(A) Zoning certificate procedure.
(1) No zoning permit pertaining to the use of land, structures or buildings shall be issued by any officer, department or employee of the village unless the application for such permit has been subjected to administrative review by the Village Manager for compliance with this chapter. Any permit issued in conflict with the provisions of this chapter shall be null and void. Zoning permits shall not be issued to any applicant so long as that applicant is indebted to the village for any prior fees of any type.
(2) Applications for zoning permits shall be filed in written form with the Village Manager on forms prescribed by him or her indicating:
(a) Legal description of the property;
(b) Name and address of applicant, owner and contractor;
(c) Uses to be established or expanded; and
(d) Other information deemed appropriate by the Village Manager to clearly denote the nature and character of the intended improvement and use.
(3) For all uses, except one- and two-family residential structures on platted regular shaped lots, the applications for a zoning certificate shall be accompanied by a drawing to scale showing the actual dimensions as certified by a land surveyor or licensed civil engineer as a true copy of the lot on which the improvement or use is to be placed, accompanied by a drawing to scale of the location on such lot of the proposed building, structure or use, and accessory buildings; and location and height of any fences or landscape screening proposed to be installed. For one- and two-family structures on platted regular shaped lots, the application for a zoning permit shall be accompanied by a dimensioned freehand sketch drawing showing the proposed building, structure or use, nearest distances to lot lines, height of buildings or portions of buildings and location and height of fences or landscape screening proposed to be installed.
(4) The Village Manager shall approve or deny the issuance of a zoning certificate within seven days of the date of filing for such certificate. If not approved within time limit, the zoning permit shall be deemed to be denied.
(5) Such zoning certificate, once issued, shall be maintained in a prominent location at the premises for which it is issued, and shall not be removed until final inspection and issuance of a certificate of occupancy by the Village Inspector.
(6) Work or change in use authorized by zoning certificate but not started within 90 days shall require a new certificate. Certificates issued for new building construction or expansion shall require the completion of the exterior of building(s) within 360 days. A certificate shall be revoked and notice of violation issued when it shall be found from personal inspection or competent evidence that the rules or regulations under which it has been issued are being violated.
(B) Zoning certificate of occupancy procedure.
(1) No building or building addition constructed after the effective date of this chapter and no land vacant on the effective date of this chapter, shall be used for any purpose until a certificate of occupancy has been issued by the Village Inspector. No change in use shall be made until such certificate of occupancy shall state that the use or occupancy complies with the provisions of this chapter.
(2) Every application for a zoning certificate shall be deemed to be an application for certificate of occupancy.
(3) No certificate of occupancy for the use of a premises for which a zoning permit has been issued shall be issued until construction has been completed, a final inspection made and the premises certified to be in compliance with the plans and specifications for which the zoning certificate was issued. No certificate of occupancy shall be issued to any applicant so long as that applicant is indebted to the village for any prior fees of any type. The zoning certificate of occupancy shall be issued or denied within seven days after the Village Inspector is notified that the building or premises is ready for occupancy.
(C) Variation procedure.
(1) The Planning and Zoning Commission, after a public hearing, may recommend to the Village Board the varying of the regulations of this chapter in harmony with their general purpose and intent only in the specific instances hereinafter set forth, where the Planning and Zoning Commission makes finding of fact in accordance with the standards hereinafter prescribed and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
(2) An application for variation shall be filed in writing with the Village Manager. The application shall contain such information as the Planning and Zoning Commission may, by rule, require. Notice of such public hearing shall be made as prescribed by law. The required legal notice may be supplemented by such additional form of notice as the Planning and Zoning Commission, by rule, may require.
(3) The Planning and Zoning Commission shall not recommend to the Village Board varying the regulations of this chapter, as authorized by this section, unless it shall first make findings of fact based upon the evidence presented to it in each of the following evidence of which the petitioner is responsible for demonstrating:
(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 zoning district in which it is located;
(b) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
(c) Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(d) The plight of the applicant is due to unique circumstances and does not result from the actions of the applicant;
(e) Granting the variation requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district; and
(f) The variation, if granted, will not alter the essential character of the locality.
(4) No nonconforming uses of neighboring lands or structures, in the same district and no permitted, special or nonconforming uses or lands or structures in other districts shall be considered grounds for the issuance of a variance.
(5) The Planning and Zoning Commission 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 subchapter to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to implement the general purpose and intent of this chapter.
