The administration of this title is vested in the following offices or agencies:

The office of code enforcement officer (section 9-14-2 of this chapter).

The office of the planning department (section 9-14-3 of this chapter).

The office of village clerk (section 9-14-4 of this chapter).

The village board of trustees (section 9-14-6 of this chapter).

The village planning commission (section 9-14-7 of this chapter). (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

The code enforcement officer shall mean the director of building and zoning as established in title 1, chapter 22 of this code. (Ord. 04-45, 4-4-2005)

The authorized organizational personnel of the planning department shall administer that portion of this title as required, and shall:

   (A)   Prepare and cause to be published in a newspaper as a legal notice, on or before April 30 of each year, maps showing the existing zoning uses, divisions, restrictions, regulations and classifications in effect.

   (B)   Maintain permanent and current records of this title including, but not limited to, all maps, amendments, special use permits, planned unit developments, variations, appeals, and applications thereof.

   (C)   Advise all persons seeking zoning information of the existence of official plans of the village and the relationship of these plans to zoning.

   (D)   Provide and maintain a source of public information relative to all matters arising out of this title. (Ord. 99-06, 6-21-1999)

   (E)   Receive, file and forward to the village board (with copies to the planning commission where applicable) all applications for amendments, special use permits, planned unit developments and other matters on which the village board is required to pass under this title.

   (F)   Receive, file and forward to the planning commission all applications for variations and other matters on which the commission is required to pass under this title. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (G)   Keep the village board advised on zoning activities. (Ord. 99-06, 6-21-1999)

The village clerk and his/her authorized organizational personnel shall administer that portion of this title prescribing duties for the village clerk, and shall: (Ord. 99-06, 6-21-1999)

   (A)   Accept appeals filed in the village clerk's office and forward same to the village planning commission for appropriate action. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (B)   Maintain copies of this title and the official zoning map for reference by the public. (Ord. 99-06, 6-21-1999)

(Rep. by Ord. 05-01, 5-16-2005)

The village board shall establish the standards, procedures and contents of this title and shall reserve certain matters of final decision to itself. Decisions of the village board shall be subject to judicial review as the law may provide, and the jurisdiction of the village board shall be: (Ord. 99-06, 6-21-1999)

   (A)   To decide variations, special uses, amendments (text and map) and planned unit developments after report by the village planning commission.

   (B)   To confirm appointments to the planning commission. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (C)   To decide all matters required by this title.

   (D)   To initiate text and comprehensive amendments to this title. (Ord. 99-06, 6-21-1999)

The planning commission shall have the following jurisdiction and authority:

   (A)   Board Of Appeals: To hear and decide appeals from, and to review orders, decisions, or determinations made by the director of building and zoning and to that end have the power of the director of building and zoning with respect to such order, decision, or determination.

   (B)   Variations: To hear, review, and offer its recommendations to the village president and board of trustees on applications for variations from the requirements of the Manteno zoning ordinance.

   (C)   Comprehensive Plan: To prepare and recommend a comprehensive plan, including an official map, to the village president and board of trustees.

   (D)   Comprehensive Plan Amendments: To review, prepare, and recommend to the village president and board of trustees changes in and amendments to the comprehensive plan, including the official map.

   (E)   Zoning Ordinance Amendments: To initiate, hear, review, and offer its recommendations to the village president and board of trustees on applications for amendments to the Manteno zoning ordinance.

   (F)   Special Use Permits: To hear, review, and offer its recommendations to the village president and board of trustees on applications for special use permits.

   (G)   Planned Unit Development: To hear, review, and offer its recommendations to the village president and board of trustees on applications for planned unit development approval.

   (H)   Site Plan Approval: To hear, review, and offer its recommendations to the village president and board of trustees on applications for, or appeals from the director of building and zoning denial of, site plan approval made to the village president and board of trustees. (Ord. 05-01, 5-16-2005)

   (A)   Requirements And Restrictions: The building permit purchaser shall comply with all requirements and restrictions as set forth in this title, all requirements and restrictions as set forth in title 8 of this code and all requirements and restrictions that appear on the current building permit application as approved by the village board.

