The administration of this title is hereby vested in:

   The office of the building officer and inspector

   The planning and zoning commission

   The board of trustees

(Ord., 5-15-1974, amd. Ord. 1993-12, 8-24-1993)

The building officer and inspector1. See section 4-1-1 of this code.1 shall enforce this title and in furtherance of his authority shall:

   A.   Determine conformance of applications for zoning certificates with regulations of this title.

   B.   Issue all zoning certificates, following approval as required in this title, and maintain records thereof.

   C.   Issue all certificates of occupancy, and maintain records thereof.

   D.   Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this title.

   E.   Receive, file and forward to the planning and zoning commission all applications for amendments, conditional uses or for other matters on which the planning and zoning commission is required to act under this title.

   F.   Receive, file and forward to the planning and zoning commission all applications for amendments, conditional uses, or other matters which, under this title, require referral to the planning and zoning commission.

   G.   Maintain permanent and current records of the administration and enforcement of this title, including, but not limited to, all maps, amendments, variations, appeals and applications therefor and records of hearings thereon, and designate on the zoning district map each amendment thereto.

   H.   Decide or make recommendations on all other matters under this title upon which the building officer and inspector is required to act.

   I.   Receive from the village clerk all notices of petitions for appeals, variations, amendments and conditional use permits which have been referred by the village clerk to the planning and zoning commission or other appropriate reviewing body.

   J.   Provide and maintain public information facilities relative to all matters pertaining to this title. (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)

   A.   No permit pertaining to the use of land or buildings shall be issued by an officer or employee of the village, unless the application for such permit has been examined by the building officer and inspector and has affixed to it a certificate of the building officer and inspector that the proposed building or structure and use complies with all the provisions of this title. Any certificate issued in conflict with the provisions of this title shall be null and void.

   B.   An application for a zoning certificate for a use of land, buildings or structures, which requires compliance with performance standards as set forth in the manufacturing district regulations 1. See subsection 5-8-2C of this Title.1 , shall have affixed to it a certification of a professional engineer, licensed by the State of Illinois, whose qualifications pertinent to the engineering aspects of the various performance standards regulations have previously been approved by the Board of Trustees. The Building Officer and Inspector shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate, provided there is compliance with all other provisions of this Title. Within fifteen (15) days after the date of issuance of such zoning certificate, the Building Officer and Inspector shall examine said application and if he finds the proposed use of land, building or structure does not comply with such performance standards or other applicable regulations of this Title, he shall notify the professional engineer and person filing the application, in writing, of his finding. Failure of the professional engineer to show that such application is in compliance or for the applicant to submit a revised application which shows compliance within thirty (30) days of such notification shall be cause for revocation of the zoning certificate. (Ord., 5-15-1974)

All applications for zoning certificates shall be accompanied by plans in triplicate, drawn to scale, showing the actual shape, area and dimensions of the lot to be built upon, the exact size and location on the lot of the existing buildings and accessory buildings, and the lines within which the new buildings or structures shall be erected, the existing and intended use of each building or structure, the number of dwelling units or lodging rooms a building is designed to accommodate, location and number of off-street parking and off-street loading spaces, and such other information with regard to the lot and neighboring lots and performance standards as may be necessary to determine and provide for the enforcement of this Title. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Building Officer and Inspector. The lot and location of the building thereon shall be staked out on the ground before construction is started. (Ord., 5-15-1974)

   A.   Occupancy Permit Required.

      1.   No land shall be occupied or used in a manner different than that existing on the effective date hereof, and no building or structure hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Officer and Inspector stating that the building, structure or land improvement complies with all the building and health laws and the provisions of this Title.

      2.   No change of use shall be made in any building, structure or land improvement or part thereof, now or hereafter erected or altered, without an occupancy permit having been issued by the Building Officer and Inspector, and no permit shall be issued to make such change unless it is in conformity with the provisions of this Title and amendments thereto.

      3.   No zoning certificate or occupancy permit for a change of use in an existing building, structure or land improvement shall be issued until the premises have been inspected and certified by the Building Officer and Inspector to be in compliance with applicable requirements for the zoning district in which it is located.

      4.   The Building Officer and Inspector shall not issue any permanent occupancy permit for any new construction, whether residential, commercial, industrial, or otherwise, prior to the completion of the construction and installation of all required facilities therein, but the Building Officer and Inspector may issue temporary occupancy permits in as permitted by this Section, below.

