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Pingree Grove City Zoning Code

CHAPTER 3

ADMINISTRATION AND ENFORCEMENT

11-3-1: ORGANIZATION:

   A.   The administration of this title is vested in the village manager or designee and building commissioner. This chapter prescribes the procedure and substantive standards with respect to the following administrative functions: (1990 Code §21.12.010; amd. 2011 Code)
      1.   Zoning certificates.
      2.   Occupancy permits.
      3.   Special uses.
      4.   Variations.
      5.   Appeals.
      6.   Amendments.
      7.   Annexations.
      8.   Fees.
      9.   Penalties. (1990 Code §21.12.010; amd. Ord. 2004-02, 2-2-2004; 2011 Code)
   B.   The position of building commissioner shall be filled by appointment by the village manager 1 . In the absence of a duly appointed building commissioner, the village manager shall so act. (1990 Code §21.12.010; amd. 2011 Code)

11-3-2: ZONING CERTIFICATE:

   A.   Application For Certificate: Application for a zoning certificate shall be made prior to or at the time of application for a building permit. Every application for a zoning certificate shall be accompanied by:
      1.   A plat of survey of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions and monumenting, as certified by an Illinois registered land surveyor, as a true copy of the piece or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land.
      2.   A plat, drawn to scale, in such form as may, from time to time, be prescribed by the building commissioner showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building, structure, or land, and such other information as may be required by the building commissioner for the proper enforcement of this title.
      3.   In those cases where the building commissioner deems information is not necessary because of existing evidence in village records, he may waive all or portions of the requirements of subsections A1 and A2 of this section.
      4.   A statement, under oath, in a form acceptable to the building commissioner, that said applicant has no notice and is aware of no building code or zoning violations affecting the property including the intended structure, building or alteration, and use which are the subject of the application. In the event the applicant is aware of any such violations, the applicant will disclose the same in writing.
   B.   Issuance Or Denial: The building commissioner shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate, provided all relevant provisions of this title are complied with. The building commissioner may, as a result of examination of the plans or on the basis of other evidence, determine that the proposed activity will not in fact comply with all of the provisions of this title and so advise the applicant in writing. (1990 Code §21.12.020)

11-3-3: OCCUPANCY PERMIT1:

   A.   Permit Required; Existing Buildings: No building, or portion thereof, or addition thereto, constructed, completed or first occupied after the effective date hereof, and no addition to a previously existing building shall be occupied, and no land, vacant on the effective date hereof, shall be used for any purpose until a permit of occupancy has been issued by the building commissioner. Every occupancy permit shall state that the use or occupancy complies with the provisions of this title. Nothing in this section shall prevent the continuance of the occupancy or use existing on the effective date hereof of any building as it existed on said effective date, except as may be necessary for the safety of life or property or as provided in the R-1 district.
   B.   Application For Permit; Issuance: A permit for occupancy and compliance shall be applied for coincident with the application for a building permit, and shall be issued after the erection or alteration of such building has been completed, provided the building is conforming with all applicable ordinances of the village, and provided the building commissioner has been notified in writing of the opportunity to inspect. (1990 Code §21.12.030; amd. 2011 Code)
   C.   Restrictions On Issuance: No occupancy permit for a building, or portion thereof, or addition thereto, constructed or completed after the effective date hereof, where a building permit has been issued after that date, shall be issued, and no addition to a previously existing building shall be occupied until construction has been completed and the premises inspected and certified by the building commissioner to be in conformity with the plans and specifications upon which the building permit was based in compliance with all the applicable requirements of this title. Where a portion of a building may be safely occupied pending completion of the building and compliance with all village ordinances, an occupancy permit may be issued for that portion of the building. The occupancy permit shall be issued or a written notice shall be given to the applicant stating the reasons why a permit cannot be issued after the building commissioner is notified in writing that the building or premises is ready for occupancy.
   D.   Records Of Certificates: A record of all certificates shall be kept on file with the village, and copies shall be furnished, on request, to any person having a proprietary interest in the building affected. (1990 Code §21.12.030)

11-3-4: SPECIAL USES:

