(1)

Creation. The zoning office is hereby created and, under the direction of a planning and zoning manager, shall have the responsibility of administering and enforcing the provisions of this ordinance.

(2)

Powers and duties. The planning and zoning manager shall enforce the provisions of this ordinance and in addition thereto and furtherance of such authority shall:

(a)

Examine and approve any application pertaining to the use of land, buildings or structures to determine if the application conforms with the provisions of the ordinance.

(b)

Issue all zoning certificates, and keep permanent records thereof.

(c)

Issue all certificates of zoning compliance and keep permanent records thereof.

(d)

Conduct such inspections of buildings, structures and uses of land as are necessary to determine compliance with the terms of this ordinance.

(e)

Receive, file and process for action all applications for appeals, variations, special uses and amendments to this ordinance which are filed in the zoning office.

(f)

Initiate, direct and review, from time to time, a study of the provisions of this ordinance, and make reports of his recommendations to the board of trustees not less frequently than once a year.

(g)

Revoke certificates of zoning compliance where provisions of this ordinance are being violated.

(h)

Issue certificates of zoning compliance for nonconforming uses existing at the time of passage of this ordinance or any amendment thereto upon request.

(i)

Maintain permanent and current records of this chapter, including all maps, amendments, special uses and variations.

(j)

Provide and maintain public information relative to all matters arising of this ordinance.

(3)

Remedies cumulative. All remedies provided for herein shall be cumulative and not exclusive.

(1)

Jurisdiction. The planning and zoning commission is hereby vested with the following jurisdiction and authority, and it shall be its duty:

(a)

To hold public hearings on requests for amendments to this chapter, to make findings and recommendations thereon, and to forward the same to the president and board of trustees of the village.

(b)

To hear and decide appeals from any order, requirement, decision or determination made by the planning and zoning official in the administration or enforcement of this chapter;

(c)

To hear and decide appeals from any order, requirement, decision or determination made by an administrative official in the administration and enforcement of any other ordinances of the village upon which the planning and zoning commission is required to pass;

(d)

To hear applications for variations from the regulations and restrictions contained in this chapter and submit its recommendations thereon to the president and board of trustees of the village;

(e)

To hear all applications for special uses and submit its recommendations thereon to the president and board of trustees of the village,

(f)

To hear all applications for zoning map amendments and submit its recommendations thereon to the president and board of trustees of the village; and

(g)

To hear and decide, or make recommendations on, such other matters as may from time to time be committed to its jurisdiction by other ordinances of the village.

(2)

Composition of the planning and zoning commission. A planning and zoning commission is hereby authorized to be established. The commission shall consist of a chairman and six members and the said commission shall be appointed by the village president with the consent of the board of trustees of the village.

(a)

Membership. The commission shall be composed of seven members appointed by the village president with the consent of the Machesney Park Village Board. All members of the commission shall be residents of the village, and no members shall hold an elective office in any government.

(b)

Attendance. Commission members shall advise the designated staff member or the commission chairperson of an anticipated absence from any regularly scheduled commission meeting. Any member failing to attend three consecutive regular meetings, or three of any seven regular meetings, shall be reviewed by the village president. An excused leave of absence may be granted by the village president.

(c)

Conflict of interest.

(i)

General standard. No commissioner shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed to the commission shall find that his/her private or personal interests are involved in any matter coming before the commission, he/she shall disqualify himself from taking part in any discussion or action on the matter; alternatively, they may be disqualified by a two-thirds majority vote of the commissioners in attendance.

(ii)

Conflict due to economic interests. A commissioner has a conflict of interest if, in his or her discharge of official duties, would be required to take an action or make a decision that would affect the commissioner's financial interests. In the event a conflict of interest exists with respect to a particular matter before the commission, the commissioner shall disqualify him/herself from taking part in any discussion or action on the matter.

(d)

Ex parte contacts. Ex parte contacts are contacts between individuals seeking to influence the decisions of the commission and individual commission members outside the meeting forum. Such contacts include meetings with project proponents, residents, property owners, and citizens separate from commission meetings, communication between commission members outside the meeting forum, telephone calls, letters, or electronic means which attempt to influence a commissioner's opinion on a matter, which will be subject to the commissioner's vote. When the commission is involved in a matter, which is to be heard and decided by the commission, commissioners shall indicate to the person contacting them that such contact is inappropriate and all testimony needs to be offered at the hearing to ensure a fair hearing for all parties. In all other cases, commissioners should discourage such contacts and should avoid expressing any opinion as to the merits of the case. When ex parte contacts occur, the commissioner is responsible for notifying the planning and zoning official, and for conveying the substance of the communication at the next commission meeting at which the matter discussed is under consideration.

