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§ 157.124 PROCEDURES FOR INITIAL ZONING PURSUANT TO ANNEXATION AGREEMENT.
   Whenever a proposed annexation agreement containing provisions for zoning is filed with the village, the proposed agreement shall serve as the petition for amendment; hearing shall be conducted in accordance with § 157.123 of this chapter. In the event a proposed annexation agreement requests variations of the provisions of this chapter, the Planning Commission shall consider the variations requested along with the other zoning issues. The notices required by § 157.123 of this chapter shall include a notice of the requested variation.
(Prior Code, § 151.065) (Ord. 96-010, passed 4-1-1996)
§ 157.125 SPECIAL USES.
   (A)   Purpose. The development and execution of this chapter is based upon the division of the village into districts, within any one of which the use of land, buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use of the particular location. Such special uses fall into two categories:
      (1)   Uses operated by a public agency or publicly-regulated utilities, or uses traditionally affected with a public interest; or
      (2)   Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
   (B)   Initiation. A written petition for a special use may be made by any person, firm or corporation who is the owner of real estate for which such special use is sought, requesting or intending to request application for a special use.
   (C)   Processing.
      (1)   A petition for a special use in the form attached at the end of this section and marked as Appendix B shall be filed with the Zoning Administrator. Such petition shall be forwarded by the Zoning Administrator to the Planning Commission with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of the petitioner and the time and place of the hearing:
         (a)   By publishing a notice thereof at least once in one or more newspapers in general circulation within the village not more than 30 days, nor less than 15 days, prior to the hearing; and
         (b)   By mailing a written notice before the hearing to the owners of the properties located adjacent to the location for which the special use is requested.
      (2)   Failure to comply with division (C)(1)(b) above shall not void the special use.
      (3)   The Planning Commission shall make a finding on the request and shall submit a recommendation to the Village Board for decision.
   (D)   Findings. Before any special use shall be recommended to the Village Board, the Planning Commission shall make written findings certifying that the special use:
      (1)   Is proposed to be operated, designed and located so that the public health, safety and welfare will be protected; and
      (2)   Will not cause substantial injury to the value of other property in the vicinity in which it is located.
   (E)   Decisions. The Village Board, after receiving the finding and recommendation and minutes of the Planning Commission and without further public hearing, may grant or deny the proposed special use by ordinance or may refer it back to the Planning Commission for further consideration.
(Prior Code, § 151.066) (Ord. 96-010, passed 4-1-1996)
§ 157.126 ZONING BOARD OF APPEALS.
   (A)   General.
      (1)   Creation. A Zoning Board of Appeals is hereby created for the village, whose members shall also be the members of the Planning Commission. The Zoning Board of Appeals shall consist of five members who shall serve for a term of five years; provided that, the members first appointed after 8-1-2010 shall serve terms as follows: one shall serve a term of one year; one for two years; one for three years; one for four years; and one for five years; the successor to each member so appointed to serve a term of five years. One of the members so appointed shall be named as Chairperson at the time of his or her appointment. The terms of the members shall commence on the date of their appointment. The amount of compensation, if any, shall be $35 per meeting, either of the Zoning Board of Appeals or of the Planning Commission. The members shall be subject to removal by the President and Board of Trustees of the village for good cause after public hearing. Members of the Zoning Board of Appeals shall have the powers and duties assigned to the Zoning Board of Appeals by statute and ordinance.
      (2)   Membership. All appointments to the Zoning Board of Appeals shall be made by the Village President subject to approval of the Village Board. One of the members so appointed shall be named as Chairperson by the Village President with approval of the Village Board at the time of his or her appointment. Vacancies shall be filled as soon as possible for the unexpired term of any members whose place has become vacant. In the event that the office of Chairperson is vacated for any reason, the Village President with approval of the Village Board shall immediately appoint, at his or her option, either one of the remaining members of the Board, or any member who is appointed to fill such vacancy on the Board as the new Chairperson.
      (3)   Jurisdiction and authority. The Zoning Board of Appeals is hereby vested with the powers as granted by the statutes of the state and this chapter as follows:
         (a)   To hear and recommend appeals from any order, requirement, decision or determination made by the Zoning Administrator pertaining to conformance with requirements of this chapter;
         (b)   To hear and recommend variations from the terms provided in this chapter in the manner and subject to the standards set forth in this section; and
         (c)   To hear and decide all other matters upon which it is required to pass under this chapter.
(Prior Code, § 151.067)
   (B)   Procedures of the Zoning Board of Appeals.
      (1)   All meetings requested of the Zoning Board of Appeals shall be held at the call of its Chairperson, and at such other times as the Board may determine. All testimony by witnesses at any hearing provided for in this chapter shall, at the option of the Chairperson, be given under oath. The Chairperson, or in the Chairperson’s absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall comply with the Open Meetings Act. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of other official actions. Every, rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall immediately be filed in the office of the Village Clerk and shall be a public record.
      (2)   The concurring vote of four members of the Zoning Board of Appeals is necessary to reverse or affirm, wholly or partly, any order, requirement, decision or determination made by the Zoning Administrator, or to decide in favor of the applicant any matter under this chapter.
(Prior Code, § 151.068)
(Ord. 96-010, passed 4-1-1996; Ord. 2003-012, passed 5-5-2003; Ord. 2010-029, passed 8-2-2010)
§ 157.127 APPEALS PROCEDURES.
   (A)   Initiation. An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation or by any office, department, board, bureau or commission, aggrieved by an administrative order, requirement, decision or determination under this chapter by the Zoning Administrator or other authorized official of the village.
