A.   Office Created: The office of zoning commissioner is hereby created, and the zoning commissioner is designated as the officer of the village to be responsible for enforcing this title.

   B.   Powers And Duties: The zoning commissioner shall have the power and shall exercise the functions prescribed by state law and by the terms of all ordinances of the village now in force or hereafter passed relating to state law. (Ord. 78b, 7-1-1958)

   A.   Building Permit:

      1.   Permit Required: No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the zoning commissioner, stating that the building or structure and use of land comply with the regulations of this title and all building and health laws and ordinances of the state of Illinois and the village of Shannon.

      2.   Application For Permit: All applications for building permits shall be accompanied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and such other information as may be necessary to provide for enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the zoning commissioner.

   B.   Certificate Of Occupancy:

      1.   Certificate Required: No land shall be occupied or used nor shall any building hereafter erected or structurally altered be occupied or used in whole or in part for any purpose whatsoever nor shall a use be established or changed until a certificate of occupancy shall have been issued by the zoning commissioner, stating that the building and use of land comply with all the provisions of this title.

      2.   Application For Certificate: A certificate of occupancy shall be applied for coincident with the application for a building permit, and shall be issued within ten (10) days after the erection or alteration of a building shall have been completed. A record of all certificates shall be kept on file in the office of the zoning commissioner, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. (Ord. 78b, 7-1-1958; amd. 2011 Code)

   C.   Additional Requirements: No building permit shall be issued before the application has been made for a certificate of occupancy, and no building or premises may be occupied until such certificate shall have been issued. (Ord. 78b, 7-1-1958)

   A.   The board of trustees, by ordinance, may authorize variations from the provisions of this title where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the provisions of this title relating to the use, construction or alteration of buildings or structures or the use of land. However, no such variation shall be made by the board of trustees except in a specified case and after a public hearing before the board of appeals pursuant to a notice, and until a recommendation with findings of fact from the board of appeals has been received by the board of trustees.

   B.   The board of trustees, by ordinance, without further public hearing, may adopt any proposed variation or may refer it back to the board of appeals for further consideration; provided, however, that any proposed variation which fails to receive the approval of the board of appeals shall not be passed except by the favorable vote of two-thirds (2/3) of all the trustees of the village.

   C.   Every variation made by the board of trustees shall be accompanied by findings of fact specifying the reason or reasons for making the variation.

   D.    Each applicant for a hearing before the zoning board of appeals shall pay a nonrefundable filing fee of two hundred dollars ($200.00) plus the cost of publication of public hearing notice required herein. In the event costs associated with the request exceed two hundred dollars ($200.00), the applicant shall pay the difference prior to the hearing date. (Ord. 78b, 7-1-1958; amd. Ord. 363, 2-4-2014; Ord. 419, 5-2-2023)

   A.   Required: No use classified under "use by special permit" in this title shall be undertaken without first obtaining a special use permit from the village after compliance with this section.

   B.   Procedure:

      1.   The property owner shall meet with the zoning officer to explain the situation and obtain an application form.

      2.   The applicant shall file the completed application with the zoning officer which includes at least the following exhibits:

         a.   Boundary survey or plot plan showing in detail any modifications proposed to be made to the property; the location on the property where the special use will be conducted; the location of any signage.

         b.   A statement of the proposed activity detailing the nature of the proposed special use; the number of persons to be employed in such activity on the premises; the proposed hours of operation.

         c.   Each applicant for a special use permit shall pay a nonrefundable filling fee of two hundred dollars ($200.00) plus the cost of publication of public hearing notice required herein. In the event costs associated with the request exceed two hundred dollars ($200.00), the applicant shall pay the difference prior to the hearing date.

         d.   Any other information the zoning officer deems necessary.

      3.   The zoning officer shall transmit the completed application together with all required exhibits to the planning commission.

      4.   The zoning officer shall cause a public hearing before the planning commission to be scheduled and notice to be published as provided in section 10-2-5 of this chapter.

