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

   A.   The zoning administrator;

   B.   The zoning board of appeals;

   C.   The plan commission; and

   D.   The president and board of trustees. (Ord. 08-17-11-O1, 8-17-2011)

The zoning administrator shall be that person charged by the village manager to enforce this title and, in addition, to perform the following duties:

   A.   Issue all zoning certificates and occupancy certificates and make and maintain records thereof;

   B.   Direct inspections of buildings, structures and uses of land to determine compliance with the terms of this title;

   C.   Maintain permanent and current records of this title including, but not limited to, all maps, amendments, special uses, variations, appeals and applications therefor, and nonconforming uses, and records of all hearings on any of the aforementioned;

   D.   Receive, file and forward for action all appeals and applications for appeals, variations, amendments, and special uses;

   E.   Initiate, direct and review from time to time a study of the provisions of this title and submit a written report and recommendation to the zoning board of appeals/plan commission or corporate authorities; and

   F.   Provide such clerical and technical assistance as may be required by the zoning board of appeals/plan commission in the exercise of its duties. (1965 Code title 6 § 601.1)

   A.   Established; Appointment; Terms: There is hereby established a zoning board of appeals. The zoning board of appeals shall consist of seven (7) members appointed by the president with the advice and consent of the board of trustees. The terms of the zoning board of appeals members shall be five (5) years after the first appointments. However, first appointments shall be as follows: one person for one year; one person for two (2) years; one person for three (3) years; one person for four (4) years; one person for five (5) years; one person for six (6) years; one person for seven (7) years. One of the members shall be named chair by the president at the time of his/her appointment.

   B.   Removals; Vacancies: The president shall have the power to remove any member for cause after a public hearing. Vacancies shall be filled for the unexpired term of any member whose place has become vacant. In the event that the office of chair is vacated for any reason, the president shall appoint either one of the remaining members or any member who is appointed to fill such vacancy as the new chair.

   C.   Meetings And Records:

      1.   All meetings of the Zoning Board of Appeals shall be held at the call of the Chair and at such other times as a majority of the Zoning Board of Appeals may determine.

      2.   All testimony by witnesses at any hearing provided for in this title shall be given under oath. The Chair, or in his absence the acting Chair, may administer oaths and compel the attendance of witnesses.

      3.   All meetings of the Zoning Board of Appeals shall be open to the public.

      4.   No hearing shall be conducted without a quorum of the Zoning Board of Appeals being present, which shall consist of a majority of all the members. Any absent member who certifies that he has read the transcript of the proceedings before the Zoning Board of Appeals may vote upon any question before the Zoning Board of Appeals.

      5.   The Zoning Board of Appeals 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.

      6.   Every rule, regulation, amendment, repeal, order, requirement or determination of the Zoning Board of Appeals shall immediately be filed in the Office of the Zoning Board of Appeals and shall be a public record.

      7.   The Zoning Board of Appeals shall decide matters as authorized by this title. A concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary on any matter upon which it is authorized to decide by this title.

   D.   Jurisdiction And Authority: The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:

      1.   To establish a time for and conduct public hearings on and make written findings of fact and recommendations to the Village Board concerning applications for: a) variations; b) special use permits.

      2.   To decide appeals from any final order, requirement, decision or determination made by the Zoning Administrator.

      3.   To hear, decide and consider all other matters referred to it by the Village Board or upon which it is required to act pursuant to the provisions of this title, or as prescribed by the applicable provisions of this Code or the Illinois Compiled Statutes. (Ord. 08-17-11-O1, 8-17-2011)

   E.   Compensation: Beginning March 1, 2025, the Chair of the Zoning Board of Appeals shall be paid annually six thousand six hundred dollars ($6,600.00), and all other members shall be paid annually five thousand four hundred dollars ($5,400.00). (Ord. 12-09-15-O5, 12-9-2015; amd. Ord. 02-18-25-O7, 2-18-2025)

   A.   Established; Appointment; Terms: There is hereby established a Plan Commission. Said Plan Commission shall consist of seven (7) members appointed by the President with the advice and consent of the Board of Trustees. The terms of the Plan Commission members shall be one year. One of the members shall be named Chair at the time of his/her appointment.