(e)

Terms of office. When first appointed, commission members shall serve for terms of one to seven years to expire in September. One member shall serve for one year; one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years. The successor to each member so appointed and members reappointed shall serve for a term of five years.

(f)

Vacancy of office. A vacancy occurring on the commission shall be filled by an appointment of the village president with the approval of the village board for the unexpired term. Notice of the vacancy of a term of office shall be posted at village hall and published on the village web site prior to the expiration of a term of office. The notice shall advise that a term is expiring and will request qualified persons interested in serving on the commission to submit a committee resume to village hall. The notice will include the qualifications for the position and a brief description of the duties of the commission.

(3)

Officers. The commission shall annually elect three officers from among its own members during its annual commission meeting. The three officials of the commission shall consist of a chairperson, a vice chairperson, and a secretary. The sequence of election shall be the chairperson, vice chairperson, and secretary. Each officer shall serve one year terms. Terms of office of the chairperson, vice chairperson, and secretary shall not be held for more than two consecutive terms by one member of the commission. In addition, the planning and zoning official, or his/her designee, shall act as the recording secretary for the commission.

(a)

Chairperson. The chairperson shall preside at all meetings of the commission, shall have general authority and responsibility in the administration of the rules and regulations, and shall be consistent with powers reserved to the commission. Powers include signature for documents, recommendations and resolutions of the commission, the call for special meetings in accordance with these bylaws, and appointments of advisory committees, subject to commission confirmation.

(i)

Duties of the chairperson. The chairperson shall preside at all meetings of the commission and shall sign official documents of the commission when authorized and directed by the commission. The chairperson shall appoint such committee and subcommittees as may be necessary to carry out the purpose of the commission and shall be an ex-officio member of all committees and subcommittees with voice but no vote.

(b)

Vice-chairperson. The vice-chairperson shall exercise the functions of the chairperson in the chairperson's absence or incapacity. The vice-chairperson shall also serve as chairperson in the event the office of chairperson becomes vacant due to resignation, removal, incapacity or any other similar circumstances.

(i)

Duties of the vice chairperson. The vice-chairperson, in the absence or disability of the chairperson, shall perform all the duties and exercise all the powers of the chairperson.

(c)

Secretary. The secretary shall see that records are maintained by administrative staff and call roll at commission meetings.

(i)

Duties of the secretary. The secretary shall be responsible for calling roll at commission meetings and considering and approving minutes of previous meetings. Record keeping for the commission will be conducted by administrative staff.

(4)

Meetings. All meetings of the commission shall be conducted in accordance with the State of Illinois Open Meetings Law [5 ILCS 120/1 et seq.], except as otherwise provided by ordinance. A member of the public shall not be required as a condition of attendance at any meeting to register his name, to supply information, to complete a questionnaire, or fulfill any other condition precedent to his attendance, except that a person seeking recognition may be required to give his name and affiliation.

(a)

Annual meetings. The annual meeting of the commission shall be held at the regular meeting of the month of October of each year. At the annual meeting, the members shall elect their officers for the following year and shall conduct the regular business of the commission.

(b)

Regular meetings. The commission shall regularly meet on the fourth Monday of each month at 6:00 p.m., or at another time determined by the commission members. If a meeting falls on a legal holiday, the meeting shall be held the next day. A regular meeting may be canceled or rescheduled by the commission at a prior meeting or otherwise following reasonable notice to its members and the public.

(c)

Special meetings. Special meetings may be called by the chairman by giving notice thereof to the planning and zoning official. The planning and zoning official, on behalf of the chairman, shall notify each member of the time and place of the special meeting at least two days prior to the meeting and notify the newspaper, radio or television station requesting such notice. The notice shall specify the business to be transacted, and no other business shall be considered at a special meeting.

(i)

The village administrator is hereby authorized to make such additional charges to the applicant as may be necessary to cover the cost of sending and publishing a notice in the event the filing fees authorized to be collected hereinafter are sufficient to cover costs, as well as the costs of the said hearings.

(d)

Recessed meetings. The commission may recess any regular, special or recessed regular or special meeting to a place and time specified in an order of recess. A copy of the order of recess shall be conspicuously posted on or near the door of the place where the meeting or recessed meeting was held. Only the matters appearing on the agenda may be acted upon in a meeting recessed to another location.

