The building commissioner shall enforce this chapter, and in addition thereto, and in furtherance of such authority shall:

(1)

Determine conformance of applications with regulations of this chapter.

(2)

Issue all certificates of occupancy, and make and maintain records thereof.

(3)

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

(4)

Maintain permanent and current records of the administration and enforcement of this chapter.

(5)

Provide such technical assistance as may be required by the village clerk, board of appeals, zoning commission and plan commission in the exercise of their duties.

(Code 1985, § 38-13(1); Ord. of 5-13-1986, § 38-13)

(a)

Required. No building or structure shall be erected, reconstructed, enlarged, or moved until a building permit shall have been applied for in writing and issued, as provided in the building code of the village.

(b)

Conformance of plans to chapter requirements. Before such a permit is issued for the erection, moving, alteration, enlargement, or occupancy of any building, or structure or use of premises, the building commissioner shall ascertain that the plans and intended use indicate conformity in all respects to the provisions of this chapter.

(c)

Minimum requirements. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, morals and welfare.

(Code 1985, § 38-13(2); Ord. of 5-13-1986, § 38-13)

(a)

Authority. The zoning board of appeals shall hear and decide appeals from an administrative order, requirement, decision, or determination make by the building commissioner or other authorized official of the village having jurisdiction under this chapter.

(b)

Initiation.

(1)

An appeal may be taken to the zoning board of appeals by any person, firm or corporation, or by any office, department, board, bureau, or commission aggrieved by an administrative order, requirement, decision, or determination under this chapter by the building commissioner or other authorized official of the village having jurisdiction under this chapter.

(2)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the zoning board of appeals, after the notice of appeal has been filed that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In this event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals on due cause shown.

(c)

Processing.

(1)

An appeal shall be filed with the village clerk. The village clerk shall forward the appeal to the zoning board of appeals for processing in accordance with applicable Illinois Revised Statutes. The officer from whom the appeal is taken shall forthwith transmit to the zoning board of appeals all the papers constituting the record upon which the appeal is taken.

(2)

The zoning board of appeals shall fix a reasonable time for the hearing of the appeal and shall give due notice thereof to parties and shall decide the appeal within a reasonable time. The zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement or decision or determination as in its opinion ought to be made on the premises and to that end has all the powers of the official from whom the appeal is taken.

(Code 1985, § 38-13(5); Ord. of 5-13-1986, § 38-13)

(a)

Filing fees.

(1)

Appeal. Any appeal from a decision of the building commissioner filed by, or on behalf of, any person, firm or corporation aggrieved by such decision shall be accompanied by a fee in the amount of $25.00.

(2)

Application. Any application for a variation or special use permit filed by, or on behalf of, the owner or owners of the property affected shall be accompanied by a fee in the amount of $50.00, except in the case of an application for a special use for a planned development which in such case shall be accompanied by a fee of $200.00. There shall be no such fee, however, in the case of an application for a variation or special use permit filed by the village or other duly constituted public bodies, federal, state or local.

(3)

Amendment. Any application for an amendment filed by, or on behalf of, any owner or of property shall be accompanied by a fee in the amount of $150.00. There shall be no such fee, however, in the case of an application for an amendment filed by the village or other duly constituted public bodies, federal, state, or local. Where an application for an amendment also is accompanied by an application for a special use planned development only one fee in the amount of $200.00 shall be charged.

(b)

Fees, charges incurred by village. The applicant, if an owner of or a person interested in specific affected property, shall pay to the village clerk, in addition to the foregoing fees, stenographic fees, engineering fees, planning consultant fees, attorneys' fees, publication charges, and recording charges, if any, that may be incurred by the village with respect to a variation, special use, special use planned development, and amendment, and shall pay, in addition to the foregoing fees, stenographic fees if any incurred by the village in the case of an appeal.

(c)

Payment; time limit. All fees payable pursuant to this section shall be paid to the village clerk at the time of filing of application and all additional payments shall be paid within ten days after invoice submitted to applicant by the village clerk. All such fees and additional payments collected shall be credited to the general corporate fund of the village.