   B.   Removals; Vacancies: The President shall have the power to remove any member for cause after a public hearing. Vacancies shall be filled for the unexpired term of any member whose place has become vacant. In the event that the Office of Chair is vacated for any reason, the President shall appoint either one of the remaining members or any member who is appointed to fill such vacancy as the new Chair.

   C.   Meetings And Records:

      1.   All meetings of the Plan Commission shall be held at the call of the Chair and at such other times as a majority of the Plan Commission may determine.

      2.   All testimony by witnesses at any hearing provided for in this title shall be given under oath. The Chair, or in his absence the acting Chair, may administer oaths and compel the attendance of witnesses.

      3.   All meetings of the Plan Commission shall be open to the public.

      4.   No hearing shall be conducted without a quorum of the Plan Commission being present, which shall consist of a majority of all the members. Any absent member who certifies that he has read the transcript of the proceedings before the Plan Commission may vote upon any question before the Plan Commission.

      5.   The Plan Commission 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.

      6.   Every rule, regulation, amendment, repeal, order, requirement or determination of the Plan Commission shall immediately be filed in the Office of the Plan Commission and shall be a public record.

      7.   The Plan Commission shall decide matters as authorized by this title. A concurring vote of four (4) members of the Plan Commission shall be necessary on any matter upon which it is authorized to decide by this title.

   D.   Jurisdiction And Authority: The Plan Commission is hereby vested with the following jurisdiction and authority:

      1.   To establish a time for and conduct public hearings on and make written findings of fact and recommendations to the Village Board concerning applications for amendments to the zoning district map or text of this title.

      2.   To review the recommendations of the Zoning Administrator as to the effectiveness of this title and report its conclusions and recommendations to the Village Board.

      3.   To review the zoning district map for accuracy at least annually so that the zoning district map may be updated and published in the manner required by the Illinois Compiled Statutes.

      4.   To review the comprehensive plan at least annually and to recommend any changes to the Village Board after a public hearing in compliance with the Illinois Compiled Statutes.

      5.   To hear, decide and consider all other matters referred to it by the Village Board or upon which it is required to act pursuant to the provisions of this title, or as prescribed by the applicable provisions of this Code or the Illinois Compiled Statutes. (Ord. 08-17-11-O1, 8-17-2011)

   E.   Compensation: Beginning January 1, 2016, the Chair of the Plan Commission shall be paid annually three thousand dollars ($3,000.00), and all other Commissioners shall be paid annually two thousand one hundred dollars ($2,100.00). (Ord. 12-09-15-O5, 12-9-2015)

The Village Board of Trustees is the elected legislative authority of the Village and has reserved unto itself the final authority on variations, special uses, and amendments to be exercised pursuant to its legislative discretion. (1965 Code title 6 § 601.3; amd. Ord. 08-17-11-O1, 8-17-2011)

   A.   Zoning Certificates: No permit, as required by the Building Code of the Village, shall be issued for the construction of a building, structure or land improvement or an alteration or enlargement of an existing building, structure, or land improvement, and the uses thereof, until the Zoning Administrator certifies that the application for a permit, with accompanying plans and specifications, conforms with the regulations of this title. Any permit issued in conflict with the provisions of this title shall be null and void. (1965 Code title 6 § 601.4)

   B.   Occupancy Certificates 1 :

      1.   Certificate Required:

         a.   No land shall be occupied or used and no building or structure hereinafter erected, altered or enlarged shall be occupied or used in whole or in part for any purpose until an occupancy certificate has been issued by the Zoning Administrator.

         b.   No change of use shall be made in any building, structure or land improvement, or part thereof, now or hereafter erected or constructed unless an occupancy certificate has been issued by the zoning administrator.

