(A)   The Building Commissioner, referred to herein as the "Zoning Administrator" or simply the "Administrator," is hereby authorized and directed to administer and enforce the provisions of this chapter.

   (B)   This broad responsibility encompasses, but is not limited to, the following specific duties:

      (1)   To review and pass upon applications for initial and final certificates of zoning compliance;

      (2)   To inspect lots, structures and uses to determine compliance with this chapter, and where there are violations, to initiate appropriate corrective action;

      (3)   To review and forward to the Board of Zoning Appeals all appeals and applications for variances, special use permits and amendments;

      (4)   To maintain up-to-date records of matters related to this chapter including, but not limited to, district maps, certificates of zoning compliance, special use permits, variances, interpretative decisions of the Board of Zoning Appeals, amendments and all applications/documents related to any of these items;

      (5)   To republish the zoning district map not later than March 31 if any rezonings have been approved during the preceding calendar year;

      (6)   To provide information to the general public on matters related to this chapter; and

      (7)   To perform such other duties as the Board of Trustees may from time to time prescribe.

(1994 Code, § 40-9-1)

   (A)   Upon the effective date of this chapter, no lot shall be created, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated or reconstructed until an initial certificate of zoning compliance has been issued.

   (B)   The Administrator shall not issue an initial certificate of zoning compliance unless, following consultation with technically qualified persons as necessary, he or she determines that the proposed activity conforms to the applicable provisions of this chapter.

      (1)   Application.

         (a)   Every applicant for an initial certificate of zoning compliance shall submit to the Administrator, in graphic and/or narrative form, all the items of information listed below that are applicable to the particular project. The Administrator shall decide which items are applicable. (Note: filing fee required.)

         (b)   Items of information:

            1.   Name and address of the applicant:

            2.   Name and address of the owner or operator of the proposed lot, structure or use, if different from what was provided in division (B)(1)(b)1. above;

            3.   Brief, general description/explanation of the proposal;

            4.   Location of the proposed lot, use or structure, and its relationship to adjacent lots, uses, or structures;

            5.   Area and dimensions of the site for the proposed structure or use;

            6.   Existing topography of the site, and proposed finished grade;

            7.   Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;

            8.   Height and setbacks of the proposed structure;

            9.   Number and size of proposed dwelling units, if any;

            10.   Location and number of proposed parking/loading spaces and access ways;

            11.   Identification and location of all existing or proposed utilities, whether public or private; and/or

            12.   Any other pertinent information that the Administrator may require.

      (2)   Duration of certificate. Initial certificates of zoning compliance shall be valid for one year, or until revoked for failure to abide by a corrective action order. The Administrator may renew initial certificates of zoning compliance for successive one-year periods upon written request, provided the applicant is making a good faith effort to complete the authorized work. See § 6-1-6 of Revised Code.

   (C)   Relationship to building permits. Upon the effective date of this chapter, no building permit for the erection, enlargement, extension, alteration or reconstruction of any structure shall be issued until the applicant for the permit has properly obtained an initial certificate of zoning compliance pertaining to the work.

(1994 Code, § 40-9-2)

   No lot or part thereof recorded or developed after the effective date of this chapter, and no structure or use, or part thereof, that has been erected, enlarged, altered, relocated or reconstructed after the effective date of this chapter shall be used, occupied or put into operation until a final certificate of zoning compliance has been issued. The Administrator shall not issue a final certificate of zoning compliance until it has been determined, by inspection, that the work authorized by the initial certificate of zoning compliance has been completed in accordance with approved plans. Failure to obtain a final certificate of zoning compliance shall constitute a separate violation of this chapter.

(1994 Code, § 40-9-3)

   Whenever the Zoning Administrator finds, by inspection or otherwise, that any lot, structure or use, or work thereon, is in violation of this chapter, he or she shall so notify the responsible party, and shall order appropriate corrective action.

   (A)   Contents of order. The order to take corrective action shall be in writing and shall include:

      (1)   A description of the premises sufficient for identification;

      (2)   A statement indicating the nature of the violation;

      (3)   A statement of the remedial action necessary to effect compliance;

      (4)   The date by which the violation must be corrected;

      (5)   A statement that the alleged violator is entitled to a conference with the Administrator if he or she so desires;

      (6)   The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for so filing; and

      (7)   A statement that failure to obey a corrective action order shall result in revocation of the certificate of zoning compliance and may result in the imposition of fines.

