The administration of this title is hereby vested in the following:

   A.   Zoning administrator.

   B.   Zoning board of appeals. (Ord., 10-14-2008)

The zoning administrator is hereby designated to enforce this title, and in furtherance of such authority shall receive and review applications for permits to erect buildings or structures, or to alter or remodel existing buildings or structures, and shall have the power to make orders, requirements, decisions and determinations with respect to the enforcement of the terms of this title and to:

   A.   Administration Of Procedures: Administer all procedures concerning permits when such permits are required by this title, and in connection therewith shall:

      1.   Review all applications for construction permits required herein; issue such permits for application conforming with the regulations of this title; and make such periodic inspections during construction as may be necessary to ensure compliance with this title;

      2.   Upon completion of construction, or upon application for an occupancy permit for a change of use, inspect the premises and issue an occupancy permit if such construction or change of use complies with the regulations of this title;

      3.   Review applications for temporary occupancy permits and issue such temporary occupancy permits for applications conforming to the regulations of this title;

      4.   Maintain records of all applications and permits;

      5.   Make such investigations, decisions, determinations and requirements; and issue such violation notices and compliance orders as are necessary to enforce this title, and keep records of such notices and orders;

      6.   Decide or make recommendations on all other matters under this title upon which the zoning administrator is required to act;

      7.   Receive petitions for variations, amendments, and special use permits that are to be referred to the zoning board of appeals or other appropriate reviewing body;

      8.   Maintain permanent and current records of this title, including, but not limited to, all maps, amendments, special uses, variations, appeals and applications therefor; revise the zoning district map to show all amendments thereto; and maintain for public inspection a record of all special uses granted indicating the nature of the special use, conditions of approval, and the date of the hearing on such special use;

      9.   Maintain and provide public information relative to all matters arising out of this title; and

      10.   Collect fees as authorized by the village board.

   B.   Delegation Of Duties: The zoning administrator may delegate the duties set forth in this chapter to persons under his/her supervision. (Ord., 10-14-2008)

   A.   Creation: The zoning board of appeals of the village of Stockton ("zoning board") is hereby created in accordance with Illinois law, including 65 Illinois Compiled Statutes 5/11-13-3.

   B.   Membership And Term Of Office:

      1.   Appointment Of Zoning Board: The village president, with advice and consent of the village board shall appoint a zoning board of appeals consisting of seven (7) members. One of the members so appointed shall be named as chairman at the time of his appointment, and in case of vacancy the village president shall designate a chairman.

      2.   Terms Of Membership On Zoning Board: The zoning board shall consist of seven (7) members to serve, respectively, for the following initial terms:

         a.   One member for one year;

         b.   One member for two (2) years;

         c.   One member for three (3) years;

         d.   One member for four (4) years;

         e.   One member for five (5) years;

         f.   One member for six (6) years; and

         g.   One member for seven (7) years.

         h.   Thereafter, each member of the zoning board shall serve for a term of five (5) years.

   C.   Residency Of Members Of Zoning Board: All members of the zoning board shall be residents of the village of Stockton or shall own property in the village of Stockton.

   D.   Alternate Members Of The Zoning Board:

      1.   The village president may appoint two (2) persons to the zoning board, subject to confirmation by majority vote of the members of the village board, who shall serve as alternates for the other seven (7) members of the board. Such alternates shall serve respectively, for the following initial terms:

         a.   One alternate for four (4) years;

         b.   One alternate for five (5) years.

         c.   Thereafter each alternate member of the zoning board shall serve a term of five (5) years.

      2.   Alternate members, if appointed, shall serve as members of the board only in the absence of regular members, with the alternate member who has the greatest amount of time remaining in his or her term to have priority over the other alternate members in determining which alternate member shall serve in the absence of a regular member.

   E.   Removal: The village president shall have the power to remove any member of the zoning board for cause, after a public hearing.

   F.   Vacancies On Zoning Board: Vacancies shall be filled by the village president for the unexpired term of any member whose place has become vacant.

   G.   Jurisdiction And Authority: The zoning board is hereby vested with the following jurisdiction and authority:

      1.   Appeals Of An Administrative Decision Interpreting/Enforcing The Ordinance: Hear and decide appeals from and review any order, requirement, decision or determination made by the zoning administrator. See section 11-18-4 of this chapter.

