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A. Generally:
1. The primary responsibilities of administering and enforcing the provisions of this title shall be vested in the following four (4) offices of the government of the village:
Zoning administrator
Zoning board of appeals
Plan commission
Board of trustees
2. In addition to the previously mentioned administrative offices, other officials, appointees or employees of the village will be required to perform functions as specified in this title.
3. The principal administrative functions of this title are:
Variations
Amendments (text and map)
Special use permits (including planned developments and mobile home parks)
Appeals (Ord. 961, 2-12-1997, eff. 2-22-1997)
B. Meetings Of Zoning Board And Plan Commission:
1. The plan commission and zoning board of appeals shall meet in regular session for the purpose of conducting the business of the plan commission and the zoning board of appeals on the third Wednesday of each and every month at a time to be determined by the plan commission and/or zoning board of appeals. (Ord. 1181, 3-27-2002)
2. In every case where the regular meeting, as scheduled above, falls on a legal holiday, the regular meeting shall be held on the day following such holiday. (Ord. 876, 10-11-1995)
The zoning administrator and such deputies or assistants that shall be duly appointed shall enforce the provisions of this title and in addition thereto shall:
A. Issue all zoning certificates and make and maintain records thereof;
B. Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this title;
C. Maintain permanent and current records pertaining to this title including, but not limited to, maps, amendments, special use permits, variations, appeals and applications therefor;
D. Provide public information on all matters pertaining to this title;
E. Receive and forward to the plan commission all applications for special use permits, planned developments, mobile home parks and amendments;
F. Receive and forward to the zoning board of appeals for appeals, variations, amendments and other matters the zoning board of appeals is required to act on under this title;
G. Receive and forward to the board of trustees all applications the board is required to act on; (Ord. 961, 2-12-1997, eff. 2-22-1997)
H. Attend all meetings of the zoning board of appeals, plan commission, and board of trustees where action pertaining to this title are considered; (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code)
I. Review at intervals not to exceed one year all provisions of this title and make reports of any recommendations to the board of trustees;
J. Notify all adjacent property owners of proposed action under this title as herein required. (Ord. 961, 2-12-1997, eff. 2-22-1997)
A zoning board of appeals that existed on the effective date hereof (as established by ordinance 445 amended), pursuant to 65 Illinois Compiled Statutes 5/11-13-3 is hereby authorized to continue.
A. Membership:
1. Appointment: The zoning board of appeals shall consist of seven (7) members appointed by the president of the village, by and with the consent of the board of trustees of the village.
2. Term Of Office: The members of said board shall serve respectively for the following terms (or until their respective successors are appointed and qualified): one for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years, the successor to each member so appointed to serve for a term of five (5) years.
3. Chairman: One of the members of the said board shall be designated by the president of the village as chairman until his successor is appointed. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.
4. Removal; Vacancies: The president of the village shall have the power to remove any member of said board for cause and after a public hearing. Vacancies upon said board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member. (Ord. 961, 2-12-1997, eff. 2-22-1997)
5. Compensation: Members shall receive compensation in the amount of seventy five dollars ($75.00) for each monthly meeting attended. (Ord. 1424, 2-14-2007)
6. Elected Officials Excluded: No elected official of the village shall serve as a member of the board.
B. Meetings 1
1. Calling For Meetings: All meetings of the board shall be held at the call of the chairman and at such times as the board may determine.
2. Hearings Open To Public: All hearings conducted by the board shall be open to the public.
3. Secretary; Minutes; Records: The board shall designate a secretary to 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 who shall also keep records of the board's hearings and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision and determination of the board shall be filed immediately in the office of the board and shall be a public record.
4. Rules And Regulations: The board shall adopt its own rules of procedure not in conflict with this title or with the Illinois statutes in such case made and provided.
5. Quorum: The presence of four (4) members shall be necessary to constitute a quorum.
6. Absent Members; Voting: Any absent member who certifies he has read the transcript of the proceedings before the board, held in his absence, may vote upon any question before the board.
C. Powers And Duties: The board shall have the following powers and duties in acting on appeals which come before it:
1. Interpretation: Interpret the provisions of the ordinances in such a way as to carry out the intent and purposes of the plan, as shown upon the official zoning map of the village.
