This title shall be administered and enforced by the zoning enforcement officer who shall be appointed by the mayor with the village board's concurrence. Duties of the zoning enforcement officer include:

   A.   Issue building permits, as specified in section 10-3-2-1 of this chapter.

   B.   Accept home occupation permits, as specified in section 10-4-6 of this title.

   C.   Notify any residents responsible for violating any provisions of this title, indicating the nature of the violation, and order the necessary corrective action.

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

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

   F.   Review all cases of encroachment into the required setbacks.

   G.   Assist the village engineer with maintaining and updating the official zoning map. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   H.   Provide staff support to the planning commission regarding all amendments to the regulations, special uses, applications for appeals, variances, or other matters in which the commission is required to consider. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2005-13, 3-9-2005; 2013 Code)

   A.   Permit And Compliance Required: It shall be unlawful to commence the excavation for or construction of any principal building or accessory buildings or to commence the moving or alteration of any buildings, including accessory buildings, in the village where the cost of such construction exceeds one hundred dollars ($100.00), until the zoning enforcement officer has issued a building permit for such work. The permit shall verify that the construction complies with the regulations of this title and the building and health laws of the village.

   B.   Application For Permit; Required Information: In applying to the zoning enforcement officer for a building permit, the applicant shall submit one copy of a dimensioned sketch or site plan, drawn to scale, indicating the shape, size, height, and location of all buildings to be erected, altered, or moved and of any building already on the lot. The drawing shall also include all off street parking and loading facilities and access aisles, any and all drainage patterns and landscaping, and such other information as may be necessary to provide for the enforcement of this title. The applicant shall also state the existing and intended use of all such buildings and supply such other information as may be required by the zoning enforcement officer for determining whether the provisions of this title are being observed. Such plans shall be verified by the signature either of the owner of the premises or by the architect or contractor in charge of operations. A recorded warranty deed or other legal documents showing ownership of the property shall be presented. For the property to be built upon, a copy of an approved county septic and/or well permit shall be obtained.

   C.   Permit Fees: To partially defray the expenses of administering this title, a fee shall be collected by the village clerk. The amount of the fee shall be established from time to time by the village board.

   D.   Issuance Or Denial Of Permit; Records Kept: If the proposed excavation or construction as set forth in the application is in conformity with the provisions of this title and other ordinances of the village, the zoning enforcement officer shall issue a building permit for such excavation or construction. If a building permit is refused, the zoning enforcement officer shall state such refusal in writing, with the cause, and shall immediately forward such notice of refusal to the applicant. The zoning enforcement officer shall grant or deny the permit within ten (10) days from the date the application is submitted. The issuance of a building permit shall in no case be construed as waiving any provisions of this title. A careful record of the applications and plats shall be kept in the office of the village clerk.

   E.   Expiration Of Permit: A building permit shall become void one year after issuance unless substantial progress has been made by that date on the project described therein. If construction has not finished within two (2) years after issuance, the building permit shall become void. Extensions may be offered by the village board if substantial progress has been made or if there are extenuating circumstances. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Notice To Utilities; Issuance: Before a building can be demolished or removed, the owner or agent shall notify all utilities having service connections within the building, such as water, electric, gas, sewer and other connections. A permit to demolish or remove a building shall not be issued until a release is obtained from the utilities stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. The applicant is responsible for all costs of removal, sealing, and/or plugging of utilities. (Ord. 2010-09, 4-14-2010)

   B.   Permit Fee: The fee for a permit for the demolition of a building or structure shall be as provided in subsection 2-3-1A13 of this code. (Ord. 2010-09, 4-14-2010; amd. 2013 Code)

   C.   Term Of Permit: The demolition permit shall only be valid for a period of two (2) months following the issuance thereof. Upon the expiration of two (2) months, the demolition permit shall expire and be of no force and effect.

