(A)

This chapter shall be enforced by the building commissioner. The commissioner is hereby empowered and it shall be his duty to administer this chapter in conjunction with the administration of such portions of the general ordinances of the village as are commonly designated as the building code, in such a manner as to facilitate their joint administration. For the purpose of enforcing this chapter, the authority vested in him under the building code is hereby declared to be vested in him under this chapter.

(B)

Appeal from the rulings of the building commissioner concerning the enforcement of the provisions of this chapter shall be made to the board of zoning appeals within such time as shall be prescribed by the board of zoning appeals by general rules.

(C)

Compliance certificates.

(1)

The building commissioner shall have the authority to issue compliance certificates regarding property in the village to the owner, lessee, buyer, or other person having a similar property interest in the real estate. A compliance certificate shall be issued in response to requests for certain types of information, or certifications regarding the same, when the request is not filed pursuant to the Illinois Freedom of Information Act. The compliance certificate may address the zoning of the property; uses permitted in the applicable zoning district; compliance with applicable zoning, parking, and building requirements; applicability or legality of subdivision requirements; approval of occupancy or use; applicability of recapture agreements; obligation to make or remove any improvements to undertake certain projects; applicability of non-conforming uses; ability to rebuild improvements in case of damage of destruction; pending ordinance violations or complaints regarding ordinance violations; and pending ordinances or other regulatory actions affecting the property.

(2)

The fee for issuance of a compliance certificate shall be a minimum of $200.00. The fee shall also include a surcharge representing the value of the time of village staff, including legal counsel, expended in responding to the request.

(3)

The building commissioner, upon consultation with the legal counsel, shall only include such matters in the certificate as he deems appropriate under the circumstances. The certificate need not contain all of the information listed above. Compliance certificates are issued only as a courtesy, and shall not be deemed to be an admission by the village, or any of its employees, agents or officials, of any of the facts stated therein. The village is not stopped from enforcing any ordinance violations by reason of contrary information or failure to include information in a compliance certificate.

(Ord. 96, passed 1-26-59; Am. Ord. 00-832, passed 9-20-00)

Cross reference— Building commissioner as zoning officer—duties, § 31.40.

(A)

The president of the village shall, subject to the confirmation by the board of trustees, appoint a board of zoning appeals, consisting of five members to serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years and one for five years, the successors to each member so appointed shall serve for a term of five years.

(B)

All meetings of the board of zoning appeals shall be held at the call of the chairman and at such other times as the board may determine. All hearings conducted by the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, and the reasons for recommending or denying the variation shall be specified. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision, or determination of the board shall be filed immediately in the office of the board and shall be a public record. The board shall adopt its own rules of procedure not in conflict with state law. Zoning board of appeals members shall be paid by the village $20.00 per member per meeting for services rendered to the municipality. The residents will not be charged a fee to pay the zoning board members.

(C)

Nothing herein contained shall be construed to give or grant to the board the power or authority to alter or change the zoning code, such power and authority being reserved to the village board of trustees. The board of zoning appeals shall not have any power or authority with respect to any alterations or change of the zoning code except to make recommendations to the village board of trustees in those specific cases as may properly come before the board of zoning appeals.

(Ord. 96, passed 1-26-59; Am. Ord. 84-412, passed 11-21-84)

(A)

Except as provided by this chapter and except after obtaining written permission from the enforcing officer, it shall be unlawful within the limits of the village to do any of the following.

(1)

Establish any use of a building, structure, or land, either by itself or in addition to another use.

(2)

Expand, change, or re-establish any nonconforming use.

(3)

Erect a new building, structure, or part thereof.

(4)

Rebuild, structurally alter, add to, or relocate any building, structure, or part thereof.

(5)

Reduce the open space or plot area required for a building or structure, or to include any part of the open space or plot area as that required for an adjoining building or structure.

(B)

Applications for permits, as required by Subsection (A) above, shall be filed in written form with the enforcing officer, shall state the legal description of the property as of public record and the name of the owner and applicant, shall describe the uses to be established or expanded, and shall give all other information required for the enforcement of this chapter. Each copy of the application shall be accompanied by a dimensioned drawing of the building plot, showing the location of buildings and structures, lot areas to be used, and auto parking areas. Building permits shall be issued in triplicate, one for the applicant, one for the village clerk, and the third to be retained in the files of the enforcing officer.

