The administration of this chapter is vested in the following
offices of the Village: Zoning Officer; Plan Commission; Village Board.
A.
Zoning Officer. The Zoning Officer and his or her authorized
organizational personnel shall administer and enforce this chapter
and in addition thereto and in furtherance of said authority shall:
(1)
Issue all zoning certificates and make and maintain records
thereof.
(2)
Issue temporary permits authorized by this chapter.
(3)
Conduct inspections of buildings, structures, and land to determine
compliance with this chapter, and notify in writing the person responsible
for any violation found, indicating the nature of the violation and
ordering the action necessary to correct it.
(4)
Order the discontinuance of illegal use of land, buildings,
or structures; the removal of illegal buildings or structures or of
illegal additions, or structural changes; or shall take any other
action authorized by statute or by this chapter to ensure compliance
with or to prevent violation of its provisions.
(5)
Maintain permanent and current records of this chapter, including,
but not limited to, all maps, amendments, special use permits, planned
unit developments, variances, appeals, applications, and records of
hearings and decisions.
(6)
Advise all persons seeking zoning information relating to the
official plans of the Village.
(7)
Provide and maintain a source of public information relative
to all matters arising out of this chapter.
(8)
Receive, file, and forward to the Plan Commission and Village
Board, as applicable, all applications for amendments, special use
permits, planed unit developments, and other matters on which the
Plan Commission or Village Board is required to pass under this chapter.
(9)
Provide and maintain a public information bureau relative to
all matters arising out of a comprehensive amendment.
(10)
Review all property which has been the subject
of legal action invalidating the decision of the Village Board on
such matters and note such legal action directly upon the Village's
Zoning Map.
(11)
Initiate, direct, and review, from time to time,
a study of the provisions of this chapter and make recommendations
as such study requires.
(12)
Keep the Village Board advised of zoning activities.
(13)
Decide or make recommendations on all matters
under this chapter upon which the Zoning Officer is required to act.
B.
Plan Commission.
(1)
Creation and membership. The Plan Commission shall consist of
seven members appointed by the Village President with the consent
of the Village Board. The Plan Commission shall assume and perform
all of the duties of the Zoning Board of Appeals.
(2)
Jurisdiction. The Plan Commission is hereby vested with the
following jurisdiction and authority:
(a)
To hear appeals from and review any order, requirement,
decision or determination made by an administrative official charged
with the enforcement of this chapter.
(b)
To conduct public hearings on and make recommendations
to the Village Board on applications for variances, special uses,
amendments, and planned development in the manner prescribed by and
subject to the standards established in this chapter.
(c)
To receive from the Zoning Officer the recommendations
as to the effectiveness of this chapter and report its conclusions
and recommendations to the Village Board.
(d)
To hear and decide all matters referred to it or
upon which it is required to pass under this chapter, or prescribed
by the applicable provisions of the Illinois Municipal Code.
(3)
Meetings and rules.
(a)
All meetings of the Plan Commission shall be held
at the call of the Chairman and at such times as the Plan Commission
shall determine.
(b)
Public hearings shall be conducted by the necessary
quorum of the Commission. A quorum shall consist of four members.
(c)
Except as otherwise provided herein, the Plan Commission
shall adopt its own rules of procedure, provided such rules are in
compliance with the Illinois Municipal Code.
(d)
Any person may appear and testify at a hearing,
either in person or by a duly authorized agent or attorney.
(e)
The Chairman, or in his or her absence, the Acting
Chairman, may administer oaths and compel the attendance of witnesses.
(f)
The Secretary shall keep minutes of the Plan Commission
proceedings, showing the vote of each member upon each question, or
if absent or failing to vote indicating such fact, and shall also
keep records of its meetings and other official action. A copy of
every rule or regulation, amendment, order, requirement, decision
or determination of the Plan Commission shall be filed immediately
with the Zoning Officer. The Plan Commission may adopt other rules
and regulations of procedure not in conflict with this chapter or
the Illinois Municipal Code.