   D.   Applicability Of Provisions: This section shall only apply to demolitions of buildings or structures where there are village and/or public utilities present in the area where the demolition is being done or where the building or structure to be demolished is greater than one hundred fifty (150) square feet. (Ord. 2010-09, 4-14-2010)

   A.   Issuance; Form: The zoning enforcement officer has the authority to issue an occupancy permit, in the form set out in subsection B of this section, for previously unoccupied single-family residential structures only.

   B.   Form: The permit shall be in the following form:

      OCCUPANCY PERMIT*

      Name(s) of Owner(s):

      RE: Residence located at:                     , North Utica, Illinois

      Building Permit #           LaSalle County P.I.N.                         

      The residence referenced above is located within the Village of North Utica, Illinois and was built pursuant to a Village of North Utica Building Permit. The residence is served by municipal/private water supply and municipal/private waste disposal system. Based upon a single visual inspection on the date of                , 20   , appears to be in a condition suitable for residential habitation.

                                         

      Village Zoning Enforcement Officer

*DISCLAIMER: The issuance of this Permit does not warrant nor guarantee the construction of the residence nor its suitability for residential occupation by the Village or any of its agents, employees, officers, and/or representatives. By requesting issuance of this Permit, the requestor and owner waive any actions against the Village, its agents, employees, officers, and/or representatives and indemnify and hold the same harmless from all liability, including reasonable attorney fees.

   C.   No Warranty: Issuance of the certificate set forth in subsection B of this section does not warrant nor guarantee the construction of the residence, and the village specifically excludes any such warranty or guarantee. (Ord. 2010-09, 4-14-2010)

   A.   Purpose: When a property owner or his agent shows that a strict application of the terms of this title relating to the use, construction, or alteration of buildings or structures or the use of land imposes upon him practical difficulties or particular hardship in that a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title, then the property owner or agent may apply for a variance. The burden of proof lies on the applicant to clearly establish that a variance is necessary.

   B.   Application For Variance: An application for variance shall be made as follows:

      1.   The applicant shall file an application for variance with the village clerk accompanied by a filing fee to be established by the village board.

      2.   The application shall set forth the facts and details concerning the proposed variance and shall have attached thereto a diagram or plan showing the result the proposed variance would have on the subject property and surrounding properties. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

      3.   The application shall contain the following requirements:

         a.   A legal description of the property, common address, and parcel identification number (PIN).

         b.   Any photos or conceptual drawings of the property and the specific area of the property seeking the variance.

         c.   A statement indicating the need for the variance.

         d.   Eleven (11) copies of the preliminary development plan and site plan at a scale of not less than one inch equals fifty feet (1" = 50') showing adjacent property owners, including rights of way; the zoning of adjacent properties; existing improvements and structures; and streets, railroads, waterways, and other necessary physical features. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2007-24, 8-8-2007)

      4.   The application shall be filed prior to the date the notice of hearing specified has been published in the local newspaper.

   C.   Hearing:

      1.   Date And Notice: The village planning commission, through its chairperson, shall set a regular date, time, and place for a public hearing on the application and shall inform the applicant of the same. The chairperson has the option of changing the time and/or date if there is a conflict with other meetings held concurrently at the village hall. Notice of the public hearing of petitioner's application is to be given in the following manner: (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

         a.   By publishing the notice of the date, time, and place of such hearing in a paper of general circulation in the village at least fifteen (15), but not more than thirty (30), days prior to the hearing. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

         b.   By causing the notice to contain the particular location for which the variance is requested as well as a brief statement describing the proposed variance. The legal description shall, in addition to the required metes and bounds or lot and block description, contain a simple description of the property as to area and location of such a nature to enable the ordinary reader to accurately locate such property. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

         c.   The petitioner shall post a sign on the property that is subject to the variance at least ten (10), but not more than thirty (30), days prior to the hearing. The village will supply a sign upon payment by the petitioner of a fifty dollar ($50.00) deposit. The sign shall be displayed in a prominent location on the property until the conclusion of the hearing. The Village reserves the right to specify the location on the property of the placement. The deposit shall be returned to the petitioner upon return of the sign, in the same condition as when issued. (Ord. 2007-24, 8-8-2007)

      2.   Public Hearing:

         a.   No variance in any case shall be made by the Village Board without a public hearing by the Planning Commission as required herein, nor without a report having been made by the commission to the Village Board, and every report shall be accompanied by findings of fact specifying the reasons for the reported recommendations. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

         b.   The Planning Commission shall review the application, the recommendation of the Zoning Enforcement Officer, and the testimony at the public hearing and shall grant the variance, grant the variance requested subject to specified conditions, or deny the variance.