(C)

No building hereafter erected, enlarged, or altered, shall be occupied or used, in whole or in part, until a certificate of occupancy has been issued by the enforcing officer certifying that the building conforms to the provisions of this chapter and the building code. No change of occupancy or use shall be made that is inconsistent with the last issued certificate of occupancy for the building, unless the enforcing officer finds upon inspection that the building conforms substantially to the provisions of this chapter and the building code with respect to the proposed new occupancy and use.

(D)

No order of the village board of trustees permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a building permit for the erection or alteration is obtained within such period and the erection or alteration is started and proceeds to completion in accordance with the terms of the permit. No order of the village board permitting a use of a building or premises shall be valid for a period longer than six months unless the use is established within that period, provided, however, that where the use permitted is dependent upon the erection or alteration of a building, the order shall continue in force and effect if a building permit for the erection or alteration is obtained within the period and the erection or alteration is started and proceeds to completion in accordance with the terms of the permit.

(Ord. 96, passed 1-26-59)

(A)

Special uses. The following uses are special uses and may not be developed without a special use permit:

(1)

Agricultural, food and industrial research and development laboratories;

(2)

Amusement and recreation services;

(3)

Auto and home supply stores, with service bays;

(4)

Automotive repair shops;

(5)

Beer gardens;

(6)

Billiard parlors;

(7)

Bingo parlors;

(8)

Boat dealers;

(9)

Bowling alleys and skating rinks;

(10)

Car washes;

(11)

Commercial testing and laboratories;

(12)

Correspondence, business, secretarial and vocational schools;

(13)

Drive-in eating places;

(14)

Fuel dealers;

(15)

Gasoline service stations, including food service portions thereof;

(16)

Heavy construction equipment rental and leasing;

(17)

Hotels and motels;

(18)

Lumber and other building materials dealers;

(19)

Lumber and other construction materials;

(20)

Massage parlors;

(21)

Membership sports and recreation clubs;

(22)

Motion picture theaters;

(23)

Nightclubs, cabarets, discotheques and dance clubs;

(24)

Outdoor automatic teller machines, when not on the same property as a financial institution;

(25)

Outdoor live entertainment;

(26)

Outdoor seating accessory to permitted eating places/taverns;

(27)

Outdoor uncontained bulk storage;

(28)

Pawn shops;

(29)

Physical fitness facilities;

(30)

Public utility yards and facilities;

(31)

Public warehousing and storage;

(32)

Recycling facility and any other use regulated by the Illinois Environmental Protection Agency, but which does not require siting approval;

(33)

Scrap and waste materials;

(34)

Teen dances and parties open to the public for charge;

(35)

Tire retreading and repair shops;

(36)

Top, body and upholstery repair shops and paint shops;

(37)

Transitional service facility;

(38)

Truck rental and leasing;

(39)

Rental, sale and/or servicing of all types of commercial trucks and heavy duty trucks, including outside storage of such vehicles, equipment, parts and materials related thereto.

(40)

Parking of all types of commercial trucks and heavy duty trucks.

(41)

Adult-use cannabis cultivation center (G district only);

(42)

Adult-use cannabis craft grower (E or G district only);

(43)

Adult-use cannabis processing organization (G district only);

(44)

Adult-use cannabis infuser organization (E or G district only);

(45)

Adult-use cannabis dispensing organization (E or G district only);

(46)

Adult-use cannabis transporting organization (G district only).

(B)

Purpose. Special uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration, and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.

(C)

Procedure.

(1)

Application. Applications for special use permits shall be filed with the village clerk and heard by the zoning, planning and development commission. The fee for a special use permit application shall be $1,000.00.

(2)

Public hearing. The zoning, planning and development commission shall set, notice and conduct a public hearing on the application.

(3)

Action by zoning, planning and development commission. Within 60 days after the conclusion of the public hearing, the zoning, planning and development commission make a recommendation to the board of trustees to grant the application for a special use permit; to grant the application subject to conditions, or to deny the application. The failure of the zoning, planning and development commission to act within such 60 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the proposed special use permit.

