10.1

Enforcing officer. The administrator of this ordinance for the Village if designated as the building Inspector shall be responsible for enforcing this ordinance.

10.2

Building permits, certificate of compliance and use permits.

10.2-1

Building permits. No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the building inspector stating that the building or structure and use of land comply with the regulations of the ordinance and all building and health laws and ordinance of the village.

All applications for building permits shall be accompanied by a plot plan, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected, or structurally altered, its location on the lot or lots, location of well, septic tank and seepage field, and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plot plans shall be kept in the office of the building inspector.

10.2-2

Certificate of compliance. No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the building inspector. The certificate of compliance shall be issued only after the building inspector makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions herein and other health and building laws and in accordance with a building permit.

Certificates of compliance shall be applied for coincident with application for a building permit and shall be issued within ten days after the erection and alterations of such buildings shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished, on request, to any person having a property or tenancy interest in the buildings affected.

10.2-3

Certificate for continued occupancy of non-conforming uses. Certificate for the continued occupancy of non-conforming uses existing at the time of passage of this ordinance, or made non-conforming by this ordinance, shall state that the use is a non-conforming one and does not conform with the provisions of this ordinance. the building inspector shall notify the owners of the property being used as a non-forming use and shall furnish said owner with a certificate of occupancy for such non-conforming use.

10.2-4

Use permit. No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the building inspector. No such use permit shall be issued to make a change unless it is in conformity with the provisions herein and amendments hereto, hereafter duly enacted. No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved by the building inspector, and no permit or license shall be issued by any other village department, which would authorize the use or change in use of any land or building contrary to the provisions of this ordinance, or the erection, moving, alteration, enlargement, or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this ordinance.

10.2-5

Continuance of existing uses. Nothing herein shall prevent the continuance of the present lawful occupancy or lawful use of any existing building or zoning lot, except as may be necessary for the safety of life and property and except as provided herein.

10.3

Zoning board of appeals.

10.3-1

Zoning board of appeals established. There is hereby established a zoning board of appeals. Said board of appeals shall consist of seven members appointed by the president of the village and confirmed by the village board of trustees of said village. The members of said board of appeals shall serve respectively for the following terms:

One for one year;

One for two years;

One for three years;

One for four years;

One for five years;

One for six years;

One for seven years.

The successor of each member so appointed shall serve for a period of five years. Vacancies shall be filled by the president of the board of trustees, subject to confirmation by the board of trustees for the unexpired term. Members may be removed by the president of the board of trustees for cause after written charges have been filed and after a public hearing has been held if demanded by the member so charged.

One of the members of said board of appeals shall be designated by the president of the board of trustees, with the consent of the board of trustees, as chairman of said board and shall hold said office as chairman until a successor is appointed. Said chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

The village clerk shall act as clerk for the board of appeals and shall make and keep a record of all its meetings and official acts.

10.3-2

Meetings. All meetings of the board of appeals shall be held at the call of the chairman and at such other times as the board of appeals may determine. All meetings of the board of appeals shall be open to the public.

The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon every questions, or if absent or failing vote, indicting such fact; and shall also keep records of its examinations and other official actions. Findings of act shall be included in the minutes on each case and the reasons for granting or denying each application shall be specified. Every rule, regulation and every order, requirement, decision or determination of the board of appeals shall immediately be filed in the office of the village clerk and shall be a public record.

The board of appeals shall adopt its own rules of procedure; a copy of which and all recommendations thereto shall be filed in the office of the village clerk.

The minutes of the board of appeals shall be open to public examination at reasonable hours.

Expenses incurred by the zoning board of appeals are to be itemized and shall be borne by the village. The members thereof shall serve without compensation.

In considering all appeals and all proposed variations to this ordinance, the zoning board of appeals shall, before recommending that the board of trustees grant any variation from the ordinance in a specified case, first determine and make a finding of fact that the proposed variation will not (a) impair an adequate supply of light and air to adjacent property; (b) unreasonably increase the congestion in public streets; (c) increase the danger of fire or engage the public safety; (d) unreasonably diminish or impair established property values within the surrounding area; (e) merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty; or in any other respect impair the public health, safety, comfort, morals and welfare of the inhabitants of the village.

10.3-3

Appeals and review. Any person aggrieved by a ruling of the building inspector charged with the enforcement of this ordinance or by any officer, department, board of bureau of the village concerning the interpretation of this ordinance, may take an appeal to the zoning board of appeals.

