The Building Inspector shall enforce this ordinance, and, in addition thereto and in furtherance of said authority, he shall:

a.

issue all Zoning Certificates, and make and maintain records thereof;

b.

issue all Certificates of Occupancy, and make and maintain records thereof;

c.

conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this ordinance;

d.

maintain permanent and current records of the ordinance, including, but not limited to, all maps, amendments and special uses, variations, appeals and applications therefor.

All applications for zoning changes of all kinds whatsoever shall be filed with the Village Clerk who shall in turn transmit same to the appropriate board or commission for hearing. The Village Clerk shall arrange all necessary legal publication notices necessary for said meetings upon consultation with the Chairmen of the various boards and commissions before whom such hearings will be conducted.

16.3-1 Creation and Membership. There is hereby established a Zoning Board of Appeals, hereinafter referred to as Board of Appeals. The Board of Appeals shall consist of seven members appointed by the President of the Board of Trustees and confirmed by the Board of Trustees of the Village of McCullom Lake. The members of said Board of Appeals shall serve respectively for the following terms:

One (1) for one (1) year

One (1) for two (2) years

One (1) for three (3) years

One (1) for four (4) years

One (1) for five (5) years

One (1) for six (6) years

One (1) for seven (7) years

The successor of each member so appointed shall serve for a term of five years. Vacancies shall be filled by the President of the Board of Trustees of the Village. Members may be removed by the President for cause after written charges have been filed and after a public hearing has been held if demanded by the member so charged.

One of the members of the Board of Appeals shall be designated by the President of the Board of Trustees of the Village as Chairman of the Board of Appeals. Said Chairman shall hold office until a successor is appointed. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses.

The Village Clerk shall act as a clerk for the Board of Appeals and shall make and keep minutes of all the Board's meetings and a record of its official acts.

16.3-2 Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. There shall be at least fifteen days, but not more than thirty days, notice of the time and place of such meetings published in a newspaper of general circulation in the Village; said notice shall contain a statement of the particular purpose of such meeting and a description of the property or properties under consideration at such meeting sufficient to identify said property.

All meetings of the Board of Appeals shall be open to the public.

The minutes of each meeting shall show the vote of each member upon every question or, if absent, or failing to vote, indicating such fact. Findings of fact shall be included in the minutes of each case and the Board's recommendations to the Village Board of Trustees to grant or deny each application shall be specified. Every rule, regulation, and every order or requirement or decision of the Board of Appeals shall immediately be filed with the Village Clerk. Each and every record of the Board of Appeals shall be open to public inspection at reasonable hours.

The Board of Appeals shall adopt its own rules of procedure which shall also be filed with the Village Clerk. The rules shall be open to public inspection at reasonable hours.

Expenses incurred by the Zoning Board of Appeals are to be itemized and shall be borne by the Village.

16.3-3 Finality of Decision of the Zoning Board of Appeals. All decisions and findings of the Zoning Board of Appeals shall, in all instances, except as may otherwise be indicated, be deemed final administrative determinations and subject to judicial review as provided by law.

The Zoning Board of Appeals is hereby vested with jurisdiction and authority to:

a.

Hear and decide appeals from any order, requirement, decision, or determination by the Building Inspector;

b.

Conduct hearings on all applications for variations, special uses, and text amendments of this ordinance, in the manner and subject to the standards prescribed herein and to report its findings to the Village Board;

c.

Hear and decide all matters referred to it or upon which it is required to pass under this ordinance.

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department or employee of this Village unless the application for such permit has been examined by the Office of the Building Commissioner and has affixed to it a certificate of the Building Commissioner that the proposed building or structure complies with all the provisions of this ordinance. Any permit or certificate of occupancy issued in conflict with provisions of this ordinance shall be null and void.

Every application for a building permit shall be accompanied by:

1.

A plat of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a Land Surveyor or Civil Engineer licensed by the State of Illinois, as a true copy of the piece or parcel, lot, lots, block or blocks or portions thereof, according to the registered or recorded plat of such land; and

2.