   C.   Hearing:

      1.   The planning commission shall hold a public hearing and shall study the application and consider the testimony of any witnesses to determine if there are any possible adverse effects of the proposed special use and to determine if any additional requirements should be imposed to avoid such adverse effects and that the standards in subsection D of this section have been demonstrated.

      2.   The planning commission shall recommend one of three (3) actions: approval, denial, or approval with conditions.

      3.   The planning commission shall transmit its recommendation to the village board of trustees for its official action.

   D.   Standards For Granting Permits:

      1.   The granting of the special use permit will not be 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 a purpose already permitted, and will not substantially diminish and impair property values within the neighborhood.

      3.   The special use permit will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

      4.   Adequate utilities, drainage, access, off street parking and other adequate facilities have been or will be provided to minimize congestion in the public streets.

      5.   The special use shall in all other respects comply with the applicable regulations of the district in which it is located.

      6.   The planning commission may recommend and the village board may require any such conditions and restrictions upon the establishment, location, construction, signage, maintenance and operation of the special use as deemed necessary for the protection of the public interest.

   E.   Limitation, Expiration Or Revocation Of Permits:

      1.   A special use permit shall be deemed to authorize only the specific use for which it was granted.

      2.   A special use permit shall be null and void without further action of the planning commission or village board if the use does not commence within one year of the issuance of the special use permit.

      3.   A special use permit shall expire without further action of the planning commission or village board if that use ceases for more than six (6) consecutive months.

      4.   A special use permit is not transferable, assignable and does not run with the land.

      5.    A special use permit may be revoked or have additional conditions imposed by the village board for violations of the terms of the special use permit or any other provision of this code after notice of violation to the special use permit holder and public hearing before the village board. (Ord. 363, 2-4-2014; amd. Ord. 419, 5-2-2023)

   A.   Authority To Initiate Appeals: An appeal may be taken from the zoning commissioner by any person aggrieved or by an officer, department, board or bureau of the village.

   B.   Notice Of Appeal: The appeal shall be taken within forty five (45) days of the action complained of by filing with the zoning commissioner and with the board of appeals, a notice of appeal, specifying the grounds thereof. The zoning commissioner shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

   C.   Stay Of Proceedings: An appeal stays all proceedings and furtherance of the action appealed from, unless the zoning commissioner 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 opinion cause imminent peril to life or property, in which case, the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of appeals or by a circuit court on application, on notice to the zoning commissioner and on due cause shown.

   D.    Hearing:

   1. The board of appeals shall fix a reasonable time for the hearing of an appeal and give due notice thereof to the parties who will be affected by a decision on the same, within a reasonable time.

   2. Upon the hearing, any party may appear in person or by agent or by attorney.

   3. Each applicant for a hearing before the zoning board of appeals shall pay a nonrefundable filing fee of two hundred dollars ($200.00) plus the cost of publication of public hearing notice required herein. In the event costs associated with the request exceed two hundred dollars ($200.00), the applicant shall pay the difference prior to the hearing date.

   E.    Decisions: The board of appeals may reverse or confirm, wholly or partly, or may modify the order, requirement, decision or determination as, in its opinion, ought to be made in the premises and, to that end, shall have all the powers of the zoning commissioner. (Ord. 78b, 7-1-1958; amd. 2011 Code; Ord. 363, 2-4-2014; Ord. 419, 5-2-2023)

Decisions and recommendations of the board of appeals shall be reached only after a public hearing and after notice has been given by registered mail to the applicant. In addition, notice of the time and place of such public hearing shall be published in a newspaper of general circulation in the village not less than fifteen (15) days nor more than thirty (30) days prior to the hearing. Such notice shall also contain the address or location of the property for which a hearing by the board is sought, as well as a brief description of the nature of the application. (Ord. 78b, 7-1-1958; amd. 2011 Code)

All final administrative decisions from the board of appeals under this title shall be subject to judicial review pursuant to the provisions of the administrative review law of the state of Illinois, and all amendments and modifications thereto and the rules adopted pursuant thereto. (Ord. 78b, 7-1-1958)

The regulations imposed in the districts created under this title may be amended by ordinance. No such amendments shall be made without public notice and without a public hearing before the planning commission. Not less than fifteen (15) days' and not more than thirty (30) days' notice of the time and place of such hearing shall be published at least once in a newspaper of general circulation in the village, said notice to contain the particular location for which the amendment is requested as well as a brief statement describing the proposed amendment. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by owners of twenty percent (20%) of the frontage property to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all the trustees of the village. In such cases, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of the applicant and attorney shown in the application for the proposed amendment.

