The administration of this title is hereby vested in the zoning enforcement officer of the village and in the zoning board of appeals. (1984 Code § 5-10)

   A.   Created; Appointment; Term: There is hereby created the office of the zoning enforcement officer. The zoning enforcement officer shall be appointed by the village president with the advice and consent of the village board for a term of one year.

   B.   Duties: The zoning enforcement officer or his duly authorized representative shall enforce this title. In the performance of his duties, he shall:

      1.   Examine and approve applications that conform with this title and issue building permits and zoning certificates of compliance for all uses of land, buildings, and structures when the application conforms with the provisions of this title.

      2.   Determine lot, bulk, and parking requirements in specific instances.

      3.   For industrial districts, receive certificates indicating compliance with the performance standards for the I-1 or I-2 district from an engineer registered with the state or scientific testing laboratory, approved by the village board.

      4.   Keep records of and pertaining to this title including:

         a.   All maps, amendments, conditional uses, variations, appeals, and other pertinent data.

         b.   All uses and structures which do not conform with the regulations of each district.

      5.   Conduct inspections of buildings, structures, and uses of the land to determine compliance with this title.

      6.   Receive, file and forward to the zoning board of appeals all petitions for amendments, variances, conditional permitted uses and appeals which are filed in the office of the zoning enforcement officer. All petitions shall have attached a location map illustrating the shape and dimensions of the property in question and a list of contiguous property owners and their addresses including owners across streets and alleys.

      7.   Provide clerical technical assistance as may be required by this title and the zoning board of appeals in the exercise of its duties. Interested parties may copy records at their own expense.

      8.   File reports with the village president relative to findings of the zoning enforcement officer on all reports of zoning violations made to him by a citizen or a village official.

      9.   Provide and maintain a public information bureau relative to all matters arising out of this title and post all public notices called for in this title. (1984 Code § 5-10-1)

   A.   Permit Required; Exemption: It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings and swimming pools, or to commence the moving or major structural change of any buildings, including accessory buildings, until the zoning enforcement officer has issued a building permit for such work. (1984 Code § 5-10-2; amd. 2010 Code)

   B.   Application For Permit:

      1.   In applying to the zoning enforcement officer for a building permit, the applicant shall submit a dimensioned sketch or scale plan indicating the shape, size, height and location of all buildings to be erected, changed structurally, or moved, and of any building already on the lot. He shall also state the existing and intended use of all such buildings and supply such other information as may be required by the zoning enforcement officer for determining whether the provisions of this title are being observed. (1984 Code § 5-10-2)

      2.   All plans submitted in connection with a building permit application for a multi-family dwelling structure of more than two (2) units or a commercial structure shall be affixed with the seal of an architect licensed by the state of Illinois, and no building permit shall be approved by the zoning enforcement officer unless the application for a building permit is accompanied by plans bearing the seal of a licensed architect where the application pertains to the construction or improvement of multiple-family dwellings in excess of two (2) units or commercial structures. (Ord. 1995-3, 1-17-1995; amd. 2010 Code)

   C.   Issuance Or Denial Of Permit: If the proposed excavation or construction as set forth in the application is in conformity with the provisions of this title and other ordinances of the village, the zoning enforcement officer shall issue a building permit for such excavation or construction. If a building permit is refused, the zoning enforcement officer shall state, in writing, with cause, and shall immediately forward such notice or refusal to the applicant. The zoning enforcement officer shall grant or deny the permit within ten (10) days from the date the application is submitted. The issuance of a building permit shall in no case be construed as waiving any provisions of this title.

   D.   Expiration Of Permit: A building permit shall become void unless:

      1.   For residential construction, the exterior is completed within six (6) months and totally completed within two (2) years.

      2.   Commercial construction is completed within two (2) years. (1984 Code § 5-10-2)

   E.   Display Of Permit: Any person or entity issued a building permit by the village pursuant to the terms of this section shall display such permit upon the premises so it is visible from the street adjoining the front of the property for which the permit has been issued, and shall maintain such posting until construction is fully completed. (Ord. 1990-6, 4-3-1990)

   F.   In the event construction does not comply with the terms of the building permit issued hereunder, or in violation of Village Code, both the owner and if applicable general contractor shall be responsible for the payment of a fine in the amount of two thousand five hundred dollars ($2500.00), payable to the Village. Any fine under this section must be paid prior to the issuance of a certificate of occupancy. (Ord. 2020-03, 2-18-2020)

   A.   Certificate Required: No land or building or part thereof hereafter erected or changed in its use or structure shall be used until the zoning enforcement officer shall have issued a certificate of compliance indicating that such land, building or part thereof, and the proposed use thereof, are found to be in conformity with the provisions of this title.

