(a)

Action by zoning board of appeals required prior to submittal to board of trustees. All rezoning petitions and/or zoning map amendments, all special use permits, and all variations shall be presented to and acted upon first by the zoning board of appeals as provided in this chapter and shall then be submitted to and acted upon by the president and board of trustees.

(b)

Voting requirements for map amendments and rezoning. The rezoning and/or reclassification of a parcel of property requiring a map amendment shall be passed by a favorable vote of a majority of the elected corporate authorities of the village then holding office; except, however, in case a written protest against the proposed rezoning, reclassification or map amendment, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent 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 favorable vote of two-thirds of the trustees of the village then holding office.

(c)

Voting requirements for special use permits. No special use permit shall be issued except upon a favorable vote of a majority of the corporate authorities then holding office; except, however, any proposed special use permit which fails to receive the approval of the zoning board of appeals shall not be passed except by the favorable vote of two-thirds of all the trustees then holding office.

(d)

Voting requirements for variations. A variation shall be approved by a majority vote of the corporate authorities then holding office, except, however, any proposed variation which fails to receive the approval of the zoning board of appeals shall not be passed except by the favorable vote of two-thirds of all of the trustees then holding office.

(Ord. of 2-3-1956, § 15-A; Ord. No. 680, §§ 1—4, 4-21-1992)

(a)

Initiation of amendments. The board of trustees may from time to time, after report thereon by the zoning board of appeals and after publication and public hearing as required by law, amend, supplement or change the regulations and districts herein or subsequently established. Such amendment, supplement or change may be initiated by the board of trustees, by the zoning board of appeals or by petition of property owners. Such petition shall be filed with the zoning officer together with a reasonable fee, to be established by the board of trustees, to defray the cost of publication and other services connected therewith.

(b)

Petition for rezoning; hearing; recommendation by zoning board of appeals. Whenever the owner of any land or buildings desires a reclassification of his property, he shall secure an appropriate form from the village zoning officer, and:

(1)

List thereon:

a.

The legal description of the property in question;

b.

The proposed use or change of use of land, buildings or structures;

c.

The probable cost of proposed change or improvement; and

(2)

Include a dimensioned scale drawing of the property in question with the location of all existing and proposed buildings and structures.

Said petition shall be signed, acknowledged and filed with the village zoning officer. The secretary of the zoning board of appeals shall give at least 16 days' notice (including the day of publication), of the time and place of hearing, by publication in a newspaper of general circulation in Joliet Township, and a public hearing shall be held in the village hall or elsewhere in the village, as designated in the published notice. Within 21 days after the hearing or hearings, the zoning board of appeals shall file its written recommendation with the board of trustees.

(c)

Posting of signs. Upon all applications for a zoning map amendment and all applications for a variation or variation of use the applicant shall post a sign at least 15 days but not more than 30 days before the hearing date. At least one sign for every 500 feet of street frontage with a minimum of one sign on each street abutting the property shall be posted. The sign shall contain the time and place of the public hearing and the nature of the request. It shall be placed in a conspicuous location on the property so it may be observed and read from the street. The sign shall be provided by the village clerk upon the applicant's payment of a $50.00 deposit for each sign. It shall be the applicant's responsibility to post the sign. Written certification of the posting of the sign shall be provided by the applicant to the village with the date and location of the posting of the sign. Upon complication of the public hearing, the sign shall be removed by the applicant and returned to the village within ten days. The applicant's deposit shall be refunded upon return of sign. Failure to post the sign as required may result in the deferral of action on, or the denial of, the applicant's petition.

(d)

Protests. Under the following circumstances, the proposed rezoning or amendment shall not be approved except by a favorable vote by at least two-thirds of the trustees of the village then holding office: when a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk.

