Midlothian City Zoning Code

CHAPTER 2

ADMINISTRATION

11-2-1: VILLAGE BOARD OF TRUSTEES:

(A) Establishment: The village has previously established the village board of trustees.

(B) Powers And Duties: In addition to those powers and duties set forth in this code, the village board shall have the following powers and duties as established by the Illinois municipal code relative to building and zoning:

1. To make final decisions on applications for text and map amendments (section 11-2-15 of this chapter).

2. To make final decisions on applications for planned unit developments (chapter 15 of this title).

3. To make final decisions on special use applications (section 11-2-16 of this chapter).

4. To make final decisions on applications for variations (section 11-2-17 of this chapter).

5. To make final decisions on applications for subdivisions, subject to the subdivision regulations of this code.

6. To make final decisions on applications for annexations (section 11-2-20 of this chapter).

7. All other powers and duties set forth in the Illinois municipal code relative to building and zoning. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-2: PLAN COMMISSION:

(A) Establishment: The village has previously established the plan commission.

(B) Powers And Duties: In addition to those powers and duties set forth in this code, the plan commission shall have the following powers and duties relative to building and zoning:

1. To assist in the development and review of, and amendment to, the comprehensive plan, as requested by the village board.

2. To make recommendations to the zoning board of appeals and village board on preapplications for planned unit developments (chapter 15 of this title).

3. To make recommendations to the village board on applications for subdivisions, subject to the subdivision regulations of this code. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-3: ZONING BOARD OF APPEALS:

(A) Establishment: The village has previously established the zoning board of appeals .

(B) Powers And Duties: In addition to those powers and duties set forth in this code, the zoning board of appeals shall have the following powers and duties relative to building and zoning:

1. To hear and make recommendations to the village board on applications for text or map amendments (section 11-2-15 of this chapter).

2. To hear and make recommendations to the village board on applications for planned unit developments (chapter 15 of this title).

3. To hear and make recommendations to the village board on special use applications (section 11-2-16 of this chapter).

4. To hear and make recommendations to the village board on applications for variations (section 11-2-17 of this chapter).

5. To hear and make final decisions on appeals of administrative decisions (section 11-2-18 of this chapter) made by the superintendent of buildings or the site plan review committee.

6. To render zoning interpretations (section 11-2-19 of this chapter).

7. To hear and make recommendations to the village board on applications for annexations (section 11-2-20 of this chapter).

8. Any other powers and duties the village board gives it from time to time. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-4: SITE PLAN REVIEW COMMITTEE:

(A) Establishment: The village hereby establishes the site plan review committee. The site plan review committee shall be comprised of the superintendent of public works, the superintendent of buildings, the village engineer, if applicable, the fire chief, if applicable, the police chief, if applicable, and the health officer, if applicable. The village attorney shall be advised of all matters pending before the site plan review committee and shall be provided copies of all relevant documents. The village attorney shall provide legal advice to the site plan review committee, but shall not have any authority or power to make decisions.

(B) Powers And Duties: The site plan review committee shall review and make final decisions on site plan review (section 11-2-14 of this chapter). (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-5: SUPERINTENDENT OF BUILDINGS:

(A) Establishment: The village has previously established the position of superintendent of buildings.

(B) Powers And Duties: In addition to those powers and duties set forth in this code, the superintendent of buildings, or his/her designee, shall have the following powers and duties relative to building and zoning:

1. To review requests for, and issue, building permits (section 11-2-10 of this chapter), sign permits (section 11-2-13 of this chapter) and certificates of occupancy (section 11-2-11 of this chapter), and maintain records thereof.

2. To review and make final decisions for requests for zoning certificates (section 11-2-12 of this chapter).

3. To conduct inspections of buildings and structures to determine compliance with the terms of this title and other applicable ordinances.

4. To enforce the provisions of this title and to issue notices of violations.

5. To perform such other duties as may be requested by the village board including, but not limited to, providing assistance and advice as may be required to various boards, commissions, committees and agencies of the village.

6. To serve on the site plan review committee.

7. All other powers and duties set forth in this code and/or given by the village president. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-6: VILLAGE CLERK:

(A) Establishment: The village pursuant to the Illinois municipal code has previously established the position of village clerk.

(B) Powers And Duties: In addition to those powers and duties set forth in this code, the village clerk, or his/her designee, or other official to whom such duties and powers are delegated by the village board, shall have the following powers and duties relative to zoning:

1. To maintain permanent and current records of this title including, but not limited to, all maps, amendments, special uses, variations, appeals, interpretations and applications thereof.

2. To receive, file and forward to the superintendent of buildings, the site plan review committee, the plan commission and/or zoning board of appeals applications for special uses, amendments, variations, planned unit developments, appeals, annexations and subdivision applications.

3. To receive recommendations from the plan commission on planned unit developments and transmit the same to the zoning board of appeals and village board.

4. To receive recommendations from the plan commission on subdivision applications and transmit same to the village board.

5. To receive recommendations from the zoning board of appeals on applications for special uses, amendments, variations, annexations and planned unit developments, and transmit the same to the village board.

6. All other powers and duties prescribed in the Illinois municipal code. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-7: APPLICATIONS:

(A) Authorization: An application for a special use, variation, site plan review, appeal, or planned unit development may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application. An application for annexation, a map or text amendment, or request for a zoning interpretation may be filed by an owner, lessee, agent or contract purchaser of property located in the village or may be initiated by the village.

(B) Filing: An application for a special use, variation, appeal, interpretation, text or map amendment, annexation and planned unit development shall be filed with the village clerk. An application for a building or sign permit, certificate of occupancy, zoning certificate, or site plan review shall be filed with the superintendent of buildings. The application shall be on forms provided by the village and shall be filed in such number as the instructions provide. All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal. The application shall include information, plans and data specified as submission requirements sufficient to determine whether the application will conform to the requirements set forth in this title.

(C) Completeness: The superintendent of buildings or village clerk shall determine whether the application is complete. If the application is not complete, the superintendent or village clerk shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied in writing within fourteen (14) days. All applications shall be granted, denied or scheduled for public hearing within thirty (30) days. Any application that has not been granted, denied or scheduled for public hearing within thirty (30) days shall be considered denied. Once the superintendent or village clerk has determined that the application is complete, the application shall be scheduled for consideration at a public hearing, where applicable.

(D) Fees: Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the village board. The failure to pay such fee when due shall be grounds for refusing to process the application, and for denying or revoking any permit or approval for the subject property. No fees shall be waived, and no fees shall be refunded, except those authorized by the village board in its sole discretion. Fees shall be established by the village board by resolution. A current fee schedule shall be kept on file in the office of the village clerk and shall be available to the general public during normal business hours.

