A. Interpretations.
1. Authority. The Zoning Officer may, subject to the procedures, standards and limitations of this Section, render interpretations, including use interpretations, of the provisions of this title and of any rule or regulation issued pursuant to it.
2. Purpose. The interpretation authority established by this section is intended to recognize that the provisions of this title though detailed and lengthy, cannot possibly address every specific situation to which they may have to be applied. Many such situations can, however, be readily addressed by an interpretation of the specific provisions of this title in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority of this title is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this title but, rather, it is intended only to allow authoritative application of that content to specific cases.
3. Parties Entitled to Seek Interpretations. Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations will not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.
4. Procedure.
a. Application. Applications for interpretations of this title will be filed in accordance with the requirements of subsection 9-6-2
C.6.c. of this chapter.
b. Action on Application.
(1) Within thirty-five (35) days following the receipt of a properly completed application for interpretation, the Zoning Officer will inform the applicant in writing of their interpretation, stating the specific precedent, reasons and analysis upon which the determination is based.
(2) The failure of the Zoning Officer to act within thirty-five (35) days, or such further time to which the applicant can agree, will be deemed to be a decision denying the application rendered on the day following the thirty-five (35)-day period.
c. Appeal. Appeals from interpretations rendered by the Zoning Officer may be taken to the Plan Commission as provided in subsection 9-6-4
B. of this chapter.
5. Standards for Use Interpretations. The following standards govern the Zoning Officer, and the Plan Commission on appeals from the Zoning Officer, in issuing use interpretations:
a. Any use defined in this title will be strictly interpreted as therein defined.
b. No use interpretation will permit a use not already listed as a permitted or special use in the district proposed for that use.
c. No use interpretation will permit any use in any district unless evidence is presented that demonstrates that it will comply with each use limitation established for that particular district.
d. No use interpretation will permit any use in a particular district unless such use is substantially similar to other uses permitted in such district.
e. If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed to be located, then any use interpretation permitting such use will be conditioned on the issuance of a special use permit for such use pursuant to subsection 9-6-5
B. of this chapter.
f. No use interpretation will permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.
6. Effect of Favorable Use Interpretation. No use interpretation finding a particular use to be permitted or specially permitted in a particular district will authorize the establishment of that use nor the development, construction, reconstruction, alteration, or moving of any building or structure but will merely authorize the preparation, filing and processing of applications for any permits and approvals that may be required by the codes and ordinances of the village, including, but not limited to, a special use permit, a certificate of zoning compliance, certificate of occupancy, a building permit, subdivision approval, and site plan approval.
7. Limitations on Favorable Use Interpretations.
a. Subject to an extension of time granted by the Zoning Officer pursuant to subsection 9-6-1
B.12. of this chapter, no use interpretation finding a particular use to be permitted or specially permitted in a particular district will be valid for a period longer than six (6) months from the date of issue unless a building permit is issued, and construction is actually begun within that period and is diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.
b. A use interpretation finding a particular use to be permitted or specially permitted in a particular district will be deemed to authorize only the particular use for which it was issued, and such permit will not be deemed to authorize any claimed similar use for which a separate use interpretation has not been issued. The permit will automatically expire and cease to be of any force or effect if the particular use for which it was issued will, for any reason, be discontinued for a period of six (6) consecutive months or more.
B. Appeals.
1. Authority. The Plan Commission will hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Zoning Officer acting pursuant to their authority and duties under this title and to that end the Plan Commission will have the same powers and be subject to the same standards and limitations as the Zoning Officer with respect to any order, decision or determination being appealed. When considering and acting on appeals, the Plan Commission will be considered a zoning Board of appeals, and possess the statutory powers and limitations set forth in Section 11-13-3 and Section 11-13-12 of the Illinois Municipal Code, 65 ILCS 5/11-13-3 and 65 ILCS 5/11-13-12, as amended.
2. Purpose. The appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by providing a local procedure for the review and correction of administrative errors. It is not, however, intended as a means to subvert the clear purposes, intent or meaning of this title or the rightful authority of the Zoning Officer to enforce this title. To these ends, the Plan Commission will give all proper deference to the spirit and language of this title and to the reasonable interpretations of those charged with its administration.
3. Parties Entitled to Appeal. An application for appeal to the Plan Commission may be filed by any person aggrieved or adversely affected by an order, decision, determination, or failure to act of the Zoning Officer acting pursuant to their authority and duties under this title.
4. Procedure.
a. Application. An application for appeal to the Plan Commission will be filed not later than forty-five (45) days following the action being appealed and in accordance with the requirements of subsection 9-6-2
C.6.d. of this chapter.
b. Action by Zoning Officer. Upon receipt of a properly completed application for an appeal, the Zoning Officer will transmit to the Plan Commission the application together with all papers constituting the record upon which the action appealed from was taken.
c. Public Hearing. The Zoning Officer will provide notice and the Plan Commission will conduct a public hearing in accordance with subsection 9-6-2
E. of this chapter.
d. Action by Plan Commission.
