The building commissioner is designated as the zoning administrator. He shall enforce the provisions of this chapter.

(Ord. No. 17, as revised 5-11-81, § 11.1, 10-11-71)

The plan commission shall:

(1)

Hear and report findings and recommendations to the president and board of trustees on all applications for amendments and special use permits in the manner prescribed by standards and other regulations set forth herein.

(2)

Initiate, direct and review, from time to time, studies of the provisions of the ordinance, and make reports of its recommendations to the president and board of trustees not less frequently than once each year.

(3)

Hear and decide all matters upon which it is required to pass under this chapter.

(Ord. No. 17, as revised 5-11-81, § 12, 10-11-71)

(a)

No building or structure shall be erected, reconstructed, enlarged or moved until a zoning permit shall have been applied for in writing and issued by the zoning administrator. The permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving.

(b)

Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this chapter.

(c)

Every application for a zoning permit submitted to the zoning administrator shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and the location of existing buildings on the lot, accurate dimensions of the lots, yards and building or buildings together with locations and uses with such other information as may be necessary to the enforcement of this chapter.

(Ord. No. 17, as revised 5-11-81, § 11.2, 10-11-71)

(a)

A certificate of occupancy to be issued by the zoning administrator shall be required for any of the following, except buildings incidental to agricultural operations other than residences:

(1)

Occupancy and use of a building erected or enlarged.

(2)

Change in use of an existing building.

(3)

Occupancy and use of vacant land except for the raising of crops.

(4)

Change in the use of land to a use of a different classification except for the raising of crops.

(5)

Any change in the use of nonconforming use.

No such occupancy, use or change of use, shall take place until a certificate of occupancy therefor shall have been issued.

(b)

Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building. Said certificate shall be acted upon within three (3) days after a written request for the same has been made to the zoning administrator after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this chapter.

(c)

Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the zoning administrator for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the village relating to the use or occupancy of the land or building, or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

(d)

Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the zoning administrator.

(e)

If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued within three (3) days after the application for the same has been made.

(f)

Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this chapter.

(g)

A record of all certificates of occupancy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected.

(Ord. No. 17, as revised 5-11-81, § 11.3, 10-11-71)

(a)

Any lawfully-established use of a building or land that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided.

(b)

Any legal nonconforming building or structure may be continued in use provided there are no physical changes other than necessary maintenance and repair, except as otherwise permitted.

(c)

Any building for which a permit has been lawfully granted may be completed in accordance with the approved plans; provided construction is started within ninety (90) days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully-established building.

(Ord. No. 17, as revised 5-11-81, § 5.1, 10-11-71)

(a)

Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a conforming use, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

(b)

Whenever a nonconforming use of a building or structure or part thereof has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.

(c)

Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.

(d)

A nonconforming use not authorized by the provisions of the Olympia Fields Zoning Ordinance in effect on October 11, 1971 shall be discontinued.

(Ord. No. 17, as revised 5-11-81, § 5.2, 10-11-71)

(a)

The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited from October 11, 1971, or the effective date of or any amendment to this chapter which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the period of time specified below:

(1)

Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) shall be removed after two (2) years.

(2)

All nonconforming advertising devices, such as pennants, flags, movable signs, or portable outdoor displays, in any business district shall be removed after two (2) years.

(3)

Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after ten (10) years.

(4)

Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years.

(5)

Any nonconforming house trailers shall be removed after a period of ten (10) years.

(6)

In all residence districts, any use lawfully existing at the adoption of this comprehensive amendment, but permitted only in the B-2, B-3 and B-4 Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential purpose or for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule:

a.

Uses permitted in the B-2, B-3 and B-4 districts, October 11, 1986.

b.

Uses permitted only in the manufacturing districts, October 11, 1979.

(Ord. No. 17, as revised 5-11-81, § 5.3, 10-11-71)

(a)

Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(b)

No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

(1)

When the alteration is required by law.

(2)

When the alteration will actually result in elimination of the nonconforming use.

(3)

When a building in a residence district containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.

(Ord. No. 17, as revised 5-11-81, § 5.4, 10-11-71)

(a)

If a building or other structure (excluding single residential dwelling) containing a nonconforming use is damaged or destroyed by any means to the extent of fifty (50) percent or more of its replacement value at that time, the owner of the building or structure shall be authorized to rebuild or use the building or structure thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than fifty (50) percent of its replacement value, based upon prevailing cost, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. In either event, restoration of repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion.

