on file in the office of the building commissioner and copies shall be available, on request, to any person, for a fee specified by the village.

(Ord. of 5-1-2003, § 2.10)

(a)

Established. No sign, except those identified as exempt in article XIII of this chapter, shall hereafter be erected, constructed, altered or relocated without first obtaining a sign permit from the building commissioner.

(b)

Commissioner's authority. The building commissioner shall be responsible for determining compliance with this chapter prior to issuance of a sign permit.

(c)

Applications. Applications for sign permits shall be filed in accordance with the requirements of section 56-92.

(d)

Procedures. Upon receipt of a complete application, the building commissioner shall examine the application and all material attached thereto to determine its compliance with this chapter, as well as any other applicable Village Code provision or ordinance. The building commissioner shall take formal action on the application within a reasonable timeframe after receiving the completed application. Applications for a sign permit in which electrical wiring and connections are to be used shall also be reviewed by the village electrical inspector and/or fire department.

(e)

Records; copies. A record of all sign permits shall be kept on file in the office of the building commissioner and copies shall be available, on request, to any person, for a fee specified by the village.

(Ord. of 5-1-2003, § 2.11)

(a)

Procedure established; purpose. The site plan review process is hereby created to promote orderly development and redevelopment in the village and to ensure such development or redevelopment occurs in a manner harmonious with surrounding properties, is consistent with the comprehensive plan, and promotes the general welfare of the village. This section provides standards by which to determine and control the physical layout and/or use of a lot or a parcel of land in order to achieve the following purposes:

(1)

Compatibility of land uses, buildings and structures.

(2)

Protection and enhancement of community property values.

(3)

Efficient use of land.

(4)

Minimization of traffic, safety hazards and overcrowding problems.

(5)

Minimization of environmental problems.

(b)

Parties entitled to request. Applications for site plan review may be filed by the owner of, or any person having a right of ownership in, any property in the village.

(c)

Applicability; exception. Site plan review shall be required for all permitted uses as a condition of obtaining a building permit, except for construction of single-family detached dwellings. A site plan shall not be approved, unless a zoning certification has been issued. The requirement shall be waived when the proposed development is subject to a special use, variation or planned development review.

(d)

Director's authority. Applications for site plan review shall be submitted to the building commissioner and forwarded for review to the planning and development director, who may seek advice from other village staff or boards. The planning and development director shall either approve, approve with conditions, or deny the site plan application within 30 days of receipt of a complete application.

(e)

Applications. Applications for site plan reviews shall be filed in accordance with the requirements of section 56-92 and plans shall be provided in accordance with Appendix C of this chapter.

(f)

Approval standards. In reviewing site plan review applications, the planning and development director shall base approval or denial on the following standards:

(1)

The arrangement of the structures on the site to:

a.

Allow for the effective use of the proposed development.

b.

Allow for the efficient use of land.

c.

Ensure compatibility with development on adjacent property.

d.

Respond to off-site utilities and service condition, thereby minimizing the demand for additional municipal services, utilities and infrastructure.

(2)

The arrangement of open space and landscape improvements on the site to:

a.

Create a desirable and functional environment for patrons, pedestrians and occupants.

b.

Preserve unique natural resources, where possible.

c.

Avoid impacting desirable natural resources on adjacent sites.

(3)

The organization of circulation systems to:

a.

Minimize potentially dangerous traffic movements.

b.

Provide adequate and safe access to the site.

c.

Separate pedestrian and auto circulation wherever practical.

d.

Minimize curb cuts.

(4)

The design of off-street parking lots or garages to:

a.

Minimize adverse impacts on adjacent properties.

b.

Promote logical and safe parking and internal circulation.

(5)

The design of landscape improvements and related features to:

a.

Create a logical transition to adjoining lots and developments.

b.

Screen incompatible uses.

c.

Minimize the visual impact of the development on adjacent sites and roadways.

d.

Utilize plant materials suitable to withstand the climatic conditions of the village and microclimate of the site.

e.