   (B)   Penalties: Any person who, either intentionally or unintentionally, disregards, disobeys, neglects, omits or refuses to comply with, or resists enforcement of any provisions of this section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day a violation exists shall constitute a separate offense. Any work done, actions taken or projects completed without a required permit or inspections shall, without exception, be subject to all application requirements, fees, inspections and penalties as required by this section. Any illegal work, action, project or use begun, continued or completed that does not comply with this title or other village ordinance, shall be stopped, removed, or altered by the order of the director of building and zoning. (Ord. 07-60, 2-19-2008)

(Rep. by Ord. 07-60, 2-19-2008)

   (A)   Authority: The planning commission, after a public hearing, shall recommend to the village board, any variance of the regulations of this title. Variance may be requested only in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title relating to the use, construction or alterations of buildings or structures or the use of land. The variance is intended as a device for adjustment where this title creates unnecessary and undue hardship in unusual cases, to give affected property owners rights as nearly equal as possible to those of others in the same district. However, no variance shall be granted under this section to allow a structure or use in a district restricted against such structure or use. Variance may be recommended only where such commission makes findings of fact in accordance with the standards hereinafter prescribed, and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title.

   (B)   Application And Notice Of Hearing: An application for a variation shall be filed in writing with the code enforcement officer. The application shall contain such information as the planning commission and village board may, by rule, require. Notice of the time and place of such public hearing shall be published at least once in the official newspaper not more than thirty (30) nor less than fifteen (15) days before the date of the hearing.

   (C)   Findings: The planning commission shall not recommend to vary the provisions of this title as authorized in this section, unless it shall have made findings based upon the evidence presented regarding the following points: (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

      1.   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning districts. In addition:

         (a)   Such hardship is not shared generally by other properties in the same district and the same vicinity. (Ord. 99-06, 6-21-1999)

         (b)   The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this title. (In such cases, the commission shall take steps to initiate consideration of such an amendment.) (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

      2.   That the special conditions and circumstances do not result from the actions of the applicant or by any person presently having an interest in the property.

         (a)   The hardship is created by the physical character of the property, including dimensions, topography, or soil conditions, or by other extraordinary situation or condition of such property.

         (b)   Self-inflicted or personal hardship shall not be considered as grounds for a variance, since the variance will continue to affect the character of the neighborhood after title to the property has passed.

      3.   That granting the variance requested will not confer on the applicant any special privilege or convenience that is denied by this title to other lands, buildings, or structures in the same zoning district.

      4.   That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this title and would work unnecessary and undue hardship on the applicant.

      5.   That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

      6.   That the granting of the variance will be in harmony with the general intent and purpose of this title and that such variance will not be injurious to the public welfare. Further, that the granting of the variance will not be of substantial detriment to adjacent property values and that the character of the district will not be changed by such granting. (Ord. 99-06, 6-21-1999)

   (D)   Conditions And Safeguards: In recommending the granting of any variance, the commission may specify appropriate conditions, safeguards and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variance upon other property in the neighborhood, and to implement the general purpose and intent of this title. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title.

   (E)   Restrictions: Under no circumstances except as permitted above shall the commission recommend to grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this title in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (F)   Effective Period: No order of the village board granting a variation shall be valid for a period longer than one hundred eighty (180) days from the date of such order, unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The village board may grant one extension, valid for no more than one hundred eighty (180) additional days, upon written application and good cause shown, without notice or hearing, provided such application is received before the expiration of the original effective period. If any of the benefits conferred by a variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one year, said variation shall, to the extent of such abandonment or nonutilization, become valid only after a public hearing as provided herein. (Ord. 99-06, 6-21-1999)

   (G)   Decisions: Not more than sixty (60) days after the close of the public hearing, the planning commission shall make its findings of fact and its recommendation, in writing, to the village board. The concurring vote of four (4) members of the commission shall be necessary to grant a variance. The village board may, through a motion passed by a majority of votes, accept or reject the recommendation of the planning commission. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (A)   Authority: The planning commission shall hear and make recommendations to the village board from an administrative order, requirement or determination under this title.