      2.   Variation: To hear applications for variations from strict application of this title, and, after the public hearing, report its finding(s) and make its recommendation(s) to the village board. See section 11-18-5 of this chapter.

      3.   Special Use Permits: To hear applications for special use permits, and, after the public hearing, report its finding(s) and make its recommendation(s) to the village board. See section 11-18-7 of this chapter.

      4.   Amendments: To hear applications for amendment(s) to this title, in the manner set forth and under the standards established in section 11-18-6 of this chapter and, after the public hearing, report its finding(s) and make its recommendation(s) to the village board. The village board may accept or reject, in whole or in part, the finding(s) and/or recommendation(s) of the zoning board on such applications for amendment(s), and may refer any such application back to the zoning board for further hearing(s), finding(s), and/or recommendation(s).

      5.   Other Matters: To hear and decide, or to hear and make recommendations to the village board, on all matters referred to it or upon which it is required to pass under this title, and in accordance with Illinois law.

   H.   Meetings And Rules:

      1.   All meetings of the zoning board shall be held at the call of the chairperson, and at such times and places within the village as the zoning board may determine.

      2.   All meetings of the zoning board shall be open to the public.

      3.   The zoning board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

      4.   Every rule, regulation, every amendment or repeal thereof, and order, requirement, decision or determination of the zoning board shall immediately be filed in the office of the board and shall be a public record.

      5.   The chairman, or in his absence the acting chairman may administer oaths and compel the attendance of witnesses.

   I.   Notice Of Hearing: Where a public hearing before the zoning board of appeals is required by this title, unless otherwise specified to the contrary elsewhere in this title, notice of each hearing shall be published at least fifteen (15) days in advance thereof in a newspaper of general circulation in the village.

   J.   Zoning Board Expenses: In the performance of its duties, the zoning board may incur such expenses as are authorized by the village board.

   K.   Compensation Of The Zoning Board: The members of the zoning board shall be compensated on a per diem basis, the amounts to be determined by the village board. The per diem funds are to be generated through zoning fees.

   L.   Decisions Of The Zoning Board: The concurring vote of four (4) members of the board is necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or resolution, or to effect any variation in such ordinance or resolution to the village board. All final administrative decisions of the zoning board hereunder shall be subject to judicial review pursuant to the provisions of the administrative review law 1 and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in section 3-101 of the code of civil procedure 2 . (Ord., 10-14-2008; amd. Ord. 693, 8-11-2020)

   A.   Persons Who May Appeal: An appeal may be taken to the zoning board of appeals by any person aggrieved or by an officer, department, board or bureau of the village of Stockton affected by any order, requirement, decision, or determination of the zoning administrator relative to the interpretation of this title.

   B.   Request For Consideration: Prior to taking of an appeal, the aggrieved person may file, within thirty (30) days of the decision, a request for reconsideration with the office of the zoning administrator. The request for reconsideration shall specify the grounds for the request. Upon receipt of the request for reconsideration, the zoning administrator shall, within thirty (30) days, prepare a written answer to the aggrieved person's request. Such answer shall include findings of fact, conclusions, and a final decision. This document shall be signed by the zoning administrator and thereafter forwarded to the aggrieved person.

   C.   Procedure For Appeals:

      1.   An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the zoning board, after the notice of appeal has been filed, that by reason of the facts stated in the certificate, a stay would, in the zoning administrator's opinion, cause an imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board or by a court on application, on notice to the zoning administrator and on due cause shown.

      2.   The zoning board shall fix a reasonable time for the hearing of the appeal.

   D.   Decision Of Appeals: The zoning board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the zoning administrator.

   E.   Finality Of Zoning Decisions For Administrative Appeals: All administrative decisions of the zoning board hereunder may be appealed to the village board. The decision of the village board shall be final.

   F.   Records Of Appeals: The zoning administrator shall maintain complete records of all actions of the zoning board with respect to appeals, and shall keep the village board informed on a current basis of the disposition of each case. (Ord., 10-14-2008)

The village board may determine and vary the application of the regulations imposed by this title in harmony with their general purpose and intent and in accordance with general or specific rules therein contained in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of such regulations relating to the use, construction or alteration of buildings or structures or the use of land.