(e)

Executive sessions. The commission may hold executive sessions, not open to public, only in accordance with Illinois Compiled Statutes [5 ILCS 120/2a].

(5)

General procedures.

(a)

Quorum. Four members of the commission, including the chairperson, shall constitute a quorum. No action shall be taken in the absence of a quorum, except to adjourn the meeting to a subsequent date or time. In instances where only four members are present, a concurring vote of four members is necessary to pass a motion. If three members of a quorum of four vote "aye" and one member votes "nay" the motion fails. If three members of a quorum of four vote "aye" and one member "abstains," the abstention goes with the majority and the motion passes.

(b)

Voting. Each member of the commission, including the chairperson, shall be entitled to one vote. Voting shall be by voice. Members of the commission shall cast all votes in person. An affirmative vote on an action will consist of the majority of the members present at the meeting. The chairperson or any absent member who certifies that he/she has listened to the recording or watched the video of the commission proceedings may vote on any item before the commission. The absent member has two days from the date of the commission meeting at which the item was heard to inform the planning and zoning official in writing of said member's intention to vote. The vote of the absent member must be received by the planning and zoning official within four days after the recording of the proceedings becomes available.

(c)

Abstention. Any member of the commission shall abstain from voting on any matter of issue when that member has a personal or financial interest in that matter or issue. The member shall disclose his interest immediately after the matter is introduced for hearing and shall be disqualified from voting and from participation in any discussion upon the matter, and the secretary shall so record in the minutes the action taken by the member.

(d)

Absenteeism. The commission shall notify the village board when any member misses three consecutive, regularly-scheduled meetings or three of seven regularly scheduled meetings. Absenteeism as defined in this section is pursuant to action by the village board as outlined in chapter II, section 2 of these bylaws.

(e)

Rules of procedure. All meetings of the commission shall be conducted generally in accordance with "Robert's Rule of Order," as amended, except where variance makes for more efficient flow of business, and by these bylaws.

(f)

Proceedings. At any regular meeting of the commission, the following shall be the regular order of business:

(i)

Call to order.

(ii)

Roll call and declaration of quorum.

(iii)

Consideration and approval of minutes of previous meetings.

(iv)

Communications.

(v)

Call of cases on agenda and hearing of requests for continuances.

a.

Continuances. Continuances may be granted at the discretion of the commission in any case for good cause shown by the applicant.

b.

Failure of applicant to appear.

i.

The chairperson may entertain a motion from the commission to table the case for lack of testimony. In the absence of a motion from the commission, the chairperson shall rule to proceed with the case.

ii.

For cases which are tabled for lack of testimony, the applicant will be furnished notice by the planning and zoning official within three working days.

(vi)

Other business.

(vii)

Public comment.

(viii)

Adjournment.

(6)

Procedures for public hearing. The public hearing is held for the purpose of obtaining information and comments. The commission shall consider the information and comments presented during the public hearing, prior to the submission of recommendations to the village board.

(a)

Notice of public hearing. For applications that statutorily require published notification in a newspaper of general circulation, such notice of the time and place of hearing shall be given by published notice in a newspaper of general circulation not less than 15 and no more than 30 days before the date of such hearing, in the case of amending these bylaws, or as otherwise prescribed in present regulations.

(b)

Appearance at public hearing. Any interested individual or group will be provided an opportunity to participate in the public hearing. Appearance will be granted in the following order:

(i)

Those individuals or groups who wish to speak for the proposal set for public hearing,

(ii)

Those individuals or groups who wish to speak against the proposal set for public hearing.

(iii)

Those individuals or groups who wish only to comment and not speak for or against the proposal.

(c)

Written comments for public hearing. Any individual or group will be provided an opportunity to submit written comments to the commission within the required public notice period for the public hearing. Written comments may be presented publicly and shall automatically be incorporated into the public hearing record.

(d)

Proceedings for public hearing. All applications to the planning and zoning commission shall be heard as follows at a public hearing:

(i)

All parties providing testimony are sworn in by the chairperson or attorney.

(ii)

All comments should be addressed to the subject of the hearing through the chairperson and not directed to any other individuals.

(iii)

The applicant and/or his/her representative may make an initial statement outlining the nature of the request prior to introducing evidence.

(iv)

Items for consideration shall be presented in the following order:

a.

Chairperson introduces hearing item.

b.

Chairperson asks village staff to provide a report and explain the nature of the item before the commission.

c.

Applicant presents evidence including evidence of any witnesses.

d.

Commission members ask questions of the applicant and witnesses.

e.

Objectors present evidence including evidence of any witnesses.

f.