Promote and maintain the village standards for village appearance and development quality.

(6)

Site illumination in terms of its design, location and proposed installation in a manner that will minimize adverse impacts to adjacent properties.

(7)

Conformance of the proposed development to the requirements of this chapter and other applicable codes and ordinances.

(8)

The relationship of the site plan to adopted land use policies, and the goals and objectives of the comprehensive plan.

(g)

Records; copies. A record of all site plan review requests shall be kept on file by the building commissioner and copies shall be available, on request, to any person, for a fee specified by the village.

(Ord. of 5-1-2003, § 2.12; Ord. No. 23-032, § 7, 8-15-2023)

(a)

Procedure established; purpose. The village has previously established the process for amending the ordinance text or map. This process is intended to make adjustments to this chapter in response to changed conditions or changes in village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

(b)

Parties entitled to request. Applications for zoning text and map amendments may be filed by the:

(1)

Village board of trustees;

(2)

Planning and zoning board of appeals;

(3)

Owner of, or any person having a right of ownership in, any property to be affected by a proposed amendment to the zoning map; or

(4)

Any resident interested in a proposed amendment to the text of this chapter.

(c)

Board's authority. The village board of trustees, after receiving a recommendation by the planning and zoning board of appeals, shall take formal action on requests for zoning text or map amendments.

(d)

Applications. Applications for a zoning text or map amendment shall be filed in accordance with the requirements of section 56-92.

(e)

Procedures.

(1)

Acceptance of application by the village clerk. Upon receipt of a complete application, the village clerk shall distribute the application to the planning and development director and other village department heads for review. The village clerk shall schedule the application for an upcoming planning and zoning board of appeals agenda for consideration.

(2)

Recommendation by planning and zoning board of appeals.

a.

The planning and zoning board of appeals shall hold a public hearing on the application in accordance with the requirements of section 56-93. Public hearings shall be held within 60 days of the filing of the completed application. Notice for the public hearing shall be performed in the manner prescribed by section 56-93.

b.

Within 15 days of the close of the public hearing, the planning and zoning board of appeals shall forward its findings of fact and recommendation of either approval, approval with conditions, or denial in writing to the village board of trustees.

(3)

Action by village board of trustees. The village board of trustees shall consider the application within 45 days of receiving the findings of fact and recommendation from the planning and zoning board of appeals. The village board may take action in the form of denial, approval, or approval with conditions regarding zoning text amendments. The village board may take action in the form of a denial or approval regarding zoning map amendments.

(f)

Approval standards. Village board approval of any zoning amendment, whether text or map, is a matter of legislative discretion that is not controlled by any single standard. However, in making its decision, the village board shall consider the following factors:

(1)

The extent to which the proposed amendment is consistent with the goals, objectives and policies of the village's comprehensive plan.

(2)

The extent to which the proposed amendment is consistent with the purposes of this chapter.

(3)

The potential effect of the proposed amendment on the character of future development, if applied generally to other uses in the zoning district or within the village as a whole.

(4)

The extent to which the proposed amendment creates nonconformities.

(5)

If a specific parcel of property is the subject of the proposed amendment, then also the following factors:

a.

The existing uses and zoning classifications of properties in the vicinity of the subject property.

b.

The trend of development in the vicinity of the subject property, including changes if any, in such trend since the subject property was placed in its present zoning classification.

c.

The extent, if any, to which the value of the subject property is diminished by the existing zoning classification applicable to it.

d.

The extent, if any, to which any such diminution in value is offset by the need to protect the public health, safety, and welfare.

e.

The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.

f.

The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.

g.

The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment.

h.

The suitability of the subject property for uses permitted or permissible under its present zoning classification.

i.

The adequacy of public facilities and services to serve the subject property including, but not limited to, streets, utilities, parks, and police and fire service.

(g)

Records; copies. A record of all requests for zoning text and map amendments, including action taken by the village, shall be kept on file in the village clerk's office and copies shall be available, on request, to any person, for a fee specified by the village.