   D.   Planning Commission Findings Of Fact: Before any variance is granted, the Planning Commission must make findings of fact that all of the following conditions are shown to be present:

      1.   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone.

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

      3.   A variation, if granted, will not alter the essential character of the locality.

      4.   The variance would not grant more relief than necessary to alleviate the alleged hardship.

      5.   The variance would not allow the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot.

      6.   The variance would not increase the danger of fire or floods, endanger the public safety, or increase the need for repairs to roads, utilities, and other public facilities.

      7.   The variance would not result in a use or development of the subject lot that would not be in harmony with the general and specific purposes of this title or the general purpose and intent of the North Utica comprehensive plan.

   E.   Village Board Decision:

      1.   Upon the report of the Planning Commission and the Zoning Enforcement Officer, the Village Board, without further public hearing, may adopt or deny any proposed variance or may refer the report back to the commission for further consideration.

      2.   No variance 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 Village Board. If the commission neither approves nor disapproves the variance within sixty (60) days after the same has been submitted, it shall be considered to be approved by the commission. However, the commission may extend this time for the purposes of continuing the public hearing.

   F.   Conditions Of Variance: In granting a variance, the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this title. Violation of any of these conditions or safeguards shall be deemed a violation of this title. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   G.   Administrative Variations: Notwithstanding the aforesaid procedures for a variance, the Village Board, upon the favorable vote of not less than two-thirds (2/3) of the Corporate Authorities then holding office, may grant a variation without the necessity of a public hearing upon the following conditions:

      1.   A petition for administrative variation shall be filed with the Zoning Enforcement Officer and Village Clerk with all filing fees paid to the Village Clerk;

      2.   The administrative variation shall not seek any variance in excess of twenty five percent (25%) of any numeric standards required by this title;

      3.   The petition for administrative variation shall be accompanied by affidavits from all contiguous property owners giving the common address and legal description of their respective properties and stating they have no objections to the requested administrative variation;

      4.   The administrative variation shall apply only to properties located within R-1 Single-Family Residential Districts, R-2 Two-Family Residential Districts, and R-3 Multi-Family Residential Districts zoning classifications;

      5.   The administrative variation shall be recommended to the Village Board by the Zoning Enforcement Officer of the Village. (Ord. 2019-08, 4-10-2019)

   A.   Authority: The President and Village Board may amend, supplement, change, modify, or repeal the regulations, restrictions, and boundaries as provided in the text and map portions of this title. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   B.   Types Of Amendments:

      1.   Text Amendments: Amendments to the text of this title shall be referred to as "text amendments". The Planning Commission, Village Board, Zoning Enforcement Officer, Village Legal Counsel, or any developer with property located within the boundaries of the Village may initiate such amendments. An application for amendment is required for any text amendment.

      2.   Map Amendments: Amendments to the location of land use district boundaries of the official zoning map shall be referred to as "map amendments". The planning commission, village board, zoning enforcement officer, village legal counsel, or any developer with property located within the boundaries of the village may initiate such amendments. An application for amendment is required for any map amendment. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

   C.   Application For Amendment:

      1.   A text or map amendment may be requested following the submission of the appropriate application form to the zoning enforcement officer. The text amendment application must state the specific location in this title proposed for amendment, the proposed substitute wording, and the reasons for requesting the amendment. The following may also be required, depending on the nature of the amendment:

         a.   A legal description of the property, the common address, and parcel identification number (PIN) of the property.

         b.   The name and address of the property owner(s) of the parcel that are the subject of the proposed amendment request.

         c.   The present zoning classification and proposed reclassification of the land proposed. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2007-24, 8-8-2007)

      2.   The application shall be filed prior to the date the notice of hearing specified has been published in the local newspaper.