A plat drawn to scale in such form as may, from time to time, be prescribed by the Building Commissioner, showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, and the use to be made of the building or structure or land, and such other information as may be required by the Building Commissioner for the proper enforcement of this ordinance.

a.

No building, or addition thereto, constructed after the effective date of this ordinance and no addition to a previously existing building shall be occupied, and no land vacant on the effective date of this ordinance shall be used for any purpose, until a certificate of occupancy has been issued by the Office of the Building Commissioner.

b.

No change in a use other than that of a permitted use in a district shall be made until the certificate of occupancy has been issued by the Office of the Building Commissioner. Every certificate of occupancy shall state that the use of occupancy complies with all the provisions of this ordinance.

16.7-1 Application for Occupancy Certificate.

a.

Every application for a building permit shall be deemed to be an application for an occupancy certificate.

b.

Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the Office of the Building Commissioner.

16.7-2 Issuance of Occupancy Permit.

a.

No occupancy certificate for a building or addition thereto constructed after the effective date of this ordinance, shall be issued, and no addition to a previously existing building shall be occupied until the construction is completed, and until the premises have been inspected and certified by the Office of the Building Commissioner to be in compliance with all requirements of this ordinance and standards that may be prescribed by the Village Board.

b.

Pending the issuance of a regular certificate, a temporary certificate which is valid for a period not to exceed six (6) months from its date of issuance may be issued during the completion of any building or addition permitting partial occupancy of the premises.

c.

An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reason why a certificate cannot be issued, not later than thirty (30) days after the Office of the Building Commissioner is notified in writing that the building or premises is ready for occupancy.

16.8-1 Purpose and Intent. The Zoning Board of Appeals may recommend to the Village Board variations of the regulations of this ordinance in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board makes a finding of fact based upon the standards hereinafter prescribed, that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this ordinance.

16.8-2 Application for Variation and Notice of Hearing. An application for variation shall be made as follows:

a.

The applicant shall file a verified petition for variation with the Village Clerk accompanied by a filing fee established by the Board of Trustees of the Village.

b.

Said verified petition shall set forth the facts and details concerning the proposed variation and shall have attached thereto a diagram or plan showing the result the proposed variation would have on the subject property.

c.

Said petition shall be filed prior to the date the notice of hearing hereinafter specified has been published in a local newspaper.

d.

The Chairman of the Zoning Board of Appeals shall set a date, a time, and a place for public hearing on the petition and shall inform petitioner of same. The petitioner shall cause notice of the public hearing on petitioner's application to be given as follows:

1.

By publishing notice of the date, time, and place of such hearing in a newspaper of general circulation in the Village not less than fifteen (15) days, and not more than thirty (30) days, prior to the hearing.

2.

By causing said notice to contain the particular location for which the variation is requested, as well as a brief statement describing the proposed variation. The legal description shall, in addition to the required metes and bounds or lot and block description, contain a simple description of the property as to area and location of such a nature to enable the ordinary reader to accurately locate such property.

3.

By sending copies of the notice of hearing to all property owners of property which is adjacent to, abutting, or across the road, street or alley from the property in question.

e.

The petitioner shall, within five (5) days after the notice of public hearing has appeared in the local newspaper, furnish the Village Clerk with eight (8) copies of the published notice.

f.

Should the Zoning Board of Appeals recommend to the Board of Trustees of the Village, that the [property] of the petition be granted, it shall be the obligation of the petitioner to cause a suitable ordinance to be drafted incorporating the finding and recommendation of the Zoning Board of Appeals for the consideration of the Board of Trustees of the Village.

16.8-3 Standards for Variations.

a.

The Zoning Board of Appeals shall not recommend the variation of the regulations of this ordinance, as hereinafter authorized in Section 16.8-4, unless it shall first make findings based upon the evidence presented to it in each specific case that:

1.

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

2.

The plight of the owner is due to unique circumstances;

3.

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

b.

For the purpose of implementing the above rules, the Board shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence:

1.

the particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

2.

the conditions upon which the petition for a variation is based would not be applicable, generally, to other property within the same zoning classification;

3.

the purpose of the variation is not based exclusively upon a desire to make more money out of the property;

4.

the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

5.

the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

6.