(Ord. of 5-1-2003, § 2.13)

(a)

Purpose. 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 affect.

(b)

Parties entitled to request. Applications for special uses may be filed by the owner of, or any person having a right of ownership in, any property in the village.

(c)

Board's authority. The village board, after receiving a recommendation by the planning and zoning board of appeals, shall take formal action on special use requests.

(d)

Applications. Applications for special use review shall be filed in accordance with the requirements of section 56-92.

(e)

Procedures.

(1)

Acceptance of application by the village clerk. Upon receipt of a completed application, the village clerk shall distribute the application to the planning and development director and other village department heads for review. The village clerk shall schedule the application for an upcoming planning and zoning board of appeals agenda for consideration.

(2)

Hearing held by planning and zoning board of appeals. The planning and zoning board of appeals shall hold a public hearing on the application in accordance with the requirements of section 56-93. Public hearings shall be held within 60 days of the filing of the completed application.

(3)

Notice. Notice for the public hearing shall be performed in the manner prescribed by section 56-93.

(4)

Findings of fact; recommendation. Within 15 days of the close of the public hearing, the planning and zoning board of appeals shall forward its findings of fact and recommendation of denial, approval, or approval with conditions, in writing, to the village board of trustees.

(5)

Action by village board of trustees. The village board of trustees shall consider the application within 45 days of receiving the findings of fact and recommendation from the planning and zoning board of appeals. The action taken by the village board may take the form of a denial, approval, or approval with conditions.

(f)

Approval standards. An application for a special use permit shall not be approved, unless the application is determined to be in conformance with each of the following standards, in addition to any standards specific to the use contained in article X of this chapter.

(1)

Authorized. The proposed use is in fact, a special use listed and authorized in the zoning district within which the property is located.

(2)

Code and plan purposes. The proposed use is consistent with and will be in harmony with the general and specific purposes for which this Code was enacted and for which the regulations of the district in question were established. Said use will further be consistent and compatible with the preservation of the village's business districts by limiting the uses therein to commercial retail stores, commercial establishments, service establishments and professional offices that generate sales tax revenues, and maintain the village's property tax base.

(3)

No interference with surrounding development. The proposed use is designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not significantly interfere with the use and development of neighboring property in accordance with the applicable district regulations.

(4)

Adequate public facilities. The proposed use is adequately served by essential public facilities and services such as streets, police and fire service, drainage, refuse disposal, water and sewer, parks, libraries, schools, and the like, or the persons or agencies responsible for the establishment of the proposed special use shall adequately provide any such services.

(5)

No adverse effect. The proposed use does not involve uses, activities, processes, materials, equipment, and conditions of operation that will have a substantial or undue adverse effect upon any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors, or other causes.

(6)

No traffic congestion. The proposed use provides vehicular access to the property designed so as not to cause undue traffic congestion nor draw significant amounts of traffic on surrounding public thoroughfares.

(7)

No destruction of significant features. The proposed use does not result in the destruction, loss, or damage of a natural, scenic, or historic feature of significant importance.

(8)

Code compliance. The proposed use complies with all additional regulations in this chapter specific to the special use requested.

(9)

Does not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

(10)

Complies with all additional regulations in this chapter specific to the special use requested.

(g)

Additional standards for planned developments. The village has previously established the process for review of planned developments. Planned development regulations allow for the development of innovative and environmentally-sensitive design by allowing a degree of flexibility in the strict application of the zoning district regulations.

(1)

A planned development is a special use which may be granted by the village board should it determine that the planned development is:

a.

In the village's best interest;

b.

Substantially consistent with the comprehensive plan; and

c.

Would not otherwise be permitted pursuant to this chapter.

(2)

The planning and zoning board of appeals may recommend, and the village board may require, any condition or design consideration that will promote the proper development of or benefit to the community. In exchange for the flexibility permitted under this section, the planned development should provide amenities not otherwise required, and establish facilities and open space greater than the minimum required by this chapter. It is not intended that the village board automatically grant the maximum use exceptions or density premiums in the case of each planned development. The planning and zoning board of appeals shall recommend, and the village board shall grant, only those premiums or latitudes that are consistent with the village character.

