(a)

The office of the Zoning Officer is established and the Building Inspector is designated as the Zoning Officer.

(b)

The Zoning Officer shall administer and enforce the provisions of this chapter 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 make and maintain records thereof;

(4)

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

(5)

Maintain and keep current the Village Zoning Map and record of amendments thereof;

(6)

Conduct inspections as prescribed by the Zoning Code and such other inspections as are necessary to ensure compliance with the various provisions of the Zoning Code;

(7)

Perform such other duties as are assigned to him by the Zoning Code;

(8)

Make a determination from public records of sufficient information concerning nonconformances to properly enforce the Zoning Code.

(1978 Code, § 5-5-1)

(a)

The Plan Commission shall be appointed by the President with the advice and consent of the Board of Trustees in accordance with the statutes in such case made and provided.

(b)

The Plan Commission shall have the following duties under the Zoning Code:

(1)

Establish rules or procedure as necessary to the performance of its functions;

(2)

Review, modify and recommend approval or disapproval of development plans;

(3)

Study and report on all proposed amendments to the Zoning Code, review the Zoning Code annually and suggest amendments.

(1978 Code, § 5-5-2)

(a)

This Zoning Code and Map shall be enforced by the Zoning Officer.

(b)

Before any building or other structure, or part thereof, shall be erected, constructed, reconstructed, enlarged, moved or structurally altered, and before the use of any building, structure or land is changed within the village, a zoning certificate shall be obtained from the Zoning Officer stating that such action complies with the Village Zoning Code.

(1978 Code, § 5-5-3)

(a)

Establishment. The locations and boundaries of the zones established by the Zoning Code shall be shown on a map designated Official Zoning Map of Wauconda, Illinois, bearing the same date of passage as this Zoning Code.

(1)

Unclassified lands. It is the intent of the Zoning Code that every part of the area regulated be included in one of the zones established. Any land located within the village not shown to be included in a zone on the Official Zoning Map shall be deemed to be in the R 1 Zone.

(2)

Annexations and additional area. Any addition made to the area regulated by the Zoning Code by annexation or otherwise shall be automatically classified in the R1 Zone. The R1 Zone is a higher restrictive Zone than the AG Agricultural Zone.

(b)

Interpretation. The following rules shall be used by the Zoning Officer to determine the precise location of any zone boundary shown on the Official Zoning Map:

(1)

Boundaries shown as following or approximately following the village limits, or platted lot lines or other property lines or section lines, half-section lines or quarter-section lines, shall be construed as following such lines;

(2)

Boundaries shown as following, or approximately following, streets or railroad lines shall be construed as following the center lines of such streets or railroad rights-of-way;

(3)

Boundaries shown as following or approximately following shore lines of any lakes shall be construed as following mean high water lines of such lakes, and, in the event of change in the mean high water line, shall be construed as moving with the actual mean high water line;

(4)

Boundaries shown as following or approximately following the center lines of streams, rivers or other continuously flowing watercourses shall be construed as following the channel center line of such watercourses taken at mean low, water, and in the event of a natural change in the location of such streams, rivers or other watercourses the zone boundary shall be construed as moving with the channel center line;

(5)

Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in subsections (b)(1)through (4) above shall be construed as being parallel to such features and at such distances therefrom as are shown on the Map. Distances not specifically indicated on the Map shall be determined by the scale of the Map.

(c)

Changes. If by amendment to the Zoning Code, any zone boundary as shown on the Official Zoning Map or any other matter shown thereon is changed by action of the Village Board, such change shall be promptly indicated on the Official Zoning Map by the Zoning Officer, together with the date of passage of the amendment and sufficient written description to give a precise understanding of the change. Every change shall be certified by the Village Clerk.

(d)

Inspection. An up-to-date copy of the Official Zoning Map shall be available for public inspection in the village office at all times the office is regularly open for business.

(e)

Publication. Prior to April 1 each year, maps showing zoning shall be made available for public purchase. The maps shall show the zone boundaries and such other information as is necessary to give a clear understanding of the zones created by the Zoning Code and subsequent amendments as of December 31 of the year preceding publication.

(1978 Code, § 5-5-4; Ord. 75-O-12, passed 5-6-1975; Am. Ord. 78-ZO-18, passed 7-18-1978)

(a)

General provisions. The Zoning Officer shall interpret the Zoning Code strictly and in accordance with the standards set forth below. His decisions shall be subject to appeal as provided herein.

(1)

Minimum requirements. In the interpretation and application of the Zoning Code, 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 the Zoning Code or any other provisions of law, whether set forth in the Zoning Code or established by any other ordinance, regulation, statute or rule of 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 permits and agreements.

(1)

Building permits. Nothing in the Zoning Code 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 the Zoning Code; 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 and has been diligently carried on.