(6) The following situations, and only those situations, are permissible areas in which variations from the regulations of this chapter are allowed to be recommended by the Planning and Zoning Commission and granted by the Village Board when in accordance with the standards established in this section:
(a) To permit a yard less than required by the applicable regulations;
(b) To permit the use of a lot of record on the effective date of this chapter for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than 80% of the required lot area;
(c) 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 use does not take place during the same hours of the same days of the week;
(d) To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served;
(e) To allow any permitted nonresidential use in a residence district to exceed the floor area ratio imposed by the applicable regulations;
(f) To permit a variation in number, size or location of accessory use, accessory area, accessory buildings or structures; and
(g) Nothing herein contained shall be construed to give or grant to the Planning and Zoning Commission the power to recommend through variations or to the Village Board the authority to alter or change the zoning classifications of the zoning district map or to permit a use not otherwise permitted by variation, such power and authority being exercised only by the zoning amendment procedure as outlined in division (E) below.
(D) Appeals procedure.
(1) An appeal may be taken to the Planning and Zoning Commission by any person or by any officer, department, board or bureau aggrieved by a decision of the Village Manager or his or her authorized agent. Such an appeal shall be taken within 45 days of the action complained of, by filing with the Chairperson of the Planning and Zoning Commission a notice of appeal specifying the grounds thereof. The Chairperson of the Planning and Zoning Commission shall forthwith transmit to the Planning and Zoning Commission all the papers constituting a record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed unless the Chairperson of the Planning and Zoning Commission certifies to the Planning and Zoning Commission, after notice of the appeal has been filed with the Village Clerk, that by reason of facts stated in the appeal, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed unless by a restraining order which may be granted by the Planning and Zoning Commission or by a court of record in application of the Village Manager and on due cause shown.
(3) The Planning and Zoning Commission shall select a reasonable time and place for the hearing of the appeal and give notice thereof to the parties and shall render a written decision on the appeal without unreasonable delay. The Planning and Zoning Commission may affirm or may reverse, wholly or in part, or modify the order, requirement, decision or determination that, in its opinion, ought to be done; and to that end, shall have all the powers of the officer from whom the appeal is taken. The Village Manager shall maintain records of all actions of the Planning and Zoning Commission relative to appeals.
(E) Zoning amendment procedure.
(1) Amendments may be proposed by the Village Board of Trustees, the Planning and Zoning Commission or any person; provided, that any person shall have a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest or any exclusive possessory interest (with the concurrence of the person holding the freehold interest) which is specifically enforceable in the land which is described in the application for amendment. Any proposal shall set forth names of owner of all benefitting interests in any land trusts wherein a land trust is proposing such amendment.
(2) An application for an amendment shall be obtained from and filed with the Village Manager. Such applications for zoning amendments shall be in a form so that the application, when complete, including required accompanying material, shall provide such information as required by Planning and Zoning Commission for its review. Application for amendments initiated by the Planning and Zoning Commission or Village Board of Trustees shall include a copy of the minutes of that body approving the filing of an application for zoning amendment. Applications for zoning amendments initiated by any person described above as eligible to petition for a zoning amendment, shall not be considered nor scheduled for public hearing until the zoning amendment fee has been deposited with the Village Clerk to partially cover the cost of this procedure, and under no condition shall such sum or any part thereof be refunded for failure of said amendment to be enacted into law.
(3) Once the zoning regulations amendment has been filed with the Village Manager, the Village Manager shall arrange proper legal notice, as required by law, and schedule for public hearing the next regular Planning and Zoning Commission meeting which fulfills minimum public notice requirement.
(4) The Planning and Zoning Commission shall hold a public hearing on each application for zoning amendment at the time and place scheduled in the public notice. The hearing shall be conducted and a record of proceedings preserved in the manner as from time to time prescribed by the Planning and Zoning Commission. Where additional information is required for the Commission’s review, the Board, by official action, may continue the hearing to the time and place of the next Planning and Zoning Commission meeting.
(5) (a) Within 45 days after the close of the hearing on a proposed amendment, the Planning and Zoning Commission shall make its recommendation to the Village Board. On applications for zoning amendments which would change the zoning classification of a particular property, the recommendation shall include findings of fact bearing on the decision. Such findings of fact shall relate to matters such as:
1. Existing uses of other property within the general area of the subject property;
2. Evidenced recent trends in land use development of the general area;
3. Any conditions which render the property less desirable or inappropriate for the uses to which it is presently zoned;
4. Availability of other areas already zoned for such uses;
5. The zoning amendment, if granted, serves the public interest and does not solely benefit the property of the applicant alone; and
6. The amendment would not be inconsistent with the objectives of the comprehensive plan.
(b) In its findings of fact and recommendation to the Village Board, the Planning and Zoning Commission may recommend approval or disapproval, or recommend the change of zoning classification of the subject property to any other more restrictive zoning classification than specified in the public notice.