   (B)   Service of order. A corrective action order shall be deemed properly served upon the owner, occupant or operator of the offending lot, structure or use if it is:

      (1)   Served upon him or her personally;

      (2)   Sent by registered mail to his or her last known address; or

      (3)   Posted in a conspicuous place on or about the affected premises.

   (C)   Stop orders.

      (1)   Whenever any work is being done in violation of an initial certificate of zoning compliance, the Administrator's corrective action order may state that the violation must cease immediately. See division (A)(4) above.

      (2)   In that case, the corrective action order is equivalent to a stop order.

(1994 Code, § 40-9-4)

   Notwithstanding any other provisions of this chapter, whenever the Administrator determines that any violation of this chapter poses an imminent peril to life or property, he or she may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

(1994 Code, § 40-9-5)

   Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Administrator. The Administrator shall record the complaints, promptly investigate, and, if necessary, institute appropriate corrective action.

(1994 Code, § 40-9-6)

   The Board of Trustees shall establish (and may amend from time to time) a schedule of filing fees for the various permits and procedures listed in this code. The fees are intended to defray the administrative costs connected with the processing/conducting of the permits or procedures; the fees do not constitute a tax or other revenue-raising device. All the fees shall be paid by the applicant to the Village Clerk. See § 155.162 below.

(1994 Code, § 40-9-7)

   The filing fee for the following procedures shall be $150 per application: Any request or application for an appeal meeting; any application or request for a variance hearing; any application or request for an amendment hearing; and any application or request for a special use permit hearing. All fees provided herein shall be made payable to the village and shall be paid to the Village Clerk along with the filing of the application or request for any like procedure or hearing.

(Ord. 90-09, passed 5-24-1990; Ord. 10-09, passed 7-20-2010)

   The Board of Zoning Appeals is hereby established in accordance with state law.

(Ill. Rev. Stats., Ch. 24, § 11-13-3)

   (A)   Membership, appointment, compensation. The Board of Zoning Appeals shall consist of seven members, all of whom shall reside within the village. Each Board member shall be appointed by the Mayor with the advice and consent of the Board of Trustees. One of the members so appointed shall be named as Chairperson at the time of his or her appointment. Each Board member shall receive compensation as established by the Village Board.

   (B)   Term of office; vacancies.

      (1)   Every member of the Zoning Board of Appeals which was established pursuant to the former Zoning Code shall be entitled to serve on the Zoning Board of Appeals established by this section until the date his or her term of office would have expired if the former Zoning Code had remained in effect. Any person appointed to the Zoning Board of Appeals on or after the effective date of this chapter shall hold office for five years from the date of his or her appointment, and until his or her successor has been selected and qualified.

      (2)   With the advice and consent of the Board of Trustees, the Mayor may remove any member of the Zoning Board of Appeals for cause, after a public hearing. Vacancies on the Zoning Board of Appeals shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members.

   (C)   Meeting; quorum. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such times as the Board may determine. All Board meetings shall be open to the public. The Board may adopt their own rules of meeting procedures consistent with this chapter and the applicable Illinois Statutes. The Board may select such officers as it deems necessary. The Chairperson, or in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. Four members of the Board shall constitute a quorum, and the affirmative vote of at least four members shall be necessary to authorize any Board action.

   (D)   Records. The Board shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, variance, order or decision of the Board shall be filed immediately with the Village Clerk and shall be a public record.

(1994 Code, § 40-10-1)

   (A)   Any person aggrieved by any decision or order of the Zoning Administrator in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the Zoning Board of Appeals.

   (B)   Every appeal shall be made and treated in accordance with state law and the provisions of this section.

(Ill. Rev. Stats., Ch. 24, § 11-13-12)

      (1)   Filing, record transmittal. Every appeal shall be made within 45 days of the matter complained of by filing with the Administrator and the Zoning Board of Appeals a written notice specifying the grounds for appeal. (Every appeal shall also be filed with the Soil and Water Conservation District as per state law (Ill. Rev. Stats., Ch. 5, § 127.2(A)). Not more than five working days after the notice of appeal has been filed, the Administrator shall transmit to the Board of Appeals all records pertinent to the case. (Note: filing fee required.)

      (2)   Stay of further proceedings. An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Board of Zoning Appeals, after the notice of appeal has been filed with him or her, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In that case, further action shall not be stayed unless the Board of Zoning Appeals or the circuit court grants a restraining order for due cause, and so notifies the Administrator.