(2)

Occupancy permits. Upon completion of any building or other structure in accordance with the above requirements and prior to occupancy, a certificate of occupancy is required for the use originally designated. The building or other structure and its use shall be subject to all the requirements of the Zoning Code and in particular to sections 155.075 et seq., where applicable.

(3)

Existing private agreements. The Zoning Code is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship. If the regulations of the Zoning Code are more restrictive or impose higher standards or requirements than any such easement, covenant or other private agreement or legal relationship, the regulations of the Zoning Code shall control.

(1978 Code, § 5-5-5)

(a)

Conditional use permits. Except for specific procedures established in sections 155.040 et seq., the following procedure shall be used in issuing all conditional use permits.

(1)

Public hearing and posting of the property. Upon application, the Zoning Board, after giving notice not less than 15 days nor more than 30 days before the date of hearing as provided by law, shall schedule a public hearing. In addition to the aforesaid public notice, the Zoning Enforcement Officer shall furnish to the applicant four signs prepared by the Zoning Enforcement Officer, which signs shall contain the following language or language substantially similar reading as follows: This property is the subject of a pending zoning hearing. The signs shall be affixed to the property in at least four corners and shall be so placed that they will be visible from the nearest public sidewalks or public way; provided that the Zoning Enforcement Officer may authorize the posting of less than four signs if, in his opinion, certain signs cannot be visible from such locations. The Zoning Board shall consider and make recommendations 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.

(2)

Recommendations. The Zoning Board may recommend approval or disapproval of the petition and may recommend that conditions be imposed consistent with the standards in sections 155.040 et seq.

(3)

Issuance of permit. Upon completion of the necessary application and hearing 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 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, except as provided in sections 155.040 et seq.

(b)

Amendments. The Zoning Code 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 may also institute an amendment to the Zoning Title.

(2)

Public hearing and posting of the property. Upon application, the Zoning Board, after giving notice not less than 15 days nor more than 30 days before the date of hearing as provided by law, shall schedule a public hearing. In addition to the aforesaid public notice, the Zoning Enforcement Officer shall furnish to the applicant four signs prepared by the Zoning Enforcement Officer, which signs shall contain the following language or language substantially similar reading as follows: This property is the subject of a pending zoning hearing. The signs shall be affixed to the property in at least four corners and shall be so placed that they will be visible from the nearest public sidewalk or public way; provided that the Zoning Enforcement Officer may authorize the posting of less than four signs if, in his opinion, certain signs cannot be visible from such locations. The Zoning Board shall consider and make recommendations 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. 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. In the following cases, no amendment shall be passed except by the favorable vote of 2/3 of all members of the Village Board. If a written protest against the proposed amendment is filed with the Village Clerk, signed and acknowledged by the owners of 20 percent or more of:

a.

The frontage proposed to be altered; or

b.

The frontage immediately adjoining or across an alley therefrom; or

c.

The frontage directly opposite the frontage proposed to be altered.

(4)

Time limit. All proposed amendments shall be acted upon by the Village Board within 60 days of the public hearing.

(5)

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 some changing conditions in the area and the zones affected;

2.

The proposed amendment shall be consistent with the intent of the Zoning Code and with its various provisions;

3.

The proposed amendment shall not be detrimental to the development of the municipality.

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 classification 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 or 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. 75-O-12, passed 5-6-1975; 1978 Code, § 5-5-6; ; Ord. 78-ZO-18, passed 7-18-1978)

A zoning application fee shall be paid, prior to the acceptance of a zoning application by the village, and shall be in the amount as established and modified, from time to time by village ordinance or resolution.

(1978 Code, § 5-5-7; Ord. 84-O-46, passed 10-2-1984; Am. Ord. 2009-O-52, passed 10-20-2009; Am. Ord. 201-O-65, passed 11-15-2011; Ord. 2017-O-01, passed 1-3-2017)

All final administrative decisions of the Board of Appeals with regard to applications for variation or with regard to appeals from the decision from any administrative officers shall be subject to judicial review pursuant to the provisions of ILCS Ch. 735, Act 5, §§ 3-101 et seq., The Administrative Review Act, and all amendments and modifications thereof and all rules adopted pursuant thereto.

(1978 Code, § 5-5-8)

State Law reference— (ILCS Ch. 65, Act 5, § 11-13-13)

In any and all applications required under this Code to be filed with the Zoning Board and/or the Village Board, if the title to any property which is the subject of any hearing is in a trust, the names of all beneficiaries shall be disclosed in a sworn statement and a copy of the trust agreement attached to the application. If the land which is the subject of the application is in the name of a corporation, the names of all officers, directors and shareholders owning in excess of five percent of the outstanding stock shall be disclosed in a sworn statement attached to the application for relief. If the land which is the subject matter of the application is being purchased, then in addition to the foregoing, a photocopy of the purchase contract shall be submitted with the application.