(Ord. of 2-3-1956, § 16; Ord. No. 533, 5-20-1980; Ord. No. 708, § 1, 6-2-1993)

Whenever any lot or parcel of land within the corporate limits of the village is to be split or divided, the owner of record thereof shall file with the zoning officer a declaration of such intention together with a copy of a true map of such lot or parcel of land. The zoning officer shall investigate and determine if the proposed division of real property is in accordance with the provisions and purposes of this chapter, and, within a period of ten days, shall either approve or deny said request giving reasons in writing for such denial. In case of denial, the owner may appeal to the zoning board of appeals. If, after careful inquiry and public hearing, at least five members of the zoning board of appeals cannot agree in the affirmative, the case may be carried to the board of trustees for decision. No lot or parcel of land shall hereafter be split or divided except as herein provided:

(1)

Required area per dwelling unit to be maintained. No portion of a lot necessary to provide the required area per dwelling unit shall be separated in ownership from that portion of the lot upon which the building containing such dwelling unit is located.

(2)

Required yards to be maintained. No required yards or other open spaces around an existing building shall be separated in ownership from the parcel of land upon which said building is located.

(3)

Required lot width and lot area to be maintained. No lot or parcel of land held under single ownership on or after the date of adoption of the ordinance from which this chapter is derived shall be divided in ownership, if such division reduces either portion below the minimum lot width or lot area required in this chapter, nor shall any lot or parcel of land held under single ownership on or after such date, and which has a width or area less than required by this chapter, be further reduced in any manner.

(Ord. of 2-3-1956, § 17)

(a)

Abandonment of use. All property zoned under the terms and provisions of this chapter, or subsequently rezoned as herein provided, shall be zoned with the understanding and provision that, if, for a period of three years, said property is not used for any of the uses herein specified for the zone in which said property is located, it shall be deemed to have been abandoned for such use, and may, at the discretion of the board of trustees, after a duly advertised hearing before the zoning board of appeals, be caused to revert to a higher zoning classification.

(b)

Vacation of streets or alleys. Should any of the public streets or alleys hereafter be vacated by action of the board of trustees, and thereby revert to private ownership, said vacated land shall automatically assume the zoning of the adjacent real property having the highest zoning classification, unless otherwise provided by the board of trustees.

(c)

Right-of-way and reserve zone of Illinois and Michigan Canal. Subsection (b) of this section shall also apply to the right-of-way and reserve zone of the Illinois and Michigan Canal, should it, at some future time, revert to private ownership.

(Ord. of 2-3-1956, § 18)

(a)

This chapter shall be administered and enforced by such officer as may be appointed by the board of trustees, serving ex officio, part-time or full-time as the duties seem to require. He shall be referred to herein as the zoning officer and is hereby empowered and it shall be his duty to enforce the provisions of this chapter, such as the use of land, lot and yard areas, and the erection, construction, reconstruction, moving, conversion or alteration of any building or structure or any addition thereto. He shall be the custodian of an official copy of the zoning map of the village and shall, from time to time, make changes thereon as such changes are duly authorized by the board of trustees. He shall maintain certain regular office hours for counseling with the public on zoning matters, receiving petitions and issuing permits. He shall inspect all proposed building sites before issuing building permits and all completed buildings or structures before issuing certificates of occupancy; he shall also attend all public hearings of the zoning board of appeals.

(b)

It shall be the duty of the chief of police and all officers charged with the enforcement of law to cooperate with and respond to the directions of the zoning officer in the enforcement of this chapter and all provisions of the same.

(c)

It shall be the duty of the village clerk, the health department, the water department, and all officers charged with the issuance of permits and licenses to enforce the provisions of this chapter pertaining to land or buildings for which such permit or license is required by any other village ordinance, and to refuse to issue any permit or license under their jurisdiction unless or until all provisions and requirements of this chapter are complied with and so certified by the zoning officer.

(Ord. of 2-3-1956, § 19)

(a)

Subsequent to the effective date of the ordinance from which this chapter is derived, no land shall be occupied or used, and no building hereafter erected or structurally altered shall be occupied or used, in whole or in part, for any purpose whatever, unless a certificate is issued by the zoning officer, stating that the building and use comply with the provisions of this chapter. No change of use shall be made in any building or part thereof now or hereafter erected or structurally altered without a compliance permit being issued therefor by the zoning officer.

