A.   Office Established: The Office of Building and Zoning Administrator of the Village is established. The Building and Zoning Administrator shall be the executive head of the office. With the consent of the Board of Trustees, the Administrator may appoint such other employees as he deems necessary to carry out the duties of his office. (1981 Code § 17.56.010)

   B.   Powers And Duties: The Building and Zoning Administrator is authorized and directed to administer and enforce the provisions of this title. This broad responsibility encompasses, but is not limited to, the following specific duties:

      1.   To review and pass upon applications for initial and final certificates of zoning compliance;

      2.   To inspect land, structures, and uses to determine compliance with this title, and where there are violations, to initiate appropriate corrective action;

      3.   To review and forward to the Zoning Board of Appeals all applications for variances and appeals;

      4.   To review and forward to the Village Planning Commission all applications for special use permits, temporary use permits, and amendments;

      5.   To maintain up to date records of this title including, but not limited to, district maps, certificates of zoning compliance, special use permits, temporary use permits, variances, interpretative decisions of the Board of Appeals, amendments, and all applications related to any of these matters;

      6.   To periodically review the provisions of this title to determine whether revisions are needed, and to make recommendations on these matters to the Planning Commission at least once yearly;

      7.   To annually publish copies of this title (including the district map), and any amendments thereto;

      8.   To provide information to the general public on matters related to this title; and

      9.   To perform such other duties as the Board of Trustees may from time to time prescribe. (1981 Code § 17.56.020)

   A.   Establishment And Appointment: The position of Zoning Hearing Officer is hereby established. The Zoning Hearing Officer shall be appointed by the Village President with the advice and consent of the Board of Trustees from individuals who have, at a minimum, a law degree from a nationally accredited law school and admittance to practice law in the State of Illinois.

   B.   Duties: The Zoning Hearing Officer shall preside over and shall have the following duties and primary jurisdiction over all the following matters, unless otherwise specifically directed in writing by the Village President:

      1.   Conducting all public hearings required to be held under 65 Illinois Compiled Statutes 5/11-13, including specifically in connection with applications for any special use, variation, amendment or other change or modification in any ordinance of the Municipality adopted pursuant to division 13 of 65 Illinois Compiled Statutes 5/11;

      2.   Hearing and deciding all appeals from any review of any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to division 13 of 65 Illinois Compiled Statutes 5/11;

      3.   Creating all administrative and procedural rules and procedures necessary to ensure the orderly and efficient operation of the Village's public hearings, including but not limited to: establishing the time, manner, and frequency for conducting the above referenced public hearings; generating or directing to the Village Clerk's Office the generation of the docket and all materials necessary to conduct the above referenced public hearings; referring matters back to the Zoning Administrator for further review; and all other matters and powers necessary and incidental to the position of Zoning Hearing Officer.

   C.   Pay And Term: The Zoning Hearing Officer shall be paid for his services the sum of four hundred dollars ($400.00) per zoning docket, and shall be appointed for a maximum term of four (4) years. (Ord. 1030, 8-6-2018)

   A.   Initial Certificate:

      1.   Required: Upon the effective date hereof, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated, or reconstructed until an initial certificate of zoning compliance has been issued. The Administrator shall not issue an initial certificate of zoning compliance unless, following consultation with technically qualified persons as necessary, he determines that the proposed work conforms to the applicable provisions of this title. (1981 Code § 17.60.010)

      2.   Application For Certificate: Every applicant for an initial certificate of zoning compliance shall submit to the Administrator, in graphic and/or narrative form, all the items of information listed below that are applicable to the particular project. The Administrator shall decide which items are applicable. The application shall show the following information:

         a.   Name and address of the applicant;

         b.   Name and address of the owner or operator of the proposed structure or use, if different from subsection A2a of this section;

         c.   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;

         d.   Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;

         e.   Area and dimensions of the site for the proposed structure or use;

         f.   Existing topography of the site (USGS 10 foot contour data is acceptable), and proposed finished grade;

         g.   Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

         h.   Height and setbacks of the proposed structure;

         i.   Number and size of proposed dwelling units, if any;

         j.   Location and number of proposed parking/loading spaces and accessways;

         k.   Identification and location of all existing or proposed utilities, whether public or private; and/or

         l.   Any other pertinent information that the administrator may require. (1981 Code § 17.60.020)

