ONE.- ADMINISTRATION
21.1.1. It shall be the duty of the zoning administrator to enforce this ordinance. The building commissioner of the Village of Vernon Hills is hereby designated the zoning administrator. The zoning administrator shall receive applications required by this ordinance, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. He shall, when requested by the village manager or board of trustees, or when the interests of the municipality so require, make investigations in connection with matters referred to in this ordinance and render written reports on the same. For the purpose of enforcing compliance with law, he shall issue such notices or orders as may be necessary.
21.1.2. Inspections shall be made by the zoning administrator or a duly appointed assistant or employee.
21.1.3. For carrying into effect its provisions, the zoning administration may adopt rules consistent with this ordinance.
21.1.4. The zoning administrator shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work, so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the zoning administrator.
21.1.5. The zoning administrator may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the engineer in fixing grades, of the chief of police in enforcing orders, of the village attorney in prosecuting violations, and of other officials.
21.2.1. Certificate of occupancy required. A certificate of occupancy shall be required as a condition of any person occupying or reoccupying a building or structure:
21.2.1.1. A building which has been subject of new construction.
21.2.1.2. A building, or portion thereof which has been subject of an expansion, addition, reconstruction.
21.2.1.3. A building, or portion thereof which has been subject to an alteration in excess of 25 percent of the existing floor area.
21.2.1.4. A building, or portion thereof, located in the B-1, COS-1, O-R&D, O-R&D-1, B-P, and PIB zoned districts, which is not used for residential purposes and is subject to a new occupancy, whether by owner or tenant.
21.2.1.5. A building subject to a liquor or other license as described under chapters 3 and 10 of the Village of Vernon Hills Code of Ordinances.
21.2.1.6. A parcel of land, unimproved by a building, which is used for a business.
21.2.1.7. A building which has been moved to another foundation on the same or any other parcel of property.
21.2.2. Prohibition. It shall be unlawful for any person to occupy a building, parcel of land, or portion thereof in the following circumstances:
21.2.2.1. Without having first obtained a certificate of occupancy where required, except where having obtained a temporary certificate of occupancy that has not expired or been terminated.
21.2.2.2. Following the expiration or revocation of a certificate of occupancy or temporary certificate of occupancy.
21.2.2.3. Contrary to the terms, conditions, and limitations of a certificate of occupancy or temporary certificate of occupancy.
21.2.3. Application. The owner, building contractor, or tenant of a building or parcel of land subject to the requirement of a certificate of occupancy shall apply to the building commissioner for a certificate of occupancy pursuant to the following requirements:
21.2.3.1. Concurrent with an application for a building permit, where applicable.
21.2.3.2. Prior to change in occupancy of a building or parcel of land, under circumstances where a building permit application is not required.
21.2.3.3. Prior to occupancy of a building, or portion therefor, which had been vacant and unoccupied.
21.2.3.4. Concurrent with an application for a business or liquor license as outlined under chapters 3 and 10 of the Village of Vernon Hills Code of Ordinances where a building permit application is not required.
21.2.4. Conditions and standards for issuance of a final certificate of occupancy. A certificate of occupancy shall only be issued by the building commissioner upon receipt of the final inspection reports certifying the building or parcel of land subject thereto is in compliance with all applicable provisions of the Village of Vernon Hills Code of Ordinances, Zoning Ordinance, applicable state laws, rules and regulations, developer and land use agreements, and all other permits or licenses required by the village.
21.2.5. Fees. Fees for all certificates of occupancy shall be computed as set forth in chapter 5, article XI of the Village of Vernon Hills Code of Ordinances.
21.2.6. Temporary certificate of occupancy.
21.2.6.1. Eligibility and application. The owner, building contractor, or tenant of a building or parcel of land which is not eligible for a certificate of occupancy, but which building or parcel will meet the eligibility requirements within 30 days or less of the date of application, may apply to the building commissioner for and obtain a temporary certificate of occupancy as hereinafter provided.
21.2.6.2. Term. Unless otherwise authorized by the building commissioner, the term of a temporary certificate of occupancy shall not extend for a period of more than 30 days. Exception: When inclement weather makes it impracticable to complete exterior site improvements between November 16 and May 14, the expiration date of a temporary certificate of occupancy shall be set at June 15. The building commissioner may extend this date if it is determined inclement weather justifies an extension.
21.2.6.3. Conditions and standards for issuance of a temporary certificate of occupancy. A temporary certificate of occupancy shall be issued by the building commissioner upon receipt of the final inspection reports certifying the building or parcel of land subject thereto, is in compliance with the following standards for issuance:
21.2.6.3.1. All applicable provisions of the Village of Vernon Hills Code of Ordinances, Zoning Ordinance, applicable state laws, rules and regulation, developer and land use agreements, fees, permits, licenses required by the village.
21.2.6.3.2. The building or parcel of land, when in the judgement of the building commissioner, will be the subject of a final certificate of occupancy within 30 days or less of the date of application for a temporary certificate of occupancy.
21.2.6.3.3. With respect to residential buildings, the interior and exterior of the building/unit must be complete.
21.2.6.3.4. In the sole discretion of the building commissioner, the building or parcel of land must be capable of being occupied without endangering the public health, safety, or welfare.
21.2.6.3.5. The submittal of a completed temporary certificate of occupancy application, fee, temporary certificate of occupancy agreement and cash performance deposit (where required).
21.2.6.4. Temporary certificate of occupancy cash performance deposit. In addition to the certificate fee, an applicant shall post a cash performance deposit. For each single-family dwelling/unit, the building permit completion bond shall become the cash performance deposit at the time the temporary certificate of occupancy is issued. For all other nonresidential uses, the cash performance deposit shall be equal to the value of the building and site improvements that remain to be completed, but in no case shall it be less than $2,000.00 or greater than $25,000.00. The cash performance deposit shall be forfeited at the rate of $500.00 per each 30 days beyond the expiration date of the temporary certificate of occupancy if the required improvements have not been completed and approved. If said improvements have been completed and approved prior to the expiration of the temporary certificate of occupancy, the cash performance deposit shall be refunded within three weeks from the date the final certificate of occupancy was issued.