(E) Withdrawal Of Application: An applicant shall have the right to withdraw an application at any time prior to the decision on the application by a village official, commission or board. Such withdrawal shall be in writing. There will be no refund of fees.

(F) Successive Applications: Once an application is denied, the applicant shall not be allowed to file a substantially similar application until one year after the date of denial of the original application unless there is substantial new evidence available or if a significant mistake of law or of fact affected the prior denial. Such subsequent applicant shall include a detailed statement of the grounds justifying its consideration. The superintendent of buildings shall make a determination as to whether the subsequent application is making substantially the same request. If the superintendent finds that there are no grounds for consideration of the subsequent application, he/she shall summarily, and without hearing, deny the request. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-8: PUBLIC HEARINGS:

(A) Conduct Of Public Hearings:

1. Public hearings will be conducted at meetings of the zoning board of appeals, plan commission or village board, or at other such times as decided by the chairperson, with the approval of a majority of the body conducting the hearing.

2. Minutes of each public hearing will be distributed with the agenda for the next regular meeting of the body conducting the hearing, or as soon as a copy is available.

3. The procedure for public hearings shall be as follows:

(a) Call to order and roll call.

(b) The chairperson opens the public hearing for the application(s).

(c) The chairperson presents a brief explanation of the public hearing procedure and swears in those wishing to give testimony.

(d) The secretary of the body conducting the hearing or his/her designee presents the application before the body conducting the hearing:

(1) The secretary or his/her designee enters the application into the record by describing each accompanying exhibit with its title and number.

(2) The secretary or his/her designee reads any part of the application or exhibits as deemed necessary, or as requested by a member of the body conducting the hearing or member of the public in attendance at the hearing.

(e) Applicant presents testimony regarding the petition and associated applications. The initial oral presentation by the applicant shall be limited to ten (10) minutes for simple applications and thirty (30) minutes for complex applications. The chairperson of the body conducting the hearing may permit an extension of time if he or she determines that the allotted time does not provide sufficient opportunity to fairly present the application.

(f) Questions are directed to the applicant by the body conducting the hearing and public hearing attendees.

(g) Presentation of testimony from others regarding the petition and associated applications.

(h) Rebuttals testimony.

(i) Follow up questions from the body conducting the hearing.

(j) Discussion of evidence gathered relative to the findings of fact by the body conducting the hearing.

(k) Hearing closed or continued by the approval of a motion of the body conducting the hearing. If the hearing is closed, the body conducting the hearing shall not accept any comment regarding the petition from anyone outside the body conducting the hearing, except:

(1) The hearing may be reopened on written motion within fourteen (14) days after the close of the hearing, but only for the following reasons:

A. A report based on evidence presented at the public hearing.

B. Any person presenting information in response to a specific question from the body conducting the hearing.

C. Any person presenting testimony that directly rebuts sworn testimony presented at the hearing.

(B) Continuances: The chairperson, with approval of the body conducting the hearing, may change or continue the regular public hearing date and time. In order to reopen the hearing, no new notice shall be required if a hearing is continued to a date specified, provided that a public announcement of the future date, time and place of the continued hearing is made at the hearing and placed in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing, all notices must be given that would have been required for the initial public hearing.

1. All interested parties may appear for themselves or be represented by a person of their choosing. Written statements will be accepted prior to the hearing to be entered into the public hearing record.

2. All testimony and evidence shall be given under oath, or by affirmation, to the body conducting the hearing. Any person may appear at a hearing and submit evidence, upon receiving recognition from the chairperson of the body conducting the hearing. Each person who submits evidence shall identify themselves and their address. Any person may ask relevant questions of other witnesses, but only through the chairperson and at the discretion of the chairperson.

3. The chairperson, with consent of two-thirds (2/3) of the body conducting the hearing, may limit testimony to a specific amount of time to provide a reasonable opportunity for all interested persons to testify.

4. The body conducting the hearing is not bound by strict rules of evidence, but the chairperson may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence.

(D) Minutes Of Public Hearings: Minutes of all public hearings shall be kept on file in the office of the village clerk. Copies shall be available, upon request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-9: PUBLIC NOTICES:

(A) Published Notices: For all applications that require a public hearing, the village shall cause a notice to be published in a newspaper of general circulation within the village. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant, and the address of the subject property. Such notice shall be published not less than fifteen (15) days, nor more than thirty (30) days, in advance of the scheduled hearing date.

(B) Posted Sign Notices: In addition to the required published notice, the applicant shall be required to post a sign on the subject property for all applications for special uses, zoning map amendments, planned unit developments, and variations, in accordance with the following provisions:

1. Location And Time Period For Posting Signs: The required posting period shall be seven (7) consecutive days, immediately prior to the hearing date (excluding the day of the hearing from the 7 day period). The sign shall be posted at a prominent location on the property, near the sidewalk or public right of way so that it is visible to passing pedestrians and motorists. Properties with more than one street frontage shall be required to post one sign visible from each street frontage.

2. Applicant's Responsibility For Posting Signs: Any applicant required to post a sign under this provision shall acknowledge receipt of a copy of these requirements at the time the application is accepted by the village. It is the applicant's responsibility to obtain a sign from the village and to verify the correct hearing date, time and place with the village. Further, it is the applicant's responsibility to erect the sign on the property and maintain it during the required seven (7) day period. The applicant shall verify to the zoning board of appeals at the time of the hearing that the sign posting requirement has been complied with and the zoning board of appeals may, by motion, waive defects in said compliance.

3. Content Of Posted Signs: The sign to be conspicuously posted on the subject property shall be provided by the village and shall notify the public of the scheduled hearing time, date and location in, substantially, the following form:

NOTICE - PUBLIC HEARING

A PENDING APPLICATION FOR DEVELOPMENT OF THIS PROPERTY IS TO BE REVIEWED AT A PUBLIC HEARING THAT IS SCHEDULED ON (DATE) AT (TIME) AT THE MIDLOTHIAN VILLAGE HALL LOCATED AT 14801 S. PULASKI ROAD. A COPY OF THIS APPLICATION CAN BE REVIEWED OR PURCHASED AT THE VILLAGE CLERK'S OFFICE.

4. Sign Deposits: At the time the sign is issued by the village, the applicant shall provide a sign deposit in an amount specified by the village to cover the cost of the sign. This fee shall be established by the village board. A current copy of the fee schedule shall be made available at the office of the village clerk. This deposit shall be returned to the applicant at the time the sign is returned to the village and shall be forfeited if the sign is not returned within three (3) days of the public hearing or is returned in a damaged condition.

5. Failure To Post: Failure to post for the required time will require the continuance of the public hearing until all notice requirements are met, or denial of the application.

