The zoning enforcement officer is hereby designated and authorized to enforce this title. However, it shall also be the duty of the building department director, all officers, citizens and employees of the village, particularly of all members of the police and public works departments, to assist the zoning enforcement officer by reporting to him any new construction, reconstruction, improper land uses or upon any seeming violation. (Ord. 89-13, 5-16-1989)

The zoning enforcement officer of the village, or such deputies that have been or shall be duly appointed by the corporate authorities, shall enforce this title and in addition thereto, and in furtherance of said authority shall: (Ord. 89-13, 5-16-1989)

   A.   With respect to structures, issue certificates of compliance with the provisions of this title, and with respect to title 9 of this code, to the building and zoning department, otherwise to owner or applicant. Issue citations to the property owner for zoning violations or violations of the requirements of title 9 of this code, issue reports of review for compliance to the appropriate department officer, board or commission;

   B.   In conjunction with the building department director or his designee, conduct inspections of buildings, structures and uses of land, to determine compliance with the terms of this title and title 9 of this code;

   C.   Maintain permanent records relating to zoning, including, but not limited to, all maps, amendments, special uses, variations, appeals, historic site and district designations, certificates of appropriateness, and applications therefor; (Ord. 01-18, 12-4-2001)

   D.   Forward to the village clerk all applications for special uses or petitions for amendments to this title which may be filed initially in the office of the zoning enforcement officer;

   E.   Forward to the village clerk copies of all applications for appeals, variations and other matters to be referred to the zoning board of appeals under this title;

   F.   Provide such clerical and technical assistance as may be required by the zoning board of appeals, plan commission or historic sites commission in the exercise of their duties 1 ; and (Ord. 89-13, 5-16-1989)

   G.   File a report with the village president and a copy to the village board of trustees and the building and zoning department relative to findings of the zoning enforcement officer on all reports of zoning violations or violations of title 9 of this code, which are made to the zoning enforcement officer by any citizen, village employee or village official. (Ord. 01-18, 12-4-2001)

   A.   Zoning Certificates: No permit pertaining to the use of land or buildings shall be issued unless the zoning enforcement officer has certified, after examination, that it complies with all provisions of this title and with the provisions of title 9 of this code.

   B.   Occupancy Permits: No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building and zoning department stating that the building complies with all the building and health laws and ordinances and with the provisions of these regulations and the regulations set forth in title 9 of this code. No change of use shall be made in any building or part thereof now or hereafter erected or altered without a permit having been issued by the building and zoning department, and no permit shall be issued to make such change unless it is in conformity with the provisions of this title and title 9 of this code, and any amendments thereto. (Ord. 89-13, 5-16-1980; amd. Ord. 01-18, 12-4-2001)

Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary for the safety of life and property.

Certificate for occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building has been completed. A record of all certificates shall be kept on file in the office of the building and zoning department and copies shall be furnished on request to any person having proprietary or tenancy interest in the building affected. (Ord. 89-13, 5-16-1989)

(Rep. by Ord. 01-18, 12-4-2001)

(Rep. by Ord. 20-05, 4-21-2020)

   A.   Authority: The zoning board of appeals shall recommend and the village board shall consider all applications for variations from the provisions of this title, after a public hearing conducted by the zoning board, in specific instances where the zoning board makes findings of fact in accordance with the standards prescribed in subsection E of this section, and specifically finds that there are practical difficulties or particular hardships in carrying out the strict letter of the regulations of this title.

   B.   Initiation: An application for a variation may be made by any person, firm or corporation, governmental office, department, board, bureau or commission, which has a freehold interest in the land or land and improvements described in such application, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or an option to purchase.

   C.   Processing: An application for a variation shall be filed with the Village Clerk, who shall forward a copy of such application to the Zoning Board of Appeals in accordance with applicable law. A copy of an application for a variation within an historic district shall also be forwarded to the Historic Sites Commission for its review.

The application shall contain such information as required by the Zoning Enforcement Officer and the Zoning Board of Appeals, and shall include, at a minimum:

      1.   A legal description and common address for the subject property;

      2.   A current plat of survey locating lot lines and all existing improvements or structures;

      3.   A vicinity map indicating the location and distance from adjoining principal and accessory uses from the subject property;

      4.   Satisfactory evidence of ownership by affidavit, contract purchase, or disclosure of beneficial trust, indicating all parties or entities having an interest in the property;

      5.   A project impact statement justifying the need for the variation and how the standards in subsection E of this Section have been met.

      6.   A zoning review of the proposed project, prepared by the Zoning Enforcement Officer, detailing the scope of the project and including section(s) of the Village Code where the project is non-compliant with Zoning Regulations.