      3.   Duration Of Certificate; Renewals: Initial certificates of zoning compliance shall be valid for one year, or until revoked for failure to abide by a corrective action order. The administrator may renew initial certificates of zoning compliance for successive one year periods upon written request, provided the applicant is making a good faith effort to complete the authorized work. (1981 Code § 17.60.030)

      4.   Prerequisite To Issuance Of Building Permit: No building permit shall be issued by any representative of the village unless the applicant for such permit presents sufficient proof that the applicant is entitled to an initial certificate of zoning compliance. (Ord. 571, 4-2-1990)

   B.   Final Certificate: No lot or part thereof recorded or developed after the effective date hereof, and no structure or use or part thereof that has been erected, enlarged, altered, relocated, or reconstructed after the effective date hereof shall be used, occupied, or put into operation until a final certificate of zoning compliance has been issued. The administrator shall not issue a final certificate of zoning compliance until he has determined by inspection that the work authorized by the initial certificate of zoning compliance has been completed in accordance with approved plans. Failure to obtain a final certificate of zoning compliance shall constitute a separate violation of this title. (1981 Code § 17.60.050)

   A.   Definition; Explanation: A "variance" is a relaxation of the requirements of this title that are applicable to a particular lot or structure. A so called "use variance" (which would allow a use that is neither permitted nor special in the district in question) is not a variance; it is an amendment, and may be granted only as provided in section 10-3-4 of this chapter. (1981 Code § 17.88.010; amd. 2012 Code)

   B.   Application For Variance: Every application for a variance shall be filed with the administrator on a prescribed form. (Every variance application shall also be filed with the soil and water conservation district as per state law.) The administrator shall promptly transmit said application, together with any advice he might wish to offer, to the board of appeals. The application shall contain sufficient information to allow the board to make an informed decision, and shall include, at a minimum, the following:

      1.   Name and address of the applicant; (1981 Code § 17.88.020)

      2.   Location of the structure or lot for which the variance is sought;

      3.   Relationship of the structure or lot to existing structures or uses on adjacent lots; (1981 Code § 17.88.020; amd. 2012 Code)

      4.   Specific section(s) of this title containing the regulations which, if strictly applied, would cause a serious problem; and

      5.   Any other pertinent information that the administrator may require. (1981 Code § 17.88.020)

   C.   Public Hearing: The board of appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing and the nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

      1.   By first class mail to the applicant and to all parties whose property would be directly affected by the proposed variance; and

      2.   By publication in a newspaper of general circulation within the village. (1981 Code § 17.88.030)

   D.   Standards For Variances: The board of appeals shall not grant any variance unless, based upon the evidence presented to them, they determine that:

      1.   The proposed variance is consistent with the general purposes of this title; and

      2.   Strict application of the district requirements would result in great practical difficulties or hardship to the applicant and prevent a reasonable return on the property; and

      3.   The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property; and

      4.   The plight of the applicant is due to peculiar circumstances not of his own making; and

      5.   The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, a variance would be a more appropriate remedy than an amendment (rezoning); and

      6.   The variance, if granted, will not alter the essential character of the area where the premises in question is located nor materially frustrate implementation of the village comprehensive community plan. (1981 Code § 17.88.040)

   E.   Time For Decisions; Findings Of Fact: The board of appeals shall render a decision on every variance request within a reasonable time after the public hearing. In accordance with state law, the board of appeals shall specify the terms of relief granted (if any) in one statement and their findings of fact in another statement. The findings of fact shall clearly indicate the board's reasons for granting or denying any requested variance. (1981 Code § 17.88.050)

   A.   Authority:

      1.   The board of trustees may amend this title in accordance with state law 1

The zoning board of appeals of the village is established in accordance with Illinois law. (1981 Code § 17.80.010)

The board of appeals shall consist of seven (7) members, all of whom shall reside within the village. Each board member shall be appointed by the president, with the advice and consent of the board of trustees. One of the members so appointed shall be named as chair at the time of his appointment. Each board member shall receive for his services such compensation, if any, as is determined from time to time by the board of trustees. (1981 Code § 17.80.020)

   A.   Each board member shall hold office for five (5) years from the date of his appointment, and until his successor has been selected and qualified; provided, however, that the initial appointees to the board shall serve respectively for the following terms: one for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years.