(3)

Because planned developments are of such substantially different character from other special uses, specific and additional standards and exceptions are set forth to govern the recommendations of the planning and zoning board of appeals and the action of the village board. These specific standards are contained in article X of this chapter.

(h)

Supplementary conditions and safeguards. The planning and zoning board of appeals may recommend, and the village board of trustees may provide, such conditions and restrictions upon the construction, location and operation of a special use, as may be deemed necessary to promote the general objectives of this chapter and to minimize any injury to the value of property in the neighborhood. Such conditions shall be expressly set forth in the ordinance granting the special use. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for the revocation of such special use approval, pursuant to section 56-104.

(i)

No presumption of approval. The listing of special uses within each zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each proposed special use shall be evaluated on an individual basis in order to determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. The following factors will be considered:

(1)

The relation of the special use to its compliance with the standards and conditions set forth in this section;

(2)

Any standards specific to the use as set forth in article X of this chapter; and

(3)

The standards for the district in which it is located, in order to determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.

(j)

Limitations.

(1)

Special use approval shall automatically become null and void, unless a building permit is issued and construction is actually begun within one year of issuance and is thereafter diligently pursued to completion. However, the village board may extend the one-year period to a mutually agreed upon time.

(2)

Special use approval authorizes the conduct of the special use only on the property represented in the application and is not transferable to other properties.

(3)

Any modification or intensification of a special use that alters the essential character or operation of the use in a way not intended at the time the special use was granted, as evidenced by the record or text of the ordinance, shall require a new special use approval.

(4)

The approval of a special use authorizes the property to be used in the manner proposed, but does not alone authorize the establishment or extension of any use, nor development, construction, reconstruction, alteration, or moving of any building or structure, without first obtaining any other required permit, including a zoning certificate, building permit and certificate of occupancy.

(5)

Special use approval authorizes the conduct of the special use by the applicant personally and shall not be transferable, including to tenants or lessees, except upon reapplication, hearing, and approval in the manner provided within this chapter. Notwithstanding, the planning and development director may administratively approve the transfer of a special use to a known and registered affiliate of the applicant without reapplication or hearing. As used here, an affiliate is defined as a person or entity that directly or indirectly controls, is controlled by, or is under common ownership with the applicant. In those limited circumstances, an applicant must make written application for the transfer and provide sufficient evidence of the affiliate's existence and registration as required by the planning and development director. Any unauthorized assignment of a special use shall result in revocation of the special use.

(k)

Records; copies. A record of all requests for special uses, including village action taken, shall be kept on file in the village clerk's office and copies shall be available, on request, to any person, for a fee specified by the village.

(Ord. of 5-1-2003, § 2.14; Ord. No. 11-027, §§ 4, 5, 8-16-2011; Ord. No. 23-032, § 8, 8-15-2023; Ord. No. 24-044, § 4, 12-17-2024)

(a)

Purpose. The village has previously established the process for review of variation requests. The process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this chapter that create practical difficulties or particular hardships. The village has established major and minor variations. Minor variations are those for setbacks, lot coverage, accessory structure regulations, fence (location and height) and lot width when the standard being varied are less than ten percent of the applicable standard and as allowed under section 56-101(k). Minor variations may be authorized by the planning and development director, or designee. Major variations are those variations that are not classified as minor. Variances to allow a use within a district that is not allowed as either a permitted or special use are prohibited. All major variations shall be processed as outlined below, while minor variations are subject to that outlined in section 56-101(k).

(b)

Parties entitled to request. Applications for variation may be filed by the owner of, or any person having a right of ownership in, any property in the village.

(c)

Board's authority; recommendation. The planning and zoning board of appeals shall review and make recommendations on variation requests.

(1)

The building committee may choose to accept the recommendation of the planning and zoning board of appeals and the petitioner can then apply for a building permit.

