A.

Purpose. The process for amending the Zoning Ordinance text or map 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 Amendment. The Village, or any person having authority to file a zoning application as provided in Section 3.1.A of this title, may propose map or text amendments. All applications for map or text amendments shall be filed with the Community Development Director in accordance with the requirements of Section 3.1 (Application). Amendments initiated by the Village require an application, but are exempt from fees.

C.

Authority and Execution. The Village Board, after receiving a recommendation from the Plan Commission, shall take formal action on requests for map or text amendments.

D.

Procedure.

1.

Acceptance of Application by Community Development Director. Upon receipt of an application, the Community Development Director shall review the application for completeness in accordance with Section 3.1 (Application). If the application is deemed complete, the Community Development Director shall schedule the application for an upcoming Plan Commission agenda for consideration.

2.

Action by the Plan Commission.

a.

The Plan Commission shall hold a public hearing in accordance with Section 3.3 (Public Hearing). Notice for the public hearing shall be in accordance with Section 3.4 (Public Notice).

b.

The Plan Commission shall deliberate and forward or cause to be forwarded to the Village Board its recommendation of approval, approval with conditions, or denial on applications for zoning map or text amendments. The Plan Commission shall forward findings of fact to the Village Board for map amendments only.

3.

Action by the Village Board. The Village Board shall consider the application after receiving findings of fact, if applicable, and recommendations from the Plan Commission. The Village Board may take action in the form of approval, approval with conditions, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments, in light of the testimony and evidence presented at the hearing, and any other evidence that the Board deems relevant and appropriate to the determination. The Village Board may also refer the matter back to the Plan Commission for further consideration.

E.

Standards for Zoning Text and Map Amendments. The Plan Commission 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. In making their recommendation and decision, the Plan Commission and Village Board shall consider, but shall not be limited to, the standards set forth in Table 4-1: Standards for Zoning Map and Text Amendments:

TABLE 4-1: STANDARDS FOR ZONING MAP AND TEXT AMENDMENTS

F.

Written Protest. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged either by the owners of twenty (20) percent of the frontage proposed to be altered, or twenty (20) percent of the frontage immediately adjacent to or across an alley therefrom, or by the owners of twenty (20) percent of the frontage abutting or directly opposite the frontage proposed to be altered that is filed with the Community Development Director, the zoning amendment shall not be passed except by a favorable vote of two-thirds majority of the trustees then holding office. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the attorney, if any, shown in the application for the proposed amendment by certified mail at the address or addresses shown on the application.

G.

Repeal of Amendment. In any case where a change of boundary lines of the zoning district map has been granted, and where no development has taken place and no submission of an application for a zoning or a building permit has been made within one year from the effective date thereof, the Plan Commission may recommend and the Village Board, after notice and public hearing thereon, may affirm or repeal such ordinance and rezone the property to the most appropriate district classification.

H.

Fees. Fees subject to Title 15, Chapter 15.56.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 24-10-07-05, § 9, 10-7-2024)

A.

Purpose. The variation process is to provide a means by which relief may be granted from unforeseen applications of this Ordinance that create practical difficulties or particular hardships.

B.

Initiation of Variations. The Village, or any person having authority to file a zoning application as provided in Section 3.1.A of this title, may request a variation. All applications for variation shall be filed with the Community Development Director in accordance with the requirements of Section 3.1 (Application). Amendments initiated by the Village require an application, but are exempt from fees.

C.

Authority and Execution. The Village Board, after receiving findings of fact and a recommendation from the Plan Commission, shall take formal action on variation requests.

D.

Procedure.

1.

Acceptance of Application by Community Development Director. Upon receipt of an application, the Community Development Director shall review the application for completeness in accordance with Section 3.1 (Application). The Community Development Director shall schedule the application for an upcoming Plan Commission agenda for consideration. If the application is complete, the Community Development Director shall distribute the application to applicable Village departments for review. Any recommendations from the Community Development Director and/or Village departments shall be heard at the Plan Commission public hearing.

2.

Action by the Plan Commission.

a.

