The administration of this title is hereby vested in the following, with duties as hereinafter prescribed:

   Zoning administrator

   Plan and zoning commission

   Village board of trustees (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2019-06-11, 6-20-2019)

   A.   Appointment: The village manager or his designee is designated as the zoning administrator of this chapter.

   B.   Duties: The zoning administrator shall:

      1.   Receive applications required and issue any permits and certificates required by this title including certificates of occupancy.

      2.   Examine premises for which permits have been issued and make necessary inspections to determine compliance.

      3.   When requested by the president and the board of trustees, or when the interest of the village so requires, make investigations and render written reports.

      4.   Issue such notices or orders as may be necessary.

      5.   Adopt rules and procedures consistent with this title.

      6.   Keep careful and comprehensive records of applications, permits, certificates, inspections, reports, notices, orders and other documents relative to the administration of this title.

      7.   Keep all such records open for public inspection at reasonable hours, but not for removal from his office.

      8.   Inform the village manager of all violations and all other matters requiring prosecution or legal action.

      9.   Discharge such other duties as may be placed upon the zoning administrator by this title.

      10.   Require that applicants for subdivisions and planned unit developments provide both paper and electronic copies (in both ArcGIS and AutoCad formats) of all preliminary plans, engineering, landscaping and as built/final drawings. (Ord. 2010-04-07, 4-1-2010)

      1.   To initiate, review, make recommendations and submit reports to the village board regarding amendments to the comprehensive development plan 1 , zoning ordinance and zoning map, and land subdivision ordinance 2 , in the manner prescribed in this title.

      2.   To review special uses, planned developments and proposed plats of subdivision within the jurisdiction of the village, make recommendations, and submit reports to the village board in the manner prescribed in this title.

      3.   To review and make recommendations to the village board regarding proposed site plans of development applications received by the zoning administrator.

      4.   To act on all other matters which are referred to it by the village board or as may be required by the provisions of this title or other applicable law.

      5.   To hear and decide on appeals from and review any order, requirement, decision or determination made by the zoning administrator and other provisions of this title.

      6.   To hear and review applications for variations from the regulations from this title in harmony with its general purpose and intent and in the manner prescribed in this chapter for variations. After proper notice of any required public hearing, the plan and zoning commission shall submit reports and recommendations thereon to the village board in the manner prescribed in section 10-11-3 of this chapter.

      7.   To hold public hearings and prepare reports including findings of fact and recommendations to the village board and all other matters including certain special uses referred to it by the village board or upon which it is required to pass under this title.

      8.   Nothing herein contained shall be construed to give or grant to the plan and zoning commission the power or authority to alter or change the zoning ordinance or the zoning map, such power and authority being reserved to the village board in the manner herein provided in this title. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2019-06-11, 6-20-2019)

No permit, as required by the building code of the village 1 , shall be issued until the zoning administrator certifies in such permit that no zoning violation will be caused by the building, structure or land improvement for which the permit is sought. Any permit or certificate issued in conflict with the provisions of this title shall be null and void. (Ord. 2010-04-07, 4-1-2010)

   A.   Authority: The plan and zoning commission shall recommend variations of the provisions of this title in harmony with its general purpose and intent, and shall recommend them only in the specific instances hereinafter set forth where the plan and zoning commission shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title.

   B.   Initiation: An application for a variation may be made by anyone requesting or intending to apply for a building permit or occupancy certificate. If the applicant is not the owner of the property, then the owner's approval is also required on the application.

   C.   Required Application Submittals And Processing: An application for a variation shall be filed with the zoning administrator on a form provided by the village. The application shall include, at a minimum:

      1.   Legal description and common address of subject property;

      2.   Current plat of survey locating lot lines and all existing structures;

      3.   Existing zoning of property and within two hundred feet (200');

      4.   Proposed variation;

      5.   Ownership of record and/or disclosure of other beneficial interest;

      6.   Written statement explaining the circumstances by which the subject property meets the three (3) criteria for a hardship as prescribed in subsection F of this section; and

      7.   Other information as may be required by the zoning administrator, the plan commission and village board to address the request.

   D.   Public Hearing: A public hearing is required and shall be conducted in accordance with section 10-11-6 of this chapter.

   E.   Findings Of Fact And Recommendations: No variation shall be approved by the village board until a public hearing before the plan and zoning commission has been held and a report of the plan and zoning commission’s findings and recommendations has been submitted to the village board, in accordance with state statutes and section 10-11-6 of this chapter.

