There is hereby created the zoning committee. The members of said zoning committee shall be the same as the committee on buildings, public grounds, and building permits appointed by the mayor.

(Code 1965, § 6-12-1)

It shall be the duty of the zoning committee to be responsible for the enforcement of the provisions of this chapter, hold public hearings where required herein, and perform such other duties as the appointing authority may require.

(Code 1965, § 6-12-2)

No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the enforcing officer. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this chapter.

(Code 1965, § 6-12-3)

(a)

No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the zoning committee. The certificate of compliance shall be issued only after the zoning committee reports a finding that the building has been erected or structurally altered in conformance with the provisions of this chapter and other health and building regulations.

(b)

A certificate of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alterations of such buildings shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the zoning committee and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected.

(Code 1965, § 6-12-4)

The use of a building already erected at the time this chapter becomes effective shall not be changed to some other use or occupied for any other purpose, unless the owner applies for and receives a certificate of compliance, except that no use shall be permitted in a district unless such use is authorized in said district by this Code.

(Code 1965, § 6-12-5)

(a)

Application for conditional uses, as defined herein, shall be considered at a public hearing before the zoning committee. Said zoning committee shall make its findings of fact and recommendation to the village board within 30 days after the public hearing.

(b)

The zoning committee may recommend such restrictions upon the height and bulk of any structure so approved for conditional use as may be reasonable under the particular circumstances, provided that such restrictions shall not be more restrictive than the requirements established for the zone in which such structure is proposed to be located.

(Code 1965, § 6-12-6)

The zoning committee shall have power to recommend to the village board the alteration of the required setback line in case of public or semipublic buildings after a public hearing and after a showing that such action will not cause damage and will be in accord with the general purpose of this chapter.

(Code 1965, § 6-12-7)

This chapter does not repeal any existing laws in regard to fire limits, buildings, sanitation or otherwise.

(Code 1965, § 6-12-8)

(a)

Place of filing. All applications shall be filed with the village clerk.

(b)

Form; number; scale. All applications filed pursuant to this chapter shall be on forms supplied by the village and shall be filed in such number as determined necessary in order to provide copies thereof to the village. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of said plans.

(c)

Fees.

(1)

Fees established; lien. Every application filed pursuant to this chapter shall be subject to a minimum application fee as follows:

i.

Residential subdivisions: $200.00;

ii.

All other applications: $1,000.00;

and an additional amount to recover the actual costs, as hereinafter defined, incurred by the village in processing such application. In the event that the actual costs exceed the minimum application fee, the balance shall be due within ten days after billing by the village. The owner of the property subject of the application and, if different, the applicant shall be jointly and severally liable for the payment of said fee. By signing the application, the owner shall be deemed to have agreed to pay such fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fee, plus the costs of collection, which has not been paid within 30 days following the mailing of a written demand for such payment to the owner at the address shown on the application. Any lien filed may be foreclosed in the manner provided by statute for mortgages or mechanics liens.

(2)

Recoverable costs. For purposes of establishing the application fee, the actual costs incurred by the village in processing an application shall be deemed to consist of the following items of direct and indirect expense:

i.

Legal publication and posted sign (direct cost);

ii.

Recording secretarial services (direct cost);

iii.

Court reporter (direct cost);

iv.

Administrative review and preparation (hourly salary);

v.

Document preparation and review (hourly salary);

vi.

Professional and technical consultant services (direct cost);

vii.

Legal review, consultation, and advice (direct cost);

viii.

Copy reproduction (direct cost); and

ix.

Document recordation (direct cost).

(3)

Conditions of all applications, approvals, and permits; time periods. No application filed pursuant to this chapter shall be considered complete unless and until all fees and deposits have been paid. Every approval granted and every permit issued pursuant to this chapter, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of fees. When this chapter provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, all time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run. The failure to fully pay any such fee or deposit when due shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.

(4)

Waiver of fees. The board of trustees may waive any or all of an application fee. No application fee shall apply to the village or any elected official thereof with respect to property owned by the village.

(d)

Minimum data requirements. Every application submitted pursuant to this chapter shall contain such information as is required by the village from time to time.

(e)

Special data requests. Every applicant shall submit other and additional data, information, or documentation as the zoning committee may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

(f)

Waiver of application requirements. The zoning committee has the right to waive any documentation required by them or required in this Code.

(g)

Withdrawal of application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto. Such withdrawal shall be without prejudice to the applicant's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this chapter in the same manner as any other new application.

(Code 1965, § 6-12-9; Ord. No. 00-14, § 1, 10-2-2000)

(a)

Setting of hearing date. When the provisions of this chapter require a public hearing in connection with any application, the zoning committee shall fix the date for the public hearing.