The zoning board of appeals shall fix a reasonable time and place for the hearing and appeals and shall give notice thereof to the persons appealing and to the officer from who the appeal is taken. It shall hear the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney.

Such appeal shall be taken within such time after the date of the adverse ruling as shall be prescribed by the board of appeals by a general rule and shall be taken by filing with the officers from whom the appeal is taken and with the zoning board of appeals a notice of appeal specifying the grounds, together with such plats and exhibits as area reasonably necessary. Such appeal shall be taken upon forms provided by the zoning board of appeals. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appeal was taken.

The zoning board of appeals may reverse or affirm, wholly or partly or may modify or amend the order, requirement, decision or determination made by the building inspector or any other office, department, board of bureau charged with the enforcement of this ordinance.

The zoning board of appeals may reverse or affirm, wholly or partly or may modify or amend the order, requirement, decision or determined appealed from to the extent and in the manner that said board may decide to be fitting and proper in the premises and to that end said board shall also have all the powers of the officer from whom the appeal is taken.

The concurring vote of four members of the board of appeals shall be necessary or reverse any order, requirements, decision or determination of the building inspector or other officer, department, board or bureau or to decide in favor of the applicant any matter upon which it is authorized by this ordinance to render decisions. A quorum shall consist of four members of the board of appeals.

10.3-4

Stay of proceedings. The appeal shall stay all proceedings and furtherance of the action appealed from unless the officer from whom the appeal is taken certified to the zoning board of appeals, after notice of appeal has been filed with them, that by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property; in which case the proceedings shall not be stayed otherwise than by restraining order which may be granted by the zoning board of appeals or by court of record on application, with notice to the officer from whom the appeal is taken, and all due causes shown.

10.3-5

Variations.

a.

Purpose. Variation should be granted solely to provide relief under unusual consideration and only when in harmony with the general intent and purpose of this ordinance.

b.

Conditions. In making its determinations as to whether there is unnecessary hardship, the zoning board of appeals shall take into consideration the extent to which the following condition, all favorably to the applicant or appellant, have been established by the evidence:

1.

That the particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience or loss of revenue if the strict letter of the regulations were carried out;

2.

That the conditions upon which the requested variation is based would not be applicable generally to other properties within the same zoning classification;

3.

That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

4.

That the granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

5.

That the proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood; and

6.

That the proposed variation complies with the spirit and intent of the restrictions imposed by this ordinance.

c.

Authorized variations. Variations from the regulations of this ordinance shall be granted by the zoning board of appeals only in accordance with the standards set forth in this ordinance, and may be granted in the following instances only and in no others:

1.

To permit the extension of a district to include an entire lot where the boundary line of the district divides a lot of record on the effective date of this ordinance;

2.

To permit any yard of less dimension than required by the applicable regulations.

3.

To permit any building or structure to exceed the lot coverage limitations imposed by the applicable regulations.

4.

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than 90 percent of the required lot area;

5.

To reduce the applicable off-street parking and loading facilities required by not more than one parking space or loading berth or 20 percent of the required number, whichever is greater;

6.

To increase by not more than 25 percent, the maximum distant that required parking spaces are permitted to be located from the use served;

7.

To permit the same off-street parking facilities to qualify as a required facility for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same day of the week.

d.

Application. An application for a variation of the regulation of this ordinance may be made by a property owner or his agent to the zoning board of appeals. Such application shall be made in writing, stating the variation requested, the location of the property for which the variation is requested, name of the property owner, and cause for the requested variation. A fee of $300.00 shall accompany said application, which shall not be refunded regardless of the outcome of the application.

e.

Public hearing. The zoning board of appeals shall fix a reasonable time and place for a public hearing upon the application. Notice of the time and place of the hearing shall be published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers published in the village or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the village.

f.

Report of findings. The zoning board of appeals shall report its findings and recommendations to the village board of trustees within 30 days after the public hearing.

g.

Village board action. upon receipt of the report and recommendations from the board of appeals, to grant or deny the variation, the board of trustees, by ordinance, without further public hearing, may adopt the proposed variation or may refer it back to the board of appeals for further consideration and any proposed variation which fails to receive the approval of the board of appeals shall not be passed except by a favorable vote of two-thirds of all the members of the board of trustees. In making any variation, the board of trustees shall be governed by the same considerations and restrictions as set forth above.