   A.   Administrative Variation As To Location Or Bulk Of Structures: If an application is made for a variation of ten percent (10%) or less of the regulations of this title governing the location of structures or as to the bulk requirements under this title, such variation may be granted by the zoning administrator without a public hearing, provided that, before such variation is granted, a notice of intent to grant such is sent by certified mail to all adjoining landowners, and no adjoining landowner files a written objection with the zoning administrator within fifteen (15) days of receipt of such notice of intent. If within fifteen (15) days after receiving such notice of intent, an adjoining landowner files a written objection to such variation with the zoning administrator, then the requested variation shall be heard at a public hearing by the board of appeals and decided by the village board in accordance with this chapter.

   B.   Procedure For Variations:

      1.   Authority To Grant Variations: All variations, except for administrative variations as described herein, shall be made only by the village board and only following a public hearing before the board of appeals.

      2.   Applications For Variations:

         a.   Filing Of Application: An application for a variation shall be filed with the zoning inspector on a form prescribed by the village.

         b.   Application Information: Applications for variations shall be made in duplicate to the zoning inspector on forms furnished by the zoning inspector and shall include the following:

            (1)   Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

            (2)   Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

            (3)   Plat of survey prepared by a registered land surveyor 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, and its location on the lot or lots.

            (4)   A site plan showing information as may be necessary to determine and provide for an enforcement of this title, including a plan showing contours and vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

            (5)   Additional information as may be required by the board of appeals, village engineer, zoning, building, plumbing, or health inspectors.

      3.   Public Hearing: The zoning administrator shall deliver the application to the zoning board who shall hold a public hearing on each application for a variation at such time and place as shall be established by the zoning board.

      4.   Standards For Variations: The zoning board of appeals shall make findings of fact based upon the evidence presented to it specifying the reason for making such variation including findings with respect to the following standards:

         a.   The physical surroundings, shape, or topographical conditions of the specific property will cause practical difficulties or a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

         b.   The conditions upon which a petition for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property within the same zoning classification.

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

         d.   The alleged difficulty or hardship is caused by this title and has not been created by persons presently having an interest in the property.

         e.   The granting of the variation will not alter the essential character of the locality, and will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

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

         g.   The variation requested is the minimum variation that will make possible the reasonable use of the land or structure.

      5.   Notice Of Hearings: There shall be at least fifteen (15) days' notice of the date, time, and place of such public hearing published in a newspaper of general circulation in the village. Costs or charges for publication of such notice shall be paid by the petitioner or applicant.

      6.   Notice Contents: The notice of public hearing for a variation shall contain:

         a.   The particular location of the real estate for which the variation is requested by legal description and street address, and if no street address then by locating such real estate with reference to any well known landmark, highway, road, thoroughfare or intersection;

         b.   Whether or not the petitioner or applicant is acting for himself or in the capacity of agent, alter ego, or representative of a principal, and stating the name and address of the actual and true principal;

         c.   Whether petitioner or applicant is a corporation, and if a corporation, the correct names and addresses of all officers and directors, and of all stockholders or shareholders owning any interest in excess of twenty percent (20%) of all outstanding stock of such corporation;

         d.   Whether the petitioner or applicant, or his principal if other than the applicant, is a business or entity doing business under an assumed name, and if so, the name and residence of all true and actual owners of such business or entity;

         e.   Whether the petitioner for application is a partnership, joint venture, syndicate or an unincorporated voluntary association, and if so, the names and addresses of all partners, joint ventures, syndicate members or members of the unincorporated voluntary association; and

         f.   A brief statement of what the proposed variation consists.

      7.   Conditions And Restrictions: The village board may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set out in this title to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this title.

      8.   Finality Of Zoning Decisions For Variations: The decision and findings of the village board on an application for variation, after a public hearing, shall, in all instances, be final. (Ord., 10-14-2008; amd. Ord. 694, 8-11-2020)

   A.   Types Of Amendments: For purposes of this section, the term "text amendment" means an amendment to the text of a zoning ordinance, which affects the whole village, and the term "map amendment" means an amendment to the map of a zoning ordinance, which affects an individual parcel or parcels of land.

   B.   Authority To Amend/Who May File: The regulations imposed and the districts created under the authority of this title may be amended from time to time by ordinance or resolution, after the ordinance or resolution establishing same has gone into effect. Amendments may be proposed by the village board, zoning board, any property owner, or a person or organization with a property interest in the subject property. An application for an amendment shall be filed with the zoning administrator, who after ascertaining it contains the information required by this title shall forward the application to the zoning board.

