A.   No building shall be erected or substantially altered unless a building permit has been issued by the zoning administrator stating that the building complies with this zoning title. For purposes of this subsection, the construction of a garage, deck, porch, patio, fence, satellite dish or swimming pool shall be deemed an alteration of a building. (Ord. 93-11, 6-14-1993)

   B.   Initiation: An application for a variance may be made by any person, firm or corporation requesting or intending to request application for a building permit or by a person who has been notified by the Zoning Administrator that his property is not in compliance with this Title. Any applicant for a variance of the provisions of this code must submit a drawing showing the provisions of any request for a variance, and must locate the survey pins on the corners of the subject property. If the pins can not be located, the applicant must obtain a new survey of the property to place the pins.

Each application for building permit shall be accompanied by a fee, as follows:

 

(Ord. 12-13, 8-27-2012)

   C.   Upon receipt of an application for building permit, the zoning administrator shall refer the application to the various village utility departments and/or JULIE (joint utility locating information for excavating) to determine whether the proposed structure would interfere with any installed utility or any easement. No permit shall issue if such interference is present unless consented to in writing by the affected public utility or where a village owned utility is involved, by the village.

   D.   Within ten (10) days of receipt of an application for building permit accompanied by an appropriate fee, the zoning administrator shall issue the permit or deny the permit. In the event the permit is denied, the zoning administrator shall state his reasons, in writing, and shall refer to the appropriate provisions of this zoning title. The denial of the building permit shall state that the applicant has ten (10) days to appeal the denial to the zoning board of appeals in accordance with the procedures set forth in this title.

   E.   The holder of a building permit shall begin construction of the work described in the building permit within six (6) months of the date of issuance of the building permit and shall finish construction of the work within one year of issuance of the building permit. If the work is not begun and completed within the time set forth in this subsection, the building permit shall lapse and the holder thereof shall be required to apply for a new building permit for the lot in question.

   F.   Building permits are nontransferable.

   G.   Building permits shall be prominently displayed at the site of construction in an area protected from the weather or in a transparent waterproof envelope or other suitable frame.

   H.   A record of all building permit applications and building permits shall be kept on file by the zoning administrator and shall be a public record.

   I.   No building permit application fee shall be required where:

      1.   A building permit application is denied and the application is amended and resubmitted within fourteen (14) calendar days; or

      2.   A building permit application is denied, the applicant seeks and obtains a variance which obviates the grounds for denial, and the building permit application is resubmitted within fourteen (14) calendar days of the grant of variance. (Ord. 93-11, 6-14-1993)

The zoning administrator of the village or other officials that have been or shall be duly appointed by the village president, shall enforce this title and, in addition thereto and in furtherance of said authority, shall:

   A.   Issue building permits and make and maintain records thereof.

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

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

   D.   Report periodically to the appropriate committee of the village board.

   E.   Receive, file and forward to the zoning board of appeals all applications for appeals, variations and other matters on which the zoning board of appeals is required to decide under this title.

   F.   Provide such clerical and technical assistance as may be required by the zoning board of appeals in the exercise of its duties. (Ord. 93-11, 6-14-1993)

   A.   Creation: The zoning board of appeals of the village is created pursuant to 65 Illinois Compiled Statutes 5/11-13-3. The zoning board of appeals created as said shall consist of seven (7) members, each with a five (5) year term commencing January 1 of each calendar year as set forth in section 5/11-13-3 of the Illinois municipal code 1 . Members of the board of appeals shall be appointed by the president and board of trustees. One of the members so appointed shall be named as chairman at the time of appointment. Terms of members shall commence on the date of their appointments. All of the members of said board shall receive the sum of forty dollars ($40.00) for each meeting of the board of appeals or the plan commission attended by said member, with all such payments to be made from the general corporate fund of the village. All members of said board shall be subject to removal by the president and board of trustees of the village for a good cause after public hearing. The members of the zoning board of appeals shall have powers and duties assigned to the zoning board of appeals by statute and ordinance. (Ord. 93-11, 6-14-1993; amd. Ord. 02-01, 2-11-2002, eff. retroactive to 11-12-2001)

   B.   Procedure: In accordance with the applicable statutes of the state, as follows:

      1.   All appointments to the zoning board of appeals shall be made by the village president subject to approval of the village board. One of the members so appointed shall be named as chairman at the time of his appointment. Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. In the event that the office of the chairman is vacated for any reason, the village board shall immediately appoint at its option either one of the remaining members on the board, or any member who is appointed to fill such vacancy on the board as the new chairman.

