The administration of this title is vested in the following four (4) offices of the government of the village: zoning officer; planning commission; secretary of the planning commission and zoning board of appeals; and village president and board of trustees.

   A.   Zoning Officer:

      1.   Appointment: The zoning officer shall be appointed by the president, in consultation with and approval of the village board.

      2.   Powers And Duties: The zoning officer shall enforce this title and, in addition thereto and in furtherance of said authority, shall: (Ord. 1301, 3-15-2004)

         a.   Maintain permanent and current records of this title including, but not limited to, all maps, amendments, special uses, variances, appeals, and applications therefor.

         b.   Provide and maintain a public information service relative to all matters arising out of this title.

         c.   Forward to the planning commission all applications for special uses or amendments to this title. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

         d.   Transmit to the board of appeals applications for appeals, variances, or other matters on which the board of appeals is required to pass under this title.

         e.   Initiate, direct, and review from time to time a study of the provisions of this title and make reports of recommendations to the planning commission. (Ord. 1301, 3-15-2004)

   B.   Planning Commission:

      1.   Creation: The planning commission of the village, as established under the applicable provisions of the Illinois Compiled Statutes and this code, is the planning commission referred to in this title. (Ord. 1301, 3-15-2004; amd. 2011 Code)

      2.   Membership, Term Of Office, Compensation, Organization And Other Activities:

         a.   Refer to title 2 chapter 2 of this code for membership, term of office, compensation, organization and other activities of the planning commission.

         b.   Immediately following appointment of planning commission members, the members of the planning commission shall meet, organize, elect such officers as it may deem necessary, and adopt and later change or alter rules and regulations of organization and procedure consistent with village ordinances and state laws. The commission shall keep written records of its proceedings.

   C.   Secretary Of Planning Commission And Zoning Board Of Appeals:

      1.   Person Serve As: The secretary of the planning commission and the secretary of the zoning board of appeals may be the same person. The president and village board shall authorize the village clerk to assign the secretary of the planning commission and zoning board of appeals from the village staff.

      2.   Duties:

         a.   The secretary of the planning commission is responsible for attending all meetings of the planning commission, take full and accurate minutes of the proceedings, prepare all necessary reports and documents for and on behalf of the planning commission, and perform such other duties and functions as may be necessary for the orderly recording of the business of the planning commission.

         b.   The secretary of the zoning board of appeals is responsible for attending all meetings of the zoning board of appeals, take full and accurate minutes of the proceedings, prepare all necessary reports and documents for and on behalf of the zoning board of appeals, and perform such other duties and functions as may be necessary for the orderly recording of the business of the board of appeals.

      3.   Compensation: The compensation for the secretary of the planning commission and the secretary of the board of appeals shall be as established from time to time by the village president, with the approval of the village board of trustees.

   D.   Village President And Board Of Trustees: The village president and board of trustees shall discharge the following duties under this title:

      1.   Appoint the zoning officer whose responsibility will be to enforce the provisions of this title;

      2.   Appoint members to the zoning board of appeals as provided in section 11-3-2 of this chapter; (Ord. 1301, 3-15-2004)

      3.   Appoint members to the planning commission as provided in section 2-2-2 of this code; (Ord. 1301, 3-15-2004; amd. 2011 Code)

      4.   Receive and decide upon all recommendations concerning amendments, supplements, changes, or repeal of this title submitted to them by the planning commission;

      5.   Receive from the planning commission all recommendations on the effectiveness of this title; and

      6.   Decide all matters upon which it is required to pass under this title. (Ord. 1301, 3-15-2004)

   A.   Created: The zoning board of appeals, as established under the applicable provisions of the Illinois Compiled Statutes, is the zoning board of appeals referred to in this title. (Ord. 1301, 3-15-2004; amd. 2011 Code)

   B.   Membership; Appointment; Terms; Chair: The zoning board of appeals shall consist of seven (7) members appointed by the president, with the approval of the village board. The members of the zoning board of appeals shall serve respectively for the following terms, or until their respective successors are appointed and qualified: one for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years; the successor to each member so appointed to serve for a term of five (5) years. One of the members shall be designated by the president, with the approval of the village board, as chairperson and shall hold office until the next chairperson is appointed.

