(a)

Projects subject to review. This article provides a clear and comprehensible development review process that is fair and equitable to applicants, effected neighbors, and the village.

(b)

Review process. This article establishes an orderly review process for all proposed projects involving construction of a building or other structure, any site improvements or alterations or a modification in the use of land within the village that is consistent with this chapter.

(Ord. of 3-2-2021, § 155.15.1)

(a)

Zoning board of appeals.

(1)

Creation and membership.

a.

A zoning board of appeals is created by the adoption of the chapter. The board shall consist of seven members appointed by the village president and confirmed by the board of trustees. The term "board," when used in this section, shall be construed to mean the zoning board of appeals. All members of the board shall be residents of the village. No voting member of the zoning board shall hold an elected office within the village.

b.

The members of the board shall serve for a five-year term.

c.

One of the members of the zoning board of appeals shall be named chairperson at the time of their appointment by the village president and confirmation by the board of trustees. The board of trustees shall have the power to remove any member of the zoning board of appeals for cause and after a public hearing. 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 provided for the appointment of the members.

(2)

Meetings and rules. All meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine after consultation with the zoning administrator. All hearings conducted by the board shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly authorized agent, or attorney. Any testimony before the board shall be given under oath. The chairperson or, in their absence, the acting chairperson may administer oaths and request the attendance of witnesses. The board shall make a finding of fact for each question requiring a finding before taking a vote on such question pursuant to section 15-781. Such finding of fact shall be made a part of the written record of the hearing. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall also keep records of its hearings and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the board shall be filed immediately in the office of zoning administration and shall be a public record. No action or procedure of the board shall conflict with the provisions of 65 ILCS 5/1 et seq.

(3)

Offices. The board of trustees shall provide suitable offices for the holding of hearings and the presentation of records, documents, and accounts.

(4)

Appropriations. The board of trustees shall appropriate funds to carry out the duties of the board and the board shall have the authority to expend, under regular procedure, all sums appropriated to it for the purposes and activities authorized in this chapter.

(5)

Compensation. The general members of the zoning board of appeals shall be compensated $60.00 per meeting attended. The chairperson of the zoning board of appeals shall be compensated $80.00 per meeting attended.

(6)

Jurisdiction. The board of appeals is hereby vested with the following jurisdiction and authority:

a.

To hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator under this chapter. The board may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision, or determination appealed from to the extent and in the manner that the board may decide to be fitting and proper in the premises, and to that end, the board shall also have all the powers of the officer from whom the appeals are taken;

b.

To hear and decide all matters referred to it or upon which it is required to pass under this chapter;

c.

To hear and pass a recommendation on applications for amendments, special use permits and variances from a strict application of the terms of this chapter, in the manner and subject to the standards set out in this chapter;

d.

No rehearing shall be held on a denied appeal or application for variance or special use permit for a period of 12 months from the date of the denial if no substantial change to the application has been made.

(7)

Decisions of the board of appeals; final review by board of trustees.

a.

The concurring vote of four members of the board 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 chapter to render decisions.

b.

All decisions of the board authorized under this chapter, with the exception of design review, shall be subject to review by the village board of trustees for confirmation or denial according to the provisions of this chapter and 65 ILCS 5/1 et seq. The action of the village board of trustees shall constitute a final administrative decision on any matter and shall be subject to judicial review pursuant to the provisions of the state Administrative Review Act, 735 ILCS 5/3-101 et seq.

(b)

Appeal of zoning administrator's decision.

(1)

Appeal. An appeal may be taken to the zoning board of appeals by any persons, firm, corporation, office, department, board, or bureau affected by a decision of the office of the zoning administrator. The appeal shall be taken within such time as shall be prescribed and adopted as general rules by the board and shall be taken by filing with the zoning administrator a notice of appeal, specifying the ground thereof, together with those plats and exhibits as are reasonably necessary. The appeal shall be taken upon forms provided by the board. The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed was taken.

(2)

Hearing of appeals. The board shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons appealing and to the officer from whom the appeal is taken. It shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney to testify.

(3)

Stay of proceedings. The appeal shall stay all proceedings and furtherance of the action appealed from, unless the zoning administrator certifies to the board of appeals, after notice of appeal has been filed with them that, by reason of facts stated in the certificate, a stay would, in their opinion cause imminent peril to life or property. In such a case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by the court of record on the application, with notice to the officer from whom the appeal is taken, and all due causes shown.

(c)

Office of zoning administration.

(1)

Creation. The office of zoning administration is hereby created and, under the direction of a zoning administrator, shall have the responsibility of administering and enforcing the provisions of this chapter.

(2)

Powers and duties. The office of zoning administration shall enforce the provisions of this chapter, and, in addition thereto and furtherance of that authority shall:

a.

