(A)   Intent and purpose. It shall be the duty of the Zoning Administrator to enforce this chapter. The Village Planner is hereby designated the Zoning Administrator. The Zoning Administrator shall receive applications required by this chapter, issue permits and furnish prescribed certificates. He/she shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. He/she shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. He/she shall when requested by the Planning & Zoning Commission, Zoning Board of Appeals, Village Administration or Village Board of Trustees, or when the interests of the municipality so require, make investigations in connection with matters referred to in this chapter and render written reports on the same. For the purpose of enforcing compliance with law, he/she shall issue such notices or orders as may be necessary.

   (B)   Inspections: Inspections shall be made by the Zoning Administrator or a duly appointed assistant or employee of the village.

   (C)   Organization: The administration of this chapter is hereby vested in:

      (1)   The Zoning Administrator;

      (2)   The Zoning Board of Appeals (ILCS Ch. 65, Act 5, § 11-13-3);

      (3)   The Planning & Zoning Commission (ILCS Ch. 65, Act 5, §§ 11-12-4 and 11-12-5); and,

      (4)   The Village President (Mayor) and Board of Trustees.

   (D)   Enforcement:

      (1)   The Zoning Administrator shall enforce this chapter. The Administrator shall:

         (a)   Adopt policies and procedures that are consistent with, in order to carry out the provisions of this chapter;

         (b)   Request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Village Engineer in fixing grades, of the Chief of Police in enforcing orders, of the Village Attorney in prosecuting violations, of the building inspector for construction violations to this chapter, and of other officials from time to time and are determined to be necessary in carrying out the strict letter of this chapter;

         (c)   Determine the conformity of applications for zoning certificates with this chapter;

         (d)   Issue all zoning certificates, following approval as required by this chapter, and maintain records thereof;

         (e)   Countersign all certificates of occupancy with Building Inspector and maintain records thereof;

         (f)   Conduct inspections of structures and uses of land to determine compliance with this chapter, at least once every two years;

         (g)   Decide or make recommendations on all other matters under this chapter upon which the Zoning Administrator is required to act;

         (h)   Initiate, direct, and review from time to time, a study of this chapter, and make reports of his recommendations to the Planning & Zoning Commission, not less than annually;

         (i)   Issue permits regulating the erection and use of temporary buildings for specific periods of time for purposes such as community, religious, eleemosynary, educations, amusement, recreational, or commercial purposes, provided that such uses are in conformity with all other regulations and codes of the village;

         (j)   Provide and maintain public information relative to all matters pertaining to this chapter;

         (k)   Receive, file, and forward to the Zoning Board of Appeals all applications for variances or other matters which, under this chapter, require referral to the Zoning Board of Appeals;

         (l)   Receive, file, and forward to the Planning & Zoning Commission all

applications for amendments, special uses, or other matters which, under this chapter, require referral to the Commission;

         (m)   Maintain permanent and current records of the administration and enforcement of this chapter, including, but not limited to, applications, processing and decisions for all amendments, special uses and planned unit developments recommended by the Planning & Zoning Commission and variances granted by the Zoning Board of Appeals.

         (n)   Shall also designate on the "Official Zoning Map" all map amendments and corporate limit modifications no later than March 31 of the following year, in accordance with state statutes and local ordinance.

   (E)   Zoning certificates: No building permit or license pertaining to the use of structures or land shall be issued by the village unless the application for that permit has been examined by the Zoning Administrator, and has affixed to it a certificate that the proposed structure and use complies with all of the provisions of this chapter. Construction or development authorized by a permit shall proceed with reasonable continuity until completion. Any certificate issued in conflict with any of the provisions of this chapter shall be null and void.

   (F)   Filing of plans: An application for a zoning certificate shall be accompanied by a current registered survey of the lot, drawn to a scale and prepared by a registered surveyor, showing the shape, area, and dimensions of the lot to be built upon, the exact size and location on the lot of the existing buildings and accessory buildings, the lines within the new structures of dwelling unit, the location of driveways, the location and number of off-street parking and off-street loading, unloading and outdoor storage, and such other information with regard to the lot and neighboring lots and performance standards as may be necessary to determine and provide for the enforcement of this chapter. One photo-copy of these plans shall be returned to the owner of the approved plan, and one copy shall be filed with the building inspector. The lot and location of the building thereon shall be staked out on the ground before construction is started.

