This article shall be known, cited and referred to as the Village Zoning Ordinance.

(Ord. of 4-17-2007, § 1.1)

This article is adopted for the purpose of improving and protecting the public health, safety, comfort, convenience and general welfare of the people. The fulfillment of this purpose is to be accomplished by seeking the following objectives:

(1)

To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Village.

(2)

To protect residential, business, commercial and industrial areas alike from harmful encroachment by incompatible uses, that land which is allocated to a class of uses shall not be usurped by other inappropriate uses.

(3)

To avoid the inappropriate development of lands and provide for adequate drainage, curbing of erosion and reduction of flood drainage.

(4)

To classify, regulate and limit the height, area, bulk and use of buildings.

(5)

To regulate and determine the area of front, side and rear yards, and other open spaces around buildings.

(6)

To classify, regulate and restrict the location of trades, callings, industries, commercial enterprises and the location of buildings designed for specified uses.

(7)

To divide the entire Village into districts of such number, shape, area, and of such different classes as are deemed best suited to carry out these purposes.

(8)

To fix standards to which buildings or structures therein shall conform.

(9)

To prohibit uses, buildings or structures incompatible with the character of such districts.

(10)

To prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations herein lawfully imposed.

(11)

To provide for a board of appeals and prescribe its powers and duties.

(12)

To provide for the enforcement and amendment of this article.

(13)

To provide for penalties for the violation of this article.

(Ord. of 4-17-2007, § 1.2)

The standards and requirements contained in this article and the district mapping reflected on the village zoning map are intended to implement the objectives of the comprehensive plan for the Village.

(Ord. of 4-17-2007, § 1.3)

In the construction of this article, the rules and definitions contained in this article shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of context, the following definitions of word use shall apply:

(1)

The term "building" shall include all other structures of every kind regardless of similarity to buildings; the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(2)

All measured distances shall be to the nearest foot. If a fraction is one-half of a foot or less, the full number next below shall be taken.

(Ord. of 4-17-2007, § 2.1)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use means a use or separate building customarily incidental and subordinate to the principal use or building, and located on the same lot with such principal use or building.

Adult use means a striptease club or pornographic movie theater whose business is the commercial sale, dissemination, or distribution of sexually explicit material, items, shows, or other exhibitions; or an adult bookstore or adult video store whose primary business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions.

Alley means a public or private way dedicated to public travel generally characterized by providing a secondary access to lots and being less than 20 feet in width.

Apartment means one or more rooms in a multifamily structure arranged, intended, designed or occupied as the residence of a single-family, individual or group of individuals.

Basement means the portion of a building having up to one-half floor-to-ceiling ground floor height below grade.

Billboard means any structure or portion thereof upon which are signs or advertisements used on an outdoor display. The term "billboard" does not include any bulletin boards used to display official court or public office notices, or church or fraternal organization bulletin boards, or signs advertising the sale or lease of the premises on which the sign is located.

Block means that property abutting on one side of a street between the two nearest intersecting streets, rights-of-way, or other natural barriers.

Board means the village board of appeals, as authorized by this article.

Building means any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure, or protection of persons, animals or chattels.

Bulk storage means bulk storage of flammable liquids in containers of 42 gallons or more. The term "bulk storage" does not, however, include underground storage incidental to a garage or filling station or the storage of fuel incidental to other use.

Camping trailer means a vehicle intended only for seasonal use but not for living purposes within the Village. A camping trailer shall not exceed 17 feet in length.

Cellar. See Basement.

Commission means the village planning commission.

District means a section of the corporate area of the Village, within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this article.

Dwelling means a building, or portion thereof, but not a mobile home, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels or motels.

Dwelling, multiple-family, means a permanent building or portion thereof providing separate accommodations for three or more families.

Dwelling, single-family, means a permanent building, separate and free-standing, in itself providing living accommodations for one family.

Dwelling, two-family, means a permanent building designed exclusively for occupancy by two families.

Dwelling unit means a room or rooms occupied by a family. The dwelling unit must include a kitchen.

Family means any number of individuals related by blood, marriage or adoption, living together in the same premises as a single housekeeping unit, including domestic servants for whom, subject to the provisions of this article, separate living quarters may be provided.

Floor area means square feet of floor space within the outside line of walls, and includes the total of all space on all floors of a building. The term "floor area" does not include porches, garages, or space in a basement or cellar when such basement or cellar space is used for storage or incidental uses.

Garage, private, means an accessory building for the storage of not more than three motor driven vehicles, of which not more than one shall be a commercial vehicle of not more than two tons' capacity.

Garage, public, means a building other than a private garage used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale within the structure.

Grade means an average level of the finished surface of the ground for buildings more than five feet from a street line. For buildings closer than five feet to a street, the grade is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to be used.

Height means vertical distance from the grade to:

(1)

The highest point of a flat roof;

(2)

The deck line of a mansard roof; or

(3)

The height of the ridges for gable, hip and gambrel roofs.

Home occupation means any use conducted entirely within a dwelling by the occupant of the dwelling and as a secondary use, which is clearly incidental to the use of the dwelling for residential purposes. Such family shall not employ more than one person who is a non-resident in the dwelling.

Hotel means an establishment which offers lodging to transient guests for compensation, and provides customary hotel services such as maid services, the furnishing and laundering of linen, telephone and desk services, and the use and upkeep of furniture.

Lot means a piece, parcel or plot of land occupied or to be occupied by one principal building and its accessory buildings and required open spaces.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

Lot line means the lines bounding a lot whether it is the front, rear or sides of a lot.

Lot width means the horizontal distance between the side lot lines and along the front lot line of a lot.

Mobile home means a vehicle equipped for use as a dwelling and designed to be hauled along a highway. Placing the trailer on a permanent foundation shall not change its being a mobile home for the purpose of this article. The terms "mobile home" and "trailer" shall be synonymous.

Mobile home or trailer park means a parcel of land which has been planned and improved for the placement of mobile homes for non-transient use.

Nonconforming use means a use of buildings or land lawful at the time of enactment of the ordinance from which this article is derived that does not conform with the "permitted use" provisions of this article.

Office building means designed for or used as the offices of professional, commercial, industrial, religious, institutional, public or semi-public persons or organizations, provided no goods, wares or merchandise shall be prepared or sold on the premises, except that a portion of the office building may be occupied and used as a drug store, barber shop, cigar store or newsstand, when such uses are located entirely within the building, with no entrance from the street, and having no sign or display visible from outside of such building.

Open space means any land developed as yards, parks, recreational areas including community centers, landscaped green areas and exclusive of areas developed for off-street parking.