      2.   Conditions Of Issuance: An occupancy certificate shall be issued only after the zoning administrator has inspected the land, building or structure and finds: (1965 Code title 6 § 601.5)

         a.   It to be in compliance with all applicable regulations of the village, including, but not limited to, this title and the village building code, fire code and property maintenance code; and (1965 Code title 6 § 601.5; amd. 2009 Code)

         b.   That the use is a permanent use or a special use in the zoning district where such land, building or structure is located. If the use is a special use, a special use permit shall have properly been granted prior to issuance of an occupancy permit. (1965 Code title 6 § 601.5)

   C.   Temporary Occupancy Certificate: The zoning administrator may issue one temporary occupancy certificate for a period of six (6) months with one extension of not more than three (3) months if it is for the occupancy of a portion of land, building or structure that has been completed and conforms with subsection B2 of this section and the remaining portion of the land, building or structure or improvement is in the process of completion. (1965 Code title 6 § 601.6)

   A.   Authority: The board of trustees, after a hearing by the zoning board of appeals/plan commission, may determine and vary the regulations of this title in harmony with their general purpose and intent in specific cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title. Provided, however, that no variation shall be granted authorizing the use of land, buildings or structures which is not a permitted use or a special use in the district in which said land, buildings or structures are located. (1965 Code title 6 § 602.1)

   B.   Application For Variation; Fee: An application for a variation shall be filed with the zoning administrator along with an application fee as provided in section 13-3-8 of this chapter. The application shall contain the following information: (1965 Code title 6 § 602.2; amd. 2009 Code)

      1.   The name, address and phone number of the applicant, the owner of the property, if different, and the applicant's attorney or representative, if any;

      2.   The legal description, common address and permanent index number of the property;

      3.   The specific provisions of this title from which the variation is sought;

      4.   A description of the proposed structure or use including a dimensioned site plan or plat; and

      5.   A brief summary of the factual evidence upon which the applicant will rely to show that the standards for a variation are met. (1965 Code title 6 § 602.2)

   C.   Hearing And Standards: The zoning administrator shall forward the application to the zoning board of appeals/plan commission to conduct a public hearing. In determining whether there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title, the zoning board of appeals/plan commission and village board shall take into consideration the extent to which the following facts are established:

      1.   That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out;

      2.   That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning district;

      3.   That the variation is not solely and exclusively for the purpose of enhancing the value of the property;

      4.   That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

      5.   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; and

      6.   That the proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. (1965 Code title 6 § 602.3)

   D.   Conditions Of Approval: The zoning board of appeals/plan commission may recommend and the village board of trustees may impose such conditions and restrictions upon the property benefited by a variation as they deem necessary to assure compliance with other regulations of this title or to reduce or minimize the effect of the variation upon other property in the neighborhood or to implement the general purpose and intent of this title. (1965 Code title 6 § 602.4)

   E.   Findings Of Fact, Recommendations And Approval: Within a reasonable time after the public hearing, the zoning board of appeals/plan commission shall report its findings of fact and recommendations to the board of trustees in writing. Upon receipt of the findings of fact and recommendations, the board of trustees, by ordinance, without further public hearing, may adopt any proposed variation or may refer it back to the zoning board of appeals/plan commission for further consideration. Provided, that any proposed variation which fails to receive a positive recommendation from the zoning board of appeals/plan commission shall be passed only by a vote of two-thirds (2/3) of the trustees of the village. Every ordinance granting a variation shall contain a statement of findings specifying the reason or reasons for making the variation. (1965 Code title 6 § 602.5)

   F.   Expiration Of Variation: No variation shall be valid for a period longer than one hundred eighty (180) days from the date it was granted, unless a building permit or certificate of occupancy is obtained within such period. The village board may grant one extension of this period, valid for no more than an additional one hundred eighty (180) days, upon written application and good cause shown, without notice or hearing. (1965 Code title 6 § 602.6)

   A.   Purpose; Use Categories: The development and execution of this title is based upon the division of the village into zoning districts, within any one of which the use of land and use of buildings are essentially uniform. However, certain uses, because of their unique character, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring lands and upon the public need for the particular use at the particular location. Such uses fall into two (2) categories:

      1.   Uses operated by a public agency or publicly regulated utilities or uses traditionally affected with a public interest; and

      2.   Uses entirely private in character but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

   B.   Authority: Special uses shall be authorized by the board of trustees after a hearing before the zoning board of appeals/plan commission in accordance with the Illinois statutes and standards set forth in this title for special uses. (1965 Code title 6 § 602.7)

   C.   Application For Special Use: An application for a special use shall be filed with the zoning administrator along with an application fee as provided in section 13-3-8 of this chapter. Said application shall contain the following information: (1965 Code title 6 § 602.7; amd. 2009 Code)

      1.   The name, address and phone number of the applicant, the owner of the property, if different, and the applicant's attorney or representative, if any;

      2.   The legal description, common address and permanent index number of the property;

      3.   A description of the existing use of the property;

      4.   The zoning district in which the property is located;

      5.   Description of the proposed special use;

      6.   An architectural sketch, and either a dimensioned site plan or plat showing the location of all buildings, parking areas, traffic access and circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards; and

      7.   A brief summary of the factual evidence upon which the applicant will rely to show that the standards for a special use are met.

