(a)

Title. This chapter may also be referred to as the "Zoning Ordinance."

(b)

Intent. The purpose of this chapter is to safeguard public health and welfare and to conserve the value of property by controlling the design, location, use, or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within the Village. It is intended to benefit the public as a whole and not any specific person or class of persons. This chapter fulfills this intent by:

(1)

Determining the methods and procedures to implement and enforce this chapter, including, but not limited to, when site plan approval and planned developments are required and providing variations or relief from its requirements.

(2)

Considering the existing and future development or use of land in the Village under the guidance of the Comprehensive Plan.

(3)

Dividing the entire Village into districts, revising those districts as necessary, and defining and restricting uses allowed in those districts.

(4)

Restricting and regulating the location of buildings and structures on a lot or lots, including height and bulk, setbacks from property lines or other buildings or structures, the amount of open space, and the intensity of use.

(5)

Establishing standards for certain improvements such as building design and the amounts and locations of required landscaping and parking in a way that is compatible with the intended use of the zoning district.

(c)

Scope. The provisions of this code shall apply to the construction, addition, alteration, moving, repair, and use of any building, structure, parcel of land, sign, or public rights-of-way within the Village. These provisions do not apply to towers, poles, and equipment of a public utility.

Where, in any specific case, different sections of this code specify different requirements, the more restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Although not intended to abrogate any easement, covenant, or other private agreement, the requirements of this chapter shall govern whenever the regulations of this chapter are more restrictive or impose higher standards or requirements.

Through the implementation, administration, and enforcement of this chapter, benefits and detriments may be enjoyed or suffered by specific individuals, which is merely a byproduct of the overall benefit to the whole community.

If any portion of this code is held invalid for any reason, the remaining herein shall not be affected.

(Ord. No. 13-10-C-4010, § 1, 10-7-2013)

A fee for services may be charged, and a schedule of fees is available in the Community Development Department.

(Ord. No. 13-10-C-4010, § 1, 10-7-2013)

Upon adoption of this code by the Village Board, no use, building, or structure, whether publicly or privately owned, shall be constructed or authorized until it conforms to this code.

(Ord. No. 13-10-C-4010, § 1, 10-7-2013; Ord. No. 15-5-C-4142, § 1, 5-4-2015)

(a)

General. Lawfully established buildings and uses in existence at the time of adoption of this chapter, or any subsequent change to this chapter, are permitted to have their existing use or occupancy continued, except when it is contrary to public health and welfare.

(b)

Additions, alterations, or repairs. Additions, alterations, or repairs are permitted to be made to any building without requiring the existing building to comply with the requirements of this chapter, provided the addition, alteration, or repair conforms to the provisions of this chapter.

(c)

Maintenance. All buildings or parcels of land must be maintained by the owner. To determine compliance with this section, the Zoning Official is permitted to inspect any building or parcel of land.

(d)

Moved or temporary buildings, structures, and uses. Buildings, structures, or uses moved into or within the Village must comply with the provisions of this chapter.

Temporary buildings, structures, and uses for the protection of the public are permitted, provided an approval is received from the Zoning Official, for a limited period of time and completely removed upon the expiration of the time limit stated on the permit.

(e)

Illegal uses. Uses that were illegally established prior to the adoption of this chapter remain illegal, unless otherwise made legal.

(Ord. No. 13-10-C-4010, § 1, 10-7-2013)

(a)

General. This section establishes the duties and responsibilities for the Zoning Official, designated by the Village Manager. The Zoning Official and/or designee is referred to herein as "the Zoning Official."

(b)

Designees. The Zoning Official may designate other employees as may be necessary to carry out the functions of this chapter.

(c)

Reviews and approvals. The Zoning Official is authorized to undertake reviews, make recommendations, conduct inspections, grant approvals, and any other duties necessary to implement or enforce this chapter. All approvals must be in writing by the Zoning Official.

(d)

Comprehensive Plan. The Zoning Official assists the Plan Commission in the development and implementation of the Comprehensive Plan.

(e)

Administrative actions. The Zoning Official receives and reviews for completeness applications, submittals, and requests, including any plans and all data necessary to show that the requirements of this chapter are met, and distribute those submittals for review and action to the appropriate body for:

(1)

Building permits.

(2)

Certificates of occupancy.

(3)

Plan Commission, Zoning Board of Appeals, and Appearance Commission cases, including amendments to cases previously heard.

(4)

Modified review of site plan approvals, special use permits, and certain plats of subdivisions or dedications.

(5)

Zoning verification letters of the status of the conformance of the buildings, structures, and uses on the requested lot.