   B.   Inspection And Issuance Or Denial Of Certificate: Within three (3) days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the zoning enforcement officer to make a final inspection thereof and to issue a certificate of compliance if the land, building or part thereof and the proposed use thereof are found to conform with the provisions of this title; or if such certificate is refused, to state the refusal in writing, with the cause, and immediately forward such notice of refusal to the applicant. No certificate of compliance shall be issued until the zoning enforcement officer has determined that the land, building or part thereof and the proposed use are in full compliance with all rules and regulations of the state department of public health and the village relating to sewage, sanitary facilities and septic tank requirements. (1984 Code § 5-10-3)

   A.   Authority: The village board shall decide variations from the provisions of this title in harmony with the general purpose and intent of this title and shall verify them only in the specific instances hereinafter set forth where the zoning board of appeals shall have made findings of fact based upon the standards hereinafter prescribed that there are practical difficulties or a particular hardship in the way of carrying out the strict letter of the regulations of this title. 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 members of the village board.

   B.   Initiation: A petition for a variation may be filed by any interested property owner or contract purchaser. In cases where a contract purchaser is the petitioner, the contract purchaser shall provide a letter from the owner which states that the owner is aware of the petition and the request(s) contained therein, that the petitioner is indeed a contract purchaser and that the owner approves the action. Such petitions for a variation shall be filed in writing and shall contain such information as the zoning board of appeals may require by rule.

   C.   Processing: A petition for a variation shall be filed with the zoning enforcement officer. The zoning enforcement officer shall forward such petition to the board of appeals within ten (10) days. The petition shall include a list of adjacent property owners, including owners across the street and across the alley, as well as their mailing address(es). A map shall also be submitted which shows the boundaries of the property, the location of existing and/or proposed structures in relation to property lines, and adjacent land uses.

   D.   Hearing: No variation shall be made by the village board except after a public hearing before the zoning board of appeals of which there shall be a notice of time and place of hearing published at least once, not more than thirty (30) nor less than fifteen (15) days, before the hearing, in one or more newspapers with a general circulation within the village.

   E.   Standards For And Conditions Of Variations:

      1.   The zoning board of appeals shall not recommend to the village board that the regulations of this title be varied as authorized in subsection A of this section unless it shall make findings of fact based upon the evidence presented to it in each specific case:

         a.   That the property in question cannot be economically used or cannot yield a reasonable return if permitted to be used only for the conditions allowed by the regulations;

         b.   That the plight of the owner is due to circumstances unique to the property and not generally applicable to other property in the area; and

         c.   That the variation, if granted, will not alter the essential character of the locality, impair an adequate supply of light and air to adjacent property, increase the congestion of traffic, or diminish or impair property values in the locality.

      2.   The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards of this subsection.

   F.   Authorized Variations: Variations from the regulations established in this title shall be recommended to the village board by the zoning board of appeals only in accordance with standards established in subsection E of this section and in the following instances as examples:

      1.   To permit a height greater than allowed;

      2.   To permit a yard less than the yard required by the applicable regulation;

      3.   To permit the use of any lot located in a residence district having insufficient area and width for a single-family dwelling, provided such lot is of record on the effective date hereof;

      4.   To permit the use of any lot not covered above, or a use otherwise prohibited solely because of insufficient area of the lot;

      5.   To permit the same off street parking spaces to qualify as required spaces for two (2) or more uses; provided, that the maximum use of such facility by each user does not take place during the same hours of the same days of the week;

      6.   To increase by not more than twenty percent (20%) the gross area of any sign; and

      7.   To reduce the applicable off street parking or loading requirements. (1984 Code § 5-10-6)

   A.   Authority: The village board may from time to time, in the interest of promoting the public health, safety, morals, comfort, and general welfare, conserving the values of property throughout the village, avoiding or lessening congestion throughout the village, and avoiding or lessening congestion in the public streets and highways, amend the regulations and the districts created in the manner set forth in this section.

   B.   Initiation: A petition for an amendment may be filed by an interested property owner, contract purchaser or, in the case of text amendments or general map amendments, village board members. In cases where a contract purchaser is the petitioner, the contract purchaser shall provide a letter from the owner which states that the owner is aware of the petition and the request(s) contained therein, that the petitioner is indeed a contract purchaser, and that the owner approves of the action. Such petitions for amendments shall be filed in writing and shall contain such information as the zoning board of appeals may require by rule.