   C.   Jurisdiction And Authority: The zoning board of appeals is hereby vested with the following jurisdiction and authority:

      1.   To hear and pass upon the applications for variances from the terms provided in this title in the manner prescribed and subject to the standards established herein;

      2.   To hear and decide appeals from and review any order, requirement, decision, or determination made by the zoning officer under this title;

      3.   To interpret the provisions of this title and the district map in the manner provided herein; and (Ord. 1301, 3-15-2004)

      4.   To hear and decide all matters referred to it or upon which it is required to pass under this title, as prescribed by the applicable provisions of the Illinois Compiled Statutes. (Ord. 1301, 3-15-2004; amd. 2011 Code)

   D.   Meetings And Rules:

      1.   All meetings of the zoning board of appeals shall be held at the call of the chairperson and at other such times as the zoning board of appeals may determine. All hearings and other meetings conducted by said board shall be open to the public. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. (Ord. 1301, 3-15-2004)

      2.   The chairperson, or in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, order, requirement, decision, or determination of the zoning board of appeals shall be filed immediately in the office of the zoning officer and shall be a public record. The board shall adopt its own rules and procedures, not in conflict with this title or with the applicable Illinois Compiled Statutes, and select or appoint such officers as it deems necessary.

      3.   The concurring vote of four (4) members of the board is necessary to reverse any order, requirement, decision, or determination of the zoning officer, or to decide in favor of the applicant regarding any matter upon which it is required to pass under this title or to effect any variation in this title, or to recommend any variation or modification in this title to the president and board of trustees.

   E.   Finality Of Decisions: All decisions and findings of the zoning board of appeals on appeals or applications for a variance, after a hearing, shall, in all instances, be final administrative decisions and shall be subject to judicial review as may be provided by law. (Ord. 1301, 3-15-2004; amd. 2011 Code)

   A.   Building Permits: Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee of the village unless the application for such permit has been examined by the appropriate village staff, indicating that the proposed building or structure complies with all the provisions of this title. Any permit issued in conflict with the provisions of this title shall be null and void. (Ord. 1301, 3-15-2004)

   B.   Occupancy Permits:

      1.   Permit Required: No building, or addition thereto, constructed after the effective date hereof, and no addition to a previously existing building, shall be occupied, and no land vacant on the effective date hereof shall be used for any purpose, until an occupancy permit has been reviewed by the zoning officer. No change in a use, other than that of a permitted use to another similar permitted use, shall be made until an occupancy permit has been issued by the zoning officer. Every occupancy permit shall state that the use of occupancy complies with the provisions of this title. (Ord. 1301, 3-15-2004; amd. 2011 Code)

      2.   Application For Permit: Every applicant for a building permit shall be deemed to be an application for an occupancy permit. Every application for an occupancy permit for a new use of land where no building permit is required shall be made directly to the building inspector.

      3.   Issuance Of Permit; Temporary Permit: No occupancy permit for a building, or portion thereof, constructed after the effective date hereof, shall be issued until construction has been completed and the premises inspected and certified by the building inspector to be in conformity with the plans and specifications upon which the building permit was based. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six (6) months from its date during the completion of any addition or during partial occupancy of the premises. Reasons, in writing, for refusal to issue an occupancy permit must be forwarded to the applicant no later than fourteen (14) days after the request for an occupancy permit. (Ord. 1301, 3-15-2004)

   A.   Authority: The zoning board of appeals, after a public hearing, may determine and vary the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the zoning board of appeals makes written findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title.

   B.   Application For Variance; Notice Of Hearing:

      1.   An application for a variance shall be filed in writing with the zoning officer. Said application shall contain such information as the zoning board of appeals may, by rule, require.