(2)

The building committee may refer the petitioner to the village board for review consideration.

(3)

The village board of trustees may, after receiving a planning and zoning board of appeals recommendation from the building committee of the village board, vote to consider the application. In this case, the village board of trustees shall take formal action on variations.

(d)

Applications. Applications for variations shall be filed in accordance with the requirements of section 56-92.

(e)

Procedures.

(1)

Acceptance of application by the village clerk. Upon receipt of a completed application, the village clerk shall distribute the application to the planning and development director and other village staff for review. The village clerk shall schedule the application for an upcoming planning and zoning board of appeals agenda for consideration.

(2)

Recommendation by planning and zoning board of appeals and review by the building committee.

a.

The planning and zoning board of appeals shall hold a public hearing on the application in accordance with the requirements of section 56-93. Public hearings shall be held within 60 days of the filing of the completed application.

b.

Notice for the public hearing shall be performed in the manner prescribed by section 56-93.

(3)

Within ten days of the close of the public hearing, the planning and zoning board of appeals shall forward its findings of fact and recommendation of denial, approval, or approval with conditions, in writing, to the building committee of the village board. The building committee shall review the recommendation of the planning and zoning board of appeals within ten days, and determine if the recommendation should be reviewed by the village board. After reviewing the findings of fact, if the building committee determines it necessary, they shall forward the recommendation of the planning and zoning board of appeals to the village board for consideration. Where the building committee determines consideration by the village board is unnecessary, the recommendation of the planning and zoning board of appeals shall be the final decision.

(4)

Action by village board of trustees. Upon receipt of the planning and zoning board's recommendation from the building committee, the village board of trustees may, by a majority vote at its next meeting, determine that the recommendation should be reviewed. Where the village board of trustees votes to review the recommendation, they shall make a final decision on the application for variations within 30 days of receiving the findings of fact and recommendation from the planning and zoning board of appeals. The action taken by the village board may take the form of a denial, approval, or approval with conditions.

(f)

Findings of fact. A variation from the terms of this chapter shall not be granted, unless the planning and zoning board of appeals, and where required, the village board makes specific written findings of fact directly based on the standards and conditions imposed by this section and any other conditions imposed.

(1)

Hardship. No variation shall be granted, unless the applicant shall establish that carrying out the strict letter of the provisions of this chapter would create a practical difficulty or particular hardship.

(2)

Unique physical condition. The subject property is exceptional, as compared to other properties subject to the same provisions, by reason of a unique physical condition, including the:

a.

Presence of an existing use, structure or sign, whether conforming or nonconforming;

b.

Irregular or substandard shape or size;

c.

Exceptional topographical features; or

d.

Other extraordinary physical conditions peculiar to, and inherent in, the subject property that amount to more than a mere inconvenience to the owner and that relate to, or arise out of, the property rather than the personal situation of the current owner of the property.

(3)

Not self-created. The aforesaid unique physical condition is not the result of any action or inaction of the owner, or his predecessors in title, and existed at the time of the enactment of the provisions from which a variation is sought, was created by natural forces, or was the result of governmental action, other than the adoption of this chapter.

(4)

Denied substantial rights. The carrying out of the strict letter of the provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other properties subject to the same provisions.

(5)

Not merely special privilege. The alleged hardship or difficulty is neither:

a.

Merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision; nor

b.

Merely the inability of the owner to make more money from the use of the subject property.

(6)

Ordinance and plan purposes. The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes for which this chapter, and the provision from which a variation is sought, were enacted or the general purpose and intent of the comprehensive plan.

(7)

No other remedy. There is no means, other than the requested variation, by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.

(8)

Minimum required. The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this chapter.

(g)

Variation less than requested. The planning and zoning board of appeals may grant variations less than or different from that requested, but not more than requested, when the record supports the applicant's right to some relief, but not to the entire relief requested.

(h)

Conditions. The planning and zoning board of appeals may impose specific conditions and limitations, concerning the use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this chapter, upon any lot benefitted by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject lot or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance or order granting the variation. The violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the variation.

