11-2-7: VARIANCES:

   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)

11-2-8: AMENDMENTS:

   A.   Generally: The regulations and districts established by this title may be amended from time to time by the board of trustees through the enactment of an amending ordinance. No such amending ordinance shall be adopted prior to zoning board of appeals conducting a public hearing and submitting a report of its finding and recommendations to the board of trustees. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   B.   Initiation: Amendments may be proposed by the board of trustees, zoning board of appeals, plan commission, village administrator, zoning administrator, and by any other person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.

   C.   Procedures:

      1.   Application: An application for an amendment shall be filed with the zoning administrator, who shall forward such application to the zoning board of appeals prior to the next scheduled meeting of the zoning board of appeals. The application shall be in such form and contain such information and be accompanied by such plans as the board of trustees may by rule require.

      2.   Notice Of Hearing: 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 the 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. Notice shall also be given to all adjacent property owners as provided in subsection

   D.   Standards: The zoning board of appeals shall not make a recommendation to the board of trustees to amend the ordinance or map unless:

      1.   The proposed amendment would not be contrary to the general welfare.

      2.   There is no administrative procedure available and preferable to rezoning.

      3.   The original purpose of the zoning regulation for which change is being proposed would not be impeded by the proposed amendment.

      4.   There are no sites for the proposed use in existing districts permitting such use.

      5.   The proposed change is not contrary to the established land use pattern and the comprehensive plan.

      6.   The change would not create an isolated, unrelated district.

      7.   There have been major land use changes since the zoning regulations applied which support the proposed amendment.

      8.   The owner of the property cannot realize an economic benefit from uses in accord with existing zoning.

      9.   The change in existing district boundaries would not be inconsistent with existing uses.

      10.   The proposed change would not conflict with existing commitments or planned public improvements.

      11.   The change would not contribute to traffic congestion or dangerous traffic patterns.

      12.   Change would not alter the population density pattern through creating a harmful increase on use of public facilities, e.g., schools, sewer and water, parks.

      13.   The change would not adversely influence living conditions in the vicinity due to any type of pollution.

      14.   Property value in the vicinity would not be decreased by the proposed amendment. (Ord. 1133, 4-25-2001)

11-2-9: SPECIAL USE PERMITS:

   A.   Generally:

      1.   Uses Of Land And Buildings: This title is based upon the division of the village into districts, within which the uses of land, and the uses and bulk of buildings and structures, are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district upon considerations in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses fall into three (3) categories:

         a.   Uses publicly operated or traditionally affected with a public interest.

         b.   Uses entirely private in character, but of such an unusual nature that their operation may give use to unique problems with respect to their impact upon neighboring property, public facilities, or the village, as a whole.

         c.   Uses, either public or private, that because of past or present conditions need special consideration.

      2.   Conditions Of Permit: A special use permit shall authorize only such uses that are listed on the permit and only under the conditions of this title and any such other conditions that may be made part of the special use permit. A special use permit shall be null and void unless work thereon is substantially underway within twelve (12) months of the date of issuance. The board of trustees, based on evidence presented in a written application may extend the twelve (12) month limit for implementing uses permitted by a special use permit.

   B.   Authorized: Special use permits may be granted by the board of trustees, but only in accordance with the requirements set forth in this section.

   C.   Procedures: With the exception of special uses for planned development and for mobile home park applications (such applications shall be processed in accordance with section 11-2-11 of this chapter and chapter 3 of this title), the process for obtaining a special use permit shall be as follows: (Ord. 961, 2-12-1997, eff. 2-22-1997)

      1.   Application: An application for a special use permit shall be filed with the zoning administrator, who shall forward such application to the plan commission prior to the next scheduled meeting of the plan commission. The application shall be in such form and contain such information and be accompanied by such plans as the board of trustees may by rule require.