   C.   Processing: A petition for an amendment shall be filed with the zoning enforcement officer. The zoning enforcement officer shall forward such petition to the board of appeals within ten (10) days. The petition shall include a list of adjacent property owners, including owners across the street and across the alley, as well as their mailing addresses. A map shall also be submitted which shows the boundaries of the property, the location of existing and/or proposed structures in relation to lot lines and adjacent land uses.

   D.   Hearing: No amendment shall be granted by the village board except after a public hearing before the zoning board of appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the village.

   E.   Findings Of Fact And Recommendations Of Zoning Board Of Appeals:

      1.   Within thirty (30) days after the close of the hearing on a proposed amendment, the zoning board of appeals shall make written findings of fact and shall submit the same, together with its recommendations, to the village board. If the proposed amendment is to change the zoning classification of a particular property, the zoning board of appeals shall make findings based upon evidence presented to it in each specific case with respect to the following matters:

         a.   Existing uses of property within the general vicinity of the property in question.

         b.   The zoning classification of property within the general area of the property in question.

         c.   The suitability of the property in question for the uses permitted under the existing zoning classification.

         d.   The trend of development within the vicinity since the property was originally classified.

      2.   The zoning board of appeals shall only recommend the adoption of a proposed amendment when it finds that the public interest will be served in addition to the interest of the applicant.

   F.   Action By Board Of Trustees:

      1.   The village board shall act on a proposed amendment only when it has received a written report and recommendation from the zoning board of appeals on the proposed amendment.

      2.   After any application for an amendment has been acted upon by the village board, another application requesting the same relief shall not be accepted or considered by the village board for a period of six (6) months after such action, unless the application shows that there has been a substantial change in circumstances, as determined by the zoning board of appeals, since such action.

      3.   In case of written protest filed with the village clerk against any proposed amendment, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed 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, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all members of the village board. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such application for the proposed amendment. In order to perfect its protest, the protestor(s) shall file the protest with the zoning enforcement officer at least twenty four (24) hours before the village board meeting. (1984 Code § 5-10-7)

   A.   Any petition filed pursuant to the provisions of this chapter for any amendment to this title or for any variance from the requirements of this title shall contain the following:

      1.   The identity of all owners and contract purchasers of the property in question including the owners of the beneficial interest in any land trust which is the holder of legal title to the property which is the subject of the petition.

      2.   An accurate description of the real estate which is the subject matter of the relief sought in the petition.

      3.   A statement setting forth the present zoning of the property in question under this title or, in the case of property to be annexed to the village, the present zoning classification under the zoning ordinance of Sangamon County.

      4.   A brief, complete and accurate statement of the relief sought by the petitioners, setting forth the zoning reclassification sought by the petitioners, if any, and the precise sections of this title to be varied, if any.

      5.   A brief, clear and accurate statement of the petitioner's present and proposed use of the premises in the event the rezoning or variance relief requested is granted.

      6.   The common address of the property in question by number and street or, if number and street are not available, by other accurate designation.

      7.   A statement that the petitioners have read the contents of the petition and that the contents are true and correct.

   B.   The petition may be signed by the petitioners or by their attorney of record, and the attorney of record shall include his address and telephone number after the body of the petition. (Ord. 1990-7, 4-3-1990)

   A.   Variations; Amendments; Conditional Permitted Uses; Appeals: Any application for variation shall be accompanied by a fee of one hundred fifty dollars ($150.00). An application for an amendment or conditional permitted use for all uses of land or buildings shall be accompanied by a fee of two hundred dollars ($200.00). Appeals shall be accompanied by a fee of seventy five dollars ($75.00). Each applicant shall be responsible for the payment of the legal publication. These filing fees are nonrefundable. (1984 Code § 5-10-9)

   B.   Building Permit:

      1.   Application for a building permit shall be accompanied by an inspection and registration fee of five hundred dollars ($500.00), plus a fee of twenty dollars ($20.00) for each one hundred (100) square feet, or portion thereof, of improvements up to two thousand (2,000) square feet, plus an additional five dollars ($5.00) for each one hundred (100) square feet, or portion thereof, of improvements beyond two thousand (2,000) square feet. The registration and inspection fee of five hundred dollars ($500.00) does not apply to additions to or alterations of existing structures. In no case shall the minimum fee for a building permit be less than seventy five dollars ($75.00). In calculating the area subject to the permit fee, any attached garage area shall be excluded. Any unattached garage or storage area constructed at the time of obtaining the original permit shall not be included in the calculation for determining the cost of a permit. Any attached garage, unattached garage or storage area constructed after obtaining the original permit shall be governed by subsections B2 and B3 of this section. (Ord. 1998-13, 7-21-1998; amd. Ord. 2009-26, 8-18-2009; 2010 Code)