21.2.6.5. Temporary certificate of occupancy agreement. The owner, building contractor, or tenant shall submit an agreement, on a village-approved form, acknowledging responsibility to satisfactorily complete the outstanding items and conditions necessary to secure a final certificate of occupancy on or before the expiration date of the temporary certificate of occupancy and further acknowledges that failure to comply shall result in the forfeiture of the cash performance deposit.
21.2.7. Display. The owner or tenant of a commercially occupied building or structure shall display the certificate of occupancy in the vicinity of the main entrance so that it is readily viewable from the interior of the building.
21.2.8. Penalty. The owner or tenant of a building or parcel of land occupied prior to the issuance of a final or temporary certificate of occupancy shall be assessed a penalty as specified in Chapter 25—Comprehensive Fees and Penalties.
(Ord. No. 2001-42, § I, 6-5-01; Ord. No. 2004-112, § XVII, 12-7-04)
21.3.1. Commission. The planning and zoning commission of the Village of Vernon Hills shall consist of seven members, all who shall be residents of the village, but not employees of the village. Each member shall be appointed by the village president with the advice and consent of the board of trustees. One of the members of said commission shall be appointed by the president as chairman, for a term of four years and shall hold his office as chairman until his successor is appointed. The remaining members shall be appointed for terms of four years. This commission may elect its own officers other than the chair and adopt its own rules regarding procedure. The village president shall have power to remove any member of said commission with the advice and consent of the village board. Vacancies in said commission shall be filled for the unexpired term of the member whose place for the appointment of such member has become vacant in the manner herein provided.
Terms for all members shall be for four years commencing on January 1, 2006.
21.3.2. Compensation. Members of the planning and zoning commission shall be compensated for attendance at each meeting. The rate of compensation shall be $75.00 per meeting for the chairman of the commission and $50.00 per meeting for all other members of the commission.
21.3.3. Consolidation with zoning board of appeals. The number of members of the planning and zoning commission shall correspond to the number of members of the zoning board of appeals as provided in section 21.4 of the Vernon Hills Zoning Ordinance of 1982, as amended. Members of the planning and zoning commission shall also serve as the members of the zoning board of appeals, and shall exercise the jurisdiction granted to the zoning board of appeals under section 21.4.3 of the Zoning Ordinance. The chairman of the planning and zoning commission shall also serve as the chairman of the zoning board of appeals for the term of his appointment as the chairman. Appointment to or resignation or removal from the planning and zoning commission shall constitute appointment to or resignation or removal from the zoning board of appeals.
(Ord. No. 2017-033, § 1, 4-18-17; Ord. No. 2021-133, § I, 11-16-21)
Editor's note— Ord. No. 2017-033, § 1, adopted April 18, 2017, repealed the former § 21.3 and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 2005-82, § I, adopted Dec. 20, 2005.
The word "board" when used in this section shall be construed to mean the board of appeals. The said board shall consist of seven members, all who shall be residents of the village, but not employees of the village. Each member shall be appointed by the village president, with the advice and consent of the board of trustees. One of the members of said board shall be designated by the village president as chairman of the board. The chairman, or in their absence the acting chairman, may administer oaths and compel the attendance of witnesses. The appointing authority shall have the power to remove any member of said board with the advice and consent of the village board. Vacancies upon said board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member.
Terms for all members shall be for four years commencing on January 1, 2006.
21.4.2. Meetings. All meetings of the board of appeals shall be held at the call of the chairman and at such times as such board may determine. All hearings conducted by said board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearing and other official actions. Findings of fact shall be included in the minutes of each case of a request for variation and the reasons for recommending or not recommending such variations shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall be filed immediately 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 this ordinance or with the Illinois Statutes in such case made and provided, and may select or appoint such officers as it deems necessary.
21.4.3. Jurisdiction.
21.4.3.1. Appeals from building commissioner. An appeal may be taken to the board of appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the building commissioner relative to the Vernon Hills Zoning Ordinance. Such appeal shall be taken within 45 days of the action complained of, by filing, with the officer from whom the appeal is taken and with the board of appeals, notice of appeal specifying the grounds therefor. The said officer from whom the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.
21.4.3.2. There is hereby excluded, however, from such jurisdiction of the zoning board of appeals, any appeal from a decision of the zoning administrator relative to any preannexation agreement entered into by the village, or with respect to special permits, terms and conditions for planned unit development, appeals for decisions concerning same being had only to the president and board of trustees of this village.
21.4.3.3. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building commissioner 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 which case 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, on notice to the building commissioner and on due cause shown.
21.4.3.4. The board shall select a reasonable time and place for the hearing and notice shall be given in accordance with the provisions of section 21.8. The board shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
21.4.3.5. The board may reverse or affirm wholly or partly or may modify or amend the order, requirement, decision or determination appealed from, to the extent and in the manner that the board may decide to be fitting and proper in the premises, and to that end the board shall also have all powers of the officer from whom the appeal is taken.
21.4.3.6. In considering all appeals, the concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building commissioner, or to decide in favor of the applicant on any matter upon which the board is authorized to render a decision.
21.4.3.7. The board of appeals shall have no authority or jurisdiction to determine or approve any variation from the requirements of any ordinance upon which the decision appealed from is based, such right being reserved to the corporate authorities and exercisable only by adoption of ordinances, and the zoning board of appeals shall not grant a variation to allow a use not permissible under the terms of this ordinance in the zoning district involved or any use expressly or by implication prohibited by the terms of this ordinance in said zoning district, nor shall the zoning board of appeals have the authority to alter or change the zoning ordinance or the zoning district map or the permitted uses contained therein.
21.4.3.8. No order of the board permitting the erection or alteration of a building shall be valid for a period longer than 12 months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
21.4.3.9. No order of the board permitting a use of a building or premises shall be valid for a period longer than six months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
21.4.3.10. The board of appeals shall also hear and decide all matters referred to it, or upon which it is required to pass, under the Vernon Hills Zoning Ordinance.
