A.   Zoning Officer: The office of the zoning officer is established and the building inspector or other person appointed by the corporate authorities shall be the zoning officer. The zoning officer shall administer and enforce the provisions of this title and shall:

      1.   Issue all zoning certificates and make and maintain records thereof;

      2.   Issue all certificates of occupancy and make and maintain records thereof;

      3.   Issue and renew where applicable all temporary use permits and maintain records thereof;

      4.   Issue all conditional use permits granted by the village and make and maintain records thereof;

      5.   Conduct inspections as prescribed by this title and such other inspections as are necessary to ensure compliance with the various provisions of this title;

      6.   Make a determination from public records of sufficient information concerning nonconformance to properly enforce this title;

      7.   Maintain in the offices of the village the official copy of the zoning map as provided in section 10-3-5 of this title;

      8.   Perform such other duties as are assigned by this title;

      9.   Perform such other duties as are assigned from time to time by the village board.

   B.   Zoning Board Of Appeals 1 :

      1.   Creation And Membership: The zoning board of appeals of the village, as created in accordance with the statutes of the state of Illinois 2 , is the zoning board referred to in this title.

      2.   Jurisdiction: The zoning board shall hold public hearings on request for conditional use permits, amendments to this title and variations and appeals and shall make reports and recommendations to the village board.

      3.   Meetings And Rules: All meetings of the zoning board shall be held at the call of the chairman and at such times as the zoning board may determine. All meetings conducted by the board shall be open to the public. Any person may appear and testify at a hearing either in person or by a duly authorized agent or attorney. The chairman, if absent or the acting chairman, may administer oaths and compel the attendance of witnesses. The zoning 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 hearings and other official actions. A copy of every rule or regulation, every amendment and every order, requirement, decision or determination of the zoning board shall be filed immediately in the office of the clerk and shall be a public record. The zoning board shall adopt its own rules and procedures not in conflict with this title or with the applicable Illinois statutes. (Ord. 91-341, 4-2-1991)

      4.   Terms Of Office: The zoning board of appeals shall consist of seven (7) members who are appointed by the village president subject to confirmation by the village board. Members are appointed for five (5) year terms after the expiration of the initial terms prescribed by law. (Ord. 2002-603, 6-4-2002)

   C.   Plan Commission: The Plan Commission is the Plan Commission of the Village. The Plan Commission shall have the following powers and duties under this Title:

      1.   Initially seven (7) members are appointed. Three (3) members are appointed for a one-year term. Appointments are made in May by the Village President after consultation with the Village Board. After the initial term expires, members are then appointed for only two (2) year terms.

      2.   Establish rules of procedures as necessary to the performance of its functions.

      3.   Review, modify and recommend approval or disapproval of planned unit development and report same to the Village Board.

      4.   Review this Title and suggest amendments at least every five (5) years. (Ord. 91-341, 4-2-1991)

The following regulations shall govern the issuance of permits and certificates:

   A.   Zoning Certificates: Upon request and the submission of a survey, legal description or other acceptable and accurate description of the property in question the Zoning Officer shall issue a zoning certificate. Such certificate shall indicate the date, the property and zoning classification including any variation, conditional use or other regulation, condition or zoning restriction applicable to the development and use of the property.

   B.   Conditional Use Permits: Upon action of the Village Board approving a conditional use the Zoning Officer shall issue to the owner a conditional use permit which shall include:

      1.   Date.

      2.   The location of the property.

      3.   The zoning classification.

      4.   All conditions on the use and development of the property as approved by the Village Board.

      5.   A certified copy of any approved development plan, preliminary development plans, site plans or other plans or drawings as approved by the Village Board.

   C.   Variance: Upon action of the Village Board approving a variance, the Zoning Officer shall issue a permit which shall include:

      1.   Date.

      2.   Property description.

      3.   The restriction to be varied and the extent of variation allowed.

   D.   Temporary Use Permits: Upon action of the Village Board approving a temporary use, the Zoning Officer shall issue a temporary use permit including:

      1.   Date of issuance.

      2.   Property description or other accurate location.

      3.   The use permitted.

      4.   Beginning date and closing date.

      5.   Any other conditions of operation as approved by the Village Board.

   E.   Building Permits: Prior to the issuance of any building permit, the Zoning Officer shall determine the zoning classification of the property in question and shall either affix a zoning certificate to such building permit or shall show such applicable zoning information on the face thereof. No building permit shall issue except in conformance with the requirements of this Title.