   (B)   Scope Of Appeals: An appeal, in which it is alleged that there is error in any decision made by the code enforcement officer under this title, may be taken to the planning commission by any person or governmental agency aggrieved by such decision or by any department, or officer of the village. Such an appeal shall be taken and filed with the village clerk within twenty (20) days from the date of the action on which the appeal is taken specifying the grounds thereof. The appeal shall specify the alleged error or errors in such order, requirement, decision, or determination. The village clerk shall, without delay, forward to the commission a copy of the notice of appeal together with all the records pertaining to the decision on which the appeal is made.

   (C)   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the decision appealed unless the code enforcement officer certifies to the planning commission after the notice of the 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 this event, the proceedings shall not be stayed unless by a restraining order, which may be granted by the commission or by a court of record on application, on notice to the code enforcement officer and on due cause shown.

   (D)   Hearing: The planning commission shall render a written recommendation on the appeal within a reasonable time, but in no event more than sixty (60) days after the closing of the public hearing, and shall promptly forward a copy of the recommendation to the village board. The village board may affirm or may reverse, wholly or in part, or modify the decision of the code enforcement officer, as in its opinion ought to be done, and to that end shall have the powers of the code enforcement officer. All decisions of the village board shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable Illinois statutes. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (A)   Purpose: This title is based upon the division of the village into districts, within which the use of land, and the uses of bulk of buildings and structures, are substantially uniform. However, within the village generally, or within certain zoning districts, certain uses specified in this title are of a nature requiring special and intensive review to determine whether they should be permitted in specified locations, and to identify the special conditions and safeguards which should be applied if permission is granted in such locations. Special use procedures as provided herein are intended to assure that such review is made and that appropriate conditions and safeguards are attached. Special use procedures shall be applied, and special exceptions granted, only as, and in cases, specified in this title.

   (B)   Categories: It is recognized that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into three (3) categories:

      1.   Uses publicly operated or traditionally affected with a public interest;

      2.   Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property, public facilities, or the village as a whole; and

      3.   Uses, either public or private, that because of past or present conditions, need special consideration. (Ord. 99-06, 6-21-1999)

   (C)   Authority: Special use permits shall be reviewed and heard by the planning commission, but only in accordance with the requirements hereinafter set forth. The planning commission shall make their recommendations to the village board.

   (D)   Application And Notice Of Hearing: An application for a special use permit shall be filed with the code enforcement officer, who shall forward a copy of the application to the planning commission. The application shall be in such form, contain such information, and be accompanied by such plans, as the village board, planning commission, or code enforcement officer may deem appropriate. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) nor more than thirty (30) days before the hearing, in a newspaper of general circulation in the village. The published notice may be supplemented by such additional form of notice as the board may provide by rule. The appellant shall have notified all adjoining owners by certified letter, return receipt requested, at least five (5) days prior to the hearing. The letter shall indicate the time, place and date of the public hearing and give a description of the request. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (E)   Application Standards: The application shall contain the following information:

      1.   The extent to which the proposed special use departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimensions, area, bulk, and uses, and the reasons why such departures are deemed to be in the public interest.

      2.   In what respects the proposed special use meets the requirements and standards of the special use regulations.

      3.   The method by which the proposed special use makes adequate provisions for public services, provided adequate control over vehicular traffic, provides for and protects designated, common open space and furthers the amenities of light and air, recreation and visual enjoyment.

      4.   The relationship and compatibility of the proposed special use to adjacent properties and neighborhoods.

      5.   The desirability of the proposed special use to physical development, tax base and economic well being of the village.