2. Administrative Review: Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title.
3. Variances: Recommend variances from the requirements of this title in specific cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of the regulations; provided, however, that such variations therefrom are in harmony with the general purpose and intent of this title, the function of this title is observed, the public safety and welfare are secured and substantial justice is done. In the consideration of the standards of practical difficulties or particular hardship, the board shall require evidence that:
a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulation of the district in which it is located;
b. The plight of the owner is due to circumstances that are unique to the property in question; and
c. The variance if granted will not alter the essential character of the locality in which the property in question is located;
and a variation shall be permitted only if the evidence, in the judgment of the board, sustains each of the three (3) conditions enumerated.
4. Conditional Uses: Permit conditional uses as specified in this title.
a. Although 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 and structures as related to the land, are essentially uniform, it is recognized that there are certain uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in such case, of the impact of those uses upon the neighboring lands and upon the public need for the particular use at the particular location. Such uses have been designated in this title as conditional uses.
b. In connection with the granting of a conditional use, the board may:
(1) Permit such deviations from the district regulations as the board deems to be appropriate for the particular site, provided it can be demonstrated that such deviations are necessary to accommodate the conditional use and the board determines that they will not have undue adverse effect on adjacent properties, the neighborhood or the community.
(2) Upon the showing of good cause therefor, enter an order permitting the future extension of a use or building or the future erection of a building on the premises being considered, which order shall not be subject to the one year limitation provided by subsection F of this section, but the board in that order shall specify the maximum period of time for which such conditional use permit shall remain valid. The board shall attach to that order a development plan of the lot which shall show the limits on the lot within which future buildings or building extensions will be permitted and such modifications of the plan of present developments as will be necessary to accommodate the proposed future building or extension of use or building.
5. Other Referrals:
a. Hear and decide or make recommendations on such other appeals or matters as are specifically designated for board action in this title or amendments thereto, including nonconforming uses and special permits as provided herein. (Ord. 961, 2-12-1997, eff. 2-22-1997)
b. In the acting on any appeal, the board shall first determine that granting of the appeal will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the village. The concurring role of four (4) members of the board shall be necessary to reverse any order, requirements, decision or determination of the administrative official, or to decide in favor of the applicant any matter upon which it is authorized by this title to render a decision.
D. Exercise Of Power:
1. In exercising the above powers, the board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the administrative official from whom the appeal is taken.
2. In the granting of a conditional use or variance, the board may impose such conditions and restrictions upon the premises involved as may be considered necessary in the specific case to eliminate or minimize the adverse effects of such use on other property in the vicinity, and to better carry out the intent and purposes of this title. Failure to comply with all the conditions and restrictions imposed in the granting of the variation or conditional use shall constitute a violation of this title.
E. Notice; Hearing: 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 newspaper of general circulation in the village at least fifteen (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.
F. Miscellaneous: Except as specifically provided in this title:
1. No order of the board permitting the erection or alteration of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
2. 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 permitted is dependent upon the erection or alteration of a building, such order shall continue in form and effect if a building permit or said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. (Ord. 961, 2-12-1997, eff. 2-22-1997)
Notes
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A plan commission that existed on the date of the adoption of this title as established by ordinance 446, as amended, pursuant to the Illinois municipal code 2 approved May 19, 1965, effective July 1, 1965, and as amended, is hereby authorized to continue. (Ord. 961, 1-12-1997, eff. 2-22-1997; amd. 1999 Code)
A. Purpose: In order that adequate provisions be made for the preparation of a comprehensive village plan for the guidance, direction and control of the growth and development or redevelopment of the village and contiguous territory not more than one and one-half (11/2) miles beyond the corporate limits and not included in any municipality, a plan commission is hereby created under authority of an act of the general assembly of the state of Illinois entitled "Illinois municipal code" approved May 29, 1961, and effective July 1, 1961, and as amended.
B. Membership: Said plan commission shall consist of seven (7) members, citizens of the village appointed by the president of the board of trustees by and with the consent of the village board of trustees, on the basis of their particular fitness for their duty on said plan commission and subject to the approval of the village board of trustees. No elected official of the village shall serve as a member of said plan commission.