      2.   Notice of the time and place of such public hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days before the hearing, in a newspaper of general circulation in the village. The published notice may be supplemented by such additional form of notice as the zoning board of appeals, by rule, may require.

   C.   Standards For Variance: The zoning board of appeals shall not vary the regulations of this title, as authorized in this section, unless there is evidence presented thereto in each specific case that:

      1.   Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

      2.   The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;

      3.   The purpose of the variance is not based exclusively upon a desire to make more money out of the property;

      4.   The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the property;

      5.   The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

      6.   The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood;

      7.   The purpose of the variance shall not be to establish a use otherwise excluded from the particular district in which it is requested; and

      8.   The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.

   D.   Authorized Variances: Variances from the regulations of this title shall be granted by the zoning board of appeals only in accordance with the standards established in this section and may be granted only in the following instances and in no others:

      1.   To permit any yard or setback of less dimension than required by the applicable regulations;

      2.   To permit any building or structure to exceed the height limitations imposed by the applicable regulations;

      3.   To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than eighty percent (80%) of the required area and width;

      4.   To permit the same off street parking facility to qualify as required facilities for two (2) or more uses; provided, that substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week;

      5.   To reduce the parking and loading requirements in any of the districts whenever the character or use of a building is such as to make unnecessary the full provision of parking or loading facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely being granted for a convenience;

      6.   To permit the alteration or enlargement of an existing building or use located on premises in a district which prohibits that use of land or building, or the height and area of buildings existing at the effective date hereof where such alteration or enlargement is a necessary incident to the use of the structure existing at the effective date hereof, or amendment or change hereto;

      7.   To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy to the extent of more than fifty percent (50%) of its actual cash value, as determined by the official county tax assessment and equalization rate, where the zoning board of appeals finds some compelling public necessity requiring a continuance of the nonconforming use, and the primary purpose of continuing the nonconforming use is not to continue a monopoly; and

      8.   To permit other variances as authorized in the floodplain ordinance of the village.

   E.   Grant Of Variance: The concurring vote of four (4) members of the zoning board of appeals shall be necessary to grant a variance. No decision of the zoning board of appeals granting a variance shall be valid for a period longer than twelve (12) months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

   F.   Effect Of Denial Of Variance: No application for a variance that has been denied wholly or in part by the zoning board of appeals shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence found to be valid by the zoning board of appeals. (Ord. 1301, 3-15-2004)

   A.   Authority: The zoning board of appeals, after a hearing, may determine and vary any order, requirement, decision, or determination made by the zoning officer.

   B.   Request For Appeal: Any person, firm, or corporation, or the president, trustee or administrator of the village may request an appeal.

   C.   Application For Appeal: An application for an appeal shall be filed in writing with the zoning officer. Said application shall contain such information as the zoning board of appeals may, by rule, require.

   D.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning officer certifies to the zoning board of appeals, after the application for the appeal has been filed with him/her, that by reason of acts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life and property.

   E.   Hearing And Notice:

      1.   The zoning board of appeals shall hold a hearing on each application for an appeal at such time and place as shall be established by the zoning board of appeals.

      2.   Due notice of the time and place of said hearing on an appeal shall be sent to all affected parties and a newspaper of general circulation in the village.

   F.   Decisions; Records:

      1.   The zoning board of appeals may affirm or may, upon the concurring vote of four (4) members, reverse, wholly or in part, or modify the interpretation. To that end, the zoning board of appeals shall have all the powers of the officer from whom the appeal is taken.

      2.   The secretary of the planning commission and zoning board of appeals shall maintain records of all actions of the zoning board of appeals relative to appeals.

   G.   Judicial Review Of Decision: All final administrative decisions of the zoning board of appeals hereunder shall be subject to judicial review related to the provisions of the administrative review law, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. (Ord. 1301, 3-15-2004)

   A.   Purpose And Authority: For the purpose of promoting the public health, safety, morals, comfort, and general welfare, conserving the value of property throughout the village, and lessening or avoiding congestion in the public streets and highways, the president and village board may, from time to time in the manner hereinafter set forth, amend the regulations imposed in the districts created by this title. This title may be amended; provided, that in all amendments adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which the property is devoted at the time of the adoption of such amendment.