   (G)   Certificates of occupancy:

      (1)   No land shall be occupied or used in a manner different from that existing on the effective date of this section, and no structure hereafter erected or altered shall be occupied or used in whole or in part for any purpose until a certificate of occupancy has been issued by the Zoning Administrator and/or Building Inspector, stating that the structure or land improvement complies with all the building and zoning laws and with all of the provisions of this chapter. No change of use shall be made in any structure or land improvement or part thereof, now or hereafter erected or altered, without an occupancy permit having been issued by the Zoning Administrator and/or Building Inspector, and no permit shall be issued to make such change unless it is in conformity with this chapter. Nothing in this chapter shall prevent the continuance of the present occupancy or use of any existing structure or land improvement, except as may be necessary for the safety of life and property.

      (2)   Application for a certificate of occupancy shall be made to the Zoning Administrator and/or Building Inspector and shall be issued within ten days after the erection or alteration of the structure has been completed. A record of all certificates of occupancy shall be kept on file, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the land or structure affected.

      (3)   Pending the issuance of a regular certificate of occupancy, a temporary permit may be issued by the Zoning Administrator and/or Building Inspector this permit to be valid for a period not to exceed six months from its date, during the completion of any structure or land improvement or during partial occupancy thereof. Application for temporary permit shall be accompanied with a statement covering the items of work to be completed and the reasons the temporary permit is requested.

(Ord. 12-0973, passed 4-4-12)

   (A)   The Zoning Board of Appeals (ZBA) is hereby established and shall consist of seven members appointed by the Village President with the consent of the Village Board of Trustees. All members of the ZBA shall be residents of the village. All members appointed to the ZBA shall serve terms of one year from the date of appointment (including appointments made prior to the effective date of this amended division (A)), and until their successors shall have been appointed and qualified. As of the effective date hereof, members of the Planning and Zoning Commission shall be relieved of any obligations as members of the ZBA and shall thereafter no longer serve or be obligated to serve in such capacity unless subsequently appointed as set forth herein.

   (B)   Vacancies shall be filled by the Village President with the consent of the Village Board of Trustees for the unexpired term. Members may be removed by the Village President and Board of Trustees for cause after written charges have been filed and after a public hearing has been held by the Village Board if demanded by the member so charged. Such hearing shall be conducted in accordance with the Open Meetings Act, but shall not be subject to the requirements of § 159.179.

   (C)   The Village President shall, with the advice and consent of the Village Board of Trustees, designate one member of the ZBA as the Chairman of the ZBA, who shall preside over the meetings and proceedings of the ZBA, and be empowered to compel the attendance of witnesses and administer oaths as provided by law, and designate one member of the ZBA as the Vice-Chairman of the ZBA, who shall perform the duties of the Chairman in the Chairman's absence.

   (D)   The Zoning Board of Appeals shall have a recording secretary and may employ a court reporter who shall make and keep a record of all of its meeting and official acts. The enforcing officer shall be the recording secretary to the Board and shall attend all meetings called by the Board. This does not supersede the enforcement powers or authority of the Zoning Administrator.

   (E)   The members of the Zoning Board of Appeals in office as of the time of the adoption of this amended division (E) shall be recognized as the Village Zoning Board of Appeals under the provisions of Chapter 159 and Chapter 35, and shall serve terms of one year from the date of appointment (including appointments made prior to the effective date of amended division (A) of this section), and until their successors shall have been appointed and qualified.

   (F)   The Zoning Board of Appeals is vested with the following jurisdiction and authority:

      (1)   To hear and make recommendations on appeals from any order, requirement, decision, or determination made by the Zoning Administrator under this chapter;

      (2)   To hear and recommend upon applications for variations from the terms provided in this chapter, in the manner prescribed by, and subject to, the standards established herein; and,

      (3)   To hear and recommend all matters referred to it and upon which it is required to hear under this chapter.