Commission members ask questions of objectors and witnesses.

g.

Where applicable, cross-examinations may be allowed.

h.

Rebuttal by applicant.

i.

Rebuttal by objectors.

j.

Evidence by commission, if any. The chairperson may wish to hear from village staff or attorney again for additional comments or clarification.

k.

Chairperson entertains a motion.

l.

Commission deliberates on the matter. Discussion may occur and the findings of facts shall be recorded on cases of variance and special use permit.

m.

Roll call vote is taken.

(e)

Decisions/recommendations. Final decisions or recommendations shall be made by the commission following the hearing, and in no event shall the final recommendation be made later than 45 days after the close of the hearing.

(i)

A concurring vote of four members of the commission shall be necessary to reverse any order, requirement, decision, or determination of village staff, or to recommend any variation or modification in the item.

(ii)

All deliberations of the commission shall be conducted. and all of its decisions shall be made at a meeting that is open to the public.

(iii)

All decisions of the commission shall be made by motion and seconded, and by the chairperson polling the membership by a roll call vote. The motion, which decided the issues, shall be in the form of findings of fact and shall state the reasons for the findings by the commission. If conditions are imposed in recommending the granting of a variance or special use, such conditions shall be included in the motion.

(1)

Scope of appeal. An appeal may be taken to the planning and zoning commission by any person, firm, corporation or office, department, board or bureau affected by a decision of the planning and zoning manager. Such appeals shall be taken within such time as shall be prescribed by the planning and zoning commission by general rules adopted by it, and shall be taken by filing with the planning and zoning manager a notice of appeal, specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the planning and zoning commission. The planning and zoning manager shall forthwith transmit to the planning and zoning commission all of the papers constituting the record upon which the action appealed was taken.

(2)

Hearing of appeals. The planning and zoning commission shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the person appealing and to the office from whom the appeal is taken. It shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney to testify.

(a)

The concurring vote of four members of the planning and zoning commission shall be necessary to reverse any order, requirement, decision or determination of the planning and zoning manager. (Ord 68-87)

(3)

Stay of proceedings. The appeal shall stay all proceedings and furtherance of the action appealed from, unless the planning and zoning manager certifies to the planning and zoning commission, after notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such a case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the planning and zoning commission or by court of record on application, with notice to the officer from whom the appeal is taken, and all due causes shown.

(1)

Purpose. The formulation and enactment of this chapter is based on the division of the entire village into districts in each of which are permitted specified uses that are compatible. In addition to such permitted, compatible uses; however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but, because of their potential influence upon neighboring uses, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as "special uses."

(2)

Application and fee.

(a)

Data to be furnished. Application for a special use permit shall be made to the planning and zoning manager on a form prescribed by the planning and zoning commission with the following data:

1.

Name and address of the applicant.

2.

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located.

3.

Address and description of the property.

4.

Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a special use permit, prescribed in subsection (3) of this section.

5.

Name and address of all adjacent property owners from the latest adopted tax rolls.

(b)

Maps. The application shall be accompanied by the following plans and drawings:

1.

An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.

2.

An accurate scale drawing of the site showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

3.

The planning and zoning manager may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the planning and zoning commission to determine whether the proposed use will comply with each of the applicable provisions of this chapter.

(c)

Fee. The application shall be accompanied by a fee as follows to cover the cost of processing the application as described in this article:

Zoning lot of less than two acres in area .....$100.00

Zoning lot of not less than two nor more than five acres in area .....$175.00

Zoning lot of more than five acres in area .....$175.00

(Plus $10.00 for each acre or part thereof in excess of five acres, with a total maximum of $300.00)

In the event that the applicant for a special use is for a use which is already in existence or for renewal of a special use whose conditional time limit has expired, the fee shall be double the amount of the fee set forth above to cover the cost of additional inspections and the costs of processing the application. (Ord. No. 51-85; Ord. No. 52-89)

(3)

Public hearing.

(a)

Notice. The planning and zoning commission shall hold at least one public hearing on each applicant for a special use permit within 45 days of the date when the application was filed and found to be complete by the planning and zoning manager. Notice of such hearing shall be published at least once not more than 30 nor less than 15 days prior to the hearing in one or more newspapers of general circulation in the village and by posting on or adjacent to the property which is the subject of the application. Failure to post notice shall not invalidate the proceedings. Notice shall also be sent via certified mailing to adjacent property owners within the time frame described above.