21.4.3.11. Reserved.
(Ord. No. 2001-42, § III, 6-5-01; Ord. No. 2005-81, § I, 12-20-05; Ord. No. 2021-133, § I, 11-16-21)
The power to determine and approve variations is hereby reserved to the corporate authorities of this village and shall be exercised only by the adoption of ordinances. The corporate authorities may determine and vary the application of regulations adopted by the Vernon Hills Zoning Ordinance, as amended, or other regulations adopted pursuant to Division 13 of the Illinois Municipal Code, provided that the same shall be in harmony with the general purpose and intent and in accordance with general or specific rules contained in such regulations, in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of those regulations relating to the use, construction, or alteration of buildings or structures, or the use of the land.
21.5.1. In any event, however, no variation shall be made by the corporate authorities specified without a public hearing before the zoning board of appeals, in accordance with the provisions of sections 21.4.3 and 21.8. In considering all proposed variations, the board of appeals shall, before making any recommendation to the corporate authorities for the grant of variation, in a specific case, first determine that the proposed variation would be in harmony with the general purpose of the Vernon Hills Zoning Ordinance and regulations thereunder, and only in cases where there are practical difficulties or particular hardship in the way of carrying out the use, construction or alteration of buildings or structures, or use of land. In its consideration of the standards of practical difficulties or particular hardship, the board of appeals shall require evidence that:
(1)
The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone; and
(2)
The plight of the owner is due to unique circumstances; and
(3)
The variation, if granted, will not alter the essential character of the locality.
A variation shall be permitted only if the evidence sustains each of the three conditions enumerated.
21.5.2. The board may recommend, and the corporate authorities 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 section and reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to carry out the general intent of this zoning ordinance.
21.5.3. The zoning board of appeals shall, as expeditiously as practical upon referral by the corporate authorities of [on] request for variation, hold all necessary hearings and shall transmit to the village clerk within 30 days from the date that the board reaches its recommendation and determination, the result thereof. The report and recommendation to the corporate authorities shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed use or variations, which shall remain a part of the permanent records of the board of appeals. The findings of fact shall specify the reason or reasons for recommendation for making of the variation. The terms of relief granted by ordinance shall be specifically set forth in a conclusion or statement separate from the findings of fact of the board of appeals. Property for which relief shall be granted by ordinance shall not be used in violation of the specific terms of the ordinance, unless uses are changed by further findings of fact and additional ordinances.
21.5.4. The corporate authorities shall act upon the recommendation of the board of appeals within 14 days of receipt thereof by the village clerk. Where a variation is to be made by ordinance upon report of the board of appeals, the corporate authorities by ordinance, without further public hearing, may adopt 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 board of appeals shall not be passed except upon the favorable vote of two-thirds of the corporate authorities of the municipality. In any event, however, no ordinance granting a variation shall be adopted, except upon the affirmative vote of two-thirds or more of the corporate authorities constituting a quorum at the meeting at which such report and recommendation are considered.
21.5.5. Any ordinance granting a variation shall provide that the variation granted shall be valid for a period of no more than 12 months, with respect to the erection or alteration of a building, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started within said period and proceeds to completion in accordance with the terms of the ordinance.
21.5.6. Any ordinance granting a variation with respect to permitting the use of a building or premises shall provide that the variation shall not be valid for a period longer than six months, unless such use is established within said period; provided, however, [that if] such use or permit is dependent upon the erection or alteration of a building, such ordinance shall continue in force and effect if a building permit for such erection or alteration is obtained within such period of time and such erection or alteration is started within such period of time and proceeds to completion in accordance with the terms of such ordinance.
21.5.7. Successive applications for the same relief shall not be submitted within any 12-month period.
21.5.8. Exceptions: During the consideration of an application for special use, a request for variation from the applicable regulations may be considered by the planning and zoning commission as a part of the public hearing. The commission, in making its motion regarding the special use, may recommend and the corporate authorities may impose such conditions and restrictions upon the premises benefited by a variation as may be reasonably necessary to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to carry out the general intent of the zoning ordinance.
(Ord. No. 680, § 1, 11-15-88; Ord. No. 2012-036, § 1(Exh. A), 6-19-12; Ord. No. 2018-159, § 1, 12-11-18)
21.6.1. Special uses may be proposed by the board of trustees, plan commission, by a person, firm, or corporation having a fee interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a fee interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application prescribed by the zoning administrator.
21.6.1.1. An application for a special use shall be filed with the zoning administrator and thereafter entered into the records of the next meeting of the planning and zoning commission.
21.6.1.2. The planning and zoning commission shall fix a reasonable time, not to exceed 60 days, for the hearing of the request for special use permit and give due notice to the applicant and publish the same as required by law. Notice of the proposed special use shall be given in accordance with the provisions of section 21.8.
21.6.1.3. The planning and zoning commission shall deliberate publicly upon the petition, within 30 days of the date of the hearing. The planning and zoning commission may, upon notice to all interested parties, postpone all decisions for another 30 days, but no longer.
21.6.1.4. Findings and recommendations of the planning and zoning commission shall be submitted to the board of trustees not later than 60 days following the public hearing. All findings and recommendations of the planning and zoning commission shall be subject to the provisions of Article Eighteen.
21.6.1.5. The corporate authorities, upon report of the planning and zoning commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable Illinois Statutes, or may refer it back to the planning and zoning commission for further consideration.
21.6.2. In case a written protest against any proposed special use, signed and acknowledged by owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across the alley therefrom, or by owners of 20 percent of the frontage directly opposite the frontage to be altered, is filed with the zoning administrator, the special use shall not be approved except on the favorable vote of two-thirds of all members of the board of trustees.
21.6.3. Where a use which is classified as a special use by this ordinance exists on the effective date of this ordinance, it shall be considered to be a lawful special use. Any use classified as special use in this manner will be recorded as such by the zoning administrator, and will be exempted from any fee for special use permits required elsewhere in this ordinance.
(Ord. No. 2018-159, § 1, 12-11-18)
21.7.1. The regulations imposed and the districts created under the authority of this ordinance may be amended, from time to time, by ordinance, in accordance with applicable Illinois Statutes. An amendment shall be granted by ordinance, or denied by the village board, only after a published hearing before the planning and zoning commission and a report of its findings and recommendations has been submitted to the village board.
21.7.2. Amendments may be proposed by the zoning administrator, village board, planning and zoning commission, or by any person, firm or corporation having a fee interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a fee 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.
21.7.2.1. An application for an amendment shall be filed with the village clerk and entered into the records of the first meeting thereafter of the village board.