      2.   All meetings of the zoning board of appeals shall be held at the call of the chairman, and at such other times as the board may determine. All testimony by witnesses at any hearing provided for in this Title may be given under oath at the option of the chairman. The chairman, or in his absence, the acting chairman, may administer oath and compel the attendance of witnesses. All meetings of the Zoning Board of Appeals shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating the fact, and shall also keep records of its examinations and other official actions. Every rule, 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 Village Clerk and shall be of public record.

   C.   Jurisdiction and Authority:

      1.   The Zoning Board of Appeals is hereby invested with the powers as granted by the statutes of the State and this Title, as follows:

         a.   To hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator pertaining to conformance with requirements of this Title.

         b.   To hear and decide variances 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 all matters referred to it or upon which it is required to pass under this Title.

   D.   Decisions:

      1.   All final decisions arrived at by the Zoning Board of Appeals shall require the concurring vote of four (4) of its members.

      2.   All final decisions of the Zoning Board of Appeals on appeals from decisions of the Zoning Administrator shall, in all instances, be final administrative determinations subject to judicial review in accordance with applicable statutes of the State. (Ord. 93-11, 6-14-93)

   A.   Authority: The Zoning Board of Appeals shall hear and decide appeals from an administrative order, requirement, decision or determination made by the Zoning Administrator.

   B.   Initiation: An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation or by any office, department, board, bureau or commission aggrieved by an administrative order, requirement, decision or determination under this Title by the Zoning Administrator.

   C.   Processing: An appeal shall be filed with the Village Clerk. The Village Clerk shall forward such appeal to the Zoning Board of Appeals for processing in accordance with the applicable statutes of the State 1 .

   D.   Decisions: All decisions, after hearing before the Zoning Board of Appeals on appeals from an administrative order, requirement, decision or determination relating to this Title, of the Zoning Administrator shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable statutes of the State 2 . (Ord. 93-11, 6-14-93)

   A.   Authority: The Zoning Board of Appeals shall decide variances of the provisions of this Title in harmony with its general purpose and intent and shall vary them only in the specific instances hereinafter set forth where the Zoning Board of Appeals shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this Title.

   B.   Initiation: An application for a variance may be made by any person, firm or corporation requesting or intending to request application for a building permit or by a person who has been notified by the Zoning Administrator that his property is not in compliance with this Title.

   C.   Processing:

      1.   An application for a variance shall be filed with the Village Clerk. The Village Clerk shall forward such application to the Zoning Board of Appeals for processing in accordance with the applicable statutes of the State 1 .

      2.   No variance shall be made by the Zoning Board of Appeals except after a public hearing before the Zoning Board of Appeals, of which there shall be a notice of time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the Village, and a written notice is served at least fifteen (15) days before the hearing on the owners of the properties located adjacent to the location for which the variation is requested.

   D.   Decisions: All decisions of the Zoning Board of Appeals on variations arrived at after the hearing shall require a concurring vote of four (4) of its members, and such decisions shall be final, subject only to judicial review in accordance with applicable statutes of the State.

   E.   Standards:

      1.   The Zoning Board of Appeals shall not vary the provisions of this Title as authorized in this Section unless it shall have made findings based upon the evidence presented to it that all of the following conditions apply:

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

         b.   That the plight of the owner is due to unique circumstances; and

         c.   That the variance, if granted, will not alter the essential character of the locality.

      2.   The Zoning Board of Appeals, in making the foregoing determination, may take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

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

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

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

         d.   That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

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

         f.   That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.

      3.   The Zoning Board of Appeals may require such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set forth in this Section to reduce or minimize the injurious effect of such variance upon other property in the neighborhood and to implement the general purpose and intent of this Title.