(b)

No application for a permit to excavate for, build, erect, move or alter any building or structure, and no permit to rezone property, split lots, change the use of land or otherwise vary from the provisions of this chapter, shall be complete and valid unless the applicant concurrently makes application for an occupation and compliance permit.

(c)

Certificates of occupancy and compliance shall be issued, after inspection by the zoning officer, within ten days after the lawful erection or alteration of the building is completed. A record of all such certificates shall be kept on file in the office of the zoning officer and copies may be furnished on request to any person having a proprietary or tenancy interest in the building affected.

(d)

A certificate of occupancy shall be required of all nonconforming uses. Applications for certificates of occupancy for such nonconforming uses shall be filed within 12 months from the effective date of the ordinance from which this chapter is derived.

(e)

Any use which does not conform with the use regulations of the district in which it is located and for which an occupancy permit has not been obtained in conformity with subsection (d) of this section shall be presumed to be operating in violation of this chapter and such use shall therefore be abated.

(Ord. of 2-3-1956, § 25)

(a)

Stop orders. The zoning officer shall have the power to order all work stopped on the construction, alteration or repair of buildings or structures in the village when such work is being done in violation of this chapter. Work shall not be resumed after the issuance of such order except on written permission of the zoning officer or by order of the village president. In case the stop order is an oral one, it shall be followed by a written stop order within 24 hours. Such written stop order may be served by any officer, employee or police officer of the village.

(b)

Inspections. The zoning officer shall inspect all buildings, structures and land within the corporate limits of the village as frequently as may be necessary to ensure compliance with this chapter, and he shall have authority to make, or cause to be made, entry into any building or premises for the purpose of making inspections at any reasonable hour.

(c)

Violations; penalty. Any person, firm or corporation who shall continue work in violation of a stop order of the zoning officer, or shall refuse the zoning officer the right of entry for inspection purposes, shall be fined not less than $5.00 nor more than $25.00 for each offense. Each day on which any work in violation of such order is done, or on which such right of entry is refused, shall constitute a separate and distinct offense.

(Ord. of 2-3-1956, § 26)

(a)

Penalty. Any person, firm, company or corporation, whether acting as principal, agent, employee or otherwise, violating any provision of this chapter or of any variance or conditioned permit granted thereunder shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, except as provided in section 90-37(c), be punishable by a fine of not less than $5.00 and not more than as set forth in 1-8. Such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of this chapter is committed, continued or permitted by such person, and, upon conviction thereof, shall be punished as herein provided.

(b)

Legal action. Any building or structure hereafter set up, erected, built, moved or maintained or any use of property hereafter contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance and the village attorney shall, upon order of the board of trustees, immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person from setting up, erecting, building, moving or maintaining any such building or structure or using any property contrary to the provisions of this chapter.

(Ord. of 2-3-1956, § 27)

All applications for building or use permits, for the splitting of lots, for rezoning or for variances shall be accompanied by a scale drawing in duplicate, showing all present and proposed buildings and structures and all adjacent streets and contiguous property, and such other data as the zoning officer may require. Plats involving not more than one lot shall be drawn to a scale of one inch to 50 feet; plats involving two or more lots may be drawn to scale of one inch to 100 feet.

(Ord. of 2-3-1956, § 28)

(a)

A zoning board of appeals is hereby authorized to be established. The term "board," when used in this chapter, shall be construed to mean the zoning board of appeals. The zoning board of appeals shall consist of seven members, all of whom shall be appointed by village president and approved by the board of trustees.

(b)

Each member shall serve for a term of five years. Vacancies upon the zoning board of appeals shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member. The board of trustees shall have power to remove any member of the zoning board of appeals for cause, after due notice and public hearing. Members of the zoning board of appeals may be reimbursed for expenses incurred but otherwise shall serve without compensation.

(c)

The zoning board of appeals shall elect its own chairman, vice-chairman and secretary, who shall serve for a period of three years. The zoning board of appeals may also, from time to time, adopt such rules and regulations as it may deem necessary in order to carry out the provisions of this chapter. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses at public hearings.