(i)

Limitations.

(1)

An approved variation shall automatically become null and void, unless a building permit is issued and construction is actually begun within one year of issuance and is thereafter diligently pursued to completion. However, the village board may extend the one-year period to a mutually agreed upon time.

(2)

A variation only authorizes the conduct of the variation on the property represented in the application, and is not transferable to other properties.

(3)

A variation shall be deemed to authorize only the particular construction or development for which it was issued, but does not alone authorize the establishment or extension of any use, nor development, construction, reconstruction, alteration, or moving of any building or structure without first obtaining any other required permit, including a zoning certificate, building permit, and certificate of occupancy. The approved variation shall automatically expire and cease to be of any force or effect if such construction or development is beyond the scope so authorized.

(j)

Records; copies. A record of all requests for variations, including village action taken, shall be kept on file in the village clerk's office and copies shall be available, on request, to any person, for a fee specified by the village.

(k)

Minor variations. Consideration of minor variations shall be reviewed and processed as outlined below:

(1)

Minor variations from the regulations of this chapter may be authorized by the planning and development director, or designee, only in the following instances and in no other.

a.

If the variation to setbacks, lot coverage, accessory structure regulations, fences (location and height), and lot width deviates from the specified regulations by no more than ten percent of the applicable standard/regulation;

b.

If the setback of the proposed garage is less than five feet from the side lot line or beyond the required front yard setback; or

c.

If the setback of the proposed pool is less than five feet from the side lot line, but in no case shall be allowed in the front or corner side yard.

(2)

The Planning and Development Director shall refer to the finding of facts outlined in Section 56-101(f) when considering such minor variation request. The planning and development director shall not vary the provisions of this chapter as authorized in this section unless it can be shown by aerial photography or plot plans that such variation is compatible with the neighborhood. In addition, the planning and development director shall consider the following when permitting such variation:

a.

The proximity to permanent open space;

b.

Topography of the land;

c.

Proximity to adjacent structures;

d.

Impact on stormwater and potential for flooding; and

e.

And ability to screen, if deemed necessary.

(3)

An application for a minor variation shall be filed with the planning and development director. Such application shall include but not be limited to a plot plan, associated architectural drawings, if applicable, and any additional supporting information as required by the planning and development director.

(4)

Upon review of the application by the planning and development director, the applicant will be contacted to notify adjoining property owners of the requested minor variation. A copy of the application and details outlining the requested minor variation shall be sent by certified mail to all adjoining property owners. The applicant shall receive from each property owner signed verification of no objection to the request. Such verification shall be forwarded in writing to the planning and development director. The planning and development director shall issue a determination within no less than seven days and no greater than 14 days from receipt of the signed statement from adjoining property owners.

(5)

The planning and development director may impose conditions and restrictions on the variation request that may be necessary to comply with the regulations of this section to ensure the integrity of the variation is maintained and to reduce the impact such variation may have on other properties in the neighborhood.

(6)

The planning and development director shall provide written approval or denial of such variation, outlining the proposed application meets, or does not meet, the standards outlined in this Section.

(7)

If the planning and development director finds the proposed application does not meet the standards outlined in this Section, the application for a minor variation will be denied. The applicant may revise the plan or file an application for a major variation.

(8)

Building permits must be obtained within 12 months after the approval of a minor variation. Upon written request, and at the discretion of the planning and development director, an extension may be granted, for a period of no more than 12 additional months.

(Ord. of 5-1-2003, § 2.15; Ord. No. 23-032, § 9, 8-15-2023; Ord. No. 24-044, § 4, 12-17-2024)

(a)

Procedure established; purpose. The village has previously established the process for review of appeals to the decisions of the planning and development director, building commissioner or other authorized officials to provide appropriate checks and balances on administrative authority, including minor variations.

(b)

Parties entitled to request. Applications for appeals may be filed by the owner of, or any person having a right of ownership in, any property in the village that is directly affected by an administrative decision made under this chapter by the planning and development director, building commissioner or other authorized official.

