The administration of this Zoning Code is hereby vested in:

(a)

The Manager;

(b)

The Village Clerk;

(c)

The Plan Commission; and

(d)

The Board of Trustees.
(Ord. 477. Passed 1-27-81; Ord. 857. Passed 4-9-91.)

(a)

The Manager shall enforce this Zoning Code. The Manager or his or her designee shall:

(1)

Determine the conformity of applications for zoning certificates with this Zoning Code;

(2)

Issue all zoning certificates, following approval as required in this Zoning Code, and maintain records thereof;

(3)

Issue all certificates of occupancy and maintain records thereof;

(4)

Conduct inspections of structures and uses of land to determine compliance with this Zoning Code at least once every four years;

(5)

Decide or make recommendations on all other matters under this Zoning Code upon which the Manager is required to act;

(6)

Initiate, direct and review, from time to time, a study of this Zoning Code and make reports of his or her recommendations to the Plan Commission not less frequently than once a year;

(7)

Upon first obtaining the approval of the Board of Trustees, issue permits regulating the erection and use of temporary buildings for specific periods of time for purposes such as community, religious, eleemosynary, educational, amusement, recreational or commercial purposes, provided, however, that such uses are in conformity with all other ordinances and codes of the Village; and

(8)

Provide and maintain public information facilities relative to all matters pertaining to this Zoning Code.

(b)

The Clerk shall:

(1)

Receive, file and forward to the Plan Commission all applications for variances;
(Ord. 857. Passed 4-9-91.)

(2)

Receive, file and forward to the Plan Commission all applications for amendments, special uses or other matters which, under this Zoning Code, require referral to the Plan Commission; and

(3)

Maintain permanent and current records of the administration and enforcement of this Zoning Code, including, but not limited to, applications, processing and decisions for all amendments, special uses and special uses granted by the Board of Trustees, variances and appeals. The Clerk shall also designate on the Zoning District Map each amendment and special use.
(Ord. 477. Passed 1-27-81.)

(a)

No building permit or license pertaining to the use of structures or land shall be issued by any officer or employee of the Village, unless the application for such permit has been examined by the Manager or his or her designee and has affixed to it a certificate that the proposed structure and use complies with all of the provisions of this Zoning Code. Any certificate issued in conflict with any of the provisions of this Zoning Code shall be null and void.

(b)

An application for a zoning certificate for a use of land or a structure, which requires compliance with performance standards herein set forth in industrial district regulations, shall have affixed to it a certificate of a professional engineer, licensed by the State. The Manager or his or her designee shall, upon receipt of such application, immediately forward the same to the Village Engineer. Within fifteen (15) days after the date of receipt of the application, the Engineer shall review such application and shall notify the Manager, in writing, as to whether or not the proposed use complies with all applicable performance standards. A zoning certificate shall not be issued for any use of land or a structure if such use does not comply with all applicable performance standards and all other applicable regulations of this Zoning Code.

(c)

No person shall start the construction of a new building, structure or sign, or the enlargement, alteration or removal of a building or structure which involves a change in use without first obtaining a zoning certificate therefor. Construction or development authorized by a permit shall be started within six (6) months and shall proceed with reasonable continuity until completion. Otherwise, the permit shall become invalid.
(Ord. 477. Passed 1-27-81.)

An application for a zoning certificate shall be accompanied by a current registered survey of the lot in triplicate, drawn to scale and prepared by a registered surveyor, showing the shape, area and dimensions of the lot to be built upon, the exact size and location on the lot of the existing buildings and accessory buildings, the lines within which the new structures shall be erected, the existing and intended use of each structure, the number of dwelling units or lodging rooms a building is designed to accommodate, the location of driveways, the location and number of off-street parking and off-street loading berths and such other information with regard to the lot and neighboring lots and performance standards as may be necessary to determine and provide for the enforcement of this Zoning Code. One (1) copy of such plans shall be returned to the owner when such plans have been approved by the Manager or his or her designee. Two (2) copies of the approved plan shall be filed with the Clerk. The lot and the location of the building thereon shall be staked out on the ground before construction is started.
(Ord. 477. Passed 1-27-81.)

(a)

No land shall be occupied or used in a manner different from that existing on the effective date of this section (Ordinance 477, passed January 27, 1981), and no structure hereafter erected or altered shall be occupied or used in whole or in part for any purpose until a certificate of occupancy has been issued by the Manager or his or her designee stating that the structure or land improvement complies with all the building and zoning laws and with all of the provisions of this Zoning Code. No change of use shall be made in any structure or land improvement or part thereof, now or hereafter erected or altered, without an occupancy permit having been issued by the Manager or his or her designee, and no permit shall be issued to make such change unless it is in conformity with this Zoning Code and amendments thereto. Nothing in this chapter shall prevent the continuance of the present occupancy or use of any existing structure or land improvement, except as may be necessary for the safety of life and property.