(d)

In general, the zoning board of appeals shall be a fact-finding body, empowered to make inquiry and investigation, conduct public hearings, grant variations, interpret zoning regulations and make recommendations to the board of trustees concerning requests for rezoning and other changes and modifications as provided in this chapter. All meetings of the zoning board of appeals shall be open to the public. The presence of four members shall be necessary to constitute a quorum.

(e)

Each member of the zoning board of appeals shall be paid the sum of $15.00 for attendance at each official meeting held by the zoning board of appeals and the chairman of the zoning board of appeals shall be paid the sum of $25.00 for each said meeting held by him.

(Ord. of 2-3-1956, § 20; Ord. No. 749, 4-2-1996)

(a)

Petitions.

(1)

The zoning board of appeals, in cooperation with the zoning officer, shall prescribe the form in which applications for changes of zone boundaries, reclassifications or variations are made. The zoning officer may prepare and provide blanks for such purposes and may prescribe the type of information to be provided in such application by the petitioner (see section 90-32(b)). No petition shall be received unless it complies with such requirements.

(2)

Petitions and applications pursuant to this chapter shall be numbered consecutively by the zoning officer, in order of filing, and shall become a permanent official record of the zoning department, and there shall be attached thereto and permanently filed therewith copies of all notices posted, mailed or published, and all findings, decisions or recommendations pertaining thereto.

(3)

A reasonable fee, to be established by ordinance by the board of trustees, shall be paid upon the filing of each such petition, for the purpose of defraying the expenses of clerical services, office forms, postage, posting, advertising and other costs incidental to the proceedings prescribed herein. A written receipt shall be issued to the person making such payment and records of such payment and expenditures thereof shall be kept in such manner as prescribed by law. Regardless of the decision rendered, no part of such fee shall be returnable if a public hearing has been held.

(b)

Notices.

(1)

All proposals coming before the zoning board of appeals, such as amendments to zone boundaries, the reclassification of property uses within such zones, the splitting of lots or the granting of variations, shall be set for public hearing by the secretary of the zoning board of appeals not less than 15 days nor more than 30 days from the time of filing a verified petition; provided, however, that not more than one hearing shall be required for the purpose of arriving at a decision in any one of the above specified matters.

(2)

Notice of the time and place of such hearings shall be by publication once in a newspaper of general circulation in the village and such notice shall state the location and extent of the property in question and the changes proposed.

(3)

Upon all applications for a zoning map amendment and all applications for a variation or variation of use, the applicant shall post a sign at least 15 days but not more than 30 days before the hearing date. At least one sign for every 500 feet of street frontage with a minimum of one sign on each street abutting the property shall be posted. The sign shall contain the time and place of the public hearing and the nature of the request. It shall be placed in a conspicuous location on the property so it may be observed and read from the street. The sign shall be provided by the village clerk upon the applicant's payment of a $50.00 deposit for each sign. It shall be the applicant's responsibility to post the sign. Written certification of the posting of the sign shall be provided by the applicant to the village with the date and location of the posting of the sign. Upon completion of the public hearing, the sign shall be removed by the applicant and returned to the village within ten days. The applicant's deposit shall be refunded upon return of the sign. Failure to post the sign as required may result in the deferral of action on, or the denial of, the applicant's petition.

(c)

Investigation. Preceding the public hearing, as many of the members of the zoning board of appeals as possible, and not less than four, shall personally inspect the property in question and personally or otherwise cause such investigation of facts bearing upon the application to be made as will provide all necessary information to assure action on each case consistent with the purposes of this chapter.

(d)

Hearings.

(1)

Public hearings, as provided in this chapter, shall be conducted before the zoning board of appeals or before any member or members thereof designated by the zoning board of appeals so to serve, but 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 officer or to decide in favor of the appellant any matter upon which it is required to pass under this chapter, such as the splitting of lots or the granting of variations.