   F.   Occupancy Permits: Prior to the issuance of any occupancy permit, the Zoning Officer shall determine the zoning classification of the property in question and shall either affix a zoning certificate to such occupancy permit or shall show such applicable zoning information on the face thereof. No occupancy permit shall issue except in conformance with the requirements of this Title.

   G.   Denials: Where the Village Board fails to approve an application or petition, the Zoning Officer shall notify the applicant or petitioner in writing. (Ord. 91-341, 4-2-1991)

   A.   General Provisions: The Zoning Officer shall interpret this Title strictly and in accordance with the standards set forth below. Decisions of the Zoning Officer shall be subject to appeal as provided herein:

      1.   Minimum Requirements: In the interpretation and application of this Title, the provisions shall be held to be minimum requirements for the promotion and protection of the public health, safety, morals, comfort and welfare.

      2.   Overlapping Or Contradictory Regulations: Whenever a provision of this Title or any other provisions of law, whether set forth in this Title or established by any other ordinance, regulations statute or rule or any kind, imposes overlapping or contradictory regulations or contains any restrictions covering any of the same subject matter, the provision which is more restrictive or which imposes higher standards or requirements shall control.

   B.   Existing Building Permits: Nothing in this Title shall be deemed to require any change in the plans, construction or designated use of any building or other structure if a building permit for such building or other structure was lawfully issued prior to the effective date of the relevant portion of this Title; and such permit has not, by its own terms, expired prior to such effective date; and actual construction pursuant to such permit was begun prior to the effective date of the Ordinance codified in this Title and has been diligently carried on.

   C.   Existing Private Agreements: This Title is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship. If the regulations of this Title are more restrictive or impose higher standards or requirements than any such easement, covenant or other private agreement or legal relationship, the regulations of this Title shall control.

   D.   Appeals: Any person aggrieved by a decision of the Zoning Officer in the interpretation of this Title may appeal the decision to the Village Board. The Village Board shall decide such appeals only upon receipt of a written report and recommendation from the Zoning Board of Appeals.

   A.   Conditional Use Permits: Except for specific procedures established in Section 10-5-5 of this Title, the following procedures shall be used in issuing all conditional use permits:

      1.   Public Hearing: Upon application, the Zoning Board shall schedule a public hearing after giving fifteen (15) days' notice as provided by law.

      2.   Recommendations: The Zoning Board may recommend approval or disapproval of the petition and may recommend that conditions be imposed consistent with the standards of Section 10-5-5 of this Title.

      3.   Issuance Of Permit: Upon receipt of the report and recommendation by the Zoning Board, the Village Board shall either approve or disapprove the application, and where approved shall establish the specific conditions under which the application is approved. If the Village Board approves the application, the Zoning Officer shall issue the conditional use permit subject to all applicable rules, regulations and conditions.

      4.   Validity Of Plans: All approved plans, conditions, restrictions and rules made a part of the conditional use permit shall constitute certification on the part of the applicant that the proposed use shall conform to such regulations at all times.

      5.   Time Limit And Notification: All applications for conditional use permits shall be decided within sixty (60) days of the date of the public hearing and the applicant shall be provided with either a conditional use permit or written notice of the denial.

   B.   Variations: It is the intent of this Title to use the variation only to modify the application of this Title to achieve a parity among properties similarly located and classified. Specifically, it is to be used to overcome some exceptional physical condition which poses practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his property as intended by this Title.

      1.   Application: After denial of a building permit by the Zoning Officer, a property owner may apply to the Zoning Board for a variation, using forms obtainable from the Zoning Officer.

      2.   Public Hearing: Upon receipt of an application and fee, the Zoning Board shall hold a public hearing after giving fifteen (15) days' notice as provided by law. The Zoning Board shall consider and make recommendations to the Village Board on all applications for variations within thirty (30) days of such public hearing. The Village Board shall decide all applications for variations within thirty (30) days after transmittal from the Zoning Board.