(1)

All special use permits requiring planning commission review must receive a recommendation from planning commission before being heard by the planning and zoning commission, unless otherwise authorized by the planning and zoning commission. (Ord. No. 39-94)

(b)

Procedure. At the public hearing the planning and zoning commission shall review the application and the drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with regard to the findings prescribed in paragraph (3)(d) below.

(c)

Review. The planning and zoning manager shall submit a review to the planning and zoning commission on the special use variation at the time of public hearing. (Ord. No. 5-85)

(d)

Findings of fact. Within 45 days after the close of the public hearing on a proposed special use, the planning and zoning commission shall make written findings of fact and shall submit same together with its recommendation to the village board. For the planning and zoning commission to make an affirmative recommendation on any special use permit, it must consider the following items: (Ord. No. 112-88)

1.

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

2.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood;

3.

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

4.

Adequate utilities, access roads, drainage and/or necessary facilities have been, are being or will be provided;

5.

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

6.

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

(e)

The planning and zoning commission may recommend and the village board may require such conditions or restrictions upon the construction, location and operation of a special use as deemed necessary for the protection of the adjacent properties. These conditions may include the expiration of the special use permit after a specified period of time and off-street parking and loading requirements in accordance with the provisions of the ordinance.

(f)

If the planning and zoning commission fails to act within 45 days of the public hearing, the special use shall be deemed approved by the planning and zoning commission. The planning and zoning manager shall forward the planning and zoning commission decision and records to the village board within ten days after action or within 55 days from the date of public hearing if no action has been taken by the planning and zoning commission.

(g)

The concurring vote of four members of the planning and zoning commission shall be necessary to recommend the application for a special use permit to the village board. (Ord. No. 68-87)

(4)

Action of village board. The village board may affirm, reverse or modify a decision of the planning and zoning commission, provided that if a decision denying a special use permit is reversed or a decision granting a use permit is modified, the village board, on the basis of the record transmitted by the planning and zoning manager and such additional evidence as may be submitted, shall make the findings prerequisite to the granting of a special use permit prescribed in subsection (3) of this section. A special use permit shall become effective immediately after it is granted by ordinance of the village board. (Ord. No. 86-83; Ord. No. 112-88)

(5)

Lapse of special use permit.

(a)

A special use permit shall lapse and shall become void one year following the date on which the special use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the special use permit application, or a certificate of occupancy is issued for the structure which was the subject of the special use permit application or the site was occupied if no building permit or certificate of occupancy is required.

(b)

A special use permit may be renewed for an additional period of one year, provided that prior to the expiration of one year from the date when the special use permit originally became effective, an application for renewal of the special use permit is filed with the planning and zoning commission.

(c)

The planning and zoning commission may grant or deny an application for renewal of a special use permit.

(d)

Subsections (2)(a), (b) and (3) of this section shall apply to an application for renewal of a special use permit. (Ord. No. 117-88)

(6)

Existing special use. A use established by a special use permit issued by the county prior to the enactment of this ordinance shall be deemed nonconforming; however, it shall be permitted to continue, provided that the use is operated and conducted in accord with the conditions prescribed in the special use permit as granted, if any. Any alterations, expansion or restoration shall be thereafter governed by the provisions of this chapter.

(7)

Revocation. Upon violation of any applicable provision of this chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a special use permit shall be suspended automatically. The planning and zoning commission shall hold a public hearing within 45 days, in accord with the procedure prescribed in subsection (3)(a) of this section, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the special use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Within five days following the date of a decision of the planning and zoning commission revoking a special use permit, the planning and zoning manager shall transmit to the village board written notice of the decision. The decision shall become final ten days following the date on which the special use permit was revoked or on the day following the next meeting of the village board whichever is later, unless an appeal has been taken to the village board or unless the village board shall elect to review the decision of the planning and zoning commission, in which cases subsections (4) to (6) of this section shall apply.

(8)

Effect or denial of a special use permit. No application for a special use permit which has been denied only or partly by the village board shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence not known to the applicant at the time of hearing on the first application, or as proof of changed conditions.

(9)

Special use permit to run with the land. A special use permit granted pursuant to the provisions of this article shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the special use permit application.

(10)

This section was deleted in its entirety by Ord. No. 48-09, 1-4-2010.