   F.   Standards For Variations:

         a.   That 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;

         b.   That the plight of the owner is due to unique circumstances; and

         c.   That the variation, if granted, will not alter the essential character of the locality.

      2.   A variation shall be recommended only if the evidence, in the judgment of the board of appeals, sustains each of the three (3) conditions enumerated above.

      3.   For the purpose of supplementing the above standards, the zoning board of appeals, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

         a.   That the particular physical surroundings, shape or topographical conditions of the specific property involved will bring a particular hardship upon the owner as distinguished from an inconvenience if the strict letter of the regulations were to be carried out;

         b.   That the conditions upon which the petition for variation is based may not be applicable generally to other property within the same zoning classification;

         c.   That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;

         d.   That the alleged difficulty or hardship has not been created by any person having an interest in the property;

         e.   That the granting of the variation shall not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; or

         f.   That 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.

      4.   The plan and zoning commission may require all conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this title.

   G.   Authorized Variations: Variations from the regulations of this title may be granted by the village board to permit the minimum necessary variation in bulk standards, parking requirements or other standards of this title to alleviate a hardship to a landowner, as determined by subsection F of this section.

   H.   Granting Of Variance; Ordinance Contents:

      1.   Without further public hearing, the village board may grant, deny or amend the recommendation for variation. Every variation which is granted by ordinance of the village board shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variation which shall remain a part of the permanent records of the zoning board of appeals. The findings of fact shall specify the reason for granting the variation.

      2.   The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact of the ordinance.

   I.   Time Limit For Granted Variation: It is the intent of the village board that a variation granted in accordance with this title be acted upon within twelve (12) months after the passage of the ordinance granting the variation. If, therefore, within that twelve (12) month period, neither a building permit nor an occupancy permit has been obtained, then the zoning administrator shall apply to the village board to rescind the ordinance granting the variation, and the trustees shall either rescind the variation or extend it for a specified period for further actions. If a timely building permit is obtained but construction is not commenced while the permit is valid, then such application for rescission shall likewise be made. Written notice of the date for any actions to rescind shall be sent to the applicant for the variation at the last known address of said applicant. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2019-06-11, 6-20-2019)

   A.   Authority: The plan and zoning commission shall hear and decide appeals from an administrative order, requirement or determination under this title, made by the zoning administrator and brought by anyone affected thereby.

   B.   Initiation: The appeal shall be taken within forty five (45) days after the decision or action complained of by filing with the village at the village hall during regular business hours, a notice of appeal specifying the grounds thereof. The zoning administrator from whom the appeal is taken shall forthwith transmit to the plan and zoning commission all the papers constituting the record upon which the action appealed was taken.

   C.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the plan and zoning commission, 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 this event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the plan and zoning commission.

   D.   Public Hearing: On appeal, the decision of the zoning administrator shall be affirmed or reversed by the village board only after a public hearing before the plan and zoning commission and a report of its findings and recommendations has been submitted to the village board, in accordance with section 10-11-6 of this chapter.

   E.   Decisions: The plan and zoning commission shall reach its decision within forty five (45) days from the date of the public hearing of the appeal. The village board may affirm or may reverse, wholly or in part, or modify the order, requirement, decision or determination that, in its opinion, ought to be done and to that end, shall have all the powers of the officer from whom the appeal is taken. The zoning administrator shall maintain records of all actions of the plan and zoning commission relative to appeals. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2019-06-11, 6-20-2019)

   A.   Authority: For the purpose of promoting the public health, safety and general welfare, conserving the value of property throughout the community and lessening or avoiding congestion in the public streets and highways, the village board may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this title or amend district boundary lines; provided, that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the comprehensive development plan, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the same time of the adoption of such amendatory ordinance.

   B.   Initiation:

      1.   Text Amendments: Text amendments may be proposed by the village president, the village board, the plan and zoning commission or other commission designated by the village board. Notice shall be given of the time and place of the public hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice at least once in one or more newspapers with a general circulation within the village.

      2.   Zoning Map Amendments (Rezonings): Zoning map amendments may be proposed by the village president, the village board, the plan and zoning commission or other commission designated by the village board, or by the property owner of the subject property.