Examine and approve any application pertaining to the use of land, buildings, or structures to determine if the application conforms with the provisions of this chapter;

b.

Issue all zoning certificates, and keep permanent records thereof;

c.

Issue all certificates of zoning compliance and keep permanent records thereof;

d.

Conduct inspections of buildings, structures, and uses of land as are necessary to determine compliance with the terms of this chapter;

e.

Receive, file, and forward for action all applications for appeals, variances, special uses, and amendments to this chapter which are filed in the zoning office;

f.

Initiate, direct and review, from time to time, a study of the provisions of this chapter, and make reports of his recommendations to the village board of trustees and the village zoning board of appeals not less frequently than once a year;

g.

Revoke certificates of zoning compliance where provisions of this chapter are being violated; and

h.

Issue certificate of zoning compliance for nonconforming uses existing at the time of passage of this chapter or any amendment thereto.

(3)

Remedies. All remedies provided for herein shall be cumulative and not exclusive.

(d)

Appointment. The zoning administrator shall be appointed by the president of the village board of trustees with the approval of the village board of trustees.

(e)

Term. The term of the zoning administrator shall not exceed the term of office of the president making the appointment and shall either be reappointed or continue until a successor shall have been appointed and qualified.

(f)

Removal. The village board of trustees shall have the power to remove the zoning administrator for cause and after a public hearing.

(g)

Compensation. The zoning administrator's monetary compensation shall be determined by the village board of trustees.

(h)

Enforcement.

(1)

Permits, certificates, and licenses. All officials, departments, and employees of the village vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this chapter and shall issue no permit, certificate, or license which conflicts with the provisions of this chapter. Any permit, certificate, or license issued after the adoption of this chapter and in conflict with the provisions of this chapter shall be void.

(2)

Duties of zoning administrator. The zoning administrator shall be the official responsible for the enforcement of this chapter. The zoning administrator may serve notice requiring the removal of any structure or use in violation of this chapter on the owner or their authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. The zoning administrator may call upon the village attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the village attorney is hereby authorized to institute appropriate actions to that end. The zoning administrator may call upon the chief of police and their authorized agents to assist in the enforcement of this chapter.

(3)

Violations, penalties.

a.

Any person or entity violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $500.00. A person or entity shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued, or permitted by the person or entity and shall be punishable as herein provided.

b.

Any structure or sign erected, moved, altered, enlarged, or maintained and any use of a site contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance, and the village attorney shall immediately institute necessary legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law, shall take any other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure, sign, or use and restrain or enjoin the person or entity from erecting, moving, altering, or enlarging the structure or sign or using the site contrary to the provisions of this chapter.

(Ord. of 3-2-2021, § 155.15.2; Ord. No. 2021-30, § 1, 12-21-2021)

(a)

Data to be furnished. Application for a special use permit shall be made to the zoning administrator on a form prescribed by the zoning board of appeals with at least the following data:

(1)

Name and address of the applicant;

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located;

(3)

Address or description of the property; and

(4)

Statement indicating the precise manner of compliance with each of the applicable provisions of this article, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed in section 15-780(c).

(b)

Maps. The application shall be accompanied by the following plans and drawings:

(1)

An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.

(2)

An accurate scale drawing of the site showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities, and landscaped areas.

(3)

The zoning administrator may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the zoning board of appeals to determine whether the proposed use will comply with each of the applicable provisions of this article.

(c)

Fee. The application shall be accompanied by a fee as established, and amended from time to time, by chapter 156, the fee schedule for the village.

(Ord. of 3-2-2021, § 155.15.3)

(a)

Design review is implemented under municipal authority to promote the public health, safety, and welfare. More specifically, design review is intended to enhance the aesthetic environment and ensure that larger development projects are compatible with neighboring properties and existing development elsewhere in the village.

(b)

No person shall perform any land development and/or construction of a nonresidential development, requiring the issuance of any village permit, without first obtaining a design review approval from the village zoning board of appeals.

(c)

Any person seeking a design review approval shall submit to the ZBA any and all maps, design drawings. blueprints, sign plans, lighting plans, landscape plans and/or site plans associated with the land development and/or new construction project for which the design review approval is sought.

(d)

The ZBA shall review all applications and accompanying documents and either grant or deny the application within 30 days of the receipt of the application.

(e)

If the ZBA denies an application, the ZBA shall provide to the applicant reasons for such action.

(f)

Plans to be approved.

(1)

No zoning permit or building permit for either a new structure, or an exterior alteration, enlargement, or major remodeling of an existing structure, in a C or I district, shall be issued until the elevations, site plan, and landscape plan have been approved by the zoning board of appeals.