   A.   Purpose: The development and execution of this title is based upon the division of the village into districts, within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land, and of the public need for the particular use of the particular location. Such uses may include, but are not limited to, public and quasi-public interest, uses which may have a unique, special or unusual impact upon the use or the enjoyment of neighboring property and planned unit developments.
   B.   Authority: Special uses shall be authorized or denied by the village board in accordance with Illinois statutes. No application for a special use shall be acted upon by the village board until after a public hearing has been held by the planning and zoning commission, after due notice by publication has been made as provided herein and by the applicable statutes and after the findings and recommendations of the planning and zoning commission have been reported to the village board. (1990 Code §21.12.070)
   C.   Application For Special Use: An application for a special use may be made by the village board, by the planning and zoning commission or by the owner of the property. An application for a special use shall be filed with the village manager or designee. The application shall be accompanied by such plans and/or data prescribed by the planning and zoning commission, and shall include a statement in writing by the applicant along with evidence showing that the proposed special use will conform to the standards set forth in this section. Such application shall be forwarded from the village manager or designee to the planning and zoning commission with a request to hold a public hearing on the application and submit written recommendations thereon to the village board. Due notice of receipt of an application for special use shall be forwarded to the members of the village board. (1990 Code §21.12.070; amd. 2011 Code)
   D.   Notice Of Hearing:
      1.   No recommendation on an application for special use shall be made by the planning and zoning commission except after a public hearing, of which there shall be a notice of the time and place of the hearing published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in one or more newspapers of general circulation in the village. The notice of public hearing shall contain (a) the common street address or addresses, if any, (b) the property index number (“PIN”) or numbers of all the parcels of the real property contained in the affected area, (c) the approximate size of the property in acres, or square feet if under an acre, and (d) a brief description of the nature of the matter to be heard. No special use approved by the Village Board shall remain valid if not acted on within six (6) months of approval, unless an extension is approved by the Village Board. Time is of the essence.
      2.   In addition to the publication of notice, the following shall apply to special use petitions: (1990 Code §21.12.070)
         a.   At least thirty (30) days prior to the date of hearing on a petition for special use, the applicant shall file with the village clerk a written certified list containing the registered owners and their mailing addresses, as appears from the authentic tax records of the county and as recorded in the office of the county recorder of deeds of all property within two hundred fifty feet (250') in each direction of the location for which the special use is requested, provided all the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. Failure to file within thirty (30) days shall not invalidate a public hearing if all notices are given. The planning and zoning commission shall, not more than thirty (30) days nor less than fifteen (15) days before the hearing at which the application for special use is to be considered, send written notice to the persons appearing on the list furnished by the applicant for special use and a brief statement of the nature of the special use requested. This notice will be sent by certified mail, return receipt requested.
         b.   The village manager or designee shall direct the erection of at least one sign upon each property proposed for special use. Where possible, such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right of way, street, roadway or public thoroughfare abutting such property. Such sign or signs shall be so erected not less than ten (10) days before the date set for the planning and zoning commission hearing. Any such sign or signs shall be removed subsequent to the occurrence of either of the following: final action by the village board or withdrawal of the application for special use. Such sign or signs shall indicate that a zoning change is proposed and shall further set forth that additional information can be acquired by telephoning the number indicated thereon. Such erection and/or the continued maintenance of any such sign or signs shall not be deemed a condition precedent to the holding of any public hearing, to the recommendation concerning or adoption of any proposed special use or to any other official action concerning any such special use. (1990 Code §21.12.070; amd. 2011 Code)
   E.   Hearing: The planning and zoning commission shall hold a public hearing at which evidence in support of the proposed special use may be presented by or on behalf of the petitioner, and any evidence presented by interested persons shall be heard. On the basis of evidence presented, the planning and zoning commission shall record their findings of fact, their recommendations, the vote of the members and the reasons for recommending approval or denial of the petition for special use.
   F.   Planning And Zoning Commission Findings Of Fact And Recommendations: The planning and zoning commission shall make written findings of fact and shall submit same, together with its recommendations, to the village board after the conclusion of the public hearing. No special use shall be recommended by the planning and zoning commission unless the commission shall find that the following standards have been satisfied:
      1.   That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, 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 purpose already permitted, nor substantially diminish or impair property values within the neighborhood;
      3.   That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
      4.   That adequate utilities, access roads, drainage and/or 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 public streets; and
      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 village board pursuant to the recommendations of the planning and zoning commission.
   G.   Board Of Trustees Action:
      1.   The village board shall not act upon a proposed special use until it has received a written report and recommendation from the planning and zoning commission on the proposed special use.
      2.   An application for a proposed special use shall be acted upon finally by the village board within ninety (90) days of the receipt of the recommendation from the planning and zoning commission by the village board unless it is mutually agreed by the village board and the petitioner that more time is required.
   H.   Conditions: The village board may require such conditions reasonably necessary to meet the standards set forth in this title including, but not limited to, the establishment, location, construction, maintenance, and operation of the special use as is deemed necessary for the protection of the public interest. In all cases in which a special use is granted, the village board may require such evidence and guarantee as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, in compliance. Failure to comply with such conditions imposed shall constitute a violation of this title. (1990 Code § 21.12.070; amd. Ord. 2022-O-24, 11-7-2022)