The Plan Commission shall hold a public hearing in accordance with Section 3.3 (Public Hearing). Notice for the public hearing shall be in accordance with Section 3.4 (Public Notice).

b.

After the close of the public hearing, the Plan Commission shall deliberate and forward or cause to be forwarded its findings of fact and recommendation of either approval, approval with conditions, or denial on applications for variations to the Village Board.

3.

Action by the Village Board. The Village Board shall consider the application after receiving the findings of fact and recommendation from the Plan Commission. The Village Board may take action in the form of approval, approval with conditions, or denial on applications for variations, in light of the testimony and evidence presented at the hearing, and any other evidence that the Board deems relevant and appropriate to the determination. The Village Board may also refer the matter back to the Plan Commission for further consideration.

E.

Reserved.

F.

Findings of Fact for Variations. A variation from the provisions of this Ordinance shall not be granted unless the Plan Commission in its recommendation, and Village Board in its decision, makes specific findings of fact directly based on each and every standard and condition 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 Ordinance 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:

a.

Irregular or substandard size, shape, or configuration; or

b.

Exceptional topographical features; or

c.

Presence of an existing use, structure, or sign, whether conforming or nonconforming; or

d.

Other extraordinary physical conditions peculiar to, and inherent in, the subject property.

These unique physical conditions shall amount to more than a mere inconvenience to the property owner and shall 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 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 Ordinance.

4.

Denied Substantial Rights. The carrying out of the strict letter of the provision(s) 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 Ordinance and Plan Purposes. The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes of this Ordinance, 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 legal and 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 the Ordinance.

9.

Public Welfare. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvement in the neighborhood in which the property is located.

10.

Public Safety, Light and Air. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety within the neighborhood in any way.

11.

Noise and Odor. The proposed variation will not produce excessive noise or odor as to be detrimental to the health and welfare of the public, or which interferes unreasonably with the comfort of the public.

G.

Variation Less than Requested. The Plan Commission 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.

H.

Conditions on Variations. The Plan Commission may recommend, and the Village Board may impose, specific conditions and restrictions concerning use, construction, character, location, landscaping, screening and other matters, which address the purposes and objectives of this Ordinance, 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.

I.

Limitations on Variations.

1.

Variations shall become null and void unless a building permit is issued and physical construction is actually begun within one year of granting the variation and is thereafter diligently pursued to completion. In such instance, 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, which is supported by an affidavit without requirement for an additional hearing.

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.

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 occupancy permit. The approved variation shall automatically expire and cease to be of any force or effect if any construction or development goes beyond the scope of the variation authorized or particular construction or development for which it was issued.

J.

Fees. Fees subject to Title 15, Chapter 15.56.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 15-09-21-04, § 3, 9-21-2015; Ord. No. 24-10-07-05, § 9, 10-7-2024)

A.

Purpose. The development and execution of this Ordinance is based upon the division of the Village into districts, within any one of which the use of land and buildings, and the bulk and location of the buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of that use upon neighboring lands and upon the public need for the particular use of the particular location. Such uses fall into two categories:

1.

Uses operated by a public agency or publicly regulated utilities, or uses traditionally associated with a public interest.

2.

Uses entirely private in character, but of such a 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. The Village, or any person having authority to file a zoning application as provided in Section 3.1.A of this title, may apply for a special use. All applications for a special use shall be filed with the Community Development Director in accordance with the requirements of Section 3.1 (Application). Amendments initiated by the Village require an application, but are exempt from fees.

C.

Authority and Execution. The Village Board, after receiving findings of fact and a recommendation by the Plan Commission, shall take formal action on special use requests.

D.

Procedure.

1.

Acceptance of Application by Community Development Director. Upon receipt of an application, the Community Development Director shall review the application for completeness in accordance with Section 3.1 (Application). If the application is complete, the Community Development Director shall schedule the application for an upcoming Plan Commission agenda for consideration and send the application to other appropriate Village departments for review, with any recommendations and comments to be heard at the Plan Commission public hearing. An application for special use shall contain the following:

a.

Legal description of the property.

b.

Plat of survey.

c.

Written statement along with evidence showing that the proposed special use will conform to the standards set forth in this section.

d.

