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Certificates for the continued occupancy of nonconforming uses existing at the time of passage of this chapter or made nonconforming by this chapter, shall state that the use is a nonconforming one and does not conform with the provisions of this chapter. The Zoning Administrator shall notify the owners of the property being used as a nonconforming use and shall furnish said owner with a certificate of occupancy for such nonconforming use.
(Ord. 77-08, passed 6-28-77)
(A) Creation and procedure.
(1) A Board of Appeals is hereby created. The word Board when used in this section shall be construed to mean the Board of Appeals. The Board shall consist of seven members appointed by the President and confirmed by the Board of Trustees of the village. The members of the Board shall serve respectively for the following terms: one for one year; one for two years; one for three years; one for four years; one for five years; one for six years; and one for seven years; the successor to each member so appointed to serve for a term of five years; one of the members so appointed shall be named as Chairman at the time of his appointment. The President of the village shall have the power to remove any member of the 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.
(2) All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson or at such other times as the Board may determine. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The Chairperson, or in his absence the Vice Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating the fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, specifying the reasons for making or denying such variation. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with the statute in such case made and provided.
(3) The Zoning Board of Appeals shall decide matters as authorized by this chapter in a specific case and after public hearing. A concurring vote of four members of the Zoning Board of Appeals shall be necessary on any matter upon which it is authorized to decide by this chapter.
(B) Jurisdiction and authority. The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:
(1) To hear an appeal from an administrative order, requirement, decision, or determination made by the Zoning Administrator under this chapter, and to report its recommendations to the Village Board.
(2) To hear all matters referred to it upon which it is required to decide under this chapter and to report its recommendations to the Village Board.
(3) The concurring vote of four members of the Village Board shall be necessary to reverse any order, requirements, decision or determination of the Zoning Administrator or to decide in favor of the applicant any matter upon which it is required to pass under this chapter.
(Ord. 77-08, passed 6-28-77)
(A) Authority. The Zoning Board of Appeals shall hear appeals from an administrative order, requirement or determination under this chapter made by the Zoning Administrator and make its recommendations to the Village Board.
(B) Initiation and processing. An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by an office, department, board, bureau or commission aggrieved by an administrative order, requirement, decision or determination under this chapter.
(1) The appeal shall be taken within such time as shall be prescribed by the Board of Appeals by a general rule by filing with the Village Clerk and with the Board of Appeals, a notice of appeal, specifying the ground thereof. Such appeal shall be taken upon forms provided by the Zoning Board of Appeals. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.
(2) An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Appeals, 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 Board of Appeals or by a court of record on application and on notice to the officer from whom the appeal is taken, and on due causes shown.
(3) The Board of Appeals shall fix a reasonable time for the hearing of appeal and give due notice thereof to the parties and make recommendation on the appeal to the Village Board within a reasonable time. Any party may appear in person or by agent or attorney.
(4) The Board of Appeals may recommend the reversal or affirmation, wholly or partly, or may recommend the modification of the order, requirement, decision or determination, as in its opinion ought to be made in the situation and to that end all the powers of the officer from whom the appeal is taken.
(C) Decision. All decisions of the Village Board, after hearing by and recommendation of the Zoning Board of Appeals from an administrative order, requirement, decision or determination of the Zoning Administrator shall in all instances be final administrative determination and shall be subject to judicial review only in accordance with applicable Illinois statutes.
(Ord. 77-08, passed 6-28-77)
(A) Authority. The Village Board of Trustees shall decide variations of the provisions of this chapter in harmony with its general purpose and intent, and shall vary them only in the specific instances hereinafter set forth where the Zoning Board of Appeals shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
(B) Initiation. An application for a variation may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request application for a building permit, zoning certificate or occupancy certificate.
(C) Processing. An application for a variation shall be filed with the Village Clerk. The Village Clerk shall forward such application to the Zoning Board of Appeals for processing in accordance with applicable statutes of the State of Illinois and the provisions of this chapter. No variation shall be recommended by the Zoning Board of Appeals except after a public hearing before the Zoning Board of Appeals, of which there shall be a notice of time and place of the hearing published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers with a general circulation within the village, and a written notice is served at least 15 days before the hearing on the owners of the properties located adjacent to the location for which the variation is requested.
(D) Decisions. All recommendations and findings of the Zoning Board of Appeals on variations arrived at after the hearing shall be accompanied by findings of fact specifying the reason or reasons for recommending the approval or disapproval of the variation, and the decision of the Village Board shall be final and subject to judicial review only in accordance with applicable statutes of the State of Illinois.
(E) Standards.
(1) The Board of Trustees shall not vary the provisions of this chapter as authorized in this section unless it shall have made findings based upon the evidence presented to it and the Board of Appeals in the following cases:
(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; or
(c) That the variation, if granted, will not alter the essential character of the locality.
(2) A variation shall be permitted only if the evidence, in the judgment of the Village Board, sustains each of the three conditions enumerated above.
(3) For the purpose of supplementing the above standards, the Board of Trustees, 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 surrounding, shape, or topographical conditions of the specific property involved will bring particular hardship upon the owner as distinguished from a mere 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 would not be applicable generally to other property within the same zoned 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 presently having an interest in the property;
(e) That the granting of the variation will 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 Village Board may require such conditions and restrictions upon the premises benefitted 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 chapter.
(F) Authorized variation. Variations from the regulations of this chapter shall be granted by the village only in accordance with the standards set out in this section, and may be granted only in the following instances and in no others:
(1) To permit up to 20% reduction in the front, side or rear yard required by this chapter;
(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot be less than 75% of the required area and width. The percentage set forth in this division (2) is not to be reduced by any other percentage for minimum lot width and area set forth in this chapter.
(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided the substantial use of such facility by each use 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 20% of the applicable regulations, whichever number is greater;
(5) To increase by not more than 20% the gross area of any sign;
(6) To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations;
(7) To extend the period of time a non-conforming use may continue or remain;
(8) To exceed any of the authorized variations allowed under this section, when a lot of record or a zoning lot, vacant or legally used on the effective date of this chapter, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding reduced in size so that the remainder of said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.
(G) Other variations. Variations other than those listed above may be granted by the Village Board, but only after a public hearing as set forth herein for an authorized variation, and a report from the Zoning Board of Appeals recommending the variation. The concurring vote of four members of the Village Board shall be necessary to grant a variation.
(Ord. 77-08, passed 6-28-77)
(A) Jurisdiction. The Plan Commission which has been duly established is the Plan Commission referred to in this chapter, and shall have the following duties under this chapter:
(1) To hear all applications for amendments and special uses and thereafter submit reports of findings and recommendations thereon to the Village Board in the manner prescribed in this section for amendments and special uses;
(2) To initiate, direct and review, from time to time, studies of the provision of this chapter, and to make reports of its recommendations to the Village Board not less frequently than, once each year; and
(3) To hear and decide all matters upon which it is required to pass under this chapter.
(B) Meetings and rules. All meetings of the Plan Commission shall be held at the call of the Chairperson, and at such times as the Plan Commission may determine. All hearings conducted by said Plan Commission under this chapter shall be in accordance with Illinois statutes. In all proceedings of the Plan Commission provided for in this chapter, the Chairperson, and in his absence the Vice Chairperson, shall have the power to administer oaths. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The Plan Commission shall keep minutes of its proceedings, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment and special use, and every recommendation, order, requirement, decision or determination of the Plan Commission under this chapter shall be filed in the office of the Village Clerk and shall be a public record. The Plan Commission shall adopt its own rules and procedures, not in conflict with this chapter or with applicable Illinois statutes.
(Ord. 77-08, passed 6-28-77)
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