   (G)   The Zoning Board of Appeals shall meet as required prior to the Planning & Zoning Commission regular meetings and at such times and places within the village as the Zoning Board of Appeals may determine, provided same are accessible to the general public. All meetings of the Zoning Board of Appeals shall be open to the general public and conducted in accordance with the Open Meetings Act.

   (H)   The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on every question, or if absent or failing to vote, indicating that fact. The Board shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case and the reasons for granting or denying each application shall be specified. Every rule, regulations, and every order, requirement, decision, or determination of the Zoning Board of Appeals shall be filed in the office of the Zoning Administrator.

   (I)   The Zoning Board of Appeals shall adopt its own rules of procedure and may require submission of any records, plats, and other information necessary to make its determinations. A copy of the rules and procedures, and all recommendations shall be on file in the office of the Zoning Administrator.

   (J)   The minutes of the Zoning Board of Appeals are to be itemized with enough detail on the determination and shall be prepared and maintained by Village Department of Community Development staff.

(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 11-0938, passed 11-2-11; Am. Ord. 12-0973, passed 4-4-12; Am. Ord. 12-1013, passed 11-7-12)

   (A)   The Zoning Board of Appeals, after a public hearing, may determine to recommend a variance to the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances herein set forth, where the Zoning Board of Appeals makes findings of fact in accordance with the standards herein prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.

   (B)   An application for a variation shall be filed in writing with the Zoning Administrator, and copies thereof delivered to the Zoning Board of Appeals. The application shall be made on forms provided by the village and shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. All variations including those authorized by division (D) of this section on which the Zoning Board of Appeals may act, shall be submitted to the Zoning Board of Appeals and acted on in a public hearing conducted in accordance with § 159.179.

   (C)   Recommendations:

      (1)   Standards. The Zoning Board of Appeals shall not recommend a variance to the regulations of this chapter to the Village Board of Trustees unless it shall make findings of fact based upon the evidence presented to it in each specific case that:

         (a)   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the district in which it is located;

         (b)   The plight of the property owner is due to unique circumstances; and,

         (c)   The variance, if granted, will not alter the essential character of the locality.

      (2)   Supplemental standards. For the purposes of implementing the provisions of this section, the Zoning Board of Appeals shall also, in making its determination/recommendation as to whether or not there are practical difficulties or particular hardships. They shall take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence submitted:

         (a)   Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were not carried out;

         (b)   The conditions on which a petition/application for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification;

         (c)   The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property;

         (d)   The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and,

         (e)   The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood.

   (D)   The Zoning Board of Appeals may impose such conditions and restrictions on the premises benefited by the variation as may be necessary to comply with the standards established in this section, to reduce or minimize the effect of the variation on other property in the neighborhood and to better carry out the general intent of this chapter.

   (E)   Variations from the regulations of this chapter shall only be recommended by the Zoning Board of Appeals in accordance with the standards established in division (C) above, and may be granted by the Village Board of Trustees only in the following instances:

      (1)   To permit any yard or setback less than the yard or setback required by the applicable regulations, but not more than 25%;

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

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

      (4)   To reduce the applicable off-street parking or loading, unloading and outdoor storage facilities required by not more than one parking space or loading, unloading and outdoor storage space, or 20% of the applicable regulations, whichever number is greater;

      (5)   To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served;

      (6)   To increase by not more than 20% the gross area or locational requirements of any signage;

      (7)   To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations;

      (8)   To vary fence and/or hedge requirements by not more than 20%;

      (9)   To exceed any of the authorized variations allowed under this division, when a lot of record or a zoning lot, vacant or legally used on the effective date of this chapter, is by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding reduced in size so that the remainder of the lot of record or zoning lot or structure on the lot does not conform with one or more of the regulations of the district in which the lot of record or zoning lot or structure is located; and,

      (10)   The concurring vote of four members of the Zoning Board of Appeals shall be necessary to recommend a variation.

   (F)   Variations other than or exceeding those listed above shall only be granted by the Village Board of Trustees, but only after a public hearing as set forth herein for an authorized variation. The concurring vote of four of the elected members of the Village Board of Trustees shall be necessary to reverse any recommendation of the Zoning Board of Appeals. The concurring vote of the majority of the elected members of the Village Board of Trustees shall be necessary to approve or concur with the recommendations of the Zoning Board of Appeals.