Application for special use as a planned unit development shall also be accompanied by such additional information as required in Chapter 5: Planned Unit Development.

e.

Such other documentation and information that is reasonably necessary or appropriate, as determined by the Community Development Director, for the purpose of making an appropriate recommendation and determination of the merits of the application in light of the unique circumstances and characteristics of the subject property.

2.

Action by the Plan Commission.

a.

The Community Development Director shall forward his/her recommendation and the Plan Commission shall hold a public hearing in accordance with Section 3.3 (Public Hearing). Notice for the public hearing shall be in accordance with Section 3.4 (Public Notice).

b.

After the close of the public hearing, the Plan Commission shall forward its findings of fact and recommendation of either approval, approval with conditions, or denial on applications for special uses to the Village Board.

3.

Action by the Village Board. The Village Board shall consider the application after receiving the findings of fact and recommendation from the Plan Commission. The Village Board may take action in the form of approval, approval with conditions, or denial on applications for special uses, in light of the testimony and evidence presented at the hearing, and any other evidence that the Board deems relevant and appropriate to the determination. Any special use application which fails to receive the recommendation of the Plan Commission shall not be approved by the Village Board unless the application is approved by two-thirds of the members of the Village Board. The Village Board may also refer the matter back to the Plan Commission for further consideration.

E.

Standards for Special Uses. The Community Development Director recommendation, Plan Commission recommendation, and the 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 considered in light of each of the following standards, in addition to any specific use standards included in Chapter 11: Use Standards:

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

7.

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

8.

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

9.

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

10.

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

11.

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

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 11: Use Standards, the standards for the district in which it is located and the unique circumstances and characteristics of the particular property and its location in the district for which the special use is sought. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. Approval of a special use does not imply approval of a similar or identical special use within the same zoning district, or a different zoning district with similar zoning standards.

G.

Conditions on Special Uses. The Plan Commission may recommend, and the Village Board may impose, such conditions and restrictions upon the construction, location and operation of a special use as are deemed necessary to comply with the standards set forth in this section, to promote the general objectives of this Ordinance, and to minimize or reduce the injury to the value of property in the neighborhood. All 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 the special use by the Village Board.

H.

Limitations on Special Uses.

1.

Special use approval may become null and void unless a building permit is issued within one year and construction is thereafter diligently pursued to completion, or an occupancy permit is issued and the premises are occupied within ninety (90) days of the date of adoption of the ordinance granting special use approval. In such case, 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.

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, occupancy permit, 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 Ordinance, shall require new special use approval in accordance with this section.

I.

Fees. Fees subject to Title 15, Chapter 15.56.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 24-10-07-05, § 9, 10-7-2024)

A.

Purpose. The site plan review process promotes orderly development and redevelopment in the Village, and ensures 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 of a particular zoning parcel to achieve the following purposes:

1.

Compatibility with adjacent and nearby land uses, buildings, and structures, within a minimum distance of two hundred fifty (250) feet.

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.

6.

Maintenance of common areas and common open space.

B.

Applicability. Site plan review shall be required for each building permit application for multi-family, townhouse, commercial, and industrial development for which a site plan has not already been approved. Site plan review shall not be required for any commercial, office, manufacturing or multifamily structural addition that constitutes less than twenty-five (25) percent of total square footage of an existing structure or any single-family/two-family construction.

C.

Procedure.

1.

Acceptance of Application by Community Development Director. Applications for site plan review shall be submitted to the Community Development Director in accordance with the requirements of Section 3.1 (Application). Upon receipt of an application, the Community Development Director shall review the application for completeness in accordance with Section 3.1 (Application). If the application is complete, the Community Development Director shall schedule the application for an upcoming Plan Commission agenda for consideration and send the application to other appropriate Village departments for review, with any recommendations and comments to be heard at the Plan Commission public hearing.

2.

Action by the Plan Commission.

a.

Applications Eligible for Site Plan Review by Plan Commission. All applications for site plan review, except those set forth in paragraph B., above, shall be reviewed by the Plan Commission, unless otherwise outlined in prior annexation agreements.

b.