(C) Notice To Other Property Owners: Notice shall be as set out in section 11-13-7 of the Illinois municipal code and shall include:

1. An applicant for special use shall, not more than thirty (30) days before filing an application for special use with the zoning board of appeals, serve written notice, either in person or by registered mail, return receipt requested, on the owners, as recorded in the office of the recorder of deeds or the registrar of titles of the county in which the property is located and as appears from the authentic tax records of such county, of all property within two hundred fifty feet (250') in each direction of the location for which the special use is requested; provided the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. The notice herein required shall contain the address of the location for which the special use is requested, a brief statement of the nature of the requested special use, the name and address of the real and beneficial owner of the property for which the special use is requested, a statement that the applicant intends to file an application for special use and the approximate date on which the application will be filed. In addition to serving the notice herein required, at the time of filing application for special use, the applicant shall furnish to the zoning board of appeals a complete list containing the names, last known addresses and tax numbers (PIN numbers) of the owners of the property required to be served, the method of service and the names and last known addresses of the owners of the service and the names and addresses and tax numbers (PIN numbers) of the persons so served. The applicant shall also furnish a written statement certifying that he or she has complied with the requirements of this subsection. The zoning board of appeals shall hear no application for special use unless the applicant for special use furnishes the list and certificate herein required. The zoning board of appeals shall, not more than thirty (30) days nor less than fifteen (15) days before the hearing at which the application for special use is to be considered, send written notice to the persons appearing on the list furnished by the applicant, which notice shall contain the time and place of the hearing, the address of the location for which the special use is requested and the name and address of the applicant for special use and a brief statement of the nature of the special use requested.

2. The zoning board of appeals shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the village not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.

(D) Public Examination And Copying Of Applications And Other Documents:

1. During normal business hours, any person may examine the application and material submitted in support of, or in opposition to, the application, subject to the exceptions set forth in the freedom of information act.

2. Upon reasonable request, any person shall be entitled to copies of the application and related documents. The superintendent of buildings or village clerk shall make copies for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-10: BUILDING PERMITS:

(A) Establishment: The village has previously established the process for obtaining a building permit as set forth in title 4, chapter 3 of this code.

(B) Applicability: No building or site improvement, including patios, driveways, sidewalks and/or other paved areas, shall be initiated until the village has issued a building permit. A building permit shall not be issued until the following permits, certificates and/or approvals are obtained:

1. Zoning certificate, if applicable.

2. Site plan approval, if applicable.

3. Special use approval, if applicable.

4. Planned unit development approval, if applicable.

5. Approval of a variation, if applicable.

6. Approval of a zoning map amendment, if applicable.

7. Approval of an annexation, if applicable.

(C) Authority And Execution: The superintendent of buildings, or his/her designee, shall be responsible for determining compliance with this title and all other applicable ordinances, prior to issuance of a building permit. In accordance with section 4-3-7 of this code, the superintendent of buildings will accept or reject the application for a building permit within fifteen (15) days.

(D) Records Of Building Permits: A record of all building permits shall be kept on file in the office of the superintendent of buildings and copies shall be available, upon request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk for the time period required under state statutes.

(E) Fees: Fees shall be established by the village board via resolution or ordinance. A current copy of the fee schedule shall be available, upon request, in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-11: CERTIFICATE OF OCCUPANCY:

(A) Establishment: The village has previously established the process for obtaining a certificate of occupancy.

(B) Applicability: No building or site shall be used or occupied, in whole or in part, for any purpose, until the village has issued a certificate of occupancy. A certificate of occupancy shall not be issued until pertinent requirements are fulfilled or complied with, and the building department conducts the final inspection.

(C) Authority And Execution: The superintendent of buildings, or his/her designee, shall be responsible for determining compliance with this title and all other applicable ordinances, prior to issuance of a certificate of occupancy. If approved, the certificate of occupancy shall be issued within five (5) business days after the erection or alteration of such building has been completed, written notification of completion is submitted and the village has received request for a certificate of occupancy. If denied, written notice to the applicant specifying the reasons why the request is denied, will be issued no later than five (5) business days after the village has been notified in writing that the building or structure is ready for occupancy. Issuance of a certificate of occupancy shall also comply with the requirements of section 4-3-15 of this code.

(D) Continuance Of Present Occupancy Of Existing Building: Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary for safety of life and property.

(E) Temporary And Conditional Certificate Of Occupancy: The superintendent of buildings, or his/her designee, may issue a temporary or conditional certificate of occupancy to allow the premises to be occupied for the proposed use. Such certificate shall become final only upon full compliance with this title and this code, and approval by the superintendent of buildings.

(F) Posting: The certificate of occupancy shall be dated and signed by the superintendent of buildings, or his/her designee, and shall identify the approved use or occupancy of the building, site or structure. The certificate shall state that the use or occupancy complies with the terms of this title and this code. Every certificate of occupancy for a nonresidential use shall be permanently posted in a prominent place on the premises at all times.

(G) Fees: The fee for obtaining a certificate of occupancy shall be assessed at the time when the building permit fees are assessed. Fees shall be established by the village board. A current copy of the fee schedule shall be available, upon request, in the office of the village clerk.

(H) Records Of Certificates Of Occupancy: A record of all certificates of occupancy shall be kept on file in the office of the superintendent of buildings for five (5) years and copies shall be available on request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-12: ZONING CERTIFICATES:

(A) Establishment And Purpose: The village hereby establishes the process for obtaining a zoning certificate. The purpose of a zoning certificate is to promote compliance by establishing a procedure for the village to certify that the application complies with all standards of this title prior to issuance or renewal of a building permit, certificate of occupancy, business license, and/or establishment of a home occupation. The zoning certificate shall be in the form of a "checkbox" on the above listed applications that, when marked, indicates compliance with this title.

(B) Applicability: No building or site shall be used or occupied, in whole or in part, for any purpose, until a zoning certificate has been issued stating that the use, building, and site improvements comply with the provisions of this title. A zoning certificate shall be issued prior to issuance of a building permit, certificate of occupancy, business license, and/or establishment of a home occupation.

(C) Authority And Execution: The superintendent of buildings, or his/her designee, shall be responsible for issuing zoning certificates.

(D) Fees: Fees shall be established by the village board. A current copy of the fee schedule shall be made available, upon request, in the office of the village clerk.

(E) Records Of Zoning Certificates: A record of all zoning certificates shall be kept on file in the office of the superintendent of buildings and copies shall be available, upon request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-13: SIGN PERMITS:

(A) Establishment: The village has previously established the process for issuance of a sign permit.

(B) Applicability: No sign, except those identified as exempt in chapter 14, "Signs", of this title, shall hereafter be erected, constructed, altered or relocated without first obtaining a sign permit.

(C) Authority And Execution: The superintendent of buildings shall be responsible for determining compliance with this title prior to issuance of a sign permit. Application for a sign permit in which electrical wiring and/or connections are to be used shall also be reviewed by the electrical inspector.