(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 12-0973, passed 4-4-12)

   An appeal to the Zoning Board of Appeals may be made by any person aggrieved by a decision of the Zoning Administrator under this chapter and in accordance with the Illinois State Statutes and the following provisions:

   (A)   An application for an appeal shall be filed with the Village Clerk within 45 days of the date of the action from which the appeal is being filed, and thereafter the Clerk shall forward the application to the Zoning Board of Appeals for processing.

   (B)   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the 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/her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a court of record on application, on notice to the Zoning Administrator and on due cause shown.

   (C)   The Zoning Board of Appeals shall fix a reasonable time, not to exceed 60 days, for the public hearing on the appeal, and give due notice thereof to the parties involved, and decide the same within a reasonable time frame. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision, or determination appealed, as it sees fit, and to that end shall have all the powers of the officer from whom the appeal was taken.

   (D)   All applications for appeals shall be accompanied by a fee, consistent with the fee schedule as adopted by the Village Board of Trustees and as noted in § 159.178. In addition, the applicant is responsible for any and all review fees, transcription fees and publication fees that may be incurred by the village.

(Ord. 12-0973, passed 4-4-12)

   The Planning & Zoning Commission of the village, which has been duly created by the Village President with the advice and consent of the Village Board of Trustees, shall have the authority, responsibilities and duties as set forth herein:

   (A)   To hear and report findings and recommendations to the Village President and Village Board of Trustees on all applications for annexations, code amendments, planned unit developments, site and landscape plan review, zoning map amendments, and subdivisions (according to Chapter 158) in the manner prescribed by standards and other regulations set forth herein and elsewhere.

   (B)   To initiate, direct, and review, from time to time, studies of the provisions of this chapter, and to make reports of its recommendations to the Village President and Board of Trustees at least once each year.

   (C)   To hear and decide all matters on which it is required to pass under this chapter. All meetings of the Planning & Zoning Commission shall be held at the call of the Chairman and at such time as the Planning & Zoning Commission may determine. In all official proceedings, the Chairman, or in his absence, the Vice-Chairman of the Planning & Zoning Commission shall have the power to administer oaths and compel by subpoena the attendance and testimony of witnesses and the production of books and papers. The Planning & Zoning Commission shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indication of that fact, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every appearance, every recommendation, order, requirements, decision, or determination of the Planning & Zoning Commission shall also be kept. The Planning & Zoning Commission shall adopt its own rules and procedures, not in conflict with this chapter or with applicable state laws. All hearings shall be open to the general public.

(Ord. 12-0973, passed 4-4-12; Am. Ord. 12- 1013, passed 11-7-12)

   (A)   Zoning map amendments. This section applies to changes in the zoning designation of individual properties or changes to the zoning district boundaries and sizes of one or more properties on the zoning map.

      (1)   Map amendments may be proposed by the Village President and Village Board of Trustees, Planning & Zoning Commission, Zoning Board of Appeals, village staff, Zoning Administrator or individual property owners applying only for the property they own.

      (2)   An application for a map amendment shall be filed with the village or the Zoning Administrator. The application shall be accompanied by the plans or data and any other information, specified by the Planning & Zoning Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed map amendments will conform to the standards set forth herein. Copies of the application shall be forwarded by the Zoning Administrator to the Planning & Zoning Commission with the request to hold a public hearing.

      (3)   The Planning & Zoning Commission shall conduct a public hearing in accordance with § 159.179.

      (4)   Upon receipt in proper form of the applications and statement referred to in division (A)(2) above, the Planning & Zoning Commission shall hold at least one public hearing on the proposed map amendment. However, the Planning & Zoning Commission may continue from time to time the public hearing without further notice being published, subject to compliance with the requirements of the Open Meetings Act.

