The following village offices and bodies have responsibility for implementing and administering this zoning title:

   A.   Zoning Administrator: The responsibilities of the zoning administrator are to:

      1.   Perform the daily administration of this zoning title, which includes the maintenance of all records;

      2.   Interpret the meaning and applicability of specific provisions of this zoning title, in written form;

      3.   Forward applications for appeals of any final administrative decisions or interpretations of this zoning title to the appropriate body named in this zoning title;

      4.   Review and to grant or deny minor variations administratively, as set forth in section 10-5-5 of this chapter, and to forward any appeals from those decisions to the appropriate body named in this zoning title;

      5.   Forward applications for major variations, as set forth in section 10-5-2 of this chapter, to the zoning board of appeals;

      6.   Receive and process applications for special uses and planned unit developments; amendments to the comprehensive plan; amendments to this zoning title; and applications which require site plan review as set forth in this zoning title;

      7.   Keep, as public record, documentation of any interpretation of this zoning title that may be rendered by the zoning board of appeals.

   B.   Zoning Board Of Appeals: The responsibilities of the zoning board of appeals with regards to this zoning title are to:

      1.   Hear and make recommendations to the board of trustees regarding variations from this zoning title, as set forth in section 10-5-4 of this chapter;

      2.   Review, hold hearings, make findings of fact and offer its recommendations to the board of trustees on applications for special use permits as set forth in section 10-18-4 of this zoning title;

      3.   Hear, make findings of fact and decide appeals from decisions of the zoning administrator regarding minor variations, as set forth in section 10-5-6 of this chapter;

      4.   Hear, make findings of fact and decide appeals from any interpretation or administrative decision made by the zoning administrator in the administration or enforcement of this zoning title as set forth in section 10-5-6 of this chapter;

      5.   Initiate, review, hold hearings, and recommend to the board of trustees amendments to this zoning title and zoning map as set forth in section 10-5-5 of this chapter;

      6.   Interpretation of district boundaries.

   C.   Development Review Board: The responsibilities of the development review board with regards to this zoning title are to:

      1.   Review, hold hearings, make findings of fact and offer its recommendations to the board of trustees on applications for planned developments and amendments to approved planned developments as set forth in subsection 10-19-5B of this zoning title;

      2.   Conduct preliminary and final site plan review of all land development applications subject to such review, for those cases specified in chapter 17 of this zoning title.

   D.   Board Of Trustees: The board of trustees shall have the jurisdiction and authority under this zoning title to approve, approve with modifications or conditions, or deny applications for special uses, planned developments, major variations, amendments to zoning classifications of properties and amendments to this zoning title. The board of trustees shall have the authority to refer applications back to the initial reviewing body for additional review and to hear appeals to site plan reviews. (Ord. 2640, 5-23-1995)

   E.   Limited Moratorium: Through and including May 10, 2005, or until such time as the village board completes action on proposed amendments to the residential housing regulations in the zoning code, whichever comes first, no single-family home shall be demolished nor shall construction of any such home be commenced. This moratorium shall not affect any project whose completed demolition or building permit application was submitted prior to January 24, 2005. (Ord. 3101, 3-14-2005)

   A.   Initiation Of Application: All applications for minor and major variations, and appeals shall be filed with the zoning administrator.

   B.   Determination Of Completeness: Within ten working days after receipt of an application, the zoning administrator shall determine whether the application is complete for purposes of initiating review.

      1.   If the zoning administrator determines that the application is complete for the review process to continue he or she shall notify the applicant in writing that the application has been accepted for filing.

      2.   If the zoning administrator determines that the application is not complete, he or she shall send to the applicant a notice specifying the deficiencies of the application, including any additional information which must be supplied, and that no further action need be taken by the village on the application until the deficiencies are corrected.

   C.   Time Limits On Processing: Applications requiring public hearing will be processed within ten working days after the zoning administrator receives and verifies that the application is complete and a public hearing will be scheduled to occur within forty days after verification.