   C.   Required Application Submittals And Processing: An application for an amendment shall be filed with the zoning administrator on a form provided by the zoning administrator accompanied by such information as may be prescribed. Copies of such application shall be forwarded to the plan and zoning commission with a request to hold a public hearing thereon. The application shall include, at a minimum:

      1.   Legal description and common address of subject property;

      2.   Current plat of survey that reflects current lot corners, lot lines and all existing structures;

      3.   Existing zoning on subject property and within two hundred fifty feet (250');

      4.   Proposed zoning and land use of the subject property;

      5.   Ownership of record and/or disclosure of other beneficial interest; and

      6.   Other information as may be required by the plan commission or village board to make a recommendation on the request.

   D.   Public Hearing: No amendment shall be approved by the village board until after a public hearing before the plan commission has been held and a report of its findings and recommendations has been submitted to the village board in accordance with state statutes and section 10-11-6 of this chapter.

   E.   Findings Of Fact And Recommendations:

      1.   The plan and zoning commission shall prepare and submit written findings of fact and recommendations and shall submit same together with its recommendation to the village board in accordance with section 10-11-6 of this chapter. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the plan and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to the following:

         a.   Compatibility with surrounding land uses and the general area;

         b.   The zoning classification of property within the general area of the property in question;

         c.   The suitability of the subject property to the uses permitted under the existing zoning classification;

         d.   The trend of development, if any, in the general area of the subject property including recent changes, if any, which have taken place in its zoning classification; and

         e.   The relationship of the existing zoning classification to the comprehensive development plan of Winfield.

   F.   Standards For Amendments: The plan and zoning commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant; and that either the proposed amendment will correct an existing error or that changing conditions make the proposed amendment necessary.

   G.   Action By The Village Board:

      2.   If an application for a proposed amendment is not acted upon finally by the village board within ninety (90) days of the date the board receives the plan and zoning commission’s recommendations, and such time is not extended by mutual consent of the village board and petitioner, it shall be deemed to have been denied.

   H.   Effect Of Denial Of Amendment: No application for a zoning map amendment that has been denied by the village board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the plan commission and the village board.

   I.   Repeal Of Amendment: In any case where a change of boundary lines or zoning classification of the official zoning map has been granted, and where no development has taken place within two (2) years, the plan and zoning commission may recommend to the village board that such zoning be affirmed or repealed and rezoned to its most appropriate district classification in accordance with the procedures hereunder for amendments. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2019-06-11, 6-20-2019)

   A.   Recommending And Legislative Body Review: All matters requiring a recommendation from the plan and zoning commission including, but not limited to, zoning ordinance text amendments, zoning map amendments, comprehensive development plan amendments and/or updates, zoning variances and special use permits (including planned developments), shall require a public hearing and receive such required recommendation in writing prior to appearance before the village board for final approval.

   B.   Public Notice For Text Amendments And Zoning Map Amendments (Rezoning) Done In Conjunction With Comprehensive Updates Or Comprehensive Text Changes To The Zoning Ordinance: Notice shall be given of the time and place of the public hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice at least once in one or more newspapers with a general circulation within the village.

   C.   Public Notice For Variances, Special Use Permits And Zoning Map Amendments (Rezoning) Not Done In Conjunction With Comprehensive Updates Or Comprehensive Text Changes To The Zoning Ordinance:

      1.   Within forty five (45) days of receipt by the zoning administrator of all required application information and payment of any required fees, the plan commission or zoning board of appeals, as appropriate shall hold a public hearing on such application at a time and place as shall be established by legal notice of hearing by the chairperson. The hearing shall be conducted and a transcript of the proceedings shall be preserved in accordance with rules prescribed by the plan and zoning commission.

      2.   Notice of the time, place and topic (including the address of the subject property, if applicable) of such public hearing shall be made known to the public in the following manner:

         a.   Petitioner/Property Owner:

            (1)   The petitioner and/or property owner shall, by certified mail, return receipt requested, notify all property owners within two hundred fifty feet (250') in all directions of the subject property, as recorded with the county recorder of deeds. Said notices shall be mailed out not more than thirty (30), nor less than fifteen (15) days in advance of such hearing.

            (2)   The petitioner and/or property owner shall file a sworn affidavit with the village manager that confirms that notices have been sent as required, and include a copy of the notice and the names and addresses of all to whom notices have been sent. All certified mailing return receipts shall be submitted at the public hearing or, prior to the public hearing date, to the village manager.