(D) Permit Application: Application for a permit to erect, relocate or structurally alter a sign shall be made on forms provided by the superintendent of buildings, or his/her designee, and shall contain and have attached the following information:

1. Name, address and phone number of the applicant.

2. Location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected and the location on the lot where the sign will be erected.

3. The position of the sign or other advertising structure in relation to nearby buildings or structures.

4. The dimensions of the lot on which the sign is to be erected. In cases involving wall signs, the dimensions of the wall to which the sign will be attached, or painted on, are required.

5. A blueprint, an ink drawing or a computer generated drawing of the plans and specifications and methods of construction and attachment to the building or in the ground. The blueprint or drawing must show the dimensions of the sign, surface area (in square feet) of the sign, and height of the sign from the ground to the bottom of the sign.

6. In cases of freestanding signs over ten feet (10') in height, all projecting signs, all marquees and all canopies, a written statement from a structural engineer or a manufacturer which indicates the structure's ability to withstand local wind pressures and to meet all other ordinances of the village is required.

7. The name of the person erecting the structure.

8. Any required electrical permit.

9. Written consent of the owner of the building, structure or land to which the structure is being erected or attached.

10. An insurance policy as required by subsection (H) of this section.

11. Such other information as the superintendent of buildings, or his/her designee, shall require to show full compliance with this title and all other laws and ordinances in the village.

12. The appropriate sign permit fee as established.

(E) Fees: Fees shall be established by the village board. A current copy of the fee schedule shall be kept on file in the office of the village clerk.

(F) Permit Issuance: Upon the filing of an application for a permit for erection, alteration or relocation of a sign, the superintendent of buildings, or his/her designee, shall:

1. Examine the plans and specifications and the premises upon which the proposed structure shall be erected.

2. An application for sign permit shall be approved or denied within thirty (30) days of submittal of an application. If additional information is needed, the applicant will be notified within three (3) business days. The applicant shall have seven (7) calendar days after said notification to provide such additional information. If the applicant fails to provide said information within seven (7) calendar days, the review of the application will be made and decision made based on the documentation and information originally submitted by the applicant. If the application is not approved or denied within the thirty (30) day period, the sign permit is deemed denied. The application can be denied only if it violates a specific provision or provisions of this code and the superintendent of building (or his or her designee) shall specify the provision or provisions of this code which the application violates. Said denial shall be issued in writing.

3. Issue a permit if the structure complies with the requirements of this title and all other ordinances of the village within thirty (30) days. If the work authorized under an erection permit is not completed within six (6) months after the date of issuance, the permit becomes null and void.

(G) Approval Of Electrified Signs: The application for a permit for the erection of a sign or other advertising structure in which electrical wiring and connections are to be used shall be submitted to the superintendent of buildings, or his/her designee, and shall include a wiring diagram with specifications on all wiring and connections. The electrical inspector shall examine the plans and specifications regarding all wiring and connections to determine if they comply with the electrical code of the village and shall approve the permit if the plans and specifications comply with the code. A decision by an electrical inspector determining compliance with the village electrical code shall be made in compliance with title 4 of this code.

(H) Certificate Of Insurance: Before a permit shall be issued for any sign to be erected on a location which is adjacent to a public sidewalk or thoroughfare, and is closer to the lot line of the lot on which it is erected than a distance less than the height of the sign, plus ten percent (10%), the applicant shall submit to the village a certificate of insurance showing the village as an additional insured with bodily injury insurance of at least one million dollars ($1,000,000.00) each person, and one million dollars ($1,000,000.00) each occurrence and property damage coverage of five hundred thousand dollars ($500,000.00) each occurrence. The policies of insurance shall be with companies approved by the village board. In the event said insurance expires or is cancelled, the sign shall be immediately removed or be considered an unlawful sign.

(I) Records Of Sign Permits: A record of all sign permits shall be kept on file in the office of the superintendent of buildings and copies shall be available on request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-14: SITE PLAN REVIEW:

(A) Establishment And Purpose: The site plan review process is hereby established to promote orderly development and redevelopment in the village and to ensure such development or redevelopment occurs in a manner that is harmonious with surrounding properties, is consistent with the comprehensive plan, and promotes the general welfare of the village. This section provides standards by which to determine and control the physical layout and design to achieve the following purposes:

1. Compatibility of land uses, buildings and structures.

2. Protection and enhancement of community property values.

3. Efficient use of land.

4. Minimization of traffic, safety hazards and overcrowding problems.

5. Minimization of environmental problems.

(B) Applicability:

1. Site plan review shall be required for all permitted uses that are subject to discretionary review and for every application for a building permit, including those for new construction, additions and site improvements. This requirement shall not apply to those building permits for construction that is limited to interior remodeling or exterior building modifications that do not enlarge the building. This section shall not apply to any request for building permits for detached single-family dwellings or accessory structures to detached single-family dwellings.

2. No building permit shall be issued unless, and until, site plan approval has been granted. A zoning certificate shall also be required as part of the site plan review process. This requirement shall be waived when proposed development is subject to special use, variation, annexation or planned unit development review.

(C) Authority And Execution: Applications for building permits shall be submitted for review to the site plan review committee. The site plan review committee shall approve, approve with conditions, recommend modifications or deny the site plan applications within thirty (30) days of receipt of a complete application.

(D) Standards For Site Plan Review: The scope of site plan review includes the location of principal and accessory structures, infrastructure, open space, landscaping, exterior lighting, traffic movement and flow, number of parking spaces, design of parking lots, and location of landscaping and screening. In reviewing site plans, the site plan review committee shall evaluate the relationship of the site plan to adopted land use policies, and the goals and objectives of the comprehensive plan. In addition, the site plan review committee shall evaluate the following characteristics:

1. The arrangement of the structures and buildings on the site to:

(a) Allow for the effective use of the proposed development.

(b) Allow for the efficient use of the land.

(d) Respond to off site utilities and service conditions, and minimize potential impacts on existing or planned municipal services, utilities and infrastructure.

(e) Protect the public health, safety and general welfare.

(f) Conform to the requirements of this title and other applicable regulations.

2. The arrangement of open space or natural features on the site to:

(a) Create a desirable and functional environment for patrons, pedestrians and occupants.

(b) Preserve unique natural resources, where possible.

(d) Respect desirable natural resources on adjacent sites.

(e) Design drainage facilities to promote the use and preservation of natural watercourses and patterns of drainage.

(f) Avoid unnecessary or unreasonable alterations to existing topography.

3. The organization of circulation systems to:

(a) Provide adequate and safe access to the site.

(b) Minimize potentially dangerous traffic movements.

(d) Minimize curb cuts.

4. The design of off street parking lots or garages to:

(a) Minimize adverse impacts on adjacent properties.

(b) Promote logical and safe parking and internal circulation.