(2)

No zoning permit or building permit for a new structure having four or more dwelling units shall be issued until the elevations, site plan, and landscape plan have been approved by the zoning board of appeals.

(3)

No zoning permit that is subject to design review prescribed in this section shall be issued until the drawings have been approved by the zoning board of appeals.

(4)

In addition to the requirements of this section, plans subject to this chapter shall, comply with all other applicable requirements of this chapter, chapter 151, and all right-of-way construction and repair requirements in this Code, as set forth in section 5-105, and driveway construction and repair, as set forth in section 5-106.

(g)

Drawings to be submitted. The owner of the site or his authorized agent shall submit the following drawings to the zoning administrator. One printed copy and one electronic copy in pdf format shall be submitted.

(1)

A site plan, drawn to scale, showing the proposed layout of structures, grading, and other improvements, including where appropriate driveways, pedestrian walks, off-street parking and off-street loading areas, landscaped areas, fences, excess stormwater passageways, stormwater detention facilities, and walls. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of off-street parking and off-street loading areas, the location of each parking space and each loading berth, and areas for turning and maneuvering vehicles;

(2)

A landscape plan, drawn to scale, showing the locations of existing trees proposed to be retained on the site, the location and design of landscaped areas, and the varieties of plant materials to be planted therein, and other landscape features;

(3)

A lighting plan, including:

a.

A photometric plan indicating footcandle levels at grade at the lot lines.

b.

Specifications for all luminaires, poles, and luminaire mounting arms.

c.

The location, mounting height, and color temperature for all fixtures.

(4)

Architectural drawings or sketches, drawn to scale, showing all elevations of the proposed structure as they will appear upon completion. All exterior surfacing materials shall be specified; and

(5)

Scale drawings showing size, location, material, colors, and illumination of all signs that are subject to design review prescribed in this section.

(h)

Zoning board of appeals review.

(1)

Upon receipt of the required drawings, the zoning administrator shall refer the drawings to the village zoning board of appeals for review at the next scheduled meeting. The zoning board of appeals shall approve or disapprove the site plan, the landscape plan, the architectural elevations, and the sign drawings, or shall request the owner to revise them. The board may obtain the advice of persons trained in the fields of architecture, landscape architecture, planning, or other disciplines to aid in reaching its decision.

(2)

Revised drawings shall be reviewed as prescribed in this subsection (d) of this section and shall be approved or disapproved by the zoning board of appeals, or additional revision may be requested.

(3)

Should the zoning board of appeals fail to act within 90 days from the first meeting when the drawings are presented to them, the drawings shall be deemed as approved, unless a time extension is requested by the applicant and granted by the zoning board of appeals.

(i)

Appeal to village board of trustees.

(1)

Following a denial by the zoning board of appeals, the decision may be appealed to the village board of trustees by the applicant. The appeal shall be made on a form prescribed by the zoning board of appeals and shall be filed with the village clerk. The appeal shall state specifically why the decision of the zoning board of appeals is not in accordance with the purpose prescribed in subsection (a) of this section.

(2)

Filing of an appeal, the zoning administrator shall transmit to the village board of trustees the site plan, the architectural elevations, the landscape plan, the sign drawings, and the minutes of the zoning board of appeals or a report of the zoning board of appeals on the design reviewed.

(3)

The village clerk shall notify the applicant of the time when the appeal will be considered by the village board of trustees.

(j)

Action of village board of trustees.

(1)

Following the transmittal of the appeal to the village board of trustees, the village board of trustees shall affirm, reverse, or modify the decision; provided that if a decision is reversed or modified, the village board of trustees shall make a finding that the decision is not in accordance with the purpose prescribed in subsection (d) of this section.

(2)

Failure of the village board of trustees to act within 90 days of the date of filing an appeal shall be deemed approval of the drawings as submitted by the applicant, unless a time extension is requested by the applicant and granted by the village board of trustees.

(Ord. of 3-2-2021, § 155.15.4)

(a)

Purposes and requirements. To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this chapter, and in order that the village may have a record of each new or expanded use of a structure or site, a zoning permit is required before any building permit may be issued or any structure or site used, and a certificate of occupancy required by the village building code shall be issued only for a structure that conforms with the zoning permit.

(b)

Application and issuance of zoning permit. Application for a zoning permit shall be made on a form prescribed by the zoning board of appeals and shall be accompanied by plans, the projected duration of construction activities, and additional information as necessary, in the opinion of the zoning administrator, to demonstrate conformity with this chapter. The zoning administrator shall check the application and all data submitted with it to see that all provisions of this chapter will be complied with.

(c)

Issuance of building permit. The county will not issue a building permit for structures unless they conform to an approved zoning permit or a special use permit has been issued.

(d)

Issuance of a certificate of occupancy. The county will not issue a certificate of occupancy until a certificate of zoning compliance has been issued.

