A.   Village Board Of Trustees:

      1.   Jurisdiction: The Village Board shall retain the following duties and responsibilities under this title:

         a.   Take final action on applications for amendments to the zoning title text or map, site plans and conditional uses.

         b.   Take action on applications for temporary buildings, structures and uses of land.

         c.   Designate certain days on which business establishments may conduct their businesses outside the building structure.

         d.   Receive and act upon all annual reports on the effectiveness of this title along with recommendations for changes.

         e.   Take final action on applications for variances, except variance requests concerning:

            (1)   Fences; and

            (2)   Setbacks for single-family residential structures and structures accessory thereto when such variance request concerns a then existing lot of record for which decision-making authority is vested in the Planning and Zoning Commission.

      2.   Final Action By Village Board: All decisions and findings of the Village Board related to this title shall, in all instances, be the final administrative decisions and shall be subject to judicial review as may be provided by law. In the case of zoning amendments, conditional uses, planned unit developments and other actions which require that approval or granting thereof be by ordinance, the enactment of an approving or granting ordinance shall be the final administrative decision and shall be subject to judicial review as may be provided by law.

   B.   Zoning Officer:

      1.   Designation: The Economic Development Director shall be the Zoning Officer.

      2.   Duties: The Zoning Officer, or his/her designees, shall enforce the zoning regulations and, in addition thereto and in furtherance of such authority, shall:

         a.   Maintain permanent and current records of this title, including, but not limited to, all maps, amendments, conditional uses, planned unit developments, variations, appeals and applications therefore.

         b.   Enforce all provisions of this title.

         c.   Provide determination of nonconforming status.

         d.   Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this title and notify in writing the person responsible for any violation found, indicating the nature of the violation and ordering the action necessary to correct it and advising of the right of appeal.

         e.   Order the discontinuance of illegal use of land, building or structures or any illegal work being done; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; and any other action authorized by statute or by this title to enusre compliance with or to prevent violation of its provisions.

         f.   Facilitate the application process for requests for annexation, rezoning (map amendment), conditional use, planned unit development, variation, and appeal.

         g.   Forward to the Village Board applications for temporary buildings, structures and uses of land.

         h.   Review all cases of encroachment into required yards.

         i.   Interpret the zoning regulations when questions arise.

         j.   Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment.

         k.   Determine the parking or loading class of a use which is not contained by name in a parking or loading class.

         l.   Discharge such other duties as may be placed upon the Zoning Officer by this code or the Village Board.

         m.   Initiate, direct and review from time to time a study of the provisions of this title and make recommendations to the Planning and Zoning Commission as such study requires.

   C.   Planning And Zoning Commission:

      1.   Planning And Zoning Commission Establishment: There is hereby established and created the Village Planning and Zoning Commission which shall perform all duties, functions and responsibilities required, necessitated or otherwise convenient to be performed by a plan commission under division 12 section 11 of the Illinois Municipal Code 1 and a zoning board of appeals under division 13 section 11 of the Illinois Municipal Code 2 .

      2.   Perform Duties And Function Of Prior Board Commission: All duties and functions of the Village Zoning Board of Appeals and the Village Plan Commission shall be performed by the Shorewood Planning and Zoning Commission upon the effective date hereof except that the Planning and Zoning Commission shall act solely in an advisory capacity with respect to all matters except consideration of those variances enumerated in subsection A1e of this section. Any reference to the Zoning Board of Appeals or to the Plan Commission either at law or under this Code shall mean the Village "Planning and Zoning Commission".

      3.   Members And Terms Of Office: The Planning and Zoning Commission shall consist of eight (8) members who are residents of the Village who will serve respectively for the following initial terms: four (4) 1-year terms and four (4) 2-year terms, with the successor to each member initially appointed serving for a term of two (2) years. The term of office for each Commissioner shall begin on May 1 of the year of appointment (and shall be retroactive to May 1, if the appointment is made after that date) and shall conclude on April 30 of the year the term of appointment concludes or thereafter until their successor is duly appointed and qualified. A member of the Village Board of Trustees shall serve as a member of the Planning and Zoning Commission as its Chair, the Trustee member shall initially be appointed to one of the one year terms. The Trustee member(s) shall only vote in the event of a tie. Additionally, a Trustee shall be appointed to serve as Vice Chair of the Planning and Zoning Commission and shall preside as Chairman in the absence of the Chair. The Vice Chair shall vote only when there is a tie vote and the Chair is not present. The terms of any current member of the Village Zoning Board of Appeals and the Village Plan Commission shall automatically terminate and cease on the effective date hereof.