5. The design of landscape improvements and related features to:

(a) Create a logical transition to adjoining lots and developments.

(b) Screen incompatible uses.

(d) Utilize plant materials suitable to withstand the climatic conditions of the village and microclimate of the site.

(e) Promote and enhance the appearance and image of the village.

6. Site illumination that is designed, located and installed in a manner that will minimize adverse impacts on adjacent properties.

7. Conformance of the proposed development with the goals and policies of the comprehensive plan, and all village codes and regulations.

(E) Fees: Fees shall be established by the village board by resolution or ordinance. A current copy of the fee schedule shall be available, upon request, in the office of the village clerk.

(F) Records Of Site Plan Reviews: The superintendent of buildings shall keep a record of all site plan review requests on file for the time period required by state statute. Copies shall be available, upon request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-15: ZONING TEXT AND MAP AMENDMENTS:

(A) Establishment And Purpose: The village has previously established the process for amending the zoning ordinance text or map. This process is intended to permit modifications in response to changed conditions or changes in village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

(B) Initiation Of Amendments: The village, or any person having a right of ownership of any property in the village, may propose map or text amendments. All applications for map or text amendments shall be filed with the village clerk in accordance with the requirements in section 11-2-7, "Applications", of this chapter. Any amendments initiated by the village shall require an application but shall be exempt from fees.

(C) Authority And Execution: The village board, after receiving a recommendation by the zoning board of appeals, shall take formal action on requests for map or text amendments.

(D) Procedure:

1. Acceptance Of Application By Village Clerk: Upon receipt of an application, the village clerk shall review the application for completeness. The village clerk shall refer the application to the site plan review committee for their review and schedule the application for an upcoming zoning board of appeals agenda for consideration.

2. Site Plan Review: The site plan review committee shall review the application, related documentation and plans in accordance with section 11-2-14 of this chapter. Their findings shall be submitted along with the completed application to the zoning board of appeals.

3. Recommendation By Zoning Board Of Appeals:

(a) The zoning board of appeals shall hold a public hearing in accordance with section 11-2-8, "Public Hearings", of this chapter, that will be held within thirty (30) days of the filing of the completed application, unless the zoning board of appeals is unable to meet for any reason, in which case the application will be heard at the next meeting. Notice for the public hearing shall be in accordance with section 11-2-9, "Public Notices", of this chapter.

(b) Within thirty (30) days of the close of the public hearing, the zoning board of appeals shall forward its findings of fact and recommendation of either approval, approval with conditions, or denial on applications for zoning text amendments to the village board. The zoning board of appeals may recommend either approval or denial on applications for zoning map amendments.

4. Action By Village Board: The village board shall consider the application within thirty (30) days of receiving the findings of fact and recommendation from the zoning board of appeals but may postpone final decision for an additional thirty (30) days for any reason. The village board may take action in the form of approval, approval with conditions, or denial on applications for zoning text amendments. The village board may take action in the form of approval or denial on applications for zoning map amendments. The village board may also refer the matter back to the zoning board of appeals for further consideration.

(E) Standards For Zoning Text And Map Amendments: The zoning board of appeals recommendation and village board decision on any zoning amendment, whether text or map amendment, is a matter of legislative discretion that is not controlled by any one standard. However, in making their recommendation and decision, the zoning board of appeals and village board shall consider the following factors:

1. For both zoning text and map amendments:

(a) The extent to which the proposed amendment is consistent with the goals, objectives, and policies of the village comprehensive plan.

(b) The extent to which the proposed amendment creates nonconformities.

2. Additional standards for zoning text amendments: The extent to which the proposed amendment is consistent with the purposes of this title.

3. Additional standards for zoning map amendments:

(a) The suitability of the subject property for uses permitted or permissible under its present zoning classification.

(b) The existing uses and zoning classifications of properties in the vicinity of the subject property.

(d) The length of time that the property has been vacant as compared to development activities occurring in the vicinity.

(e) The adequacy of public facilities and services to serve the subject property including, but not limited to, streets, utilities, parks, and police and fire services.

(f) The extent, if any, to which a reasonable economic benefit can be realized from uses permitted by the existing zoning and the extent, if any, to which the value of the subject property is diminished by the existing zoning classification applicable to it.

(g) The extent, if any, to which such diminution in value is offset by the need to promote the public health, safety, comfort, convenience and general welfare.

(h) The extent, if any, to which use and enjoyment of adjacent properties would be affected by the proposed rezoning and the extent, if any, to which the value of adjacent properties would be affected by the proposed rezoning.

(i) The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its current zoning classification.

(j) The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment and the potential effect of the proposed amendment on the character of future development if applied generally to other uses in the zoning district or within the village as a whole.

(F) Written Protest: In the case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged either by the owners of twenty percent (20%) of the frontage proposed to be altered, or twenty percent (20%) of the frontage immediately adjacent to or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage abutting or directly opposite the frontage proposed to be altered, the amendment shall not be passed except by a favorable vote of majority of the members of the village board then holding office. In such cases, a copy of the written protest shall be served, by the protestor, to both the applicant for the proposed amendment and the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

(G) Fees: Fees are established by the village board as may be amended from time to time. A current copy of the fee schedule shall be made available, upon request, in the office of the village clerk.

(H) Records Of Zoning Map And Text Amendments: A record of all zoning map and text amendments shall be kept on file by the village clerk and copies shall be available on request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-16: SPECIAL USES:

(A) Establishment And Purpose: The village has previously established the process for considering applications for special uses. This title is based upon the division of the village into districts, within which the use of land and buildings and the bulk and location of buildings or structures are essentially uniform. However, there are special uses, which, because of their unique character, cannot be properly classified in a particular district(s) without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use at the particular location. The special use process addresses these unique circumstances and regulates such uses to protect the public health, safety, comfort, convenience and general welfare. Such special uses fall into two (2) categories:

1. Uses operated by a public agency or publicly related utilities, or uses traditionally maintained for the public interest.

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

(B) Initiation Of Special Uses: Any person having a right of ownership or right of possession in any property in the village may request a special use. All applications for special uses shall be filed with the village clerk in accordance with the requirements in section 11-2-7, "Applications", of this chapter.

(C) Authority And Execution: The village board, after receiving a recommendation by the zoning board of appeals, shall take formal action on special use requests.

(D) Procedure:

1. Acceptance Of Application By Village Clerk: Upon receipt of an application, the village clerk shall review the application for completeness. The village clerk shall send the application to the site plan review committee for review and schedule the application for an upcoming zoning board of appeals agenda for consideration.

3. Recommendation By Zoning Board Of Appeals:

(a) The zoning board of appeals shall hold a public hearing in accordance with section 11-2-8, "Public Hearings", of this chapter, that will be held within forty five (45) days of the filing of the completed application, unless the zoning board of appeals is unable to meet for any reason, in which case the application will be heard at the next meeting. Notice for the public hearing shall be in accordance with section 11-2-9, "Public Notices", of this chapter.