(6)

Determinations of the specific use of a lot and whether the use is a permitted, special, accessory, or restricted in that zoning district.

(7)

Other plan reviews as needed.

(f)

Enforcement actions. The Zoning Official enforces compliance with the requirements of this chapter.

(g)

Interpretations. The Zoning Official interprets and applies the provisions of this chapter.

(h)

Liability. The Zoning Official, acting in good faith in the discharge of the duties described in this chapter, is not personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties.

This chapter shall not be construed to relieve from or lessen the responsibility of any person other than the Zoning Official for damage or injury to any person or property in relation to any building or parcel of land by reason of the reviews or permits issued under this chapter.

(Ord. No. 13-10-C-4010, § 1, 10-7-2013)

(a)

General. This section addresses the duties and responsibilities of the Plan Commission and other officials and agencies with respect to the administration of this chapter.

(b)

Establishment of the Commission. The establishment of the Plan Commission, herein referred to as "the Commission," shall be in accordance with the policies and procedures set forth in this code.

(c)

Commission reporter. A reporter to assist the Commission shall be appointed by the Zoning Official. The reporter keeps records of the Commission meetings for public record and conducts all correspondence, including the notification of decisions. The reporter shall prepare and submit the minutes of the Commission meetings to the chairperson and the Commission for approval.

(d)

Recommendations to the Village Board. The Commission, after holding public hearings, has the duty to make recommendations, including any conditions of approval, to the Village Board in the following areas:

(1)

Comprehensive Plan. Developing, periodically reviewing, and amending a Comprehensive Plan for the present and future development and redevelopment of the Village.

(2)

Chapter amendments. Periodically reviewing and recommending amendments to the Zoning chapter, in accordance with the guidelines of the Comprehensive Plan and the Subdivisions chapter of this code.

(3)

Zoning map amendments. Amending boundaries of zoning districts on the zoning map.

(4)

Subdivisions. Reviewing and offering recommendations for all subdivisions 4 acres or greater in area or in conjunction with a special use permit or site plan approval.

(5)

Dedications. Reviewing the dedication of any new street or alley and any addition to existing rights-of-way when considered in conjunction with a special use permit, site plan approval, or a subdivision that is subject to review by the Commission.

(6)

Zoning chapter relief. Recommending relief from those allowable variations listed in Section 118-7 in conjunction with special use permit or site plan approval.

(7)

Subdivisions chapter relief. Recommending relief from the subdivision layout requirements for sites 4 acres or greater or when the development for which the subdivision is requested requires a planned development.

(8)

Site plan approvals. Reviewing and offering recommendations on proposed site plans for permitted uses that require site plan approval to ensure that district regulations are met and to maintain a high quality of development. The Commission shall also review site plans for decorative fence locations at nonresidential permitted uses in all residential districts, except for fences at schools, public parks, governmental uses, and public utilities that are required for the protection of the public.

(9)

Special use permits. Reviewing and offering recommendations on proposed special uses that, because of their potential adverse impact upon the immediate neighborhood and the Village as a whole, require a greater degree of scrutiny and review of site characteristics, operation of the use, and impacts to determine their suitability in a given location.

(10)

Vacations. Reviewing the vacation of any public street or alley. Compensation is to be determined by the Village Board.

(e)

Determination of off-street parking requirements. The Commission determines the off-street parking requirements for uses that specifically require a commission determination. The Commission is the final hearing body in these cases.

(f)

Special use permit review findings of fact. Each request for a special use permit must be consistent with the following findings of fact:

(1)

The request is consistent with the intent of the Comprehensive Plan.

(2)

The request will not adversely affect adjacent properties.

(3)

The request is compatible with the existing or allowable uses of adjacent properties.

(4)

The request demonstrates that adequate public facilities, including roads, drainage, utilities, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed.

(5)

The request demonstrates adequate provision for maintenance and use of the associated structures.

(6)

The request has considered and, to the degree possible, addressed the adverse effects on the natural environment.

(7)

The request will not create undue traffic congestion.

(8)

The request will not adversely affect public health, safety, and welfare.

(9)

The request conforms to all applicable provisions of this code, except where relief is granted with the request.

(g)

Site plan approval review findings of fact. Consideration of each request for site plan approval must be confined solely to the site plan characteristics, not based upon the characteristics of the proposed use, and consistent with the following findings of fact:

(1)

The request is harmonious with and does not adversely affect adjacent properties.

(2)

The request can demonstrate that adequate public facilities, including roads, drainage, utilities, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed.