      6.   The conformity with the intent and spirit of the comprehensive plans of the village. (Ord. 99-06, 6-21-1999)

   (F)   Recommendation By The Planning Commission: Within sixty (60) days after the close of the hearing, unless the applicant shall have consented to a longer period, the commission shall transmit to the village board a written report giving its findings and recommendations for special use permits issued, and on the restrictions to be imposed upon the premises benefited by the special use permit. Where the special use is denied, the record of the commission shall set forth, and the applicant shall receive notice of, the specific grounds for denial.

   (G)   Action By The Commission, Findings Required:

      1.   Before granting any application for a special use, the commission shall make written findings that it is empowered under specified sections of this title to grant the special use and that the granting of the exception will not adversely affect the public interest. The commission shall also make written findings certifying compliance with the specific rules and requirements governing individual special uses, and that, where applicable, satisfactory provision and arrangement has been made concerning the following: (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

         (a)   Ingress and egress to the property and proposed structures or uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

         (b)   Off street parking and loading areas, where required, with particular attention to the items in subsection (G)1(a) of this section.

         (c)   Refuse and service areas.

         (d)   Control of noise, glare, odor, or other potentially adverse effects of the proposed use on nearby property, and screening or buffering to alleviate such effects. Control of drainage and erosion.

         (e)   Utilities, with reference to location, availability and potentially adverse appearance or other effects on surroundings.

         (f)   Signs and lighting, with reference to glare, traffic safety, and compatibility and harmony with adjoining properties and the character of the area.

         (g)   Required yards and other open spaces.

      2.   No special use permit will be granted unless:

         (a)   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.

         (b)   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair values within the neighborhood.

         (c)   The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (Ord. 99-06, 6-21-1999)

      3.   The special use shall in all other respects conform to the applicable regulation of the district in which it is located, except as such regulations may in each instance be modified by the village board pursuant to the recommendation of the planning commission.

   (H)   Conditions And Safeguards: The commission may impose such conditions relating to the special use as it may deem necessary in the particular case to protect the public interest, in relation to the items listed at subsection (G)1 of this section and as may otherwise be reasonably necessary, and may require a guarantee or bond to ensure continued compliance with such conditions and continued maintenance of such safeguards. Violations of conditions or safeguards lawfully attached to any special use shall be deemed violations of this title. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (I)   Special Exceptions Apply To Property, Not Person: When granted, a special exception, together with any conditions or safeguards attached, shall apply to the land, structure or use for which it was issued, and not to a particular person. (Ord. 99-06, 6-21-1999)

   (J)   Withdrawal Of Application; Rehearing If Withdrawn Or Denied: An application for a special use may be withdrawn at any time, but if withdrawn after the commission has convened the public hearing at which it was to be considered, or if denied by the village board, substantially the same application shall not be considered within twenty four (24) months from the date of the withdrawal or denial. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (A)   Authority: The regulations and districts established by this title may be amended from time to time by the village board through the enactment of an amending ordinance. No such amendment shall be made without a public hearing before the planning commission and a report of findings and recommendations submitted to the village board by the planning commission.

   (B)   Initiation: Amendments may be proposed by the village board, planning commission, code enforcement officer, and by any other person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest in which is specifically enforceable on the land which is described in the application for an amendment.

No application for amendment to this title shall be made which proposes reclassification of any of the same property within any zoning district that has been subject of a public hearing held by the planning commission within twenty four (24) months preceding the date of filing.

   (C)   Processing: The process for obtaining an amendment shall be as follows:

      1.   An application for an amendment shall be filed with the code enforcement officer and thereafter entered into the records of the first meeting thereafter of the village board. The application shall be in such form as to contain such information and be accompanied by such plans as the planning commission and village board by rule may require.

      2.   A copy of such application shall thereafter be forwarded by the code enforcement officer to the planning commission with a request to hold a public hearing.