[(b).

Reserved.]

(c)

Application for a certificate of occupancy shall be made coincident with the application for a zoning certificate and shall be issued within ten (10) days after the erection or alteration of the structure has been completed. A record of all certificates of occupancy shall be kept on file, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the land or structure affected.

(d)

Pending the issuance of a regular certificate of occupancy, a temporary permit may be issued by the Manager or his or her designee, such permit to be valid for a period not to exceed six (6) months from its date, during the completion of any structure or land improvement or during partial occupancy thereof. Application for a temporary permit shall be accompanied with a statement covering the items of work to be completed and the reasons the temporary permit is requested.
(Ord. 477. Passed 1-27-81.)

Editor's note— Section 1274-06 was repealed by Ordinance 857, passed April 9, 1991.)

(a)

Purposes.

(1)

Zoning variances. The development and execution of this Zoning Code is based upon the division of the Village into districts which, of necessity at some boundary, must abut one (1) or more different districts. It is recognized that some use variations may be found to be reasonable and desirable and that such specific uses must be considered on the basis of individual circumstances and conditions. Such zoning variances shall be granted by the Board of Trustees and shall be subject to such controls as are deemed reasonable and necessary by the Board of Trustees.

(2)

Authorized variances. Practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations imposed by this Zoning Code may, as provided in this section, be varied by the Plan Commission. The Plan Commission shall decide such petitions in harmony with the general purpose and intent of this Zoning Code and shall grant an authorized variance only in the specific instances hereinafter set forth in accordance with the procedures set forth by the statutes of the State and this Zoning Code.

(b)

Procedures.

(1)

Authority. The Board of Trustees shall decide all applications for zoning variances from the provisions of this Zoning Code after a public hearing conducted by the Plan Commission, with the exception of authorized variances, which may be decided by the Plan Commission without further action by the Board of Trustees. The Plan Commission shall hold public hearings upon all applications for zoning variances and shall report its recommendations to the Board of Trustees. The Plan Commission shall recommend a zoning variance only after it has made a finding of fact specifying the reason or reasons for recommending such variance. Such findings shall be based upon the standards prescribed in subsection (c) hereof. No zoning variance shall be granted by the Board of Trustees without such findings of fact. When the Plan Commission recommends that a zoning variance not be granted, the zoning variance can only be adopted by the favorable vote of two-thirds (2/3) of the full membership of the Board of Trustees.

(2)

Initiation. An application for a zoning variance or an authorized variance may be made by any government office, department, board, bureau or commission or by any person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variance.

(3)

Applications for variances and notices of hearing. An application for a variance shall be filed with the Clerk, who shall forward a copy of the same to the Plan Commission without delay. The application shall contain such information as the Plan Commission may, from time to time, by rule, require. Not more than ninety (90) days after the filing of such application, a hearing shall be held on the application. Notice of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the Village. The published notice may be supplemented by such additional form of notice as the Plan Commission may, by rule, provide. Variances granted by the Board of Trustees shall be exercised within twelve (12) months after the date of the variation ordinance. Otherwise, they shall become invalid.

(4)

Fees. All applications for a variance shall be accompanied by a fee, consistent with the fee schedule as adopted by the Board of Trustees. In addition, the applicant is responsible for any and all transcript fees and publication fees incurred by the Village.

(c)

Standards for Variances.

(1)

The Plan Commission shall not recommend a zoning variance, nor shall it grant an authorized variance from the provisions of this Zoning Code, as authorized in subsection (d) hereof, unless it has made findings of fact based upon the evidence presented to it in each specific case that:

A.

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

B.

The plight of the owner is due to unique circumstances.

C.

The variance, if granted, will not alter the essential character of the locality.

(2)

For the purpose of implementing the provisions of this subsection, the Plan Commission shall also, in making its determination as to whether or not there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence:

A.

The particular physical surroundings, shape or topographical features of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

B.

The conditions upon which the petition for a variance is based would not be applicable generally to other property within the same zoning classification.

C.

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

D.

The alleged difficulty or hardship has not been created by the owner of the property.

E.

The granting of the variance 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 variance will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood.

(3)

For authorized variances, the Plan Commission may require, and for zoning variances the Plan Commission may recommend and the Board of Trustees may require, such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this subsection to reduce or minimize the injurious effect of such variance upon other property in the neighborhood, and better to carry out the general intent of this Zoning Code.

