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Malta City Zoning Code

ARTICLE II

ADMINISTRATION AND ENFORCEMENT2

Footnotes:
--- (2) ---

Cross reference— Administration, ch. 2.


DIVISION 2. - PLANNING COMMISSION[3]

Footnotes:
--- (3) ---

Cross reference— Administration, ch. 2.


DIVISION 3. - BOARD OF APPEALS[4]

Footnotes:
--- (4) ---

Cross reference— Administration, ch. 2.


Sec. 70-41. - Zoning administrator.

(a)

Generally. The office of zoning administrator of this municipality is hereby established. The zoning administrator shall be the executive head of this office. With the consent of the village board, the administrator may appoint such other employees as he deems necessary to carry out the duties of this office.

(b)

Duties. The zoning administrator is hereby authorized and directed to administer and enforce the provisions of this chapter. This broad responsibility encompasses, but is not limited to, the following specific duties to:

(1)

Review and pass upon applications for initial and final certificates of zoning compliance;

(2)

Inspect land, structures, and uses to determine compliance with this chapter, and where there are violations, to initiate appropriate corrective action;

(3)

Review and forward to the zoning board of appeals all applications for variances and appeals;

(4)

Review and forward to the planning commission all applications for special use permits and amendments;

(5)

Maintain up-to-date records of this chapter including, but not limited to, district maps, certificates of zoning compliance, special use permits, variances, interpretative decisions of the board of appeals, amendments, and all applications related to any of these matters;

(6)

Periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations to these matters to the planning commission at least once each year;

(7)

Provide information to the general public on matters related to this chapter; and

(8)

Perform such other duties as the village board may from time to time prescribe.

(Ord. No. 95-4, §§ 9-1, 9-1.1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Cross reference— Officers and employees, § 2-71 et seq.

Sec. 70-42. - Emergency measures.

Notwithstanding any other provisions of this chapter, whenever the administrator determines that any violation of this chapter poses an imminent peril to life or property, he may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

(Ord. No. 95-4, § 9-5, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-43. - Complaints.

Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the administrator. The administrator shall record such complaints, immediately investigate, and, if necessary, institute appropriate corrective action.

(Ord. No. 95-4, § 9-6, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-44. - Penalties for violation of chapter.

(a)

Any person who is convicted of a violation of this chapter shall be subject to punishment as provided in section 1-10 of this Code. Each day that a violation continues shall be considered a separate offense.

(b)

Nothing contained in this section shall prevent this municipality from taking any other lawful action that may be necessary to secure compliance with this chapter.

(Ord. No. 95-4, § 9-7, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-45. - Payment of fees.

At the time of filing, all applications shall be accompanied by a cash amount, check or money order, payable to the village, to defray the costs of examining and verifying the proposed plans, at such rates as shall be established by the village board of trustees.

(Ord. No. 95-4, § 9-8, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-281. - Generally.

No lot or part thereof recorded or developed after the effective date of the ordinance from which this chapter is derived and no structure or use, or part thereof, that has been erected, enlarged, altered, relocated, or reconstructed after the effective date of the ordinance from which this chapter is derived shall be used, occupied, or put into operation until a final certificate of zoning compliance has been issued. The administrator shall not issue a final certificate of zoning compliance until he has determined, by inspection, that the work authorized by the initial certificate of zoning compliance has been completed in accordance with approved plans. Failure to obtain a final certificate of zoning compliance shall constitute a separate violation of this chapter.

(Ord. No. 95-4, § 9-3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-301. - Generally.

Whenever the zoning administrator finds, by inspection or otherwise, that any lot, structure, or use, or work thereon, is in violation of this chapter, the administrator shall so notify the responsible party, and shall order appropriate corrective action.

(Ord. No. 95-4, § 9-4, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-302. - Contents.

The order to take corrective action shall be in writing and shall include:

(1)

A description of the premises sufficient for identification;

(2)

A statement indicating the nature of the violation;

(3)

A statement of the remedial action necessary to effect compliance;

(4)

The date by which the violation must be corrected;

(5)

A statement that the alleged violator is entitled to a conference with the administrator if the violator so desires;

(6)

The date by which an appeal of the corrective action order must be filed and a statement of the procedure for so filing; and

(7)

A statement that failure to obey a corrective action order shall result in revocation of the certificate of zoning compliance and may result in the imposition of fines.