(e)

Expiration. A certificate of zoning compliance shall expire 12 months after issuance if an associated building permit has not been issued. A certificate of zoning compliance shall expire when the associated building permit expires.

(f)

Completion of work. All work covered under the issuance of a zoning permit shall be completed, including necessary restoration of public and private land impacted by the activity, within the same construction season in which the work commenced. No work shall remain in an uncompleted, or unrestored state over the winter without the written consent of the zoning administrator.

(Ord. of 3-2-2021, § 155.15.5)

(a)

Purpose and initiation. In order to ensure that the village zoning regulations will permit all similar uses in each district, the village zoning board of appeals, upon its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted use or a special use in a UT, R, I, or C district shall be deemed a permitted use or a special use in one or more districts on the basis of similarity to uses specifically listed.

(b)

Application. Application for determination that a specific use should be included as a permitted use or a special use in a UT, R, I, or C district shall be made in writing to the zoning administrator, and shall include a detailed description of the proposed use and any other information as may be required by the zoning board of appeals to facilitate the determination.

(c)

Investigation. The zoning board of appeals shall make or have made any investigations as it deems necessary to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter, and to make a determination of this classification.

(d)

Determination. The determination of the zoning board of appeals shall be rendered in writing within 60 days, unless the applicant consents to an extension of the time period and shall include findings supporting the conclusion.

(e)

Effective date of determination. Within five days following the date of a decision of the zoning board of appeals on a request for a determination as to a use not listed, the zoning administrator shall transmit to the village board written notice of the decision. A decision shall become effective ten days following the date on which the determination was made or on the day following the next meeting of the board of trustees, whichever is later, unless an appeal has been taken to the village board, or unless the village board shall elect to review the decision of the zoning board of appeals.

(f)

Appeal to the board of trustees. Within ten days following the date of a decision of the zoning board of appeals on a request for a determination as to a use not listed, the decision may be appealed to the village board by the applicant. The appeal shall state specifically where it is claimed there was an error or abuse of discretion by the zoning board of appeals or where its decision is not supported by the evidence in the record.

(g)

Determination by board of trustees. The determination of the board of trustees shall be rendered in writing within 60 days unless the applicant consents to an extension of the time period and shall include findings supporting the conclusion.

(Ord. of 3-2-2021, § 155.15.6)

(a)

Purpose. This chapter may be amended by changing the boundaries of any district, by changing any district regulation sign requirements, off-street parking or loading facilities requirement, general provision, exception, or other provision thereof in accordance with the procedure prescribed in this article.

(b)

Initiation.

(1)

A change in the boundaries of any district may be initiated by the village board of trustees or the owner or the authorized agent of the owner of the property filing an application for a change in district boundaries as prescribed in subsection (c) of this section. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

(2)

A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, sign requirement, exception, or other provision may be initiated by action of a property owner, property owners, the zoning board of appeals, or village board of trustees, provided that the procedures prescribed in subsections (c) through (f) of this section shall be followed.

(3)

A proposal for a change in district boundaries initiated by the village board and one initiated by a property owner for all or part of the same area may be considered simultaneously.

(c)

Application and fee.

(1)

Data to be furnished. A property owner or their designated agent desiring to propose a change in the boundaries of the district in which their property is located may file with the zoning administrator an application for a change in district boundaries on a form prescribed by the zoning board of appeals which shall include at least the following data:

a.

Name and address of the applicant;

b.

Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed; and

c.

Address or description of the property.

(2)

Map. The application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the location of streets and property lines.

(3)

Fee. The application shall be accompanied by a fee as established, and amended from time to time, by chapter 156, the fee schedule for the village.

(d)

Public hearing; notice. The zoning board of appeals shall hold at least one public hearing on each application for a change in district boundaries or for a change of a district regulation, off-street parking or loading facilities requirement, sign requirements, general provision, exception or other provision of this chapter within 45 days of the date when the application was filed. Notice of the public hearing shall be given not less than 15 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation in the village, and by posting on or adjacent to the property which is the subject of the application. Failure to post notice shall not invalidate the proceedings.

(e)

Public hearing; procedure. At the public hearing the zoning board of appeals shall review the application and may review pertinent evidence as to why or how the proposed change is consistent with the purpose and intent of this chapter and the village's comprehensive plan.

(f)

Action of zoning board.

(1)

Within 45 days following the public hearing, the zoning board of appeals shall make a specific finding as to whether the change is consistent with the purpose and intent of this chapter and the village's comprehensive plan. The zoning administrator shall transmit a report to the village board recommending that the application be granted, granted in modified form, or denied or that the proposal be adopted, adopted in modified form, or rejected, together with a copy of the application, resolution of the zoning board of appeals, or upon request of the board of trustees, the scale drawing of the site and the surrounding area and all other data filed therewith, together with the minutes of the public hearing, and the findings of the zoning board of appeals.