      1.   Filing Of Application: An application for a zoning amendment shall be filed with the zoning inspector on a form prescribed by the zoning administrator.

      2.   Text Amendment Application Information: Applications for text amendments shall be made on forms furnished by the zoning inspector and shall address the following:

         a.   How the proposed amendment is consistent with the comprehensive plan.

         b.   How the public health, safety, and general welfare are served by the proposed amendment.

         c.   Additional information as may be required by the board of appeals, village engineer, zoning, building, plumbing, or health inspectors.

      3.   Map Amendment Application Information: Applications for map amendments shall be made on forms furnished by the zoning inspector and shall address the following:

         a.   How the proposed amendment is consistent with the comprehensive plan.

         b.   How the public health, safety, and general welfare are served by the proposed amendment.

         c.   Provide a map, at an appropriate scale, fully dimensioned and accurately drawn, identifying the current and proposed zoning; and adjacent properties' zoning within a minimum three hundred feet (300') of the project site.

         d.   Additional information as may be required by the board of appeals, village engineer, zoning, building, plumbing, or health inspectors.

   C.   Hearing Requirement: No such amendments shall be made without a hearing before the zoning board of appeals. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the village.

   D.   Action Of Board: The zoning board upon receipt of the application from the zoning administrator shall:

      1.   Conduct a hearing as required by this title within a reasonable period of time, and

      2.   Consider the following factors for zoning map amendments:

         a.   The preferred use of the property as indicated in the future land use map in the village of Stockton comprehensive plan. This is the primary determining factor for all rezone requests.

         b.   When a preferred land use is not designated in the comprehensive plan, or when the requested amendment is not consistent with the comprehensive plan, the following factors should be considered:

            (1)   Existing uses and zoning of nearby property;

            (2)   Extent to which property values are diminished by particular zoning restrictions;

            (3)   Extent to which destruction of value of plaintiffs' property promotes the health, safety, morals, or general welfare of the public;

            (4)   Relative gain to public compared to hardship imposed upon individual property owner;

            (5)   Suitability of subject property for zoned purposes;

            (6)   Length of time the property has been vacant as zoned, considered in context of land development in vicinity; and

            (7)   Community need for the proposed use.

      3.   Consider the following factors for zoning text amendments:

         a.   The consistency of the proposed amendment with the purpose of this code and the comprehensive plan,

         b.   The community need for the proposed amendment and for the uses and development it would allow.

      4.   Make a recommendation to the village board based upon its consideration of the factors listed in this section which may include terms and conditions of approval.

   E.   Village Board Voting Requirements To Amend:

      1.   Text Amendments: Text amendments may be passed at a village board meeting by a simple majority of the elected village board members, unless written protests against the proposed text amendment are signed by five percent (5%) of the landowners of the village, in which case such amendment shall not be passed except by the favorable vote of three-fourths (3/4) of all the members of the village board.

      2.   Map Amendments: Map amendments may be passed at a village board meeting by a simple majority of the elected village board members, unless a valid written protest is filed as provided in subsections E2a and E2b of this section, in which case such amendment shall not be passed except by the favorable vote of three-fourths (3/4) of all the members of the village board.

         a.   In case of written protest against any proposed map amendment that is either:

            (1)   Signed by the owner or owners of at least twenty percent (20%) of the land to be rezoned, or

            (2)   Signed by the owner or owners of land immediately touching, or immediately across a street, alley, or public right of way from, at least twenty percent (20%) of the perimeter of the land to be rezoned.

         b.   In such cases, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. (Ord., 10-14-2008; amd. Ord. 695, 8-11-2020)

   A.   Purpose: The development and execution of this chapter is based upon the division of the village into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development and operation of such uses. Such uses are classified as special uses.

   B.   Authority Of The Board Of Appeals And Village Board; Requirements:

      1.   The board of appeals shall conduct hearings and investigate applications as necessary to make recommendations to the village board. Special use permits may be granted, modified or revoked only by the village board.

      2.   The board of appeals, after a public hearing shall, within a reasonable time, make a recommendation to the village board regarding the application for a special use. Prior to making a recommendation, the board of appeals shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.