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

c.

The Zoning Board of Appeals may recommend to the Village Board that such conditions and restrictions be imposed upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this ordinance.

16.8-4 Authorized Variations. Variations from the regulations of this ordinance may be recommended by the Zoning Board of Appeals only in accordance with the standards set forth in Section 16.8-3 and may be recommended in the following instances and others:

1.

to permit any yard or setback less than the yard or setback required by the applicable regulations.

2.

to permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety (90) percent of the required area and width.

3.

to permit exceptions to the height regulations imposed hereunder.

16.8-5 Vote Required. The concurring vote of four members of the Zoning Board of Appeals shall be necessary to allow any variations.

16.8-6 Action by the Village Board.

a.

All findings and recommendations shall be turned over to the Village Board.

b.

The Village Board, after reviewing the report and recommendations of the Zoning Board of Appeals may, without further public hearing, adopt by ordinance any proposed variation with a necessary majority vote of Trustees.

16.9-1 Scope of Appeals.

a.

An appeal may be taken to the Zoning Board of Appeals by any person, firm, or corporation, or by any officer, department, or bureau aggrieved by a decision of the Office of the Building Inspector.

b.

Such appeal shall be taken within thirty days to the Zoning Board of Appeals by filing with the Village Clerk a Notice of Appeal. Said notice shall specify the grounds for the appeal, shall be made on a form prescribed by the Zoning Board of Appeals, and shall contain all the plats and exhibits necessary for the Board of Appeals to make a reasoned judgment.

c.

The Village Clerk shall forthwith transmit to the Board all of the papers constituting the records upon which the action appealed from was taken.

16.9-2 Findings on Appeal.

a.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Zoning Board of Appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Building Inspector and Zoning Board of Appeals and on due cause shown.

b.

The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a written decision on the appeal without unreasonable delay.

c.

The Board may affirm or may, upon the concurring vote of four (4) members, reverse, wholly or in part, or modify the order, requirement, decision or determination, as in its opinion ought to be done, and to that end shall have all the powers of the officer from whom the appeal is taken.

d.

The Building Inspector shall maintain complete records of all actions of the Board relative to appeals and shall keep the proper committee of the Village Board informed on a current basis of the disposition of each case.

16.10-1 Authority. For the purposes of promoting the public health, safety, morals, comfort, and general welfare, conserving the values of property throughout the Village, and lessening or avoiding congestion in the public streets and highways, the Village Board may, from time to time, in the manner hereinafter set forth, amend the regulations imposed and the districts created by this ordinance, provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for:

a)

[E]xisting conditions,

b)

[T]he conservation of property values,

c)

[T]he directions of building development to the best advantage of the entire Village, and

d)

[T]he uses to which property is devoted at the time of the adoption of any such amendatory ordinance.

16.10-2 Initiation of Amendment. Amendments may be proposed by the President, any Trustee, Building Inspector or by any interested person or other organization.

16.10-3 Hearing on Application.

a.

The Zoning Board of Appeals or the Plan Commission, shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Board.

b.

The hearing shall be conducted and a record of such manner as the Zoning Board of Appeals or Plan Commission, as appropriate, shall, by rule, prescribe from time to time.

16.10-4 Notice of Public Hearing.

a.

Notice of the time and place of such hearing shall be published at least once in a newspaper published, or of general circulation in the Village, not more than thirty (30) nor less than fifteen (15) days before such hearing.

b.

Supplemental or additional notices may be published or distributed as the Zoning Board of Appeals or Plan Commission, as appropriate, may, by rule, prescribe from time to time.

16.10-5 Findings of Fact and Recommendations of the Board.

a.

After the close of the hearing on a proposed amendment, the Zoning Board of Appeals or Plan Commission, as appropriate, shall make written findings of fact and shall submit same together with its recommendation to the Village Board.

b.

Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Zoning Board or Plan Commission, as appropriate, shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

1.