   D.   Filing Fee: In order to partially defray the expenses of an amendment, such person petitioning for a zoning change shall deposit with the village treasurer a fee as established by the village board. No part of such amount shall be refunded for failure of the amendment to be enacted into law.

   E.   Public Hearing:

      1.   A public hearing shall be held by the planning commission before adoption of any amendment, supplement or change. Once the commission has heard the relevant facts regarding the case, the commission will give a recommendation to either accept or deny any or all of the proposed amendment to the village board.

      2.   Notice of the public hearing will be given in the following manner: (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

         a.   By publishing public notice of the time and place of such hearing in a newspaper of general circulation within the community not more than thirty (30) nor less than fifteen (15) days before the hearing. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

         b.   By causing the notice to contain the particular location for which the amendment is requested as well as a brief statement describing the proposed amendment. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

         c.   The petitioner shall post a sign on the property that is subject to the zoning amendment application at least ten (10), but not more than thirty (30), days prior to the hearing. The village will supply a sign upon payment by the petitioner of a fifty dollar ($50.00) deposit. The sign shall be displayed in a prominent location on the property until the conclusion of the hearing. The village reserves the right to specify the location on the property of the placement. The deposit shall be returned to the petitioner upon return of the sign, in the same condition as when issued. (Ord. 2007-24, 8-8-2007; amd. 2013 Code)

      3.   No amendment, in any case, shall be made by the village board without a public hearing by the planning commission as required herein nor without a report having been made by the commission to the village board, and every report shall be accompanied by findings of fact specifying the reasons for the reported recommendations. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

      4.   The planning commission shall review the application, the recommendation of the zoning enforcement officer, and the testimony at the public hearing and shall recommend the approval of the amendment, recommend approval of the amendment requested subject to specified conditions, or recommend denial of the amendment.

   F.   Criteria For Planning Commission Decision: Where the planning commission is making a decision regarding an amendment to the zoning text or map, the following criteria shall be followed:

      1.   The proposed rezoning or text amendment conforms to the North Utica comprehensive plan.

      2.   The proposed rezoning or text amendment will not have a significant detrimental, long range effect on the development of surrounding land uses.

      3.   The proposed rezoning or text amendment will not have a detrimental effect on surrounding property values.

      4.   The greater good of the general public will be served rather than hardship imposed on the property owner(s) and will not amount to spot zoning.

      5.   The proposed rezoning or text amendment promotes the health, safety, and welfare of the general public.

      6.   The proposed rezoning or text amendment constitutes an expansion of an existing zoning district that, due to the lack of undeveloped land, can no longer meet the demand for the intended land uses.

      7.   The proposed rezoning or text amendment is suitable for the property and can be supported through sufficient public infrastructure and services.

   G.   Village Board Decision:

      1.   Upon the report of the planning commission and the zoning enforcement officer, the village board, without further public hearing, may adopt or deny any of the proposed amendment or may refer the report back to the commission for further consideration.

      2.   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. If the commission neither approves nor disapproves the amendment within sixty (60) days after the same has been submitted, it shall be considered to be approved by the commission. However, the commission may extend this time for the purpose of continuing the public hearing.

   H.   Written Protest: 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 the members of the village board. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Authority:

      1.   An appeal to the board of appeals may be taken by any person aggrieved by any order, requirement, decision, or determination of the zoning enforcement officer based in whole or in part upon the provisions of this title.

      2.   An appeal to the village board may be taken by any person aggrieved by any order, requirement, decision, or determination of the planning commission. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   B.   Filing Appeal: Such appeal shall be filed with the village clerk and the board of appeals or village board within forty five (45) days of the action appealed. Upon appeal, the zoning enforcement officer shall immediately transmit to the board of appeals or village board all papers constituting the record upon which the action appealed was taken.