(b)

If a nonconforming building or structure that is lawfully used as a single residential dwelling is totally or partially damaged or destroyed by any means, the owner of the building or structure shall be authorized to rebuild the building or structure to its original size or larger even if the original building or structure did not or the rebuilt building or structure does not comply with minimum square footage requirements set forth in the zoning ordinance. The owner shall not be authorized to rebuild the building or structure any smaller than the size of the original building or structure.

(Ord. No. 17, as revised 5-11-81, § 5.5, 10-11-71; Ord. No. 2000-18, § 1, 6-12-00)

(a)

A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located, except as provided in section 22-42.

(b)

No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use, except as provided in section 22-42.

(c)

No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on October 11, 1971, or to displace any conforming use in the same building or on the same parcel of land, except as provided in section 22-42.

(d)

A building or structure which is nonconforming with respect to yards, floor area ratio, or any other element of bulk, shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located, except as provided in section 22-42.

(Ord. No. 17, as revised 5-11-81, § 5.6, 10-11-71)

(a)

Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of sections 22-38 and 22-39.

(1)

In any residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.

(2)

In any residence district where a use permitted in the B-1 District occupies ground floor space within a multiple-family dwelling located on a corner lot.

(3)

In any business or manufacturing district, where the use is less distant from a residence district than that specified in the regulations for the district in which it is located.

(4)

In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following:

a.

Floor area ratio;

b.

Lot area per dwelling unit;

c.

Yards—front, side, rear or transitional;

d.

Off-street parking and loading;

e.

Lot area;

f.

Building height;

g.

Gross floor area.

(b)

Wherever a lawfully existing building or structure conforms to the use regulations of the district in which it is located but the building or structure does not comply with the minimum square footage requirements applicable to that district, the building or structure shall be exempt from the requirements of sections 22-38, 22-39, and 22-41 (including subsection (d)). The owner of such building or structure shall be authorized to continue to maintain the existing size of the nonconforming building or structure and shall be authorized to expand the building or structure even if the expansion does not bring the building or structure in compliance with the minimum square footage requirements applicable to that district. The expansion shall comply with all other applicable bulk regulations.

(Ord. No. 17, as revised 5-11-81, § 5.7, 10-11-71; Ord. No. 2000-18, § 2, 6-12-00)

There is hereby established a zoning board of appeals.

(Ord. No. 17, as revised 5-11-81, § 11.4, 10-11-71)

The zoning board of appeals shall consist of seven (7) members appointed by the president with the advice and consent of the board of trustees of the Village of Olympia Fields, Illinois. One (1) of the members of this board shall be a trustee of the village board and shall be appointed for a term which expires on April 30th of each and every year thereafter. The remaining or other members of the zoning board of appeals shall serve for terms of three (3) years each subject to the following conditions:

(1)

Two (2) members shall be appointed to serve until April 30, 1990. Upon either their reappointment or replacement, those terms shall expire on April 30th every three (3) years thereafter.

(2)

Two (2) members shall be appointed to a term initially expiring on April 30, 1991. Upon either their reappointment or replacement, those terms shall expire on April 30th every three (3) years thereafter.

(3)

Two (2) members shall be appointed for terms to expire on April 30, 1992. Upon their reappointment or replacement those terms shall thereafter expire on April 30th every three (3) years thereafter.

Vacancies shall be filled by the president of the Board with the advice and consent of the board of trustees. Members may be removed by the board of trustees for cause after written charges have been filed with the board and after a public hearing has been held thereon if demanded by the member so charged.

(Ord. No. 17, as revised 5-11-81, § 11.4, 10-11-71; Ord. No. 89-17, § 1, 9-11-89; Ord. No. 90-1, § 1, 2-26-90)

(a)

One (1) member of the zoning board of appeals shall be appointed chairman of the zoning board of appeals by the president of the board of trustees who is appointed to the zoning board of appeals and shall hold the office as chairman until a successor is appointed. Such chairman, or in his absence an acting chairman as chosen from and by the membership of the zoning board of appeals, may administer oaths and compel the attendance of witnesses by the issuances of subpoenas therefor.

(b)

The zoning board of appeals shall have a secretary and may employ a court reporter who shall make and keep a record of all of its meetings and official acts.