4. Action By Village Board: The village board shall consider the application within thirty (30) days of receiving the findings of fact and recommendation from the zoning board of appeals but may postpone final decision for an additional thirty (30) days for any reason. The village board may take action in the form of approval, approval with conditions, or denial of applications for special uses. The village board may also refer the matter back to the zoning board of appeals for further consideration.

(E) Standards For Special Uses: Zoning board of appeals recommendation and village board decision on any special use is a matter of legislative discretion that is not controlled by any one standard. An application for a special use shall not be approved unless the application is determined to be in substantial conformance with each of the following standards, in addition to any specific use standards included in chapter 9, "Use Standards", of this title:

1. The proposed special use is, in fact, a special use authorized in the zoning district in which the property is located.

2. The proposed special use is deemed necessary for the public convenience at that location.

3. The proposed special use does not create excessive additional impacts at public expense for public facilities and services, and will be beneficial to the economic welfare of the community.

4. The proposed use is in conformance with the goals and policies of the comprehensive plan, and all village codes and regulations.

5. The proposed special use will be designed, located, operated and maintained so as to be harmonious and compatible in use and appearance with the existing or intended character of the general vicinity.

6. The proposed special use is a suitable use of the property to generate income from an appropriate business and, without the special use, the property will be substantially diminished in value.

7. The proposed special use will not significantly diminish the safety, use, enjoyment and value of other property in the neighborhood in which it is located.

8. The proposed special use is compatible with development on adjacent property.

9. The proposed special use minimizes potentially dangerous traffic movements, and provides adequate and safe ingress and egress to the site.

10. The proposed special use provides the required number of parking spaces and maintains parking areas in accordance with the requirements of this title.

11. The proposed special use is served by adequate utilities, drainage, road access, public safety and other necessary facilities.

12. The proposed special use conforms with the requirements of this title and other applicable regulations.

13. The applicant's experience, expertise and previous ownership and/or management of similar businesses may be beneficial to the special use.

14. Otherwise complies with all state statutes and village ordinances.

(F) No Presumption Of Approval: The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather each proposed special use shall be evaluated on an individual basis, in relation to the standards in this section, the standards in chapter 9, "Use Standards", of this title, and the standards for the district in which it is located. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.

(G) Conditions On Special Uses: The zoning board of appeals may recommend, and the village board may impose, such conditions and restrictions upon the construction, location and operation of a special use. Such conditions must be deemed necessary to comply with the standards set forth in this section, to promote the general objectives of this title, and to minimize or reduce the injury to the value of property in the neighborhood. Such conditions shall be expressly set forth in the ordinance granting the special use. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such special use approval.

(H) Limitations On Special Uses:

1. Special use approval may become null and void unless a building permit is issued and construction is completed within six (6) months, or a certificate of occupancy is issued and the premises are occupied within ninety (90) days, of the date of adoption of the ordinance granting special use approval. After notice to the property owner and an opportunity for a hearing, the village board may terminate the special use. However, the village board may extend this period upon written request from the applicant showing good cause.

2. Special use approval is granted to a specific property and authorizes the conduct of the special use only on the property represented on the application and is not transferable to other properties or subsequent owners or tenants.

3. The approval of a special use authorizes the use on the property in the manner proposed, but does not in itself authorize the establishment of such use without first obtaining any other required approvals, including a building permit, sign permit, certificate of occupancy, zoning certificate and site plan review.

4. Any modification or intensification of a special use that alters the essential character or operation of the use in a way not approved at the time the special use was granted, as evidenced by the record or by the text of this title, shall require new special use approval in accordance with this section.

5. If a property or building which has been granted a special use is vacated for sixty (60) consecutive days, the special use is deemed null and void.

6. If the owner of the property and the owner/tenant of the business are different, both parties must sign the special use application and special use ordinance.

(I) Fees: Fees shall be established by the village board. A current copy of the fee schedule shall be available, upon request, in the office of the village clerk.

(J) Records Of Special Uses: The village clerk shall keep a record of all special uses on file and copies shall be available on request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-17: VARIATIONS:

(A) Establishment And Purpose: The village has previously established the process for review of variation requests. The process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this title that create practical difficulties or particular hardships.

(B) Initiation Of Variations: Any person having a right of ownership or right of possession in any property in the village may request a variation. All applications for variations shall be filed with the village clerk in accordance with the requirements in section 11-2-7, "Applications", of this chapter.

(C) Authority And Execution: The village board, after receiving a recommendation by the zoning board of appeals, shall take formal action on variation requests.

(D) Procedure:

2. Site Plan Review: The site plan review committee shall review the application, related documentation and plans in accordance with section 11-2-4 of this chapter. Their findings shall be submitted along with the completed application to the zoning board of appeals.

3. Recommendation By Zoning Board Of Appeals:

4. Action By Village Board: The village board shall consider the application within thirty (30) days of receiving the findings of fact and recommendation from the zoning board of appeals but may postpone a final decision for an additional thirty (30) days for any reason. The village board may take action in the form of approval, approval with conditions, or denial of requests for variations. The village board may also refer the matter back to the zoning board of appeals for further consideration. Any variation for which the zoning board of appeals recommends denial may be approved by a favorable majority vote of the village board.

(E) Findings Of Fact For Variations: A variation from the provisions of this title shall not be granted unless the zoning board of appeals in its recommendation, and village board in its decision, make specific findings of fact directly based on the standards and conditions imposed by this section. The standards for variations shall be as follows:

1. Hardship: No variation shall be granted unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a practical difficulty or particular hardship.

2. Unique Physical Conditions: The subject property is exceptional, as compared to other properties subject to the same provisions, by means of a unique physical condition, including irregular or substandard size, shape or configuration, exceptional topographical features, or presence of an existing use, structure or sign, whether conforming or nonconforming, or other extraordinary physical conditions peculiar to, and inherent in, the subject property that amount to more than a mere inconvenience to the property owner, and that relate to, or arise out of, the characteristics of the property rather than the personal situation or preference of the current property owner.

3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the property owner, or his/her predecessors in title, and that it existed at the time of enactment of the provisions from which a variation is sought, was created by natural forces, or was the result of governmental action, other than the adoption of this title.

4. Denied Substantial Rights: The carrying out of the strict letter of provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other properties subject to the same provisions.

5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupants to enjoy some special privilege or additional right not available to owners or occupants of other lots or properties subject to the same provisions, nor merely the inability of the owner to gain a greater financial return from the use of the subject property.

6. Conformance With Title And Plan Purposes: The variation would not result in a use of development of the subject property that would not be in harmony with the general and specific purposes of this title, including the provision from which a variation is sought, or the general purpose and intent of the comprehensive plan.