Existing uses of property within the general area of the property in question;

2.

The zoning classification of property within the general area of the property in question;

3.

The suitability of the property in question for uses permitted under the existing zoning classification;

4.

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.

c.

The Zoning Board of Appeals or Plan Commission, as appropriate, shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant.

d.

The Zoning Board of Appeals or Plan Commission, as appropriate, may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant.

e.

For the purpose of this section, the R-1 Residence District shall be considered the highest classification and the M-2 Manufacturing District shall be considered the lowest classification.

16.10-6 Action by the Village Board.

a.

The Village Board shall not act upon a proposed amendment to this ordinance until it shall have received a written report and recommendation from the Zoning Board of Appeals or Plan Commission, as appropriate, on the proposed amendment.

b.

The Board of Trustees of the Village of McCullom Lake may without further public hearing, adopt or deny the report of the Zoning Board of Appeals or Plan Commission for any proposed amendment.

c.

In cases where the Zoning Board of Appeals or Plan Commission, as appropriate, recommends that a proposed amendment not be adopted or in case of written protest against any proposed amendment, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered, filed with the Village Clerk, such amendment shall not be passed except by the favorable vote of two-thirds (⅔) of all Trustees of the Village. Any amendment not approved is denied.

d.

If an application for a proposed amendment is not acted upon by the Village Board within one (1) year of the date upon which said application is filed with the Village Clerk, it shall be deemed to have been denied.

16.10-7 Minimum Size of Parcel. A lot, lots, or parcel of land shall not qualify for a zoning amendment unless it possesses one hundred (100) feet of frontage or contains twenty thousand (20,000) square feet of area, or adjoins a lot, lots, or parcel of land which bears the same zoning district classification as the proposed zoning amendment.

16.11-1 Purpose.

a.

The development and execution of a zoning ordinance is based upon the division of the Village into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.

b.

It is recognized, however, that there are special uses which, because of their unique characteristics, cannot properly be classified in any particular district or districts without 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.

c.

Such special uses fall into two (2) categories:

1.

Uses publicly operated or traditionally affected with a public interest.

2.

Uses entirely private in character but of such a nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

16.11-2 Initiation of Special Use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this ordinance in the zoning district in which the land is situated.

16.11-3 Application for Special Use.

a.

An application for a special use shall be filed with the Building Inspector on a form prescribed by the Zoning Board of Appeals.

b.

The [a]pplication shall be accompanied by such plans and/or data prescribed by said Board and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in Section 16.11-6.

16.11-4 Hearing on Application. Upon receipt in proper form of the application and statement referred to in Section 16.11-3, the Zoning Board of Appeals shall hold a public hearing on such application, and at least fifteen (15) days but no[t] more than thirty (30) days, in advance of such hearing shall cause notice of the time and place of such hearing to be published once in a newspaper published in, or of general circulation in the Village.

16.11-5 Authorization.

a.

For each application for a special use the Zoning Board of Appeals shall report to the Village Board its findings and recommendations, including the stipulations or additional conditions, and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

b.

The Village Board may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty (20) percent of the frontage immediately adjoining the property proposed for a special use, or by the owners of twenty (20) percent of the frontage across an alley or directly opposite therefrom, filed with the Village Clerk, such special use shall not be granted except by the favorable vote of two-thirds (⅔) of all the Trustees of the Village.

16.11-6 Standards. No special use shall be recommended by the Board unless said Board shall find:

a.

That 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.

That 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 property values within the neighborhood;

c.

That 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;

d.

That adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided;

e.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in public streets;

f.

That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except in each instance as such regulations may be modified by the Village Board pursuant to the recommendation of the Zoning Board of Appeals.

16.11-7 Conditions and Guarantees.

a.

Prior to the granting of any special use the Zoning Board of Appeals may recommend, and the Village Board shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Section 16.11-6.

b.

In all cases in which special uses are granted the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

16.11-8 Effect of Denial of a Special Use. No application for a special use, which has been denied wholly or in part by the Village Board shall be resubmitted for a period of two (2) years from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Zoning Board of Appeals and the Village Board.

