The building inspector, as zoning administrator, shall be in charge of the administration and enforcement of this title. The building inspector shall:

(a)

Receive applications required, issue permits and furnish certificates, all in his judgment and discretion as authorized.

(b)

Examine premises for which permits have been issued, and make necessary inspections to determine compliance.

(c)

When requested by the president of the board of trustees, or when the interest of the village so requires, make investigations and render written reports.

(d)

Issue such notices or orders as may be necessary.

(e)

Adopt rules and procedures consistent with this title.

(f)

Keep careful and comprehensive records of applicants, permits, certificates, inspections, reports, notices, orders and all localized actions of the board of trustees and shall file the same permanently by street address.

(g)

Keep all such records open to public inspection, at reasonable hours, but not for removal from his office.

(h)

Report to the president of the board of trustees at least once each month as to permits and certificates issued, and orders promulgated.

(i)

Request and receive the assistance and cooperation of the police department, the legal department and of other village officials.

(j)

Inform the legal department of all violations and all other matters requiring prosecution or legal action.

(k)

Be entitled to rely upon any opinion of the legal department as to the interpretation of this title, or the legal application of this title to any factual situation.

(l)

Discharge such other duties as may be placed upon him by this title.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 10, 11, 9-12-2022)

(a)

No building or addition thereto, constructed after the effective date hereof and no addition to a previous existing building shall be occupied, and no land vacant on the effective date hereof shall be used for any purpose, until an occupancy certificate has been issued by the building inspector. No change in a use in any district shall be made until an occupancy certificate has been issued by the building inspector. Every occupancy certificate shall state that the use or occupancy complies with all the provisions of this title.

(b)

Every application for a building permit shall also be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or building where no building permit is required shall be made to the building inspector.

(c)

No occupancy certificate for a building or addition thereto, constructed after the effective date hereof, shall be issued until construction has been completed and the premises have been inspected and certified by the building inspector to be in full and complete compliance with the plans and specifications upon which the zoning certificate was based. No addition to a previously existing building shall be occupied, and no new use of a building in any district shall be established until the premises have been inspected and certified by the building inspector to be in full compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the building inspector is notified in writing that the building or premises is ready for occupancy.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 10, 11, 9-12-2022)

Certificates for the continued occupancy of nonconforming uses by this title shall state that the use is a nonconforming one and does not conform with the provisions of this title. The building inspector shall notify the owner of the property being used as a nonconforming use and shall furnish said owner with a certificate of occupancy for such nonconforming use.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 10, 11, 9-12-2022)

(a)

Creation and procedure.

(1)

Board created. A board of appeals is hereby created. The word "board" when used in this section shall be construed to mean the board of appeals; the said board shall consist of the appointed members of the plan commission specified in section 2-1-1 of this Code.

(2)

Meetings. All meetings of the zoning board of appeals shall be held at the call of the chairman or at such other times as the board may determine. All testimony by witnesses at any hearing provided for in this title shall be given under oath. The chairman, or in his absence the vice chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, specifying the reasons for making or denying such variation. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the board and shall be a public record. The board shall adopt its own rules of procedure not in conflict with the statutes in such case made and provided.

(3)

Hearing. The zoning board of appeals shall decide matters as authorized by this title in a specific case and after public hearing.

(b)

Jurisdiction and authority. The zoning board of appeals is hereby vested with the following jurisdiction and authority:

(1)

To hear and decide an appeal from an administrative order, requirement, decision or determination made by the building inspector under this title.

(2)

To hear or decide all other matters referred to it upon which it is required to decide under this title.

(3)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant any matter upon which it is required to pass under this title.

(Ord. 255, 3-3-1976); Ord. 355, 1-7-1985; Ord. 1001, §§ 10, 11, 9-12-2022)

(a)

Authority. The zoning board of appeals shall hear and decide appeals from an administrative order, requirement or determination under this title, made by the building inspector.

(b)

Initiation and processing. An appeal may be taken to the zoning board of appeals by any person or by any office, department, board, bureau or commission aggrieved by an administrative order, requirement, decision or determination under this title.

The appeal shall be taken within such time as shall be prescribed by the board of appeals by a general rule by filing with the village clerk and with the board of appeals, a notice of appeal, specifying the grounds thereof. 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 appealed was taken.

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

The board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made on the premises and to that end has all the powers of the officer from whom the appeal is taken.

(c)

Decisions. Within 30 days after hearing, all decisions of the zoning board of appeals from an administrative order, requirement, decision or determination of the building and zoning director shall, in all instances, be forwarded to the village board of trustees for final action.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 10, 11, 9-12-2022)

(a)

Authority. The zoning board of appeals shall decide variations of the provisions of this title in harmony with its general purpose and intent, and shall vary them only in the specific instances hereinafter set forth where the zoning board of appeals shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title.

(b)

Initiation. An application for a variation may be made by any person or by any office, department, board, bureau or commission requesting or intending to request application for a building permit or occupancy certificate.