(Ord. No. 95-4, § 9-4.1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-303. - Service of order.

A corrective action order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure, or use if it is:

(1)

Served upon him personally;

(2)

Sent by registered mail to his last known address; or

(3)

Posted in a conspicuous place on or about the affected premises.

(Ord. No. 95-4, § 9-4.2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-304. - Stop orders.

Whenever any work is being done in violation of an initial certificate of zoning compliance, the administrator's corrective action order may state that the violation must cease immediately. See section 70-302(4). In such case, the corrective action order is equivalent to a stop order.

(Ord. No. 95-4, § 9-4.3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-71. - Established.

A planning (plan) commission for the village is hereby established in accordance with state law.

(Ord. No. 95-4, § 10-1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-72. - Membership; appointment; compensation.

The planning commission shall consist of seven members, all of whom shall reside within the village, or within a territory contiguous to the village and not more than 1 1/2 miles beyond the village limits and not included in any other municipality. Each member of the planning commission shall be appointed by the village president with the advice and consent of the village board of trustees. Each member of the planning commission shall receive for their services such compensation, if any, as is determined from time to time by the village board of trustees.

(Ord. No. 95-4, § 10-1.1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-73. - Term of office; vacancies.

Each member of the planning commission shall hold office for five years from the date of appointment, and until a successor has been selected and qualified; provided, however, that the initial appointees to the planning commission shall serve respectively for the following terms: one for one year, one for two years, one for three years, two for four years, and two for five years. With the advice and consent of the village board of trustees, the village president may remove any member of the planning commission for cause, after public hearing. Vacancies on the planning commission shall be filled for the unexpired term of the member whose place has become vacant in the same manner as providing for the appointment of new members.

(Ord. No. 95-4, § 10-1.2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-74. - Meetings; quorum.

The planning commission shall meet monthly. The planning commission shall hold an organizational meeting each January for the purpose of electing officers, establishing dates, times and location of required monthly meetings. Special meetings, when required, shall be at the call of the chairperson or at the request of the village board. If, at the discretion of the chairperson, the monthly meeting is not necessary, the chairperson may cancel the meeting for that month. All planning commission meetings shall be open to the public. The planning commission may adopt their own rules of meeting procedures consistent with this chapter and the applicable state statutes. The planning commission shall select a chairperson and vice-chairperson and such other officers as they deem necessary. The chairperson, or in his absence the vice-chairperson, may administer oaths and compel a quorum. The affirmative vote of at least four members shall be necessary to authorize any planning commission action.

(Ord. No. 95-4, § 10-1.3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-75. - Records.

The planning commission shall keep minutes of its proceedings. These minutes shall indicate the absence of any member, the vote of abstention of each member on each question, and any official action taken. A copy of every rule, variance, order, or decision of the planning commission shall be filed immediately in the meeting place of the village board of trustees, and shall be a public record.

(Ord. No. 95-4, § 10-1.4, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-76. - Comprehensive plan.

(a)

The planning commission shall prepare and recommend to the corporate authorities a comprehensive plan for the present and future development or redevelopment of the municipality. Such plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official comprehensive plan, or part thereof, of that municipality. This plan may include reasonable requirements with reference to streets, alleys, public grounds, and other improvements specified in this chapter. The plan, as recommended by the planning commission and as thereafter adopted in any village in this state, may be made applicable, by the terms thereof, to land situated within the corporate limits and contiguous territory not more than 1 1/2 miles beyond the corporate limits and not included in any municipality. Such plan may be implemented by ordinances:

(1)

Establishing reasonable standards of design for subdivisions and for resubdivision of unimproved land and of areas subject to redevelopment in respect to public improvements;

(2)

Establishing reasonable requirements governing the location, width, course, and surfacing of public streets and highways, alleys, ways of public service facilities, curbs, gutters, sidewalks, streetlights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, stormwater drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment; and

(3)

May designate land suitable for annexation to the municipality and the recommended zoning classification for such land upon annexation.

(b)

The planning commission shall recommend changes, from time to time, in the official comprehensive plan.

(c)

The planning commission shall prepare and recommend to the corporate authorities, from time to time, plans for specific improvements in pursuance of the official comprehensive plan.

(d)

The planning commission shall give aid to the municipal officials charged with the direction of projects for improvements embraced within the official plan, to further the making of these projects, and generally, to promote the realization of the official comprehensive plan.