      4.   Appointment Of Commissioners: The Village President shall appoint all members of the Planning and Zoning Commission with the advice and consent of the Board of Trustees. Members may be removed in like manner.

      5.   Powers And Duties: The Planning and Zoning Commission shall have all powers, duties and functions as granted plan commissions under division 12 section 11 of the Illinois Municipal Code 3 and zoning boards of appeals under division 13 section 11 of the Illinois Municipal Code 4 .

The Planning and Zoning Commission shall solely make recommendations to the President and Board of Trustees on the following:

         a.   Comprehensive or other amendments to any Village development, land use and development plans and ordinances including zoning ordinance, Comprehensive Plan, annexations, and other adopted land use plans of the Village.

         b.   Land planning use and development for property within the corporate limits of the Village and all property within one and one-half (11/2) miles of the Village corporate limits.

         c.   The development or redevelopment of any lands or lots within the Village.

         d.   The subdivision of all land within the Village or within one and one-half (11/2) miles of the corporate limits.

         e.   Landscaping and signs for projects requiring commission consideration.

         f.   Site plan review for new buildings or structures or the remodeling or restoration within the Village for projects requiring commission consideration.

         g.   Cooperating with regional planning and zoning commissions to further local planning programs and to assure harmonious integrated planning for the area.

         h.   Providing recommendations to the President and Board of Trustees with regard to all map amendments, planned unit developments, conditional use permits, variances and all other zoning issues and conduct such public hearings as may be required.

         i.   Initiating such other programs and exercise such other duties and functions as may be from time to time granted to it under law or delegated to it by the President and Board of Trustees.

         j.   Provide recommendations on variances which are requested, except that the Planning and Zoning Commission shall have final decision making authority for those variances enumerated in subsection A1e of this section.

      6.   Advisory Capacity: Except for those variances enumerated in subsection A1e of this section, the President and Board of Trustees shall exclusively determine any issues coming before the commission, the commission shall be solely advisory in nature, any decision making duties of the former Zoning Board of Appeals pursuant to this Code are hereby amended to reflect the advisory nature of the Planning and Zoning Commission.

      7.   Meetings And Compensation: The Planning and Zoning Commission shall meet in accordance with schedules adopted by the Village or on call of the Chair or any three (3) members of the commission. All meetings shall be conducted pursuant to law. The Chair may administer oaths and compel the attendance of witnesses.

Each nontrustee member of the Planning and Zoning Commission shall be paid fifty dollars ($50.00) for each meeting of the commission which that member actually attends. Applicants who request a special meeting of the Planning and Zoning Commission shall pay a special meeting fee of five hundred dollars ($500.00).

      8.   Records Of Proceeding: The commission shall keep minutes of each meeting showing, among other things, the attendance, the issues presented before the commission and the vote of each member of the commission on the issues before it. The commission may incur such expenses as are authorized by the President and Board of Trustees.

      9.   Quorum And Vote:

         a.   Five (5) members of the commission shall constitute a quorum;

         b.   A favorable vote of a majority of a quorum is required for any recommendation to the President and Board of Trustees;

         c.   Neither the Chairman nor the Vice Chairman shall be counted to establish a quorum. (Ord. 17-1864, 11-14-2017; amd. Ord. 20-1982, 8-25-2020)

   A.   Authority: The Planning and Zoning Commission may vary the regulations of this title for those variances enumerated in subsection 10-12-1A1e of this chapter in harmony with their general purpose and intent. The Village Board may grant such other variances which are permitted by this title in harmony with the general purpose and intent of those regulations.

   B.   Standards For Variances:

      1.   No variance from the regulations of this title shall be granted unless there are findings based upon the evidence presented in each specific case that:

         a.   The variance is in harmony with the general purpose and intent of this title; and

         b.   Strict enforcement of this title would result in practical difficulties or impose exceptional hardship due to special and unusual conditions which are not generally found on other properties in the same zoning district; and

         c.   The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by this title; and

         d.   The variance, if granted, will not alter the essential character of the neighborhood and will not be substantial detriment to adjacent property.

      2.   No variance may be granted from the provisions of this title concerning permitted uses, conditional uses or the regulation of nonconforming uses.