(g)
Before an application may be filed with and officially
accepted by the Zoning Officer, the applicant must ensure that the
application is complete and that it includes the following documentation:
[Amended 1-14-2015 by Ord. No. 15-002]
[1]
Evidence that the applicant is the owner of record
of the property in question. If the owner is represented by an agent
other than an attorney, the owner must supply a notarized statement
naming the agent and indicting that said agent is acting on the owner's
behalf.
[2]
Evidence that the property described in the application
is a legally recorded lot of record.
[3]
A single plat of survey which encompasses the entire
property subject to an application for a map amendment, special use
permit, or variance, prepared by a State of Illinois registered land
surveyor, showing the property boundaries and the location of any
existing or proposed structures on the property. The plat of survey
shall be submitted on paper having dimensions not larger than 11 inches
by 17 inches. For a sign variance application that is the result of
a Village, township, county, state or federal roadway project, either
a plat of survey or a site plan is acceptable. If a site plan is utilized,
the site plan must be to scale and shall show the property boundaries
and the location of any existing or proposed structures on the property.
The site plan shall be submitted on paper having dimensions not larger
than 11 inches by 17 inches. The property owner will need to attest
to the accuracy and validity of the site plan.
[4]
Permitting approval or necessary corrective action
indicated by the Health Department.
[5]
Permitting approval or necessary corrective action
indicated by the appropriate public roadway authorities or proof that
the reviews required had not been completed within 30 days of the
applicant's request.
[6]
Review approval or necessary corrective action
indicated by the appropriate Fire Department in whose primary jurisdiction
the property is located, when the application involves a multifamily
dwelling, residential subdivision development, commercial or industrial
property, any planned unit development (PUD), a flag lot, or any division
of land which will create two or more new principal uses of land.
[7]
Review and comment from the Will/South Cook Soil
and Water Conservation District.
[8]
Fifteen copies of such application and supporting
documentation shall accompany the original application.
A.
Certificate required. No building or structure shall be erected,
constructed, reconstructed, enlarged, moved, or structurally altered,
nor shall any excavation or grading commence without a building permit,
site development permit, or other appropriate permit. No permit pertaining
to the use of land, buildings or structures shall be issued by any
employee of the Village unless the proposed use thereof complies with
all the provisions of this chapter. Any permit or zoning certificate
issued in conflict with the provisions of this chapter shall be void.
B.
Application. Every application for a permit shall also be accompanied
by an application for a zoning certificate, and shall be made in duplicate
in such form as the Chief Building Official may from time to time
provide, and shall include:
(1)
One original and eight copies of plans, drawn to scale, showing
the actual shape and dimensions of the lot to be built upon; the sizes
and locations on the lot of buildings and structures already existing,
if any; the ground area, height and bulk of all buildings or structures;
the location and dimensions of all proposed off-street parking and
loading spaces and accessways thereof; the location of all easements
and setback lines; and such other matters as the Zoning Officer may
deem necessary to determine conformance with this chapter. The information
set forth in the plans shall be certified by a registered Illinois
land surveyor or licensed professional engineer.[1]
(2)
Information describing the existing and proposed use of each
building and land area on the lot; the number of families or dwelling
units proposed to be accommodated; and such other matters as the Chief
Building Official may deem necessary to determine conformance with
this chapter.
(3)
Unless otherwise approved by the Chief Building Official, certification
by the project engineer that the plans are in compliance with the
requirements of all Village ordinances, including but not limited
to compensatory storage and detention requirements, location, size
and bulk requirements, and otherwise comply with the provisions of
any applicable special use permit.
C.
Action by Chief Building Official. Within 15 days after the
receipt of an application for a zoning certificate, the Zoning Officer
shall issue the certificate, provided all applicable provisions of
this chapter are complied with, or the Chief Building Official shall
refuse to issue a zoning certificate and shall advise the applicant
in writing of the reasons for refusal. If the Chief Building Official
fails to act within 15 days, the applicant may treat the application
as denied and may appeal from such denial to the Plan Commission.[2]
D.