      (5)   Within 45 days after the close of the public hearing on a proposed map amendment, the Planning & Zoning Commission shall make written findings of fact and shall submit them together with its recommendations to the Village President and Village Board of Trustees. The Planning & Zoning Commission shall make findings based on the evidence presented to it in each specific case with respect to the following matters:

         (a)   Existing uses of the property within the general area of the property in question;

         (b)   The suitability of the property in question to the land uses permitted under the existing zoning district or classification in question;

         (c)   Length of time the property has remained vacant as zoned in the context of land development in the general area;

         (d)   Community need for the proposed land use;

         (e)   Extent to which property values are diminished by a particular zoning district or classification;

         (f)   Extent to which the destruction of the property value of a property owner benefits the health, safety, or general welfare of the public;

         (g)   Relative gain to the public as compared to the hardship on an individual property owner; and,

         (h)   Consistency and compliance of the proposed use with the Village Comprehensive Plan, and the current applicability of the Comprehensive Plan designation of the property in question.

      (6)   The Planning & Zoning Commission may hear a request for any map amendment and may recommend a zoning district or classification that is more restrictive than that requested.

   (B)   Zoning Code text amendments. This section applies to any revision, change, addition, or deletion of text from Chapter 159.

      (1)   Text amendments may be proposed by the Village President and Village Board of Trustees, Planning & Zoning Commission, Zoning Board of Appeals, Village Staff, or the Zoning Administrator.

      (2)   The Planning & Zoning Commission shall conduct a public hearing in accordance with § 159.179.

      (3)   Within 45 days after the close of the public hearing on a proposed text amendment, the Planning & Zoning Commission shall make written findings of fact and shall submit them together with its recommendations to the Village President and Village Board of Trustees.

   (C)   For each application for a zoning text or map amendment, the Planning & Zoning Commission shall report to the Village President and Board of Trustees its findings and recommendations, including the stipulations of additional conditions, and guarantees that these conditions will be complied with, when they are deemed necessary for the protection of the public interest. The Village President and Board of Trustees may grant or deny any application for an amendment, provided, that in the event of written protest against any proposed map amendment signed and acknowledged by the property owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, and filed with the Village Clerk, then such map amendment shall not be passed except by a favorable vote of two-thirds of the trustees of the village then holding office.

   (D)   A concurring vote of a majority of those members present at the meeting with a minimum of three concurring votes shall be required to recommend granting or denying an application for an amendment.

   (E)   The report to the Village President and Board of Trustees shall contain the number present and the number of votes for or against the motion.

   (F)   The Village President and Board of Trustees, upon receiving the recommendation of the Planning & Zoning Commission, may grant or deny the proposed amendment in accordance with applicable state law, or may refer to the Planning & Zoning Commission for further consideration.

   (G)   If an application for a proposed amendment had not received a final action by the Village Board of Trustees within six months from the date on which the application was received by the Village President and Board of Trustees, it shall be deemed to have been denied.

(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 12-0973, passed 4-4-12; Am. Ord. 12-1013, passed 11-7-12)

   (A)   The development and execution of a zoning ordinance or code is based on the division of the village into districts. Within these districts the use of the land and buildings and the location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, as to the impact of those use on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:

      (1)   Uses publicly operated or traditionally affected with a public interest; and,

      (2)   Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact on neighboring properties or public facilities.

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

   (C)   An application for a special use or expansion of a special use shall be filed with the Zoning Administrator and shall be accompanied by those plans, data and fees prescribed by the Planning & Zoning Commission and/or this chapter.

   (D)   Upon receipt of the application referred to in division (C) above, the Zoning Administrator shall provide notice for a public hearing in accordance with § 159.179.

   (E)   For each application for a special use permit, the Planning & Zoning Commission shall report to the Village President and Board of Trustees its findings and recommendations, including the stipulations of additional conditions, and guarantees that these conditions will be complied with, when they are deemed necessary for the protection of the public interest. The Village President and Board of Trustees may grant or deny any application for a special use permit.

   (F)   No special use permit shall be recommended by the Planning & Zoning Commission unless they have found the following to be evident:

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

      (2)   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 and impair property values within the neighborhood;

      (3)   The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

      (4)   Adequate utilities, access roads, drainage, or other necessary facilities have been or are being provided;

      (5)   Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and,

      (6)   The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as those regulations may in each instance be modified by the Village Board pursuant to the recommendations of the Planning & Zoning Commission.