21.7.2.2. A copy of such application shall thereafter be forwarded by the village board to the planning and zoning commission, with a request to hold a public hearing and submit to the village board a report of its findings and recommendations. Upon being advised of the date of hearing, the village clerk shall cause notice of the hearing to be published in a newspaper of general circulation in the village not less than 15 days nor more than 30 days prior to said hearings. Notice of the proposed amendment shall be given in accordance with the provisions of section 21.8.
21.7.2.3. The planning and zoning commission shall hold a hearing on such application for an amendment at such time and place as determined by the planning and zoning commission and as advertised by the village clerk. The hearing shall be conducted, and record of the proceedings shall be preserved, in such manner and according to such procedures as the planning and zoning commission by rule prescribes from time to time. Findings and recommendations of the commission shall be submitted to the village board not later than 60 days following the public hearing.
21.7.3. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the planning and zoning commission shall make findings based upon the evidence presented to it in each case, with respect to at least the following matters, and including the checklist analysis for zoning amendments adopted by the planning and zoning commission:
21.7.3.1. Existing uses of property within the general area of the property in question;
21.7.3.2. The zoning classification of property within the general area of property in question;
21.7.3.3. The suitability of the property in question to the uses permitted under the existing and proposed classifications;
21.7.3.4. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the date the property in question was placed in its present zoning classification;
21.7.3.5. Proposed uses of property within the general area of the property in question, as represented on the village comprehensive plan;
21.7.3.6. The parcel shall contain at least 200 feet of frontage or 25,000 square feet of area, or adjoin a parcel of land which bears the same zoning district classification as the proposed amendment.
21.7.4. The planning and zoning commission shall not recommend the adoption of the amendment, unless it finds that it is in the public interest and not solely in the interest of the applicant. The planning and zoning commission shall not recommend the adoption of an amendment changing the zoning classification [to] other than that requested by the applicant.
21.7.5. The village board, upon report of the planning and zoning commission and without further public hearing, may grant by ordinance or deny a proposed amendment, in accordance with applicable Illinois Statutes, or may refer it back to the planning and zoning commission for further consideration.
21.7.6. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, and a written protest against the proposed amendment is filed with the village clerk and is signed and acknowledged by the owners of 20 percent of the frontage immediately adjoining, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, an amendment shall not be passed except on a favorable vote of two-thirds the corporate authorities.
(Ord. No. 91-05, § I, 2-5-91; Ord. No. 2018-159, § 1, 12-11-18)
21.8.1. Where the purpose and effect of a proposed appeal, variation, special use or amendment is limited to a particular property:
(a)
Notice of a proposed appeal, variation, special use, or amendment shall be given to the person(s) to whom the current real estate tax bills are sent, as shown on the most recent Lake County real estate tax records, and to all commercial occupants in possession of premises for all lots any part of which lie within 250 feet of the property lines of the premises for which such action is sought, provided that the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250-foot requirement. If written notice is sent to a trust company or lending institution of record, the notice requirement of this section shall be deemed satisfied. A list of all such persons shall be supplied by the applicant to the village clerk along with a sworn affidavit by the applicant that the above procedures have been complied with.
(b)
Notice shall be given by the village's planning and zoning commission or zoning board of appeals of the proposed appeal, variation, special use or amendment. All notices shall be in writing and shall include the number, if any, assigned to the application, [and] the place, purpose, date, and time of such hearing. Notices shall be sent, by regular mail, to all listed property owners not more than 30 days nor less than 15 days in advance of such hearing. Notices shall include the address or location of the property for which the appeal, variance, special use, or amendment is sought, as well as a brief description of the nature of the proposed appeal, variation, special use, or amendment. Failure of a property owner to receive said notice shall not invalidate any action taken by the planning and zoning commission or zoning board of appeals.
21.8.2. Where text or general rezoning map amendments are initiated by the village affecting more than a particular property, only newspaper publication shall be required. Such publication shall occur not less than 15 days nor more than 30 days prior to the public hearing.
(Ord. No. 91-05, § I, 2-5-91; Ord. No. 2001-42, § II, 6-5-01; Ord. No. 2012-036, § 1(Exh. A), 6-19-12)
(a)
Sign required. A petitioner requesting a zoning hearing before the planning and zoning commission or the zoning board of appeals must post a sign on the subject property informing the general public of the upcoming hearing. Said signs can be obtained from the building department.
(b)
Location of sign.
(1)
Such sign shall be posted on the subject property at a location oriented to and readable from the nearest adjacent roadway. However, where a parcel abuts two or more roadways, one such sign oriented to and readable from each abutting roadway is required.
(2)
If no public road abuts thereon, the sign shall be placed on the property in question in such a position as may be most readily seen by the public. In addition to a sign placed on the property, an additional sign shall be placed within ten feet of the right-of-way of the nearest most-traveled road, as determined by the Building Commissioner of the Village of Vernon Hills, providing permission has been granted by the owner of said property.
(c)
Time of posting. Public notification signs shall be posted not less than ten days prior to a hearing and shall not be removed until after the public hearing has been completed unless otherwise directed to do so by the building commissioner or upon a majority vote of the village board. The petitioner shall remove all signs within 48 hours after the closing of the public hearing.
(d)
Form of sign required, deposit, maintenance, costs, and removal.
(1)
Said sign shall be obtained from the building department. Said sign shall read as follows:
NOTICE
PUBLIC HEARING FOR THIS PARCEL
WILL BE HELD
at the Village Hall Lower Level
290 Evergreen Drive
For more information call:
Village of Vernon Hills - 367-3700
(2)
The petitioner shall deposit with the village the sum as specified in Chapter 25—Comprehensive Fees and Penalties as a security deposit for each sign. Said deposit will be refunded to the petitioner when the sign is returned to the community development department.
(3)
Policing the signs is the responsibility of the petitioner. Signs removed or destroyed by vandalism, weather conditions, or other causes must be replaced by the petitioner within 48 hours.
(4)
All costs associated with public hearing notification signs are to be borne by the petitioner.
(5)
Failure to comply with this section may result in the cancellation of the petitioner's hearing.