   (B)   Processing. An appeal shall be filed with the Zoning Administrator, who shall forward such petition with all exhibits and papers constituting the record upon which the action was taken to the Zoning Board of Appeals for processing in accordance with the applicable statutes of the state. The Zoning Board of Appeals shall within 30 days fix a time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal. Upon the hearing, any party may appear in person or by agent or by attorney.
   (C)   Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed, or otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a Circuit Court on application and on notice to the officer from whom the appeal is taken, and on due cause shown.
(Prior Code, § 151.069) (Ord. 96-010, passed 4-1-1996)
§ 157.128 VARIATIONS.
   (A)   Initiation. A written petition for a variance, a copy of which is at the end of the chapter in Appendix C, may be made by any person, firm or corporation which is the owner of real estate for which such variation is sought.
   (B)   Processing.
      (1)   A petition for a variance shall be filed with the Zoning Administrator Such petition shall be forwarded to the Zoning Board of Appeals with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of the petitioner and the time and place of the hearing:
         (a)   By publishing a notice thereof at least once in one or more newspapers in general circulation within the village not more than 30, nor less than 15, days prior to the hearing; and
         (b)   By giving a written notice by mail before the hearing to the owners of the properties located adjacent to the location for which the variation is requested.
      (2)   Failure to comply with division (B)(1)(b) above will not void the proposed variance.
   (C)   Standards.
      (1)   The Zoning Board of Appeals shall not recommend variance of the provisions of this chapter as authorized in this section unless it shall have made findings based upon the evidence presented to it that all of the following conditions apply:
         (a)   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)   The plight of the owner is due to unique circumstances; and
         (c)   The variance, if granted, will not alter the essential character of the locality.
      (2)   The Zoning Board of Appeals, in making the foregoing determination may take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
         (a)   The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of regulation were to be carried out;
         (b)   The conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification;
         (c)   The purpose of the variance is not based exclusively upon a desire to make more money out of the property;
         (d)   The alleged difficulty or hardship has not been created by any person presently having an interest in the property;
         (e)   The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or
         (f)   The proposed variance 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.
      (3)   The Zoning Board of Appeals may require such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variance upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.
   (D)   Authorized variations. Variations from the regulations of this chapter may be recommended by the Zoning Board of Appeals only in accordance with the standards set forth in this section and only in the following instances:
      (1)   To permit a height greater than allowed;
      (2)   To permit a yard less than the yard required by the applicable regulation;
      (3)   To permit the use of a lot located in a residence district having insufficient area and width for a single-family dwelling; provided, such lot is of record on the effective date of the ordinance codified in this section;
      (4)   To permit the use of any lot not covered above, for a use otherwise prohibited solely because of insufficient area of the lot;
      (5)   To permit the same off-street parking spaces to qualify as required spaces for two or more uses; provided that, the maximum use of such facility by each user does not take place during the same hours of the same days of the week;
      (6)   To reduce the applicable off-street parking or loading requirements;
      (7)   To authorize a use of land where an amendment to the village zoning district classification causes practical difficulties or hardships;
      (8)   To vary requirements for fences; and
      (9)   To vary setback requirements, in an area permitting duplex structures, to allow a duplex structure to be situated on more than one separately platted lot, but subject to the following conditions:
         (a)   The duplex structure will be bisected by the lot line, and each dwelling unit will be located exclusively on one lot, except for a party wall which is bisected by the lot line;
         (b)   A party wall agreement or other appropriate covenant will be recorded with the Recorder of Deeds of the county with respect to both lots, which will provide for the perpetual maintenance of the party wall and reconstruction of the structure in event of fire or casualty;
         (c)   The variance will cease to exist if a structure containing one or more dwelling units, other than a duplex structure bisected by the lot line and meeting the requirements of this section, is constructed on either or both lots;
         (d)   The duplex structure would otherwise meet the minimum lot area requirement and all other requirements of this chapter, including setback requirements, if the two lots on which it is located, taken together, were considered a single lot; and
         (e)   If a lot is divided, a tract survey is prepared, approved and recorded in accordance with the subdivision regulations of the village.
   (E)   Decisions.
      (1)   The Zoning Board of Appeals, at the conclusion of the public hearing, promptly thereafter shall submit a report of its findings and recommendations on each petition to the Village Board.
      (2)   The Village Board, after receiving the report of the Zoning Board of Appeals and without further public hearing, except for any new matter not presented to the Zoning Board of Appeals and which the Village Board deems relevant, may grant or deny by majority vote and proposed variation or may refer it back to the recommending body for further consideration.
(Prior Code, § 151.070) (Ord. 96-010, passed 4-1-1996; Ord. 2003-028, passed 10-6-2003)
§ 157.129 FEES FOR VARIANCES, APPEALS AND AMENDMENTS.
   (A)   Any application for a variance or appeal filed by or on behalf of the owner or owners of the property affected shall be accompanied by a fee of $200.
   (B)   Any application for an amendment or special use filed by or on behalf of the owner or owners of the property affected shall be accompanied by a fee of $200.
   (C)   Any application for any action, filed by an officer, board or commission of the village, not on behalf of any specific private interest, shall not be accompanied by any fee.
(Prior Code, § 151.071) (Ord. 96-010, passed 4-1-1996)
§ 157.130 NUISANCES.
   Every structure and lot which is in violation of this chapter is hereby declared a nuisance. The village may apply to a Court of competent jurisdiction for equitable relief to restrain, enjoin or abate any such nuisance.
(Prior Code, § 151.073) (Ord. 96-010, passed 4-1-1996)
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