      5.   Nothing in this Chapter shall prevent the continuance of the present occupancy or use of any existing building, structure, or lane improvement, except as may be necessary for the safety of life and property.

      6.   Application for a certificate of occupancy shall be made coincident with the application for a zoning certificate and shall be issued within ten (10) days after the erection or alteration of the building or structure has been completed. A record of all certificates of occupancy shall be kept on file in the office of the Building Officer and Inspector and copies shall be furnished on request to any person having proprietary or tenancy interest in the land, building or structure affected. A fee of five dollars ($5.00) shall be charged for each original certificate, and one dollar ($1.00) for each copy thereof.

   B.   Temporary Occupancy Permits. Pending the issuance of a permanent certificate of occupancy, a temporary permit may be issued to be valid for a period not to exceed six (6) months from its date, during the completion of any building, structure or land improvement or during partial occupancy thereof. Application for a temporary permit shall be accompanied with a statement covering the items of work to be completed and the reasons the temporary permit is requested.

      1.   Upon receipt of an application for a temporary occupancy permit, the Building Officer and Inspector, shall review the application and the status of construction to determine whether permitting temporary occupancy, in light of the outstanding work required to complete construction, would pose a threat to or otherwise affect the health, safety and welfare of the occupants of such buildings or of other persons who may be on the premises and site of such buildings. If the Building Officer and Inspector determines that allowing temporary occupancy would not pose a threat to or otherwise affect the health, safety and welfare of the occupants of such buildings or of other persons who may be on the premises and site of such buildings, he may issue a temporary occupancy permit. Otherwise, he shall deny the application in a writing setting out the reason for the denial. Examples of incomplete items that the Building Officer and Inspector may (but is not required to) consider safe in issuing an occupancy permit when construction is not complete include, but are not limited to, the following: gutters, down spouts, patios, decks, cabinets, fixtures, yard grading, driveways, unfinished bathrooms, unfinished second floors in two (2) story homes, damaged sidewalks, window well drains, exterior caulking and interior trim.

      2.   No temporary occupancy permit shall be issued unless and until the applicant therefore has provided the Building Officer and Inspector with a complete list of outstanding items necessary for the completion of construction, as well as financial surety to ensure completion of all such items. The financial surety may be in any form acceptable to the Building Officer and Inspector, including without limitation a cash deposit, bond, or letter of credit, and may be required to be in the name or account of the owner of the building, the construction contractor thereof, or both as determined by the Building Officer and Inspector. The amount of the financial surety shall be sufficient to complete the construction of said building, the installation of all required facilities therein, and/or the completion of any and all land improvements required by code, plus twenty five percent (25%). In the case of a cash deposit, said deposit shall be held in a separate account by the Village and shall be returned to the person depositing the same upon the Building Officer and Inspector's written statement that the unfinished construction for which such deposit was required has been completed in accordance with the provisions so stipulated by ordinance. All construction work for which said deposit is being held must be completed no later than six (6) months from date of the temporary occupancy permit. Any portion remaining unfinished after the six (6) month period shall be just cause for the forfeiture of the total amount deposited.

      3.   In the event that any temporary occupancy permit issued pursuant to this Section expires before all outstanding construction items have been completed and a permanent occupancy permit has been granted, all occupancy of the structure in question must immediately cease. Continued occupancy of the structure following expiration of the temporary occupancy permit and prior to the issuance of a permanent occupancy permit is a violation of this Code, and the penalty for the same is seven hundred and fifty dollars ($750.00). Each day that the violation continues is and shall be deemed a separate offense.

      4.   No temporary occupancy permit may be extended beyond six (6) months except upon good cause shown, and then only if approved by resolution of the Corporate Authorities of the Village.