   F.   Authorized Variances: Variation from the regulations of this Title may be decided by the Zoning Board of Appeals only in accordance with the standards set forth in this Section, and only in the following instances and no others:

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

      2.   To permit the use of a lot not of record on September 8, 1975, for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than ninety percent (90%) of the required lot area;

      3.   To permit parking lots to be illuminated between the hours of nine thirty o'clock (9:30) P.M. and seven o'clock (7:00) A.M.;

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

      5.   To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the uses served; and

      6.   To allow any permitted nonresidential use in a residence district to exceed the floor area ratio imposed by the applicable regulations.

      7.   To allow a variance on the permissible scope of home occupations (as defined in Section 9-1-4 of this Title) as follows:

         b.   To allow reasonable exterior display and exterior storage of materials and equipment used in home occupations;

         c.   To allow reasonable on-street parking in connection with home occupations; provided, however, that:

         d.   Where variances are allowed under subsection F7a, F7b and F7c of this Section, the Zoning Board of Appeals may restrict the hours of operation of the home occupation or any exterior sign, display or storage or on-street parking; the Zoning Board of Appeals may condition any such variance upon observance by the occupant of such restrictions, and upon notice and hearing, the Zoning Board of Appeals may revoke such variance for breach of such restrictions.

      8.   To allow variances from requirements for swimming pools, fences and satellite dishes. (Ord. 93-11, 6-14-1993)

      9.   No variance shall be allowed which would permit a fence, swimming pool, satellite dish, porch or other permanent or semi- permanent structure within an easement owned by the Village or otherwise dedicated to public use, without the consent of the Village Board. In the event the Zoning Board of Appeals receives an application for such a variance, it shall consider the application as in the case of any variance request. It may deny the request, in which case no further action by the Village Board is required. But if the Zoning Board of Appeals grants the variance, such a grant of variance shall be conditional upon approval by the Village Board. The Village shall approve such a variance only by motion made, seconded and duly recorded in the minutes. Any variance which would allow encroachment upon an easement owned by the Village or by a public utility shall be subject to the condition that should the Village or public utility order the removal of the encroaching structure, the structure shall be removed by the property owner. The variance shall be subject to the further condition that should the property owner fail to remove the encroaching structure within the time ordered by the Village Board or public utility, or in the event of an emergency, or in the event the property owner is not available, the Village or the public utility may remove the encroaching structure, and the property owner shall not be entitled to any compensation whatever for damages caused thereby. (Ord. 96-15, 8-12-1996)

   G.   Duration Of Variance:

      1.   A variance shall be extinguished if construction of the variance is not completed within six (6) months of the date the variance is granted, unless additional time is allowed at the time the variance is granted.

      2.   A variance is extinguished if its use lapses for a period of six (6) months.

      3.   A variance allowing a shed or other obstruction in an easement, right of way, required yard or swale shall be extinguished upon thirty (30) days notice to the property owner, if the Village Board determines that the obstruction is a hindrance to the operation, maintenance or repair of drainage, utilities or other uses of the easement, right of way, required yard or swale. The property owner recognizes that in the event of an emergency, any shed or other obstruction may be moved by the Village of utility company in order to effectuate needed repairs, and the property owner is solely responsible for any damages to the personal property located in the easement.

(Ord. 93-11, 6-14-1993; amd. Ord. 20-01, 2-24-2020)

   A.   Creation: The Plan Commission of the Village is created. The members of the Plan Commission shall be the same as the members of the Zoning Board of Appeals 1 . Members of the Zoning Board of Appeals and Plan Commission may at any meeting constitute themselves as the Zoning Board of Appeals or as the Plan Commission, or both, but in the event they act as both the Zoning Board of Appeals and the Plan Commission in a single meeting, they shall be entitled to compensation for only one meeting.

   B.   Jurisdiction And Duties: The Plan Commission is hereby vested with the following powers and duties in the administration of this Title:

      1.   To meet at least once per calendar quarter.

      2.   To post or publish notices of public hearings and to hold such hearings as requested by the applicable statutes of the state, pertaining to proposed amendments to the regulations imposed and the districts created by this title and to proposed conditional permitted uses, as established in this title.

      3.   To make written reports and recommendations to the village board on any such proposed amendments or proposed special uses.