Parking area, private, means an open area other than a public way or street designed, arranged and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory.

Parking area, public, means an open area other than a public way or street used for the temporary parking of automobiles and available for public use whether free, for compensation or as an accommodation for clients and customers.

Parking space means an area on a lot sufficient in size (not less than nine feet wide and 20 feet long) to store one automobile, and connected to public streets or alleys by a driveway not less than ten feet wide. Such parking spaces shall be arranged so as to permit ingress and egress of the automobiles at all times without moving any other automobile parked adjacent to the parking space. The parking space and parking areas shall be surfaced with a permanent dust-free paving.

Public way means any sidewalk, street, alley, highway or other public thoroughfare.

Remodeling or repair means any change in a building that is not a structural alteration or enlargement.

Setback means the minimum horizontal distance between the front line of a building or structure and the front property line.

Sign means a name, identification, description or illustration which is affixed to or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business; however, the term sign" shall not include any display of official court or public office notices, nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. The term "sign" shall not include a sign located completely within an enclosed building, which sign is not visible from outside the building, unless the context shall so indicate.

Story means part of a building from one floor to the next floor above, or to a ceiling above if there is no floor above. A half-story is space under a sloping roof, all of which space must be at least three feet high, but not more than 60 percent of which floor area may be finished off for use.

Street means any public or private way 20 feet or more in width dedicated to public travel. The term "street" shall be synonymous with the terms "road," "highway" and "thoroughfare."

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or exterior walls.

Swimming pool, permanent, means any confined body of water constructed for the intended purpose of human swimming or aquatic recreation, either totally or partially submerged below the surface of the ground, or constructed above ground, and which is left in place more than nine months during the year, but excluding hot tubs.

Trustee means a trustee of the Village.

Use, permitted, means a use which may be lawfully established in a particular district, provided it conforms with all requirements and regulations of such district.

Use, principal, means the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be either permitted or special.

Variance means a relaxation of terms of this article where such variances will not be contrary to the public interest, and where, due to conditions peculiar to the property and which are not the result of the actions of the applicant, a literal enforcement of the article would result in unnecessary and undue hardship.

Yard means an open space on the same lot with a principal building, open, unoccupied and unobstructed by buildings, except as otherwise provided by this article.

Front yard means the yard extending across the entire width of the lot between the principal building and the right-of-way line or street line. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Rear yard means the yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building, and on corner lots, the opposite side as the front yard.

Side yard means the yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.

Zoning enforcing officer means the official of the Village charged with the primary responsibility for administering this article.

Zoning map means the map incorporated herein as part hereof, designating zoning districts.

(Ord. of 4-17-2007, § 2.2)

In order to classify, regulate and restrict the location of trades and industries, and the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings hereafter erected or altered; to regulate and limit the intensity of the use of lot areas; and to regulate and determine the area of yards, courts, and other open spaces within and surrounding such buildings, the Village is hereby divided into eight districts. The use, height and area regulations are uniform in each of the regulation districts, which shall be known as:

(1)

C: Conservation district.

(2)

R-1: Single-family residential district.

(3)

R-2: Two-family residential district.

(4)

R-3: Multi-family residential district.

(5)

B-1: General commercial.

(6)

B-2: Highway commercial.

(7)

I-1: Light industrial.

(8)

I-2: Heavy industrial.

(Ord. of 4-17-2007, § 3.1)

(a)

Unless otherwise indicated on the zoning district map, the boundary lines of the districts follow lot lines, centerlines of streets, alleys, or such centerlines extended or the corporate limit lines as existing at the time of adoption of the ordinance from which this article is derived.

(b)

The boundaries of these districts are indicated upon the village zoning map, which map is attached to the ordinance from which this article is derived and made part of this article. The said village zoning map, with all the notations, references and other matters shown thereon, shall be as much a part of this article as if the notations, references and other matters set forth by said map were all fully described herein. Except after obtaining written permission from the Village, and except as hereinafter provided:

(1)

No building shall be erected or altered, nor shall any building or premises be used for any purpose, other than what is permitted in the district in which such building or premises are located.

(2)

No building shall be erected or altered to exceed in height the limit herein established for the district in which such building is located.

(3)

No building shall be erected, nor shall any existing building be altered or enlarged, or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the area regulations hereby established for the district in which such building is located.

(c)

Unless otherwise prohibited or restricted, a permitted use also allows such a use, building or structure as is clearly incidental thereto and compatible with the principal use, if located on the same lot. Incidental uses, buildings or structures shall not be established or erected prior to the establishment or construction of the principal use.

(Ord. of 4-17-2007, § 3.2)

(a)

All territory which may hereafter be annexed to the Village shall, from time of annexation, be considered as being in the R-1 district until changed by ordinance, unless the resolution of annexation by the trustees provides for other district or classifications. If land is to be annexed and classified other than R-1, then:

(1)

Trustees shall refer the matter to the commission for recommendation and report, and if the commission makes no report within ten days from the date the trustees, by motion, refer it to the commission, it shall be considered to have made a report approving the proposed annexation and district classification; and

(2)

The trustees shall hold a public hearing in relation thereto, giving at least 15 days' notice of the time and place of such hearing in a newspaper published in or having a general circulation in the Village; notice may, but need not be, published during the period that the commission has the matter under reference consideration.

(b)

Whenever the trustees vacate a street or alley, adjacent districts shall extend to the centerline of the vacation.

(c)

Required open areas are not to be infringed upon. Yards, parking spaces or lot areas required for one building cannot be used for another main building, nor can the size of a lot be reduced below the requirements of this article.

(d)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of skylights above the bottom of such yard or court, and except for the projection of sills, belt courses, cornices and ornamental features not to exceed 24 inches.

(Ord. of 4-17-2007, § 3.3)

Any lawful use of land or structure existing at the time of adoption of the ordinance from which this article is derived, or subsequent amendment of this article, may be continued with the following limitations:

(1)

Any structure containing a nonconforming use shall not be expanded nor substantially remodeled.

(2)

Any structure containing a nonconforming use (which has been damaged to the extent of 60 percent of its current fair value, as estimated immediately prior to damage) shall not be repaired or reconstructed except in conformity with this article.

(3)

No nonconforming use shall be established after having been discontinued for one year. Vacating a premises or building for nonoperative status shall be evidence of a discontinued use.

(4)

No nonconforming use may be substituted for any other nonconforming use.

(5)

Premises used for open storage, signs and billboards not expressly permitted in the residential district in which they are located and where such uses were existing prior to adoption of the ordinance from which this article is derived, shall discontinue such uses within two years of the effective date of the ordinance from which this article is derived.