   C.   Procedures For Variances: An application for a variance shall be processed in accordance with the provisions of section 10-12-5 of this chapter.

   D.   Initiation Of Variance: A variance may be proposed by a person being the owner, lessee or contract purchaser of the subject property.

   E.   Decision: The favorable vote of a majority of members of the quorum of the Planning and Zoning Commission/Corporate Authorities, but in no case less than four (4) members, shall be necessary for the granting of a variance.

   F.   Conditions And Restrictions:

      1.   Conditions and restrictions may be imposed upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this section.

      2.   If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the variance is utilized or in effect. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed variance.

      3.   Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section for variances.

      4.   The variance shall be valid only if the conditions and restrictions imposed upon the premises are fulfilled.

   G.   Effective Period Of Variance:

      1.   No variance shall be valid for a period longer than one year from the date of granting the variance, unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period.

      2.   A variance shall not be valid if a building, structure or use of land for which a variance has been granted is destroyed or damaged by fire, collapse, explosion or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the replacement cost of the building, structure or use of land at the time of destruction or damage.

      3.   In the event such damage or destruction is less than fifty percent (50%) of the replacement cost of the building, structure or use of land, the variance shall be valid only if such restoration is started within six (6) months from the date of partial destruction and restoration proceeds and does not cease for a period of sixty (60) days and completion is accomplished within twenty four (24) months from the date of partial destruction. (Ord. 17-1864, 11-14-2017)

   A.   Authority: The Village Board, after receiving a report from the Planning and Zoning Commission containing its findings and recommendations, may amend the regulations of this title or may amend the zoning district boundary lines.

   B.   Standards For Amendments: The Planning and Zoning Commission shall not recommend nor shall the Village Board grant an amendment to alter the zoning district boundary lines, unless it shall make findings based upon the evidence presented to it in each specific case that:

      1.   The amendment promotes the public health, safety, comfort, convenience and general welfare and complies with the policies and Official Comprehensive Land Use Plan 1 and other official plans of the Village; and

      2.   The trend of development in the area of the subject property is consistent with the requested amendment; and

      3.   The requested zoning classification permits uses which are more suitable than the uses permitted under the existing zoning classification; and

      4.   The property cannot yield a reasonable return if permitted to be used only under the conditions allowed under the existing zoning classification; and

      5.   The subject property has not been utilized under the existing zoning classification for a substantial period of time; and

      6.   The amendment, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

   C.   Procedure: An application for an amendment shall be processed in accordance with the provisions of section 10-12-5 of this chapter.

   D.   Initiation Of Amendment: An amendment which alters the zoning district boundary line may be proposed by the Village Board, Planning and Zoning Commission or by a person being the owner, lessee or contract purchaser of the subject property. Text amendments may be initiated by the Village Board, the Planning and Zoning Commission or the Zoning Officer.

   E.   Decisions Of The Village Board: After recommendation by the Planning and Zoning Commission, the Village Board may, by ordinance, grant, or grant with modification, an amendment. If the Village Board does not approve an amendment after recommendation by the Planning and Zoning Commission, it may deny the amendment or refer the proposed amendment back to the Planning and Zoning Commission for further consideration. If the Village Board does not concur with the recommendation of the Planning and Zoning Commission to deny, the favorable vote of four (4) members of the Village Board shall be necessary to pass an ordinance granting the amendment.

   F.   Conditions And Restrictions:

      1.   The Planning and Zoning Commission may recommend and the Village Board may impose conditions and restrictions upon the premises benefited by an amendment as may be necessary to comply with the standards set forth in this section. They shall relate directly to the regulations and provisions of this title.

      2.   If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the amendment is utilized or in effect.

      3.   Such conditions and restrictions shall directly benefit the premises described in the amendment and shall be imposed only if the Village Board finds them necessary to prevent circumstances which may be adverse to public health, safety and welfare. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed land use. Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section for amendments. (Ord. 17-1864, 11-14-2017; amd. Ord. 20-1960, 1-14-2020)

   A.   Authority: The development and execution of this title is based upon the division of the Village into zoning districts, within which districts the use of buildings, structures and land and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon adjacent land and of the public need for the particular use in the particular location. The Village Board, after receiving a report from the Planning and Zoning Commission containing its findings and recommendations, may allow a conditional use in a particular zoning district or districts.