No variation in any case shall be made by the village board of trustees without a hearing by the zoning board of appeals as required hereinabove nor without a report thereof having been made by the board of appeals to the board of trustees and every such report shall be accompanied by a finding of fact specifying the reasons for the report.

10.3-6

Special use variations.

1.

Purpose. The development and execution of a zoning ordinance is based upon the division of the village into 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 substantially uniform. It is recognized, however, that there are 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 at the particular location. Such uses fall into two categories:

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.

2.

Initiation of special use variation. Any person owning or having an interest in the subject property may file an application to use such land for one or more of the uses provided for in this ordinance in the zoning district in which the land is situated.

3.

Application for special use variation. An application for a use variation shall be filed with the board of appeals upon a form prescribed by said board. The application shall be accompanied by such plans and/or data prescribed by the board and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use variation will conform to the standards set forth herein. A fee of $300.00 shall accompany said application, which shall not be refunded regardless of the outcome of the application.

4.

Hearing on application. Upon receipt, in proper form, of the application and statement referred to in paragraph "b" above, the zoning board of appeals shall fix a reasonable time and place for a public hearing thereon and shall give notice of the time and place of said public hearing by publishing such notice at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers published in the village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the village.

5.

Authorization. For each application for a special use variation, the zoning board of appeals shall report to the village board of trustees its findings and recommendations, including the stipulations or additional conditions and guarantees that such conditions will be completed with when they are deemed necessary for the protection of the public interest.

The board of trustees may grant or deny any application for a use variation provided, however, that in the event of written protest against any proposed special use variation, signed and acknowledged by the owners of 20 percent of the frontage immediately adjoining the property proposed for a special use variation, or by the owners of 20 percent of the frontage across an alley or directly opposed therefrom, such use variation shall not be granted except by the favorable vote of two-thirds of all the members of the Village Board of Trustees.

6.

Standards. No special use variation shall be recommended by the zoning board of appeals unless said board of appeals shall find:

a.

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

b.

That the use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

c.

That the establishments of the use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

d.

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

e.

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

f.

That the 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 village board of trustees pursuant to the recommendations of the zoning board of appeals.

7.

Planned developments. Planned developments are of such substantially different character from other special use variations that specific and additional standards and exceptions are hereby established to govern the recommendations of the zoning board of appeals and the action of the village board of trustees.

a.

In the case of residential, business or manufacturing planned developments, the zoning board of appeals may recommend, and the village board of trustees may authorize, that there by in part of the area of such development and for the duration of such development, specified uses not permitted by the use regulations for the district in which said development is located, provided the zoning board of appeals shall find:

i.

That the uses permitted by such variation are necessary or desirable and are appropriate with respect to the primary purpose of the development;

ii.

That the uses permitted by such special use variation are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;

iii.

That not more than 20 percent of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said special use variation;

iv.

That in a manufacturing planned development such additional uses allowed by use variations shall conform with the performance standards of the district in which the development is located, as set forth herein;

v.

That the special use variation so allowed is reflected by the appropriate zoning district symbols and so recorded on the Zoning District Map.

b.

Bulk regulations. In the case of any planned developments, the zoning board of appeals may recommend and the board of trustees may authorize, variations to applicable bulk regulations of the zoning ordinance within the boundaries of such development, provided that the zoning board of appeals shall find:

i.

That such variation shall be solely for the purpose of promoting an integrated site plan no less beneficial to the resident of or occupants of such development, as well as of neighboring properties, than would be obtained under the bulk regulations of the zoning ordinance for buildings developed on separate zoning lots;

ii.

That the overall minimum lot area or maximum lot coverage of a residential planned development would not exceed by more than 15 percent the requirements for individual uses in the district in which such planned development is located;

iii.

That the minimum lot area per dwelling unit requirements herein shall not be decreased by more than 15 percent in any such development containing residential uses, and that there shall be available to each residential building and immediately adjacent thereto (including the land area upon which it is erected) the minimum amount of land area required for such building under the lot area per dwelling unit provisions of this ordinance;

iv.

That spacing between principle buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of the ordinance on separate zoning lots, due consideration being given to the openness normally afforded by intervening streets and alleys;

v.

That along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which said development is located.

8.

Conditions and guarantees. Prior to the granting of any use variation, the zoning board of appeals may recommend and the board of trustees shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use variation as deemed necessary for the protection of the public interest and to secure compliance with standards and requirements specified herein. In all cases in which special use variations are granted, the board of trustees shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

9.

