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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)
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)
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. |
A. Establish Schedule Of Fees: The board of trustees shall establish a schedule of fees, charges and expenses required for zoning certificates, certificates of occupancy, business licenses, variations, special use permits, amendments, planned developments, appeals, mobile home parks and other matters pertaining to this title.
B. Reimbursement For Village Expenses: Applicants for zoning map amendments, variations, conditional uses, special permits, and construction plans of any kind shall be required to reimburse the village for the reasonable expenses incurred by the village for services of the village engineer and village attorney in connection with such requests, including the services rendered in preparation and review of documents, ordinances, plans, specifications and the like, as well as attendance at hearings, if required.
No building permit or construction permit shall be issued until satisfactory proof of payment is submitted by the applicant to the village clerk. Applicant shall execute an acknowledgment, a copy of which is attached to the ordinance codified herein.
C. Payment Of Fees:
1. Payment Required: Until all such fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application.
2. Payment To Collector: All fees shall be paid to the office of the village collector. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. Ord. 1413, 11-8-2006; Ord. 1916, 5-22-2019)
Any person who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any provisions of this title, shall be subject to penalty as provided in section 1-4-1 of this code for each offense. Each day a violation is permitted to exist after notification thereof is given by regular mail by the village to the last known address of such person shall constitute a separate offense. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code)