C. Term Of Office; Compensation:
1. Of the seven (7) members, one shall serve for a period of one year, one for a period of two (2) years, one for a period of three (3) years, one for a period of four (4) years, one for a period of five (5) years, one for a period of six (6) years, and one for a period of seven (7) years. Thereafter, such members shall serve for a period of five (5) years. Vacancies shall be filled by appointments for unexpired terms only.
2. All members of the commission shall serve without compensation, except that, if the village board of trustees deems it advisable, they may receive such compensation as may be fixed from time to time by said village board of trustees and provided for in the appropriation ordinance.
D. Procedure: The village president shall appoint a chairman, from the membership of the commission and subject to approval of the board of trustees, who shall hold office for a term of one year and who may be reappointed. Immediately following their appointment, the members of the plan commission shall meet, organize, appoint a secretary and vice chairman and such other officers as it may deem necessary, and adopt and later change or alter, rules and regulations of organization and procedure consistent with village ordinances and state laws. The commission shall keep written records of its proceedings, which shall be open at all times to public inspection. The commission shall also file an annual report with the president and board of trustees setting forth its transactions and recommendations.
E. Powers And Duties: Said plan commission shall have the following powers and duties:
1. To prepare and recommend to the village board of trustees a comprehensive plan for the present and future development or redevelopment of the village and contiguous unincorporated territory not more than one and one-half (11/2) miles beyond the corporate limits of the village and not included in any other municipality. Such plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official comprehensive plan, or part thereof, of the village. Such plan shall be advisory except as to such part thereof as has been implemented by ordinances duly enacted by the village board of trustees. All requirements for public hearing, filing of notice of adoption with the county recorder of deeds and filing of said plan and ordinances with the village clerk shall be complied with as provided for by law.
To provide for the health, safety, comfort, and convenience of the inhabitants of the village and contiguous territory, such plan or plans shall establish reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment in respect to "public improvements" as herein defined and shall establish reasonable requirements governing the location, width, course, and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, park, playgrounds, school grounds, size of lots to be used for residential purposes, stormwater drainage, water supply and distribution, sanitary sewers, and sewage collections and treatment. The requirements specified herein shall become regulatory only when adopted by ordinance.
2. To designate land suitable for annexation to the municipality and the recommended zoning classification for such land upon annexation.
3. To recommend to the village board of trustees from time to time such changes in the comprehensive plan, or any part thereof, as may be deemed necessary.
4. To prepare and recommend to the village board of trustees, from time to time, plans and/or recommendations for specific improvements in pursuance of the official comprehensive plan.
5. To give aid to the officials of the village charged with the direction of projects for improvements embraced within the official plan, or parts thereof, to further the making of such improvements and generally to promote the realization of the official comprehensive plan.
6. To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding.
7. To cooperate with the municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area.
8. To conduct hearings on amendments to this title and make recommendations to the village president and board of trustees as provided in this title.
9. To review all plats of subdivision or resubdivision submitted to the board of trustees and to grant or reject preliminary approval of same as provided under 65 Illinois Compiled Statutes 5/11-12-8, as amended.
10. To exercise such other powers germane to the powers granted under authority of an act of the general assembly of the state of Illinois entitled "Illinois municipal code", approved May 29, 1961, and as amended 3 , as may be conferred by the board of trustees of the village.
F. Improvements: The village clerk shall furnish the plan commission, for its consideration, a copy of all ordinances, plans and data relative to public improvements of any nature. The plan commission may report in relation thereto if it deems a report necessary or advisable, for the consideration of the board of trustees.
G. Expenditures:
1. The commission may, at the discretion of the board of trustees, employ a paid secretary or staff, or both, whose salaries, wages, and other necessary expenses shall be provided for by the board of trustees from the public funds.
2. If said plan commission shall deem it advisable to secure technical advice or services, it may be done upon authority from the board of trustees and appropriations by the board of trustees therefor. (Ord. 961, 2-12-1997, eff. 2-22-1997)
Notes
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| 2 | 2. 65 ILCS 5/11-12-4. |
| 3 | 1. 65 ILCS. |
The board of trustees shall:
A. Receive from the zoning board of appeals recommendations, amendments, and variations to this title and determine final disposition of any such matter.