Effect of denial of a use variation. No application for a special use variation which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of said order or denial, except on grounds of new evidence or proof of changed conditions found to be valid by the zoning board of appeals and the board of trustees.

10.

Revocation. In any case where a special use variation has not been established within one year after the date of granting thereof, then without further action by the zoning board of appeals or the board of trustees, the special use variation authorization shall be null and void.

a.

Change of zoning. Nothing herein contained shall be construed to give or grant to the zoning board of appeals the power or authority to alter or change the zoning ordinance or any use district made a part of the zoning map; such power and authority being reserved to the village board of trustees; the board of appeals shall not have any power or authority with respect to any alterations or changes of the zoning ordinance except to make recommendations to the board of trustees in such specific cases as may properly come from the board of appeals.

b.

Miscellaneous. No order for a use variation permitting the erection or alteration of a building shall be valid for a period longer than six months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the reaction or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the term of such permit.

No order for a use variation permitting a use of a building or premises shall be valid for a period longer than six months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

10.3-7

Administration review. All final administrative decisions of the board under this section shall be subject to judicial review pursuant to the provision of the "Administrative Review Act" of the State of Illinois, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined in Section 1 of the "Administrative Review Act."

10.4

Amendments.

10.4-1

Petition for amendment. The plan commission, other governmental bodies and any private petitioner may apply for an amendment in the text herein, and in the accompanying Zoning Map made a part hereof. Any petition for an amendment by a private party shall be accompanied by a filing fee as established by the village board of trustees, which fee shall be deposited with the Village and no part shall be returnable to the petitioner.

The petition for amendment shall state the property location for which the amendment is requested, the name of the property owner, and a statement describing the amendment requested. A fee of $150.00 shall accompany the petition which shall not be refunded regardless of the outcome of the petition.

10.4-2

Review of petition. The regulations imposed and the zoning districts created hereunder may be amended by ordinance, but no such amendment shall be made by the village board of trustees without public notice and without a public hearing before the plan commission of the village. The plan commission shall hold the public hearing and forward its recommendations to the village board of trustees within 45 days of the date of the petition was submitted to the plan commission unless it is withdrawn by the petitioner.

10.4-3

Notice of public hearing. The plan commission of the village shall cause notice of public hearing on petitioner's application to be given by publishing notice of the time and place of such public hearing at least once, not more than 30 days and not less than 15 days before the hearing, in one or more newspapers published in the village, or if no newspaper is published therein, then in one or more newspapers with a general circulation in the village. Said notice shall contain the particular location for which the amendment is requested as well as a brief statement describing the amendment.

10.4-4

Written protest. In the event of written protest against the proposed amendment, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across the alley or rear line therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered as to such regulations or zoning district, filed with the village clerk, such amendment shall not be passed by the village board of trustees except by a favorable vote of two-thirds of all the elected members of the village board of trustees.

10.5

Interpretation: Purpose and conflict. In interpreting and applying the provisions herein, they shall be held to be the minimum requirements for the promotion of the safety, health, convenience, comfort, prosperity, and general welfare. It is not intended by this ordinance to interfere with, abrogate, or annul any easements, covenants or other agreements between parties, except that where this ordinance impose a greater restriction upon the use of land, buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other ordinances or such other easements, covenants or agreements, the provisions herein shall control.

10.6

Fees. Fees pertaining to petitions for zoning amendments, use permits, certificates of compliance, variations and for appeals to the zoning board of appeals shall be established by action of the village board of trustees from time to time. Such fees shall be paid to the village clerk who shall give a receipt therefore and account for same at regular intervals to the village board of trustees.

10.7

Violations: Penalty. Any persons, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance shall be fined not less than $25.00 nor more than $200.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

10.8

Validity. Should any clause, section or provision herein be declared by the courts to be valid, the same shall not affect the validity of this ordinance as a whole or any part hereof, other than the part so declared to be invalid.

10.9

Repeal of conflicting ordinances. The within comprehensive amendments repeals the zoning ordinance of the Village of Steger, approved November 7, 1960, and published December 15, 1960, together with all amendments thereto, and all other ordinances or provisions of ordinances which are in variance with the terms of the within comprehensive amendment to the zoning ordinance.

10.10

When effective. This ordinance is hereby declared to be urgent and necessary for the immediate preservation of the public peace, health, safety and general welfare and shall be in full force and effect from and after its due passage, approval and recording and publication as provided by law.

(Ord. No. 1224, Exh. B, 12-2-19)