   D.   Hearing And Standards: The zoning administrator shall forward the application to the zoning board of appeals/plan commission to conduct a public hearing. In deciding whether or not to recommend granting the special use to the village board, the zoning board of appeals/plan commission shall take into consideration the extent to which the proposed use:

      1.   Will be harmonious with and in accordance with the general objectives of the comprehensive plan and this title;

      2.   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;

      3.   Will not change the essential character of the general vicinity;

      4.   Will not be hazardous or disturbing to existing or future neighborhood uses; and

      5.   Will not cause substantial injury to the value of other property in the neighborhood in which it is located.

   E.   Conditions Of Approval: The zoning board of appeals/plan commission may recommend and the village board may impose such conditions and restrictions upon the property benefited by the special use as they deem necessary to assure compliance with other provisions of this title, or to reduce or minimize the effect of such special use upon other property in the neighborhood, or to implement the general purpose and intent of this title. Said conditions or restrictions may include variations from the bulk requirements of this title.

   F.   Findings Of Fact, Recommendations And Approval: Within a reasonable time after the public hearing, the zoning board of appeals/plan commission shall report its findings of fact and recommendations to the board of trustees in writing. Upon receipt of the findings of fact and recommendations, the board of trustees, by ordinance, without further public hearing, may authorize or deny an application for a special use in accordance with Illinois statutes or it may refer the application back to the zoning board of appeals/plan commission for further consideration.

   G.   Specific Special Use Permits:

      1.   Group Homes: Review and approval of a special use permit for a group home need not take into consideration the standards in subsection D of this section. Said review and approval shall be based principally on whether the structure and facilities sought to be used for a group home are physically adequate for the number of proposed residents and their particular disability(ies) and whether the structure or facility meets subsection D2 of this section.

      2.   Facilities Operating Under 415 Illinois Compiled Statutes 5/22.38, "Facilities Accepting Exclusively General Construction Or Demolition Debris For Transfer, Storage Or Treatment":

         a.   In addition to the requirements of this section, including that of the submission of a site plan, applicants seeking a special use permit to operate a facility under 415 Illinois Compiled Statutes 5/22.38 shall submit a plan of operations demonstrating traffic flow and the manner in which the debris shall be received and accepted, processed, stored and made ready for transport to end markets.

         b.   The village may permit a facility with a boundary less than one thousand three hundred twenty feet (1,320') from the nearest property zoned for primarily residential use.

         c.   All special use permits granted hereunder shall be conditioned upon compliance with the requirements of 415 Illinois Compiled Statutes 5/22.38, as now existing or hereafter amended, and all administrative regulations promulgated thereunder. All special use permits granted hereunder shall also be conditioned upon compliance with all performance standards of the I-1 district, unless modified as a condition of the special use permit. (1965 Code title 6 § 602.7)

   A.   Authority: The regulations imposed and the districts created under this title may be amended from time to time by ordinance in accordance with applicable Illinois statutes. An amendment shall be granted or denied by the board of trustees only after public hearing before the zoning board of appeals/plan commission and report of its findings and recommendations has been submitted to the board of trustees. (1965 Code title 6 § 603.1)

   B.   Application For Amendment: An application for amendment shall be filed with the zoning administrator along with an application fee as provided in section 13-3-8 of this chapter. Said application shall contain the following information: (1965 Code title 6 § 603.2; amd. 2009 Code)

      1.   The name, address and phone number of the applicant, the owner of the property, if different, and the applicant's attorney or representative, if any.

      2.   The legal description, common address(es) and permanent index number(s) of the property.

      3.   A description of the existing use of the property.

      4.   The zoning district in which the property is located.

      5.   The proposed use of the subject property.

      6.   The land uses and zoning districts of all properties abutting or across a street or alley from the subject property.