      3.   Standards For Variations: The Village shall grant a variation whenever, and only when, it shall have determined, recorded in writing and placed in its records on forms to be provided by the Zoning Officer, that all of the following conditions have been met:

         a.   That the variation does not permit a use otherwise excluded from the particular zone in which requested.

         b.   That special circumstances or conditions such as exceptional narrowness, topography or siting, fully described in the report of the Zoning Board, apply to the land for which a variation is sought and that those conditions do not apply generally in the zone.

         c.   That special circumstances or conditions have not resulted from any act of the applicant subsequent to the adoption of this Title, whether or not a violation of the provisions thereof.

         d.   That, for reasons fully set forth in the report of the Zoning Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this Title results in the loss of any reasonable use of land. Mere loss in value shall not justify a variation; there must be a deprivation of beneficial use of land.

         e.   That the variation granted is the minimum adjustment necessary for the reasonable use of the land.

         f.   That the granting of any variation is in harmony with the general purposes and intent of this Title and will not be injurious to the neighborhood, detrimental to the public welfare or in conflict with the Comprehensive Plan for development of the Village.

   C.   Amendments: This Title may be amended from time to time as conditions warrant, subject to the following conditions:

      1.   Application: An application for a proposed amendment shall be filed with the Zoning Board, using forms available from the Zoning Officer. Amendments to rezone any property may be instituted by the owner of the property, an appropriate governmental agency or the Village Board.

      2.   Public Hearing: Upon application, the Zoning Board, after giving fifteen (15) days' notice as provided by law, shall schedule a public hearing. The Zoning Board shall consider and make recommendation on all proposed amendments, taking into account:

         a.   The testimony at the hearing;

         b.   A site inspection of the property in question;

         c.   The recommendations from interested official bodies; and

         d.   The standards provided below.

      3.   Report To Village Board And Voting Requirements: The Zoning Board shall make a report to the Village Board. No amendment shall be passed except by a majority vote of all members of the Village Board or as otherwise provided by statute.

      4.   Standards For Amendments: A proposed amendment shall be considered on its own merits using the following criteria as a guide:

         a.   Text Or Map Amendment: The following conditions shall be met for all amendments:

            (1)   The proposed amendment shall correct an error or meet the challenge of changing conditions in the area and the zones affected;

            (2)   The proposed amendment shall be consistent with the intent of this Title and with its various provisions;

            (3)   The proposed amendment shall not be detrimental to the development of the Village.

         b.   Map Amendments: In addition to the above conditions, the following shall be met for all map changes:

            (1)   Every use permitted under the new classifications must be a suitable use for the further development of the area in the vicinity of the rezoning and must be compatible with uses already developed in the vicinity; and

            (2)   Adequate public facilities, sewer and water lines, other needed services of facilities must exist or must be capable of being provided prior to the development of the uses which would be permitted on the property if it were reclassified. (Ord. 91-341, 4-2-1991)

In addition to all other notices prescribed by the Village Code or otherwise required by law, properties which are the subject of a zoning petition requiring a public hearing before the Plan Commission or Zoning Board of Appeals, such as zoning map amendments, variances, or conditional uses, shall be posted with a sign or signs indicating that a zoning petition is pending before the Village which shall have the following information:

   A.   Name of applicant.

   B.   Property address.

   C.   Zoning change requested.

   D.   Time, date, and place of public hearing.

The sign shall be installed by the Village not less than fifteen (15) days nor more than thirty (30) days prior to the public hearing. The sign shall be approximately two feet by three feet (2' x 3') or such other size as may be approved from time to time by the Village. The applicant shall pay to the Village seventy five dollars ($75.00) per sign to defray the cost of creating, installing, and removing the sign. A sign shall be installed along each public street frontage and additional signs shall be posted in the discretion of the Village if the frontage distance exceeds one-fourth (1/4) mile, provided that only one sign shall be required for single-family lots which are corner lots on two (2) public streets. (Ord. 98-510, 9-1-1998)

Any violation of this Title shall subject the violator to the penalties set forth in Section 1-4-1 of this Code. For the purposes of this Title, a person shall mean and include an individual, corporation, partnership, association or any other legal entity. (Ord. 91-341, 4-2-1991; amd. 1996 Code)