(Ord. No. 557, § I, 10-14-86; Ord. No. 2004-112, § XVIII, 12-7-04)
ONE.- ADMINISTRATION
21.1.1. It shall be the duty of the zoning administrator to enforce this ordinance. The building commissioner of the Village of Vernon Hills is hereby designated the zoning administrator. The zoning administrator shall receive applications required by this ordinance, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. He shall, when requested by the village manager or board of trustees, or when the interests of the municipality so require, make investigations in connection with matters referred to in this ordinance and render written reports on the same. For the purpose of enforcing compliance with law, he shall issue such notices or orders as may be necessary.
21.1.2. Inspections shall be made by the zoning administrator or a duly appointed assistant or employee.
21.1.3. For carrying into effect its provisions, the zoning administration may adopt rules consistent with this ordinance.
21.1.4. The zoning administrator shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work, so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the zoning administrator.
21.1.5. The zoning administrator may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the engineer in fixing grades, of the chief of police in enforcing orders, of the village attorney in prosecuting violations, and of other officials.
21.2.1. Certificate of occupancy required. A certificate of occupancy shall be required as a condition of any person occupying or reoccupying a building or structure:
21.2.1.1. A building which has been subject of new construction.
21.2.1.2. A building, or portion thereof which has been subject of an expansion, addition, reconstruction.
21.2.1.3. A building, or portion thereof which has been subject to an alteration in excess of 25 percent of the existing floor area.
21.2.1.4. A building, or portion thereof, located in the B-1, COS-1, O-R&D, O-R&D-1, B-P, and PIB zoned districts, which is not used for residential purposes and is subject to a new occupancy, whether by owner or tenant.
21.2.1.5. A building subject to a liquor or other license as described under chapters 3 and 10 of the Village of Vernon Hills Code of Ordinances.
21.2.1.6. A parcel of land, unimproved by a building, which is used for a business.
21.2.1.7. A building which has been moved to another foundation on the same or any other parcel of property.
21.2.2. Prohibition. It shall be unlawful for any person to occupy a building, parcel of land, or portion thereof in the following circumstances:
21.2.2.1. Without having first obtained a certificate of occupancy where required, except where having obtained a temporary certificate of occupancy that has not expired or been terminated.
21.2.2.2. Following the expiration or revocation of a certificate of occupancy or temporary certificate of occupancy.
21.2.2.3. Contrary to the terms, conditions, and limitations of a certificate of occupancy or temporary certificate of occupancy.
21.2.3. Application. The owner, building contractor, or tenant of a building or parcel of land subject to the requirement of a certificate of occupancy shall apply to the building commissioner for a certificate of occupancy pursuant to the following requirements:
21.2.3.1. Concurrent with an application for a building permit, where applicable.
21.2.3.2. Prior to change in occupancy of a building or parcel of land, under circumstances where a building permit application is not required.
21.2.3.3. Prior to occupancy of a building, or portion therefor, which had been vacant and unoccupied.
21.2.3.4. Concurrent with an application for a business or liquor license as outlined under chapters 3 and 10 of the Village of Vernon Hills Code of Ordinances where a building permit application is not required.
21.2.4. Conditions and standards for issuance of a final certificate of occupancy. A certificate of occupancy shall only be issued by the building commissioner upon receipt of the final inspection reports certifying the building or parcel of land subject thereto is in compliance with all applicable provisions of the Village of Vernon Hills Code of Ordinances, Zoning Ordinance, applicable state laws, rules and regulations, developer and land use agreements, and all other permits or licenses required by the village.
21.2.5. Fees. Fees for all certificates of occupancy shall be computed as set forth in chapter 5, article XI of the Village of Vernon Hills Code of Ordinances.
21.2.6. Temporary certificate of occupancy.
21.2.6.1. Eligibility and application. The owner, building contractor, or tenant of a building or parcel of land which is not eligible for a certificate of occupancy, but which building or parcel will meet the eligibility requirements within 30 days or less of the date of application, may apply to the building commissioner for and obtain a temporary certificate of occupancy as hereinafter provided.
21.2.6.2. Term. Unless otherwise authorized by the building commissioner, the term of a temporary certificate of occupancy shall not extend for a period of more than 30 days. Exception: When inclement weather makes it impracticable to complete exterior site improvements between November 16 and May 14, the expiration date of a temporary certificate of occupancy shall be set at June 15. The building commissioner may extend this date if it is determined inclement weather justifies an extension.
21.2.6.3. Conditions and standards for issuance of a temporary certificate of occupancy. A temporary certificate of occupancy shall be issued by the building commissioner upon receipt of the final inspection reports certifying the building or parcel of land subject thereto, is in compliance with the following standards for issuance:
21.2.6.3.1. All applicable provisions of the Village of Vernon Hills Code of Ordinances, Zoning Ordinance, applicable state laws, rules and regulation, developer and land use agreements, fees, permits, licenses required by the village.
21.2.6.3.2. The building or parcel of land, when in the judgement of the building commissioner, will be the subject of a final certificate of occupancy within 30 days or less of the date of application for a temporary certificate of occupancy.
21.2.6.3.3. With respect to residential buildings, the interior and exterior of the building/unit must be complete.
21.2.6.3.4. In the sole discretion of the building commissioner, the building or parcel of land must be capable of being occupied without endangering the public health, safety, or welfare.
21.2.6.3.5. The submittal of a completed temporary certificate of occupancy application, fee, temporary certificate of occupancy agreement and cash performance deposit (where required).
21.2.6.4. Temporary certificate of occupancy cash performance deposit. In addition to the certificate fee, an applicant shall post a cash performance deposit. For each single-family dwelling/unit, the building permit completion bond shall become the cash performance deposit at the time the temporary certificate of occupancy is issued. For all other nonresidential uses, the cash performance deposit shall be equal to the value of the building and site improvements that remain to be completed, but in no case shall it be less than $2,000.00 or greater than $25,000.00. The cash performance deposit shall be forfeited at the rate of $500.00 per each 30 days beyond the expiration date of the temporary certificate of occupancy if the required improvements have not been completed and approved. If said improvements have been completed and approved prior to the expiration of the temporary certificate of occupancy, the cash performance deposit shall be refunded within three weeks from the date the final certificate of occupancy was issued.