   B.   Procedure:

      1.   Hearing Required; Notice: A public hearing shall be held by the Planning Commission before adoption of any amendment, supplement, or change by the Village Board. Public notice of such public hearing shall be placed in a newspaper of general circulation within the Village not more than thirty (30) days nor less than fifteen (15) days before the hearing. (Ord. 1301, 3-15-2004)

      2.   Application Fee And Publication Charges: In order to partially defray the expenses of a zoning change public hearing, each person petitioning for a zoning change shall deposit with the Village Clerk the sum of seventy five dollars ($75.00) and shall, in addition to such fee, be liable to reimburse the Village for the actual cost of the publication of the legal notice of the public hearing on such application in a newspaper. No part of such application fee or publication charges shall be refunded to applicant for failure of said amendment to be enacted into law. (Ord. 1675, 4-16-2018)

      3.   Protests: In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately joining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, such protest being filed with the Village Clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all members of the Village Board.

   C.   Findings Of Fact; Recommendations Of Planning Commission:

      1.   Within forty five (45) days after the close of the hearing on a proposed amendment, the Planning Commission shall make written findings of fact and shall submit same, together with its recommendations, to the Village Board. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the findings of fact and recommendations shall include the following information:

         a.   Existing use of property within the general area of the property in question;

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

         c.   The suitability of the property in question to the uses permitted under the existing zoning classifications;

         d.   The trend in development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification; and

         e.   Minimum size of parcel. A lot, lots, or parcel of land shall not qualify for a zoning amendment unless it possesses two hundred feet (200') of frontage or contains twenty five thousand (25,000) square feet of area, or adjoins a lot, lots or parcel of land which bears the same zoning district classification as the proposed zoning amendment. (Ord. 1301, 3-15-2004)

      2.   The Planning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest as well as that of the applicant. The Planning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than requested by the applicant. For the purpose of this subsection C2, the AG-1 Agricultural Preservation District shall be considered the highest classification and the I-3 Heavy Industrial District shall be considered the lowest classification. (Ord. 1301, 3-15-2004; amd. 2011 Code)

   D.   Approval: No amendment shall become effective unless it is first submitted to and approved by the Planning Commission or, if disapproved, shall receive a two-thirds (2/3) majority vote of the entire Village Board. (Ord. 1301, 3-15-2004)

   E.   Publication Of Zoning Map: The Village Board shall cause to be published, no later than March 31 of each year, a map clearly showing the existing zoning divisions and classifications. If, in any calendar year, there are no changes in zoning divisions and classifications, no map shall be published for such calendar year. (Ord. 1301, 3-15-2004; amd. 2011 Code)

   F.   Refiling Of Denied Request: Upon denial by the Village Board of an application to change the zoning of a particular property, a second zoning request which is not substantially or materially different from the denied request shall not be accepted from the same or a different person for a public hearing to be held within one year from the date of the denial by the Village Board. The Village Administrator shall determine whether a request is substantially or materially different and submittable, although the village board may, by majority vote, reverse a decision of the village administrator to not accept a zoning request for public hearing. (Ord. 1301, 3-15-2004)

Any person, firm or corporation who violates any of the provisions of this title, as adopted hereby, or who violates or fails to comply with any order made hereunder, or who builds in violation of any detailed statement of specifications or plans submitted or approved hereunder, or any certificate or permit issued hereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the village board of trustees or by a court of competent jurisdiction, within the required time, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine as provided in section 1-4B-1 of this code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of this penalty shall not be held to prevent the enforced removal of prohibited conditions nor the commencement of any action at law or in chancery to uphold the provisions of this title. (Ord. 1301, 3-15-2004; amd. 2011 Code)