   B.   Standards For Conditional Uses: The Planning and Zoning Commission shall not recommend nor shall the Village Board grant a conditional use in a particular zoning district or districts unless they shall make findings based upon the evidence presented to them in each specific case that:

      1.   The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety and general welfare; and

      2.   The conditional use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted nor substantially diminish and impair property values within the neighborhood; and

      3.   The establishment of the conditional use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the district.

   C.   Procedure For Conditional Uses: An application for a conditional use shall be processed in accordance with the provisions of section 10-12-5 of this chapter.

   D.   Initiation Of Conditional Use: A conditional use may be proposed by a person being the owner, lessee or contract purchaser of the subject property.

   E.   Decision Of The Village Board: After recommendation by the Planning and Zoning Commission, the Village Board may, by ordinance, grant, or grant with modification, the conditional use. If the Village Board does not approve of a conditional use after recommendation by the Planning and Zoning Commission, it may deny the conditional use or refer the conditional use back to the Planning and Zoning Commission for further consideration. If the Village Board does not concur with the recommendation of the Planning and Zoning Commission to deny, the favorable vote of four (4) members of the Village Board shall be necessary to pass an ordinance granting the conditional use.

   F.   Conditions And Restrictions: The Planning and Zoning Commission may recommend and the Village Board may impose conditions and restrictions upon the premises benefited by a conditional use as may be necessary to comply with the standards set forth in this section.

If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the conditional use is utilized or in effect. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed land use.

Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section for conditional uses.

   G.   Effective Period Of A Conditional Use: The granting of a conditional use shall be authorized for only one specific conditional use.

No conditional use shall be valid for a period longer than one year from the date of the ordinance granting the conditional use, unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period. If the conditional use is not utilized for a continuous period of one year, said conditional use shall, to the extent of such nonutilization, become void. Upon voiding of the conditional use, the parcel of land shall conform to the permitted uses and other regulations of the zoning district in which it is located, unless an amendment or other conditional use is applied for and granted. This section shall be applicable to all conditional uses except planned unit developments for which the provisions of chapter 11 of this title shall apply. (Ord. 17-1864, 11-14-2017)

   A.   Procedures; Generally: The process for obtaining a variance, map amendment (except zoning ordinance text amendment and Village-initiated map amendment) or conditional use shall be as follows:

      1.   Application: An application shall be filed, in writing, with the Zoning Officer and shall include a drawing of the property showing its dimensions and also showing all streets, alleys and other properties within one hundred fifty feet (150') of the subject property. The Zoning Officer shall process the application and transmit a copy of the application to the Planning and Zoning Commission for review and public hearing. The application shall contain such information as may be required. The Planning and Zoning Commission shall hold a public hearing within sixty (60) days after filing of the application.

      2.   Notice Of Hearing:

         a.   Notice of the public hearing shall be published at least once before the public hearing in a newspaper of general circulation in the Village.

         b.   The applicant shall give written notice to the owner of record, as shown on the record of the local Real Estate Tax collector, of all lots lying within one hundred fifty feet (150'), exclusive of public rights-of-way, of the property lines of the lot for which the variance, map amendment or conditional use is sought. The written notices shall be sent via USPS First Class mail, properly addressed, with sufficient postage affixed thereon, with delivery confirmation requested. Said notice shall be made not more than thirty (30) days nor less than fifteen (15) days prior to the date of the public hearing. The applicant shall file a sworn affidavit with copies of the notices with the Zoning Officer, showing the names and addresses of the persons to whom the written notices have been sent. Said affidavit shall be a presumption of the giving of said notices.

         c.   A published notice shall contain the number assigned to the application, the place, the nature, the purpose and the date and time of such hearing and the common address or location of the property in question, the name and address of the applicant and owner of the property and the office address of the Village Hall where full information, including a legal description, may be obtained concerning the application and shall be published or served not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.

         d.   A readable sign shall be posted facing each roadway adjacent to the property not less than fifteen (15) days prior to the date of the public hearing. The sign shall contain the words PUBLIC NOTICE in minimum two-inch (2") block letters. It shall also include the phone number for Village Hall in numbers that are at least one and one half inches (1½”) tall. The sign shall be removed no later than ten (10) days after completion of the hearing.

      3.   Public Hearing Record: The public hearing shall be conducted by the Planning and Zoning Commission and a record of such proceedings shall be preserved in such manner as the Planning and Zoning Commission shall, by rule, prescribe from time to time.