11-3-5: VARIATIONS:

   A.   Definition: A "variation" is a decision of the village board that, if approved, permits an applicant to depart from the precise regulations of this title. A variation may be granted only in the specific instances authorized in this section and only in accordance with the standards recited in this section.
   B.   Authority: The planning and zoning commission may vary the regulations of this title in harmony with the general purpose and intent of this title in the specific instances set forth in this section, where the commission makes findings of fact in accordance with the standards prescribed in this section, and further finds, that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title. All final administrative decisions of the planning and zoning commission shall be subject to judicial review.
   C.   Authorized Variations: Variations from the regulations of this title shall be granted by the planning and zoning commission only in accordance with the standards established in subsection D of this section and may be granted only in the following instances and in no others: (1990 Code §21.12.040; amd. 2011 Code)
      1.   To permit any yard or setback of less depth than a yard or a setback required by the applicable regulations.
      2.   To allow a fence or wall in excess of the height limitations specified in chapter 5 of this title.
      3.   To permit the use of a lot for a use prohibited solely because of insufficient area or width, but in no event shall the area or width of the lot be less than ninety percent (90%) of the required lot area or width.
      4.   To permit the same off street parking facility to qualify as required facilities for two (2) or more uses; provided, that the use of such facility by each user does not take place at the same hours of the same days of the week.
      5.   To increase by not more than twenty percent (20%) the maximum gross floor area ratio of any use so limited by the applicable provisions of the zoning district. (1990 Code §21.12.040)
   D.   Standards For Variations:
      1.   The planning and zoning commission shall permit a variation of the provisions of this title, as authorized in this section, only if the evidence, in the judgment of the planning and zoning commission, sustains each of the following three (3) conditions: (1990 Code §21.12.040; amd. 2011 Code)
         a.   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.   The plight of the owner is due to unique circumstances; and
         c.   The variation, if granted, will not alter the essential character of the locality. (1990 Code §21.12.040)
      2.   For purpose of supplementing the above standards, the planning and zoning commission, in making this determination, whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: (1990 Code §21.12.040; amd. 2011 Code)
         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 the regulation were to be carried out.
         b.   That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification.
         c.   That the purpose of the variation 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 interest in the property. (1990 Code §21.12.040)
         e.   That 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. (1990 Code §21.12.040; amd. 2011 Code)
         f.   That the proposed variation 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. (1990 Code §21.12.040)
      3.   The planning and zoning commission may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section, to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this title.
   E.   Application For Variation: An application for a variation may be made by any person, firm or corporation. An application for a variation is filed with the village clerk, shall be on a form provided by the building commissioner and shall contain all information required on such form including the following: (1990 Code §21.12.040; amd. 2011 Code)
      1.   Legal description of property for which a variation is requested.
      2.   The requested variation identified as authorized by one or more standards found in subsection C of this section.
      3.   The reasons which the applicant relies upon as justifying the requested variation.
      4.   An eight and one-half inch by eleven inch (81/2"x11") sketch of the property showing all lot lines, existing and proposed structures and adjoining streets or uses and the distances between said structures and the lot lines. (1990 Code §21.12.040)
   F.   Notice Of Hearing:
      1.   No variation shall be made by the planning and zoning commission except after a public hearing before the commission, of which there shall be a notice of the time and place of the hearing published at least once, no more than thirty (30) days nor less than fifteen (15) days before the hearing, in one or more newspapers of general circulation in the village. The notice of public hearing shall contain (a) the common street address or addresses, if any, (b) the property index number (“PIN”) or numbers of all the parcels of the real property contained in the affected area, (c) the approximate size of the property in acres, or square feet if under an acre, and (d) a brief description of the nature of the matter to be heard. No variation approved by the Village Board shall be remain valid if not acted on within six (6) months of approval, unless an extension is approved by the Village Board. Time is of the essence.
      2.   The applicant shall file with the village clerk a written certified list containing the registered owners and their mailing addresses, as appears from the authentic tax records of the county, and is recorded in the office of the county recorder of deeds of all property within two hundred fifty feet (250') in each direction of the location for which the variation is requested, provided the number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement.
      3.   The planning and zoning commission shall, not more than thirty (30) days nor less than fifteen (15) days before the hearing at which the application for variation is to be considered, send written notice to the persons appearing on the list furnished by the applicant, which notice shall contain the time and place of the hearing, the address of the location for which the variation is requested and the name and address of the applicant for variation and a brief statement of the nature of the variation requested.
      4.   The planning and zoning commission shall hear no application for variation unless the applicant for variation has furnished the certified list required in this section, and the planning and zoning commission has sent out the notices as required in this section.
   G.   Hearing: The planning and zoning commission shall hold a public hearing at which evidence in support of the variation must be presented by or on behalf of the applicant, and any evidence presented by interested parties shall be heard. On the basis of evidence presented, the planning and zoning commission shall record their findings of fact, their decision, the vote of the members and the reasons for recommending granting or denying the variation to the village board.
   H.   Expiration Of Variation: A variation shall lapse after twelve (12) months from the date of grant thereof unless construction authorized is commenced on a building permit for the use specified by the variation within twelve (12) months, or the use is commenced within such period. (1990 Code § 21.12.040; amd. 2011 Code; Ord. 2023-O-24, 11-7-2022)