16.11-9 Revocation. In any case where a special use has not been established within one (1) year from the date of granting thereof, then without further action by the Zoning Board of Appeals or the Village Board, the special use authorization shall be null and void.

16.11-10 Limitation. Nothing herein contained shall be construed to give the power or authority to alter or change the Zoning ordinance or any use district made a part of the zoning map to the Zoning Board of Appeals or the Plan Commission, as the case may be; such power and authority is reserved [for] the Board of Trustees of the Village of McCullom Lake, and the Zoning Board of Appeals or the Plan Commission shall not have the power or authority with respect to any alterations or changes in the zoning ordinance or map except to make recommendations to the Board of Trustees of the Village of McCullom Lake in such specific cases as may properly come before the Zoning Board of Appeals or the Plan Commission.

Any fees for any zoning change shall be in the amount determined reasonable by resolution adopted by the President and Board of Trustees of the Village.

Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this ordinance shall be subject to a fine of not more than two hundred ($200.00) dollars or imprisonment for not more than six (6) months, or both, for each offense and each day a violation continues to exist shall constitute a separate offense.

SECTION 16.13.1-1 Definitions.

AWT: A ticket issued at the discretion of the McCullom Lake Police Department or McCullom Lake Building Department, in cases of violations under the Village's Zoning Ordinance.

SECTION 16.13.1-2 Jurisdiction. An AWT may be issued by the Police Department or the Building Department for violations of the Village's Zoning Ordinance.

SECTION 16.13.1-3 Procedure.

A.

At the discretion of the Police Officer of the Village or Building Department, authorized to issue citations, an AWT may be issued in lieu of a formal complaint being issued.

B.

The AWT program shall be administered with the primary intention of bringing violations into compliance with the applicable codes and ordinances of the Village. Therefore, any fine associated with an issued administrative warning ticket ("AWT") for any violation of any code or ordinance of the Village shall be eliminated if the violation has been corrected and brought into compliance with the code or ordinance for which the AWT was issued within thirty (30) days of the AWT being issued. If the violation has not been corrected by the thirtieth (30th) day after the issuance of the AWT, there shall be a fine of seventy-five ($75.00) for each day starting with the day the AWT was originally issued. Each day after the issuance of the AWT shall be a separate and continuing offense.

C.

If an AWT has been issued, the violating party may request an appeal of the AWT. Said appeal must be made in writing to the Village within seven (7) days after the AWT is issued. All hearings shall be held at the Village hall before the police committee of the Village not more than fourteen (14) days after the village's receipt of written request for hearing and with not less than forty-eight (48) hours written notice to the requesting party. After the hearing of evidence and testimony at such hearing, the committee shall make a recommendation to the board. If the board upholds the AWT, on that date, the thirty (30) day time period contained in subparagraph B shall begin to run. Otherwise, if the board determines that there is no violation or that the violation has been corrected, they shall dismiss the AWT. The board shall render a decision on any appealed AWT within twenty-one (21) days of the committee's recommendation. In any case where the board has not rendered a decision within that time period, the AWT shall be presumed to be dismissed.

D.

In order to bring compliance with Village codes and ordinances in cases where the thirty (30) day time period in subparagraph B has expired and fines have begun to accrue, any violation for which an AWT has issued which is not corrected by the forty-fifth (45th) day after the AWT has been issued, shall be issued an ordinance violation ("OV"). Said OV shall be referred to the Village Prosecutor for enforcement with the courts of McHenry County. The fines for said OV shall be commensurate with the code for which the AWT/OV was issued. In addition however, any fines accruing under the AWT shall be added to the total fines for the OV.

(Ord. No. 252, § 6, 6-12-01; Ord. No. 386, §§ 2, 3, 6-23-09)

In addition to other remedies, wherever provided, the Village may institute any appropriate action or proceeding as may be specified under the provisions of Section 73-9 of the Revised Cities and Village Act, as amended (Chapter 24, Illinois Revised Statutes, 1957, Section 73-9).