(3)

The request demonstrates adequate provision for maintenance of the associated structures.

(4)

The request has considered and, to the degree possible, addressed the adverse effects on the natural environment.

(5)

The request will not create undue traffic congestion.

(6)

The request will not adversely affect public health, safety, and welfare.

(7)

The request conforms to all applicable provisions of this code, except where relief is granted with the request.

(h)

Zoning map amendments findings of fact. Each request for a zoning map amendment must be made with respect to the following findings of fact:

(1)

The map amendment is consistent with the Comprehensive Plan or development trends in the area that have taken place since the affected property was placed in the present zoning district.

(2)

After identifying the existing uses and zoning districts in the area, the property in question is more suitable for the uses allowed under proposed zoning district than the existing zoning district.

(i)

Appeals and hearings. Any person with standing aggrieved by any decision of the Commission shall have the right to make such appeals as shall be permitted by this chapter or state law. Such appeals shall be based on the record.

(j)

Written report. After the Plan Commission has made its recommendation on a case and once all of the necessary conditions are met by the applicant, the Plan Commission shall send a written report with its recommendation to the Village within 120 days.

(Ord. No. 13-10-C-4010, § 1, 10-7-2013)

(a)

General. This section addresses the duties and responsibilities of the Zoning Board of Appeals, hereafter referred to as "the ZBA," and other officials and agencies, with respect to the administration of this chapter.

(b)

Establishment of the ZBA. The establishment of the ZBA shall be in accordance with the policies and procedures set forth in this code.

(c)

ZBA reporter. A reporter to assist the ZBA shall be appointed by the Zoning Official. The reporter keeps records of the ZBA meetings for public record and conducts all correspondence, including the notification of decisions. The reporter shall prepare and submit the minutes of the ZBA meetings to the chairperson and the ZBA for approval.

(d)

Duties and powers.

(1)

Variances. The ZBA hears and decides appeals to the terms of this chapter. Limitations as to the ZBA's authorization are set forth in this chapter.

a.

Location and size of accessory buildings and structures within permitted yards.

b.

Height of a building or structure provided that a certificate of appropriateness has been issued by the Appearance Commission.

c.

Spacing between congregate living facilities.

d.

Land coverage, floor area ratio, or impermeable surface ratios.

e.

Size of all required yards and the placement of buildings or structures therein.

f.

Number of required off-street motor vehicle or bicycle parking spaces and from the requirements of Section 118-212, Motor vehicle parking facility design standards, (a) Size and clearance.

g.

Reduction in the setback requirement for landscaping in business districts along arterial streets, Main Street, or Howard Street, provided that the project would not be economically feasible but for the variance or that other design features are substituted for the landscaping that have been approved by the Appearance Commission.

h.

Parking certain commercial vehicles in residential districts.

i.

Requirements in the Signs chapter of this code.

j.

Reducing a required minimum lot area, lot width, or required side yard to build a detached residence on a substandard buildable lot of record in a residential district established prior to 1947, provided it meets all the other requirements of this chapter. The owner shall provide with the application for a variance a survey of the lot by a duly licensed land surveyor and the portion of the adjacent lots including the distance between the side lot line and the nearest part of the buildings or structures thereon.

k.

Relief for outdoor dining outside of standard conditions as mentioned in Section 118-93(e)(1).

(2)

Appeals to administrative decisions. The ZBA hears and decides appeals where it is alleged that there is an error in any order, requirement, decision, determination, or interpretation by the Zoning Official.

(3)

Variance review findings of fact. The ZBA is permitted to approve, approve with conditions, or deny a request for variance. Each request for a variance must be consistent with the following findings of fact:

a.

Limitation on the use of the property due to physical, topographical, and geologic features.

b.

The applicant can demonstrate that without a variance there can be no reasonable use of the property.

c.

The grant of the variance is not based solely on economic reasons.

d.

The necessity for the variance was not created by the property owner.

e.

The variance requested is the minimum variance necessary to allow reasonable use of the property.

f.

The grant of the variance will not be injurious to the public health, safety, or welfare.

g.

The property subject to the variance request possesses one or more unique characteristics generally not applicable to similarly situated properties.

(4)

Additional findings of fact for parking certain commercial vehicles in residential districts. In addition to the findings of fact for variances, a request for parking certain commercial vehicles in residential districts must also be consistent with the following findings of fact:

a.

The petitioner's business or occupation is of a nature requiring the usage of the vehicle upon demand at irregular hours for reasons of public necessity.

b.

Alternative, possible parking sites are not available.

c.

