A zoning officer may be appointed pursuant to section 1-6-4-7 of this Code.

(Ord. 2017-20, 8-21-2017)

A.

No building permit shall be issued to allow the construction of a prohibited use within any zoned area, to allow the extension of any nonconforming use or to allow the reinstatement of an abandoned nonconforming use.

B.

No permitted use within any zoned district may be erected or altered without a building permit for such construction or alteration having been obtained first. Building permits shall be required for the construction or alteration of all structures including fences and architectural pillars.

C.

No building permit shall be issued within any rezoned district until after the final site plan has been submitted to the village clerk, reviewed with recommendations by the planning and zoning commission, and approved by the village president and board of trustees.

D.

Aforesaid permits shall be obtained in writing from the enforcing officer, located in the Village Hall. Applications for such permits shall be filed in written form with the enforcing officer. All applications for permits and copies of permits issued shall be systematically kept for ready public reference by said enforcing officer. Any new use or change in use authorized by permit but not started or made within 90 days shall require a renewal permit.

(Ord. 2018-8, 4-16-2018)

Cross reference— See section 7-1-3 of this Code.

A.

No amendment to the provisions of this title shall be considered by the village president and board of trustees unless a public hearing on such proposed amendment shall have first been conducted by the planning and zoning commission.

B.

No public hearing on any proposed text amendment or zoning map amendment shall be held unless there shall have been published notice thereof in a newspaper of general circulation in the village, not more than 30 days and not less than 15 days prior to said hearing.

C.

A petition for map amendment may be filed by the village, by any owner of property as to such property, and by any person acting on behalf of such owner of property, subject to the following rules and regulations:

1.

The village may file a petition for map amendment as to any property or properties located within the village.

2.

An individual may file a petition for map amendment (rezoning) regarding any property owned by him and located within the village. Such applicant shall submit with the rezoning application to be filed with the village clerk proof of ownership, such as a recorded deed, or a title insurance policy, acceptable to the village; a current plat of survey; and a site plan for any proposed development of the property in question. If the applicant is not the owner of the property in question, then written proof of authority, such as a letter from the owner so stating, or a copy of any contract of purchase, acceptable to the village, shall be submitted with the application.

3.

The applicant shall submit ten copies of the application.

4.

An applicant for a rezoning, other than the village, shall submit with his application a site plan, which is a map or diagram of the parcel or lot depicting the location of all existing and proposed buildings and site improvements thereon; the existing wooded areas; bodies of water; drainage patterns; areas subject to flooding and other significant natural features; proposed parking; drives; ingress and egress; easements; landscaping; buffering; topography; stormwater retention and detention areas; open space; square footage, dimensions and location of the proposed buildings and improvements; all land and existing buildings within 200 feet, exclusive of rights-of-way, of the parcel or lot subject to the rezoning request; and the current zoning of the surrounding land. The overall quality of the site plan and its components should be in keeping with the character of the surrounding area and the village.

D.

Upon receipt, the village clerk shall forward the application to the chair of the planning and zoning commission, who shall review it for completeness. If the application is deemed incomplete, the applicant shall be notified of the missing elements or information, and requested to complete the application. Additional information may be required from the petitioner/applicant for purposes of evaluating the application.

E.

The planning and zoning commission shall conduct a public hearing on the application for rezoning within 60 days after the date of filing of a complete application, unless the village and applicant agree to a later date for public hearing.

F.

The petitioner shall give written notice of the proposed rezoning and the public hearing by certified mail, return receipt requested, to all owners of record of property located within 250 feet, exclusive of rights-of-way, of the property which is the subject of the proposed rezoning.

G.

In addition, the petitioner shall post a single or double-faced sign, not less than nine nor more than 20 square feet in area for each sign face, in a conspicuous location on the property subject to the proposed rezoning at least 15 days prior to said public hearing. Such sign shall state in bold lettering that the property is subject to proposed rezoning and shall refer all inquiries to the village clerk.

H.

When the village is the petitioner, notice shall be mailed, certified mail, return receipt requested, to the owner(s) of the property which is the subject of the proposed rezoning.

I.

All petitions for proposed text amendments of the provisions of this title, and/or for any proposed rezoning of property lying within the village, filed by an owner or owners of such property, shall be made on forms provided by the village clerk. Said forms, properly completed, together with the payment of such fees as the corporate authorities may establish from time to time by resolution, shall be submitted to the village clerk.

J.

The planning and zoning commission shall file with the village clerk a written report or transcript of the public hearing and its recommendation, in each case within 45 days after such hearing is concluded, unless said be extended by agreement with the applicant.

(Ord. 2018-8, 4-16-2018)

A.

The purpose of this section is as follows:

1.

This chapter is based upon the division of the community into various use districts, within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are meant to be substantially uniform.

2.

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 neighboring land, and of the public need for the particular use in the particular location, such as:

a.