(d)

Authorized Variances. Variances from the provisions of this Zoning Code may be decided by the Plan Commission without further action by the Board of Trustees only in accordance with the standards set forth in subsection (c) hereof and only in the following instances:

(1)

To permit any lot width, yard or setback up to ten (10) percent less than a lot width, yard or setback required by the applicable regulations;

(2)

To permit an increase of not more than twenty (20) percent in building height and floor area ratio requirements;

(3)

To permit an increase of not more than twenty-five (25) percent in the gross surface area of signs;

(4)

To permit the same off-street parking facility to qualify as required facilities for two (2) 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 days of the week;

(5)

To reduce the applicable off-street parking or loading facilities required by ten (10) percent of the applicable regulations and to permit a change of a nonconforming use to a more compatible nonconforming use;

(6)

To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are permitted to be located from the use served;

(7)

In 1-1 and 1-2 Industrial Districts, to increase the floor area factors by ten (10) percent; and

(8)

To permit any other variation of the technical provisions of this Zoning Code, except for the use, density and usable open space requirements.
(Ord. 477. Passed 1-27-81; Ord. 857. Passed 4-9-91.)

An appeal to the Plan Commission may be made by any person aggrieved by a decision of the Manager or his or her designee under this Zoning Code in accordance with State statutes and the following provisions:

(a)

An application for an appeal shall be filed with the Village Clerk within twenty (20) days of the date of the action from which the appeal is being filed, and thereafter the Clerk shall forward such application to the Commission for processing.

(b)

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

(c)

The Commission shall fix a reasonable time, not to exceed sixty (60) days, for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. The Commission may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed, as it sees fit, and to that end shall have all the powers of the officer from whom the appeal was taken.

(d)

All applications for appeals shall be accompanied by a fee, consistent with the fee schedule as adopted by the Board of Trustees. In addition, the applicant is responsible for any and all transcript fees and publication fees incurred by the Village.

(e)

Appeals re B.O.C.A. and N.E.C. Appeals pertaining to disputes arising under, or in connection with the enforcement of, provisions of any of the B.O.C.A. Codes or the National Electrical Code adopted by the Village shall be taken to the Plan Commission and the Plan Commission shall be considered the "Board of Appeals" as said term is used in any of said codes.
(Ord. 477. Passed 1-27-81; Ord. 857. Passed 4-9-91.)

The Plan Commission of the Village, which has been duly established with functions as prescribed by the Illinois Revised Statutes, is the Commission referred to in this Zoning Code and shall have the following duties under this Zoning Code:

(a)

To receive from the Village Clerk copies of applications for proposed amendments, and thereafter to submit its recommendations thereon to the Board of Trustees;

(b)

To receive from the Clerk copies of applications for proposed special uses and to review such applications and submit reports and recommendations thereon to the Board;

(c)

To review, from time to time, the provisions of this Zoning Code and to make reports of its recommendations, with respect to proposed amendments, to the Board; and

(d)

To act on all other matters which are referred to it, as required by this Zoning Code, including such matters as are listed in Section 1270.05(j)(2)C. and 1270.05(j)(3)C.
(Ord. 477. Passed 1-27-81.)

(a)

Authority. The regulations imposed and the districts created under the authority of this Zoning Code may be amended, from time to time, by ordinance in accordance with applicable Illinois Revised Statutes. An amendment shall be granted or denied by the Board of Trustees only after a public hearing before the Plan Commission and a report of its findings and recommendations has thereafter been submitted to the Board of Trustees.

(b)

Initiation. Amendments may be proposed by the Board of Trustees, Plan Commission, Village official and by any other person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.
(Ord. 857. Passed 4-9-91.)

(c)

Processing.

(1)

An application for an amendment shall be filed with the Village Clerk, and thereafter entered into the records of the first meeting thereafter of the Board of Trustees.

(2)

A copy of such application shall thereafter be forwarded by the Clerk to the Commission with a request to hold a public hearing and submit to the Board of Trustees a report of its findings and recommendations. Such public hearing shall be held upon public notice as required by the Illinois Revised Statutes.

(d)

Decisions.

(1)

The Board of Trustees, upon report of the Commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable Illinois Revised Statutes, or may refer it back to the Commission for further consideration.

(2)

In case a written protest against any proposed amendment, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage directly opposite the frontage to be altered, is filed with the Clerk, the amendment cannot be passed except on the favorable vote of two-thirds (2/3) of all members of the Board of Trustees.