(c)

Notice to adjacent owners. An applicant for amendment for variation shall, not more than 30 days before filing an application for amendment or variation with the village clerk, serve written notice, either in person or by certified mail, return receipt requested, on the owners of all property within 250 feet in any direction of the location for which the variation or amendment is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250-foot requirement. Such list must be supplied by the village clerk.

The notice herein required shall contain the address of the location for which the variation or amendment is requested, a brief statement that the applicant intends to file an application for variation or amendment, the nature of the variation or amendment and the approximate date on which the application will be filed. If, after a bona fide effort to determine such address by the applicant for variation or amendment, the owner of the property on which the notice is to be served cannot be found at his last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of this subsection shall be deemed satisfied.

In addition to serving the notice herein required, at the time of filing application for variation or amendment, the applicant shall furnish to the village clerk a complete list containing the names and last known addresses of the owners of the property served, the method of service and the names and addresses of the persons so served. The applicant shall also furnish a written statement certifying that he has complied with the requirements of this chapter.

The zoning board of appeals or plan commission shall hear no application for variation or amendment unless the applicant for variation or amendment furnishes the list and certificate herein required. The zoning board of appeals or plan commission shall, not more than 30 days nor less than 15 days before the hearing at which the application for variation or amendment is to be considered, send written notice to the persons appearing on the list furnished by the applicant, which notice shall contain the time and place of the hearing, the address of the location for which the variation or amendment is requested, the address of the applicant for variation or amendment and a brief statement of the nature of the variation or amendment requested.

(d)

Processing. An application for a variation shall be filed with the village clerk. The village clerk shall forward such application to the zoning board of appeals for processing in accordance with applicable statutes of the state and the provisions of this title.

All variations shall be recommended by the zoning board of appeals after a public hearing before the zoning board of appeals, of which there shall be a notice of time and place of the hearing 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; and a written notice is served at least 15 days before the hearing on the owners of the properties located adjacent to the location for which the variation is requested, except authorized variations as defined in subsection (f) of this section.

(e)

Standards.

(1)

Recommendation; findings. The zoning board of appeals shall not recommend variation of the provisions of this title, unless it shall have made findings based upon the evidence presented to it in the following cases:

a.

That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

b.

That the plight of the owner is due to unique circumstances; or

c.

That the variation, if granted, will not alter the essential character of the locality.

(2)

Evidence. A variation shall be recommended only if the evidence, in the judgment of the board of appeals, sustains the conditions enumerated above.

(3)

Supplemental conditions. For the purpose of supplementing the above standards, the zoning board of appeals, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

a.

That the particular physical surroundings, shape or topographical conditions of the specific property involved will bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.

b.

That the conditions upon which the application for variation is based would not be applicable generally to other property within the same zoned classification.

c.

That the purpose of the variation is not based exclusively upon a desire to make more money out of the property.

d.

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

e.

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

(4)

Compliance. The zoning board of appeals may require each condition and restriction upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this title.

(5)

Vote required. The concurring vote of four members of the zoning board of appeals shall be necessary to recommend any variation to the village board.

(6)

Action by village board. All decisions and findings upon variations arrived at after hearing shall, in all instances, be referred to the village board with a written report (containing findings of fact) and recommendations. The power to determine and approve variations is hereby reserved to the village board.

The village board, after receiving the written report and recommendations of the zoning board of appeals, and without further public hearing, may adopt by ordinance any proposed variation or may refer it back to the board for further consideration, and any proposed variation which fails to receive the approval of the zoning board of appeals shall not be approved by the village board except by the favorable vote of two-thirds of the village board consisting of all trustees and the president of the board.

(f)

Authorized variation. Variations from the regulations of this title shall be recommended by the zoning board of appeals and approved by the village board of trustees only in accordance with the standards set out in this section, without public hearing, and may be granted only in the following instances, and in no others:

(1)

To permit up to a 20 percent reduction in the front, side or rear yard required by this title.

(2)

To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot be less than 90 percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title.

(3)

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

(4)

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

(5)

To increase by not more than ten percent the maximum gross floor area of any use so limited by the applicable regulations.

(6)

To extend the period of time a nonconforming use may continue or remain.

(7)

To exceed any of the authorized variations allowed under this section, when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding, reduced in size so that the remainder of said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 10, 11, 9-12-2022)

(a)

Jurisdiction. The plan commission of the village which has been duly established, is the plan commission referred to in this title, and shall have the following duties under this title:

(1)

To hear all applications for amendments and special uses and thereafter submit reports of findings and recommendations thereon to the village board in the manner prescribed in this section for amendments and special uses.

(2)

To initiate, direct and review, from time to time, studies of the provisions of this title, and to make reports of its recommendations to the village board not less frequently than once each year.

(3)

To hear and decide all matters upon which it is required to pass under this title.

(b)

Meetings and rules. All meetings of the plan commission shall be held at the call of the chairman, and at such times as the plan commission may determine. All hearings conducted by said plan commission under this title shall be in accordance with Illinois statutes. In all proceedings of the plan commission provided for in this title, the chairman, and in his absence the acting chairman, shall have the power to administer oaths. All testimony by witnesses at any hearing provided for in this title shall be given under oath. The plan commission shall keep minutes of its proceedings, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment and special use, and every recommendation, order, requirement, decision or determination of the plan commission under this title shall be filed in the office of the village clerk and shall be a public record. The plan commission shall adopt its own rules and procedures, not in conflict with this title or with applicable Illinois statutes.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 10, 11, 9-12-2022)

Cross reference— See also title 2, chapter 1 of this Code.