      3.   The planning commission shall hold a public hearing within ninety (90) days after receiving the application from the code enforcement officer. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) nor more than thirty (30) days before the hearing in a newspaper of general circulation in the village. The published notice may be supplemented by such additional form of notice as the planning commission and village board may provide by rule. The appellant shall have notified all adjoining owners by certified letter, return receipt requested, at least five (5) days prior to the hearing. The letter shall indicate the time, place and date of the public hearing and give a description of the request.

      4.   The planning commission shall, within sixty (60) days after the hearing, transmit a written report giving its findings and recommendations to the village board.

   (D)   Review Consideration:

      1.   In reviewing an amendment, the planning commission shall give careful attention to the following:

         (a)   The effect of the proposed amendments on the comprehensive planning of the entire village.

         (b)   The changes in community characteristics that may take place because of the projected change.

         (c)   The relative effectiveness or ineffectiveness of the present wording of the ordinance, and whether a justification for change exists because of either special reasons or a change in conditions.

         (d)   Whether the amendment is designed to correct an improper situation or would result merely in the granting of special privileges.

      2.   Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the planning commission shall make findings based upon the evidence presented to it in each specified case with respect to the following matters in addition to all points listed above:

         (a)   Existing uses of property within the general area of the property in question.

         (b)   The zoning classification of property within the general area of the property in question.

         (c)   The suitability of the property in question for the use permitted under the existing zoning classification.

         (d)   The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.

         (e)   Conformance or nonconformance with officially adopted plans of the village.

         (f)   The proposed amendment is in the public interest and is not solely for the interest of the applicant.

   (E)   Decisions: The village board, upon recommendation of the planning commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the planning commission for further consideration.

In cases of written protest against any proposed amendment, 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, such amendment shall not be passed except by the favorable vote of five (5) members of the village board.

If no action is taken by the village board within six (6) months after the report of the planning commission, the application shall be deemed to have been denied and shall not thereafter be granted. (Ord. 99-06, 6-21-1999)

   (A)   Publication Of Notice: Notice of the time and place of the hearing of any proposed variation, special use, amendment, or planned development shall be given by the code enforcement officer not more than thirty (30) days nor less than fifteen (15) days before the hearing by publishing such notice at least once in one or more newspapers published in the village or in general circulation within the village.

   (B)   Contents Of Notice: In each case where notice is required to be given under this section, such notice shall contain the following information:

      1.   Time and place of public hearing.

      2.   Common street address and legal description of subject property.

      3.   A brief statement setting forth the nature of the proposed variation, special use, amendment, or planned development.

      4.   The name of each applicant. (Ord. 99-06, 6-21-1999)

   (C)   Notice To Owners Of Nearby Property:

      1.   At the time of the filing of an application for any proposed variation, special use, amendment or planned development, the applicant shall furnish to the code enforcement officer a complete list of the names and addresses of the owners of all property adjacent to or across from the subject site within a one hundred fifty foot (150') radius from any property line. The public roads, streets, alley, and other public ways shall be excluded in determining this requirement. The property owners to be notified shall be those whom were sent tax bills for the general taxes for the last preceding tax year. The planning commission shall hear no case unless the applicant furnishes such list. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

      2.   The applicant for such zoning action shall send written notice by return receipt certified mail to all persons whose names appear on the adjoining property owner's list. The applicant shall be responsible for providing the code enforcement officer with the receipts at least twenty four (24) hours prior to the public hearing. (Ord. 99-06, 6-21-1999)

   (A)   Authority: The code enforcement officer is authorized by this title to issue a temporary permit for uses specifically authorized in particular zoning districts as temporary permit uses.

   (B)   Application: An application for a temporary permit shall be made to the code enforcement officer in writing on a form provided by the village. The code enforcement officer shall issue a permit only after he is satisfied that the use allowed by the temporary permit will not adversely affect the public health, safety or general welfare of the village and/or immediate neighborhood.