(1) Within thirty-five (35) days following the close of the public hearing, the Plan Commission will render a decision on the appeal in the manner and form specified in subsection 9-6-1
C.2.d. of this chapter. The decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the Plan Commission, is proper to be made in the premises.
(2) The failure of the Plan Commission to act within thirty-five (35) days, or such further time to which the applicant may agree, will be deemed to be a decision denying the appeal.
5. Stay of Proceedings. An application for appeal properly filed pursuant to subsection 9-6-4
B.4.a. above will stay all proceedings in the action appealed from, unless the Zoning Officer submits a certificate to the Plan Commission supported by facts that a stay would, in the Zoning Officer’s opinion, cause imminent peril to life or property. In that case, the applicant may request a restraining order from the Plan Commission or the circuit court to stay the proceedings, which may be granted upon reasonable written notice to the Zoning Officer and on due cause shown.
6. Right to Grant Variation in Deciding Appeals. In any case where the application for appeal is accompanied by an application for variation in accordance with subsection 9-6-2
C.6.e., the Plan Commission will have the authority to grant, as part of the relief, a variation but only in strict compliance with each provision of subsection 9-6-4
C.
7. Conditions and Limitations on Rights Granted by Appeal. In any case where this title imposes conditions and limitations upon any right, any such right granted by the Plan Commission on appeal will be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.
C. Variations.
1. Authority. The Village Board will have the authority to grant variations from the provisions of this title, by ordinance duly adopted, and only in compliance with the procedures set forth in this subsection 9-6-4
C. and in those specific instances enumerated in subsection 9-6-4
C.5. and then only in accordance with each of the standards enumerated in subsection 9-6-4
C.6.
2. Purpose. The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this title that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this chapter, the variation procedure is inappropriate.
3. Parties Entitled to Seek Variations. Applications for variations may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Application. Applications for variations will be filed in accordance with the requirements of subsection 9-6-2
C.6.e. of this chapter.
b. Public Hearing. The Zoning Officer will provide notice and the Plan Commission will conduct a public hearing in accordance with subsection 9-6-2
E. of this chapter.
c. Action by Plan Commission.
(1) Within thirty-five (35) days following the close of the public hearing, the Plan Commission will render its recommendations granting or denying the variation, in the manner and form specified by subsection 9-6-1
C.2.d. of this chapter.
(2) The failure of the Plan Commission to act within thirty-five (35) days, or such further time to which the applicant may agree, will be deemed to be a decision to recommend denial of the variation.
(3) When considering and acting on variations, the Plan Commission will be considered a zoning Board of appeals, and possess the statutory powers and limitations set forth in Section 11-13-3 and Section 11-13-5 of the Illinois Municipal Code, 65 ILCS 5/11-13-3 and 65 ILCS 5/11-13-5, as amended.
d. Action by Village Board. Within sixty (60) days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Village Board will either deny the application or, by ordinance duly adopted, will grant the variation, with or without modifications and conditions.
5. Authorized Variations.
a. Permitted Variations. Subject to the prohibitions set forth in subsection 9-6-4
C.5.b. below, and subject to the other provisions of this section, the Plan Commission may only consider and recommend the following variations:
(1) To vary the applicable lot area, lot width, and lot depth requirements, subject to the following limitations:
(a) The minimum lot width and lot depth requirements shall not be reduced more than fifty percent (50%).
(b) The minimum lot area for a single-family or two-family dwelling shall not be reduced more than forty-five percent (45%).
(c) The minimum lot area per dwelling unit required for multiple-family dwellings shall not be reduced so as to permit more dwelling units than would be permitted by strict application of minimum lot area requirements.
(2) To vary applicable bulk regulations, including maximum height, lot coverage, and floor area ratio and minimum yard requirements.
(3) To vary applicable off-street parking and off-street loading requirements.
(4) To vary regulations relating to restoration of damaged or destroyed nonconforming structures.
(5) To vary the regulations relating to signs.
(6) To vary the regulations relating to fences.
b. Prohibited Variations. Notwithstanding any other provision of subsection 9-6-4
C, no variation will be granted that:
(1) Is intended as a temporary measure only; or
(2) Is greater than the minimum variation necessary to relieve the particular hardship or practical difficulty demonstrated by the applicant.
6. Standards for Variations.
a. General Standard. No variation will be granted pursuant to this subsection 9-6-4
C. unless the applicant establishes that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficultly. Such a showing will require proof that the variation being sought satisfies each of the standards set forth in this subsection.
b. Unique Physical Condition. The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.
c. Not Self-Created. The aforesaid unique physical condition is not the result of any action or inaction of the owner or their predecessors in title and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title, for which no compensation was paid.
d. Denied Substantial Rights. The carrying out of the strict letter of the provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other lots subject to the same provision.
e. Not Merely Special Privilege. The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the sale of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship will not be a prerequisite to the grant of an authorized variation.
f. Code and Plan Purposes. The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan.
g. Essential Character of the Area. The variation would not result in a use or development on the subject property that:
(1) Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development value of property or improvements permitted in the vicinity;
(2) Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity;
(3) Would substantially increase congestion in the public streets due to traffic or parking;
(4) Would unduly increase the danger of flood or fire;
(5) Would unduly tax public utilities and facilities in the area; or
(6) Would endanger the public health and safety.
h. No Other Remedy. There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.