(e)

Fees. All applications for an amendment shall be accompanied by a fee, consistent with the fee schedule as adopted by the Board of Trustees. In addition, the applicant is responsible for any and all transcript fees and publication fees incurred by the Village.
(Ord. 477. Passed 1-27-81.)

(a)

Purpose. The formulation and enactment of a comprehensive zoning ordinance is based on the division of the entire Village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which on account of their potential influence upon neighboring uses or public facilities need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this Zoning Code as special uses and fall into two (2) categories:

(1)

Uses either Municipally operated or operated by publicly regulated utilities, or uses traditionally affected by public interest; and

(2)

Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public, and their possible damaging influence on the neighborhood, may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the regulations of this Code.

(b)

Initiation. Special uses may be proposed by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable of the land which is described in the application for a special use.

(c)

Processing.

(1)

An application for a special use shall be filed with the Village Clerk and thereafter entered into the records of the first meeting thereafter of the Board of Trustees.

(2)

A copy of such application shall thereafter be forwarded by the Clerk to the Plan Commission with a request to hold a public hearing and submit to the Board of Trustees a report of its findings and recommendations. Such public hearing shall be held upon such public notice required by the Illinois Revised Statutes.

(d)

Fees. All applications for a special use shall be accompanied by a fee, consistent with the fee schedule as adopted by the Board of Trustees. In addition, the applicant is responsible for any and all transcript fees and publication fees incurred by the Village.
(Ord. 477. Passed 1-27-81.)

(e)

Standards. No special use shall be granted by the Board of Trustees unless the special use:

(1)

Is deemed necessary for the public convenience at that location;

(2)

Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and

(3)

Will not cause substantial injury to the value of other property in the neighborhood in which it is located.
(Ord. 516. Passed 1-12-82.)

Any person charging a violation of any of the performance standards of this Zoning Code shall accompany his or her charge before the Manager or his or her designee with documentary proof, at his or her own expense, of the alleged violation, prepared by a professional engineer licensed by the State.
(Ord. 477. Passed 1-27-81.)

(a)

Planning and Zoning.

(1)

Variances:

(A)

Residential .....$100.00

(B)

Commercial/Industrial .....1,000.00

(2)

Appeals .....25.00

(3)

Planned development preliminary proposal .....500.00

(4)

Rezoning, planned developments, special uses, as follows:

A.

Existing single family lot .....100.00

B.

All others:

Under one (1) acre .....200.00

One (1) acre or more, but less than two (2) acres .....350.00

Two (2) acres or more, but less than four (4) acres .....450.00

Four (4) acres or more .....1,000.00

(5)

The petitioner shall pay for the cost of any court reporter attendance and transcript fee incurred by the Village. A fee according to the schedule in this subsection shall be charged for all requests to amend an existing variance, planned development or special use ordinance. All fees shall be paid prior to the matter being formally heard by any Village commission, and all court reporter attendance and transcript fees shall be paid before the matter is considered by the Board of Trustees.

(6)

Application for Zoning Certification:

Commercial/Industrial zoned property .....50.00

Residential zoned property .....25.00

All Other zoning classifications .....25.00

(b)

Subdivisions.

(1)

Resubdivision and lot consolidations:

(A)

Residential .....$250.00

(B)

Commercial/industrial .....1,000.00

(2)

Original Subdivisions:

3 through 50 lots .....1,000.00

51 through 100 lots .....1,500.00

101 through 200 lots .....2,000.00

201 or more lots .....2,500.00

(c)

Home Occupation Permits .....50.00

(d)

Signs .....75.00

Seventy-five dollars ($75.00) plus twenty cents ($.20) per square foot of the gross surface area of each sign

(e)

Site Development Permits.

(1)

For a lot of fifteen thousand (15,000) square feet or less, the fee for a site development permit, as required in Chapter 1280 shall be .....200.00

(2)

For a lot in excess of fifteen thousand (15,000) square feet, when issued in conjunction with a subdivision, planned development or special use approval, the fee shall be $50.00. When not so issued, the fee for a site development permit shall be as follows:

Under one (1) acre .....200.00

One (1) acre or more, but less than two (2) years .....300.00

Two (2) acres or more, but less four (4) acres .....500.00

Four (4) acres or more .....2,500.00

(Ord. 502. Passed 9-8-81; Ord. 507. Passed 10-27-81; Ord. 512. Passed 12-8-81; Ord. 557. Passed 9-14-82; Ord. 1329. Passed 11-27-01; Ord. 1385. Passed 2-11-03; Ord. 1457. Passed 8-10-04.)

Whoever violates or fails to comply with any of the provisions of this Zoning Code for which no penalty is otherwise provided shall be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 477. Passed 1-27-81.)