(Ord. 12-0973, passed 4-4-12)

   (A)   All annexation agreements shall be initiated by the filing of a petition with the Village Clerk and Zoning Administrator. This application/petition shall be verified under oath by all the recorded title owners, including mortgage holders, of all the lands included within the annexation agreement.

   (B)   All petitions for annexation, requesting a zoning district/classification other than the zoning district/classification assigned to the lands annexed to the village, or for variations, special uses, planned unit developments, shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein for lands within the jurisdictional limits of the village. All request for zoning amendments or variations shall be accompanied by the fees as provided in § 159.178. The fees shall be paid at the time of filing the petition/application for annexation. The Planning & Zoning Commission, after due consideration and a public hearing on the request for zoning amendment or variance incidental to and part of the petition/application for annexation and conducted in accordance with the requirements of § 159.179, shall make specific findings of facts and recommendations with respect to zoning or variances upon the property included within the annexation agreement, as in all cases within the jurisdictional limits of the village.

   (C)   At the conclusion of the public hearing before the Planning & Zoning Commission of the village, and upon the Planning & Zoning Commission reporting its specific findings and recommendations, the village shall cause a public hearing on the petition for annexation to be conducted before the Village Board of Trustees in accordance with the requirements of § 159.179.

   (D)   In all cases of petitions/applications for annexation which do not include requests for zoning districts/classifications, other than those assigned to property annexed by the Village Board of Trustees, or have a request for a variation, the Village President and Board of Trustees may refer the petition/application to the Planning & Zoning Commission for study/review and recommendations. Upon receiving the recommendations of the Planning & Zoning Commission, the village shall cause a public hearing on the petition for annexation to be conducted before the Village Board of Trustees in accordance with the requirements of § 159.179.

(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 12-0973, passed 4-4-12)

   The Mayor and Village Board of Trustees shall establish a schedule of fees, charges, and expenses for amendments, special uses, variances, site plan review, and all other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Village Clerk and may be altered or amended from time to time by the Mayor and Village Board of Trustees. The village shall be entitled to suspend or withhold the issuance of any relevant permits or approvals, the conduct of any service, process, review or action, or the review and consideration of any application in any case where the person or entity seeking the same shall become more than 30 days delinquent in the payments of any fees or monies owed to the village for any purpose whatsoever, or in the performance of any other obligation owed to the village, whether or not the delinquency in question arises from or relates to the permit, approval, action, process, review, service or application in question, and without regard to the source of the underlying payment or performance obligation.

(Ord. 12-0973, passed 4-4-12)

   For any public hearing required under this chapter the following provisions shall apply.

   (A)   Public hearing notice and notification.

      (1)   The Zoning Administrator or their designee shall publish a "Notice of Public Hearing" on any application for which it is required under this chapter, and cause the placement of such public hearing as an item on the agenda of the public body of the village conducting the hearing at issue.

      (2)   Said notice shall include the following information:

         (a)   Date, time, and location where the hearing is to be held;

         (b)   An identifiable common address of the parcel and the Property Index Number (PIN) of the parcel. If no common address is available, a legal description must be provided;

         (c)   The present zoning of the parcel and a brief statement of the intended action being applied for; and

         (d)   The address and telephone number where copies of the application, plans, and proposals may be reviewed or obtained.

      (3)   Notice shall be published at least 15 days but not more than 30 days prior to the hearing in a paper of general circulation within the village.

      (4)   Notice shall be mailed at least 15 days but not more than 30 days prior to the hearing to all of the property owners within 250 feet of the parcel, excluding public rights- of-way, by certified mail, return receipt requested. When the application includes the annexation of territory to the village, notice shall be mailed to all of the taxing bodies of the parcel to be annexed.

      (5)   Public notice of the agenda for the meeting of the public body of the village conducting the hearing shall also be posted at the Village Hall and/or other location where the meeting and hearing are to be conducted and the village website not less than 48 hours prior to the conduct of the meeting and hearing in question.

      (6)   Signage. At least 15 days but not more than 30 days prior to the hearing a sign shall be posted on the parcel, viewable from the public right-of-way, indicating that the parcel is subject to a public hearing. Such sign shall remain on the property until the hearing, and any continuances thereof, is concluded. In the event that the parcel does not front a public right-of-way or that the application covers multiple parcels, the zoning administrator may post additional signs as reasonably required to ensure adequate notice of the application to the public.