B. Receive recommendations from the plan commission relating to special use permits, planned developments, mobile home parks zonings, and determine the final disposition of any such application.
C. Review all applications for nonlisted uses and determine the final disposition of any such applications.
D. Decide all matters upon which it is required to pass under this title. (Ord. 961, 2-12-1997, eff. 2-22-1997)
A. Committee Created: A committee, including the chairperson, to be known as the residential development housing committee is hereby established.
B. Appointments: The committee shall consist of three (3) village trustees and two (2) members of the zoning board of appeals. All such appointments shall be made by the village president.
C. Guidelines For Operation: The guidelines for this committee are as follows:
1. All committee meetings are open to the public and subject to compliance with the open meetings act.
2. The committee shall have the authority to establish its own rules of procedures as long as they are not inconsistent with this section.
3. The committee shall not incur any expenses without prior village board approval.
D. Duties: The committee shall have the following duties:
1. To act as a liaison on behalf of the village board and zoning board of appeals with respect to residential developers; and
2. To keep the village board and zoning board of appeals apprised of any concerns or issues that need to be addressed pertaining to new residential developments; and
3. To review plans, concepts, or drawings which pertain to residential development and report their findings to the village board and zoning board of appeals; and
4. To issue recommendations to the village board relative to the adoption of ordinances which promote continued residential growth in a manner not inconsistent with the village's plans; and
5. To formulate policies which help ensure and maintain high level residential construction; and
6. To review and recommend modifications to ordinances relative to architectural review or building code provisions pertaining to new residential construction; and
7. Any other duties as prescribed by the village president and board of trustees. (Ord. 1373, 10-12-2005)
A. Generally: Except as otherwise provided, no permit pertaining to the use of land or buildings, including building permits, business licenses and occupancy permits shall be issued unless the application for such permit has been examined by the zoning administrator and has affixed to it his certificate, indicating that the proposed use of land, buildings or structures, complies with all the provisions of this title. Any certification of zoning issued in conflict with the provisions of this title shall be null and void.
B. Exceptions: No certification shall be required for maintenance, repair, minor structural alterations determined to be routine and minor by the building inspector.
C. Plats And Plans: Every application for a certification of zoning with the exception of occupancy permits, or as hereinafter provided, shall be accompanied by:
1. Two (2) copies of a current plat of the piece or parcel of land, lot, lots, block or blocks or parts or portions thereof, drawn to scale showing the actual dimensions and monumenting, as certified by a registered Illinois land surveyor, as a true copy of the piece or parcel, lot, lots, block or blocks or portion thereof, according to registered or recorded plat of such land.
2. Two (2) copies of additional drawings drawn to a scale in such form as may, from time to time, be presented by the zoning administrator showing the ground area, height and bulk of the building or structure, the building lines in relation to lot lines. The use to be made of the building, structure or land and such other information as may be required by the zoning administrator for the proper enforcement of this title.
3. Two (2) copies of a plan detailing the number and configuration of parking spaces, points of ingress and egress, areas to be landscaped and construction specifications.
The zoning administrator may, in those cases where in his judgment the information is not necessary because of existing evidence, waive all or portions of the requirements of subsections C1, C2 and C3 of this section.
D. Occupancy Permits: Prior to affixing a certification of zoning to any occupancy permit, the zoning administrator shall conduct an on site inspection of any building, structure, or use where an occupancy permit is required. When the zoning administrator has inspected such locations and determined that all provisions of this title have been complied with, he will affix a certification of zoning. Any certification of zoning issued in conflict with the provisions shall be null and void.
E. Issuance And Appeals: Within fifteen (15) days after the receipt of a complete and valid application, the zoning administrator shall take action. If all provisions of this title have been complied with, the zoning administrator shall issue a certification of zoning. If the provisions of this title have not been met, the zoning administrator shall not issue a certification of zoning and will notify the applicant in writing of the reasons for refusal. If the zoning administrator fails to act within fifteen (15) days, the applicant may treat the application as denied and file an appeal to the zoning board of appeals in the manner prescribed in section 11-2-10 of this chapter.