(c)

Board's authority. The planning and zoning board of appeals shall hear and make final decisions on applications for appeals of administrative decisions made by the planning and development director, building commissioner or other authorized official.

(d)

Appealable decisions. The decisions of the planning and development director, building commissioner, or other authorized village official that can be appealed are the completeness of the application, certificate of occupancy, building permit and zoning certificate. Other duties, decisions and actions of the planning and development director and building commissioner, which are not established by this chapter, cannot be appealed under the process established in this section.

(e)

Applications. Applications for an administrative appeal shall be filed in accordance with the requirements of section 56-92. Submission materials shall be forwarded to the planning and zoning board of appeals for review.

(f)

Decisions. The planning and zoning board of appeals shall hear an appeal at its next available, regularly scheduled meeting. The planning and zoning board of appeals may affirm, wholly or partly, or may modify the administrative decision.

(g)

Limitations. An application for the appeal of a decision by any authorized village official cannot be filed later than 30 days after the decision being appealed has been rendered.

(h)

Records; copies. A record of all requests for appeals, including village action taken, shall be kept on file in the village clerk's office and copies shall be available, on request, to any person, for a fee specified by the village.

(Ord. of 5-1-2003, § 2.16; Ord. No. 23-032, § 10, 8-15-2023)

(a)

Procedure established; purpose. The village hereby establishes a process for rendering zoning interpretations. The interpretation authority established by this article is intended to recognize that the provisions of this chapter, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may have to be applied. Many such situations can be readily addressed by an interpretation of the specific provisions of this chapter in light of the general and specific provisions for which those provisions have been enacted. The interpretation authority established herein is not intended to add or change the essential content of this chapter, but is intended only to allow authoritative application of that content to specific cases.

(b)

Parties entitled to request. Applications for zoning interpretations may be filed by the owner of, or any person having a right of ownership in, any property in the village, that gives rise to a need for an interpretation. In addition, the village board, planning and development director, building commissioner, or other village official may request that the planning and zoning board of appeals render a zoning interpretation.

(c)

Board's authority. The planning and zoning board of appeals shall hear and take formal action on requests for zoning interpretations.

(d)

Applications. Applications for interpretations shall be filed in accordance with the requirements of section 56-92. Submission materials shall be forwarded to the planning and zoning board of appeals.

(e)

Decisions. The planning and zoning board of appeals shall hear a request for a zoning interpretation at its next available, regularly scheduled meeting.

(f)

Records; copies. A record of all zoning interpretations shall be kept on file in the office of the village clerk and copies shall be available, on request, to any person, for a fee specified by the village.

(Ord. of 5-1-2003, § 2.17)

(a)

Commissioner's authority; aided by village attorney and police; owner liable for expenses. This chapter shall be enforced by the building commissioner, or his designee. The building commissioner, or his designee, may secure the village attorney's assistance to seek an injunction, abatement or other appropriate actions to enjoin, abate or stop any violation of this chapter and, at times, the aid of the police department may be sought to enforce this chapter. The property owner charged with the violation may be held responsible for any legal expenses incurred by the village.

(b)

Penalty. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of, the provisions of this chapter, upon conviction, shall be fined no more than $750.00 for each offense. Each day that a violation continues shall constitute a separate offense for the purposes of the penalties and remedies available to the village. The accumulation of penalties for violations, but not the obligation for payment for violations already committed, shall cease upon correction of the violation.

Table Zoning Procedures and Administration Table

NOTE:

¹ Where determined necessary by the building committee of the village board, PZBA recommendations on variations may be forwarded to the village board for review. The village board may then determine by a majority vote to consider the application and render a final decision. If not forwarded by the building committee, or where review is not determined, necessary by a majority vote of the village board, the recommendation of the PZBA shall be the final decision.

(Ord. of 5-1-2003, § 2.18; Ord. No. 23-032, § 11, 8-15-2023)