7. Variation Less Than Requested. A variation less than or different from that requested may be granted when the record supports the applicant’s right to some relief but not to the relief requested.
8. Conditions on Variations. The Plan Commission may recommend and the Village Board may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this title upon the premises benefitted by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions will be expressly set forth in the recommendation or ordinance granting the variation. Violation of any such condition or limitation will be a violation of this title and will constitute grounds for revocation of the variation.
9. Affidavit of Compliance with Conditions; Fee. Whenever any variation authorized pursuant to subsection 9-6-4
C.5. is made subject to conditions and limitations to be met by the applicant, the applicant will upon meeting such conditions file an affidavit with the Zoning Officer so stating. Such affidavit will be accompanied by a non-refundable fee, to be fixed in each case by the Zoning Officer, to recover the village’s actual direct cost of an inspection to verify that such conditions and limitations have been met.
10. Effect of Grant of Variation. The grant of a variation will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure but will merely authorize the preparation, filing, and processing of applications for any permits and approval that may be required by the codes and ordinances of the village, including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy, subdivision approval, and site plan approval.
11. Limitations on Variations.
a. Subject to an extension of time granted by the Zoning Officer or Village Board pursuant to subsection 9-6-1
B.12. of this chapter, no variation from the provisions of this title will be valid for a period longer than one hundred and eighty (180) days, and no variation from the provisions of this title that is granted concurrently with a special use permit will be valid for a period longer than one year, unless a building permit application is submitted within that period and is diligently pursued to completion or unless a certificate of occupancy is issued and a use is commenced within that period.
b. A variation will be deemed to authorize only the particular construction or development for which it was issued and will automatically expire and cease to be of any force or effect if such construction or development will be removed and not replaced within six (6) months following such removal.
D. Administrative Variations.
1. Authority.
a. The Zoning Officer will have the authority to grant administrative variations from the provisions of this title pertaining to:
(1) Dimensional zoning relief related to setbacks and height; and
(2) Off-street parking requirements.
b. Administrative variations will only be permitted where the requested relief does not exceed a five percent (5%) reduction of the required dimensional or parking regulation. Administrative variations will only be granted by the Zoning Officer in compliance with the procedures set forth in this subsection 9-6-4
D.
2. Purpose. The administrative variation procedure is intended to provide a narrowly tailored and streamlined process to grant minimal variations resulting from unforeseen particular applications of this title that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this chapter, the administrative variation procedure is inappropriate.
3. Parties Entitled to Seek Administrative Variations. Applications for administrative variations may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Application. Applications for administrative variations will be filed in accordance with the requirements of subsection 9-6-2
C.6.f. of this chapter.
b. Application Notification. Upon receipt of a complete application conforming to the requirements set forth in subsection 9-6-4
D.4.a., the Zoning Officer will review the application within thirty (30) days and notify the applicant via mail of their decision. If an application for an administrative variation is denied, the Zoning Officer will explain the reasons for the denial and advise the applicant that he or she may petition for a variation pursuant to subsection 9-6-4
C. of this chapter.
c. Adjoining Property Owner Objection. In the event that an immediately adjoining property owner objects to the administrative variation, the application for an administrative variation will be subject to the requirements for a public hearing for a variation with the Plan Commission, as set forth in subsection 9-6-4
C.4.b.
d. Approval. If the Zoning Officer finds the variation request to meet the standards contained in this section, the Zoning Officer will:
(1) Notify the applicant via first class mail;
(2) Notify the Village Board; and
(3) Record or cause to be recorded the variation with the county recorder of deeds for the subject property. The applicant will bear all costs of recording the administrative variation.
5. Standards for Administrative Variations. Administrative variations will only be granted when the request is consistent with the general purpose and intent of this title and the applicant has demonstrated in writing the satisfaction of the following three (3) standards:
a. Hardship or Unintentional Human Error. That a particular hardship or practical difficulty exists that is unique to the subject property and does not apply generally to properties in the zoning district, and that the strict enforcement of the zoning requirement deprives the applicant of the reasonable use of the property.
b. Prohibitions. That the granting of the variation will not:
(1) Impair an adequate supply of light and air to the adjacent property;
(2) Increase the hazard from fire or other dangers to said property;
(3) Diminish the value of land and buildings in the immediate neighborhood;
(4) Unduly increase traffic congestion in the public streets and highways;
(5) Increase the potential for flood damages to adjacent property; or
(6) Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of the village.
c. Essential Character of the Neighborhood. That the granting of the variation will be in harmony with the essential character of the neighborhood. (Ord. 2024-6, 3-7-2024)