F. Period Of Validity: If the certification of zoning is affixed to a business license or building permit, the certification shall remain valid for the period of validity of the business license or building permit. No certification of zoning for an occupancy permit shall be valid for a period longer than one hundred eighty (180) days from the date of its issuance unless the use or occupancy authorized has been established within such period. (Ord. 961, 2-12-1997, eff. 2-22-1997)
A. Authorized: In specific cases where practical difficulties or a particular hardship would be incurred by the strict application of the provisions of this title, the zoning board of appeals, after conducting a public hearing, may recommend to the board of trustees a variance of the regulations of this title, but only in accordance with the requirements set forth in this section.
Variances from the regulations of this title shall be recommended by the zoning board of appeals only in accordance with the standards established and may be recommended in the following instances and in no others:
1. To permit any yard or setback less than a yard or a setback required by the applicable regulations;
2. To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than seventy five percent (75%) of the required area and width;
3. To permit the same off street parking facilities to qualify as required facilities for two (2) or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
4. To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space, or twenty five percent (25%) of the required facilities, whichever number is greater;
5. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served;
6. To permit a variance relative to the maximum height above grade, or the minimum elevation (head clearance) above grade of signs; to permit a variation relative to minimum setback requirements for signs; and to permit a variation relative to maximum projection of signs in all districts;
7. To permit a variance relative to minimum dwelling size within a residential district;
8. To permit a variance of the conditions of use or special requirements of any district;
9. To permit the reconstruction of a nonconforming building or structure which has been damaged or destroyed by fire, explosions, acts of God or acts of a public enemy.
B. Procedures: The procedures for obtaining a variation from the requirements of this title shall be as follows:
1. Application: An application for a variation shall be filed with the zoning administrator, who will forward such applications to the chairman of the zoning board of appeals. The application shall contain such information that the board of trustees may, by rule require.
2. Hearing; Notice: The zoning board of appeals shall hold a public hearing within sixty (60) days after receiving the application from the zoning administrator. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation in the village not more than thirty (30) days nor less than fifteen (15) days before such hearing.
3. Notice To Nearby Property Owners: Whenever there is a petition for a zoning amendment, a variance, special use permits or any matter requiring a public hearing, a certified letter with a receipt of mailing shall be sent to all the real estate taxpayers of record within one hundred fifty feet (150') of the property, and signs placed on the property in question stating the date and time of the proposed hearing for the zoning change. Also the hearing will not take place unless the petitioner can show proof that the above requirements have been satisfied.
4. Zoning Board Of Appeals, Recommendations: Within thirty (30) days of the public hearing, the zoning board of appeals shall submit their findings and recommendations to the board of trustees. The zoning board of appeals may recommend approval or denial of any variation authorized.
C. Action By Board Of Trustees:
1. Act On Report From Zoning Board Of Appeals: The board of trustees shall not act upon a proposed variation to this title until it shall have received a written report and recommendation from the zoning board of appeals on the proposed variation.
2. Protest Against Application: The board of trustees may grant or deny any application for a variation; provided, however, that in case of a written protest against any proposed variation, signed and acknowledged by the 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 an alley therefrom, or by the owners of twenty percent (20%) of the frontage, directly opposite the frontage proposed to be altered, is filed with the village clerk, the variation shall not be passed, except by a favorable vote of two-thirds (2/3) of the board of trustees.
3. Failure To Act Constitutes Denial: If an application for a proposed variation is not acted upon finally by the board of trustees within ninety (90) days of the date the board of trustees receives the zoning board of appeals' recommendations, and such time is not extended by mutual consent of the board of trustees and petitioner, it shall be deemed to have been denied.
D. Standards For Issuance: The zoning board of appeals shall not make a recommendation to the board of trustees, to vary the regulations of this title unless in each specific case that:
1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a practical difficulty or particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;
2. The conditions upon which an application for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property within the same zoning classification;
3. The purpose of the variation is not based exclusively upon a desire to increase financial gain;
4. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the property;
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 congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this section and the objectives of this title.
E. Term: No ordinance varying the requirement of this title shall be valid for a period longer than one year from the date of such ordinance unless the permitted variation has been substantially implemented.
F. Effect Of Denial: No application for a variation which has been denied by the board of trustees 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 conditions found to be valid by the board of trustees. (Ord. 961, 2-12-1997, eff. 2-22-1997)
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