(Ord. of 4-17-2007, § 3.4)

(a)

All-weather off-street automobile parking, paved with bituminous concrete, shall be provided on any lot on which any of the following uses are hereafter established; such space shall be provided with vehicular access to a street or alley. The following are minimum requirements for specific uses:

(1)

Single-family and duplexes: Two garage spaces and one off-street parking space for each dwelling unit.

(2)

Multiple-family dwelling units: One garage space and one off-street parking space for each dwelling unit.

(3)

Hotels and all clubs and lodginghouses providing overnight accommodations: At least one off-street parking space for each one guest room.

(4)

Tourist accommodations: One space for each room offered for tourist accommodations.

(5)

Hospitals and related medical institutions: At least one off-street parking space for each two patient beds, plus at least one additional off-street parking space for each doctor employed by the hospital or who is on the active medical staff authorized to practice at the hospital, plus at least one additional off-street parking space for each three employees.

(6)

Places of public assembly: At least one off-street parking space for each five seats provided for patrons' use, or at least one off-street parking space for each 200 square feet of gross area used or for each five seats provided for patrons' use, or at least one off-street parking space for each 200 square feet of gross area used or intended to be used for service to the public as customers, patrons, students, members, communicants or clients, whichever requires the greater number of parking spaces.

(7)

Schools, religious retreats, fire and police stations, sewage treatment plants, waterworks and grain storage: At least one off-street parking space for each three employees, including administrators, teachers and building maintenance personnel.

(8)

Public parks, picnic grounds, stables, greenhouses, home occupations and all other places of similar use: At least one off-street parking space for each two patrons, clients or members using the facility. The number of parking spaces shall be determined by the greatest number of patrons, clients or members to use the facility at the time of its peak use.

(9)

Wholesale, storage and manufacturing establishments: One space for each five employees on the busiest shift.

(10)

Retail establishments: One space for each 400 square feet of gross floor area.

(11)

Office uses: One space for each 300 square feet of gross floor area.

(b)

If off-street parking spaces for nonresidential uses as required in subsection (a) of this section cannot be provided on the same lot on which the principal use is conducted, the zoning enforcing officer may permit such space to be provided on other off-street property, provided each space is within 400 feet of an entrance to such principal use. Such off-street parking spaces shall thereafter be deemed to be required open space associated with this permitted use and shall not be reduced nor encroached upon in any manner.

(c)

Whenever there is a change in use, or an increase in floor area, or in the number of employees, and such change or increase creates a need for three or more off-street parking spaces, then additional off-street parking spaces shall be provided on the basis of the requirements for the new use.

(Ord. of 4-17-2007, § 3.5)

Every building or structure used for other than residential uses which is adapted or constructed after the adoption of the ordinance from which this article is derived shall provide adequate space for loading and unloading of vehicles off the street or alley.

(Ord. of 4-17-2007, § 3.6)

On any lot in all districts, except the B-1 general commercial district, there shall be no obstruction to traffic visibility within 35 feet of the intersection of the two street property lines of the corner lot.

(Ord. of 4-17-2007, § 3.7)

No dwelling may be located entirely in a cellar in any district outlined by this article.

(Ord. of 4-17-2007, § 3.8)

The conservation district should be applied in areas which traditionally have been open space and devoid of structure development occupying more than ten percent of the parcel's area. These open space qualities are essential for the health and safety of residents and visitors to the Village.

(Ord. of 4-17-2007, art. IV)

The following are permitted uses in the C district:

(1)

Farms of not less than five acres in size.

(2)

Public parks and forest preserves.

(3)

Single-family dwellings on lots of five acres or more.

(4)

Privately operated outdoor recreational facilities, including riding stables, lakes, swimming pools, tennis courts, and golf courses, provided they are located on sites containing not less than five acres.

(5)

Fishing and hunting clubs.

(6)

Wildlife preserves and sanctuaries.

(7)

Public and private schools.

(Ord. of 4-17-2007, § 4.1)

No building or structure shall exceed 2½ stories or 35 feet in height, except farm buildings.

(Ord. of 4-17-2007, § 4.2)

No building or structure shall be erected or enlarged which would, when erected or enlarged, conflict with the following requirement for yards and lot areas and coverage of lots:

(1)

Front yard. There shall be a front yard of not less than 50 feet.

(2)

Rear yard. There shall be a rear yard having a depth of not less than 50 feet.

(3)

Side yard. On corner and interior lots, there shall be a side yard on each side of a main building of not less than 20 feet and a combined total of side yards of not less than 45 feet.

(4)

Lot area. Every lot, farm or other parcel of land shall have a minimum width at the front building line of 200 feet, and a minimum of five acres for all uses permitted in this division.

(Ord. of 4-17-2007, § 4.3)

The purpose of the residential districts is to provide an area for residential uses and those public and semi-public uses normally considered an integral part of the residential neighborhood they serve.

(Ord. of 4-17-2007, art. V)

The following are permitted uses in the R-1 district:

(1)

Single-family dwellings and home occupations, except mobile homes or trailers.

(2)

Churches, schools, libraries, museums, parks, playgrounds, and community centers.

(3)

Accessory buildings and uses.

(4)

Unlighted real estate and nonconforming business use signs of not more than ten square feet of sign area, and public building or church signs or bulletin boards pertaining to the property on which they are placed of not more than 12 square feet of sign area.

(Ord. of 4-17-2007, § 5.1)

The following are permitted uses in the R-2 district:

(1)

Any use permitted in the R-1 district except mobile homes or trailers.

(2)

Two-family dwellings.

(3)

Unlighted signs notifying of sale, rental, or lease of land or sale of farm goods on the premises on which the sign is maintained having not over 50 square feet of sign area; signs announcing meeting times and places of civic organizations.

(Ord. of 4-17-2007, § 5.2)

The following are permitted uses in the R-3 district:

(1)

Any use permitted in the R-1 and R-2 districts.

(2)

Multiple-family dwellings and apartments.

(3)

Row dwellings containing three or more family units.

(4)

Boardinghouses or lodginghouses.

(5)

Unlighted signs as described in the R-2 district.

(Ord. of 4-17-2007, § 5.3)

(a)

Each lot in every zoning district in this division shall be improved with not more than one principal structure, together with any permissible accessory structures.

(b)

Accessory structures shall be allowed only with a principal structure.

(c)

Every residential lot shall have an area of not less than is specified in the chart set forth in subsection (f) of this section, and a lot width at the building setback as specified in the same chart, from the date of passage of the ordinance from which this division is derived forward.