(b)

Notice. The following provisions are applicable to public hearings conducted by the zoning committee:

(1)

Zoning committee to give notice. The zoning committee shall cause notice to be given of public hearings in the form and manner and to the persons herein specified.

(2)

Contents of notice. All notices shall include the date, time and place of such hearing, a description of the matter to be heard or considered, the address or particular location of the subject property, and a legal description of the subject property where the application is not filed by the village.

(3)

Published notice. The village shall give notice of every public hearing by publication not less than 15 nor more than 30 days in advance of the hearing date in a newspaper having general circulation within the village or may give notice by posting in three public places within the village.

(4)

Posted notice. The village may require the applicant to post a notice on the property indicating that a zoning application is pending with regard to any rezoning or subdivision.

(5)

Village applications. The only notice required with regard to an application made by the village is published notice.

(6)

Improper notice. The failure to provide any notice, other than the published notice, shall not affect the jurisdiction or proceedings conducted on an application at a public hearing.

(7)

Continued public hearing. No notice of a continued public hearing or a matter referred back to the zoning committee by the board of trustees is required.

(c)

Conduct of hearings.

(1)

Rights of all persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body may exclude irrelevant, immaterial, or unduly repetitious evidence.

(2)

Adjournment of hearing. The body conducting the hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the hearing body may find to be sufficient.

(3)

Testimony to be sworn. All testimony at any hearing shall be given under oath.

(4)

Right to submit written statements. Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard. Such statements shall be subscribed and sworn before an officer authorized to administer oaths and shall be made a part of the public record of the hearing.

(Code 1965, § 6-12-10; Ord. No. 00-14, § 2, 10-2-2000)

(a)

Substandard structures; eminent domain. The village may acquire by purchase, condemnation or otherwise any buildings or structures which do not conform to the standards fixed by the village under Illinois Municipal Code, article 11, division 13 (65 ILCS 5/11-13-1 et seq.), and all land which is necessary or appropriate for the rehabilitation or re-development of any area blighted by substandard buildings or structures; may remove or demolish all substandard buildings and structures so acquired; may hold and use any remaining property for public purposes; and may sell, lease or exchange such property as is not required for public purposes subject to the provisions of this article.

(b)

Proceedings to prevent violation. In case any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or of any ordinance or other regulations made under the authority conferred thereby, the proper village authorities, or any owner or tenant of real property in the same contiguous zoning district as the building or structure in question, in addition to other remedies, may institute any appropriate action or proceeding to:

(1)

Prevent the unlawful construction, reconstruction, alteration, repair conversion, maintenance or use.

(2)

Prevent the occupancy of the building, structure or land.

(3)

Prevent any illegal act, conduct of business or use in or about the premises.

(4)

Restrain, correct or abate the violation.

When any such action is instituted by an owner or tenant, notice of such action shall be served upon the village at the time suit is begun, by serving a copy of the complaint on the village mayor, no such action may be maintained until such notice has been given.

(c)

Penalties. Any person, firm or corporation, or agents, employees, or contractors of such, who violates, disobeys, omits, neglects or refuses to comply with, or who resists enforcement of any provision of this chapter, shall be subject to a fine of not more than $500.00 for each offense; and each day a violation continues to exist shall constitute a separate offense.

(d)

Validity. Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

(e)

Enforcement of community residence (group home regulations). The enforcement of all regulations in this Code pertaining to community residences (group homes), certifications, and the issuance of administrative permits shall be by the chairman of the zoning committee.

(f)

Standards for issuance of permits for community residence. No building permit or occupancy permit, administrative or otherwise, shall be issued for a community residence unless it is found that such application conforms with the following standards:

(1)

That it complies with zoning.

(2)

That it meets all the qualifications for a community residence (group home).

(3)

That it complies with all the provisions for spacing in the zoning district in which it is to be located and that it follows article 4 of the BOCA National Property Maintenance Code 1990 as to construction, safety, and occupancy; that if such residence is to be used by disabled persons with different types and degrees of environmental limitation, that such residence is constructed and equipped, or altered or converted, with structural changes for its accessibility and use; and that provision is made for staff whether live-in or non-live-in.

(4)

That it conforms to all health regulations and all fire regulations as set forth in the Life Safety Code, chapter 21, in addition to sprinklers and smoke detectors.

(5)

That it is duly licensed or certified by the appropriate governmental agency.

(6)

That adequate off-street parking is provided.

(7)

That parking on streets will not interfere with other resident street parking.

(8)

That the building is so designed that it will fit in with the character of the neighborhood at the proposed location and not create an institutional setting, that is, provide a home-like atmosphere.

(9)

Residences not licensed or certified which do not meet the criteria herein if granted a special use.

(Code 1965, § 6-12-11)