(4)

Action by board of trustees. Within 65 days after the zoning, planning and development commission makes its recommendation, or its failure to act as above provided, the board of trustees shall either deny the application or, by ordinance duly passed, shall grant the special use permit, with or without modifications or conditions. The failure of the board of trustees to act within 65 days, or such further time to which the applicant may agree, shall be deemed a decision denying the special use permit.

(D)

Standards for special use permits.

(1)

General standards. No special use permit shall be granted pursuant to this section unless the applicant shall establish that:

(a)

Code and plan purposes. The proposed use and development will be in harmony with the general and specific purposes for which this Code was enacted and for which the regulations of the district in question were established.

(b)

No undue adverse impact. The proposed use and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area, or the public health, safety and general welfare.

(c)

No interference with surrounding development. The proposed use and development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.

(d)

Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries and schools, or the applicant will provide adequately for such services.

(e)

No traffic congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

(f)

No destruction of significant features. The proposed use and development will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.

(g)

Compliance with standards. The proposed use and development complies with all standards imposed on that use and any district where it is a permitted use.

(2)

Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the zoning, planning and development commission shall consider:

(a)

Public benefit. Whether and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service or facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.

(b)

Alternative locations. Whether and to what extent, such public goals can be met by the location of the proposed use and development at some other site or in some other area that may be more appropriate than the proposed site.

(c)

Mitigation of adverse impacts. Whether and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping and screening.

(E)

Conditions on special use permits. The zoning, planning and development commission may recommend and the board of trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this Code upon the premises benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. These conditions shall be expressly set forth in the chapter granting the special use. Violation of any such condition or limitation shall be a violation of this Code and shall constitute grounds for revocation of the special use permit.

(F)

Proof of compliance with conditions. Whenever any special use permit granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the building commissioner may require proof in such form as he deems appropriate that the applicant has met the conditions.

(G)

Effect of issuance of a special use permit. The grant of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the ordinances of the village.

(H)

Limitations on special use permits.

(1)

Subject to an extension of time granted by the building commissioner, no special use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun with that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.

(2)

A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.

(3)

Except when otherwise provided in the chapter granting a special use permit, a special use permit shall be deemed to relate to, and be for the benefit of, the use and property in question rather than the owner or operator of such use or property.

(I)

Amendments to special use permits. A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this section for its original approval.

(Ord. 96, passed 1-26-59; Am. Ord. 98-752, passed 7-15-98; Am. Ord. 19-1159, passed 11-20-19; Ord. No. 20-1181, § 3, 11-18-20)

(A)

When a property owner shows that a strict application of the terms of this chapter relating to the use, construction, or alteration of buildings or structures or the use of land imposes upon him practical difficulties or particular hardship, then the board of zoning appeals may recommend to the village board of trustees such variations of the strict application of the terms of this chapter as are in harmony with its general purpose and intent. The board shall be satisfied, under the evidence heard before it, that a granting of the variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the comprehensive plan by this chapter created and set forth, in the following instances.

(1)

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

(2)

To permit the reconstruction of a nonconforming building which has been destroyed or partially destroyed by fire or Act of God, where the board finds some compelling public necessity requiring a continuance of the nonconforming use. In no case shall a permit be issued if its primary function is to continue a monopoly.

(3)

To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the board deems reasonably necessary for the public convenience or welfare.

(4)

To recommend a variance where, by reason of an exceptional situation, surroundings or condition of a specific piece of property, or by reason of exceptional narrowness, shallowness, or shape of a specific piece of property of record, or by reason of exceptional topographical conditions, the strict application of any provision of this chapter would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of the property and amount to a practical confiscation of property as distinguished from a mere inconvenience to the owner. Relief can be granted only if there is no substantial detriment to the public good and no substantial impairment of the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this chapter.

(5)

To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which is made a part of this chapter.