   B.   With the advice and consent of the board of trustees, the president may remove any member of the board of appeals for cause, after a public hearing.

   C.   Vacancies on the board shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members. (1981 Code § 17.80.030)

   A.   Officers: One of the members of the board of appeals shall be named chair at the time of his or her appointment. The board may select such other officers as they deem necessary. (1981 Code § 17.80.040; amd. 2012 Code)

   B.   Meetings:

      1.   All meetings of the board of appeals shall be held at the call of the chair and at such times as the board may determine.

      2.   All board meetings shall be open to the public.

      3.   The board may adopt their own rules of meeting procedures consistent with this title and the applicable Illinois statutes.

      4.   The chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses.

   C.   Quorum; Affirmative Vote: Four (4) members of the board shall constitute a quorum, and the affirmative vote of at least four (4) members shall be necessary to authorize any board action. (1981 Code § 17.80.040)

   D.   Minutes And Records: The board shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, variance, order, or decision of the board shall be filed immediately in the board's office and shall be a public record. (1981 Code § 17.80.050)

   A.   Introduction; Permit Required: This title divides the village into various districts and permits in each district, as a matter of right, only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such "special uses" require careful case by case review and may be allowed only by permission of the board of trustees. (1981 Code § 17.72.010)

   B.   Application For Permit: Every applicant for a special use permit shall submit to the administrator, in narrative and/or graphic form, the items of information enumerated below. The administrator shall prepare an advisory report on every request for a special use permit. He shall promptly transmit the completed application and his advisory report to the planning commission. The application shall show the following information: (1981 Code § 17.72.020)

      1.   Name and address of the applicant;

      2.   Name and address of the owner or operator of the proposed special use, if different from subsection B1 of this section;

      3.   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;

      4.   Location of the proposed special use, and its relationship to existing adjacent uses;

      5.   Area and dimensions of the site for the proposed special use;

      6.   Existing topography of its site (USGS 10 foot contour data is acceptable), and proposed finished grade;

      7.   Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

      8.   Height and setbacks of the proposed special use; (1981 Code § 17.72.020; amd. 2012 Code)

      9.   Number and size of proposed dwelling units, if any;

      10.   Location and number of proposed parking/loading spaces and accessways;

      11.   Identification and location of all existing or proposed utilities, whether public or private; and/or

      12.   Any other pertinent information that the administrator may require. (1981 Code § 17.72.020)

   C.   Public Hearing: The zoning board of appeals shall hold a public hearing on every special use permit application within a reasonable time after the application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed special use shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

      1.   By first class mail to the applicant and to all parties whose property would be directly affected by the proposed special use; and

      2.   By publication in a newspaper of general circulation within the village.

   D.   Advisory Report; Factors Considered: Within a reasonable time after the public hearing, the zoning board of appeals shall submit their advisory report to the board of trustees. In deciding what their advice should be, the zoning board of appeals shall consider the following factors:

      1.   Whether the proposed design, location, and manner of operating of the proposed special use will adequately protect the public health, safety, and welfare, and the physical environment;

      2.   Whether the proposed special use is consistent with the village comprehensive community plan;

      3.   The effect the proposed special use would have on the value of neighboring property and on the village's overall tax base;

      4.   The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and

      5.   Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection. (Ord. 571, 4-2-1990)

   E.   Action By Board Of Trustees: The board of trustees shall act on every request for a special use permit at their next regularly scheduled meeting following submission of the zoning board of appeals advisory report. Without further public hearing, the board of trustees may grant a special use permit by an ordinance passed by simple majority vote of all members then holding office. In a separate statement accompanying any such ordinance, the board of trustees shall state their findings of fact and indicate their reasons for approving (with or without conditions) or denying the request for a special use permit. In addition, any proposed special use which fails to receive the approval of the zoning board of appeals shall not be approved by the board of trustees except by a favorable majority vote of all village trustees. (Ord. 571, 4-2-1990; amd. 2012 Code)

As set forth in section 10-4-3 of this title, requests for temporary use permits shall be treated in substantially the same manner as requests for special use permits. The board of trustees shall not initially issue any temporary use permit for a period longer than one year, but they may renew any such permit as they see fit. (1981 Code § 17.72.060)