(2)

The concurring vote of four members of the zoning board of appeals shall be necessary to recommend the application for an amendment to this chapter to the village board.

(g)

Action of village board.

(1)

If the village board finds that the change is consistent with the purpose and intent of this chapter and the village's comprehensive plan, it shall enact an ordinance amending the map or regulation of this chapter, whichever is appropriate. If the village board finds that the change is not consistent, it shall deny the application.

(2)

An amendment shall be by a concurrence of a majority of all members then holding office on the village board, including the president.

(h)

New application. Following the denial of an application for a change in district boundaries, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.

(Ord. of 3-2-2021, § 155.15.7)

(a)

Public hearing; notice. The zoning board of appeals shall hold at least one public hearing on each application for a special use permit within 45 days of the date when the application was filed and found to be complete by the zoning administrator. Notice of the hearing shall be given not less than 15 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation in the village and by posting on or adjacent to the property which is the subject of the application. Failure to post notice shall not invalidate the proceedings.

(b)

Public hearing; procedure. At the public hearing the zoning board of appeals shall review the application and the drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in subsection (c) of this section.

(c)

Findings of fact.

(1)

The zoning board of appeals shall make and submit to the village board written findings of fact and a recommendation for the approval, approval with conditions, or denial of the special use permit.

(2)

For the zoning board of appeals to make an affirmative recommendation, on any special use permit, it shall find that all of the following facts are true:

a.

The proposed location of the special use and conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity;

b.

The establishment of the special use will not impede the normal or orderly development of the surrounding property for uses permitted in the district;

c.

Adequate utilities, access roads, drainage and/or necessary facilities have been, are being, or will be provided;

d.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion; and

e.

The proposed special use will, in all other respects, comply with each of the applicable provisions and regulations of the district in which it is located.

(d)

Action of zoning board of appeals.

(1)

The zoning board of appeals may recommend, and the village board may require any conditions or restrictions upon the construction, location, and operation of a special use as deemed necessary for the protection of the adjacent properties and for the protection of the public health, safety, and welfare. These conditions may include the expiration of the special use permit after a specified period of time.

(2)

The concurring vote of four members of the zoning board of appeals shall be necessary to recommend the application for a special use permit to the village board.

(3)

If the zoning board of appeals fails to act within 45 days of the public hearing, the special use shall be deemed approved by the zoning board of appeals. The zoning administrator shall forward the zoning board of appeals decision and records to the village board within ten days after action or within 55 days from the date of public hearing if no action has been taken by the zoning board of appeals.

(e)

Action of village board of trustees.

(1)

The village board may affirm, reverse, or modify a decision of the zoning board of appeals, provided that if a decision denying a special use permit is reversed or a decision granting a use permit is modified, the village board, on the basis of the record transmitted by the zoning administrator and any additional evidence as may be submitted, shall make the findings prerequisite to the granting of a special use permit prescribed in subsection (c) of this section. A special use permit shall become effective immediately after it is granted by resolution of the village board.

(2)

An application for a special use permit shall be by the concurrence of a majority of all members then holding office on the village board, including the president.

(f)

Lapse of special use permit.

(1)

A special use permit shall lapse and shall become void one year following the date on which the special use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the special use permit application, or a certificate of occupancy is issued for the structure which was the subject of the special use permit application, or the site is occupied if no building permit or certificate of occupancy is required.

(2)

A special use permit may be renewed for an additional period of one year, provided that prior to the expiration of one year from the date when the special use permit originally became effective, an application for renewal of the special use permit is filed with the zoning board of appeals.

(3)

The zoning board of appeals may grant or deny an application for renewal of a special use permit.

(4)

Subsections (a) through (d) of this section shall apply to an application for renewal of special use permit.

(g)

Existing special uses. A use established by a special use permit issued by the county prior to the enactment of this chapter shall be deemed nonconforming; however, it shall be permitted to continue, provided that the use is operated and conducted in accordance with the conditions prescribed in the special use permit as granted, if any. Any alterations, expansion, or restoration shall be thereafter governed by the provisions of this chapter.

(h)

Revocation. Upon violation of any applicable provisions of this chapter or, if granted subject to a condition, upon failure to comply with the conditions, a special use permit shall be suspended automatically. The zoning board of appeals shall hold a public hearing within 45 days, in accordance with the procedure prescribed in subsection (a) of this section, and if not satisfied that the regulation, general provision, or conditions is being complied with, may revoke the special use permit or to take any action as may be necessary to ensure compliance with the regulation, general provision, or condition. Within five days following the date of a decision of the zoning board of appeals revoking a special use permit, the zoning administrator shall transmit to the village board of trustees written notice of the decision. The decision shall become final ten days following the date on which the special use permit was revoked or on the day following the next meeting of the village board of trustees, whichever is later, unless an appeal has been taken to the village board of trustees or unless the village board of trustees shall elect to review the decision of the zoning board of appeals, in which cases subsection (e) of this section shall apply.