(2)

The zoning board of appeals shall keep minutes of its proceedings showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact. It shall also keep a summary of all pertinent testimony offered at public hearings and the names and addresses of persons testifying. This shall be made a part of the permanent file of the cases heard.

(3)

As soon as possible after the public hearing, but not later than 30 days thereafter, the zoning board of appeals shall announce and record its decision or recommendation, and such decision shall recite the findings of the zoning board of appeals upon which its decision was based. Failure of the zoning board of appeals to act within 30 days shall serve automatically and immediately to refer the whole matter to the board of trustees for such action as it deems advisable. In the event of such failure on the part of the zoning board of appeals, the secretary of the zoning board of appeals shall immediately deliver to the village clerk all records concerning the matter involved.

(e)

Reconsideration of rezoning after denial. When a petition for a rezoning has been denied by the board of trustees after a duly advertised hearing before the zoning board of appeals, the same rezoning shall not again be considered until a period of at least two years shall have elapsed, and then only if changes in business trends in the neighborhood in question may have made material changes in the situation.

(Ord. of 2-3-1956, § 21; Ord. No. 708, § 1, 6-2-1993)

Any person or persons jointly or severally aggrieved, or any officer, department, board or bureau of the village, may appeal to the zoning board of appeals to review any order, requirement, decision or determination made by the zoning officer, and any of the above may appeal to a court of record concerning decisions made by the zoning board of appeals.

(Ord. of 2-3-1956, § 22)

The zoning board of appeals shall have the following powers and duties:

(1)

To make investigations, conduct public hearings and make recommendations to the board of trustees concerning proposed basic changes in this chapter.

(2)

To make careful inquiry, conduct hearings and make recommendations concerning petitions for the rezoning of specific lots, parcels or tracts of land.

(3)

To hear and decide appeals where it is alleged there is error of law in an order, requirement, decision or determination made by the zoning officer in the enforcement of this chapter.

(4)

To permit the extension of a district where the boundary line of a district divides a lot in single ownership at the time of the passage of this chapter. Where a district boundary line divides a lot or parcel of land in single ownership, the regulations for either portion of the lot may extend to the entire lot, but not in any case more than 25 feet beyond the boundary line of the district, except by hearing and decision of the zoning board of appeals as specified above.

(5)

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map and made a part of this chapter, should the street layout actually on the ground vary from the street layout as shown on the map aforesaid.

(6)

To hear evidence concerning the proposed splitting of lots to determine whether or not the proposed division of land is in conflict with the provisions of this chapter.

(7)

To recommend the reconstruction of a nonconforming building or structure which has been damaged by explosion, fire or act of God, to the extent of more than 50 percent of its assessed value, where the zoning board of appeals finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to perpetuate a monopoly.

(8)

To recommend a variation in yard requirements of any property where there are unusual practical difficulties or unintentional hardships in carrying out the exact letter of the provisions of this chapter, due to an irregular shape of the lot, topographical or other conditions, provided such variations will not seriously affect adjoining property or the general welfare. No variation shall be made except in a specific case and after a public hearing before the zoning board of appeals of which there shall be due notice as above provided.

(9)

To recommend such modification of the height and/or area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located in relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification.

(10)

To recommend upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him unusual practical difficulties or particular hardships, such variation of the strict application of the terms of this chapter as are in harmony with its general purpose and intent; but only when the zoning board of appeals is satisfied that the granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some evident and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by this chapter, and at the same time surrounding property will be adequately protected. Every variation recommended by the zoning board of appeals shall be accompanied by a written finding of fact, based on investigation, testimony and evidence, and specifying the reason or reasons for granting or denying the variation.

(11)

To permit temporary buildings and structures in residential and business zones for a period not to exceed one year for the use and convenience of contractors engaged in construction work in such areas. Such permits may be extended once for an additional period of six months at the discretion of the zoning board of appeals.

(12)

In exercising the above powers, the zoning board of appeals may reverse or affirm, in whole or in part, or may modify the order, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the zoning officer from whom the appeal is taken.

(Ord. of 2-3-1956, § 23)