The development and administration of this title is based upon the division of the village into zoning districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular locations. Such special uses fall into two (2) categories: (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

   A.   Uses publicly operated or traditionally affected with a public interest; and

   B.   Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. (Ord. 1301, 3-15-2004)

Any person having a freehold interest in land, a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, any of which is specifically enforceable, may file an application to use such land for one or more of the special uses provided in this title in the zoning district in which the land is located. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

An application for a special use shall be filed with the zoning officer on a form as the zoning officer shall prescribe. The application shall be accompanied by such plans and/or data prescribed by the planning commission and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in section 11-3A-6 of this article. Such application shall be forwarded from the zoning officer to the secretary of the planning commission with a request for a public hearing and report relative thereto. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

   A.   Upon receipt in proper form of the application and statement referred to in section 11-3A-3 this article, the planning commission shall hold at least one public hearing on the proposed special use. Notice of the time and place of such hearing shall be published not less than fifteen (15) nor more than thirty (30) days preceding said hearing at least once in a newspaper of general circulation in the village. Supplemental or additional notices may be published or distributed as the planning commission may, by rule, prescribe from time to time. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

   B.   The planning commission shall hold at least one hearing on the application and may hold as many hearings as necessary when the nature of the application and the nature of any proposed evidence may require additional hearings. All hearings shall be conducted to assure fundamental fairness and a full opportunity by the applicant, objectors, and a reasonable number of other interested citizens to participate fully in the hearing process, including, but not limited to, the right to present witnesses on the applicable standards in section 11-3A-6 of this article and the opportunity to question any witness of the other party. The chairperson shall have the right to restrict repetitive testimony.

   C.   Any party appearing before the planning commission may exercise the right to transcribe or record the proceedings at the expense of the party. The planning commission shall accommodate any request to transcribe or record the proceedings.

   D.   The planning commission reserves the right to control the location of recording devices to ensure the orderly nature of the proceedings. The party exercising their right to transcribe or record the proceedings shall have recording equipment and/or person(s) who will transcribe the proceedings available at the commencement of the hearing. The failure of said party to provide recording equipment and/or person(s) to transcribe said hearing shall not be just cause to request continuance. (Ord. 1301, 3-15-2004)

For each application for a special use, the zoning officer shall prepare and relay to the planning commission findings and recommendations, including the recommended stipulations of additional conditions and guarantees that are deemed necessary for the protection of the public interest. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

Upon making an application for a special use permit, the applicant shall be responsible for presenting evidence at a public hearing sufficient to justify the planning commission in finding that the following standards have been met:

   A.   That the proposed special use will not conflict with the stated purpose contained within the general description for each zoning classification, and will not prevent the orderly development and improvement of the surrounding property in accordance with the village comprehensive plan.

   B.   That the establishment, maintenance or operation of the proposed special use will not materially increase any risk to public health and safety, including, but not necessarily limited to, risk of fire or other operational accident, beyond that level of risk which ordinarily accompanies the permitted uses within the subject zoning classification.

   C.   That the proposed special use will not overly burden the village public utilities systems and infrastructure. In determining whether this standard has been met, the determination should be based upon whether the increased burden would unduly impact the reserve capacity of the public utilities or infrastructure.

   D.   That the proposed special use will not unreasonably interfere with the use and enjoyment of other property in the immediate vicinity for the purpose or purposes of the existing permitted uses. In considering whether any interference in use and enjoyment of neighboring property is reasonable, the proposed special use should be compared with uses permitted within the same zoning classification and that interference which can reasonably be anticipated to accompany those permitted uses shall be deemed to be reasonable with a special use. (Ord. 1523, 9-7-2010)

Prior to the granting of any special use, the planning commission shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as is deemed necessary for the protection of the public interest and to secure compliance with the standards specified in section 11-3A-6 of this article. In all cases in which special uses are granted, the planning commission shall require such evidence and guarantees as it may deem necessary as proof that there is and will be compliance with the conditions stipulated in connection therewith. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010; 2011 Code)