      3.   Any development within five hundred feet (500') of the existing or proposed rights of way of freeways, expressways, interstate and controlled access trafficways, and within one thousand five hundred feet (1,500') of their existing or proposed interchange or turning lane rights of way shall be specifically reviewed by the highway agency that has jurisdiction over the trafficway. The board of appeals shall request such review and await the highway agency's recommendation for a period not to exceed sixty (60) days before taking final action.

      4.   Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the board of appeals upon its finding that these are necessary to fulfill the purpose and intent of this title.

      5.   Compliance with all other provisions of this title, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all special uses.

   C.   Application For Special Use:

      1.   Filing Of Application: An application for a special use shall be filed with the zoning inspector on a form prescribed by the village.

      2.   Application Information: Applications for special use shall be made in duplicate to the zoning inspector on forms furnished by the zoning inspector and shall include the following:

         a.   Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

         b.   Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

         c.   Plat of survey prepared by a registered land surveyor 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, and its location on the lot or lots.

         d.   A site plan showing information as may be necessary to determine and provide for an enforcement of this title, including a plan showing contours and vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

         e.   Additional information as may be required by the board of appeals, village engineer, zoning, building, plumbing, or health inspectors.

   D.   Hearing On Application: A special use may be granted only after a public hearing conducted by the board of appeals. There must be at least fifteen (15) days' notice before the hearing. The notice must include the time, place, and date of the hearing and must be published in a newspaper of general circulation in the village. The notice must also contain:

      1.   The particular location of the property for which the special use is requested by legal description and by street address, or if there is no street address, by locating the property with reference to any well known landmark, highway, road, thoroughfare, or intersection;

      2.   Whether the petitioner or applicant is acting for himself or herself or as an agent, alter ego, or representative of a principal and the name and address of the principal;

      3.   Whether the petitioner or applicant is a corporation, and if so, the correct names and addresses of all officers and directors of the corporation and of all stockholders or shareholders owning any interest in excess of twenty percent (20%) of all of the outstanding stock or shares of the corporation;

      4.   Whether the petitioner or applicant, or his or her principal, is a business or entity doing business under an assumed name, and if so, the name and residence of all actual owners of the business or entity;

      5.   Whether the petitioner or applicant, or his or her principal, is a partnership, joint venture, syndicate, or an unincorporated voluntary association, and if so, the names and addresses of all partners or members of the partnership, joint venture, syndicate, or unincorporated voluntary association; and

      6.   A brief statement of the proposed special use.

   E.   Notice To Neighbors: In addition to any other notice required by this section, the board of appeals must give at least fifteen (15) days' notice before the hearing to the owner or owners of any land adjacent to or immediately across any street, alley, or public right of way from the property proposed as a special use.

   F.   Payment Of Publication Costs: The petitioner or applicant must pay the cost of the publication of the notice required by this section.

   G.   Denial Of Application For Special Use Permit: When a special use application is recommended for denial, the board of appeals shall furnish in writing to the village board, and to the applicant, those standards that are not met and enumerate reasons the board of appeals has used in determining that each standard was not met.

   H.   Validity Of Special Use Permit: Where the village board has approved an application for a special use, such approval shall become null and void within twelve (12) months of the date of the village board action unless the use is commenced, construction is underway or the current owner possesses a valid zoning permit under which construction is commenced within six (6) months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted.

   I.   Complaints Regarding Special Uses: The village board shall retain continuing jurisdiction over all special uses for the purpose of resolving complaints against all previously approved special uses. Such authority shall be in addition to the enforcement authority of the zoning inspector to order the removal or discontinuance of any unauthorized alterations of an approved special use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this code. Upon written complaint by any citizen or official, the board of appeals shall initially determine whether said complaint indicates a reasonable probability that the subject special use is in violation of either one or more of the standards set forth in subsection K of this section, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in subsection D of this section. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The board of appeals may, in order to bring the subject special use into compliance with the standards set forth in subsection K of this section or conditions previously imposed by the village board, recommend modifications of the existing conditions upon such use and recommend additional reasonable conditions upon the subject special use. In the event that no reasonable modification of such special use can be made in order to assure that standards in subsections K1 and K2 of this section will be met, the village board may revoke the subject special approval and direct the zoning inspector and the village attorney to seek elimination of the subject use. Following any such hearing, the decision of the village board shall be furnished the current owner of the special use in writing stating the reasons therefor.