(6) The Village Board shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the Planning and Zoning Commission except, however, that no action by the Planning and Zoning Commission within 45 days of the public hearing of the matter shall be deemed to be a favorable recommendation. A favorable vote of two-thirds of the Trustees then holding office will be required to adopt a zoning amendment not recommended by the Planning and Zoning Commission.
(7) The Village Board, after receiving the recommendation of the Planning and Zoning Commission, or after the above prescribed time period, if no report is received and without further public hearing may grant or deny any proposed zoning amendment, or may refer it back to the Planning and Zoning Commission for further study. In case of a written protest against any proposed zoning amendment signed and acknowledged by the owners of 20% of the frontage proposed to be altered or by the owners of 20% of the frontage immediately adjoining or across the alley therefrom or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, as to regulations or district, filed with the Village Clerk, such amendment shall not be passed except by the favorable vote of two-thirds of the Trustees then holding office.
(8) The Village Manager shall cause to be published, no later than March 31 of each year, a zoning district map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications for the preceding calendar year. If, in any calendar year, there are no changes in the zoning uses, division, restrictions, regulations and classifications no map need be published for such calendar year. The Village Board may establish a fee to be charged each person desiring a copy of such map. Such fee shall be paid to the village who shall account for such monies. Such fees shall be applied to defray the costs of publishing the zoning map.
(F) Special use procedures.
(1) Applications for special use may be filed by any person having a freehold interest in land or a possessory interest entitled to exclusive possession (with the concurrent of the person holding the freehold interest) or a contractual interest which may become a freehold interest or an exclusive possessory interest which is specifically enforceable.
(2) An application for a special use permit shall be obtained from and filed with the Village Manager. Such application for a special use permit shall be in a form so that the application, when complete, including required accompanying material, shall provide such information as required by the Planning and Zoning Commission for its review. The accompanying material shall include a written statement signed by the applicant as to how the standards for the granting of the special use permit are met. These standards shall include:
(a) The proposed use will not adversely affect other property developed or able to be developed to the uses already permitted;
(b) Adequate utilities, access roads, drainage and other necessary supporting facilities have been or are being provided;
(c) Adequate measures have been provided to accommodate ingress and egress so as to avoid congestion, not unduly impede surrounding traffic flows or create hazardous or unsafe conditions;
(d) The standards for site development, will be such as to enhance the proposed use and its setting, screen or so locate parking, loading, storage and less attractive accessory uses away from public view, and to otherwise complement the visual appearance of the area in which the proposed project is to be located. The applicant may offer or the Planning and Zoning Commission may require a site development and landscape and screening plan as part of the applicant’s written statement; and
(e) The proposed special use, if permitted, will conform to all other requirements of the district in which it is to be located or if not conforming, a listing of necessary variations which will be required subsequent to the granting of the special use permitted by the Village Board.
(3) Once the special use application has been filed with the Village Manager, the Village Manager shall arrange proper legal notice as required by law and schedule the public hearing for the next regular Planning and Zoning Commission meeting which fulfills minimum public notice requirements.
(4) The Planning and Zoning Commission shall hold a public hearing on the proposed special use at the time and place scheduled in the public notice. The hearing shall be conducted and a record of the proceedings preserved in the manner as from time to time prescribed by the Planning and Zoning Commission.
(5) Within 45 days of the close of the hearing on the proposed special use, the Planning and Zoning Commission shall make its recommendation to the Village Board attaching the applicant’s signed statement and any other conditions suggested by the Planning and Zoning Commission. The Village Board may recommend granting or denying the special use permit and may modify or attach any additional conditions to which the proposed special use would be subject.
(6) The granting of a special use by the Village Board shall constitute authorization for the Village Manager to issue a zoning certificate for the proposed use subject to any conditions imposed in the granting.
(7) Special uses approved by the Village Board shall be designated on the zoning map by a symbol. Failure of the applicant or other subsequent person continuing the special use, from continually maintaining the use in a manner complying with the conditions under which the use was granted, shall constitute a zoning violation subject to the penalties of this chapter. In the event of termination of a special use, permitted uses under the applicable zoning classification shall be the only uses allowed and for which subsequent building permits or use permits may be issued.
(2009 Code, § 40-12-2) (Ord. 15-08, passed 8-31-2015; Ord. 17-24, passed 6-12-2017)