Uses publicly operated or traditionally affected with a public interest.

b.

Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

B.

A person may file an application to use such land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located, if and only if he holds an interest in the land in question as follows:

1.

A freehold interest in land;

2.

A possessory interest entitled to exclusive possession; or

3.

A contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable.

C.

An application for a special use shall be filed with the clerk, including the following information:

1.

The application shall be accompanied by such plans and/or data prescribed by the planning and zoning commission;

2.

The application shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth hereinafter;

3.

Such application shall also be forwarded from the clerk to the planning and zoning commission with a request to review said application and accompanying data, conduct a public hearing thereon, and submit written recommendations thereon to the village board of trustees.

D.

Within 60 days of receipt of any application for a special use, the planning and zoning commission shall hold a public hearing on the application, at such time and place as shall be established by legal publication of a notice of said hearing by the planning and zoning commission.

E.

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

F.

Notice of time and place of the hearing shall be published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers with a general circulation within the village. Supplemental or additional notices may be published or distributed as the board of trustees may prescribe from time to time.

G.

In any area for which an individual application requests a special use, there shall be an additional notice posted on the premises for at least 15 days prior to the public hearing:

1.

The posted notices shall be in number, size and location as prescribed by the planning and zoning commission and shall indicate the present zoning classification, the proposed special use, the time and place of public hearing, and any other information prescribed by the planning and zoning commission.

2.

Posted notices shall be removed by the applicant from the subject area within 15 days after the public hearing has been held.

3.

Failure to do so shall constitute a violation of this chapter.

H.

The planning and zoning commission shall make written findings of fact and shall submit same together with its recommendations to the village board of trustees for final action.

I.

No special use shall be recommended by the planning and zoning commission, unless such commission shall find, in writing, as follows:

1.

The establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;

2.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood;

3.

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

4.

The exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood;

5.

Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

6.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

7.

The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the board of trustees pursuant to the recommendations of the planning and zoning commission.

J.

Conditions and guarantees for any special use may be required as follows:

1.

Prior to the granting of any special use, the planning and zoning commission shall, in a conclusion paragraph separate from the findings of fact, recommend such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified above.

2.

In all cases in which special uses are recommended, the planning and zoning commission may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection herewith are being and will be complied with.

K.

Action by the village board of trustees shall be taken as follows:

1.

The village board of trustees shall not act upon a proposed special use permitted under this chapter until it shall have received a written report and recommendation from the planning and zoning commission on the proposed special use.

2.

The board of trustees may grant or deny, by ordinance or resolution, any application for special use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein.

3.

In all cases where the board of trustees permits the establishment of a special use, the terms of the relief granted shall be specifically set forth in the ordinance or resolution in a conclusion statement separate from any findings of fact in the case.

(Ord. 2001-19, 10-1-2001; Ord. 2018-8, 4-16-2018)

In the event property is rezoned but not used within a period of one year for the purposes permitted in the classification to which said property has been rezoned, the village shall have the right to institute hearings to rezone said property to the previous or to another zoning classification.

(Ord. 4-7-23, 10-30-1973; amd. Ord. 4-7-A-10; Ord. 4-7-AA-6; Ord. 2001-19, 10-1-2001)

A.

All petitions or applications for zoning variations and all appeals shall be heard by the planning and zoning commission.

B.

In interpreting and applying the provisions of this title, the planning and zoning commission shall hold to the minimum requirements necessary for the promotion of the public health, safety, morals, comfort and general welfare of the residents of the village, provided, due allowance be made for the existing conditions, the conservation of property values, and the directions of building development to the best interests of the entire village.

(Ord. 2018-8, 4-16-2018)

When a property owner shows that a strict implementation of the terms of this title relating to the use, construction or alteration of buildings or structures or to the use of land imposes upon him practical difficulties or particular hardship, then the planning and zoning commission may make such recommendations for variations of the strict implementation of the terms of this title as are in harmony with its general purpose and intent when the planning and zoning commission is satisfied, under the evidence heard before it, that the recommendation for the granting of such variation will not serve merely as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation in the following instances:

A.

To recommend the issuance of a permit for extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

B.

To recommend the issuance of a permit for the reconstruction of a nonconforming building or structure which has been destroyed or damaged to an extent of more than 50 percent of its value, by fire or act of God or the public enemy, where the planning and zoning commission shall find some compelling public necessity requiring a continuation of the nonconforming use, but in no case shall such a permit be recommended if the nonconforming use has been abandoned.

C.

To recommend the issuance of a permit for the erection and use of a building or structure or the use of premises in any location for a public service corporation for public utility purposes which the planning and zoning commission deems reasonably necessary for the public convenience or welfare.

D.

To recommend a variation where, by reason of an exceptional situation, surroundings or condition of a specific piece of property, or by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record, or by reason of exceptional topographical conditions, the strict implementation of any provision of this title would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property, as distinguished from a mere inconvenience to such owner, provided such relief as recommended be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this title.