Exceptions. No zoning certificate shall be required for routine
maintenance or repair of buildings, structures, or equipment.
A.
Permit required. Except as provided elsewhere in this chapter,
no excavation or filling of any property with any type of material,
including ice and snow, shall be permitted without first obtaining
an excavation/filling permit from the Zoning Officer or the Chief
Building Official required herein. No excavation/filling permit shall
be issued by an officer, department or employee unless the application
for such permit has been examined by the Village Engineer and has
affixed to it a certificate indicating that the proposed excavation
and/or filling complies with all of the provisions of this chapter.
Any permits issued in conflict with the provisions of this chapter
shall be null and void.
B.
Application. Every application for an excavation/filling permit
shall be accompanied by:
(1)
Information required.
(a)
Three prints with the following information shall
be submitted:
[1]
The scale shall not be smaller than one inch equals
40 feet.
[2]
Legal description of property.
[3]
Existing topography with one-foot contour interval
to USGS datum.
[4]
Proposed topography.
[5]
Existing drainage structures within 100 feet of
the property line, including storm sewers, field tile (if known),
catch basins, inlets, culverts and ditches.
[6]
Proposed drainage structures as listed above.
[7]
Existing tops of foundations on all adjacent properties.
[8]
Locations and elevations of proposed improvements,
including foundation, septic fields and garages.
(b)
The drawings required above shall be prepared and
signed by a professional engineer, registered in the State of Illinois,
and shall be based upon a survey of the property showing actual dimensions
and monumenting, as certified by a registered Illinois land surveyor.
(2)
Before any excavation/filling permit can be issued, the drawings
required herein shall be reviewed and approved by the Village Engineer.
(3)
Excavation/Filling permits shall be valid for a period of one
year from the date of issuance; provided, however, upon application
to and approval by the Zoning Officer or the Chief Building Official,
such permit may be extended for six months.
A.
Occupancy certificate required. No building, or addition thereto,
constructed after the effective date of this chapter, and no addition
to a previously existing building shall be occupied, and no land,
vacant on the effective date of this chapter, shall be used for any
purpose until an occupancy certificate has been issued by the Chief
Building Official. No change in a use shall be made until an occupancy
certificate has been issued stating that the use or occupancy complies
with the provisions of this chapter.
B.
Application for occupancy certificate. Every application for
a building permit or zoning certificate shall be deemed to be an application
for an occupancy certificate. Every application for an occupancy certificate
for a new use of land where no building permit is required shall be
made directly to the Chief Building Official.
C.
Issuance of occupancy certificate. No occupancy certificate
for a building, or portion thereof, constructed after the effective
date of this chapter shall be issued until construction has been completed
and the premises inspected and certified by the Chief Building Official
to be in conformity with the plans and specifications upon which the
zoning certificate was based. No occupancy certificate for a building,
or addition thereto constructed after the effective date of this chapter
shall be issued and no addition to a previously existing building
shall be occupied until the premises have been inspected and certified
by the Chief Building Official to be in compliance with all applicable
standards. The occupancy certificate shall be issued or a written
notice shall be given to the applicant stating the reasons why a certificate
cannot be issued, not later than 14 days after the Chief Building
Official is notified in writing that the building or premises are
ready for occupancy.
D.
Temporary certificate. Pending the issuance of a regular certificate,
a temporary certificate may be issued, to be valid for a period not
to exceed six months from its date, during the completion of any addition,
or during partial occupancy of the premises. The temporary certificate
shall be valid during construction, and shall be discontinued within
30 days after completion of construction.
A.
Application. Each request for variance, amendment, special use
or planned development shall be filed as follows:
(1)
Requests for variance, special use and planned development may
be initiated by resolution or motion of the Village Board or by petition
(application) which seeks to vary the provisions of this chapter or
to obtain a special use or planned development as specified within
this chapter.