(Ord., 5-15-1974; amd. Ord. 1996-18, 7-9-1996; Ord. 2024-18, 4-23-2024)

   A.   Authority: The Board of Trustees shall decide all applications for variations of the provisions of this Title after a public hearing held before the Planning and Zoning Commission 1. See Title 2, Chapter 1 of this Code.1 . The Planning and Zoning Commission shall hold public hearings upon all applications for variations and shall report its recommendations to the Board of Trustees. The Planning and Zoning Commission shall recommend a variation only after they have made a finding of fact specifying the reason or reasons for recommending the variation. Such findings shall be based upon the standards prescribed in subsection D of this Section. No variation shall be granted to the Board of Trustees without such findings of fact. When the Planning and Zoning Commission fails to recommend a variation, it can only be adopted by an ordinance with the favorable vote of two-thirds (2/3) of the Board of Trustees. The Planning and Zoning Commission shall review all applications for variations for conformity of the applications with the Comprehensive Plan, the provisions of this Title, and to generally accepted standards of land use policy. (Ord., 5-15-1974; amd. Ord. 1988-19, 12-12-1988; Ord. 1993-12, 8-24-1993)

   B.   Initiation: An application for a variation may be made by any governmental office, department, board, bureau or commission or by any person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation. (Ord., 5-15-1974)

   C.   Application For Variation And Notice Of Hearing: An application for a variation shall be filed with the Village Clerk, who shall forward a copy of the same to the Planning and Zoning Commission and the Village Board of Trustees without delay. The application shall contain such information as the Planning and Zoning Commission may from time to time by rule provide. No application shall be considered complete until all exhibits called for in the application have been filed, and the filing fee paid. No more than ninety (90) days after the filing of such application, a hearing shall be held on the application, except that if the application is not complete at least twenty (20) days prior to the scheduled hearing, the hearing shall be continued over to another scheduled meeting. Notice of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation within the village. The published notice may be supplemented by such additional form of notice as the planning and zoning commission may by rule provide. The filing fee for the application shall be in the amount of one hundred twenty five dollars ($125.00), and shall be paid at the time an application for variation is filed. The filing fee, once paid, is nonrefundable. (Ord. 1994-4, 1-11-1994)

   D.   Standards For Variations: The planning and zoning commission shall not recommend a variation of the regulations of this title, as authorized herein unless it shall have made findings of fact based upon the evidence presented to it in each specific case that:

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

      2.   The plight of the owner is due to unique circumstances;

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

      4.   For the purpose of implementing the above rules, the planning and zoning commission shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence: (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)

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

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

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

         d.   The alleged difficulty or hardship has not been created by the owner of the property, or by a previous owner;

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

         f.   The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. (Ord., 5-15-1974)

   The planning and zoning commission may recommend and the board of trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this zoning title. (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)

   The planning and zoning commission shall file its written recommendations on each application for variation with the village clerk. The village clerk shall forward a copy of the written recommendations to the board of trustees, and the applicant. (Ord. 1988-19, 12-12-1988; amd. Ord. 1993-12, 8-24-1993)

   E.   Authorized Variations: Variations from the regulations of this zoning title shall be granted by the planning and zoning commission only in accordance with the standards set out in this section and may be granted only in the following instances, and in no others: (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)

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

      2.   To permit the use of a lot or lots of record on the effective date hereof for a use otherwise prohibited solely because of insufficient area or width of the lot or lots;

      3.   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 user does not take place at approximately the same hours of the same days of the week; and

      4.   To reduce the applicable off street parking or loading facilities required by ten percent (10%) of the applicable regulations. (Ord., 5-15-1974)

      5.   To permit the construction of:

An appeal to the Planning and Zoning Commission may be made by any person or by any office, department, board or bureau aggrieved by a decision of the Building Officer and Inspector under this Title in accordance with Illinois statutes and the following:

   A.   An application for an appeal shall be filed with the Village Clerk within twenty (20) days of the date of the action from which the appeal is being filed, and thereafter the Village Clerk shall forward such application to the Planning and Zoning Commission for processing. The Village Clerk shall forward to the Building Officer and Inspector a notice of appeal specifying the grounds thereof and he shall forthwith transmit to the Planning and Zoning Commission all the papers constituting the record upon which the action appealed from was taken.

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

   C.   The Planning and Zoning Commission shall fix a reasonable time, not to exceed ninety (90) days, for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. The Planning and Zoning Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made on the premises and to that end shall have all the powers of the officer from whom the appeal was taken. (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)

   A.   Authority: The regulations imposed and the districts created under the authority of this Zoning Title may be amended, from time to time, by ordinance in accordance with applicable Illinois statutes. An amendment shall be granted or denied by the Board of Trustees only after a public hearing before the Planning and Zoning Commission and a report of its findings and recommendations has thereafter been submitted to the Board of Trustees.