   D.   Concurrent Applications: Where a proposed use or development requires more than one approval pursuant to this Zoning Title, approval of permitted and special uses shall be a precondition to approval of variations and site plan review. Applications for all such approvals may be filed at the same time and processed together; however, no application shall be approved unless all applications that are a precondition to its approval have first been approved.

   E.   Withdrawal and Refiling of Applications: An applicant may withdraw an application at any time prior to the first public hearing before the Zoning Board of Appeals without prejudicing the applicant's right to refile at a later date.

   F.   Fees: Each application shall be accompanied by payment of the applicable non-refundable fee, as established by the Board of Trustees from time to time. (Ord. 2640, 5-23-95)

   A.   General Requirements:

      1.   A complete copy of the application shall be submitted to the Zoning Administrator for processing. The written application form, bound together with supplementary exhibits shall contain at least the following information:

         a.   The name, address, and phone number of the applicant.

         b.   If the applicant is not the owner of the property in question: 1) the name, address, and phone number of the owner, 2) the interest of the applicant in the subject property, 3) proof of consent by the owner to the filing of the application, and 4) any beneficiaries of the owner or developer.

         c.   The date of the application.

         d.   Identification of the property in question by street address. If there is no street address, the applicant must provide a description of the location of the property in relation to surrounding streets and properties.

         e.   A short, written description of the nature of the proposed variation, development or redevelopment, and the proposed use(s).

         f.   A plat of survey of the property which includes the location and dimensions of all existing or planned easements, land subject to covenant, rights of way, scale and north arrow.

      2.   In addition, the applicant shall submit drawings which graphically explain the site's present conditions and how they would be affected if the proposed variance were granted. Information should include, but not be limited to, the proposed structure's relation to the property line, nearby trees, and other existing structures on both the applicant's and the neighbor's properties. Information on the proposed structure's height, type of construction and depth of eaves should be provided. All drawings should be dimensioned and roughly to scale. A copy of the plat of survey with this information noted on it would be sufficient.

   B.   Application Requirements for Major Variations: In addition to the requirements identified in subsection A, the following additional information shall also be provided on the drawings accompanying an application for a major variation (ten copies of any and all material are required):

      1.   The height in stories and feet, gross floor area, lot coverage (footprint area of the proposed structures in relation to the area of the site, expressed as a percentage), and floor area ratio of all existing or proposed buildings located on the lot where the development is to take place.

      2.   If the development is a multiple-family residential development, the number of one-, two-, three-, or four-bedroom dwelling units proposed for construction.

      3.   Dimensions of the development site, indicated along the property line. Distances to all buildings, structures, and freestanding signs, on adjoining properties.

      4.   The location, of freestanding signs on the site.

      5.   Identification of vehicular areas including parking areas, loading areas, and circulation areas, and showing the layout and size of parking spaces, aisles and direction of travel on or in lanes, aisles, or driveways.

      6.   Legal documentation establishing homeowners associations or other legal entities responsible for control over required common areas and facilities.

      7.   A list of the names and addresses of all those to whom notice of a public hearing must be sent.

   C.   Application Requirements for Site Plan Review, Special Use Permits and Planned Developments: Are set forth in Chapters 17, 18 and 19 of this Title. (Ord. 2640, 5-23-95)

   A.   Minor and Major Variations: Two forms of variations to the requirements of the Zoning Title may be considered:

      1.   Minor Variations: May be granted for insignificant departures from the regulations of the Zoning Title, which would result in no discernible affects on other properties and improvements in the vicinity of the subject property.

      2.   Major Variations: May be granted for a departure from the regulations of the Zoning Title that merit review in hearing and require approval as stated in subsection E. A major variation may be granted only when it is shown by the applicant that a minor variation or lesser form of relief would not alleviate the alleged hardship.

   B.   Minor Variations Provisions:

      1.   Up to a five percent reduction in the front or rear yard required by this Zoning Title, where the variation is the only variation required for the structure or use.