   A.   Each applicant for a hearing before the planning commission shall pay a nonrefundable filing fee of two hundred dollars ($200.00) plus the cost of publication of public hearing notice required herein. In the event costs associated with the request exceed two hundred dollars ($200.00), the applicant shall pay the difference prior to the hearing date. (Ord. 78b, 7-1-1958; amd. 2011 Code; Ord. 363, 2-4-2014; Ord. 419, 5-2-2023)

   A.   Any person, firm or corporation who violates, disobeys, omits and neglects, or refuses to comply with, or resists the enforcement of any of the provisions of this title shall, upon conviction, be fined not to exceed five hundred dollars ($500.00). Each day that a violation is permitted to exist shall constitute a separate offense.

   B.   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this title, the proper authorities of the village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. (Ord. 167, 8-5-1980)

A board of appeals is hereby authorized to be established. The word "board", when used in this article shall be construed to mean the board of appeals. The board shall consist of three (3) members appointed by the village president and confirmed by the village board of trustees. (Ord. 78b, 7-1-1958; amd. Ord. 419, 5-2-2023)

The members of the board shall serve respectively for the following terms: one (1) for one (1) year, one (1) for two (2) years and one (1) for three (3) years. The successor to each member appointed shall serve for a term of three (3) years. (Ord. 78b, 7-1-1958; amd. Ord. 419, 5-2-2023)

The village president shall have power to remove any member of the board for cause and after public hearing. Vacancies upon the board shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member. (Ord. 78b, 7-1-1958)

   A.   Officers:

      1.   Chair: One of the members of the board shall be, by the president of the village board, designated as chair of said board and shall hold his office as chair until his successor is appointed. Such chair, or in his absence, the acting chair, may administer oaths and compel the attendance of witnesses.

      2.   Secretary: The board shall also select one of its members as secretary to keep minutes and maintain the records of the board. (Ord. 78b, 7-1-1958)

   B.   Meetings: All meetings of the board of appeals shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep the minutes of the proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. No hearing shall be conducted without a quorum of the board being present. A quorum shall consist of a majority of all members. Any absent member who certifies that he or she has read the transcript of the proceedings before the board may vote upon any question before the board. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the board and shall be a public record. (Ord. 78b, 7-1-1958; amd. 2011 Code)

   C.   Rules Of Procedure: The board shall adopt its own rules of procedure not in conflict with the statutes in such case made and provided. (Ord. 78b, 7-1-1958)

All members of the board shall serve without compensation. (Ord. 78b, 7-1-1958)

   A.   The board of appeals shall hear and decide appeals from and review any order, requirement, decision, or determination made by the zoning commissioner. The board of appeals shall also hear all applications for variations to the provisions of this title and shall submit to the board of trustees its recommendations.

   B.   The concurring vote of two (2) of the members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning commissioner, or to decide in favor of the applicant, any matter upon which it is required to pass under this title, or to recommend any variation, special use or modification under this title. Every such recommendation by the board after a hearing shall be accompanied by findings of fact, specifying the reason for such decision.

   C.    In making recommendations to the board of trustees, the board of appeals shall find that a proposed variation will not contaminate the air, nor impair the light supply to adjacent property, increase the congestion in the public streets, increase the danger of fire, impair or diminish property values or be contrary to the general health, safety and welfare of the people of the village. (Ord. 78b, 7-1-1958; amd. 2011 Code; Ord. 419, 5-2-2023)