11-3-6: APPEALS:

   A.   Authority To Initiate: An appeal may be taken to the village board by any person aggrieved, or by any officer, department, board, or bureau of the village aggrieved, by a written decision, order, or determination under this title by the village manager.
   B.   Hearing: Such appeals may be taken within forty five (45) days of the action complained of by filing for a hearing before a court of competent jurisdiction. The village clerk shall transmit all of the papers constituting the record upon which the action appealed from was taken.
   C.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the village clerk certifies to the village board, after the notice of appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed other than by a restraining order, which may be granted by the village board or by a circuit court on application and on notice to the building commissioner and on due cause shown. (1990 Code §21.12.050; amd. 2011 Code)

11-3-7: AMENDMENTS:

   A.   Authority: The village board may, from time to time, in the manner set forth in this section, amend the regulations imposed in the districts created by this title (general amendment) or amend district boundary lines (map amendment).
   B.   Application For Amendment:
      1.   General Amendments: General amendments may be proposed by the village board, by the planning and zoning commission, by village staff or by any resident of or owner of property in the village.
      2.   Map Amendments: Map amendments may be proposed by the village board, by the planning and zoning commission or by the owner of the property.
   C.   Notice Of Hearing:
      1.   No recommendation on an application for amendment shall be made by the planning and zoning commission except after a public hearing, for which there shall be a notice of the time and place published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in one or more newspapers of general circulation in the village. The notice of public hearing shall contain (a) the common street address or addresses, if any, (b) the property index number (“PIN”) or numbers of all the parcels of the real property contained in the affected area, (c) the approximate size of the property in acres, or square feet if under an acre, and (d) a brief description of the nature of the matter to be heard.
      2.   In addition to the publication of notice, the following shall apply to map amendments: (1990 Code §21.12.060)
         a.   At least thirty five (35) days prior to the date of hearing on an amendment, the applicant shall file with the village manager or designee a written certified list containing the registered owners and their mailing addresses as appears from the authentic tax records of the county and as recorded in the office of the county recorder of deeds, of all property within two hundred fifty feet (250') in each direction of the location for which the amendment is requested, provided all the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. Failure to file within thirty five (35) days shall not invalidate a public hearing if all notices are given. The planning and zoning commission shall, not more than thirty (30) days nor less than fifteen (15) days before the hearing at which the application for amendment is to be considered, send written notice to the persons appearing on the list furnished by the applicant for amendment and a brief statement of the nature of the amendment requested.
         b.   The village manager or designee shall direct the erection of at least one sign upon each property proposed to be rezoned. Where possible, such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right of way, street, roadway or public thoroughfare abutting such property. Such sign or signs shall be so erected not less than ten (10) days before the date set for the planning and zoning commission hearing. Any such sign or signs shall be removed subsequent to the occurrence of either of the following: final action by the village board or withdrawal of the application for amendment. Such sign or signs shall indicate that a map amendment is proposed and shall further set forth that additional information can be acquired by telephoning the number indicated thereon. Such erection and/or the continued maintenance of any such sign or signs shall not be deemed a condition precedent to the holding of any public hearing, to the recommendation concerning or adoption of any proposed map amendment or to any other official action concerning any such amendment. (1990 Code §21.12.060; amd. 2011 Code)