      2.   The use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots, if the respective area or width of the lot or lots is not less than ninety five percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width, depth or area set forth in this Zoning Title.

      3.   A reduction of the applicable off-street parking or loading facilities required by not more than one parking space or loading space.

      4.   An increase of the maximum floor area of any use by not more than two percent beyond the limitations of the applicable regulations.

      5.   An increase of the maximum building height by not more than five percent beyond the limitations of the applicable regulations.

   C.   Major Variation Provisions:

      1.   Any reduction in the front, side or rear yard required by this Zoning Title which is not dealt with in subsection B above.

      2.   A reduction of the applicable off-street parking or loading facilities, where proposed use and other practical uses have been shown not to necessitate the number of parking spaces required by this Zoning Title.

      3.   An increase in the maximum distance that required parking spaces are permitted to be located from the use served.

      4.   The use of the same off-street parking facility to qualify as required facilities for two 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.

      5.   An extension in the period of time that a nonconforming use may continue or remain.

      6.   Any zoning requirements which are not covered under minor variations in this Section.

   D.   Procedures for Minor Variations:

      1.   Upon acceptance of a completed application for a minor variation, the Zoning Administrator shall cause a notice of the requested variance to be sent to all owners of property within two hundred fifty feet of the subject property. Such notice shall indicate the nature and location of the requested minor variation and shall invite written comment regarding the merits or potential impact of the variation to be given to the Zoning Administrator within fifteen days of the date of the notice.

      2.   If, after fifteen days, the Zoning Administrator, after considering the application and the written comments, if any, shall:

         a.   Make a finding that the requested minor variation does not pose a threat to health, safety, welfare or enjoyment on the subject site or on other property within the Village, and is appropriate to the reasonable use of the property and surrounding properties; and shall issue the minor variation as requested.

         b.   Make a finding that the requested minor variation poses a threat to health, safety, welfare or reasonable enjoyment on the subject site or on the property within the Village, or is not appropriate to the reasonable use of the property or surrounding properties; and shall deny the minor variation as requested.

      3.   If the Zoning Administrator denies a minor variation, the applicant may appeal such decision as set forth in Section 10-5-6 of this Chapter.

   E.   Procedures for Major Variations:

      1.   Upon acceptance of a completed application for a major variation, the Zoning Board of Appeals shall hold a public hearing thereon at such time and place in the Village as it shall determine. Notice of such public hearing, indicating the requested variance, shall be published at least fifteen days and not more than thirty days in advance of such hearing in a newspaper of general circulation in the Village. Said notice shall be sent to all owners of property within two hundred fifty feet of the subject property.

      2.   No major variation shall be made by the Board of Trustees without a hearing by the Zoning Board of Appeals, nor without a written report or recommendation thereof having been made by the Zoning Board of Appeals to the Board of Trustees, and every such report shall be accompanied by findings of facts specifying the reasons for the recommendation.

      3.   Upon the recommendation of the Zoning Board of Appeals, the Board of Trustees, without further public hearing, may adopt or deny any major variation or may refer the report back to the Zoning Board of Appeals for further consideration. Any such variation which fails to receive the approval of four members of the Zoning Board of Appeals shall not be passed except by the favorable vote of two-thirds of the Board of Trustees. In making any such variation, the Board of Trustees shall be governed by the same considerations, restrictions and standards as apply to the Zoning Board of Appeals.

      4.   Advance written notice of the first meeting of the Village Board where a major variation application will be considered shall be provided by regular mail to the owners of record of the property which is the subject of the application (if different from the applicant), and the owners of all property within two hundred fifty feet of the subject property, not less than seven days prior to the date of the first Village Board meeting. This requirement is enacted to assure the most complete public notice possible for the proposed major variation, it is not required by State law. Accordingly, any failure to comply with this subsection shall not invalidate, impair or otherwise affect any major variation subsequently granted following such meeting.