(2)
Map amendments may be initiated by resolution or motion of the
Village Board or by petition (application) which seeks to change or
modify the standards and requirements imposed on a particular parcel
or parcels of property by the zoning district maps of this chapter.
(3)
Text amendments may be initiated by resolution or motion of
the Village Board or by petition (application) and shall state in
particular the section, subsection and/or paragraph of this chapter
to be amended.
B.
Petition requirements.
(1)
The petitioner shall be the fee owner, agent or attorney or
other person having a proprietary interest in the property, and/or
any person having the right to represent the owner.
(2)
In the case where the fee owner has entered into a contract
for the sale of the property sought to be affected, the contract purchaser
shall be a copetitioner to the petition or application or shall provide
a letter of authorization to represent the fee owner.
(3)
In the case of property that is the subject of a land trust
agreement, the trustee of such trust, in his or her capacity as trustee,
shall be the petitioner or copetitioner to the petition or application
or the applicant shall provide a letter of authorization from the
trustee authorizing the applicant to represent the beneficial interest
of the land trust.
(4)
Where the petitioner or applicant is a corporation, the petition
or application shall include the correct names and addresses of all
officers and directors, and of all stockholders or shareholders owning
any interest in excess of 20% of all outstanding stock of such corporation.
(5)
Where the petitioner or applicant, or his or her principal,
if other than the applicant, is a business or entity doing business
under an assumed name, the petition or application shall include the
name and residence of all true and actual owners of such business
or entity.
(6)
Where the petitioner or applicant is a partnership, joint venture,
syndicate or an unincorporated voluntary association, the petition
or application shall include the names and addresses of all partners,
joint ventures, syndicate members or members of the unincorporated
voluntary association.
(7)
Where property is the subject of a land trust agreement, the
applicant shall provide a trust disclosure in compliance with the
Land Trust Beneficial Interest Disclosure Act (765 ILCS 405/0.01 et
seq.) signed by the Trustee of the trust.
The following provisions shall apply to public hearings required
by this chapter in addition to any other specific provisions set forth
in this chapter:
A.
When the provisions of this chapter require a public hearing
in connection with any application, petition, or appeal, the Village
shall, upon receipt of a properly completed application, petition,
or notice, fix a reasonable time and place for such hearing or meeting.
Except as otherwise set forth herein, such hearing or meeting shall
be commenced no later than 60 days, and shall be concluded no later
than 120 days, following the submission of the subject application
or petition, unless the hearing or meeting agenda of the Plan Commission
is completely committed during that time.
B.
All hearings shall be open to the public and shall be held before
the Plan Commission.
C.
The Plan Commission public hearing notice shall contain a description
of the subject matter to be heard or considered at the hearing, a
description of the requested action, the address or particular location
of the subject development, and the time, place, and date of the hearing.
The notice shall also contain a reference to the particular sections
of this chapter involved.
D.
Village staff shall give notice of the time and place of the
public hearing by first class mail to the owners of all properties
within 250 feet of the subject property, except for those developments
or redevelopments with improvements that include new construction
of a structure equal to or greater than 60 feet in height, the applicant
shall give this notice to property owners within 1,000 feet of the
property which is the subject of the application. Such notice shall
be mailed no fewer than 14 calendar days in advance of the hearing.
Supplemental or additional notices may be required by the Plan Commission.
Staff shall provide a documentation of the required mailing as evidence
of service of notice.
[Amended 6-10-2009 by Ord. No. 09-036; 11-9-2016 by Ord. No. 16-052]
E.
The Village shall publish notice of the time and place of the
public hearing at least once, not more than 30 days nor less than
15 days before the date of the hearing, in a newspaper published in
the Village, or if no newspaper is published in the Village, then
in a newspaper with a general circulation in the Village.
F.
Village staff shall be responsible for posting a public hearing
sign on the subject property for all public hearings regarding residential
zoned properties. The applicant will be responsible for posting a
public hearing sign for all commercial and industrial zoned properties
and should be a minimum of four feet in height and six feet in width.