(c)

The zoning administrator shall attend all meetings called by the zoning board.

(d)

All meetings of the zoning board of appeals shall be held at the call of the chairman and at such other times as the zoning board of appeals may determine. There shall be at least fifteen (15) days, but not more than thirty (30) days' notice of the time and place of a meeting published when a variation is to be considered in a paper of general circulation in the village. The notice 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.

(e)

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. Findings of fact shall be included in the minutes of each case and the reasons for granting or denying each application shall be specified. Every rule, regulation and every order, requirement, decision or determination of the zoning board of appeals shall immediately be filed in the office of the secretary and shall be public record.

(f)

All meetings of the zoning board of appeals shall be open to the public.

(g)

The minutes of the zoning board of appeals shall be open to public examination at reasonable hours.

(h)

The zoning board of appeals shall adopt its own rules of procedure and may require submission of such records, plats and other information necessary to make its determinations. A copy of the rules and procedures, and all recommendations thereto, shall be filed in the office of the secretary.

(Ord. No. 17, as revised 5-11-81, § 11.4, 10-11-71; Ord. No. 89-17, § 2, 9-11-89; Ord. No. 90-1, § 2, 2-26-90)

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

(1)

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

(2)

To hear and pass upon applications for variations from the terms provided in this chapter in the manner prescribed by, and subject to, the standards established herein.

(3)

To hear and decide all matters referred to it or upon which it is required to pass under this chapter as prescribed by statute.

(Ord. No. 17, as revised 5-11-8 1, § 11.4, 10-11-7 1)

Expenses incurred by the zoning board of appeals are to be itemized and shall be borne by the village.

(Ord. No. 17, as revised 5-11-81, § 11.4, 10-11-71)

All decisions and findings of the zoning board of appeals, on appeal or upon application for a variation after a hearing shall, in all instances be reported to the board of trustees for final decision.

(Ord. No. 17, as revised 5-11-81, § 11.4, 10-11-71)

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

(Ord. No. 17, as revised 5-11-81, § 11.5, 10-11-71)

An application for a variation shall be filed in writing with the zoning administrator and shall be accompanied by a fee in the amount established by ordinance. The application shall contain such information as the zoning board of appeals may from time to time, by rule, require. Variations other than those authorized by section 15.4 on which the zoning board of appeals may act, shall be. submitted to the zoning board of appeals and acted on in the following manner:

(1)

The zoning board of appeals shall publish notice of a public hearing on such application for variation, stating the time and place and the purpose of the hearing. Notice shall be published at least fifteen (15) days but not more than thirty (30) days in a paper of general circulation in the village. Notice of the public hearing may be mailed to the petitioner and the owners of all property deemed by the zoning board of appeals to be affected thereby.

(2)

The zoning board of appeals shall within twenty (20) days after the public hearing or hearings, make its recommendations to the board of trustees in writing. The board of trustees shall then act upon such petition for variation within a reasonable time.

(Ord. No. 17, as revised 5-11-81, § 11.5, 10-11-71)

Cross reference— Fee, § 9-26.

The concurring vote of four (4) members of the zoning board of appeals is necessary to grant a variance.

(Ord. No. 17, as revised 5-11-81, § 11.5, 10-11-7 1)

(a)

The zoning board of appeals shall not vary the regulations of this chapter, nor recommend to the board of trustees variation of this chapter, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois Municipal Code are complied with and the following:

(1)

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

(2)

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

(3)

The alleged difficulty or hardship is caused by the ordinance and has not been created by any person presently having an interest in the property;

(4)

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

(5)

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.

(b)

The zoning board of appeals may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established in this section, to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this chapter.

(Ord. No. 17, as revised 5-11-81, § 11.5, 10-11-71)

Variations from this chapter shall be granted by the zoning board of appeals only in accordance with the standards established in section 22-79 above, and may be granted only in the following instances and in no others:

(1)

To permIt any yard or setback less than the yard or setback required by the applicable regulations, but by not more than twenty-five (25) percent.

(2)

To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety (90) percent of the required area and width. The percentage set forth in this paragraph is not to be reduced by any other percentage for minimum lot width and area set forth in this chapter.

(3)

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

(4)

To reduce the applicable off-street parking or loading facilities required by not more than one (1) parking space or loading space, or twenty (20) percent of the applicable regulations, whichever number is greater.

(5)

To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are permitted to be located from the use served.