E.

To interpret the provisions of this title where the street layout actually on the ground varies from the street layout as shown on the zoning map fixing the several districts.

F.

To recommend the waiver of the parking requirements whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

G.

To recommend that a lot or tract be subdivided and used by more than one main building even though the width of the lot and other similar requirements may not be fully complied with, but only when the distances between the proposed use and other existing structures or lot lines conform to the minimum requirements of the district in which the lot is located and when adequate vehicular access can be provided.

(Ord. 2018-8, 4-16-2018)

A.

Application: Any property owner seeking a variation in the implementation of the provisions of this title shall file with the village clerk a properly completed variation application containing such information as the planning and zoning commission may require from time to time by rule, and at the same time pay the necessary fees associated therewith. such application shall be made on the form provided by the village clerk, who shall transmit a copy of said properly completed application to the chairperson of the planning and zoning commission for a public hearing. The village clerk shall arrange for the publication of all necessary notices of such hearing, provided the applicant has paid all fees required hereunder. No hearing on such application shall be held unless notice of such hearing shall have been duly published not more than 30 days nor less than 15 days prior to such hearing, said notice to contain the time and place of such hearing as well as the particular location for which the variation is requested and a brief statement of what the proposed variation consists. Such notice shall be published in a newspaper of general circulation in the village. In addition, at least 15 days but not more than 30 days prior to said hearing, the applicant shall post a sign facing each street frontage of the property that is the subject of the petition for a variation and a public hearing. Such sign, bearing language inscribed by the village, shall be provided by the village clerk as set forth in the variation application form.

B.

Fees: Any fees for a variation in the implementation of the provisions of this title shall be in the amount as determined reasonable from time to time by resolution adopted by the village president and board of trustees.

C.

Hearings: The planning and zoning commission shall conduct such hearings as are necessary to obtain the evidence required per the terms of this article, and shall make its decision and submit its findings of fact and recommendations to the village president and board of trustees in accordance with the provisions hereof.

D.

Findings of fact: Within 30 days after concluding all necessary hearings, the planning and zoning commission shall submit to the village president and board of trustees a finding of fact and its recommendation for every application for a variation heard by said planning and zoning commission. Each finding of fact shall refer to any exhibits containing plans or specifications for the proposed variation, which shall remain a part of the permanent records of the planning and zoning commission. The finding of fact shall specify the reason or reasons for recommending the issuance or denial of the variation.

E.

Recommend conditions or restrictions: The planning and zoning commission may recommend to the president and the village board of trustees that such conditions and restrictions be imposed upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this title to reduce or minimize the injurious effect of such variation upon other property and to carry out the general intent of this title better. The terms of the variation shall be set forth specifically in a conclusion or statement separate from the finding of fact.

(Ord. 2018-8, 4-16-2018)

A.

Jurisdiction and procedure:

1.

An appeal may be taken to the planning and zoning commission by any person, firm or corporation aggrieved by any officer, department, board or bureau of the village, or by a decision of the zoning enforcing officer, acting pursuant to this title.

2.

The appeal shall be taken within 45 days of the action complained of by filing, with the officer from whom the appeal is taken and with the planning and zoning commission, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall transmit forthwith to the planning and zoning commission all the papers constituting the record upon which the action appealed from was taken.

3.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the planning and zoning commission, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay, in his opinion, would 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 planning and zoning commission or by a circuit court on application and on notice to the officer from whom the appeal is taken, and on due cause shown.

4.

The planning and zoning commission shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and, within 30 days after concluding the hearing, render a recommendation on the appeal to the village president and board of trustees, who shall make the final decision on the appeal. Upon the hearing, any party may appear in person or by agent or attorney. The planning and zoning commission, by written report, shall recommend to the village president and board of trustees the reversal or affirmation of the appeal, in whole or in part, or shall recommend to the village president and board of trustees the modification or amendment of the order, requirement, decision or determination appealed from, to the extent and in the manner that the planning and zoning commission considers fitting and proper in the premises.

B.

Fees: Any fee, as determined reasonable from time to time by resolution adopted by the village president and board of trustees, shall be paid at the time the notice of appeal is filed.

(Ord. 2018-8, 4-16-2018)

In considering all proposed variations to this title, the planning and zoning commission, before making a recommendation to the village president and board of trustees for a variation from this title in a specific case, shall determine first that the proposed variation will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort or welfare of the inhabitants of the village. The concurring vote of six members of the planning and zoning commission shall be necessary on an application for a variation to recommend to the village president and board of trustees to decide in favor of the applicant any matter upon which it is authorized by this title to render a decision, or on a notice of appeal to recommend to the village president and board of trustees to reverse any order, requirement, decision or determination of any officer, department, board or bureau of the village or of the zoning enforcing officer.

(Ord. 2018-16, 8-6-2018)