(Code 1985, § 38-13(9); Ord. of 5-13-1986, § 38-13)

(a)

Established; membership. There is hereby established a zoning board of appeals/plan commission, which shall consist of seven members appointed by the president and confirmed by the village board. The first seven members appointed shall serve terms of one year, two years, three years, four years, five years, six years, and seven years, respectively. Thereafter, appointments shall be for five year terms and when vacancies occur, for the unexpired terms only.

(b)

Appointments; vacancies. All appointments to the zoning board of appeals/plan commission shall be made by the president subject to the approval of the board of trustees. One of the members so appointed shall be named by the president as chairman at the time of this appointment. The president, subject to the approval of the board of trustees, shall have the power to remove any member of the zoning board of appeals/plan commission for cause and after a public hearing. Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. In the event that the office of chairman is vacated for any reason, the president, subject to approval of the board of trustees, shall immediately appoint one of the remaining members on the board as the new chairman. The members of the board shall elect an acting chairman who shall serve in the absence of the chairman.

(c)

Meetings; minutes. All meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, or repeal thereof, and every order, requirement, decision, or determination of the board shall immediately be filed in the office of the village clerk and shall be of public record.

(d)

Public hearing; vote. The zoning board of appeals/plan commission shall decide matters as authorized by this chapter after a public hearing. A concurring vote of a majority of members shall be necessary on any matter upon which it is authorized to decide or to recommend by this chapter.

(e)

Decisions and findings. All decisions and findings of the board on appeals or upon application for a variation after a hearing shall, in all instances be reported to the board of trustees.

(Code 1985, § 38-13(3)a; Ord. of 5-13-1986, § 38-13)

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

(1)

To hear, decide, and review appeals from any order, requirement, decision, or determination made by the building commissioner or other authorized officials of the village having jurisdiction under this chapter.

(2)

To hear and decide upon applications for variations from the terms provided in this chapter in the manner prescribed by, and subject to, the standards established herein.

(3)

To hear and to decide all matters referred to it or upon which it is required to pass under this chapter or as prescribed by statute.

(Code 1985, § 38-13(3)b; Ord. of 5-13-1986, § 38-13)

The zoning board of appeals/plan commission shall have the additional following duties:

(1)

To receive from the village clerk, copies of applications for proposed amendments and special uses and thereafter shall review the application and shall submit reports and recommendations to the board of trustees.

(2)

To initiate, direct, and review, from time to time, studies of the provisions of this chapter, and to make reports of its recommendations relative to proposed amendments to the board of trustees.

(3)

To initiate, review and make recommendations to the board of trustees regarding amendments to the official comprehensive plan and the official map.

(4)

To act on all other matters which are referred to it, as required by the provisions of this chapter.

(Code 1985, § 38-13(3)c; Ord. of 5-13-1986, § 38-13)

Whenever in this chapter a finding or recommendation of the plan commission shall be required, such recommendation shall mean only a consideration by the commission after a hearing. Such recommendation, however, is purely advisory and an unfavorable vote by the plan commission or the failure to make a favorable finding shall not prevent the board of trustees from granting the relief, zoning amendment, special use or other request of an applicant or taking other action within the jurisdiction of the board of trustees.

(Code 1985, § 38-13(3)d; Ord. of 5-13-1986, § 38-13)

Wherever in this Code, whether in this chapter or elsewhere, there is a reference to the "plan commission" or to the "zoning board of appeals" or to the "board of appeals" said reference shall be deemed to be to the "zoning board of appeals/plan commission," effective May 13, 1986.

(Code 1985, § 38-13(3)e; Ord. of 5-13-1986, § 38-13)

(a)

Materials which must be submitted to the village clerk.

(1)

A formal written request clearly stating the petitioner's request.

(2)

When requests involve rezoning or variances, proof of ownership or contract agreement to purchase pursuant to rezoning or variance approval is needed.

(3)

Thirteen copies of a scaled preliminary plan, including an exact location is respect to major streets. Copies distributed as indicated by subsection (c) of this section.