(11)

Renewal of a special use permit subject to a time limit. In the event a time limit is placed on a special use permit, the property owner may have the right to apply for an extension of said special use permit by filing an application which, in all other respects, complies with all of the provisions of the original special use permit and all of the provisions set forth in this section. (Ord. No. 51-89)

(1)

Purpose. The planning and zoning commission is empowered to recommend variations in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the zoning ordinance as would result from a strict or literal interpretation and enforcement of certain regulations prescribed by this ordinance. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or from population densities, street locations, or traffic conditions in the immediate vicinity. Recommending the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable difficulty. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for recommending a variation. A variation shall be recommended by the planning and zoning commission only in accordance with the standard set forth above and only in the following instances and no other:

(a)

To permit any yard of less dimension than required by the applicable regulations;

(b)

To permit any building or structure to exceed the square footage or height limitation imposed by the applicable regulations; but in no case shall such variation exceed ten percent (Ord. No. 27-87);

(c)

To permit the use of a lot prohibited solely because of the insufficient area of the lot, but in no event, shall the area of the lot be less than 90 percent of the required lot area;

(d)

To reduce the applicable off-street parking or loading facilities, required parking spaces are permitted to be located from the use served; and

(e)

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

(f)

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

(g)

To waive or modify the screening requirements of section Z-9 , or to permit any fence, wall or other enclosure which is greater than or less than the required height limit. (Ord. No. 6-85)

(h)

To waive or modify the open sales lot requirements of section Z-30. (Ord. No. 34-98)

(i)

To reduce by not more than 25 percent the minimum distance between advertising sign required by the applicable regulations.

(2)

Application and fee.

(a)

Data to be furnished. Application for a variation shall be made to the planning and zoning manager on a form prescribed by the planning and zoning commission, which shall include the following data:

1.

Name and address of the applicant.

2.

Statements that the applicant is the owner or the authorized agent of the owner of the property on which the variation is being requested.

3.

Address or description of the property.

4.

Statement of the precise nature of the variation requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter that would result from a strict or literal interpretation and enforcement of a specified regulation of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a variation, prescribed in subsection (4) [(3)(d)] of this section.

5.

Name and address of all adjacent property owners at the address as taken from the latest adopted tax rolls.

(b)

Map. The application shall be accompanied by an accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of street, property lines, uses, structures, driveways, pedestrian walks, off-street loading and off-loading parking facilities and landscaped areas.

1.

If required for a public hearing as prescribed in subsection (3) of this section, the application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.

(c)

Fee. The application shall be accompanied by a fee of $75.00 to cover the cost of handling the application as prescribed in this article. In the event that the variation is for an improved or building that is already under construction or in existence, the fee shall be double the amount of the fee set forth above to cover the cost of additional inspections and the costs of processing the application. (Ord. No. 51-85)

(3)

Public hearing.

(a)

Notice. The planning and zoning commission shall hold a public hearing on an application for a variation within 45 days of the date when the application was filed and found to be complete by the planning and zoning manager. Notice of a public hearing shall be given not less than 15 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation within the village and by posting on or adjacent to the property which is the subject of the application. Failure to post such notice shall not invalidate the proceedings. Notice shall also be sent via certified mailing to adjacent property owners within the time frame described above.

(b)

Procedure. At a public hearing the planning and zoning commission shall review the application, statements and drawings submitted therewith and shall receive pertinent evidence concerning the variation, particularly with respect to the findings prescribed in paragraph (3)(d) below.

(c)

Review. The planning and zoning manager shall submit a review to the planning and zoning commission on the variation at the time of the public hearing. (Ord. No. 5-85)

(d)

The planning and zoning commission shall grant by resolution an application for a variation as the variation was applied for, or in modified form, or the application may be denied.

(e)

The concurring vote for four members of the planning and zoning commission shall be necessary to authorize any variation in this ordinance and to recommend same to the village board. (Ord. No. 68-87)

(f)

Findings of fact. Within 45 days after the close of the public hearing on a proposed variation, the planning and zoning commission shall make a written finding of fact. For the planning and zoning commission to make an affirmative decision on any proposed variation, it must consider the following items (Ord. No. 112-88):

1.

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 the strict letter of the regulations were to be carried out;

2.

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

3.

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property;

4.

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;

5.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or increase the danger of fire, endanger public safety or substantially diminish or impair property values within the neighborhood; and

6.

The proposed variance complies with the spirit and intent of restrictions imposed by this chapter.

(4)

Lapse of variation.

(a)

A variation shall lapse and shall become void one year following the date on which the variation became effective unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variation application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variation application or the site is occupied if no building permit or certificate of occupancy is required.

(b)

A variation may be renewed for an additional period of one year, provided that prior to the expiration of one year from the date when the variation originally became effective and application for renewal of the variation is made to the planning and zoning commission.