21.2.6.5. Temporary certificate of occupancy agreement. The owner, building contractor, or tenant shall submit an agreement, on a village-approved form, acknowledging responsibility to satisfactorily complete the outstanding items and conditions necessary to secure a final certificate of occupancy on or before the expiration date of the temporary certificate of occupancy and further acknowledges that failure to comply shall result in the forfeiture of the cash performance deposit.
21.2.7. Display. The owner or tenant of a commercially occupied building or structure shall display the certificate of occupancy in the vicinity of the main entrance so that it is readily viewable from the interior of the building.
21.2.8. Penalty. The owner or tenant of a building or parcel of land occupied prior to the issuance of a final or temporary certificate of occupancy shall be assessed a penalty as specified in Chapter 25—Comprehensive Fees and Penalties.
(Ord. No. 2001-42, § I, 6-5-01; Ord. No. 2004-112, § XVII, 12-7-04)
21.3.1. Commission. The planning and zoning commission of the Village of Vernon Hills shall consist of seven members, all who shall be residents of the village, but not employees of the village. Each member shall be appointed by the village president with the advice and consent of the board of trustees. One of the members of said commission shall be appointed by the president as chairman, for a term of four years and shall hold his office as chairman until his successor is appointed. The remaining members shall be appointed for terms of four years. This commission may elect its own officers other than the chair and adopt its own rules regarding procedure. The village president shall have power to remove any member of said commission with the advice and consent of the village board. Vacancies in said commission shall be filled for the unexpired term of the member whose place for the appointment of such member has become vacant in the manner herein provided.
Terms for all members shall be for four years commencing on January 1, 2006.
21.3.2. Compensation. Members of the planning and zoning commission shall be compensated for attendance at each meeting. The rate of compensation shall be $75.00 per meeting for the chairman of the commission and $50.00 per meeting for all other members of the commission.
21.3.3. Consolidation with zoning board of appeals. The number of members of the planning and zoning commission shall correspond to the number of members of the zoning board of appeals as provided in section 21.4 of the Vernon Hills Zoning Ordinance of 1982, as amended. Members of the planning and zoning commission shall also serve as the members of the zoning board of appeals, and shall exercise the jurisdiction granted to the zoning board of appeals under section 21.4.3 of the Zoning Ordinance. The chairman of the planning and zoning commission shall also serve as the chairman of the zoning board of appeals for the term of his appointment as the chairman. Appointment to or resignation or removal from the planning and zoning commission shall constitute appointment to or resignation or removal from the zoning board of appeals.
(Ord. No. 2017-033, § 1, 4-18-17; Ord. No. 2021-133, § I, 11-16-21)
Editor's note— Ord. No. 2017-033, § 1, adopted April 18, 2017, repealed the former § 21.3 and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 2005-82, § I, adopted Dec. 20, 2005.
The word "board" when used in this section shall be construed to mean the board of appeals. The said board shall consist of seven members, all who shall be residents of the village, but not employees of the village. Each member shall be appointed by the village president, with the advice and consent of the board of trustees. One of the members of said board shall be designated by the village president as chairman of the board. The chairman, or in their absence the acting chairman, may administer oaths and compel the attendance of witnesses. The appointing authority shall have the power to remove any member of said board with the advice and consent of the village board. Vacancies upon said board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member.
Terms for all members shall be for four years commencing on January 1, 2006.
21.4.2. Meetings. All meetings of the board of appeals shall be held at the call of the chairman and at such times as such board may determine. All hearings conducted by said board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearing and other official actions. Findings of fact shall be included in the minutes of each case of a request for variation and the reasons for recommending or not recommending such variations shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall be filed immediately 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 this ordinance or with the Illinois Statutes in such case made and provided, and may select or appoint such officers as it deems necessary.
21.4.3. Jurisdiction.
21.4.3.1. Appeals from building commissioner. An appeal may be taken to the board of appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the building commissioner relative to the Vernon Hills Zoning Ordinance. Such appeal shall be taken within 45 days of the action complained of, by filing, with the officer from whom the appeal is taken and with the board of appeals, notice of appeal specifying the grounds therefor. The said officer from whom the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.
21.4.3.2. There is hereby excluded, however, from such jurisdiction of the zoning board of appeals, any appeal from a decision of the zoning administrator relative to any preannexation agreement entered into by the village, or with respect to special permits, terms and conditions for planned unit development, appeals for decisions concerning same being had only to the president and board of trustees of this village.
21.4.3.3. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building commissioner 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 which case 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, on notice to the building commissioner and on due cause shown.
21.4.3.4. The board shall select a reasonable time and place for the hearing and notice shall be given in accordance with the provisions of section 21.8. The board shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
21.4.3.5. The board may reverse or affirm wholly or partly or may modify or amend the order, requirement, decision or determination appealed from, to the extent and in the manner that the board may decide to be fitting and proper in the premises, and to that end the board shall also have all powers of the officer from whom the appeal is taken.
21.4.3.6. In considering all appeals, the concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building commissioner, or to decide in favor of the applicant on any matter upon which the board is authorized to render a decision.
21.4.3.7. The board of appeals shall have no authority or jurisdiction to determine or approve any variation from the requirements of any ordinance upon which the decision appealed from is based, such right being reserved to the corporate authorities and exercisable only by adoption of ordinances, and the zoning board of appeals shall not grant a variation to allow a use not permissible under the terms of this ordinance in the zoning district involved or any use expressly or by implication prohibited by the terms of this ordinance in said zoning district, nor shall the zoning board of appeals have the authority to alter or change the zoning ordinance or the zoning district map or the permitted uses contained therein.
21.4.3.8. No order of the board permitting the erection or alteration of a building shall be valid for a period longer than 12 months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
21.4.3.9. No order of the board permitting a use of a building or premises shall be valid for a period longer than six months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
21.4.3.10. The board of appeals shall also hear and decide all matters referred to it, or upon which it is required to pass, under the Vernon Hills Zoning Ordinance.