(a)

Authority. The regulations imposed and the districts created under the authority of this title may be amended from time to time, by ordinance, in accordance with applicable statutes of the state. An amendment shall be granted or denied by the village board of trustees only after public hearing before the plan commission and a report of its findings and recommendations has been submitted to the village board of trustees.

(b)

Initiation of amendment. Amendments may be proposed by the village board, by the plan commission, the zoning board of appeals, other governmental bodies, or by any resident of or by any owner of property within the jurisdictional limits of this title.

(c)

Notice to adjacent owners. The notice provisions of subsection 5B-11-6(c) of this chapter shall apply to all applications for amendments.

(d)

Processing. An application for an amendment shall be filed with the village board and thereafter introduced into the village board of trustees. Such application shall be forwarded from the village board to the plan commission, with a request to hold a public hearing. Notice shall be given of the time and place of the hearing, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within the village.

(e)

Protests. Any proposed amendment which fails to receive the favorable vote of a majority of the plan commission members and is so reported, shall not be passed by the village board except by a favorable vote of two-thirds of all the village board of trustees.

(f)

Decisions. The village board, upon report of the plan commission, and without further public hearing, may make, grant or deny any proposed amendment in accordance with applicable statutes of the state, or may refer it back to the plan commission for further consideration.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 10, 11, 9-12-2022)

(a)

Purpose. The development and execution of this title is based upon the division of the village into zoning districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into two categories:

(1)

Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest.

(2)

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

(b)

Authority. Special uses shall be authorized or denied by the village board in accordance with the provisions of this title applicable to amendments of this title and the regulations and conditions set forth in this title for special uses. No application for a special use shall be acted upon by the village board until after:

(1)

A written report is prepared and forwarded to the village board by the plan commission in a manner prescribed herein for amendments to this title; and

(2)

A public hearing has been held by the plan commission after due notice by publication as prescribed herein, for amendments, and the findings and recommendations of the plan commission have been reported to the village board.

(c)

Initiation. An application for a special use may be made by any person or by any office, department, board, bureau or commission requesting or intending to request a building permit or occupancy certificate.

(d)

Notice to adjacent owners. The notice provisions of subsection 5B-11-6(c) of this chapter shall apply to all applications for amendments and special uses.

(e)

Processing. An application for a special use, in such form and accompanied by such information as shall be established from time to time by the plan commission, shall be filed with the village clerk, and thereafter processed in the manner prescribed heretofore for applications and amendments.

The plan commission shall hold the public hearing and forward its recommendations in the form of a written report, to the village board within 30 days following the date of public hearing on each application, unless it is withdrawn by the petitioner:

(1)

That the proposed use at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community.

(2)

That such use will not under the circumstances of the particular case be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or be injurious to property values or improvements in the vicinity.

(3)

That the proposed use will comply with the regulations and conditions specified in this title for such use, and with the stipulation and conditions made a part of the authorization granted by the village board of trustees.

In the case of a written protest against any proposed amendment of the regulations or districts, 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 an alley therefrom or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the village, the amendment shall not be passed except by a favorable vote of two-thirds of all of the trustees of the village. Any proposed amendment which fails to receive the approval of a majority of the plan commission members and is so reported, shall not be passed by the village board except by a favorable vote of two-thirds of all the trustees of the village.

(f)

Decisions. The village board, upon report of the plan commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable statutes of the state or may refer it back to the plan commission for further consideration.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 10, 11, 9-12-2022)

The village board shall establish a schedule of fees, charges and expenses for occupancy certificates, appeals, applications for amendments or special uses, and other matters pertaining to this title. The schedule of fees shall be posted in the office of the village clerk and may be altered or amended only by the village board.

The fee established for each of the aforementioned shall be $10.00. In addition to the $10.00 charge, if there is a need or requirement to publish the permit or application in a newspaper, etc., that cost will be charged back to the applicant.

(Ord. 344, 1984; Ord. 1001, §§ 10, 11, 9-12-2022)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title shall, upon conviction, be fined not less than $100.00 nor more than $500.00 for each offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense.

(Ord. 342, 12-5-1983; Ord. 1001, §§ 10, 11, 9-12-2022)

Editor's note— Ord. 812, § 2, adopted September 9, 2013, in effect repealed the former § 5B-10-12, now § 5B-11-12, which pertained to building permit and derived from Ord. 342, adopted December 5, 1983; Ord. 367, adopted February 3, 1986; amd. Ord. 460, adopted February 24, 1992; amd. Ord. 609, adopted June 10, 2002; Ord. 643, adopted January 26, 2004; Ord. 738, adopted February 9, 2009; and amd. Ord. 740, adopted February 9, 2009. These provision can be found in § 4-3-3.