(c)

The planning and zoning commission may grant or deny an application for renewal of a variation.

(d)

Subsections (2)(a), (b) and (3) of this section shall apply to an application for renewal of a variation. (Ord. No. 117-88)

(5)

Revocation. A variation granted subject to a condition or conditions shall be revoked by the planning and zoning commission, if the condition or conditions are not complied with. The planning and zoning commission shall hold a public hearing within 45 days, in accord with the procedure prescribed in subsection (3) of this section and if not satisfied that the regulation, general provision or condition is being complied with may revoke the variation or take such action as may be necessary to ensure compliance with the regulation, general provision or condition.

(6)

Effect or denial of a variation. No application for a variation which has been denied wholly or partly by the planning and zoning commission shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence not known to applicant at time of hearing on first application, or as proof of changed conditions found to be valid by the planning and zoning commission.

(7)

Action of village board. (Ord 76-88) Within 15 days after the last public hearing or meeting held on any variation, the recommendation of the planning and zoning commission shall be forwarded to the president and board of trustees of the village, as well as to the village clerk and the planning and zoning manager.

Whenever a variation is to be made by ordinance, upon receiving the report of the planning and zoning commission, the president and board of trustees of the village, without further public hearing, may grant or deny any proposed variation or may refer it back to the planning and zoning commission for further consideration.

Any proposed variation shall be passed by the concurrence of a majority of all members then holding office on the village board, including the mayor. Any proposed variation which fails to receive the approval of the planning and zoning commission shall not be passed except by the favorable vote of two-thirds of all trustees of the village.

(Ord. No. 76-88)

(1)

Purpose. This chapter may be amended by changing the boundaries of any district, by changing any district regulation, off-street parking or loading facilities requirement, signs, general provision, exception or other provision thereof in accord with the procedure prescribed in this article.

(2)

Intention.

(a)

A change in the boundaries of any district may be initiated by the owner or the authorized agent of the owner of property by filing an application for a change in district boundaries as prescribed in subsection (3) of this section. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

(b)

A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities amendments may be initiated by action of a person, persons, planning and zoning commission or village board, provided that the procedure prescribed in subsections (3) to (6) of this section shall be followed. (Ord. No. 85-83)

(c)

A proposal for a change in district boundaries initiated by the village board and one initiated by a property owner for all or part of the same area may be considered simultaneously.

(3)

Application and fee.

(a)

Data to be furnished. A property owner desiring to propose a change in the boundaries of the district in which his property is located or his authorized agent may file with the planning and zoning manager an application for a change in district boundaries on a form prescribed by the planning and zoning commission which shall include the following data:

1.

Name and address of the applicant.

2.

Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed.

3.

Address and description of the property.

4.

Name and address of all adjacent property owners at the address as taken from the latest adopted tax rolls.

(b)

Map. The applicant shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the location of streets and property lines.

(c)

Fee. The application shall be accompanied by a fee as follows to cover the cost of processing the application as described in this article:

Zoning lot of less than one-half acre .....$200.00

Zoning lot of not less than one-half nor more than two acres .....$275.00

Zoning lot of not less than two nor more than five acres .....$350.00

(Plus $25.00 for each acre or part thereof in excess of five acres, with a total maximum of $600.00.)

Text amendment .....$150.00

Zoning of lot of any size initiated by village board .....$0.00

In the event that an amendment is necessitated because a use is already in existence, the fee shall be double the amount of the fee set forth above to cover the cost of additional inspections and the costs of processing the application. (Ord. No. 51-85)

(4)

Public hearing.

(a)

Notice. The planning and zoning commission shall hold a public hearing on each application for a change in district boundaries or for a change of a district regulation, off-street parking or loading facilities requirement, signs, general provisions, exception or other provision of this chapter within 45 days of the date when the application was filed and found to be complete by the planning and zoning manager. Notice of the public hearing shall be given not less than 15 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation in the village and by posting on or adjacent to the property which is the subject of the application.

Failure to post such notice shall not invalidate the proceedings. Notice shall also be sent via certified mailing to the adjacent property owners within the time frame described above. (Ord. No. 21-88)

(1)

All map amendments must be reviewed by and receive a recommendation from the Planning Commission before being heard by the planning and zoning commission, unless otherwise authorized by the planning and zoning commission. (Ord. No. 40-94)

(b)

Procedure. At the public hearing the planning and zoning commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this chapter prescribed in section Z-2.