(d)

Minimum ground floor area per dwelling unit, not including garage, shall be as follows, from the date of passage of the ordinance from which this division is derived forward:

(1)

One-story single-family dwelling: 1,200 square feet.

(2)

Split level single-family dwelling: 900 square feet on the lower of the two levels.

(3)

Two-story and 2½-story single-family dwelling: 900 square feet.

(4)

Two-family dwelling: 1,000 square feet per dwelling unit.

(5)

Multiple-family dwelling: 900 square feet per dwelling unit.

(e)

Where lots have double frontage as on corner lots, the required frontage shall be provided on both streets.

(f)

Lots zoned as R-2 with the intent to construct a duplex shall be divided into two sub-lots designated as "a" and "b" with a zero side yard setback on the common wall side.

(Ord. of 4-17-2007, § 5.4)

_____

No building shall exceed 2½ stories or 35 feet in height, unless each side yard is increased over the required minimum by five feet for every five feet, or fraction thereof, of additional height over 35 feet. In no case shall the building height exceed 50 feet.

(Ord. of 4-17-2007, § 5.5)

There shall be provided in the residential districts adequate off-street parking and loading in accordance with the schedule in division 3 of this article.

(Ord. of 4-17-2007, § 5.6)

(a)

All swimming pools shall comply with all applicable standards as stated in the state department of public health swimming pool and bathing beach code.

(b)

All swimming pools shall be located in rear yards only, and may not be located in a side yard abutting a street.

(c)

Any portion thereof and accessory equipment shall not be located closer than five feet from any lot line.

(d)

All permanent swimming pools, in-ground or partially submerged, shall be required to be totally enclosed with a fence at least 40 inches in height or at least one foot higher than the exposed pool wall above ground, whichever is higher, but not greater than six feet in height.

(e)

All above ground permanent swimming pools with decks shall have fences constructed on the outside of the deck at least 40 inches in height and shall have all pool and/or deck access points protected with a fence or gate, with a 40-inch minimum height. All above ground permanent swimming pools without decks shall have all pool access points protected with a fence or gate at least one foot higher than the exposed pool wall above ground.

(Ord. of 4-17-2007, § 5.7)

The following uses are permitted as special uses in the residential districts when authorized by the village trustees after report by the planning commission (providing such report is received by the trustees within 45 days of the trustees' hearing). If no report is made by the planning commission within 45 days, it shall be subject to the following requirements and any other requirements the trustees feel necessary to further the purpose of the residential districts as stated in section 26-123:

(1)

Large scale development plan.

a.

The owner of any tract of land comprising an area of not less than 30 acres may submit to the village trustees a development plan for all of the tract of land for residential and allied purposes. The development plan shall be referred to the planning commission for study and report, and to the zoning board of appeals for public hearing, to be held within 30 days after the plan is received and after public notice in a newspaper having village-wide circulation. The recommendations of the zoning board of appeals shall be accompanied by a report to the village trustees within 60 days, stating reasons and findings of facts showing whether or not the proposed community unit plan meets the following conditions:

1.

That property adjacent to the area included in the plan will not be adversely affected.

2.

That the plan is consistent with the intent and purpose of this division to promote public health, safety, morals, and general welfare.

3.

That the buildings shall be used only for single-family dwellings, two-family dwellings, or multiple-family dwellings, and the usual accessory uses such as garages, storage space, or community activities, including churches and adequate local commercial areas.

b.

If the village trustees approve the plans, permits may be issued even though the use of the land and the location of buildings to be erected in the areas and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located, provided that the permitted commercial uses shall be limited to those uses allowed in the B-1 district and that they shall not occupy more than ten percent of the gross land area of the development; and further provided that side and rear yards and lot area are not reduced by more than ten percent.

(2)

Children's nurseries, pre-kindergarten, and other private schools, providing 100 square feet of an open space is maintained for each child enrolled.

(3)

Clubs, lodges, hospitals, sanitariums, and rest homes.

(4)

Cemeteries of more than 20 acres in area.

(5)

Mobile homes or trailers only within a mobile home park or trailer park in the R-3 district.

(Ord. of 4-17-2007, § 5.8)

(a)

The purpose of the B-1 general commercial district is to provide a wide range of retail facilities and services of such a nature as to be fully compatible in the proximity they must enjoy in the local business area or in neighborhood shopping areas.

(b)

The purpose of the B-2 highway commercial district is to provide for those retail and service businesses which serve a trade area more distant than the adjacent properties or neighborhoods, and which depend primarily on highway travel and those highway service use which provide vehicle service, food, and lodging for the highway travelers.

(Ord. of 4-17-2007, art. VI)

The following are permitted uses in the B-1 district:

(1)

Lodging and institutional: lodginghouses, clubs, hospitals, and institutions.

(2)

Major retail outlets: furniture, department, clothing, dry goods, shoe and varsity stores, and hardware, electric appliance, paint and wallpaper stores.

(3)

Food, drug, and beverage: grocery, fruit or vegetable stores, supermarkets, meat markets, delicatessens, drug stores and liquor stores, bakeries in conjunction with retail sales, restaurants, tea rooms, and taverns.

(4)

Specialty shops: gift shops, jewelry stores, magazine, book and stationery outlets, florist shops, camera and photography shops and studios, and sporting goods stores.

(5)

Service and recreation: motels and hotels, laundromats, drycleaning and laundry pick-up stations, barbershops and beauty shops, dress making and millinery shops, shoe repair and tailor shops, mortuaries, indoor storage and transfer establishments, places of amusements and assembly, commercial recreation facilities, repair shops for appliances and small articles, and print, furnace, heating, typewriter, sheet metal, plumbing, and tire shops employing not more than five persons.

(6)

Building and professional offices: medical and dental offices and clinics, law offices, insurance and real estate offices, banks, finance, and utility company offices, and animal hospitals and clinics with no open kennels.

(7)

Accessory uses or buildings.

(8)

Signs: business and advertising signs, real estate and public building signs, or bulletin boards when attached to a building pertaining to the use of the property on which the sign is located, provided that:

a.

Illumination of all signs shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light into the adjacent residential district or into the public way;

b.

Any sign located in the direct line of vision of any traffic control signal shall not have flashing intermittent red, green or amber illumination; and

c.

The total square feet of sign area on the premises does not exceed the linear number of feet of street footage.

(Ord. of 4-17-2007, § 6.1)

The following are permitted uses in the B-2 district:

(1)

Any use permitted in the B-1 general commercial district, except, however, that signs shall be permitted only in accordance with the specifications of this section.