(B)

In considering all appeals and all proposed variations to this chapter the board of zoning appeals shall, before making any recommendation to the village board of trustees for a variation from this chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets; increase the danger of fire or endanger the public safety; unreasonably diminish or impair established property values within the surrounding area; or in any other respect impair the public health, safety, comfort, morals, and welfare of the inhabitants of the village. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the building commissioner or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render decisions or to make recommendations to the village board of trustees.

(C)

No variation in any specific case shall be made by the village board of trustees without such hearing by the board of zoning appeals, nor without a report or recommendation thereof having been made by the board of zoning appeals. Every report shall be accompanied by a finding of fact specifying the reasons for the recommendation. Upon the report of the board of zoning appeals, the village board of trustees without further public hearing may adopt or deny any proposed variation or may refer the report back to the board of zoning appeals for further consideration. Any proposed variation which fails to receive the approval of four members of the board of zoning appeals shall not be passed except by the favorable vote of two-thirds of all elected members of the village board of trustees. In making any variation, the village board of trustees shall be governed by the same considerations and restrictions as apply to the board of zoning appeals in making recommendations as to variations in particular instances under Subsection (A)(4) above.

(Ord. 96, passed 1-26-59)

(A)

An appeal may be taken to the board of zoning appeals by any person or by any officer, department, board, or bureau of the village affected by a decision of the building commissioner. The appeal shall be taken within the time prescribed by the board of zoning appeals by general rule, by filing with the building commissioner and with the board of zoning appeals a notice of appeal specifying the grounds thereof. The building commissioner shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

(B)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building commissioner certifies to the board of zoning 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 this case, the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of zoning appeals or by a court of record on application, on notice to the building commissioner and on due cause shown.

(C)

The board shall select a reasonable time and place for the hearing of the appeal, give due notice thereof to the parties, and render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly-authorized agent or attorney.

(D)

The board of zoning appeals shall hear and decide appeals from any order, requirement, decision, or determination made by the building commissioner. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter.

(E)

The board may reverse or affirm wholly or partly or may modify or amend the order, requirement, decision, or determination appealed from to the extent and in the manner that the board may decide to be fitting and proper in the premises, and to that end the board shall also have all the powers of the officer from whom the appeal is taken.

(F)

The board shall make no recommendation except in a specific case and after a public hearing conducted by the board. A notice of the time and place of the public hearing shall be published in a paper of general circulation in the village at least 15 days previous to the hearing. The notice shall contain the address or location of the property for which the variation or other ruling by the board is sought, as well as a brief description of the nature of the appeal.

(Ord. 96, passed 1-26-59)

(A)

This chapter may be amended from time to time by the president and the board of trustees, but no amendment changing the regulations imposed or the districts created hereby shall be made without a public hearing thereon as herein set forth.

(B)

The board of zoning appeals is hereby designated to hold and conduct all public hearings on changes or amendments to this chapter changing the regulations imposed or the districts created by this chapter. Proposed changes or amendments may be initiated by the president and board of trustees, by the village plan commission, or by any one or more owners of real estate in the village. When any proposed change or amendment is initiated by an owner or owners of real estate in the village, it shall be by written petition in the form prescribed by general rule by the board of zoning appeals, signed by the owner or owners, and shall outline the changes so petitioned for.

(C)

The board of zoning appeals shall, in the case of each zoning proposed change or amendment, hold a public hearing thereon at the time and place in the village as it shall determine. Notice of this public hearing, indicating the changes or amendments proposed to be made in regulations or in the district boundary lines and the time and place of the hearing, shall be published at least 15 days in advance of the hearing in a newspaper of general circulation in the village. All interested persons shall be given an opportunity to present evidence and be heard at the hearing on the subject of the proposed change or amendment. The hearing may be adjourned from time to time. Within a reasonable time after the final adjournment of the public hearing, the board of zoning appeals shall report thereon in writing to the president and the village board of trustees giving its findings of fact and its conclusions and recommendations with respect to the proposed change or amendment and its reason therefor.

(D)

In case a written protest against any proposed amendment of the regulations or districts, signed by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjacent or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk before the adoption of any amendment, the proposed change or amendment shall not be passed except by a favorable vote of two-thirds of all of the village board of trustees.

(Ord. 96, passed 1-26-59)