      (7)   In the event that a public hearing for which notice has been properly provided in accordance with the above requirements is continued to or is to be reconvened at a future date, no additional notice of the continuance or reconvening of the public hearing shall be required as long as the continuance or reconvening of the public hearing in question is to a date and time certain that was publicly announced during the original opening or convening of the public hearing in question.

   (B)   Rules of procedure for public hearings.

      (1)   Registration of public participants. Anyone who wishes to speak or testify at the public hearing must sign-in prior to the commencement of the public hearing on the sign-up cards or sheets available at the front door of the meeting room. Speakers shall provide their names, and indicate the topic or topics that they desire to address.

      (2)   Conduct of hearing.

         (a)   The Chair may impose reasonable limitations on evidence or testimony presented by persons and parties, such as barring repetitious, irrelevant or immaterial testimony. Each individual (other than an applicant) shall have ten minutes to present his/her testimony. The meeting or hearing shall not be governed by strict rules of evidence; however, irrelevant, immaterial, or unduly repetitious evidence shall not be admissible or taken. The Chair shall rule on all questions related to the admissibility or materiality of evidence which ruling may be overruled by a majority vote of the members of the body or board present. The Chair may impose reasonable conditions on the hearing process and grant additional time for evidence and testimony based on the following factors:

            1.   The complexity of the issue;

            2.   Whether the witness possesses special expertise;

            3.   Whether the testimony reflects a matter of taste or personal opinion or concerns a disputed issue of fact;

            4.   The degree to which the witness's testimony relates to the factors to be considered in approving or denying the proposal; and

            5.   Such other factors as are appropriate for the hearing.

         (b)   The Chair may take such actions as are required to maintain an orderly and civil hearing. Discourtesy or disorderly conduct shall be deemed a breach of order, and such misconduct shall be dealt with as appropriate, including but not limited to expulsion from the hearing. All persons presenting evidence or testimony, or who are otherwise participating in the hearing shall first be recognized by the Chair prior to proceeding, and shall either direct their remarks to the Chair, the public body or direct their questions to a witness, as the case may be, and shall refrain from engaging in colloquy or debate with members of the audience. Likewise, all members of the audience not engaged in presenting testimony or evidence or otherwise recognized by the Chair to speak shall refrain from colloquy, debate or exclamation until such time as they may be so engaged or recognized.

         (c)   All persons offering testimony at a public hearing shall testify under oath. People participating shall identify themselves for the record, giving their name and address, either orally or in writing, and indicate if an attorney represents them.

         (d)   The order of presentation of evidence at a public hearing or meeting shall generally be as follows, but may be modified as determined appropriate by the Chair:

            1.    Identification of applicant.

            2.   Statement of the Chair or designee regarding the nature of the case, relief sought, and

            3.   Submittal of proof of notice.

            4.   Introduction of application by village staff.

            5.    Presentation of evidence and testimony by applicant.

            6.   Review of application and comment by village staff or consultants.

            7.   Questions regarding application by village elected or appointed officials.

            8.   Questions and comments regarding application by members of public.

            9.    Presentation of testimony and evidence by others relating to the application.

            10.   Questions by village elected or appointed officials or applicant regarding testimony and evidence by others.

            11.   Applicant response to questions and comments.

            12.   In some cases, re-examination may be allowed by the Chair, however reexamination shall be limited to the scope of matters raised on cross-examination.

            13.   At any point in the proceedings, the Chair or other village elected or appointed officials may call upon witnesses who have not previously testified, such as village staff and village consultants. The elected or appointed officials, staff and consultants of the village may ask questions at any time during the hearing or meeting.

         (e)   At the conclusion of an evidentiary portion of a public hearing, the Chair or body present may move to close the public hearing, move to deliberate on the evidence presented, or move to continue the hearing to a date time and location certain.

(Ord. 12-0973, passed 4-4-12; Am. Ord. 14- 1136, passed 9-17-14)

   Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of any of the provisions of this Chapter shall be subject to a fine not less than $50 nor more than $750 dollars for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.