Procedure for Site Plan Review by Plan Commission:

i.

The Plan Commission shall review all site plan applications received from the Community Development Director.

ii.

If, in the Plan Commission's judgment, the site plan review application does not contain sufficient information to enable the Plan Commission to properly discharge its responsibilities, the Plan Commission may request additional information from the applicant.

iii.

The Plan Commission shall deliberate and forward or cause to be forwarded to the Village Board its recommendation of approval, approval with conditions, or denial on applications for site plan review to the Village Board. The Plan Commission shall evaluate the site plan pursuant to the applicable standards in paragraph D (Standards for Site Plan Review) below.

3.

Action by the Village Board. The Village Board shall consider the application after receiving the recommendation of the Plan Commission. The Village Board may take action in the form of approval, approval with conditions, or denial on applications for site plan review, in light of the testimony and evidence presented at the hearing, and any other evidence that the Board deems relevant and appropriate to the determination. The Village Board shall evaluate the site plan pursuant to the applicable standards in paragraph D (Standards for Site Plan Review) below. The Village Board may also refer the matter back to the Plan Commission for further consideration. The Community Development Director shall notify the applicant of the action taken.

D.

Standards for Site Plan Review. The scope of site plan review includes the location of principal and accessory structures, infrastructure, open space, landscaping, topography, grading plan, building elevations, 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 relationship of the site plan to adopted land use policies, and the goals and objectives of the Comprehensive Plan shall be evaluated. In addition, the following characteristics shall also be considered:

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.

c.

Ensure compatibility with development on adjacent property.

d.

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

e.

Protect the public health, safety, convenience, comfort, and general welfare.

f.

Conform to the requirements of this Ordinance 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, such as, but not limited to forested areas and, hydrological features.

c.

Provide adequate measures to preserve existing healthy, mature trees wherever practically feasible.

d.

Provide adequate measures to preserve identified natural resources on adjacent sites.

e.

Design drainage facilities to promote the use and preservation of natural watercourses, patterns of drainage and compliance with existing stormwater control and erosion protection facilities or requirements.

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.

c.

Separate pedestrian and auto circulation and provide for bicycle parking or storage insofar as practical.

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.

In accordance with Section 14.2 (Landscape Plan) the design of landscape improvements and related features to:

a.

Create a logical transition to adjoining lots and developments.

b.

Screen incompatible, negative, or unsightly uses.

c.

Minimize the visual impact of the development on adjacent sites and roadways.

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.

Relation to Zoning Ordinance. The procedures in this section are not intended to be a substitute for, or to have any bearing upon, any other procedures required under the Zoning Ordinance.

F.

Fees. Fees subject to Title 15, Chapter 15.56.

(Ord. No. 13-07-15-03, § 1, 7-15-2013; Ord. No. 24-10-07-05, § 9, 10-7-2024)

A.

Applicability. No building or site shall be used or occupied, in whole or in part, for any purpose, until an occupancy permit has been issued by the Village. An occupancy permit shall not be issued until all applicable requirements are fulfilled or complied with, and the Community Development Director, or his/her designee, conducts the final inspection.

B.

Authority and Execution. The Community Development Director shall be responsible for determining compliance with this Ordinance and all other applicable ordinances, prior to issuance of an occupancy permit. If approved, the occupancy permit shall be issued after the erection or alteration of such building has been completed in compliance with all applicable codes and a written request has been submitted for the occupancy permit. A record of all certificates of occupancy shall be kept on file in the office of the Community Development Director and copies shall be available on request to any person for a fee specified by the Village.

C.

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 deemed necessary for safety of life and property.

D.

Temporary Certificate of Occupancy.

1.

Where a portion of a building may be safely occupied while pending completion of the remainder of the building, the Community Development Director may issue a temporary occupancy permit to allow the premises to be occupied for the proposed use. Such permit shall become final only upon full compliance with this Ordinance and the Village Code, and approval by the Community Development Director. The temporary certificates of occupancy process is addressed under Chapter 15.52.070: Temporary Occupancy, of the North Aurora Municipal Code.

2.