      4.   To initiate, direct, and review, from time to time, studies of the provisions of this title and to make reports of its recommendations to the village board.

      5.   To hear and decide all matters which it is required to act upon under this title. (Ord. 93-11, 6-14-1993)

      6.   To conduct hearings on adult use permits in accordance with title 12 of this code. (Ord. 01-15, 10-22-2001)

   A.   Authority: The regulations imposed and the districts created under the authority of this title may be amended, from time to time, by ordinance in accordance with the applicable statutes of the state 1 . An amendment shall be granted or denied by the village board only after a public hearing before the plan commission and a report of its findings and recommendations has been submitted to the village board.

   B.   Initiation Of Amendment: Amendments may be proposed by the village board, by the plan commission or by a resident of or owner of property in the village.

   C.   Processing: An application for an amendment shall be filed with the village clerk and thereafter introduced into the village board. Such application shall be forwarded from the village board by the village clerk to the plan commission with a request to hold a public hearing in accordance with applicable statutes of the state, and thereafter to submit a report of its findings and recommendations to the village board.

   D.   Decisions: The village board, after receiving the report of the plan commission, and without further public hearing, may grant or deny any proposed amendment in accordance with applicable statute of the state, or may refer it back to the plan commission for further consideration. (Ord. 93-11, 6-14-1993)

   A.   Purpose: The development and execution of the zoning title 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 conditional permitted 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 those uses upon neighboring lands and upon public need for the particular use of the particular location. Such conditional permitted uses fall into two (2) categories:

      1.   Uses operated by a public agency or publicly regulated utilities or uses traditionally affected 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.   Authority:

      1.   Conditional permitted uses shall be authorized or denied by the village board in accordance with the regulations and condition set forth in this title for conditional permitted uses.

      2.   No application for a conditional permitted use shall be acted upon by the village board until after:

         a.   A written report is prepared and forwarded to the village board by the plan commission in a manner prescribed herein for amendments to this title; and

         b.   A public hearing has been held by the plan commission after due notice by publication as provided by the applicable statutes of the state for amendments, and the findings and recommendations of the plan commission have been reported to the village board.

   C.   Initiation: An application for a conditional permitted use may be made by any person, firm or corporation or by an office, department, board, bureau or commission requesting or intending to request a zoning certificate.

   D.   Processing: An application for a conditional permitted use, in such form and accompanied by such information as shall be established from time to time by the plan commission, shall be filed with the village clerk and thereafter processed in the manner prescribed heretofore for applications for amendments.

   E.   Decisions:

      1.   The village board, upon report of the plan commission and without further hearing, may authorize or deny an application for a special use in accordance with the statutes of the state applicable to amendments, or may refer it back to the plan commission for further consideration.

      2.   No conditional permitted use shall be authorized by the village board unless the conditional permitted use:

         a.   Is deemed necessary for the public convenience at that location;

         b.   Is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; and

         c.   Would not cause substantial injury to the value of other property in the neighborhood in which it is located. (Ord. 93-11, 6-14-1993)

Any application for an amendment, conditional permitted use, variance or appeal filed by or on behalf of the owner or owners of the property affected shall be accompanied by an application fee of two hundred eighty dollars ($280.00), plus the cost of publication of the notice in the Pawnee Post or other newspaper of general circulation within the village.

Any applicant for a variance, amendment, conditional permitted use or appeal of the provisions of this code must submit a drawing showing the provisions of any request for a variance, and must locate the survey pins on the corners of the subject property. If the pins can not be located, the applicant must obtain a survey of the property to place the pins. Village employees will not locate pins for purposes of meeting this requirement.

Any application for any action, filed by an officer, board or commission of the village of Pawnee, Illinois, not on behalf of any specific private interest, shall not be accompanied by any fee.

(Ord. 08-10, 6-23-2008; amd. Ord. 20-03, 3-30-2020)

Any person, firm, or corporation who violates, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this title shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The zoning administrator is hereby designated and authorized to enforce this title. (Ord. 93-11, 6-14-1993)

Every structure and lot which is in violation of this title is hereby declared a nuisance. The village may apply to a court of competent jurisdiction for equitable relief to restrain, enjoin or abate any such nuisance. (Ord. 93-11, 6-14-1993)