(2)

Trades or equipment: electrical, masonry, sheet metal, plumbing, air conditioning and heating shops.

(3)

Vehicle drive-ins and vehicle service and sales: drive-in theaters, restaurants, and refreshment stands; garage and filling stations, providing all pumps are located 14 feet from the street right-of-way and lot lines; underground bulk storage of petroleum products, provided in connection with service station usage; and new or used car sales and storage, not including outdoor, unfenced storage (nor junk, waste products, salvage or wrecked automobiles).

(4)

Traveler accommodations including hotels and motels, provided that a lavatory, a toilet, a tub or shower, and hot and cold running water for each unit is provided.

(5)

Accessory uses of buildings.

(6)

Business and advertising signs, real estate and public building signs or bulletin boards, provided that:

a.

Illumination of all signs shall be diffused or indirect and shall be arranged so as to not reflect direct rays of light into adjacent residential districts or into the public way;

b.

Any sign located in the direct line of vision of any traffic control signal shall not have flashing intermittent red, green, or amber illumination;

c.

The total sign area does not exceed two square feet of advertising surface for each lineal foot of street frontage; and

d.

The signs meet the locational requirements of division 8 of this article.

(Ord. of 4-17-2007, § 6.2)

The required lot areas for commercial districts are as follows:

* = When adjacent to a residential district

(Ord. of 4-17-2007, § 6.3)

_____

(a)

B-1 district. No building shall exceed three stories or 45 feet in height.

(b)

B-2 district. No building shall exceed 2½ stories or 35 in height.

(Ord. of 4-17-2007, § 6.4)

There shall be provided in the commercial districts adequate off-street parking and loading in accordance with the schedule in division 3 of this article.

(Ord. of 4-17-2007, § 6.5)

Where a B-1 or B-2 district adjoins a residential area (including a mobile home park), a dense hedge (six feet high) and tree plantings shall be provided on the commercial property to screen this property form the residential property.

(Ord. of 4-17-2007, § 6.6)

(a)

The purpose of the I-1 light industrial district is to provide for commercial use, storage, and any manufacturing use not normally creating a nuisance discernible beyond its property.

(b)

The purpose of the I-2 heavy industrial district is to provide for industrial uses not allowed in any other district, providing that, within this district, uses of a hazardous nature or those producing extensive smoke or odor shall not be located so that the general hazard or nuisance affects a large segment of the community.

(Ord. of 4-17-2007, art. VII)

The following are permitted uses in the I-1 district:

(1)

Any use permitted in the B-1 and B-2 commercial districts except residential uses.

(2)

Light industrial uses that are not obnoxious or offensive, by reason of the emission of odor, dust, smoke, noise, gas, fumes. cinders, vibration, refuse matter or water-carried waste, including retail sale of products when such sale is clearly incidental and essential to the permitted industrial use.

(3)

Aircraft factories or hangars, not including wind tunnels and testing fields.

(4)

Automobile sales, servicing, painting, upholstering, tire retreading or recapping, battery manufacturing and the like; not including automobile and gasoline service stations.

(5)

Boat building.

(6)

Box factories.

(7)

Building materials sales establishments and storage areas.

(8)

Building-movers' and wreckers' establishments.

(9)

Breweries.

(10)

Cleaning and dyeing establishments.

(11)

Contractor equipment storage.

(12)

Cooperage works.

(13)

Dispensaries only with emergency facilities incident to an industry.

(14)

Distribution plants, including parcel delivery, ice and cold storage plants, bottling plants, and food commissaries or catering establishments.

(15)

Feed mixing plants.

(16)

Foundries—casting of only lightweight nonferrous metal.

(17)

Grain elevators.

(18)

Iron, steel or other metal fabrication works (no foundry or drop hammer and no punch press over 50 tons' capacity).

(19)

Killing or dressing and/or packaging facilities of poultry and rabbits.

(20)

Laboratories—experimental, photo or motion picture film or testing.

(21)

Landscape gardeners' sales areas or businesses, provided no odor, dust, noise or glaring light is noticeable outside any lot in this district.

(22)

Laundries.

(23)

Lumber storage, millwork and sales.

(24)

Machine shops.

(25)

Machinery repairing, sales and display.

(26)

Manufacture, fabrication and maintenance of electric and neon signs, billboards, commercial advertising structures, light sheet metal products including heating and ventilating ducts and equipment, cornices, eaves and the like, and also including plumbing, heating or electrical contracting businesses.

(27)

Manufacturing, fabricating, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, textiles, tobacco, yarns, wood and paint not employing a boiling process.

(28)

Manufacturing, fabricating, corresponding, canning, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, soft drinks, toiletries and food products, not including the following: fish and meat products, sauerkraut, vinegar and yeast, except in conjunction with a general food products manufacturing company, and not including the rendering of fats and oils or slaughtering of animals.

(29)

Manufacture of appliances, electrical or mechanical; instruments, electronic, musical, precision or the like; machines, electric or mechanical, for home or office and the like; phonographs, radios, telephones or other instruments or machines for receiving, reproducing or transmitting sound; watches and clocks; toys; novelties; and rubber and metal hand stamps.

(30)

Planing mills.

(31)

Printing, lithographing, type composition, ruling and binding establishments.

(32)

Public utility facilities and installations for electricity, gas, oil, steam, telegraph, telephone (including telephone exchange buildings) and water (not including railroads).

(33)

Railroad or other mass transportation company freight and/or passenger and supporting facilities, limited receiving and distribution yards, rights-of-way, trackage and sidings, with accessory poles and overhead wires, signal or other operating devices, shelters and comfort stations incident to the use thereof, including private off-street turn-around and layover areas for buses, car houses, yards and headquarters for operating and maintenance employees.

(34)

Repair shops, other than railroad major repair shops.

(35)

Schools and industrial trades, when not objectionable due to noise, odor, vibration, dust, smoke or other similar causes.

(36)

Solid fuels such as coal, coke and wood, storage and sales.

(37)

Stables.

(38)

Storage and distribution of any merchandise or material other than explosives or inflammables; garbage, offal or dead animals; paper, exclusive of rolled newsprint and other similar rolled paper; petroleum and petroleum byproducts in excess of an amount necessary for use on the premises; and rags, metal or junk.

(39)

Structures or equipment for landing, mooring or other like purposes, and the use of the same for land or water transportation interchange.

(40)

Veterinary establishments.

(41)

Wholesale businesses.

(42)

Accessory uses and structures customarily incident to any of the above uses, located within the building area of the lot, unless otherwise specified, and including:

a.

Fences or enclosure walls.

b.