      (3)   Public hearing, notice. The Board of Zoning Appeals shall hold a public hearing on every appeal no less than 15 days nor more than 30 days after filing of appeal notice and publication. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and briefly describing the issue to be decided shall be given not more than 30 days nor less than 15 days before the hearing:

         (a)   By first class mail to all parties directly affected by the appeal; and

         (b)   By publication in a newspaper of general circulation within the village.

      (4)   Decision by Board of Appeals. The Board of Appeals shall render a decision on the appeal within a reasonable time after the hearing. The Board may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from the extent and in the manner that they deem appropriate. In so doing, the Board of Appeals has all the powers of the Administrator.

(1994 Code, § 40-10-2) (Ord. 91-06, passed 5-9-1991)

   (A)   A variance is a relaxation of the requirements of this chapter that are applicable to a particular lot, structure or use.

   (B)   A so-called "use variance" (which would allow a use that is neither permitted nor special in the district in question) is not a variance, it is an amendment, and may be granted only as provided for at § 155.167 below.

         (a)   Every application for a variance shall be filed with the Administrator on a prescribed form. (Every variance application shall also be filed with the Soil and Water Conservation District as per state law (ILCS Ch. 70, Act 405, § 22.02(A)) The Administrator shall promptly transmit the application, together with any device he or she might wish to offer, to the Board of Zoning Appeals.

         (b)   The application shall contain sufficient information to allow the Board to make an informed decision, and shall include, at a minimum, the following (Note: filing fee required):

            1.   Name and address of the applicant;

            2.   Location of the structure/use for which the variance is sought;

            3.   Brief description of adjacent lots, structures and/or uses:

            4.   Brief description of the problem(s)/circumstances engendering the variance request;

            5.   Brief, but specific, statement/explanation of the desired variance;

            6.   Specific section(s) of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and

            7.   Any other pertinent information that the Administrator may require.

      (2)   Public hearing, notice.

         (a)   The Board of Zoning Appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them.

         (b)   At the hearing any interested party may appear and testify either in person or by duly authorized agent or attorney.

         (c)   Notice indicating the time, date and place of the hearing, and the nature of the proposed variance shall be given not more than 30 nor less than 15 days before the hearing:

            1.   By first class mail to the applicant and to all parties whose property would be directly affected by the proposed variance; and

            2.   By publication in a newspaper of general circulation within the village.

      (3)   Standards for variances. The Board of Zoning Appeals shall not grant any variance unless, based upon the evidence presented to it, it determines that:

         (a)   The proposed variance is consistent with the general purposes of this chapter. See § 155.002 above;

         (b)   Strict application of the normally-applicable requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;

         (c)   The proposed variance is the minimum deviation from the requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;

         (d)   The plight of the applicant is due to circumstances not of his or her own making;

         (e)   The circumstances engendering the variance request are peculiar and not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and

         (f)   The variance, if granted, will not alter the essential character of the area where the premises in question are located or significantly impair implementation of the community plan.

      (4)   Terms of relief; finds of fact. The Board of Zoning Appeals shall decide on every variance request within a reasonable time after the public hearing. In accordance with state law (Ill. Rev. Stat., Ch. 24, § 11-13-11), the Board of Zoning Appeals shall specify the terms of relief recommended (if any) in one statement and their findings of fact in another statement. The findings of fact shall clearly indicate the Board's reasons for the granting or denying the requested variance.

(1994 Code, § 40-10-3)

   (A)   This chapter divides the village into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another.

   (B)   Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation and other factors.

   (C)   The "special uses" require careful case-by-case review, and may be allowed only after review and approved by the Board of Zoning Appeals.

      (1)   Application. Every applicant for a special use permit shall submit to the Zoning Administrator in narrative and/or graphic form, the items of information enumerated below. The Administrator shall promptly transmit the completed application, together with any comments or recommendation he or she might have, to the Board of Zoning Appeals. (Note: filing fee required.) Items of information:

         (a)   Name and address of the applicant;

         (b)   Name and address of the owner or operator of the proposed structure or use, if different from division (C)(1)(a) above:

         (c)   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;

         (d)   Location of the proposed use or structure, and its relationship to existing uses of structures on adjacent lots;

         (e)   Area and dimensions of the site for the proposed structure or use;

         (f)   Existing topography of the side and proposed finished grade;

         (g)   Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;

         (h)   Height and setbacks of the proposed structure;

         (i)   Number and size of proposed dwelling units, if any;

         (j)   Number and location of proposed parking/loading spaces and access ways;

         (k)   Identification and location of all existing or proposed utilities, whether public or private; and/or

         (l)   Any other pertinent information that the Administrator may require.