            (3)   The petitioner/property owner shall provide notice of the public hearing by erecting at least one, but no more than four (4) signs to be furnished by the applicant at his or her own cost on the land which is the subject of the application, as follows:

               (A)   The applicant shall erect the sign or signs required by this subsection at least fifteen (15), but not more than thirty (30) days prior to said public hearing and shall remove said sign(s) within one week after the public hearing date specified on the sign(s). In no event shall said signs be removed prior to or on the date for the public hearing specified on the sign(s) unless the application is withdrawn.

               (B)   The face of the sign required by this subsection shall be at least thirty six inches (36") in height and forty eight inches (48") in length and shall read as follows:

   PUBLIC NOTICE

Said sign(s) shall have a white background with one and one-half inch (11/2") high black letters, except that the words "Public Notice" shall be in three inch (3") high, red capital letters.

               (C)   The sign shall be removed by the applicant no later than seven (7) days after the completion of the public hearing. Should the applicant fail to comply with this regulation, the village may remove the sign and charge the applicant for such removal or deduct the cost of the removal from the applicant's escrow account.

               (D)   Upon submission of an application, the village manager shall designate the place or places on the land where said sign(s) is required to be erected, taking into consideration the location of land, the location of public streets, roads, rights of way and other means of access to the land, the placement of nearby buildings, and the topography of the land.

         b.   Village:

            (1)   The village shall publish the notice, at least once, in one or more newspapers published within the village, or if no newspaper is published in the village, then in one or more newspapers with a general circulation within the village which is published in DuPage County.

            (2)   Other supplemental or additional notices may be distributed, published or posted as required by the village board.

         c.   Content Of Public Hearing Notice: The notice of a public hearing shall, at a minimum, include the following:

            (1)   The time, place and purpose of the public hearing.

            (2)   A legal description of the subject property, if applicable.

            (3)   The address or common name of the subject property.

            (4)   The name of the petitioner(s).

            (5)   A description of the petitioner's request including, but not limited to, the requested amendment, variance or special use permit.

            (6)   For planned developments, a description of the development, including, but not limited to, the acreage of the property, the proposed mix of uses, and the number and types of dwelling units, if any, and the types and square footage of nonresidential uses, if any.

            (7)   For planned developments, identification of requested exceptions from all applicable village ordinance standards.

         d.   Conduct Of The Public Hearing:

            (1)   The petitioner shall enter all plans, drawings and other support documentation into the record as official exhibits, and shall demonstrate compliance with the notice of public hearing, notice of surrounding property owners and posting of the subject property.

            (2)   The hearing may be continued by the plan and zoning commission or village board from time to time, during which time drawings and support documentation may be revised and resubmitted at the request of either the reviewing body or the petitioner.

            (3)   The plan and zoning commission and village board shall, to the best extent possible, adhere to the following procedures for zoning ordinance and map amendments, plan reviews, zoning variances and other zoning matters requiring appearance before a village elected or appointed body:

               (A)   Applicant/petitioner presentation of proposal;

               (B)   Reports and/or comments by village staff;

               (C)   Citizen (public) comments;

               (D)   Elected or appointed village body questions and discussion; and

               (E)   Elected or appointed village body vote or other action.

These procedures are considered advisory only and may be varied by the plan and zoning commission Chair at any time.

            (4)   Applicant/petitioner and citizen (public) questions and comments shall be directed solely to the Plan and Zoning Commission Chair, unless otherwise directed by said Chair, so that the Plan and Zoning Commission Chair may moderate the discussion to ensure, to the best extent possible, an orderly and fair hearing or meeting.

            (5)   To assist the applicable Village elected or appointed body in making an informed recommendation, decision and/or vote, Village staff shall provide additional comments and presentation to assist those applicants or citizens (public) who have difficulty in adequately conveying all relevant facts related to the petition.

   D.   Findings Of Fact And Recommendation: For all matters requiring a recommendation from the Plan and Zoning Commission, the Chair shall prepare written findings of fact and recommendations for submission to the Village Board within forty five (45) days following the date of the public hearing on each application, unless said application is withdrawn or tabled by the petitioner. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2019-06-11, 6-20-2019)

   A.   The Village Board shall establish a schedule of fees, charges and expenses for zoning certificates, occupancy certificates, appeals, application for amendments or special use and other matters pertaining to this title. The schedule of fees shall be posted in the Office of the Village Clerk and may be altered or amended by the Village Board.

   B.   Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2019-06-11, 6-20-2019)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title shall, upon conviction, be fined as provided in section 1-4-1 of this Code for each offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. 2019-02-01, 2-7-2019; amd. Ord. 2019-06-11, 6-20-2019)