(6)

To increase by not more than ten (10) percent the maximum gross floor area of any use so limited by the applicable regulations.

(7)

To exceed any of the authorized variations allowed under this section, when a lot of record or a zoning lot, vacant or legally used on October 11, 1974, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding reduced in size so that the remainder of the lot of record or zoning lot or structure on such lot does not conform with one (1) or more of the regulations of the district in which the lot of record or zoning lot or structure is located.

Variations other than those listed above may be granted by the board of trustees, but only after a public hearing by the board of trustees following the same procedure as for an authorized variation.

(Ord. No. 17, as revised 5-11-81, § 11.5, 10-11-71; Ord. No. 94-4, § 2, 2-28-94)

The following special uses may be granted by the board of trustees by ordinance after a public hearing and with prior notice:

(1)

Auditorium, stadium, arena, armory, gymnasium and other similar places for public events, in any commercial or industrial district.

(2)

Railroad passenger station, or any other public transportation terminal facilities, in any commercial or industrial use district.

(3)

General hospital, clinic or medical center, in any use district.

(4)

Golf course, public or private, in any use district.

(5)

Municipal-or privately-owned recreation building or community center, when not operated for pecuniary profit, in any use district.

(6)

Off-street parking areas, noncommercial, in any residential district; provided there is a need for this facility and that no appropriate site is available in nearby commercial or industrial districts.

(7)

Police station or fire station, in any use district.

(8)

Public buildings including art gallery, post office, library, museum or similar structures in any use district.

(9)

Public or private park or playground, in any use district.

(10)

Outdoor satellite television or electronic television signal receiving device, in any district, if not in compliance with article VI, division 1 of this chapter.

(11)

Public telephone booth, not installed in a building or structure but standing in the open for the general use of the public may be permitted in any use district. The installation may be less than the required distance from the centerline of public or private right-of-way, provided, however, that if such booth is installed near an intersection, of two (2) streets or rights-of-way, the minimum setback from one (1) of such intersecting right-of-way lines shall be twenty (20) feet, and provided also that no part of any such booth shall be permitted or, any such right-of-way.

(12)

Public utility facilities, i.e., filtration plant, water reservoir or pumping station, heat or power plant, transformer station and other similar facilities, in any use district other than the commercial or industrial districts where such facilities are permissive uses.

(13)

Establishment that houses five (5) or more coin-operated amusement devices, as defined in section 12-91, in any one (1) location, building or structure, in any business district.

(14)

Railroad right-of-way, in any use district.

(15)

Schools, elementary, high and college, public or private, in any residential district, but not including trade or commercial schools operated for profit, which must be in any commercial or industrial district.

(16)

Financial institutions, the activities of which shall be defined by the charters creating the institutions, by the applicable federal and state laws governing such institutions, and by all administrative regulations governing such institutions, and in the absence of any such definitive standards by activities specifically prescribed by the board of trustees, in any use district.

(17)

Commercial establishment that is open twenty-four (24) hours per day.

(18)

Commercial establishment incorporating a drive-thru operation for pick up or delivery of any item.

(19)

Commercial establishment using any kind of external speaker system to communicate with customers or employees.

(20)

Commercial establishment having only one employee on the premises of the establishment after 10:00 p.m. and before 6:00 a.m.

(21)

Commercial establishment having greater than twenty-five thousand (25,000) square feet of floor space.

(22)

Commercial establishment commonly known as a convenience store wherein a variety of items is sold.

(23)

Automobile service stations.

(24)

Automobile mini-marts.

(25)

Car washes accessory to an approved automobile service station or automobile mini-mart.

(26)

Wireless telecommunication facility in any use district, as provided in division 9, "Wireless Telecommunication Facilities" of this Zoning Ordinance.

(27)

Planned unit development in a B-2 general retail and limited service district.

(Ord. No. 17-R, § 1, 8-10-81; Ord. No. 109, § IX, 11.8-82; Ord. No. 118, Art. I, § 2, 1-14-85; Ord. No. 98-3, § 1, 4-27-98; Ord. No. 2000-17, § 2, 6-12-00; Ord. No. 2000-30, § 1, 11-14-00; Ord. No. 2009-21, § 2, 1-25-10; Ord. No. 2014-21, § 1, 5-27-14; Ord. No. 2017-19, § 2, 7-11-17)

(a)

Any person owning or having an interest in the subject property may file an application to use such land for one (1) or more of the special uses provided for the zoning district in which land is situated.