      (2)   Public hearing, notice.

         (a)   The Board of Zoning Appeals shall hold a public hearing on every special use permit application within a reasonable time after the application is submitted to it. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney.

         (b)   Notice indicating the time, date and place of the hearing, and the nature of the proposed special use shall be given not more than 30 nor less than 15 days before the hearing:

            1.   By first class mail to the applicant and to all parties whose property would be directly affected by the proposed special use; and

            2.   By publication in a newspaper of general circulation within the village.

      (3)   Decision-making factors. In deciding what action to take on any application for a special use permit, the Board of Zoning Appeals shall consider and make findings of fact regarding the following factors:

         (a)   Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;

         (b)   Whether the proposed special use is consistent with the village community plan;

         (c)   The effect the proposed special use would have on the value of property in the immediate vicinity and on the village's overall tax base;

         (d)   The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and

         (e)   Whether there are any facilities near the proposed special use (such as schools, homes for the elderly) that require special protection.

      (4)   Decision; findings of facts. The Board of Zoning Appeals shall reach a decision on every special use permit application within a reasonable time after public hearing. In accordance with state law (ILCS Ch. 65, Act 5, § 11-13-11), the Board of Zoning Appeals shall specify the terms/conditions of the permit to be granted (if any) in one statement and their findings of fact in another statement. The findings of fact shall be responsive to the decision-making factors listed in the preceding division and shall clearly indicate the Board's reasons for granting (with or without modifications/conditions) or denying the requested special use permit.

(1994 Code, § 40-10-4)

   (A)   The Board of Trustees may amend this chapter in accordance with state law (ILCS Ch. 65, Act 5, § 11-13-14) and the provisions of this section.

   (B)   Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments.

   (C)   Amendments may be proposed by the Board of Trustees, the Administrator, the Board of Zoning Appeals, the Planning Commission, or any party in interest.

      (1)   Filing. Every proposal to amend this chapter shall be filed with the Administrator on a prescribed form. (Every amendment proposal shall also be filed with the Soil and Water Conservation District (as per ILCS Ch. 70, Act 405, § 22.02a). The Administrator shall promptly transmit the proposal, together with any comments or recommendations he or she might wish to make, to the Planning Commission for a public hearing. (Note: filing fee required.)

      (2)   Public hearing; notice. The Planning Commission shall hold a public hearing on every amendment proposal within a reasonable time after the proposal has been submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing and the nature of the proposed amendment shall be given not more than 30 nor less than 15 days before the hearing:

         (a)   By first class mail to all parties whose property would be directly affected by the proposed amendment; and

         (b)   By publication in a newspaper of general circulation within the village.

      (3)   Advisory report; findings of fact. Within a reasonable time after the public hearing, the Planning Commission shall submit their advisory report to the Board of Trustees. The report shall state the Plan Commission's recommendations regarding adoption of the proposed amendment, and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the Plan Commission shall include in their advisory report findings of fact concerning each of the following matters:

         (a)   Existing use and zoning of the property in question;

         (b)   Existing uses and zoning of other lots in the vicinity of the property in question;

         (c)   Suitability of the property in question for uses already permitted under existing regulations;

         (d)   Suitability of the property in question for the proposed use;

         (e)   The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned; and

         (f)   The effect the proposed rezoning would have on implementation of the village community plan.

      (4)   Action by Board of Trustees. The Board of Trustees shall act on every proposed amendment at their next regularly scheduled meeting following submission of the Plan Commission's advisory report. Without further public hearing, the Board of Trustees may approve or disapprove any proposed amendment or may refer it back to the Plan Commission for further consideration, by simple majority vote of all the members then holding office. Exception: The favorable vote of at least two-thirds of all the members of the Board of Trustees is required to pass an amendment to this chapter when the proposed amendment is opposed, in writing, by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.

(ILCS Ch. 65, Act 5, § 11-13-14) (1994 Code, § 40-10-5)

   (A)   Any person who is convicted of a violation of this chapter shall be fined not less than $20 nor more than $500, plus costs. Each day that a violation continues shall be considered a separate offense.

   (B)   Nothing contained in this section shall prevent the village from taking any other lawful action that may be necessary to secure compliance with this chapter.

(1994 Code, § 40-9-8)