21.4.3.11. Reserved.
(Ord. No. 2001-42, § III, 6-5-01; Ord. No. 2005-81, § I, 12-20-05; Ord. No. 2021-133, § I, 11-16-21)
The power to determine and approve variations is hereby reserved to the corporate authorities of this village and shall be exercised only by the adoption of ordinances. The corporate authorities may determine and vary the application of regulations adopted by the Vernon Hills Zoning Ordinance, as amended, or other regulations adopted pursuant to Division 13 of the Illinois Municipal Code, provided that the same shall be in harmony with the general purpose and intent and in accordance with general or specific rules contained in such regulations, in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of those regulations relating to the use, construction, or alteration of buildings or structures, or the use of the land.
21.5.1. In any event, however, no variation shall be made by the corporate authorities specified without a public hearing before the zoning board of appeals, in accordance with the provisions of sections 21.4.3 and 21.8. In considering all proposed variations, the board of appeals shall, before making any recommendation to the corporate authorities for the grant of variation, in a specific case, first determine that the proposed variation would be in harmony with the general purpose of the Vernon Hills Zoning Ordinance and regulations thereunder, and only in cases where there are practical difficulties or particular hardship in the way of carrying out the use, construction or alteration of buildings or structures, or use of land. In its consideration of the standards of practical difficulties or particular hardship, the board of appeals shall require evidence that:
(1)
The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone; and
(2)
The plight of the owner is due to unique circumstances; and
(3)
The variation, if granted, will not alter the essential character of the locality.
A variation shall be permitted only if the evidence sustains each of the three conditions enumerated.
21.5.2. The board may recommend, and the corporate authorities 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 section and reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to carry out the general intent of this zoning ordinance.
21.5.3. The zoning board of appeals shall, as expeditiously as practical upon referral by the corporate authorities of [on] request for variation, hold all necessary hearings and shall transmit to the village clerk within 30 days from the date that the board reaches its recommendation and determination, the result thereof. The report and recommendation to the corporate authorities shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed use or variations, which shall remain a part of the permanent records of the board of appeals. The findings of fact shall specify the reason or reasons for recommendation for making of the variation. The terms of relief granted by ordinance shall be specifically set forth in a conclusion or statement separate from the findings of fact of the board of appeals. Property for which relief shall be granted by ordinance shall not be used in violation of the specific terms of the ordinance, unless uses are changed by further findings of fact and additional ordinances.
21.5.4. The corporate authorities shall act upon the recommendation of the board of appeals within 14 days of receipt thereof by the village clerk. Where a variation is to be made by ordinance upon report of the board of appeals, the corporate authorities by ordinance, without further public hearing, may adopt 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 board of appeals shall not be passed except upon the favorable vote of two-thirds of the corporate authorities of the municipality. In any event, however, no ordinance granting a variation shall be adopted, except upon the affirmative vote of two-thirds or more of the corporate authorities constituting a quorum at the meeting at which such report and recommendation are considered.
21.5.5. Any ordinance granting a variation shall provide that the variation granted shall be valid for a period of no more than 12 months, with respect to the erection or alteration of a building, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started within said period and proceeds to completion in accordance with the terms of the ordinance.
21.5.6. Any ordinance granting a variation with respect to permitting the use of a building or premises shall provide that the variation shall not be valid for a period longer than six months, unless such use is established within said period; provided, however, [that if] such use or permit is dependent upon the erection or alteration of a building, such ordinance shall continue in force and effect if a building permit for such erection or alteration is obtained within such period of time and such erection or alteration is started within such period of time and proceeds to completion in accordance with the terms of such ordinance.
21.5.7. Successive applications for the same relief shall not be submitted within any 12-month period.
21.5.8. Exceptions: During the consideration of an application for special use, a request for variation from the applicable regulations may be considered by the planning and zoning commission as a part of the public hearing. The commission, in making its motion regarding the special use, may recommend and the corporate authorities may impose such conditions and restrictions upon the premises benefited by a variation as may be reasonably necessary to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to carry out the general intent of the zoning ordinance.
(Ord. No. 680, § 1, 11-15-88; Ord. No. 2012-036, § 1(Exh. A), 6-19-12; Ord. No. 2018-159, § 1, 12-11-18)
21.6.1. Special uses may be proposed by the board of trustees, plan commission, by a person, firm, or corporation having a fee interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a fee interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application prescribed by the zoning administrator.
21.6.1.1. An application for a special use shall be filed with the zoning administrator and thereafter entered into the records of the next meeting of the planning and zoning commission.
21.6.1.2. The planning and zoning commission shall fix a reasonable time, not to exceed 60 days, for the hearing of the request for special use permit and give due notice to the applicant and publish the same as required by law. Notice of the proposed special use shall be given in accordance with the provisions of section 21.8.
21.6.1.3. The planning and zoning commission shall deliberate publicly upon the petition, within 30 days of the date of the hearing. The planning and zoning commission may, upon notice to all interested parties, postpone all decisions for another 30 days, but no longer.
21.6.1.4. Findings and recommendations of the planning and zoning commission shall be submitted to the board of trustees not later than 60 days following the public hearing. All findings and recommendations of the planning and zoning commission shall be subject to the provisions of Article Eighteen.
21.6.1.5. The corporate authorities, upon report of the planning and zoning commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable Illinois Statutes, or may refer it back to the planning and zoning commission for further consideration.
21.6.2. In case a written protest against any proposed special use, signed and acknowledged by owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across the alley therefrom, or by owners of 20 percent of the frontage directly opposite the frontage to be altered, is filed with the zoning administrator, the special use shall not be approved except on the favorable vote of two-thirds of all members of the board of trustees.
21.6.3. Where a use which is classified as a special use by this ordinance exists on the effective date of this ordinance, it shall be considered to be a lawful special use. Any use classified as special use in this manner will be recorded as such by the zoning administrator, and will be exempted from any fee for special use permits required elsewhere in this ordinance.
(Ord. No. 2018-159, § 1, 12-11-18)
21.7.1. The regulations imposed and the districts created under the authority of this ordinance may be amended, from time to time, by ordinance, in accordance with applicable Illinois Statutes. An amendment shall be granted by ordinance, or denied by the village board, only after a published hearing before the planning and zoning commission and a report of its findings and recommendations has been submitted to the village board.
21.7.2. Amendments may be proposed by the zoning administrator, village board, planning and zoning commission, or by any person, firm or corporation having a fee interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a fee 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.
21.7.2.1. An application for an amendment shall be filed with the village clerk and entered into the records of the first meeting thereafter of the village board.