7. No Other Remedy: There is no means, other than granting the requested variation, by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.

8. Minimum Relief Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title.

9. Additional Criteria For Sign Variations: Within thirty (30) days after the denial of a sign permit by the superintendent of buildings, a request for variance in height or size may be filed with the zoning board of appeals. The zoning board of appeals may hold a hearing and make its recommendation to the village board. The zoning board of appeals may recommend granting the variation if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this title from adequately identifying the business or other activity on such property. The zoning board of appeals may recommend a variance only to allow the area or height of a sign to be increased by up to twenty five percent (25%) of the maximum allowable height or area. If the request for variance is based upon building materials, the request must be made to the village board, in writing, within thirty (30) days after the denial of the permit by the superintendent of buildings. All appeals to the zoning board of appeals shall require payment of appropriate fees and filing of applicable forms.

(F) Variation Less Than Requested: The zoning board of appeals may recommend and the village board may grant variations less than or different from that requested when the record supports the applicant's right to some relief, but not to the entire relief requested.

(G) Conditions On Variations: The zoning board of appeals may recommend, and the village board may impose, specific conditions and restrictions concerning use, construction, character, location, landscaping, screening and other matters that address the purposes and objectives of this title, upon any property that is granted a variation. These conditions 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 or services. Such conditions shall be expressly set forth in the ordinance or order granting the variation. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of the variation.

(H) Limitations On Variations:

1. Variations may become null and void unless a building permit is issued and construction is actually begun within six (6) months of granting the variation and is thereafter diligently pursued to completion. After notice to the property owner and an opportunity for a hearing, the village board may terminate the variation. However, the village board may extend this period, upon written request from the applicant showing good cause.

2. A variation is granted to a specific property and authorizes the conduct of the variation only on the property represented on the application and is not transferable to other properties or other owners or tenants.

3. The approval of a variation only authorizes the particular construction or development for which it was issued, but does not authorize the establishment or extension of any use, nor development, construction, reconstruction, alteration or moving of any building or structure without first obtaining any other required permit, including a zoning certificate, building permit and certificate of occupancy. The approved variation shall automatically expire and cease to be of any force or effect if such construction or development is beyond the scope so authorized.

(I) Fees: Fees shall be established by the village board. A current copy of the fee schedule shall be available, upon request, in the office of the village clerk.

(J) Records Of Variations: A record of all requests for variations, including village action taken, shall be kept on file in the office of the village clerk and copies shall be available, upon request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-18: ADMINISTRATIVE APPEALS:

(A) Establishment And Purpose: The village hereby establishes the process for review of appeals of decisions of the superintendent of buildings, or his/her designee, or the site plan review committee with regard to sign permit, zoning certificate, certificate of occupancy and building permit to provide appropriate checks and balances on administrative authority.

(B) Initiation Of Appeals: Applications for appeals may be filed by the owner, or any person having a right of ownership or possession in any property in the village that is directly affected by an administrative decision made under this title, by the superintendent of buildings or his/her designee or the site plan review committee. All applications for appeals shall be filed with the village clerk in accordance with the requirements in section 11-2-7, "Applications", of this chapter.

(C) Authority And Execution: The zoning board of appeals shall take formal action on administrative appeals. The decision of the superintendent of buildings, or his/her designee, or the site plan review committee on building permits, certificates of occupancy, sign permits, zoning certificates or site plan reviews can be appealed. Other duties, decisions and actions of the superintendent, which are not established by this title, cannot be appealed under this process.

(D) Procedure:

1. Acceptance Of Application By Village Clerk: Upon receipt of an application, the village clerk shall review the application for completeness. The village clerk shall schedule the application for an upcoming zoning board of appeals agenda for consideration.

2. Decision By Zoning Board Of Appeals: The zoning board of appeals shall hear an appeal within a reasonable time, and shall give due notice thereof to the parties, and decide the appeal within a reasonable time. Upon the hearing of the appeal, any party may appear in person, or by agent or attorney. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination.

(E) Limitations On Appeals: A decision of the superintendent or the site plan review committee may only be appealed if an application is filed within thirty (30) days of that decision.

(F) Fees: Fees shall be established by the village board. A current copy of the fee schedule shall be available, upon request, in the office of the village clerk.

(G) Records Of Appeals: A record of all requests for appeals, including village action taken, shall be kept on file in the office of the village clerk and copies shall be available, upon request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk.

(H) Appeals To Village Board: An appeal of a decision to deny the issuance of a sign permit, zoning certificate, certificate of occupancy or building permit may be made in writing within ten (10) days of receipt of the decision by filing a written request with the village clerk for the village board to review the decision to deny issuance of the permit or certificate. The village board shall consider the request within thirty (30) days of receiving same but may postpone final decision for an additional thirty (30) days for any reason. The village board may take action in the form of concurrence with the decision to deny issuance of the permit/certificate or resolve to issue the permit or certificate. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-19: ZONING INTERPRETATIONS:

(A) Establishment And Purpose: The village hereby establishes a process for rendering zoning interpretations. The interpretation authority established by this section is intended to recognize that the provisions of this title, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may have to be applied. Many such situations can be readily addressed by an interpretation of the specific provisions of this title in light of the general and specific provisions for which those provisions have been enacted. The interpretation authority established herein is not intended to add or change the essential content of the ordinance, but is intended to only allow authoritative application of that content to specific cases.

(B) Initiation Of Interpretations: Applications for zoning interpretations may be filed by the owner of, or any person having a right of possession in, any property in the village, that gives rise to the need for an interpretation. In addition, the village board, superintendent of buildings, or other village official may request that the village board render an interpretation. All applications for interpretations shall be filed with the village clerk in accordance with the requirements in section 11-2-7, "Applications", of this chapter. If an applicant would like to make a formal presentation before the village board, it shall be noticed in accordance with section 11-2-8, "Public Notices", of this chapter.

(D) Procedure:

2. Decision By Village Board: The village board shall hear a request for an interpretation within a reasonable time, and shall give due notice thereof to the parties, and render the interpretation within a reasonable time. The village board shall have the ability to request additional information prior to rendering an interpretation.

(E) Fees: Fees shall be established by the village board. A current copy of the fee schedule shall be available, upon request, in the office of the village clerk.

(F) Records Of Zoning Interpretations: A record of all zoning interpretations shall be kept on file in the office of the village clerk and copies shall be available on request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-20: ANNEXATIONS:

(A) Establishment And Purpose: The village hereby establishes the process for the annexation of property to the village. Property to be annexed must be contiguous to the village as that term is defined in the Illinois municipal code.