      4.   Recommendations Of The Commission: The Planning and Zoning Commission shall make written findings of fact or decisions within one hundred twenty (120) days of the closing of the public hearing.

      5.   Decisions Of Village Board: After recommendation by the Planning and Zoning Commission, the Village Board may, by ordinance, grant, or grant with modification, the proposed amendment, variance, map amendment or conditional use. If the Village Board does not approve of a proposed amendment, variance, map amendment or conditional use after recommendation by the Planning and Zoning Commission, it may deny the proposed amendment, variance, map amendment or conditional use or refer the proposed amendment, variance, map amendment or conditional use back to the Planning and Zoning Commission.

   B.   Zoning Title Text Amendments And Village Initiated Map Amendments: The process for a zoning title text amendment or a Village initiated map amendment shall be as follows:

      1.   Initiation: The Planning and Zoning Commission or the Village Board may initiate a zoning title text amendment or map amendment. The Planning and Zoning Commission shall review the amendment and hold a public hearing thereon.

      2.   Notice Of Public Hearing:

         a.   For text amendments which eliminate a permitted or conditional use from a zoning district list of permitted or conditional uses or which imposes more stringent regulations on any zoning district and for Village initiated map amendments, notice of the public hearing shall be published in a newspaper of general circulation in the Village at least one time before the public hearing not more than thirty (30) nor less than fifteen (15) days prior to the date of public hearing.

         b.   In addition to the published notice provided above, written notice of public hearings for all Village initiated map amendments, other than for the revocation of a planned unit development as provided in subsection 10-11-8C of this title, shall be given to the persons to whom the current Real Estate Tax bills are sent, as shown on the record of the local Real Estate Tax collector, for each parcel of property affected by such Village initiated map amendment. All such notices shall be posted as first class, United States letter carrier mail, not less than ten (10) days prior to the date of the public hearing.

         c.   All other zoning title text amendments shall follow procedures as specified in subsection A of this section.

      3.   Public Hearing; Record; Decisions:

         a.   The public hearing shall be conducted by the Planning and Zoning Commission, and a record of such proceedings shall be preserved in such manner as the Planning and Zoning Commission shall, by rule, prescribe from time to time.

         b.   After recommendation by the Planning and Zoning Commission, the Village Board may, by ordinance, grant, deny, or grant with modification, the proposed zoning title text or map amendment.

(Ord. 17-1864, 11-14-2017; amd. Ord. 24-2123, 12- 10-2024)

   A.   Procedure For Appeals: An appeal may be taken from any order, requirement, decision or determination of the Zoning Officer. The appeal shall be made within forty five (45) days of the action by filing with the Zoning Officer a notice of appeal specifying the grounds therefor. The Zoning Officer shall forthwith transmit to the Planning and Zoning Commission all of the papers constituting a record upon which the action appealed from was taken. A hearing before the Planning and Zoning Commission shall be held at its next regularly scheduled meeting, which is at least fourteen (14) days after the date of the filing.

   B.   Village Board Decisions: Upon conclusion of the hearing required in subsection A of this section, the Planning and Zoning Commission shall transmit its written recommendation to the President and Board of Trustees within thirty (30) days. The President and Board of Trustees shall then decide the matter. (Ord. 17-1864, 11-14-2017)

   A.   Generally: At the time of any application for any planned unit development, conditional use, map amendment, variance or other petition relating to the zoning or development of any property within the corporate limits, the applicant shall pay the Village the fee(s) applicable to said application in accordance with the fee schedule as from time to time established by the Village.

   B.   Special Meetings Before Planning And Zoning Commission: Any person requesting to present any matter to and meet with the Planning and Zoning Commission at a meeting date other than the regularly scheduled meeting date shall first deposit with the Zoning Officer an amount in accordance with the provisions of subsection 10-12-1C7 of this chapter. (Ord. 17-1864, 11-14-2017)

   A.   Any person or any agent, employee or contractor thereof who shall violate, disobey, omit, neglect or refuse to comply with or resist enforcement of any provision of this title shall be fined not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation of this title shall be permitted to continue shall constitute a separate offense.

   B.   If any building, structure or improvement is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this title, the Village or any other person whose property is or may be affected by such violation may institute any appropriate action or proceeding in equity.

   C.   No permit shall be issued unless that which is contemplated is in compliance with this title. Any permit issued either intentionally or inadvertently, in violation of this title, is null and void. (Ord. 17-1864, 11-14-2017)