(1978 Code, § 5-5-9; Ord. 75-O-12, passed 5-6-1975)

(a)

Creation; membership; terms. A Plan Commission for the village is created pursuant to state statute. The President of the village is a member ex-officio of the Commission. The Village President shall appoint as members of the Commission 7 citizens of the village. Terms of office shall be staggered. A vacancy in an unexpired term shall be filled for the remainder of that term. The Village President may declare vacant the term of an appointed member who fails to attend meetings during a period of five consecutive months. All appointments shall be approved by the Village Board of Trustees.

(b)

Officers; program. The Village President may designate the chairperson and direct the members to elect a vice chairperson and a secretary and determine and pursue a program of work in accordance with the following duties and such special instructions as may be given the Commission.

(c)

Duties. It is the duty and within the power of the Plan Commission:

(1)

To study with the aid of maps of the village and contiguous unincorporated territory the following: past growth and changes in land and building uses, present conditions and zoning, and trends of development which are especially pertinent to the Commission's work; and to estimate the probable amount, character and location of future growth;

(2)

To determine and describe the kind or character of a community that is desired by the citizens of the village and is feasible to achieve in major part, setting forth or outlining the policies and objectives with respect to public improvements and regulations which will bring about and maintain such a community;

(3)

a.

To prepare and recommend as a part of a comprehensive plan:

1.

A program of public improvements designed to meet the present and future needs of the village, including a schedule showing probable year or period when each improvement should be made, its approximate cost and method of financing; and

2.

Additional and revised regulations needed to govern the subdivision, zoning, improvement, redevelopment and maintenance of private property.

b.

The program of public improvements and regulations affecting private property shall be designed to further the policies and objectives desired by the village and shall be those for which financing and authority are available or in reasonable prospect. The plan may be prepared and adopted in whole or separate geographical or functional parts.

c.

Subdivision and other regulations shall take into account, among other facts, public and community water and sewage facilities, the areas and population for which they were originally designed to serve, initial construction and later extensions and expansions, areas originally designed for but not yet served, further extensions possible and programmed, and adequacy of the source of water supply and sewage treatment facilities. The regulations shall also take into account the suitability of land areas for residential and other development, including the character and dryness of the soil as they affect the healthful operation of individual septic tank systems during wet seasons and years, the drainage of surface and storm water, protection against flooding, and the preservation by dedication and easement of sufficient rights-of-way for drainage channels which ultimately will be needed when the higher parts of the watershed are fully developed.

d.

As provided and governed by state statute, the plan and regulations pertaining to the subdivision and resubdivision of land may be drawn to apply to land outside the corporate limits. In such case, they shall be drawn with due regard for the plans and subdivision and zoning regulations of the county and of nearby municipalities. However, the plan and subdivision regulations of the village shall not be applicable to land outside its corporate limits until an official plan or part thereof has been enacted by the Village Board of Trustees, nor shall they be applicable farther than 1.5 miles beyond such limits or within any other municipality. The administration of subdivision, zoning and other regulations shall be as set forth in the adopting ordinances and as provided by law.

(4)

To consider and report on current or special matters relating to development within the village and contiguous unincorporated territory as may arise during the preparation of the Comprehensive Plan or be referred to the Commission by the Village President, the Board of Trustees or other corporate authorities.

(5)

To exercise such other powers germane to the powers granted by this Code as may be conferred by the Village Board of Trustees.

(1978 Code, § 5-5-11-1—5-5-11-3; Ord. 1991-O-22, passed 6-18-1991; Ord. 2017-O-01, passed 1-3-2017)

Editor's note— The Building and Zoning Officer is directed to make multiple copies of the plan available to the public upon the payment of a reasonable fee.

(a)

The Plan Commission is authorized to sit as a Zoning Board of Appeals. The President of the village is a member ex-officio of the Board. The Village President shall appoint as members of the Board 7 citizens of the village. Terms of office shall be staggered. A vacancy in an unexpired term shall be filled for the remainder of that term. The Village President may declare vacant the term of an appointed member who fails to attend meetings during a period of five consecutive meetings. All appointments shall be approved by the Village Board of Trustees. One of the members of the Board shall be designated by the Village President, with the consent of the Village Board of Trustees, as chairperson of the Board and shall hold his office as chairperson until his successor is appointed.

(b)

Meetings. Meetings of the Zoning Board of Appeals shall be held at the call of the chairperson, or any two members, or at such times as such Board may determine. All hearings conducted by the 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 hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, or special permit, and the reasons for granting or denying such application 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 section, the Zoning Code, or with the Illinois statutes in such case made and provided, and may select or appoint such officers as it deems necessary.