(i)

New application. Following the denial of a special use permit application or the revocation of a special use permit, no application for a special use permit for the same or substantially the same special use on the same or substantially same site shall be filed within one year from the date of denial or revocation of the special use permit.

(j)

Special use permit to run with the land. A special use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the special use permit application.

(k)

Special use allowing liquor establishments. A special use permit granted pursuant to the provisions of this chapter allowing liquor establishments, including, but not limited to, packaged liquor stores and taverns, is restricted to the special use permit for the particular class of license granted. In the event that the owners of those premises, or licensee seeks to change the classification of a license granted pursuant to a special use permit to a different class license than that granted pursuant to the special use permit, a new special use permit must be applied for as provided herein.

(Ord. of 3-2-2021, § 155.15.8)

(a)

Purposes and authorization.

(1)

The zoning board of appeals is empowered to recommend variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this chapter as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this chapter. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations, or traffic conditions in the immediate vicinity. A practical difficulty or unnecessary physical hardship shall neither include conditions which are created by the property owner or previous property owner nor the personal circumstances of the property owner.

(2)

Recommending the variance will not merely serve as a convenience to the applicant but is necessary to alleviate some unusual or unique physical limitation of the property such as but not limited to steep slopes or wetlands. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for recommending a variance.

(3)

The power to recommend variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the objectives of this chapter is provided by the special use provisions of this chapter.

(4)

The zoning board of appeals may recommend variances to the regulations prescribed by this chapter, in accordance with the procedure set forth herein, with respect to fences, walls, hedges, screening, and landscaping, site area, width, frontage, depth, and coverage, front, rear, and side yards, basic floor area, usable open space, height of structures, distances between structures, courts, signs, and off-street parking facilities and off-street loading facilities.

(b)

Application and fee.

(1)

Data to be furnished. Application for a variance shall be made to the zoning administrator on a form prescribed by the zoning board of appeals, which shall include at least the following data:

a.

Name and address of the applicant;

b.

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested;

c.

Address or description of the property; and

d.

Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the village zoning regulations that would result from a strict or literal interpretation and enforcement of a specified regulation of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a variance, prescribed in subsection (e) of this section.

(2)

Map.

a.

The application shall be accompanied by an accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street loading and off-street parking facilities, and landscaped areas.

b.

If required for a public hearing as prescribed in subsection (c) of this section, the application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.

c.

The zoning administrator may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the zoning board of appeals to determine whether the circumstances required for the granting of a variance exist.

(3)

Fee. The application shall be accompanied by a fee as established, and amended from time to time, by chapter 156, the fee schedule for the village.

(c)

Public hearing; notice. The zoning board of appeals shall hold a public hearing on an application for a variance. Notice of a public hearing shall be given not less than 15 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation within the village, and by posting on or adjacent to the property which is the subject of the application. Failure to post notice shall not invalidate the proceedings.

(d)

Public hearing; procedure. At a public hearing the zoning board of appeals shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed subsection (e) of this section.

(e)

Findings of fact.

(1)

The zoning board of appeals shall make a written findings of fact.

(2)

For the zoning board of appeals to make an affirmative decision on any proposed variation, it must find all of the following facts are true:

a.

Because of the particular physical surroundings, shape, or topographical conditions of a specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

b.

The conditions upon which a petition 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 district;

c.

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of 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 vicinity 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 of the public streets or increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the vicinity.

(f)

Action of the zoning board of appeals.

(1)

The zoning board of appeals shall recommend to the village board that an application for a variation be approved, approved with conditions, or denied.

(2)

The recommendation of the zoning board of appeals shall then be forwarded to the village board.

(3)

The concurring vote of four members of the zoning board of appeals shall be necessary to recommend any variation to this chapter to the village board.

(4)

Within five days following the date of a decision of the zoning board of appeals on a variation application, the zoning administrator shall transmit to the village board written notice of the recommendation.

(g)

Action of board of trustees.

(1)

The board of trustees may affirm, reverse, or modify a recommendation of the zoning board of appeals on a variance application, provided that if a decision granting a variance is modified, the board of trustees, on the basis of the record transmitted by the zoning administrator and any additional evidence as may be submitted, shall make findings of fact that establish that the circumstances required for the granting of a variance prescribed in subsection (e) of this section exist. A variation shall become effective immediately after it is granted by resolution of the village board.