   D.   Hearing: The Zoning Board of Appeals shall conduct a public hearing after publication of a notice of time and place of such hearing, at least once not more than thirty (30) days nor less than fifteen (15) days before the hearing, in one or more newspapers of general circulation within the Village. At least fifteen (15) days before the hearing, written notice shall be served on the owners of all properties located adjacent to or within two hundred fifty feet (250') from the subject property for which the variation is requested, and upon the Historic Sites Commission for every application for a variation within an historic district.

Written notice of such hearing shall not be required if the applicant presents the written consent of all such owners to the proposed variation at or prior to the hearing. In any case, the failure of any such owner to receive the written notice shall not deprive the Zoning Board of Appeals or the Village Board of jurisdiction to consider the application for a variation, or invalidate, impair or otherwise affect any decision concerning such a variation.

   E.   Standards For Variations: The Zoning Board of Appeals shall not recommend and the Village Board shall not grant a variation to the regulations of this Title unless findings have been made based upon the evidence presented at the public hearing, to show that:

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

For the purpose of implementing these standards, and of considering whether there are practical difficulties or particular hardship which may warrant a variation from the regulations of this Title, the Zoning Board of Appeals and the Village Board shall also determine the extent to which the following facts, favorable to the applicant, have been established by the evidence:

      1.   The particular physical surroundings, shape or topographical features of the specific property involved would result in a particular hardship, as distinguished from a mere inconvenience, if the strict letter of the regulations was to be carried out; and

      2.   The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification; and

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

      4.   The alleged difficulty or hardship has not been created by any person presently having an interest in the property; and

      5.   The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

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

   F.   Conditions For Approval: The zoning board of appeals may recommend such conditions and restrictions upon the premises benefited by a variation, as may be necessary to comply with the standards set forth in subsection E of this section, to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, or to implement the general purpose and intent of this title. Such conditions and restrictions may include, but shall not be limited to, landscaping, wooden fencing or other screening from adjacent properties.

   G.   Authorized Variations: Variations from the regulations of this title may be decided by the zoning board and the village board only in accordance with the standards set forth in this section.

   H.   Decision: Upon receipt of a report from the zoning board of appeals, including the requisite findings concerning the standards for a variation set forth in subsection E of this section, and without further public hearing, the village board may grant or deny any proposed variation, or may refer it back to the zoning board of appeals for further consideration; provided that any proposed variation which fails to receive a favorable recommendation from the zoning board of appeals shall not be granted by the village board except by a favorable vote of two- thirds (2/3) of all trustees holding office.

   I.   Automatic Revocation: Any variation permitting the erection or alteration of a building or structure shall be null and void unless a building permit for such erection or alteration is issued and actual work is substantially under way (a) within one year after the date the variation was granted, provided, however, that the Owner may request, by written application filed with the Village Clerk prior to the expiration of the one-year period, a one-time six (6) month extension of such period, which extension may be granted by the Village Board in its sole discretion, or (b) within eighteen (18) months after the date the variation was granted provided the Owner, upon good cause, requested and received a term of eighteen (18) months at the time the variance was granted. (Ord. 00-03, 1-11-2000; amd. Ord. 19-18, 11-5-2019; Ord. 22-10, 9-6-2022)

   A.   Purpose: The development and execution of this title is based upon the division of the village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which because of their unique character cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use of the particular location. Such special uses fall into five (5) categories: (Ord. 89-13, 5-16-1989; amd. Ord. 97-19, 6-3-1997)

      1.   Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest; except that any modifications to an existing wireless tower or base station that do not substantially change the physical dimensions of such tower or base station shall be approved without a special use, and may not be denied. (Ord. 12-13, 7-17-2012)

      2.   Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

      3.   Planned developments meeting the objectives and requirements defined in chapter 11 of this title.

      4.   Commercial equestrian and commercial stables meeting the requirements defined in section 10-12-1 of this title. (Ord. 89-13, 5-16-1989)

      5.   Private equestrian facilities meeting the requirements defined in section 10-12-2 of this title. (Ord. 97-19, 6-3-1997)

   B.   Authority: Special uses shall be authorized or denied by the village board in accordance with the statutes of the state applicable to amendments of this title, and the regulations and conditions set forth in this title for special uses.

No application for a special use shall be acted upon by the village board until after a public hearing has been held by the plan commission, after due notice by publication as provided by the applicable statutes of the state for amendments, and the findings and recommendations of the plan commission have been reported to the village board.