   (C)   Hearing: The code enforcement officer may, if he so desires, hold a public hearing on the request for a temporary permit, or may contact the property owners affected by the proposed use regarding their opinion of the use.

   (D)   Conditions: The code enforcement officer may require that certain conditions relating to the public health, safety or general welfare be complied with before the issuance of a temporary permit.

   (E)   Decisions: The code enforcement officer shall render a written decision on the application for a temporary permit within a reasonable time and promptly forward a copy of the decision to the petitioner. Appeals from the decision of the code enforcement officer can be made to the village board. (Ord. 99-06, 6-21-1999)

The village board shall establish and amend from time to time a schedule of fees, charges and expenses required for building permits, zoning certificates, certificates of occupancy, variation, special use permits, temporary use permits, amendments, signs and other matters pertaining to this title.

Until all such required fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application.

All fees shall be paid to the office of the code enforcement officer or the office of the village clerk. (Ord. 99-06, 6-21-1999)

Any person who either intentionally or unintentionally violates, disobeys, omits, neglects or refuses to comply with, or resists enforcement of any provisions of this title, shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense and suffer the penalties herein provided. (Ord. 13-33, 2-18-2014)

Nothing herein contained shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 99-06, 6-21-1999)

   (A)   Scope Of Authority:

      1.   A variance, special use permit or change in zoning may be reverted or revoked as provided in this chapter if the testimony upon which such variance, special use permit or zoning change was falsely given.

      2.   A change of zoning shall be reverted as provided for in this chapter if the permitted variance, special use or permitted use is not in full compliance with the applicable requirements of this title.

      3.   A change of zoning may be reverted as provided for in this title if the land zoned has not been put to use as allowed in such zoned district within three (3) years of its change of zoning. (Ord. 99-06, 6-21-1999)

   (B)   Initiation: Reversions may be proposed by the village board, planning commission, code enforcement officer or by any person aggrieved by a variance, special use permit or change in zoning. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (C)   Processing: The process for reverting a variance or special use permit or change in zoning shall be as follows: (Ord. 99-06, 6-21-1999)

      1.   An application for a reversion shall be filed with the code enforcement officer and shall be in such form, contain such information and be accompanied by such plans as the planning commission by rule may require.

      2.   A copy of such application shall thereafter be forwarded by the code enforcement officer to the planning commission with a request to hold a public hearing.

The planning commission shall hear special use requests, changes in zoning and reversions of variances.

      3.   The planning commission shall hold a public hearing within ninety (90) days after receiving the application from the code enforcement officer. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) nor more than thirty (30) days before the hearing in a newspaper of general circulation in the village. A copy of such notice shall be mailed by registered letter, return receipt requested, to the current interest holders of the land as found on the last tax assessment. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

      4.   The public hearing shall be held in the village hall. (Ord. 99-06, 6-21-1999)

      5.   The planning commission shall, within sixty (60) days after the hearing, transmit a written report giving its findings and recommendations to the village board.

   (D)   Decision: The village board, upon recommendation of the planning commission, may grant or deny any proposed reversion or may refer it back to the planning commission for further consideration. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

Once the village board has decided a case, substantially the same case shall not be allowed to come before it again. All decisions of the village board shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable Illinois statutes.

   (A)   Applications For Rehearings: Applications for rehearings shall be filed with the village clerk. Evidence in support of the application shall initially be limited to that necessary to enable the village board to determine whether there has been a substantial change in the facts, evidence, or conditions in the case.

   (B)   Determination By The Village Board: Within thirty (30) days of acceptance of the application by the village clerk, the village board shall make its determination on the application for rehearing. The application shall be denied if it is found from record that there has been no substantial change in the facts, evidence, or conditions in the case. If the village board finds that there has been a change, the applicant shall be authorized to submit a new application or appeal and the appropriate procedures shall be followed to continue the process. (Ord. 99-06, 6-21-1999)