(2)

Any proposed variation shall be by the concurrence of a majority of all members then holding office on the village board, including the president. Any proposed variation which fails to receive the approval of the zoning board of appeals shall not be except by the affirmative vote of two-third of all trustees of the village.

(h)

Lapse of variance.

(1)

A variance shall lapse and shall become void one year following the date on which the variance became effective unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required.

(2)

A variance may be renewed for an additional period of one year provided that prior to the expiration of one year from the date when the variance originally became effective, an application for renewal of the variance is made to the zoning board of appeals.

(3)

The zoning board of appeals may grant or deny an application for renewal of a variance.

(4)

Subsections (c) through (f) of this section shall apply to an application for renewal of a variance.

(i)

Revocation.

(1)

A variance granted subject to a condition or conditions shall be revoked by the zoning board of appeals if the condition or conditions are not complied with. The zoning board of appeals shall hold a public hearing within 45 days, in accordance with the procedure prescribed in subsection (c) of this section, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the variance or to take any action as may be necessary to ensure compliance with the regulation, general provision, or condition.

(2)

Within five days following the date of a decision of the zoning board of appeals revoking a variation, the zoning administrator shall transmit to the board of trustees written notice of the decision. The decision shall become final ten days following the date on which the variance was revoked or on the day following the next meeting of the board of trustees, whichever is later, unless an appeal has been taken to the board of trustees, or unless the board of trustees shall elect to review the decision of the zoning board of appeals, in which cases subsection (g) of this section shall apply.

(j)

New application. Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance.

(Ord. of 3-2-2021, § 155.15.9)

(a)

Applicability. A sign permit shall be required prior to the display, construction, erection, or alteration of a sign, and its structural components, on any property. All signs must comply with article XII of this chapter, and the applicable sections of the building code as adopted by the county. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted building and electrical codes.

(b)

Exemptions. Permit exceptions are listed in section 15-691(a).

(c)

Permanent sign permit application. An application for a permanent sign permit shall be submitted in a form established by the zoning administrator. The application shall contain the following information:

(1)

The name, address and telephone number of the applicant;

(2)

A site plan drawn to scale showing the location of the building, structure or lot to which the sign is to be attached or erected, and showing the position of the sign in relation to nearby buildings and thoroughfares;

(3)

A plan drawn to scale showing the design of the sign including, dimensions, materials used, and method of construction, and means of attachment to the building or the ground;

(4)

The name of the person, firm, corporation or association erecting, altering or relocating such sign;

(5)

Written consent of the owner of the land on which the sign is to be erected, altered or relocated; and

(6)

Any other information as the zoning administrator shall require in order to show full compliance with this and all other applicable ordinances of the village.

(d)

Temporary sign permit applications. An application for a temporary sign permit shall be submitted in a form established by the zoning administrator. The application shall contain all information required for a permanent sign permit application as detailed in subsection (c) of this section, except for subsection (c)(2) of this section.

(e)

Review and action. After a permanent or temporary sign permit application has been submitted, the zoning administrator shall review the application in accordance with all applicable regulations. The zoning administrator shall render an approval, approval with conditions, or denial of the application, in writing to the applicant. An approval shall only be rendered when the zoning administrator is satisfied that the proposed sign complies with all applicable provisions of this chapter and all other applicable codes. The zoning administrator may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into compliance with this chapter and all other applicable codes. Any notice of denial shall state the reason for denial.

(Ord. of 3-2-2021, § 155.15.10)

(a)

Applicability. A certificate of occupancy issued by the zoning administrator shall be required for any of the following:

(1)

Occupancy and use of a building thereafter erected or enlarged.

(2)

Change in use of an existing building.

(3)

Occupancy and use of vacant land.

(4)

Change in the use of land to a use of a different classification.

(5)

Any change in the use of a nonconforming use.

(b)

Initiation. Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building. The certificate shall be acted upon after a written request for the same has been made to the zoning administrator after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this chapter.

(c)

Temporary certificate. Pending the issuance of such a certificate, a temporary certificate may be issued by the zoning administrator for a period of not more than six months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be constructed in any way to alter the respective rights, duties or obligations of the owner or of the village relating to the use or occupancy of the land or building, or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

(d)

Change in use.

(1)

Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided shall be made to the zoning administrator.

(2)

If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefore shall be issued after the application for the same has been made.

(e)

Certificate requirements. Each certificate of occupancy shall state that the building or proposed use of the building or land complies with all provisions of this chapter.

(f)

Record of certificates of occupancy. A record of all certificates of occupancy shall be kept on file in the office of the zoning administrator and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected.

(Ord. of 3-2-2021, § 155.15.11)

(a)

Enforcing officer. The zoning administrator of the village shall be responsible for enforcing the village zoning regulations.