(b)

Public hearing; notice. The village clerk will make arrangements with the respective commission chairman for a date for the public hearing and will publish notice of such in the local newspapers.

(c)

Distribution of materials. The village clerk will distribute the above materials into the respective commission member's mailboxes at the village hall within ten days prior to the date of the scheduled public hearing.

(d)

Petitioner to be in attendance at hearing. At the public hearing the petitioner or his legal representative shall be in attendance to present the request and respond to questions from the commission members. It is possible there may also be questions from the audience. Failure to appear will result in the petitioner having to reapply and pay the filing fees again, unless the building department, by no later than 1:00 p.m. on the Friday before the hearing, receives notice of the petitioner's inability to attend the scheduled hearing and petitioner requests to reschedule the hearing.

(e)

# Commission members; village engineer, village attorney, village building commissioner, village clerk, village trustee who serves as liaison with commissions, village president.

(f)

Written findings of fact. At the conclusion of the hearing, written findings of fact shall be made.

(Code 1985, § 38-15; Ord. No. 11-23, § 1, 5-11-2011)

The zoning board of appeals, only after a public hearing before the zoning board of appeals shall decide variations of the provisions of this chapter in harmony with its general purpose and intent, and shall very them only in the specific instances hereinafter set forth. The zoning board of appeals must make a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.

(Code 1985, § 38-13(6)a; Ord. of 5-13-1986, § 38-13)

An application for a variation shall be filed in writing with the village clerk and may be made by any government office, department, board, bureau, or commission or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possessory interest applicable to the land or land and improvements described in the application for a variation.

(Code 1985, § 38-13(6)b; Ord. of 5-13-1986, § 38-13)

The village clerk shall forward such application to the zoning board of appeals for processing in accordance with applicable statutes of the state. Notice of the time and place of the public hearing shall be given at least once not more than 30, nor less than 15 days before the hearing by publishing a notice thereof in one or more newspapers published in the village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the village. Notice of the time and place of such public hearing shall also be posted on the bulletin board in the village hall not less than 15 days before the hearing.

(Code 1985, § 38-13(6)c; Ord. of 5-13-1986, § 38-13)

(a)

For any property which is being petitioned to be rezoned or to be granted a variance or special use, the petitioner shall be required to post a sign on the property in a prominent location prior to the hearing. The sign shall be provided by the village and shall notify the public of the scheduled hearing time, date and location in substantially the following form:

"NOTICE, A HEARING CONCERNING THE REZONING OR THE GRANTING OF A VARIANCE FOR THIS PROPERTY IS SCHEDULED ON ________, 19___, AT 7:30 P.M. AT 21460 LINCOLN HWY., LYNWOOD, ILLINOIS. A COPY OF SAID PETITION CAN BE OBTAINED FROM THE VILLAGE CLERK'S OFFICE"

(b)

In the case of an improved residential lot, a prominent location shall be defined as the front yard (or optionally in the side yard if it is a corner lot with an improved street along the front and side of the property) near the sidewalk or public right-of-way and to be so located so that it can be seen by automobile traffic and pedestrians in the most convenient manner.

(c)

If the property is vacant and/or unimproved, the sign shall be placed in such location near the closest right-of-way as to allow the most visibility to any automobile traffic and pedestrians.

(d)

Any petitioner so required to post a sign under this provision shall acknowledge receiving a copy of these requirements at the time the petition is accepted by the village. It is the petitioner's responsibility to obtain the sign from the village and to verify the correct hearing date, time and place with the village. Further, it is the petitioner's responsibility to erect the sign and maintain it during the required period. The petitioner shall verify to the planning and zoning board of appeals at the time of the hearing that this sign posting requirement has been complied with and the planning and zoning board of appeals, by motion, may waive defects in said compliance.

(e)

The posting period shall be for seven consecutive days immediately prior to the hearing, including the day of the hearing.

(f)

The petitioner shall deposit with the village a sign deposit in the amount of $25.00 which shall be returned to the petitioner at the time the sign is returned and which shall be forfeited if the sign is lost or damaged.