(c)

Review. The planning and zoning manager shall submit a review to the planning and zoning commission on the proposed amendment at the time of public hearing. (Ord. No. 5-85)

(d)

Findings of fact and recommendation of the planning and zoning commission. Within 45 days following the public hearing the planning and zoning commission shall make a specific finding as to whether the change is consistent with the objectives of the zoning ordinance prescribed in section Z-2. The planning and zoning manager shall forward the report to the village board recommending that the application be granted, granted in modified form, or denied or that the proposal be adopted, adopted in modified form, or rejected, together with a copy of the application, resolution of the planning and zoning commission; the scale drawing of the site and the surrounding area and all other data filed therewith; the minutes of the public hearing; and the findings of the planning and zoning commission.

(e)

The concurring vote of four members of the planning and zoning commission shall be necessary to recommend the application for an amendment to this chapter to the village board. (Ord. No. 68-87)

(5)

Action of the village board. An amendment shall be passed by the concurrence of a majority of all members then holding office on the village board, including the mayor. In the case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent or more of (Ord. No. 76-88):

a.

The frontage proposed to be altered; or

b.

The frontage immediately adjoining or across an alley therefrom; or

c.

The frontage directly opposite the frontage proposed to be altered; or

d.

Any adjacent property contiguous to the property in question, the amendment shall not be passed except by a favorable vote of two-thirds of the trustees of the village then holding office. In such cases, a copy of the written protest shall be filed with the village clerk, signed and acknowledged by said owners and shall be served by the protestor 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.

(6)

Effect of denial of an amendment. No application for an amendment which has been denied wholly or partly by the village board shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence, or proof of changed conditions found to be valid by the planning and zoning commission.

(1)

Planning and zoning manager's responsibilities. The planning and zoning manager shall be the official responsible for the enforcement of this chapter. The planning and zoning manager may serve notice requiring the removal of any structure or use in violation of this chapter on the owner or his authorized agent, on a tenant or on an architect, builder, contractor or other person who commits or participates in any violation. The planning and zoning manager may call upon the village attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the village attorney is hereby authorized to institute appropriate actions to that end. The planning and zoning manager may call upon the village policing agency and his authorized agents to assist in the enforcement of this chapter.

(2)

Enforcement procedure.

(a)

The planning and zoning manager is authorized to enforce the zoning ordinance on a complaint basis or whenever any violation is brought to his or her attention. Upon becoming aware of an alleged violation, an inspector of the property involved shall be made by the planning and zoning manager or designated representative.

If, in the opinion of the planning and zoning manager, such violation does exist, the planning and zoning manager shall notify the alleged violator of the violation by certified mail, which notice shall request a response within 14 calendar days from date of notification.

Within said 14 days the alleged violator shall be required to contact the zoning office to either demonstrate compliance with the zoning ordinance or show cause why he/she should be exempt.

If, following response, or lack of same from the alleged violator, the planning and zoning manager reasonably believes that the alleged violation still exists, the planning and zoning manager shall, after 14 days from the original notification date, notify the alleged violator in person or by certified mail that he/she shall begin proceedings for compliance within 14 days or be subject to prosecution. (Ord. No. 9-88)

If the alleged violator has not begun procedures for compliance within the said 14 day period aforesaid, the planning and zoning manager shall then take necessary steps to compel compliance as provided by law. (Ord. No. 9-88)

(b)

Zoning violations may be brought into compliance with the zoning ordinance by approval of the board of trustees of a map amendment, special use permit or variance.

The planning and zoning manager is authorized in cases of denial of a map amendment, special use permit or a variance to notify said violator in person or by certified mail that he/she must comply with existing zoning regulations within 30 days of board action or be subject to prosecution.

(c)

Map amendments initiated by a petitioner other than the village board may invalidate a pre-existing use(s) of the petitioner's property.

Map amendments initiated by a petitioner other than the village board that invalidate a pre-existing use(s) of a petitioner's property shall cause the pre-existing use to be in violation of this chapter.

The planning and zoning manager is authorized to notify the petitioner in person or by certified mail, that he/she must comply with the new zone district regulations within 30 days of board approval of such map amendment or be subject to prosecution. (Ord. No. 11-84)

(3)

Penalties. Failure to comply with any of the requirements of this chapter shall constitute a violation, and any person upon conviction thereof shall be fined not less than $100.00 nor more than $500.00 for each offense. Each day the violation continues shall be considered a separate offense. (Ord. No. 18-86)

The owner or tenant of any building, structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violations may each be found guilty of a separate offense and subject to the above penalties.

The village may also take other lawful action as is necessary to prevent or remedy any violation.