21.7.2.2. A copy of such application shall thereafter be forwarded by the village board to the planning and zoning commission, with a request to hold a public hearing and submit to the village board a report of its findings and recommendations. Upon being advised of the date of hearing, the village clerk shall cause notice of the hearing to be published in a newspaper of general circulation in the village not less than 15 days nor more than 30 days prior to said hearings. Notice of the proposed amendment shall be given in accordance with the provisions of section 21.8.
21.7.2.3. The planning and zoning commission shall hold a hearing on such application for an amendment at such time and place as determined by the planning and zoning commission and as advertised by the village clerk. The hearing shall be conducted, and record of the proceedings shall be preserved, in such manner and according to such procedures as the planning and zoning commission by rule prescribes from time to time. Findings and recommendations of the commission shall be submitted to the village board not later than 60 days following the public hearing.
21.7.3. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the planning and zoning commission shall make findings based upon the evidence presented to it in each case, with respect to at least the following matters, and including the checklist analysis for zoning amendments adopted by the planning and zoning commission:
21.7.3.1. Existing uses of property within the general area of the property in question;
21.7.3.2. The zoning classification of property within the general area of property in question;
21.7.3.3. The suitability of the property in question to the uses permitted under the existing and proposed classifications;
21.7.3.4. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the date the property in question was placed in its present zoning classification;
21.7.3.5. Proposed uses of property within the general area of the property in question, as represented on the village comprehensive plan;
21.7.3.6. The parcel shall contain at least 200 feet of frontage or 25,000 square feet of area, or adjoin a parcel of land which bears the same zoning district classification as the proposed amendment.
21.7.4. The planning and zoning commission shall not recommend the adoption of the amendment, unless it finds that it is in the public interest and not solely in the interest of the applicant. The planning and zoning commission shall not recommend the adoption of an amendment changing the zoning classification [to] other than that requested by the applicant.
21.7.5. The village board, upon report of the planning and zoning commission and without further public hearing, may grant by ordinance or deny a proposed amendment, in accordance with applicable Illinois Statutes, or may refer it back to the planning and zoning commission for further consideration.
21.7.6. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, and a written protest against the proposed amendment is filed with the village clerk and is signed and acknowledged by the owners of 20 percent of the frontage immediately adjoining, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, an amendment shall not be passed except on a favorable vote of two-thirds the corporate authorities.
(Ord. No. 91-05, § I, 2-5-91; Ord. No. 2018-159, § 1, 12-11-18)
21.8.1. Where the purpose and effect of a proposed appeal, variation, special use or amendment is limited to a particular property:
(a)
Notice of a proposed appeal, variation, special use, or amendment shall be given to the person(s) to whom the current real estate tax bills are sent, as shown on the most recent Lake County real estate tax records, and to all commercial occupants in possession of premises for all lots any part of which lie within 250 feet of the property lines of the premises for which such action is sought, provided that the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250-foot requirement. If written notice is sent to a trust company or lending institution of record, the notice requirement of this section shall be deemed satisfied. A list of all such persons shall be supplied by the applicant to the village clerk along with a sworn affidavit by the applicant that the above procedures have been complied with.
(b)
Notice shall be given by the village's planning and zoning commission or zoning board of appeals of the proposed appeal, variation, special use or amendment. All notices shall be in writing and shall include the number, if any, assigned to the application, [and] the place, purpose, date, and time of such hearing. Notices shall be sent, by regular mail, to all listed property owners not more than 30 days nor less than 15 days in advance of such hearing. Notices shall include the address or location of the property for which the appeal, variance, special use, or amendment is sought, as well as a brief description of the nature of the proposed appeal, variation, special use, or amendment. Failure of a property owner to receive said notice shall not invalidate any action taken by the planning and zoning commission or zoning board of appeals.
21.8.2. Where text or general rezoning map amendments are initiated by the village affecting more than a particular property, only newspaper publication shall be required. Such publication shall occur not less than 15 days nor more than 30 days prior to the public hearing.
(Ord. No. 91-05, § I, 2-5-91; Ord. No. 2001-42, § II, 6-5-01; Ord. No. 2012-036, § 1(Exh. A), 6-19-12)
(a)
Sign required. A petitioner requesting a zoning hearing before the planning and zoning commission or the zoning board of appeals must post a sign on the subject property informing the general public of the upcoming hearing. Said signs can be obtained from the building department.
(b)
Location of sign.
(1)
Such sign shall be posted on the subject property at a location oriented to and readable from the nearest adjacent roadway. However, where a parcel abuts two or more roadways, one such sign oriented to and readable from each abutting roadway is required.
(2)
If no public road abuts thereon, the sign shall be placed on the property in question in such a position as may be most readily seen by the public. In addition to a sign placed on the property, an additional sign shall be placed within ten feet of the right-of-way of the nearest most-traveled road, as determined by the Building Commissioner of the Village of Vernon Hills, providing permission has been granted by the owner of said property.
(c)
Time of posting. Public notification signs shall be posted not less than ten days prior to a hearing and shall not be removed until after the public hearing has been completed unless otherwise directed to do so by the building commissioner or upon a majority vote of the village board. The petitioner shall remove all signs within 48 hours after the closing of the public hearing.
(d)
Form of sign required, deposit, maintenance, costs, and removal.
(1)
Said sign shall be obtained from the building department. Said sign shall read as follows:
NOTICE
PUBLIC HEARING FOR THIS PARCEL
WILL BE HELD
at the Village Hall Lower Level
290 Evergreen Drive
For more information call:
Village of Vernon Hills - 367-3700
(2)
The petitioner shall deposit with the village the sum as specified in Chapter 25—Comprehensive Fees and Penalties as a security deposit for each sign. Said deposit will be refunded to the petitioner when the sign is returned to the community development department.
(3)
Policing the signs is the responsibility of the petitioner. Signs removed or destroyed by vandalism, weather conditions, or other causes must be replaced by the petitioner within 48 hours.
(4)
All costs associated with public hearing notification signs are to be borne by the petitioner.
(5)
Failure to comply with this section may result in the cancellation of the petitioner's hearing.
(Ord. No. 557, § I, 10-14-86; Ord. No. 2004-112, § XVIII, 12-7-04)