Screening of the vehicle can be provided.

(5)

Additional findings of fact for building on a substandard lot. In addition to the findings of fact for variances, a request to build on a substandard lot must also be consistent with the following findings of fact:

a.

The subject lot is not abutting a vacant lot on either side held under common ownership at any time after the year 1946.

b.

The subject lot is not abutting an improved lot of record which has 1' or more of an abutting side yard in excess of the minimum required side yard for the district in which the building or structure is located, which additional side yard land could physically be added to the applicant's lot to increase its width or area.

c.

The subject lot is not owned and has not been owned directly or indirectly or by a nominee of any person, firm, corporation or trust, or by an officer, shareholder, director, partner, beneficiary, agent or person related by blood or marriage or by any predecessors in title, who also held or holds any right, title or interest, directly or indirectly, in the applicant's lot after the year 1946 to the date of application for a building permit.

d.

The contiguous lots are not owned and have not been owned directly or indirectly or by a nominee of any person, firm, corporation or trust, or by an officer, shareholder, director, partner, beneficiary, agent or person related by blood or marriage or by any predecessors in title, who also held or holds any right, title or interest, directly or indirectly, in the applicant's lot after the year 1946 to the date of application for a building permit.

e.

The subject lot was not used as part of a single or common homesite by or with the consent of the same interests, which owned or controlled an abutting lot after the year 1946 to the date of application for a building permit.

(e)

Limits to powers.

(1)

The ZBA is prohibited from granting a variance for the following items:

a.

Any term of this chapter that is specifically prohibited by this chapter.

b.

Any term of the chapter related to a B4, B6, H1, or OR zoning district.

c.

Establishing a use in a zoning district that is not allowed.

d.

Any provisions or conditions of any ordinance providing for a special use permit or site plan approval.

e.

Allowing a front yard fence or increase to fence height.

f.

Reducing the number of required off-street motor vehicle parking spaces in zoning districts where a cash distribution to a parking fund is required in lieu of parking spaces.

g.

Allowing parking of a commercial vehicle in a residential district in any yard that has a State license in excess of the "B" classification or 8,000 pounds gross weight, in any front yard, for more than 1 vehicle per residence, when the only purpose is to provide transportation to and from the applicant's place of employment, or on any nonconforming lot.

h.

Reducing a required side yard to less than 10% of the lot width on a substandard lot.

i.

Any requirement of the Signs chapter that has not been first endorsed by the Appearance Commission.

(2)

The ZBA may only recommend to the Village Board to grant or deny a variance for the following items:

a.

A building or structure height exceeding 10% of the existing applicable zoning district height regulation.

b.

A reduction in the spacing between congregate living facilities by more than 10% of the applicable requirement.

c.

To allow vehicle parking in the front yard in an industrial district.

d.

To allow required off-street vehicle parking in the front yard or side yard abutting a street in a residential district.

The Village Board will grant or deny the petitioner's request.

(f)

Decisions. The ZBA is permitted to decide in any manner it sees fit. The ZBA also may require conditions upon the premises that reduce or minimize the injurious effect of the request upon other property in the neighborhood and implement the general purpose and intent of this chapter. In interpreting and applying the provisions of this chapter, the conditions must be in the spirit and intent of the chapter and not constitute granting of a special privilege.

(Ord. No. 13-10-C-4010, § 1, 10-7-2013; Ord. No. 15-5-C-4142, § 1, 5-4-2015; Ord. No. 16-10-C-4254, § 1, 10-19-2016; Ord. No. 24-10-Z-4716, § 1, 10-21-2024)

(a)

Hearings.

(1)

Notice. Public hearings are required for map amendments, chapter amendments, site plan approvals, special use permits and variances and are not required for parking determinations or subdivision plats under four acres. Upon receipt of an application in proper form, the Zoning Official shall arrange to advertise the time and place of the public hearing. Such advertisement shall be given by at least one publication in a newspaper of general circulation within the Village. Such notice shall state the nature of the request, the location of the property, and the time and place of the hearing. Except for zoning chapter amendments, personal notice must be given by regular mail of the time and place of the hearing to each property owner, as ascertained by the most recent available property tax records available to the public by the Cook County Assessor's Office, of all lots or buildings lying in whole or part within 250' of the property lines of the subject property and all tenants, occupants, and property owners on the subject property. The petitioner must file an affidavit with the Zoning Official containing a complete list of the names and last known addresses of all persons served proper notice pursuant to this section. The notice shall be advertised, posted in a conspicuous manner on the subject property, and delivered by first class mail not more than 45 days nor less than 15 days prior to the hearing, as applicable.