   C.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals, after the notice of appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a circuit court on application and on notice to the officer from whom the appeal is taken, and on due cause shown.

   D.   Hearing: The board of appeals or village board shall fix a reasonable time for hearing of the appeal, a notice of which 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. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

   E.   Vote: The concurring vote of two-thirds (2/3) of the members of the board of appeals or village board is necessary to reverse any order, requirement, or decision of an administrative official, or to decide in favor of the applicant.

   F.   Record Of Decision: Each decision of the board of appeals or village board shall be in writing and shall include the conclusions regarding each standard applicable to the proposed development.

   G.   Appeals To Court: An appeal of a decision of the village board shall be made to a court of competent jurisdiction pursuant to the provisions of the administrative review act, 735 Illinois Compiled Statutes 5/3-101 et seq. The appealing party shall bear the cost of preparing the record on appeal. Copies of any orders or proceedings ordered by the appellant shall be furnished to the appellant at his or her own cost. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the proper authorities of the village board, in addition to other remedies, may institute any appropriate action or proceedings to prevent the occupancy of such building, structure or land. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   B.   Any person violating any provisions of this title shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day a violation is permitted to exist shall constitute a separate offense. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

The planning commission may be provided in accordance with state law, 65 Illinois Compiled Statutes 5/11-12-4, and is intended to serve many purposes. In every case, they shall make a recommendation to the village board regarding the proposed development or change to this title. The commission shall hold the following duties: (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

   A.   To prepare and recommend to the village board a comprehensive plan for the present or future or redevelopment of the village and the one and one-half (11/2) miles extraterritorial jurisdiction.

   B.   To recommend periodic changes to the official comprehensive plan.

   C.   To hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of this title.

   D.   To conduct public hearings and submit reports and recommendations to the village board on proposed text or map amendments to the regulations imposed by this title.

   E.   To conduct public hearings and submit reports and recommendations to the village board on petitions for variances.

   F.   To conduct public hearings and submit reports and recommendations to the village board on petitions for special use permits.

   G.   To submit reports and recommend approval or disapproval of preliminary plats for subdivisions and, if directed by the village board, to report on final plats for subdivisions.

   H.   To conduct public hearings and recommend approval or disapproval of preliminary development plans for planned developments and to report on final development plans.

   I.   When required by this title or the village board, to conduct public hearings and recommend approval or disapproval of site plans.

   J.   To conduct public hearings and recommend approval or disapproval of petitions for annexation agreements and to recommend approval or disapproval of petitions for annexations.

   K.   To recommend approval or disapproval of requests for street, alley, or plat vacations. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

There is hereby established a planning commission. The commission shall consist of nine (9) members nominated by the mayor of the village and appointed by the village board. The members of the commission shall serve for the following initial term: four (4) for one year and five (5) for two (2) years. The successor of each member so appointed shall serve for a term of two (2) years. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

One of the members of the commission shall be designated by the mayor, with the consent of the village board, as chairperson and shall hold office as chairperson until a successor is appointed. Such chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

Vacancies shall be filled by the mayor, subject to consent of the village board, for the unexpired term. Members may be removed by the village board for cause and after a public hearing has been held if demanded by the member so charged. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

   A.   Time Of Meetings; Notice Requirements: All meetings of the commission shall be held at the call of the chairperson and at such other times as the chairperson may determine. There shall be at least fifteen (15) days', but not more than thirty (30) days', notice of the time and place of such meeting published in a paper of general circulation in the village and shall contain a statement of the particular purpose of such meeting and a brief description of the location of the property or properties under consideration at such meeting.

   B.   Public Meetings: All meetings of the commission shall be open to the public.

   C.   Record Of Meetings: The commission shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in writing for the minutes of each case, and the commission's recommendations to the village board to grant or deny each application shall be specified. Every rule and regulation, and every order, requirement, decision, or determination of the commission shall immediately be mailed to the applicant and the owner of record (if different from the applicant) and filed in the office of the village clerk and shall be a public record.