(c)

Appeals.

(1)

An appeal may be taken to the Board of Appeals by any person or by any officer, department, board or bureau affected by a decision of the Building Inspector relative to the Zoning Code. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Building Inspector and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

(2)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in 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 Inspector and on due cause shown.

(3)

The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and 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.

(4)

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 to the premises.

(d)

Variations. When a property owner or his agent show that a strict application of the terms of the Zoning Code relating to the use, construction or alteration of buildings or structures or the use of land imposes upon him practical difficulties or particular hardship, then the Board may authorize such variations of the strict application of the terms of the Zoning Code as are in harmony with its general purpose and intent when the Board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the provisions of the Zoning Code or in the following instances:

(1)

The Zoning Board of Appeals shall make no determination except in a specific case and after a public hearing conducted by the Board. A notice of the time and place of such public hearing shall be published at least once, not more than 30 nor less than 15 days before the hearing in a newspaper published in the village or, if no newspaper is published therein, then in one or more newspapers of general circulation within the village. The notice shall contain the address or location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal.

(2)

In considering all appeals and all proposed variations to the Zoning Code, the Board shall, before granting any variation from the Zoning Code in a specific case, first determine and make a finding of fact that the following conditions have been met:

a.

It will not impair an adequate supply of light and air to adjacent property;

b.

It will not unreasonably increase the congestion in public streets;

c.

It will not increase the danger of fire or endanger the public safety;

d.

It will not unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the inhabitants of the village;

e.

The variation will not permit a use otherwise excluded from the particular zone in which requested;

f.

The 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;

g.

The special circumstances or conditions have not resulted from any act of the applicant subsequent to the adoption of the zoning ordinance, whether or not in violation of the provisions thereof;

h.

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 the Zoning Code would deprive the applicant of any reasonable use of his land. Mere loss in value shall not justify a variation; there must be a deprivation of beneficial use of land;

i.

The variation granted is the minimum adjustment necessary for the reasonable use of the land;

j.

The granting of any variation is in harmony with the general purposes and intent of the Zoning Code 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.

(3)

The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant any matter upon which it is authorized by the Zoning Code to render decisions.

(4)

Board of Trustees' action:

a.

No variation in any specific case shall be made by the Village Board of Trustees without a hearing by the Zoning Board as required herein nor without a report thereof having been made by the Board to the Village Board of Trustees, and every such report shall be accompanied by a finding of fact specifying the reasons for the report.

b.

Upon the report of the Zoning Board of Appeals, the Village Board of Trustees, without further public hearing, may adopt or deny any proposed variation or may refer the report back to the Board for further consideration. Any proposed variation which fails to receive the approval of four members of the Zoning Board of Appeals shall not be passed except by the favorable vote of 2/3 of all the elected members of the Village Board of Trustees.

c.

Nothing herein contained shall be construed to give or grant to the Zoning Board the power or authority to alter or change the Zoning Code or any use district made a part of the Zoning Map, or to grant variations, such power and authority being reserved to the Village Board of Trustees, and the Board shall not have any power or authority with respect to any alterations or changes of the Zoning Code except to make recommendations to the Village Board of Trustees in such specific cases as may properly come before the Zoning Board of Appeals.

(5)

Order.

a.

No order permitting the erection of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

b.

No order of the Board permitting a use of a building or premises shall be valid for a period longer than one year, unless such use is established within such period; provided, however, that where such use is dependent upon the erection or alteration of a building such order shall continue in full force and effect if a building permit for the erection or alteration is obtained within such period and work is started and proceeds to completion in accordance with the terms of such permit.

(6)

Notice. The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. A notice of the time and place of such public hearing shall be published in a paper of general circulation in the city at least 15 days previous to the hearing. Such notice shall contain the address or location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal.

(Ord. 1969-O-1, passed 1-21-1969; 1978 Code, §§ 5-5-12-1—5-5-12-4; Am. Ord. 82-O-8, passed 1982; Ord. 1991-O-40, passed 10-1-1991; Ord. 2017-O-01, passed 1-3-2017)

Any person, firm or entity violating the terms and conditions of this chapter shall be subject to a fine not less than $25.00 nor more than $750.00 with each and every day that the violation is allowed to exist. Each day that a violation exists constitutes a distinct and separate offense under the terms of this chapter. In addition, the corporate authority may take whatever action it deems appropriate to enforce the terms of this chapter, including an action for injunction. All attorney's fees and costs incurred by the municipality in enforcing the terms of this chapter shall be paid by the violator.

(1978 Code, § 5-5-10; Ord. 1969-O-1, passed 1-21-1969; Ord. 2017-O-01, passed 1-3-2017)