Loading spaces.

c.

Lunchrooms for employees.

d.

Minor garages or minor parking areas.

e.

Recreation areas, nonprofit.

f.

Repair garages for vehicles.

g.

Signs, related to or advertising the use being conducted on the premises.

(Ord. of 4-17-2007, § 7.1)

Only the following uses shall be permitted in the I-2 district:

(1)

Aircraft factories, landing fields or hangars.

(2)

Alcohol manufacture.

(3)

Ammonia, bleaching powder or chlorine manufacture.

(4)

Asphalt manufacture or refining.

(5)

Automobile sales, servicing, painting, upholstering, tire retreading or recapping, battery manufacturing and the like; not including automobile and gasoline service stations.

(6)

Blast furnaces or coke ovens.

(7)

Boat building.

(8)

Boiler works.

(9)

Box factories.

(10)

Building materials sales establishments and storage areas.

(11)

Building movers' and wreckers' establishments.

(12)

Breweries.

(13)

Brick, tile or terra cotta manufacture.

(14)

Chemical manufacture.

(15)

Concrete or cement products manufacture.

(16)

Contractors' equipment storage.

(17)

Cooperage works.

(18)

Cotton gins or oil mills.

(19)

Distribution plants, including parcel delivery, ice and cold storage, bottling plants and food commissaries or catering establishments.

(20)

Drop forge industry manufacturing forgings with power hammers.

(21)

Feed mixing plants.

(22)

Grain elevators.

(23)

Hospitals, only with emergency facilities incident to an industry.

(24)

Iron or steel or other manufacturing or processing, foundries or fabrication plants and heavy weight casting, including galvanizing and other treatment.

(25)

Killing or dressing and/or packaging facilities of poultry and rabbits.

(26)

Laboratories—experimental, photo or motion picture film or testing.

(27)

Landscape gardeners' sales areas or businesses.

(28)

Lumber storage, millwork and sales.

(29)

Machine shops.

(30)

Machinery repairing, sales and display.

(31)

Manufacture, fabrication and maintenance of electric and neon signs, billboards, commercial advertising structures, sheet metal products including heating and ventilating ducts and equipment, cornices, eaves and the like, and also including plumbing, heating or electrical contracting businesses.

(32)

Manufacturing, fabricating, compounding, assembling or treatment of bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, textiles, tobacco, yarns and wood, or articles of merchandise made therefrom.

(33)

Manufacturing, fabrication, compounding, canning, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, soft drinks, toiletries and food products, including fish and meat products, sauerkraut, vinegar and yeast, but not including the following: fish-smoking, curing or canning; rendering of fats and oils, or slaughter of animals.

(34)

Manufacture of appliances, electrical or mechanical, instruments, electronic, musical, precision or the like; machines, electric or mechanical, for home or office and the like; phonographs, radios, telephones or other instruments or machines for receiving, reproducing or transmitting sound; watches and clocks; toys; novelties; and rubber and metal hand stamps.

(35)

Oilcloth or linoleum manufacture.

(36)

Ore reduction.

(37)

Paint, oil (including linseed), shellac, turpentine, lacquer or varnish manufacture.

(38)

Petroleum products manufacture and wholesale storage of petroleum.

(39)

Planing mills.

(40)

Printing, lithographing, type composition, ruling and binding establishments.

(41)

Public utility facilities and installations for electricity, gas, oil, steam, telegraph, telephone (including telephone exchange building), and water.

(42)

Quarries, gravel pits, stone mills or slag crushers.

(43)

Railroad or other mass transportation company freight and/or passenger facilities, rights-of-way, trackage and sidings, with accessory poles and overhead wires, signal or other operating devices, shelters and comfort stations incident to the use thereof, including private off-street turn-around and layover areas for mass transit vehicles and parking areas for buses, car houses, repair shops, yards and headquarters for operating and maintenance employees.

(44)

Railroad repair shops, receiving, distribution and classification yards and supporting facilities.

(45)

Repair shops.

(46)

Rock, sand, slag or gravel distribution.

(47)

Rolling mills.

(48)

Rubber or gutta-percha manufacture or treatment.

(49)

Salt works.

(50)

Schools, or industrial trades.

(51)

Soap and detergent manufacture.

(52)

Sodium compounds manufacture.

(53)

Solid fuel such as coal, coke and wood storage and sales.

(54)

Stables.

(55)

Stone or monument works.

(56)

Storage and distribution of any merchandise or material other than explosives or inflammables, garbage, offal or dead animals.

(57)

Stove or shoe polish manufacture.

(58)

Structures or equipment for landing, mooring or other like purposes, and the use of the same for land or water transportation interchange.

(59)

Tar distillation or tar products manufacture.

(60)

Tool manufacture.

(61)

Truck terminals.

(62)

Veterinary establishments.

(63)

Wholesale businesses.

(64)

Wool pulling or scouring.

(65)

Accessory uses and structures customarily incident to any of the uses set forth in subsections (1) through (64) of this section, including:

a.

Fences or enclosure walls.

b.

Loading spaces.

c.

Parking garages.

d.

Recreation areas, nonprofit.

e.

Signs related to or advertising the use being conducted on the premises.

f.

Dumps for slag, brickbats and similar material.

g.

Incinerators (but only properly constructed devices approved by the zoning board of appeals hereinafter referred to).

h.

Offices.

i.

Manufacture, processing and/or storage of gas in its various forms, not in excess of quantities determined by the zoning board of appeals to be not hazardous to adjacent properties.

j.

Storage of explosives or inflammables, not in excess of that determined by the zoning board of appeals to be not hazardous.

k.

Lunchrooms for employees.

l.

Repair garages for vehicles.

(Ord. of 4-17-2007, § 7.2)

The following uses are permitted as special uses in the I-2 district when authorized by the village trustees after report by the planning commission (providing such report is received by the trustees within 45 days of the trustees' hearing). If no report is made by the planning commission within 45 days, it shall be subject to the following requirements and any other requirements the trustees feel necessary to further the purpose of the residential districts as stated in section 26-188:

(1)

Landfill.

(2)

Adult use.

(3)

Hazardous or special waste production and/or disposal as defined by the state environmental protection agency.

(4)

Automobile wrecking and salvage operations if located not less than 400 feet from any R district, provided such operation is conducted within an area enclosed on all sides with a tight painted fence not less than eight feet high and provided further that such operation shall not be visible from the nearest street.

(Ord. of 4-17-2007, § 7.3)

Each use to be established in the I-1 or I-2 district shall provide a minimum lot area of 5,000 square feet and a minimum lot width of 100 feet.