(b)

Restrictions on employees. No official or employee responsible for the enforcing of this chapter shall engage directly or indirectly in the construction industry or the building professions, or in any type of gainful employment or business that conflicts with official duties or the interests of the business incorporated in this chapter.

(c)

Types of violations. Violations of this chapter and of law will be subject to the remedies and penalties provided in this chapter, this Code, and state law. Violations of this chapter include, but are not limited to:

(1)

Work without required permits or approvals. It is a violation of this chapter to engage in any development, use, construction, remodeling or other activity of any nature without obtaining all the permits, approvals, certificates and other forms of authorization required by this chapter.

(2)

Work inconsistent with permit. It is a violation of this chapter to engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity.

(3)

Work inconsistent with conditions. It is a violation of this chapter to violate, by act or omission, any term, condition, or qualification imposed by a decision-making body upon a required permit, certificate, or other form of authorization.

(4)

Work inconsistent with chapter. It is a violation of this chapter to erect, construct, reconstruct, remodel, alter, maintain, move, or use any building or structure or to use any land in violation or contravention of any zoning, subdivision, or other regulation of this chapter, or any amendment thereof.

(5)

Making lots or setbacks nonconforming. It is a violation of this chapter to reduce or diminish any lot area so that the setbacks or open spaces are smaller than prescribed by this chapter, except in accordance with the procedural and substantive requirements of this chapter.

(6)

Increasing intensity of use. It is a violation of this chapter to increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this chapter.

(7)

Continuing violations. It is a violation of this chapter to continue any of the violations specified in this chapter. Each day that a violation continues shall be considered a separate offense.

(d)

Responsibility for violations. Each person having an ownership interest in land shall be responsible for any violations of this chapter existing upon such land, regardless of whether such person created the violation.

(e)

Remedies and enforcement powers. The village shall have the following remedies and enforcement powers:

(1)

Withhold permits.

a.

The village may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of this chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by a decision-making body.

b.

Instead of withholding or denying an authorization, the village may grant a permit when the work to be completed includes correction of the violation.

(2)

Revoke permits. A permit may be revoked when the zoning administrator determines that:

a.

There is departure from the plans, specifications, or conditions as required under terms of the permit;

b.

The plans, specifications, or conditions were obtained by false representation or was issued by mistake; or

c.

Any of the provisions of this chapter are being violated.

(3)

Stop-work. The village may stop-work on any building or structure on any land on which there is an uncorrected violation of this chapter or of a permit or other form of authorization issued hereunder.

(4)

Revoke plan or other approval. When a violation of this chapter involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the village board may, upon notice to the applicant and property owners, including any holders of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security or such other conditions as the village board may reasonably impose.

(5)

Injunctive relief. The village may seek an injunction or other equitable relief to stop any violation of this chapter or of a permit, certificate or other form of authorization granted hereunder.

(6)

Abatement. The village may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

(7)

Penalties. The penalty for a violation of this chapter shall be governed by the penalty provisions of this Code.

(8)

Other remedies; remedies cumulative. The village shall have such other remedies as are and as may be from time to time provided by state law and other village codes for the violation of zoning, subdivision or related chapter provisions. The remedies and enforcement powers established in this chapter are cumulative.

(f)

Enforcement procedures.

(1)

Non-emergency matters.

a.

In the case of violations of this chapter that do not constitute an emergency, the zoning administrator shall give notice of the nature of the violation to the property owner and to any other person who is party to the agreement and to any applicant for any relevant permit, after which the persons receiving notice shall have ten days, or such longer period as the zoning administrator allows, to correct the violation.

b.

If the violation is not corrected within the required timeframe, the zoning administrator and village prosecutor or village attorney shall use all penalties, remedies and enforcement powers available under this chapter.

c.

Notice must be given in-person, by United States mail, or by posting notice on the premises. Notices of violation must state the nature of the violation, the time period allowed for coming into compliance, the corrective steps necessary, the nature of subsequent penalties and enforcement actions should the situation not be corrected, and the appeal procedures for the notice of violation.

(2)

Emergency matters. In the case of violations of this chapter that constitute an emergency, the village shall use all remedies, penalties and enforcement powers available under this chapter without prior notice, but the zoning administrator must send notice simultaneously with beginning enforcement action to the property owner and to applicants for any relevant permit.

(g)

Other enforcement matters.

(1)

Other powers. In addition to the enforcement powers specified in this chapter, the village may exercise any and all enforcement powers granted to them by state law.

(2)

Continuation. Nothing in this chapter shall prohibit the continuation of previous enforcement actions undertaken by the village pursuant to previous and valid ordinances and laws.

(Ord. of 3-2-2021, § 155.15.12)