      2.   Whenever any porch, deck, fence, exterior stairway, unattached storage shed of less than five hundred (500) square feet, swimming pool or other improvement not already covered by subsection B1 of this section is constructed within any front, rear or side yard, a building permit must be obtained by the owner and an inspection conducted. The cost of such permit under this subsection B2 shall be fifty dollars ($50.00).

      3.   The permit charge for a barn, warehouse or storage facility of over five hundred (500) square feet shall be seventy five dollars ($75.00). If any portion of a barn, warehouse or storage facility is used for office, business or residential purposes, the provisions of subsection B1 of this section shall apply. (Ord. 1998-13, 7-21-1998; amd. 2010 Code)

      4.   No fee will be charged in the case of a tax exempt organization requesting a building permit for real estate which is also tax exempt; provided, however, that the application for said building permit must be prepared and filed in accordance with the requirements of the ordinances of the village in all other respects. (Ord. 1998-13, 7-21-1998)

      5.   In the event construction of any structure is commenced prior to application being made to the zoning enforcement officer for a building permit, the fee for the building permit shall be doubled. (1984 Code § 5-11-2)

   C.   Large Scale Developments: There shall be a one hundred dollar ($100.00) filing fee for large scale developments. (2010 Code)

   A.   Authority: The zoning board of appeals shall hear and decide appeals from any administrative order, requirement, decision or determination made by the zoning enforcement officer or other authorized officials of the village relating to regulations of this title. (1984 Code § 5-10-5)

   B.   Initiation: An appeal to the zoning board of appeals may be taken by any person aggrieved or by any officer of the village based in whole or in part upon the provisions of this title. The appeal shall be filed in the office of the zoning enforcement officer within forty five (45) days of the action being appealed. The appeal shall be taken by the zoning enforcement officer to the zoning board of appeals within thirty (30) days. The appeal shall be in writing specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the documents constituting the record upon which the appeal action is taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the action is taken certifies to the board of appeals, after the notice of appeal has been filed with him, that, by reason of facts stated in the written appeal, a stay would, in his opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on the application and on notice to the officer from whom the appeal is taken, and due cause shown. (1984 Code § 5-10-5; amd. 2010 Code)

   C.   Processing:

      1.   The board of appeals shall fix a reasonable time for said hearing and give notice thereof to parties and shall decide the appeal within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.

      2.   The zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made on the premises, and to that end has all powers of the officer from whom the appeal is taken.

   D.   Decisions: All decisions, after the zoning board of appeals' hearing on appeals from an administrative order, requirement, decision or determination of the zoning enforcement officer or other authorized officials of the village board, shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable statutes of the state of Illinois. (1984 Code § 5-10-5)

   A.   The zoning enforcement officer shall have the power to make such orders, requirements, decisions, and determinations as are necessary to enforce this title.

   B.   In case any building or structure is erected, constructed, reconstructed, enlarged, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title within the corporate limits of the village, the proper authorities of the village, in addition to other remedies, may institute any appropriate legal action or proceedings to prevent such unlawful erection, alteration, repair, conversion, maintenance or use to restrain, correct or abate such variation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises so located within the corporate limits. (1984 Code § 5-11-1)

   C.   The zoning enforcement officer, village official or persons under their supervision shall conduct investigations to determine compliance or noncompliance with the provisions of this title. In the performance of such investigation, the zoning enforcement officer, village official or authorized representatives may enter into and upon and cause any land or structure to be inspected and examined at all reasonable times of the day or night. Inspections shall be conducted after notifying the owners of the property; except, that when the owner is not available, the zoning enforcement officer, village official or their representatives may inspect the land and the exterior of any structures. (1984 Code § 5-11-1; amd. 2010 Code)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title shall be fined not more than fifty dollars ($50.00) for each offense. A separate offense shall be deemed committed for each day of noncompliance. (1984 Code § 5-11-2)

A board of appeals is hereby authorized in accordance with 65 Illinois Compiled Statutes 5/11-13-3. The board of appeals shall consist of seven (7) members to be appointed by the president and board of trustees. The members of the board of appeals shall serve as follows: for the initial appointments, 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. The successor to each member so appointed shall serve for five (5) years. One of the members so appointed shall be named chair at the time of his appointment. The appointing authority has the power to remove any member of the board for cause and after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. (1984 Code § 5-10-4; amd. 2010 Code)

   A.   Generally: 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.

   B.   Public Meetings: All meetings of the board shall be open to the public. (1984 Code § 5-10-4)

   C.   Minutes And Records: The board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall keep record of its examinations and other official actions. All board of appeals actions shall be a matter of public record.