(B) Initiation Of Annexations: Any property owner desiring annexation to the village may submit an annexation petition to the village clerk. Any property owner desiring annexation to the village contingent to a zoning classification other than R-1 single-family residential, or requiring a special use permit, may submit an annexation petition to the village clerk conditioning such annexation upon obtaining the stipulated zoning or special use permit. The application for obtaining a particular zoning classification must follow the procedures outlined in section 11-2-15, "Zoning Text And Map Amendments", of this chapter, and be submitted at the time of the submission of the petition for annexation. The application for obtaining a special use permit must follow the procedures outlined in section 11-2-16, "Special Uses", of this chapter, and also be submitted at the time of the submission of the petition for annexation. The property owner shall pay an application fee at the time of the application as provided in the fee schedule as established by the village board and kept on file in the office of the village clerk. The application fee for the zoning map amendment, and the application fee for a special use permit shall also be paid at the time of submission. If the annexed property is to remain in the R-1 single-family residential zoning classification, an application for a zoning map amendment and the fee for that application will not be required. If the proposed use of the property does not require a special use permit, the application for a special use permit and the fee for that application will not be required. All applications for annexation shall be filed with the village clerk in accordance with the requirements of section 11-2-7, "Applications", of this chapter. If the requested zoning change or special use permit is refused by the zoning board of appeals and/or the village board, the property owner may withdraw the petition to annex, but shall not receive a refund of any fees paid to the village.

(C) Authority And Execution: The village board, after receiving a recommendation by the zoning board of appeals, shall take formal action on annexation petitions.

(D) Procedure:

1. Acceptance Of Application By Village Clerk: Upon receipt of a complete application, the village clerk shall review the application for completeness. The village clerk shall send the application to the site plan review committee for review and schedule the application for an upcoming zoning board of appeals agenda for consideration.

3. Recommendation By Zoning Board Of Appeals: The zoning board of appeals shall hold a public hearing in accordance with section 11-2-8, "Public Hearings", of this chapter, that will be held within thirty (30) days of the filing of the completed application, unless the zoning board of appeals is unable to meet for any reason, in which case the application will be heard at the next available meeting date. Notices for the public hearing shall be in accordance with section 11-2-9, "Public Notices", of this chapter. The zoning board of appeals shall consider the findings of the site plan review committee and any additional testimony presented at the public hearing before reporting their findings of fact and recommendation.

4. Action Of Village Board:

(a) The village board shall consider the application within thirty (30) days of receiving the findings of fact and recommendation from the zoning board of appeals but may postpone consideration for an additional thirty (30) days. If the corporate authorities wish to proceed with annexation, they may then enter into an annexation agreement with the owner of the territory to be annexed, which agreement is to state the purpose and terms of the annexation. The annexation agreement shall be executed by the village president and attested by the village clerk upon the adoption of a resolution or ordinance directing said execution, which resolution or ordinance must be passed by a vote of majority of the corporate authorities then holding office.

(b) The village board shall adopt an annexation ordinance in conformity with the annexation agreement and the Illinois municipal code.

(E) Applicability Of Terms Of Annexation Agreement: The annexation agreement shall be binding upon the successor owners of record of the land, which is then subject of the agreement and upon successor municipal authorities of the village.

(F) Annexation Fees: In order to cover the cost of site plan review, preparation of annexation plats, examination of same, legal fees, engineering fees, recording fees, and any other fees related to the annexation, anyone annexing to the village may be charged a fee to cover the above costs. The fee to be charged in any annexation may be set by the village board. This fee would be in addition to any fee as set forth in subsection (B) of this section.

(G) Final Plats Of Annexation: Final plats of annexation, once the annexation agreement is executed and the annexation ordinance is adopted, shall be submitted to the village clerk and it shall be recorded by the village, and the original plat, once recorded, shall be returned to the village clerk.

(H) Records Of Annexations: A record of all requests for annexation, including village action taken, shall be kept on file in the office of the village clerk and copies shall be available on request, to any person for a fee specified in the fee schedule, which shall be kept on file in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-21: ENFORCEMENT AND PENALTIES:

(A) Enforcement: This title shall be enforced by the superintendent of buildings, or his/her designee. The superintendent may secure the assistance of the village attorney to seek an injunction, abatement, other appropriate actions to enjoin, abate or stop any violation of this title and, at times, the aid of the police department may be sought to enforce this title. The property owner charged with the violation may be held responsible for any legal expenses incurred by the village.

(B) Penalties: Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title, upon conviction, shall be fined for each offense. Each day that a violation continues shall constitute a separate offense for the purposes of the penalties and remedies available to the village. The accumulation of penalties for violations, but not the obligation for payment for violations already committed, shall cease upon correction of the violation.

(C) Fines: Fines for violation of this title shall be in accordance with subsection 1-4-1(A) of this code. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-2-22: ZONING PROCEDURES AND ADMINISTRATION; TABLE 2-1:

TABLE 2-1: ZONING PROCEDURES AND ADMINISTRATION

Steps In Review Process	Zoning Procedures
	Sign Permit, Zoning Certificate And Certificate Of Occupancy	Building Permit	Zoning Map Or Text Amendment	Special Use	Variations	Annexations	Interpretations	Administrative Appeals
Application processing	Superintendent of buildings	Superintendent of buildings	Village clerk	Village clerk	Village clerk	Village clerk	Village clerk	Village clerk
Application review 1	Superintendent of buildings	Superintendent of buildings	Village clerk	Village clerk	Village clerk	Village clerk	Village clerk	Village clerk
Site plan review2	Superintendent of buildings	Superintendent of buildings or site plan review committee	Site plan review committee	Site plan review committee	Site plan review committee	Site plan review committee	–	–
Public notice3	–	–	15 – 30 day published newspaper notice; signposted on subject property; notice mailed to other property owners	15 – 30 day published newspaper notice; signposted on subject property; notice mailed to other property owners	15 – 30 day published newspaper notice; signposted on subject property; notice mailed to other property owners	15 – 30 day published newspaper notice; signposted on subject property; notice mailed to other property owners	–	–
Public hearing4	–	–	Zoning board of appeals	Zoning board of appeals	Zoning board of appeals	Zoning board of appeals	–	–
Recommendation	–	–	Zoning board of appeals	Zoning board of appeals	Zoning board of appeals	Zoning board of appeals	–	–
Decision	Superintendent of buildings	Site plan review committee	Village board	Village board	Village board	Village board	Village board	Village board
Appeal	Village board	Village board	Circuit court	Circuit court	Circuit court	Circuit court	Circuit court	Circuit court

Notes:

1. Application in accordance with requirements of subsection 11-2-7(C) of this chapter.

2. Site plan review in accordance with requirements of section 11-2-14(B) of this chapter.

3. Notice in accordance with requirements of section 11-2-9 of this chapter.

4. Public hearing in accordance with requirements of section 11-2-8 of this chapter.

(Ord. 1650, 10-10-2007, eff. 10-15-2007)