   D.   Quorum: No hearing shall be conducted without a quorum of the planning commission being present. A quorum shall consist of a majority of all the members.

   E.   Rules Of Procedure: The commission shall adopt its own rules of procedure, a copy of which and all recommendations thereto shall be filed in the office of the village clerk. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

All members of the commission shall serve without compensation. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

The village zoning board of appeals is hereby created in accordance with Illinois statutes. The president shall appoint a zoning board of appeals consisting of seven (7) members which shall be confirmed by a majority vote of the members of the village board present and voting thereon. The members appointed shall serve respectively for the following terms: 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 appointed to serve for a term of five (5) years. (Ord., 1998)

One of the members so appointed shall be named as chairperson at the time of his appointment, and in case of vacancy, the president shall designate a chairperson which shall be confirmed by a majority vote of the village board present and voting thereon. (Ord., 1998)

The president shall have the power to remove any member of the zoning board of appeals for cause, after public hearing. Vacancies on the zoning board of appeals shall be filled, for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such new member. (Ord., 1998)

   A.   General Requirements: All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such times and places within the village as the zoning board of appeals may determine. All testimony by witnesses at any hearing provided for in this title shall be given under oath. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses.

   B.   Public Meetings: All meetings of the zoning board of appeals shall be open to the public.

   C.   Vote: The concurring vote of four (4) members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision, or determination of the zoning enforcement officer or to decide in favor of the applicant on any matter which the board is authorized by this title to render a decision.

   D.   Record Of Meetings: The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule and regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the zoning board of appeals shall immediately be filed in the office of the zoning board of appeals and shall be a public record. (Ord., 1998)

The zoning board of appeals is hereby vested with the following jurisdiction and authority:

   A.   To hear and decide an appeal from any order, requirement, decision, or determination made by the zoning enforcement officer or other authorized official of the village with jurisdiction over such matters.

   B.   To hear all applications for variations from the terms provided in this title in the manner and subject to the standards set forth in this section.

   C.   To hear and decide upon all matters referred to it or upon which it is required to pass under this title, in accordance with applicable Illinois statutes. (Ord., 1998)

In the performance of its duties, the zoning board of appeals may incur such expenditures as shall be authorized by the village board. (Ord., 1998)

The intent of establishing site plan review provisions is to promote orderly development and redevelopment within the village. The use and development of the land shall further the public's health, safety, and welfare, shall minimize the negative impacts of such development, and shall be consistent with the goals and policies of the comprehensive plan. This chapter shall outline the objectives to preserve and enhance the character and appearance of the village. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2005-13, 3-9-2005)

   A.   A site plan shall be submitted to the village clerk prior to building permit approval. The planning commission and, if necessary, village board shall grant approval of the site plan for the following purposes:

      1.   For approval for all new construction of any proposed uses in the R-3, C-1, C-2, C-3, I-1, and I-2 districts. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

      2.   For approval for any modifications and alterations to existing buildings that increase the total floor area by at least twenty five percent (25%) and are in the R-3, C-1, C-2, C-3, I-1 and I-2 districts. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2005-13, 3-9-2005)

   B.   A site plan shall be submitted and approved prior to the construction or alteration of a proposed use. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   The property owner or duly authorized agent or attorney shall file an application for site plan approval with the village clerk in order to obtain a building permit.

   B.   Eleven (11) copies of the site plan shall be submitted to the village clerk at a scale of not less than one inch equals fifty feet (1" = 50') showing the following items:

      1.   A legal description of the property and name and address of the property owner and developer (if applicable).

      2.   Adjacent property owners, including rights of way; the zoning of adjacent properties; existing improvements and structures; and railroads, waterways, and other necessary existing physical features.

      3.   Proposed buildings with footprint dimensions, building area in square feet, and number of stories.

      4.   Location of existing and proposed streets, sidewalks, curb cuts, easements, and rights of way.

      5.   Proposed location, height, size, and materials for any parking lots, storage areas, landscaping, fencing, and signage.