   F.   Standards for Major Variations: A major variation shall be recommended by the Zoning Board of Appeals only if it makes findings, based upon the evidence presented to it, that each of the following standards has been met:

      1.   The physical surroundings, shape, or topographical conditions of the specific property involved will bring a specific hardship upon the owner as distinguished from an inconvenience if the strict letter of the regulations were to be carried out;

      2.   The aforesaid unique physical condition did not result from any action of any person having an interest in the property, but was created by natural forces or was the result of governmental action, other than the adoption of this Zoning Title, for which no compensation was paid;

      3.   The conditions upon which the petition for variation is based may not be applicable generally to other property within the same zoning classification;

      4.   The purpose of the variation is not based predominantly upon a desire for economic gain;

      5.   The granting of the variation shall not be detrimental to the public welfare or unduly injurious to the enjoyment, use, or development value of other property or improvements in the neighborhood in which the property is located; or,

      6.   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;

      7.   That the granting of the variation would not unduly tax public utilities and facilities in the area;

      8.   That there is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.

   G.   Conditions on Variations: The Zoning Board of Appeals may impose specific conditions, which relate to the purposes and objectives of this Zoning Title, upon the premises benefitted by a variation. Such conditions shall be expressly set forth in the ordinance granting the variation. Violation of any such condition or limitation shall be a violation of this Zoning Title and shall constitute grounds for revocation of the variation.

   H.   A Variation is Not a Zoning Amendment: Nothing herein contained shall be construed to give or grant to the Zoning Board of Appeals the power or authority to alter or change the Zoning Title, such power and authority being reserved to the Board of Trustees; however, the Zoning Board of Appeals may make recommendations to the Board of Trustees with respect to any alteration or change of this Zoning Title in such specific cases as may properly come before the Zoning Board of Appeals.

   I.   Status of Variation Granted: Subject to an extension of time not to exceed sixty days granted by the Village Administrator, no order of the Board of Trustees permitting a variation from the provisions of this Zoning Title shall be valid for a period longer than nine months, unless such use or structure is initiated within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for erection or alteration is obtained within such period of nine months and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

      1.   A variation shall be deemed to authorize only the particular construction or development which was applied for. A variation shall automatically become null and void if such construction or development is removed and not replaced within nine months following such removal.

   J.   Filing Fees: There shall be charged a filing fee, as may be adjusted from time to time by the Village Board, for each application for a change of any property from one use district to another use district or for each application for allowance of variation from the provisions of this Zoning Title as applicable to any property. (Ord. 2640, 5-23-95)

   A.   Board of Trustees may Amend: This Zoning Title may be amended from time to time by the Board of Trustees, however, no amendment changing the regulations imposed or the districts created or the zoning classifications of properties shall be made without a public hearing.

   B.   Hearing Procedures:

      1.   The Zoning Board of Appeals is hereby designated to hold and conduct all public hearings on amendments to this Zoning Title changing the regulations it imposes or the districts it creates. Such proposed amendments may be initiated by the Board of Trustees, by the Zoning Board of Appeals or by the Plan Commission. Any one or more owners of real estate in the Village may also initiate an amendment by a written petition which is signed by such owner or owners, and which specifies the amendment so petitioned for.

      2.   The Zoning Board of Appeals shall, in the case of such proposed amendment, hold a public hearing thereon at such time and place in the Village as it shall determine. Notice of such public hearing, indicating the amendments proposed to be made in regulations or in the district boundary lines and the time and place of such hearings, shall be published at least fifteen days and not more than thirty days in advance of such hearing in a newspaper of general circulation in the Village. All interested persons shall be given an opportunity to present evidence and be heard at such hearing on the subject of the proposed amendment. The hearing may be adjourned from time to time. Within a reasonable time after the final adjournment of such public hearing, the Zoning Board of Appeals shall report thereon in writing to the Board of Trustees, giving its findings of fact and its conclusions and recommendations with respect to the proposed amendment.