(Ord. No. 95-4, § 10-2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-101. - Generally.

This chapter divides this municipality into various districts and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such special uses require careful case-by-case review and may be allowed only by permission of the village board of trustees.

(Ord. No. 95-4, § 10-3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-102. - Application.

Every applicant for a special use permit shall submit to the administrator, in narrative and/or graphic form, the items of information enumerated in this section. All applicable fees must be submitted to the village before the application will be processed. The administrator shall prepare an advisory report on every request for a special use permit. He shall promptly transmit the completed application and his advisory report to the planning commission.

(1)

The name and address of the applicant;

(2)

The name and address of the owner or operator of the proposed structure or use, if different from subsection (1) of this section;

(3)

The nature of the proposed use, including the type of activity, the manner of operation, the number of occupants or employees, and similar matters;

(4)

The location of the proposed use or structure and its relationship to existing adjacent uses or structures;

(5)

The area and dimensions of the site for the proposed structure or uses;

(6)

The existing topography of the site (one-foot or two-foot contour), and proposed finished grade;

(7)

The existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

(8)

The height and setbacks of the proposed structure;

(9)

The number and size of the proposed dwelling units, if any;

(10)

The location and number of the proposed parking/loading spaces and accessways;

(11)

The identification and location of all existing or proposed utilities, whether public or private; and/or

(12)

Any other pertinent information that the administrator may require.

(Ord. No. 95-4, § 10-3.1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-103. - Public hearing notice.

The planning commission shall hold a public hearing on every special permit application within a reasonable time after such application is submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. A notice indicating the time, date, and place of the hearing and the nature of the proposed special use shall be given not more than 30 days nor less than 15 days before the hearing:

(1)

By first class mail to the applicant and to all parties whose property would be directly affected by the proposed special use; and

(2)

By publication in a newspaper or general circulation within this municipality.

(Ord. No. 95-4, § 10-3.2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-104. - Advisory report; factors to be considered.

Within a reasonable time after the public hearing, the planning commission shall submit their advisory report to the village board of trustees. In deciding what their advice should be, the planning commission shall consider the following factors:

(1)

Whether the proposed design, location, and manner of operation of the proposed special use will adequately protect the public health, safety, and welfare and the physical environment;

(2)

Whether the proposed special use is consistent with this village's comprehensive plan;

(3)

The effect the proposed special use would have on the value of neighboring property and on this village's overall tax base;

(4)

The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and

(5)

Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.

(Ord. No. 95-4, § 10-3.3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-105. - Action by village board of trustees.

The village board of trustees shall act on every request for a special use permit at their next regularly scheduled meeting following the submission of the planning commission's advisory report. Without further public hearing, the village board of trustees may grant a special use permit by an ordinance passed by a simple majority vote of all members then holding office. In a separate statement accompanying any such ordinance, the village board of trustees shall state their findings of fact and indicate their reasons for approving (with or without conditions) or denying the request for the special use permit.

(Ord. No. 95-4, § 10-3.4, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-131. - Generally.

The village board of trustees may amend this chapter in accordance with state law (65 ILCS 5/11-13-14) and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the village board of trustees, the administrator, the board of appeals, the planning commission, or any party of interest.

(Ord. No. 95-4, § 10-4, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-132. - Filing.

Every proposal to amend this chapter shall be filed with the administrator on a prescribed form. Every amendment proposal shall also be filed with the Soil and Water Conservation District as per state law (70 ILCS 405/22.20a). The administrator shall promptly transmit such proposal, together with any comments or recommendations he may wish to make, to the planning commission for a public hearing.

(Ord. No. 95-4, § 10-4.1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-133. - Public hearing notice.

The planning commission shall hold a public hearing on every amendment proposal within a reasonable time after such proposal has been submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed amendment shall be given not more than 30 nor less than 15 days before the hearing:

(1)

By first class mail to all parties whose property would be directly affected by the proposed amendment; and

(2)

By publication in a newspaper of general circulation within this municipality.

(Ord. No. 95-4, § 10-4.2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-134. - Advisory report; findings of fact.