(Ord. of 4-17-2007, § 7.4)

No building in the I-1 or I-2 district shall exceed 50 feet in height unless the front, side, and rear yards required in this division are increased by five feet for every five feet, or fraction thereof, of additional height over 50 feet.

(Ord. of 4-17-2007, § 7.5)

All structures to be constructed, altered, or moved in the I-1 or I-2 district shall provide yards of the following minimum depths:

(1)

Front yard: 100 feet.

(2)

Rear yard: 25 feet.

(3)

Side yard: Unless otherwise stated, 35 feet, except where a side yard abuts a residential district, in which case a side yard of 75 feet shall be provided.

(4)

Parking lots may extend 60 feet into a front yard and 20 feet into the side and rear yards, providing the parking lot is adequately screened with plant material from adjoining properties or streets.

(Ord. of 4-17-2007, § 7.6)

There shall be provided in the I-1 and I-2 districts adequate off-street parking and loading in accordance with the schedule in division 3 of this article.

(Ord. of 4-17-2007, § 7.7)

Where an I-1 or I-2 district adjoins a residential or commercial area, a buffer strip composed of a dense hedge (six feet high) and tree plantings shall be provided to screen the industrial district from the adjoining property.

(Ord. of 4-17-2007, § 7.8)

When a lot which is an official lot of record as of April 17, 2007, does not comply with the area, yard or other requirements of this article, an application may be submitted to the board of appeals for a variance from the terms of this article in accordance with the procedure outlined in division 10 of this article. Such a lot may be used as a building site; provided, however, that the yard and other requirements of the district are complied with as closely as possible, in the opinion of the board of appeals.

(Ord. of 4-17-2007, § 8.1)

(a)

Allowable projections of structures into yards and other exceptions to yard requirements. Architectural features of buildings such as window sills, cornices, and roof overhangs may project onto the required yard, provided such projection is not more than two feet. Open fire escapes, fireproof outside stairways, chimneys and flues may project into the rear yard not more than 3½ feet. Ground floor terraces or patios may extend into the rear yard lot, however, to within two feet of either side lot line.

(b)

Allowable projections of business structures into yards. Awnings, canopies, and marquees, as attached to and part of a building, may project into the front yard in the B-1 district only.

(c)

Allowable projections of accessory buildings into yards. One-story accessory buildings may project into yards, provided that:

(1)

The building does not occupy more than 30 percent of the rear yard;

(2)

When more than ten feet from the building and 60 feet from the front yard, it may project into the side or rear yards, providing it projects no closer than two feet to the side or rear lot lines;

(3)

Garage accessory buildings entered directly from alleys are not closer than ten feet to the alley line;

(4)

Projections into the front yard on corner lots are allowed where adherence to two front yards would reduce the buildable width for an accessory building below 22 feet.

(d)

Allowable projections of fences into yards.

(1)

Fences may be constructed in or project into yards, providing that:

a.

No fence or planting more than three feet high or 30 percent solid shall be located within 35 feet of a street intersection;

b.

No fence more than four feet high may be located closer to the front of the lot than the principal building; and

c.

No fence more than six feet high shall be allowed on any other part of the lot, except in an I-2 district.

(2)

Fences shall be constructed such that the good or finished side is facing away from the lot on which it is constructed. Fences shall also be placed no closer than one foot from the lot line.

(e)

Allowable projections of freestanding signs into yards. Freestanding signs (not attached to a building), as permitted in the particular district, may project into the front yard, except, however, no freestanding signs shall be permitted in the B-1 general commercial district. No sign in any district shall be permitted to overhang any property line.

(f)

Projecting signs. Whether attached to a building or not, projecting signs shall be permitted only if the bottom edge of the sign is in excess of eight feet above grade level.

(Ord. of 4-17-2007, § 8.2)

(a)

Public and semi-public buildings may exceed height limitations. Public buildings, churches, temples, hospitals, and institutions may exceed the height limit to a total height of 70 feet, providing all yards required in the particular district are increased one foot for each two feet in excess of the height limitations.

(b)

Architectural or mechanical appurtenances may exceed height limitations. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, spires, radio and television towers, grain elevators, or other such architectural and mechanical appurtenances are exempt from height regulations.

(c)

Storage buildings need not comply with story limitations. Storage buildings are exempt from the story limitations, but not the "number of feet" limitation.

(Ord. of 4-17-2007, § 8.3)

This article shall be administered and enforced by the zoning enforcing officer, who shall be appointed by the president, with the village board's concurrence.

(Ord. of 4-17-2007, § 9.1)

It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings, fences, decks, patios, or permanent pools, or to commence the moving or alteration of any buildings, including accessory buildings, until the zoning enforcing officer has issued a building permit for such work. It shall also be unlawful to construct a fence without a building permit for such work. As a condition for issuance of a perimeter fence permit, the applicant must present a boundary survey with the application.

(Ord. of 4-17-2007, § 9.2; Ord. No. 2008-11-18-2, § 1, 10-21-2008)

(a)

In applying to the zoning enforcing officer for a building permit, the applicant shall submit a dimensional sketch or scale plan indicating the shape, size, height, and location of all buildings already on the lot. He shall also state the existing and intended use of all such buildings and supply such other information as may be required by the zoning enforcing officer for determining whether the provisions of this article are being observed. If the proposed excavation or construction set forth in the application is not in conformity with the provisions of this article and other ordinances of the Village, the zoning enforcing officer shall state such refusal in writing, with the cause, and shall immediately forward such notice of refusal to the applicant. The zoning enforcing officer shall grant or deny the permit within ten days from the date the application is submitted.

(b)

The issuance of a building permit shall in no case be constructed as waiving any provisions of this article.

(c)

A building permit shall become void 90 days after issuance unless substantial progress, as deemed by the zoning enforcement officer, has been made by that date on the project described therein, and shall expire two years after issuance.

(d)

Building permits shall be posted at the building site in a manner such that it is visible from the street for the duration of construction.

_____

(e)

To partially defray the expense of administering this article, a fee shall be collected by the zoning enforcing officer in accordance with the following schedule:

(Ord. of 4-17-2007, § 9.3; Ord. No. 2008-11-18-2, § 1, 10-21-2008)

(a)

No land, building, mobile home, or part thereof hereafter erected or altered in its use or structure shall be used until the zoning enforcing officer shall have issued a certificate of occupancy indicating that such land, building, or part thereof, and the proposed use thereof, are found to be in conformance with the provisions of this article.