   C.   Initiation: An application for a special use may be made by any person or by any office, department, board, bureau or commission, requesting or intending to request a zoning certificate.

   D.   Processing: An application for a special use, in such form and accompanied by such information as shall be established from time to time by the plan commission, shall be filed with the village clerk and thereafter processed in the manner prescribed heretofore for applications and amendments. The village clerk shall also forward a copy of every application for a special use within a historic district to the historic sites commission for review and recommendation to the plan commission and to the village board.

   E.   Decisions: The village board, upon report and recommendation of the plan commission without further hearing, may authorize or deny an application for a special use in accordance with the statutes of the state applicable to amendments or may refer it back to the plan commission further consideration.

No special use shall be authorized by the village board unless the special use meets the following criteria, where applicable, for the proposed special use:

      1.   Is deemed necessary for the public convenience at that location;

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

      3.   Would not cause substantial injury to the value of other property in the neighborhood in which it is located;

      4.   Satisfies the standards and conditions required elsewhere in this title applicable to the proposed special use. (Ord. 89-13, 5-16-1989)

      5.   For property located in a historic preservation district set forth in subsection 9-3-4B of this code, is compatible with and promotes the purposes of title 9, chapter 3, "Historic Preservation Districts", of this code. (Ord. 05-30, 9-6-2005)

   F.   Conditions: The plan commission may recommend, and the village board provide, such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, provisions for off street parking or loading as may be deemed necessary to promote the general objectives of this title and to minimize injury to the value of the property in the neighborhood. (Ord. 89-13, 5-16-1989)

(Rep. by Ord. 00-02, 1-11-2000)

   A.   Authority: The regulations imposed and the districts created under the authority of this title may be amended from time to time by ordinance in accordance with applicable statutes of the state. An amendment shall be granted or denied by the village board only after a public hearing before the plan commission and a report of its findings and recommendations has been submitted to the village board.

   B.   Initiation Of Amendment: Amendments may be proposed by the village board, by the plan commission or by any resident of or owner of property in the village.

   C.   Processing: An application for an amendment shall be filed with the village clerk and thereafter introduced into the village board. Such application shall be forwarded from the village board by the village clerk to the plan commission with a request to hold a public hearing in accordance with state statutes, and shall thereafter submit a report of its findings and recommendations to the village board. The village clerk shall also forward a copy of every application for an amendment within a historic district to the historic sites commission for review and recommendation to the plan commission and to the village board. (Ord. 89-13, 5-16-1989)

The applicant for an amendment shall serve notice by certified mail of his request for a zoning map amendment, which notice shall include the date and time of a scheduled hearing, on all owners of record within two hundred fifty feet (250') of the subject property as measured from the lot line of such property. An affidavit with respect to such mailing of notice must be filed with the village clerk prior to any public hearing on such request unless notice is excused or waived as provided below. A sign provided by the building and zoning department shall be posted by the applicant indicating that a request for a zoning map amendment is pending. Such sign shall be posted continuously on all property lot lines fronting a public or private roadway for fifteen (15) days prior to the scheduled hearing and for at least fifteen (15) days thereafter or until a final decision by the corporate authorities, whichever is longer.

If the applicant for a zoning map amendment is not the owner of record or party in interest of the property sought to be rezoned, notice of the application shall also be served by certified mail on the owner of record of all parcels included within the proposed map amendment.

If the plan commission finds that the interest of any objectors are adequately represented at the public hearing, or if the map amendment is initiated by the corporate authorities of the village in order to conform the zoning district to existing residential uses, the corporate authorities may waive the provisions of this section requiring notice to owners of record within two hundred fifty feet (250') of the subject property and may waive the posting of a sign. Posting of a sign shall not be required in the event the applicant does not have a right of access to the property proposed to be rezoned.

Failure to serve notice by certified mail on adjoining property owners or to post a sign on the property lot lines as provided in this subsection C shall not deprive the plan commission or the corporate authorities of jurisdiction to consider and approve any request for zoning map amendment, provided that all other provisions of this section and the Illinois municipal code, as amended, relating to zoning amendments are satisfied. (Ord. 89-13, 5-16-1989; amd. Ord. 95-08, 6-6-1995)

   D.   Decisions; Amendments:

      1.   Upon report of the plan commission and without further public hearing, the village board may grant or deny any proposed amendment in accordance with applicable statutes of the state, or may refer it back to the plan commission for further consideration.

      2.   In case a written protest against any proposed amendment signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, is filed with the village clerk, the amendment cannot be passed except on the favorable vote of two-thirds (2/3) of the corporate authorities. (Ord. 89-13, 5-16-1989)