(2)

Continuance of case. The Commission or ZBA will hold at least 1 public hearing on the proposed case, but may continue the hearing to a date certain without further notice being given except by public announcement at the meeting and being placed in the meeting minutes.

(b)

Appeals.

(1)

Interpretations by the Zoning Official. Any person with standing, aggrieved, or affected by any interpretation of the Zoning Official may request in writing an appeal of the decision or interpretation to the ZBA, who, unless otherwise provided, is authorized to interpret the chapter, and such interpretation is considered final.

(2)

Plan Commission or ZBA. An applicant who has received an adverse final decision from the Commission or ZBA may request in writing a review of the decision to the Corporation Counsel. The Corporation Counsel, Director of Community Development, and chairperson of the Commission or ZBA that made the decision will review each request and make a recommendation to the Village Board.

(3)

Time limit. An appeal must be filed no later than 10 working days after the decision is rendered or else the appeal cannot be considered. If such an appeal is not made, the decision of the Zoning Official, Commission, or ZBA shall be considered final.

(4)

Stays of proceedings. An appeal stays all proceedings from further action unless there is immediate danger to public health and safety.

(c)

Modified review. Certain amendments to existing special use permits and site plan approvals may be eligible to bypass the Commission and be heard directly be the Village Board. The petitioner must request in writing to the Zoning Official the request for the modified review with a list of all items that are being modified from the originally granted ordinance and any other supporting documentation. The community development director, commission chairperson, and corporation counsel will review the request and must unanimously find that the proposed modifications are in substantial compliance with and do not change the intent of the original special use permit or site plan approval and send a memorandum to the Village Board with its findings and any other recommendations. If the request is granted, the Village Board will make a finding that the requested amendment is in substantial compliance with the original special use permit or site plan approval ordinance.

(d)

Voting and notice of decision. There shall be a vote of a majority of the Commission or ZBA present in order to decide any matter under consideration. Each decision shall be entered into the minutes by the reporter. All appeals shall be kept in accordance with the state regulations and such appeals shall be open to the public.

Notice in writing of the decision and the disposition of each appeal shall be given to the Zoning Official and each petitioner by mail or otherwise.

(e)

Reapplication. No application for a variance, special use permit, or site plan approval that has been denied wholly or in part shall be resubmitted for a period of 6 months from the date of denial.

(f)

Inaction of the Village Board. If an application for a proposed request is not acted upon within 6 months of the date upon which a recommendation of the Commission or ZBA is received by the Village Board, it shall be deemed to have been denied.

(Ord. No. 13-10-C-4010, § 1, 10-7-2013; Ord. No. 15-5-C-4142, § 1, 5-4-2015; Ord. No. 22-8-C-4611, § 2, 8-1-2022)

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or land or cause or permit that same to be done in violation of this code. When any building or parcel or land regulated by this chapter is being used contrary to this code, the Zoning Official shall be permitted to order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Zoning Official after receipt of such notice to make the structure, parcel of land, or portions thereof, comply with the requirements of this chapter.

(Ord. No. 13-10-C-4010, § 1, 10-7-2013)

(a)

General. All departments, officials, and employees that are charged with the duty or authority to issue permits or approvals shall issue no permit or approval for uses or purposes where the same would be in conflict with this chapter. Any permit or approval, if issued in conflict with this chapter, shall be null and void.

(b)

Expiration and cancellation. Each final action granted by the Commission, ZBA, or Village Board expires after 180 days from the passage of ordinance or approval of the final decision by the granting body if building permits have not been submitted, work is undertaken, or such use or activity is not established, unless a different time of issuance is allowed in the ordinance or decision, or unless an extension is granted by the granting body prior to expiration.

A use with a special use permit that ceases to operate for a period of 6 months is automatically null and void and of no further force or effect.

Failure to comply fully with the terms of any permit, license, or approval is grounds for cancellation or revocation. Action to cancel any license, permit, or approval shall be permitted to be taken on proper grounds by the Zoning Official. Cancellation of a permit or approval by the Commission or ZBA shall be permitted to be appealed in the same manner as its original action.

(c)

Validity of licenses, permits, and approvals. For the issuance of any license, permit or approval for which the Commission or ZBA is responsible, the Zoning Official shall require that the development or use in question proceed only in accordance with the terms of such license, permit, or approval, including any requirements or conditions established as a condition of issuance. Except as specifically provided for in this chapter and conditions of approval, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other required review or approval.

(Ord. No. 13-10-C-4010, § 1, 10-7-2013)