      2.   Notice Of Hearing: The plan commission shall hold a public hearing within sixty (60) days after receiving the application from the zoning administrator. Notice of time and place of the 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. Notice shall also be given to all adjacent property owners as provided in subsection

      3.   Written Report To Board Of Trustees: The plan commission shall, within sixty (60) days after the hearing, transmit a written report detailing its findings and recommendations to the board of trustees. The report should contain:

         a.   The extent to which the proposed special use departs from the zoning and subdivision regulations of the village.

         b.   The conformance or nonconformance of the proposed special use.

         c.   The relationship and compatibility of the proposed special use to adjacent properties and neighborhoods.

         d.   The effect of the proposed special use on the development pattern, tax base and economic well being of the village.

         e.   Any necessary conditions or guarantees. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. Ord. 1132, 4-25-2001)

   D.   Action By Board Of Trustees:

      1.   Protest Against Amendment: After receiving the plan commission report, the board of trustees may, based on the standards contained in subsection E of this section, grant or deny the application for a special use permit; provided, however, that in the case of a written protest against proposed amendment of the regulations or districts, 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 amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the board of trustees.

      2.   Conditions Of Ordinance: The ordinance granting a special use permit shall include all conditions of such special use permit.

      3.   Failure To Act Constitutes Denial: If an application for a proposed special use is not acted upon finally by the board of trustees within ninety (90) days of the date the board of trustees receives the plan commission report, and such time is not extended by mutual consent of the board of trustees and the petitioner, it shall be deemed to have been denied.

   E.   Standards For Issuance: No special use permit shall be granted unless:

      1.   The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public's health, safety, morals, comfort, or general welfare.

      2.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

      3.   The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

      4.   Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.

      5.   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

      6.   The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the board of trustees pursuant to the recommendation of the plan commission.

   F.   Effect Of Denial: No application for a special use permit 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 grounds of new evidence or proof of change of condition found to be valid by the board of trustees. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-2-10: APPEALS:

   A.   Generally: An appeal may be taken to the board by any person, firm or corporation, or by an officer, department, board or bureau of the village aggrieved by a decision of the administrative official of the village charged with the responsibility of enforcing this title, said individual hereinafter referred to as "zoning administrator". Each appeal shall be taken within sixty (60) days or such lesser time as shall be prescribed by the board by general rule, by filing with the zoning administrator involved and with the board a notice of appeal, specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

   B.   Hearing:

      1.   Time, Place And Conditions: 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. The petitioner shall apply and pay for a written transcript of the proceedings held as a result of his petition, and shall deliver same to the board prior to any decision being made by the board in the case of petitions for variances or conditional use, and in any other case where required by the board.

      2.   Payment Of Fee: The filing of an appeal before the board shall be accompanied by a check or money order, made payable to the village, in accordance with the fee schedule adopted by the board of trustees. All monies received for filing of appeals shall be credited to the general fund of the village.

   C.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board 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, granted by the board or by a court of record on application and on notice to the zoning administrator, and on due cause shown.

   D.   Decisions: The zoning board of appeals shall render a written decision on the appeal within a reasonable time, but in no event more than ninety (90) days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties. The zoning board of appeals may affirm or may, upon the concurring vote of four (4) members, reverse, wholly or in part, or modify the decision of the zoning administrator, as in its opinion ought to be done, and to that end shall have the powers of the zoning administrator. All decisions, after hearing the zoning board of appeals from the administrative order, requirement, decision or determination of the zoning administrator shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable law. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code)

11-2-11: SPECIAL USE PERMITS FOR MOBILE HOME PARKS:

   A.   Request For Permit: A request for a special use permit for a mobile home park shall be subject to the same requirements and procedures as a planned development as detailed in chapter 3 of this title.

   B.   Variance To Requirements: The zoning administrator with the consent of the plan commission may vary requirements of chapter 3 of this title if in their opinion the requirements are clearly not applicable to a mobile home park. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-2-12: GROUP HOME LICENSING REQUIREMENTS:

   A.   License Required; Exception: It shall be unlawful for any person to conduct or operate any group home within the village, without first obtaining a license therefor. Provided, however, if any person has been issued a group home license by the state, he shall not be required to obtain a license from the village; however, said group home shall comply with all of the requirements of subsection C of this section.