   C.   Two-Thirds Vote Required If Protest Filed: If a written protest against any such proposed amendment, which is signed by the owners of twenty percent of the frontage proposed to be altered, or by the owners of twenty percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent of the frontage directly opposite the frontage proposed to be altered, is filed with the zoning administrator before the adoption of such amendment, the proposed amendment shall not be passed except by a favorable vote of two- thirds of trustees then holding office.

   D.   Amendments To Planned Developments: Any modifications to an approved planned development permit or any addition to or expansion of an existing planned development permit shall require review and approval by the development review board under the provisions of section 10-19-8 of this zoning title. (Ord. 2640, 5-23-1995)

   A.   Zoning Board Of Appeals, Jurisdiction: The zoning board of appeals shall hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator. The zoning board of appeals may reverse or affirm or may amend the determination made by the zoning administrator which is being appealed, to the extent the zoning board of appeals deems appropriate.

   B.   Initiation Of Appeal: An appeal may be taken to the zoning board of appeals within forty five days of the action complained of by any person aggrieved or by any officer, department or board of the village affected by a decision of the zoning administrator. Such appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by general rule, by filing with the zoning administrator and with the zoning board of appeals a notice of appeal specifying the grounds for the appeal. Zoning administrator shall transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken.

   C.   Votes Necessary: The concurring vote of four members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor of the applicant any matter upon which it is authorized by this zoning title to render decisions or to recommend any variation to the village board.

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

   E.   Notice And Hearings: The zoning board of appeals shall select a reasonable time and place for the hearing of the appeal, give due notice to the parties and shall decide the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. (Ord. 2640, 5-23-1995)

   A.   Nonconforming Buildings And Structures:

      1.   Continued Use Of Nonconforming Buildings: The lawful use of a building existing at the time of the effective date hereof may be continued, except as provided in subsection C of this section, although such use does not conform with the provisions hereof. This provision shall also apply to nonconforming uses in districts hereafter changed.

      2.   Restoration Of Buildings Damaged By Fire, Explosion Or Act Of God: No building which has been damaged by fire, explosion, act of God or the public enemy, to the extent of fifty percent or more of its value at the time of the damage shall be restored except in conformity with the regulations in this zoning title. However, said building may be restored or constructed to its original height prior to said occurrence. The burden of proving what the height of a building was prior to the damage rests solely on the person invoking this provision.

      3.   Use Of Buildings Or Premises Discontinued Or Suspended: In the event that a nonconforming use of any building or premises is discontinued or suspended for a period of one year or more, the use of the same shall thereafter conform to the regulations of the district in which it is located. (Ord. 3105, 3-28-2005)

   B.   Enlargements And Alterations To Nonconforming Uses And Buildings: A nonconforming use or building shall not be enlarged or altered; however, in an R1 and R2 district, an enlargement or alteration may be permitted by the zoning administrator, provided the actual extension or enlargement itself conforms to all the provisions of this zoning title (in the event the existing building is nonconforming, the maximum allowable height shall be the existing height of the building or the R1 and R2 district height limitation, whichever is greater). The replacement in kind of a porch, addition, or any other appurtenances to the main building which is nonconforming, shall be permitted provided it does not increase the nonconformance of the building. The replacement of an accessory building shall conform to all the provisions of this zoning title. (Ord. 2733, 8-11-1997)

   C.   Removal Or Conversion Of Nonconforming Buildings: Except as provided in chapter 20 of this zoning title, all nonconforming commercial or industrial buildings or uses within any district shall be removed or converted, and the building thereafter devoted to a use permitted in the district, on or before May 6, 2002.

   D.   Validation Of Former Nonconforming Uses: No nonconforming structure that was erected, converted or structurally altered in violation of the provisions of any prior zoning title shall be validated by the adoption of the regulations contained in this zoning title, and such violations or any violation of this zoning title may be ordered removed or corrected by the proper officials at any time. (Ord. 2640, 5-23-1995)