      7.   The proposed zoning of the subject property.

      8.   If the proposed amendment is a "text amendment" rather than "map amendment", the application need only include subsection B1 of this section and the proposed language of the text amendment. (1965 Code title 6 § 603.2)

   C.   Hearing: The zoning administrator shall forward the application to the zoning board of appeals/plan commission to conduct a public hearing. (1965 Code title 6 § 603.3)

   D.   Conditions Of Approval: The zoning board of appeals/plan commission may recommend, and the village board may impose, such conditions and restrictions upon the property benefited by a map amendment as they deem necessary to assure compliance with other provisions of this title or to reduce or minimize the effect of such map amendment upon other property in the neighborhood or to implement the general purpose and intent of this title. Said conditions or restrictions may include approval of a special site plan including variations from the bulk requirements of this title. (1965 Code title 6 § 603.4)

   E.   Findings Of Fact, Recommendations And Approval:

      1.   The zoning board of appeals/plan commission shall make the following findings of fact, where applicable, in relation to all applications under this section for a map amendment (rezoning):

         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 plan designation or zoning classification.

         c.   The extent to which the value of the subject property is diminished by the existing comprehensive plan designation or zoning classification.

         d.   The extent to which such diminution in value is offset by an increase in 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 future orderly development and redevelopment 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 comprehensive plan designation or zoning classification.

         i.   The availability of adequate ingress and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.

         j.   Availability of adequate public utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present comprehensive plan designation or zoning classification.

         k.   Length of time that the subject property has been vacant or underutilized, in consideration of the contest of the pace of development and redevelopment in the vicinity of the subject property and the community's need for the proposed map amendment and for the uses and development that it would allow.

      2.   In considering any application for a text amendment to this title, it is not necessary for the zoning board of appeals/plan commission to make any specific findings of fact, but the zoning board of appeals/plan commission should be guided by the principle that such amendments are reserved to the sole legislative discretion of the board of trustees, which discretion may not be exercised in an arbitrary manner, but in accordance with the purposes of this title set forth in section 13-1-2 of this title and in accordance with the land use policies and objectives set forth in this title.

      3.   Within a reasonable time after the public hearing, the zoning board of appeals/plan commission shall report its findings of fact, if applicable, and recommendations to the board of trustees in writing. Upon receipt of the findings of fact, if applicable, and recommendations, the board of trustees, by ordinance, without further public hearing, may adopt any proposed amendment or may refer it back to the zoning board of appeals/plan commission for further consideration.

      4.   In the event a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) 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 (2/3) of the trustees then holding office. In such cases, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. (1965 Code title 6 § 603.5)

   A.   Authority: An appeal from a final order, requirement, decision or determination to issue, not to issue, revoke, rescind or extend a permit or certificate requiring compliance with the provisions of this title may be taken to the zoning board of appeals/plan commission by any person aggrieved by any officer or department of the village. Such an appeal shall be taken within forty five (45) days of the decision complained of by filing a notice of appeal specifying the grounds thereof and an appeal fee, as provided in section 13-3-8 of this chapter, with the zoning administrator. The zoning administrator shall transmit all papers constituting the record of the decision to the zoning board of appeals/plan commission. (1965 Code title 6 § 601.7; amd. 2009 Code)

   B.   Actions Stayed: An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the zoning board of appeals/plan commission, after notice of the appeal has been filed with the zoning administrator, that by reason of a fact stated in the zoning administrator's statement, to deny a stay would, in the zoning administrator's opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed unless determined otherwise by the zoning board of appeals/plan commission or as ordered by a court of competent jurisdiction for due cause shown. (1965 Code title 6 § 601.7)

   C.   Hearing And Decision: The zoning board of appeals/plan commission shall fix a reasonable time for the hearing of an appeal and give at least ten (10) days' notice to all parties interested in the appeal. The notice shall be by publication in a newspaper of general circulation within the village and also by mailing notice thereof to the parties in interest. In addition, any party may appear in person or by agent. The zoning board of appeals/plan commission shall reach its decision within a reasonable period of time after the conclusion of the hearing. The zoning board of appeals/plan commission may affirm or may reverse wholly or in part or modify the order, requirement, decision or determination and, to that end, shall have all the powers of the officer from whom the appeal was taken. The decision of the zoning board of appeals/plan commission may be appealed by either the building and planning director (or village manager) or the petitioning party to the village board. Said appeal shall be on the record only. Judicial review of the decision of the village board on appeal shall be in accordance with the administrative review law of the Illinois Compiled Statutes 1 . (1965 Code title 6 § 601.7; amd. 2009 Code)