(b)

Within three days after notification that a building, mobile home, or premises, or part thereof, is ready for occupancy or use, it shall be the duty of the zoning enforcing officer to make a final inspection thereof and to issue a certificate of occupancy if the land, building, mobile home, or part thereof and the proposed use thereof are found to conform with the provisions of this article; or if such certificate is refused, to state refusal in writing, with the cause, and immediately forward such notice of refusal to the applicant.

(Ord. of 4-17-2007, § 9.4)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this article, the proper authorities of the village board, in addition to other remedies, may institute any appropriate action or proceedings to prevent the occupancy of such building, structure, or land.

(Ord. of 4-17-2007, § 9.5)

A board of appeals is hereby authorized in accordance with 65 ILCS 5/11-13-1 et seq. The term "board," when used in this section, shall be construed to mean the zoning board of appeals.

(1)

The board shall consist of seven members appointed by the president with the consent of the village board.

(2)

The members of the board shall serve terms of five years.

(3)

One of the members of the board shall be designated by the village president as chairperson of the board, and shall hold his office as chairperson until his successor is appointed. The chairperson shall conduct all meetings of the board, but, in case of his absence, the attending members shall delegate one of the members present to serve as acting chairperson.

(4)

The village president shall have the power to remove any member of said board for cause, and after a public hearing.

(5)

Vacancies upon 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 such member.

(6)

The members of the zoning board of appeals shall serve with a salary of $50.00 per meeting.

(Ord. of 4-17-2007, § 10.1)

(a)

Procedure meetings of the board of appeals shall be held at the call of the chairperson, and at such other times as the board may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote, or failure to vote, of each member upon every question, and shall keep records of its examinations and other official actions. All board of appeals actions shall be a matter of public record.

(b)

For all matters to come before the zoning board of appeals, the Village shall publish notice of such hearing at least once, not more than 30 days nor less than 15 days before the hearing, in a newspaper of general circulation within the Village. The notice shall be paid for by the petitioner and a certification of publication furnished to the board of appeals prior to the hearing. A sign furnished by the Village indicating notice of hearing shall be posted by the petitioner, in a conspicuous location on the subject parcel at least 15 days prior to the hearing.

(Ord. of 4-17-2007, § 10.2)

(a)

An appeal to the board of appeals may be taken by any person aggrieved by any order, requirement, decision or determination by any governmental officer, department, board, or bureau, based in whole or in part upon the provisions of this article.

(b)

All appeals and petitions shall be in writing, in duplicate, and shall be filed with the zoning enforcement officer or the village clerk within 45 days of the action appealed from. Upon appeal, the zoning enforcing officer shall present to the village board at its next regular meeting, papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the enforcing officer certifies to the board that a stay would, in his opinion, cause imminent peril to life or property.

(c)

The village board shall refer any such petition or appeal to the board of appeals, and shall take no action until it has received the report of the board of appeals. The board of appeals shall hold a public hearing upon each petition or appeal. The board shall fix a reasonable time for hearing of the appeal, a notice of which shall be published at least once, not more than 30 days nor less than 15 days before the hearing, in a newspaper of general circulation within the community. After the hearing, the board of appeals shall make a report to the village board of its findings of fact, its recommendations regarding petition or appeal and the reasons therefor. If the recommendation of the board of appeals is confirmed by the village board, it can be done so by a simple majority vote of the members of the village board. The recommendation of the board of appeals can be overturned by a two-thirds vote of the members of the village board.

(d)

In order to partially defray the expense of a public hearing, the applicant shall pay the sum of $50.00 to the village treasurer at the time of filing of the appeal.

(Ord. of 4-17-2007, § 10.3)

(a)

Generally. The board of appeals shall have the following powers:

(1)

Interpretation and administrative review. To hear and decide appeals where it is alleged that there is an error in any action by the zoning enforcing officer or other administrative official in carrying out the provisions of this article; and for the interpretation of the zoning map.

(2)

Variations. To hear and decide on applications for a variation in cases where there are practical difficulties or particular hardships in the way of carrying out the provisions of this article.

a.

Before any variation is granted, the board of appeals must make a finding of facts that all of the following conditions are shown to be present:

1.

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district;

2.

The plight of the owner is due to unique circumstances; and

3.

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

b.

In granting a variation, the board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this article. Violation of any of these conditions or safeguards shall be deemed a violation of this article.

(b)

Restriction on authority to permit use. Nothing herein contained shall be construed to give or grant to the board the power or authority to permit a use not generally permitted in the district involved.

(c)

Administrative decision subject to judicial review. All final administrative decisions of the board of appeals shall be subject to judicial review pursuant to Administrative Review Law (735 ILCS 5/3-101 et seq.), and all amendments and modifications thereof, and the rules adopted pursuant thereto.

(Ord. of 4-17-2007, § 10.4)

The village president and village board may amend, supplement, change, modify, or repeal the regulations, restrictions and boundaries as provided for in this article.

(Ord. of 4-17-2007, art. XI)

It is recognized that changes in conditions within the Village may require that there be amendments from time to time to this article. Amendments shall be made, if at all, only when it is found by the village board, following a report of the zoning board of appeals, that such amendments are required in the public interest. No amendments shall be made to this article solely for the private interest of an applicant. While variations as herein provided are designed to relieve individual hardship, and the basis for variations is the injury which may be caused to the individual by the general application of the provisions of this article, the considerations upon which amendments shall be judged are directed exclusively to the welfare of the entire community.

(Ord. of 4-17-2007, § 11.1)

(a)

A public hearing shall be held by the village zoning board before adoption of any amendment, supplement, or change, public notice of which shall have been placed in a newspaper of general circulation within the community not more than 30 days nor less than 15 days before the hearing.

(b)

In case of a written protest against any proposed amendment of a regulation or district, signed and acknowledged by owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately joining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, such protest being filed with the village clerk, the amendments shall not be passed except by the favorable vote of two-thirds of all members of the village board.

(c)

In order to partially defray the expense of a zoning change public hearing, each person petitioning for a zoning change shall deposit with the village treasurer the sum of $50.00. No part of such amount shall be refunded for failure of an amendment to be enacted into law.

(Ord. of 4-17-2007, § 11.2; Ord. No. 2008-11-18-2, § 1, 10-21-2008)

No amendment shall become effective unless it is first submitted to and approved by the planning commission, or if disapproved, shall receive a two-thirds majority vote of the entire village board.

(Ord. of 4-17-2007, § 11.3)

In the interpretation and application of this article, the provisions contained herein shall be held to be minimum requirements, adopted for the promotion of public health, morals, safety, and general welfare.

(Ord. of 4-17-2007, § 12.1)