   B.   Initiation Of Amendments: Amendments may be proposed by the Board of Trustees, Planning and Zoning Commission and by any person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment. (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)

   C.   Application For An Amendment And Notice Of Hearing: An application for an amendment shall be filed with the Village Clerk, who shall forward a copy of the same to the Planning and Zoning Commission and the Village Board of Trustees without delay. The application shall contain such information as the Planning and Zoning Commission may from time to time by rule provide. No application shall be considered complete until all exhibits called for in the application have been filed, and the filing fee paid. No more than ninety (90) days after the filing of such application, a hearing shall be held on the application, except that if the application is not complete at least twenty (20) days prior to the scheduled hearing, the hearing shall be continued over to another scheduled meeting. Notice of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation within the village. The published notice may be supplemented by such additional form of notice as the planning and zoning commission may by rule provide. The filing fee for the application shall be in the amount of five hundred dollars ($500.00), and shall be paid at the time an application for amendment is filed. The filing fee, once paid, is nonrefundable. (Ord. 1994-4, 1-11-1994)

   D.   Decisions:

      1.   The board of trustees, upon report of the planning and zoning commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the planning and zoning commission for further consideration. (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)

      2.   In case a written protest against any proposed amendment is signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, or by owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, is filed with the village clerk, the amendment cannot be passed except on the favorable vote of two-thirds (2/3) of all members of the board of trustees. (Ord., 5-15-1974)

   A.   Purpose: The formulation and enactment of a comprehensive ordinance is based on the division of the entire village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which, on account of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this title as "conditional permitted uses" and fall into two (2) categories:

      1.   Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by public interest;

      2.   Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public, and their possible damaging influence on the neighborhood, may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations. (Ord., 5-15-1974)

   B.   Initiation: Conditional permitted uses may be proposed by the Board of Trustees, Planning and Zoning Commission and by any person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for a conditional permitted use. (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)

   C.   Application For Conditional Permitted Use And Notice Of Hearing: An application for a conditional permitted use shall be filed with the Village Clerk, who shall forward a copy of the same to the Planning and Zoning Commission and the Village Board of Trustees without delay. The application shall contain such information as the Planning and Zoning Commission may from time to time by rule provide. No application shall be considered complete until all exhibits called for in the application have been filed, and the filing fee paid. No more than ninety (90) days after the filing of such application, a hearing shall be held on the application, except that if the application is not complete at least twenty (20) days prior to the scheduled hearing, the hearing shall be continued over to another scheduled meeting. Notice of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing in a newspaper of general circulation within the Village. The published notice may be supplemented by such additional form of notice as the Planning and Zoning Commission may by rule provide. The filing fee for the application shall be in the amount of five hundred dollars ($500.00), and shall be paid at the time an application for conditional permitted use is filed. The filing fee, once paid, is nonrefundable. (Ord. 1994-4, 1-11-1994)

   D.   Decisions:

      1.   The Board of Trustees, upon report of the Planning and Zoning Commission and without further public hearing, may grant or deny any proposed conditional permitted use in accordance with applicable Illinois statutes, or may refer it back to the Planning and Zoning Commission for further consideration. (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)

      2.   In case a written protest against any proposed conditional permitted use signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, or by owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, is filed with the Village Clerk, the conditional permitted use cannot be passed except on the favorable vote of two-thirds (2/3) of all members of the Board of Trustees. (Ord., 5-15-1974)

   E.   Effective Period: No conditional use permit shall be valid for a period longer than one year from the date it is granted, unless a building permit or certificate of occupancy is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The Board may grant one extension of this period, valid for no more than one hundred eighty (180) additional days, upon written application to the Board for the request for extension to be placed on a Village Board agenda for action and good cause shown by the applicant. No notice or hearing is required for the granting of such an extension. If any conditional use is abandoned or discontinued for a continuous period of one year, the conditional use permit for such use shall become void, and such use shall not thereafter be reestablished unless a new conditional use permit is obtained. (Ord. 1997-08, 5-27-1997)

   A.   Any person who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this Zoning Title shall, upon conviction, be fined as provided in Section 1-4-1 of this Code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

   B.   The Building Officer and Inspector is hereby designated and authorized to enforce this Title. However, it shall also be the duty of all officers, citizens and employees of the Village to assist the Building Officer and Inspector by reporting to him any new construction, reconstruction, improved land uses, or upon any seeming violation. (Ord., 5-15-1974)