   A.   Published Notice: No public hearing before the zoning board of appeals/plan commission on any application for a variation, special use or amendment shall be held unless notice of the time and place of the hearing is published at least once not more than thirty (30) nor less than fifteen (15) days before the beginning of the hearing in one or more newspapers published within the village or if no newspaper is published within the village, then in one or more newspaper with a general circulation within the village which is published in Cook County. (1965 Code title 6 § 604.1)

   B.   Radius Of Notices: Each application for a variation, special use or amendment shall include a list of all property owners of all property within two hundred fifty feet (250') of the parcel, exclusive of road rights of way. The list of property owners shall be obtained either by the record from the county recorder of deeds or from the tax records maintained by the county clerk. (1965 Code title 6 § 604.2)

   C.   Timetable: The zoning administrator shall cause notice of the public hearing to be published as required herein. The applicant shall mail notice to the property owners on the required list at least ten (10) days prior to the public hearing by first class mail and submit an affidavit to the zoning administrator stating that the required mailing has been done. (1965 Code title 6 § 604.3)

   D.   Requirements For C-R Zoning District: Notice of a public meeting for site plan approval in a C-R district shall be by publication only. The zoning administrator, at his discretion, may require mailing and posting notice. (1965 Code title 6 § 604.4)

   A.   Fee Schedule: The following zoning fee schedule is adopted. All fees are cumulative.

 

 

(1965 Code title 6 § 101.7; amd. 2009 Code)

   B.   Determination Of Fee Amount; Fee Nonrefundable: An applicant shall pay the appropriate application fee for each of the requests as set out in subsection A of this section. By way of example, a project involving a variance, special use and site plan review request would require a total application fee of one thousand five hundred dollars ($1,500.00). All fees are nonrefundable.

   C.   Additional Costs: In addition to the payment of the foregoing fees, the applicant or owner of the subject property shall reimburse the village or pay directly to the village consultants, as determined by the village, all expenses, costs and fees incurred by the village in its sole judgment in connection with the consideration and review of applications for variation, special use, planned unit development, zoning amendment, site plan review or appeal. Such costs shall include, but not be limited to, stenographic fees; engineering review fees; traffic engineer fees; financial consultants, planning consultants, landscape consultants and other consulting fees; attorney fees; public hearing and publication charges and recording charges.

   D.   Time For Payment: Such charges shall be paid within seven (7) days after an invoice is submitted to the applicant, owner or appellant by the village staff, but in no event shall the village zoning board of appeals/plan commission or board of trustees take any final action or render any final decision on any application or appeal prior to payment of all invoiced items. These fees and charges shall be paid notwithstanding an adverse decision to the applicant by the zoning board of appeals/plan commission or board of trustees; the abandonment of the proceedings by the applicant; or the denial of the request of an applicant in whole or in part by the zoning board of appeals/plan commission or board of trustees.

   E.   Deposit May Be Required: In addition to the foregoing, the village may require a deposit for such services and subsequent increases at its discretion at any time during the pendency of such proceedings. Failure to pay such deposit shall hold such proceedings in abeyance, with such proceedings terminating upon a failure to pay, within forty five (45) days of notice to pay, such deposit or increased deposit. (1965 Code title 6 § 101.7)

Any person violating the terms and conditions of this title shall be subject to a penalty not exceeding seven hundred fifty dollars ($750.00) with each and every day that a violation of this title is allowed to remain in effect being deemed a complete and separate offense. In addition, the appropriate authorities of the village may take such other action as they deem proper to enforce the terms and conditions of this title including, without limitation, an action in equity to compel compliance with its terms. In addition, any person who refuses a request by the zoning administrator to abate a perceived violation of a performance standard set forth in this title will be subject, in addition to the foregoing penalties, to pay the costs of any professional testing required to prove a violation of the performance standard. (1965 Code title 6 § 605.0)