(g)

The sign posting notice is in addition to any village ordinances or statutes and is not a substitute for any such required notices.

(Code 1985, § 38-13(6); Ord. of 5-13-1986, § 38-13)

(a)

The zoning board of appeals shall not grant a variation of the regulations of this chapter unless it shall make findings based upon evidence presented to it in each specific case that compliance has been had with the following conditions:

(1)

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

(2)

That the plight of the owner is due to unique circumstances.

(3)

That the variation, if granted, will not alter the essential character of the locality.

(4)

That because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if a strict letter of regulations were carried out.

(5)

That the conditions upon which the petition for variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.

(6)

That the alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property.

(7)

That 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.

(8)

That 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.

(b)

The zoning board of appeals may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this article, to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this chapter.

(Code 1985, § 38-13(6)d; Ord. of 5-13-1986, § 38-13)

Variations from the regulations of this chapter shall be granted by the zoning board of appeals only in accordance with the standards established in section 114-87. Variations may be granted only in the following instances and in no others:

(1)

To permit any yard or setback less than the yard or setback required by the applicable regulations, but by not more than 25 percent.

(2)

To permit the use of a lot for a use otherwise prohibited solely because of insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot be less than 90 percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this chapter.

(3)

To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week.

(4)

To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20 percent of the applicable regulations, whichever number is greater.

(5)

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

(6)

To increase by not more than ten percent the maximum gross floor area of any use so limited by the applicable regulations.

(7)

To exceed any of the authorized variations allowed under this article, when a lot of record or a zoning lot, vacant or legally used on the effective date of the ordinance from which this chapter is derived, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more or the regulations of the district in which said lot of record or zoning lot or structure is located.

(Code 1985, § 38-13(6)e; Ord. of 5-13-1986, § 38-13)

No amendment of this chapter shall be made without a hearing before a commission or committee designated by the village board. At least 15 days' notice of the time and place of such hearing shall be published in a paper of general circulation within the village. In case of written protest against any proposed amendment, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered as to such regulations or district, filed with the village clerk, such amendment shall not be passed except by the favorable vote of two-thirds of all of the members of the village board.

(Code 1985, § 38-13(7)a; Ord. of 5-13-1986, § 38-13)

Amendments may be proposed by the board of trustees, plan commission, zoning board of appeals, or by any resident of or owner of property in the village or any resident or owner of real estate outside the territorial limits of the village proposing to annex real estate to the village. Any resident of or owner of property seeking an amendment, other than a variation, shall obtain and furnish to the village a natural resource information report from the Will-South Cook Soil and Water Conservation District, relative to the subject property.

(Code 1985, § 38-13(7)b; Ord. of 5-13-1986, § 38-13)

An application for an amendment shall be filed with the village clerk, who shall arrange for the zoning commission to hold a public hearing and to submit to the board of trustees a report of its findings and recommendations. Notice of the time and place of such public hearing shall be given at least once not more than 30 nor less than 15 days before the hearing by publishing a notice thereof in one or more newspapers published in the village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the village.

(Code 1985, § 38-13(7)c; Ord. of 5-13-1986, § 38-13)

(a)

The board of trustees, upon report of the zoning commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable statutes of the state, or may refer it back to the zoning commission for further consideration.

(b)

In case of a written protest against any proposed amendment of the regulations of districts signed and acknowledged by owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds of all members of the board of trustees then holding office.

(Code 1985, § 38-13(7)d; Ord. of 5-13-1986, § 38-13)

If the applicant, or his successor, does not begin work on the property for which the zoning amendment is granted within 12 months from the adoption of the ordinance from which this chapter is derived by the board of trustees, the subject property shall automatically revert to the district zoning classification prior to the amendment. Upon written application filed prior to the termination of the 12-month time limit, the board of trustees may authorize an extension for further period of six months.

(Code 1985, § 38-13(7)e; Ord. of 5-13-1986, § 38-13)