   D.   Quorum: No hearing shall be conducted without a quorum of the board being present. Four (4) members of the board shall constitute a quorum. The concurring vote of four (4) members is necessary to take action on matters that come before the board of appeals. (1984 Code § 5-10-4; amd. 2010 Code)

The zoning board of appeals is hereby invested with the following jurisdiction and authority, as granted by the statutes of the state and this title:

   A.   To hear and decide appeals from any order, requirement, decision or determination made by the zoning enforcement officer under this title.

   B.   To hear and submit findings and recommendations to the village board on applications for variations from the terms provided in this title in the manner prescribed by, and subject to, the standards established herein.

   C.   To hear or submit findings and recommendations to the village board on a proposed amendment in the manner prescribed herein.

   D.   To hear and submit findings and recommendations to the village board on proposed conditional permitted uses in the manner prescribed herein.

   E.   To hear and submit findings and recommendations on the extension of a zoning district where the boundary line of a district divides a lot or parcel held in single ownership at the effective date hereof.

   F.   To grant continuances of public hearings where there is a showing of good cause as to why a delay is necessary.

   G.   To hear and decide all matters referred to it or upon which it is required to pass under this title. (1984 Code § 5-10-4)

The execution of this title is based upon the division of the affected area of the village into zoning districts within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses of the land which, because of their unique character, cannot be properly classified in any particular zoning district or districts without consideration, in each case, of the impact of those uses upon neighboring lands, and upon the public need for the particular use or the particular location. These special uses, termed "conditional permitted uses" in this title, fall into two (2) categories:

   A.   Uses operated by a public agency or public regulated utilities, or uses traditionally affected with a public interest.

   B.   Uses entirely private in character, but of such nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. (1984 Code § 5-10-8)

Conditional permitted uses shall be authorized by the village board; provided, that no application for a conditional permitted use shall be acted upon by the board until after the public hearing has been held by the zoning board of appeals, after due notice by publication as required herein, and its report of findings and recommendations has been transmitted to the village board. (1984 Code § 5-10-8)

A petition for a conditional permitted use may be filed by any interested property owner or contract purchaser. In cases where a contract purchaser is the petitioner, the contract purchaser shall provide a letter from the owner which states that the owner is aware of the petition and the request(s) contained therein, that the petitioner is indeed a contract purchaser, and that the owner approves the action. Such petition for a variation shall be filed in writing and shall contain information as the zoning board of appeals may require by rule. (1984 Code § 5-10-8)

A petition for a conditional permitted use shall be filed with the zoning enforcement officer. The zoning enforcement officer shall forward such petition to the zoning board of appeals within ten (10) days. The petition shall include a list of adjacent property owners, including owners across the street and across the alley as well as their mailing address(es). A map shall also be submitted which shows the boundaries of the property, the location of existing and/or proposed structures in relation to property lines and adjacent land uses. (1984 Code § 5-10-8)

No conditional permitted use shall be granted by the village board except after a public hearing before the zoning board of appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the village. (1984 Code § 5-10-8)

No conditional permitted uses shall be granted by the village board unless the conditional permitted use:

   A.   Is so proposed that the proposed location, design and method of operation of such use will minimize the adjacent effects on the character of the surrounding area.

   B.   Is so proposed to be operated, designed and located so that the public health, safety, and welfare will be protected.

   C.   Will not cause substantial injury to the value of other property in the vicinity in which it is located. (1984 Code § 5-10-8)

The zoning board of appeals may recommend and the village board may provide such restrictions upon the location, construction, and operation of a conditional permitted use, including, but not limited to, provisions for off street parking and loading, as may be deemed necessary to promote the general objectives of this title and to minimize the injury to the value of property in the vicinity. (1984 Code § 5-10-8)

Any proposed conditional permitted use which fails to receive the approval of the zoning board of appeals shall not be approved by the village board except by a two-thirds (2/3) vote of all trustees then holding office. (2010 Code)