   B.   Application For License: Application for a license to conduct and operate a group home shall be made in conformity with the general requirements of the municipal ordinances of Monee relating to applications for licenses 1 . The application shall be under oath and shall contain:

      1.   The location of the group home for which a license is sought;

      2.   The number of persons who will be residing on the premises;

      3.   The name and address of the applicant if an individual, and if a firm, partnership or association, of every member thereof, and in the case of a corporation, the principal address of the corporation and name and address of its officers;

      4.   The name of the person or persons under whose management or supervision the group home will be conducted;

      5.   Such information relating to the number, experience and training of employees of the group home and of the moral character of the applicant and employees as the board of trustees may deem necessary.

   C.   Health And Safety Requirements: No license shall be issued by the village for any group home unless all of the following health and safety requirements shall be satisfied. To be licensed by the village, all group homes for the handicapped shall meet the following criteria:

      1.   Applicant must demonstrate that he has obtained or is in the process of obtaining a state license or certificate to operate the proposed group home.

      2.   Demonstrate that the occupants meet the criteria for group home living as required by state and local requirements.

      3.   Provide professional staff as required by the occupants' evaluated needs, and to provide twenty four (24) hour staff where occupants have or are diagnosed as having impaired ability to live independently.

      4.   To provide a dwelling unit which meets the following minimum space requirements:

         a.   Living room, one hundred fifty (150) square feet.

         b.   Dining room, one hundred (100) square feet.

         c.   Kitchen, sixty (60) square feet.

         d.   Bathroom must be contained entirely within the unit and afford privacy to the occupant, and provide the spacing clearance between fixtures as required by applicable existing village ordinances, and shall contain a water closet, sink, and tub or shower enclosure.

         e.   Bedrooms, seventy (70) square feet minimum, plus seventy (70) square feet for the first occupant, with fifty (50) square feet per additional occupant.

      5.   Each group home may be located no closer than six hundred feet (600') from the next nearest group home.

      6.   Have received an occupancy certificate issued by the building department after passing an occupancy inspection, meeting the criteria of the village code, and the requirements of the Monee fire protection district.

   D.   License Fees; Exemption; Term:

      1.   License Fee: The annual fee for a license to conduct a group home shall be two hundred dollars ($200.00).

      2.   Exemption For No Charge To Residents: Group homes which are operated without a charge being made to the residents shall be exempt from payment of the license fee. Application for license for such group home shall be accompanied by an affidavit stating that no charge is made to the residents. After investigation by the Will County health department and upon recommendation of that body, any group home that is not operated for gain, even where a charge is made to the residents, shall be exempt from payment of the license fee by specific action of the board of trustees. Such exemption shall continue only for the duration of the license period.

      3.   Term Of License: Every license issued under this section shall expire on April 30, following the date of its issuance.

   E.   Display Of License; Transfer: The license shall be displayed in a conspicuous place near the main entrance inside the home. A license shall be valid only in the hands of the person to whom it is issued, and it shall not be subject to sale, assignment or transfer, voluntarily or involuntarily, nor shall a license be valid for any premises other than those for which originally issued.

   F.   Investigation; Issuance Of License: The village clerk, upon receipt of an application for license hereunder, shall cause the Will County health department, the building inspector, the fire inspector and the police department to make a thorough investigation of the premises and facilities proposed to be licensed. If all provisions prescribed are met, and the applicant is otherwise qualified, the village shall issue a license to the applicant to conduct a group home at the location specified. The license shall state the maximum number of residents that may be accommodated at any one time.

   G.   Inspection: Every group home shall be open at all reasonable times to inspection by the Will County health department, the building inspector, and the fire inspector as often as is deemed necessary.

   H.   Penalty:

      1.   Penalty Imposed: Any person violating any of the provisions of this section shall be subject to penalty as provided in section 1-4-1 of this code for each offense, and a separate and distinct offense shall be considered as having been committed for each and every day on which any person shall be guilty of such violation.

      2.   Closure Of Home: Whenever an inspection of a group home discloses that the continued operation of such facility would be found to be an immediate and serious menace to public health and safety, either the Will County health department, the building inspector, or the fire inspector is hereby authorized to close such group home forthwith. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code)

 

Notes

1	1. See title 3, chapter 1 of this code.