      6.   Location, size and elevation of proposed or existing sanitary sewers, storm sewers, water mains, hydrants, gas lines, underground power and communication lines, catch basins, drywells, manholes, and any other appurtenances.

      7.   Drainage design for roof areas, parking lots and driveways, and sump pumps, showing area for or method of disposal of surface runoff waters.

   C.   Photos or conceptual sketches showing the design of the prospective structure(s). (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   The zoning enforcement officer and all appropriate village and county officials shall review the site plan prior to the issuance of a building permit. Approval of a building permit shall be based on conformity to the regulations found within this title and conformance to overall site design criteria. The zoning enforcement officer shall pay particular attention to the following items:

      1.   Building density, height, and setbacks.

      2.   Lot area and lot coverage standards, including any designation of open space.

      3.   Compatibility with neighborhood character.

      4.   Off street parking and loading regulations and design.

      5.   Accessibility of automobile and pedestrian traffic.

      6.   Impact on surrounding infrastructure.

      7.   Signage size and location.

      8.   Landscaping and screening regulations.

      9.   Other site design characteristics as deemed necessary.

   B.   No departure from the approved plan shall be permitted without the express written consent of the zoning enforcement officer. The land area of a site developed pursuant to an approved plan shall not thereafter be enlarged or reduced in size, and no substantial change shall thereafter be made to any of the structures or facilities approved on the original site plan without submission of a new plan. The procedures for review and approval or disapproval of a new or revised plan shall be the same as for the initial application. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   C.   All areas within the boundaries of the CSX Railroad tracks on the north, Division Street on the west, the I&M Canal on the south, and Vine Street on the east are further subject to the downtown design guidelines. All properties within this district are not required to meet all of the suggested guidelines but must prove that the project will contribute positively to the traditional character of the area. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

   A.   The village clerk shall provide the recommendation of the zoning enforcement officer to the applicant and the planning commission after completion of his review according to the regulations provided in this article. The commission shall vote to either approve, approve with modifications, or reject the site plan. Unless the site plan is part of a special use permit or amendment, no further action is required by the village board. Site plans seeking a special use permit or amendment shall follow the requirements for the respective procedure. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

   B.   No public hearing is required for final site plan approval by the planning commission unless the applicant is seeking a special use permit or amendment. If the planning commission must hold a public hearing, it will give a recommendation to either accept or deny the site plan proposal to the village board after hearing the relevant facts regarding the case. Notice of the public hearing will be given in the following manner:

      1.   By publishing notice of the time and place of such hearing in a paper of general circulation in the village not less than fifteen (15) nor more than thirty (30) days prior to the date of the hearing. The planning commission shall be given at least fifteen (15) days to review the special use or amendment proposal.

      2.   By causing the notice to contain the particular location for which the proposed development is requested as well as a brief statement describing the site plan. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

      3.   The petitioner shall post a sign on the property that is subject to the site plan approval at least ten (10), but not more than thirty (30), days prior to the hearing. The village will supply a sign upon payment by the petitioner of a fifty dollar ($50.00) deposit. The sign shall be displayed in a prominent location on the property until the conclusion of the hearing. The village reserves the right to specify the location on the property of the placement. The deposit shall be returned to the petitioner upon return of the sign, in the same condition as when issued. (Ord. 2007-24, 8-8-2007; amd. 2013 Code)

   C.   If no building permit is issued for the site within one year from the date of approval by the planning commission, the site plan shall be considered null and void. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

If the planning commission is required to hold a public hearing regarding the proposed development seeking a special use permit or amendment, the village board shall vote to either approve or deny the proposed development based on the regulations found within this title. (Ord. 2005-13, 3-9-2005)

If the planning commission denies the site plan, the applicant may file an appeal with the village board within twenty (20) days of the action appealed. All of the appeals shall be in accordance with the regulations of section 10-3-5 of this chapter. (Ord. 2005-13, 3-9-2005)