Off-street parking and loading facilities required by this chapter shall be completed prior to the issuance of a temporary certificate of occupancy for the use they serve. If weather conditions do not permit such completion, the Community Development Director may issue a temporary occupancy permit. The off-street parking and loading facilities shall be completed prior to the issuance of the final occupancy permit.

E.

Posting. The occupancy permit shall be dated and signed by the Community Development Director and shall identify the approved use or occupancy of the building, site or structure. The permit shall state that the use or occupancy complies with the terms of this Ordinance and all other Village ordinances. Every occupancy permit for a nonresidential use shall be permanently posted in a prominent place on the premises at all times.

F.

Fees. Fees subject to Title 15, Chapter 15.56.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 12-12-04-02, § 3, 12-4-2023; Ord. No. 24-10-07-05, § 9, 10-7-2024)

A.

Purpose. The zoning appeals process for review of decisions of the Community Development Director is intended to provide appropriate checks and balances on administrative authority.

B.

Initiation of Appeals. Applications for appeals may be filed by the owner of, or any person having a right of ownership in, or a valid lease of any property in the Village that is directly affected by a decision made under this Ordinance by the Community Development Director. All applications for appeals of Community Development Director's administrative decisions shall be filed with the Community Development Director in accordance with the requirements in Section 3.1 (Application). All applications for appeals of Community Development Director administrative decisions shall be forwarded to the Zoning Board of Appeals in accordance with the requirements in Section 3.1 (Application).

C.

Authority and Execution. The Zoning Board of Appeals shall take formal action on zoning appeals of Community Development Director's administrative decisions. Only the decisions of the Community Development Director on occupancy permits, zoning interpretations or zoning certificates, or of the on-site plan review applications can be appealed. Other duties, decisions, and actions of the Community Development Director, which are not established by this Ordinance, cannot be appealed under this process.

D.

Procedure. The Zoning Board of Appeals shall hold a public hearing in accordance with Section 3.3 (Public Hearing) within a reasonable time, shall give notice for the public hearing in accordance with Section 3.4 (Public Notice), and shall decide the appeal within a reasonable time. At the hearing of the appeal, any party may appear in person, or by agent or attorney. The Plan Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination.

E.

Limitations on Appeals. A decision may only be appealed if an application is filed within forty-five (45) days of that decision.

F.

Fees. Fees subject to Title 15, Chapter 15.56.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 24-10-07-05, § 9, 10-7-2024)

A.

Purpose. The interpretation authority is intended to recognize that the provisions of this Ordinance, 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 the Ordinance 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. Requests for zoning interpretations may be made by any person that may require a zoning interpretation. In addition, the Village Board, or any Village official may request that the Community Development Director render an interpretation. All requests for interpretations shall be filed with the Community Development Director.

C.

Authority and Execution. The Community Development Director shall review and make final decisions on requests for interpretations. However, the decision of the Community Development Director may be appealed under the provisions of Section 4.6 (Appeal).

D.

Procedure. The Community Development Director shall review 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 Community Development Director shall have the ability to request additional information prior to rendering an interpretation.

E.

Fees. Fees subject to Title 15, Chapter 15.56.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 24-10-07-05, § 9, 10-7-2024)

A.

Enforcement. This Ordinance shall be enforced by the Community Development Director. The Community Development Director may secure the assistance of the Village Attorney to seek an injunction, abatement or other appropriate actions to enjoin, abate, or stop any violation of this Ordinance. At times, the aid of the Police Department and/or Fire Protection District may be sought to enforce this Ordinance. The property owner, lessee and/or any person in violation of any provision of this Ordinance may be held responsible for any legal expenses incurred by the Village, including reasonable attorney's fees.

B.

Penalties. Any person, firm, or corporation, or agent, employee, or contractor of such, who violates, destroys, omits, neglects, or refuses to comply with, or who resists enforcement of any provision in this Ordinance, 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. These penalties are cumulative and do not limit the Village to enforce this Ordinance and violations of it by any other means permitted by law. 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 and remedies for violation of this Ordinance shall be in accordance with Chapter 1.08: General Penalty, of the North Aurora Municipal Code.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)