   J.   Standards; Special Uses:

      1.   No application for a special use shall be recommended for approval by the board of appeals or granted by the village board unless such boards shall find all of the following conditions are present:

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

         b.   The uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the special use and the proposed use is compatible with the use of adjacent land.

         c.   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.

         d.   Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

         e.   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.   The special use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

         g.   The proposed use does not violate floodplain regulations governing the site.

         h.   When applying the above standards to any new construction of a building or an addition to an existing building the board of appeals shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

      2.   The board of appeals shall also evaluate the effect of the proposed use upon:

         a.   The maintenance of safe and healthful conditions.

         b.   The prevention and control of water pollution including sedimentation.

         c.   Existing topographic and drainage features and vegetative cover on the site.

         d.   The location of the site with respect to floodplains and floodways of rivers and streams.

         e.   The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

         f.   The location of the site with respect to existing or future access roads.

         g.   The need of the proposed use for a shoreland location.

         h.   Its compatibility with uses on adjacent land.

         i.   The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

   K.   Conditions And Guarantees: The following conditions shall apply to all special uses:

      1.   Prior to the granting of any special use, the village board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in subsection J of this section. In all cases in which special uses are granted, the board 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. Such conditions may include specifications for, without limitation, because of specific enumeration:

         a.   Landscaping,

         b.   Type of construction,

         c.   Construction commencement and completion dates,

         d.   Sureties,

         e.   Lighting,

         f.   Fencing,

         g.   Operational control,

         h.   Hours of operation,

         i.   Traffic circulation,

         j.   Deed restrictions,

         k.   Access restrictions,

         l.   Setbacks and yards,

         m.   Specified sewage disposal and water supply systems,

         n.   Planting screens,

         o.   Increased parking,

         p.   Or any other requirements necessary to fulfill the purpose and intent of this title.

      2.   The board of appeals shall evaluate each application and may request assistance from any source, which can provide technical assistance. The board of appeals shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.

      3.   No alteration of a special use shall be permitted unless approved by the village board. (Ord., 10-14-2008)

   A.   Zoning Permit:

      1.   Permit Required: No building or structure shall hereafter be erected or structurally altered until a zoning permit has been issued by the zoning administrator stating that the building or structure and use of land comply with the regulations of this zoning ordinance.

      2.   Application For Permit: All applications for a zoning permit shall be accompanied by the required fee and a scale drawing 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, and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and drawings shall be kept in the office of the zoning administrator.

      3.   Permit Application Review: The zoning administrator shall review all permit applications for compliance with this title and shall issue the permit or a written denial of permit within ten (10) days of receiving the application and required fee. When the request for a permit is denied, the zoning administrator shall provide the reasons for rejection and may recommend alternative actions to comply with the relevant requirements of this zoning ordinance.

      4.   Permit Placement: Zoning permits shall be displayed in a window or protective plastic sleeve in a location visible from the street.

      5.   Permit Validity: Zoning permits shall be valid for a period of one year from the date of issuance.

   B.   Certificate Of Occupancy:

      1.   Certificate Required: No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of occupancy has been issued by the zoning administrator. The certificate of occupancy shall be issued only after the zoning administrator makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this zoning ordinance.

      2.   Issuance And Record Of Certificates: Certificates of occupancy shall be issued within ten (10) days after the erection and alterations of such building shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the zoning administrator, and copies shall be available to any person having proprietary or tenancy interest in the building affected. (Ord., 10-14-2008)

   A.   Fee Required: Any application for a zoning permit, amendment, special use, variance, or any other type of request, shall be accompanied by a fee as established by the village board. Fees are to be established in accordance with the costs incurred to administer this zoning ordinance.

   B.   Work Without Permit: When construction starts before a zoning permit is issued, the fee will be increased by fifty percent (50%).

   C.   Fee Refund: No fee shall be refunded unless written notice of cancellation of application is received by the zoning administrator. Fees for actions that require a public hearing will be refunded only if notice of cancellation is received prior to public notice publication.

   D.   Fee Schedule: The fee schedule will be established by the village board. (Ord., 10-14-2008)

Individuals wishing to report or inquire about a perceived violation of this zoning ordinance may contact the zoning administrator. The zoning administrator will investigate reported violations in a timely manner and act as authorized by section 11-18-2 of this chapter to enforce this title. (Ord., 10-14-2008)