(b)

An application for special use or expansion of a special use shall be filed with the village clerk and shall be accompanied by such plans or data as prescribed by the plan commission from time to time. The required fee shall be paid.

(c)

Upon receipt of the application referred to above, the plan commission shall hold at least one (1) public hearing. At least fifteen (15) days in advance of such hearing, but not more than thirty (30) days' notice of the time, place and purpose of such hearing shall be published in a newspaper of general circulation in the village.

(d)

For each application for a special use, the plan commission shall report to the board of trustees its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The board of trustees may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty (20) percent of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such special use shall not be granted except by a favorable vote of two-thirds of all the members of the board of trustees.

(e)

Any property subject to a planned unit development approved prior to the effective date of the ordinance adding subsections (17) through (22) [April 22, 1998] to section 22-91 shall be subject to that ordinance, and the owner of property subject to a planned unit development shall be required to submit to the special use procedure set forth in this division if a use classified as a special use is proposed for the planned unit development.

(Ord. No. 17-R, § 2, 8-10-81; Ord. No. 98-3, § 2, 4-27-98)

Cross reference— Fees, § 9-26.

No special use shall be recommended by the plan commission unless the plan commission shall find:

(1)

That the establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

(2)

That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(3)

That the establishments of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

(4)

That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;

(5)

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

(6)

That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the board of trustees pursuant to the recommendations of the plan commission.

(Ord. No. 17-R, § 3, 8-10-81)

Prior to granting any special use, the plan commission may recommend, and the board of trustees shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein, or as may be from time to time required. In all cases in which special uses are granted, the board of trustees shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

(Ord. No. 17-R, § 4, 8-10-81)

Editor's note— Ord. No. 91-12, § 1, adopted Nov. 11, 1991, amended the Code by deleting provisions contained in § 22-95. Said provisions pertained to satellite television or electronic receiving devices and derived from Ord. No. 118, Art. I, § 2, adopted Jan. 14, 1985.

No application for a special use which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the plan commission and the board of trustees.

(Ord. No. 17-R, § 5, 8-10-81)

Amendments may be proposed by the president or the board of trustees, the plan commission, the zoning board of appeals, or any property owner.

(Ord. No. 17, as revised 5-11-81, § 12.3, 10-11-71)

(a)

An application for an amendment shall be filed with the village clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the plan commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the board of trustees to the plan commission with the request to hold a public hearing.

(b)

The plan commission shall give notices of the public hearings to the applicant and to the owners or occupants of other properties which may be affected as determined by the plan commission.

(c)

All notices shall be in writing and shall give the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days, nor less than fifteen (15) days, in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the tax assessor's rolls and with sufficient postage affixed thereon, with return receipt requested.

(d)

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

(e)

Upon receipt in proper form of the application and statement referred to above, the plan commission shall hold at least one (1) public hearing on the proposed amendment. However, the plan commission may continue from time to time the hearing without further notice being published.

(f)

A fee in the amount established by ordinance shall accompany the application.

(Ord. No. 17, as revised 5-11-81, § 12.4, 10-11-71)

Cross reference— Fees, § 9-26.

Within forty-five (45) days after the close of the hearing on a proposed amendment, the plan commission shall make written findings of fact and shall submit same, together with its recommendations to the president and board of trustees. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

(1)

Existing uses of property within the general area of the property in question.

(2)

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

(3)

The suitability of the property in question to the uses permitted under the existing zoning classification.

(4)

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

(Ord. No. 17, as revised 5-11-81, § 12.4, 10-11-71)

(a)

The plan commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested.

(b)

A concurring vote of a majority of those members present at the meeting with a minimum of three (3) concurring votes shall be required to recommend granting or denying an application for an amendment. Report to the board of trustees shall contain number present and number of votes for or against the motion.

(c)

The president and board of trustees, upon receiving the recommendations of the plan commission, may grant or deny any proposed amendment in accordance with applicable law, or may refer to the plan commission for further consideration. If an application for a proposed amendment is not acted upon finally by the board of trustees within six (6) months of the date upon which such application is received by the president and board of trustees, it shall be deemed to have been denied.

(Ord. No. 17, as revised 5-11-81, § 12.5, 10-11-71)