Within a reasonable time after the public hearing the planning commission shall submit their advisory report to the village board of trustees. The report shall state the planning commission's recommendations regarding adoption of the proposed amendment and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the planning commission shall include in their advisory report findings of fact concerning the following matters:

(1)

Existing uses and zoning of the property in question;

(2)

Existing uses and zoning of other lots in the vicinity of the property in question;

(3)

Suitability of the property in question for uses already permitted under existing regulations;

(4)

Suitability of the property in question for a proposed use;

(5)

The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned; and

(6)

The effect the proposed rezoning would have on implementation of this municipality's comprehensive plan.

(Ord. No. 95-4, § 10-4.3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-135. - Action by the village board of trustees; exception.

The village board of trustees shall act on every proposed amendment at their next regularly scheduled meeting following submission of the planning commission's advisory report. Without further public hearing, the village board of trustees may pass any proposed amendment or may refer it back to the planning commission for further consideration by a simple majority vote of all the members then holding office. The favorable vote of at least two-thirds of all the members of the village board of trustees is required to pass an amendment to this chapter when the proposed amendment is opposed, in writing, by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered.

(Ord. No. 95-4, § 10-4.4, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-161. - Established.

The zoning board of appeals of this municipality is hereby established in accordance with state law.

(Ord. No. 95-4, § 11-1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-162. - Membership; appointment; compensation.

The board of appeals shall consist of five members, all of whom shall reside within this municipality. Each board member shall be appointed by the village president, with the advice and consent of the village board of trustees. One of the members so appointed shall be named as chairperson at the time of his appointment. Each board member shall receive for his services, such compensation, if any, as is determined from time to time by the village board of trustees.

(Ord. No. 95-4, § 11-1.1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-163. - Term of office; vacancies.

Each board member shall hold office for five years from the date of appointment and until a successor has been selected and qualified; provided, however, that the initial appointees to the board shall serve respectively for the following terms: one 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. With the advice and consent of the village board of trustees, the village president may remove any member of the board of appeals for cause after a public hearing. Vacancies on the board shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members.

(Ord. No. 95-4, § 11-1.2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-164. - Meetings; quorum.

All meetings of the board of appeals shall be held at the call of the chairperson and at such times as the board may determine. All board meetings shall be open to the public. The board may adopt their own rules of meeting procedures consistent with this chapter and the applicable state statutes. The chairperson, or in his absence the acting chairperson, may administer oaths and compel a quorum. The affirmative vote of at least four members shall be necessary to authorize any board action.

(Ord. No. 95-4, § 11-1.3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-165. - Records.

The board shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, variance, order, or decision of the board shall be filed immediately with the village office and shall be a public record.

(Ord. No. 95-4, § 11-1.4, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-191. - Generally.

Any person aggrieved by any decision or order of the zoning administrator in any manner related to the interpretation or enforcement of any provision of this chapter may appeal to the zoning board of appeals. Every such appeal shall be made and treated in accordance with state law (65 ILCS 5/11-13-12) and the provisions of this section.

(Ord. No. 95-4, § 11-2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-192. - Filing; record transmittal.

Every appeal shall be made within 45 days of the matter complained of by filing with the administrator and the board of appeals a written notice specifying the grounds for appeal. Every appeal shall also be filed with the Soil and Water Conservation District as per state law (70 ILCS 405/22-20a). Not more than five working days after the notice of appeal has been filed, the administrator shall transmit to the board of appeals all records pertinent to the case.

(Ord. No. 95-4, § 11-2.1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-193. - Stay of further proceedings.

An appeal stays all further action on the matter being appealed unless the administrator certifies to the board, after the notice of appeal has been filed with him, that for reasons stated in certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the board or the circuit court grants a restraining order for due cause and so notifies the administrator.

(Ord. No. 95-4, § 11-2.2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-194. - Public hearing notice.

The board of appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal notice. At the hearing any interested party may appear and testify, either in person or by a duly authorized agent or attorney. A notice indicating the time, date, and place of the hearing, briefly describing the issue to be decided, shall be given not more than 30 nor less than 15 days before the hearing:

(1)

By first class mail to all parties directly affected by the appeal; and

(2)

By publication in a newspaper of general circulation within this municipality.

(Ord. No. 95-4, § 11-2.3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-195. - Decision of board of appeals.

The board of appeals shall render a decision on the appeal within a reasonable time after the hearing. The board may reverse or affirm, wholly, or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate. In so doing, the board of appeals has all the powers of the administrator.

(Ord. No. 95-4, § 11-2.4, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-221. - Generally.