   D.   Hearing: The planning and zoning commission shall hold a public hearing at which evidence in support of the proposed amendment must be presented by or on behalf of the petitioner, and any evidence presented by interested parties shall be heard. On the basis of evidence presented, the planning and zoning commission shall record their findings of fact, their recommendation, the vote of the members and the reasons for recommending approval or denial of the petition for amendment.
   E.   Planning And Zoning Commission Findings Of Fact And Recommendation:
      1.   The planning and zoning commission shall make written findings of fact and shall submit same, together with its recommendation, to the village board after the conclusion of the public hearing. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the planning and zoning commission shall consider the following matters, among others:
         a.   Existing uses of property within the general area of the property in question.
         b.   The zoning classification of property within the general area of the property in question.
         c.   The suitability of the property in question to the uses permitted under the existing zoning classification.
         d.   The trend of development, if any, in the general area of the property in question.
         e.   Projected use of the property, as indicated in the comprehensive plan.
      2.   The planning and zoning commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant.
   F.   Board Of Trustees Action:
      1.   The village board shall not act upon a proposed amendment to this title until it has received a written report and recommendation from the planning and zoning commission on the proposed amendment.
      2.   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 adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the trustees then holding office. In such cases, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail, at the address of such applicant and attorney shown in the application for the proposed amendment. (1990 Code § 21.12.060; amd. Ord. 2022-O-24, 11-7-2022)

11-3-8: ANNEXATIONS:

   A.   Notice Of Rezoning, Special Use Or Variance Pursuant To Annexation Agreement: Notwithstanding the provisions of any other portion of the village code or this title, property which is proposed to be rezoned or proposed to be subjected to a special use or variance pursuant to the provisions of an annexation agreement or amended annexation agreement which is proposed to be adopted before, contemporaneously with, or within sixty (60) days after said rezoning/special use/variance is effective shall not require the provision of any public notice other than that specified by the applicable provisions of the Illinois municipal code.
   B.   Standards For Rezoning, Special Use Or Variance Pursuant To Annexation Agreement: The village board may, after conducting any required public hearings for an annexation agreement or rezoning/special use/variance (as appropriate), impose development standards, planned unit development status, variances, special uses, zoning classifications or combined, multiuse zoning classifications on property which is proposed to be subject to the terms of an annexation agreement or amended annexation agreement adopted before, contemporaneously with or within sixty (60) days after said rezoning/special use/variance is to be effective.
   C.   Zoning Annexed Property: Property annexed into the village by virtue of an annexation agreement or amended annexation agreement shall be zoned as required under the terms of said agreement. Property annexed into the village in the absence of an annexation agreement or amended annexation agreement, or property annexed into the village under an annexation agreement which does not include a zoning classification to be imposed on the property as an element of the annexation agreement shall be automatically classified to the highest restrictive zoning classification providing principally for residential use under the then current village zoning ordinance. Said highest restrictive zoning classification shall be SR (single-family residential zoning) at the effective date hereof, until a more highly restrictive residential zoning classification is adopted by the village. (Ord. 2008-04, 2-19-2008)

11-3-9: FEES:

   A.   Payment Of Fees Required: Any person, firm or corporation or agent who files a petition for amendment or an application for appeal, variation, special use, planned unit development (whether concept plan, preliminary plan and/or special use or final plan), or for any other certificate of license or for the inspection of improvements required under the terms of this title shall be charged a fee in accordance with a schedule of fees established by the village as appears in subsection B of this section. (Ord. 1994-5, 7-19-1994; amd. 2011 Code)
   B.   Schedule Of Fees: The following schedule of fees is established. All fees are due and payable prior to any village action.
1.
Variations:
Filing and review fee (payable when petition is filed)
$ 75.00
2.
Zoning Amendments And Special Uses:
Filing and review fee (payable when petition is filed)
125.00
In addition to the filing and review fee, the petitioner shall reimburse the village for the following costs:
Publication of legal notice
Certified mailing costs
Court reporter fees
ICC plan review, when requested by the village
3.
Annexations:
Filing and review fee (payable when petition is filed)
75.00
In addition to the filing and review fee, the petitioner shall reimburse the village for the following costs:
Publication of legal notice
Certified mailing costs
Court reporter fees
ICC plan review, when requested by the village
4.
Planned Unit Developments:
Filing fee (payable when preliminary plan is filed):
For 1 to 20 acres
200.00
For more than 20 acres
200.00
plus $11.00 for each acre in addition to 20 acres (any fraction of an acre less than 0.5 shall be disregarded, and a fraction of 0.5 or more shall be counted as 1 acre)
Engineering review and construction inspection
hourly charge as set by the village engineer
Sewer inspection by closed circuit television
0.75
per linear foot
In addition to the filing, engineering review and inspection fees, the applicant shall reimburse the village for the following costs:
Court reporter fees
Recording fees
ICC plan review, when requested by the village
Reasonable village attorney fees
 
(1990 Code §21.12.100; amd. 2011 Code)
      5.   Payment For Each Petition Or Plan: The petitioner or applicant shall pay the full filing fee and additional costs for each type of petition or plan submitted. For example, if an applicant files a preliminary plan for a planned unit development, he shall be required to pay fees for both the preliminary plan and the special use petition in accordance with the schedule set out in this subsection. This also applies if there are more than two (2) types of petitions or plans filed, such as a request for annexation, zoning amendment and approval of a preliminary plan.
      6.   Engineering Review: Fees for the engineering review of both preliminary and final engineering plans shall be based on hourly rates as charged by the village engineer. The fees shall be paid prior to approval of the plans.
      7.   Engineering Inspection: Fees for engineering inspection during the construction of the improvements shall be based on hourly rates as charged by the village engineer for the day to day inspection and for the closed circuit television inspection of the sanitary sewer lines.
      8.   Maximum Fees: The review and inspection fees shall be subject to a maximum fee based on a percentage of construction cost in accordance with the following schedule:
 
Estimated Cost Of Site Improvement
Maximum Review Fee
Maximum Inspection Fee
First $ 10,000.00
1.25 percent
2.50 percent, plus TV inspection
Next 20,000.00
1.00 percent
2.00 percent, plus TV inspection
Next 50,000.00
0.80 percent
1.60 percent, plus TV inspection
Next 200,000.00
0.70 percent
1.40 percent, plus TV inspection
Next 200,000.00
0.60 percent
1.20 percent, plus TV inspection
All over 500,000.00
0.50 percent
1.00 percent, plus TV inspection
 
   (1990 Code §21.12.100)
      9.   Additional Fees And Costs 1 : In addition to any of the fees set forth herein including any maximum fees provided in this subsection, the petitioner or applicant shall pay and reimburse the village for all reasonable court reporter fees, recording fees, engineering fees, attorney fees (including those of the village attorney or attorneys) incurred by the village in connection with any zoning request or application made under this chapter including, but not limited to, variations, amendments, special uses, annexations and planned unit developments. The village may require the petitioner or applicant to deposit with the village at any time during the application or petition process sufficient sums to guarantee payment of all fees anticipated to be incurred by the village. The village, at its option, may draw upon said funds to reimburse said fees incurred in connection with its review, processing and action upon the proposed request, without obligating itself to the applicant or petitioner to otherwise perform under this title. Any funds so deposited by a petitioner or applicant may, at the village option, be nonrefundable. (Ord. 1992-6, 10-20-1992)

11-3-10: ENFORCEMENT OFFICIAL:

The village president or village manager, if designated by the village president, is designated and authorized to enforce this title. (1990 Code §21.12.110; amd. 2011 Code)

11-3-11: PENALTY:

Any person, firm, or corporation who violates, disobeys, 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 as provided in section 1-4-1 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (1990 Code §21.12.110; amd. 2011 Code)