A variance is a relaxation of the requirements of this chapter that are applicable to a particular lot, structure, or use. A so-called use variance (which would allow a use that is neither permitted nor special in the district in question) is not a variance; it is an amendment.

(Ord. No. 95-4, § 11-3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-222. - Application.

Every application for a variance shall be filed with the administrator on a prescribed form. All applicable fees must be submitted to the village before the application will be processed. Every variance application shall also be filed with the Soil and Water Conservation District as per state law (70 ILCS 405.22.20a). The administrator shall promptly transmit such application, together with any device he might wish to offer to the board of appeals. The application shall contain sufficient information to allow the board to make an informed decision and shall include, at a minimum, the following:

(1)

The name and address of the applicant;

(2)

The location of the structure/use for which the variance is sought;

(3)

The relationship of such structure/use to the existing structures/uses on adjacent lots;

(4)

The specific sections of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and

(5)

Any other pertinent information that the administrator may require.

(Ord. No. 95-4, § 11-3.1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-223. - Public hearing notice.

The board of appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. A notice indicating the time, date, and place of the hearing and the nature of the proposed variance shall be given not more than 30 nor less than 15 days before the hearing:

(1)

By first class mail to the applicant and to all parties whose property would be directly affected by the proposed variance; and

(2)

By publication in a newspaper of general circulation within this municipality.

(Ord. No. 95-4, § 11-3.2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-224. - Standards for variance.

The board of appeals shall not recommend the granting of any variance unless, based upon the evidence presented to them they determine that:

(1)

The proposed variance is consistent with the general purpose of this chapter;

(2)

Strict application of the district requirements would result in great practical difficulties or hardship to the applicant and prevent a reasonable return on the property;

(3)

The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardships and allow a reasonable return on the property;

(4)

The plight of the applicant is due to peculiar circumstances not of his own making;

(5)

The peculiar circumstances engendering the variance request is not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and

(6)

The variance, if granted, will not alter the essential character of the area where the premises in question are located nor materially frustrate implementation of this municipality's comprehensive plan.

(Ord. No. 95-4, § 11-3.3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-225. - Terms of relief; findings of fact.

The board of appeals shall submit their advisory report to the village board of trustees on every variance request within a reasonable time after the public hearing, in accordance with state law (65 ILCS 5/11-13-11). The findings of fact shall clearly indicate the board's reasons for its recommendation in accordance with such standards.

(Ord. No. 95-4, § 11-3.4, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-251. - Generally.

Upon the effective date of the ordinance from which this chapter is derived, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated, or reconstructed until an initial certificate of zoning compliance has been issued. The administrator shall not issue an initial certificate of zoning compliance unless, following consultation with technically qualified persons as necessary, he determines that the proposed work conforms to the applicable provisions of this chapter.

(Ord. No. 95-4, § 9-2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-252. - Application.

Every applicant for an initial certificate of zoning compliance shall submit to the administrator, in graphic and/or narrative form, all the items of information listed in this section that are applicable.

(1)

The name and address of the applicant;

(2)

The name and address of the owner or operator of the proposed structure or use, if different from subsection (1) of this section;

(3)

The nature of the proposed use, including the type of activity, manner of operation, number of occupants or employees, and similar matters;

(4)

The location of the proposed use or structure and its relationship to existing adjacent uses or structures;

(5) The area and dimensions of the site for the proposed structure or use;

(6) The height and setbacks of the proposed structures;

(7) The number and size of proposed dwelling units, if any;

(8) The location and number of proposed parking/loading spaces and accessways;

(9) The identification and location of all existing or proposed utilities, whether public or private; and/or

(10) Any other pertinent information that the administrator may require.

(Ord. No. 95-4, § 9-2.1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-253. - Duration.

Initial certificates of zoning compliance shall be valid for one year, or until revoked for failure to abide by a corrective action order. The administrator may renew initial certificates of zoning compliance for successive one-year periods upon written request, provided that the applicant is making a good faith effort to complete the authorized work.

(Ord. No. 95-4, § 9-2.2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-254. - Relationship to building permits.

Upon the effective date of the ordinance from which this chapter is derived, the zoning administrator shall not issue any building permit for the erection, enlargement, extension, alteration, or reconstruction of any structure unless the applicant for such permit presents to the administrator a copy of the initial certificate of zoning compliance pertaining to such work.

(Ord. No. 95-4, § 9-2.3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)