All public hearing signs need to include the zoning case number, address
of the Village Hall, and public hearing time and date. All public
hearing signs shall be visibly posted on the subject property a minimum
of 15 calendar days prior to the public hearing.
[Added 11-9-2016 by Ord.
No. 16-052[1]]
G.
Any interested person may appear and testify at a public hearing,
either in person or by a duly authorized agent or attorney, and may
submit documentary evidence; provided, however, that the Plan Commission
may exclude irrelevant, immaterial, or unduly repetitious evidence.
H.
Rights at hearing.
(1)
Subject to the discretion of the Plan Commission, the applicant
or petitioner, or any other party to the hearing, may be allowed any
or all of the following rights:
(a)
To present witnesses on their behalf.
(b)
To cross-examine all witnesses testifying in opposition
to the application, petition, or appeal.
(c)
To examine and reproduce any documents produced
at the hearing.
(d)
To a continuance, upon request, for the purpose
of presenting evidence to rebut evidence introduced by any other person.
(2)
In determining whether to grant or withhold such rights, the
discretion of the Plan Commission shall be governed by the goal of
securing all information and opinions relevant and material to its
deliberations. Such rights shall not be granted, however, when undue
and unwarranted delay would result or when to do so would tend to
produce no new evidence to aid the Plan Commission in reaching its
decision.
I.
The Plan Commission may at any time, on its own motion or at
the request of any person, adjourn the hearing for a reasonable time
and to a fixed date, time, and place, for the purpose of giving further
notice, taking further evidence, gathering further information, deliberating
further, or for such other reason as the Plan Commission may find
sufficient. Proper notice of such a recess shall be given to all parties
to the hearing, and any other person designated by the Plan Commission.
J.
All testimony at every hearing shall be given under oath.
K.
Any person may at any time prior to the commencement of a hearing
hereunder, or during such hearing, submit written statements in support
of or in opposition to the application, petition, or appeal being
heard.
L.
All other matters pertaining to the conduct of hearings shall
be governed by the provisions of this chapter pertaining to the rules
promulgated by the Plan Commission.
M.
The record of the public meeting shall include:
(1)
All notices and responses thereto; and
(2)
A transcript or notes, if any, of all oral testimony received,
and all written information, if any, submitted by parties or the public;
and
(3)
Any recommendation or report by the hearing body; and
(4)
All memoranda or data submitted to the Plan Commission in connection
with its consideration of the subject matter of the hearing.
N.
The decision or recommendation of the Plan Commission shall
be in writing and shall include findings of fact stating the reasons
for the decision. The copy of the written decision shall be provided
to the applicant or petitioner and transmitted to the Village Board.
The written decision may be in the form of minutes from the Plan Commission
proceedings, provided such minutes have been approved by the Plan
Commission.
A.
Purpose of variance. The variance process is intended to provide
limited relief from the requirements of this chapter in those cases
where strict application of those requirements will create a practical
difficulty or particular hardship prohibiting the use of land in a
manner otherwise allowed under this chapter. It is not intended that
variances be granted merely to remove inconveniences or financial
burdens that the requirements of this chapter may impose on property
owners in general. Rather, it is intended to provide relief where
the requirements of this chapter render the land difficult to use
because of some unique physical attribute of the property itself or
some other factor unique to the property for which the variance is
requested. In no event, however, shall the Village grant a variance
which would allow the establishment of a use which is not otherwise
allowed in a zoning district or which would change the zoning district
classification of any or all of the affected property.
B.
Application; notice of hearing; procedures.
(1)
An application for a variance shall be filed in writing with
the Zoning Officer. The application shall contain such information
as the Plan Commission may require.
(2)
The Plan Commission, after a public hearing, may recommend to
the Village Board a variance of the regulations of this chapter. The
Plan Commission shall make recommendations only in cases where there
are practical difficulties or particular hardships in the way of carrying
out the strict letter of the regulations of this chapter relating
to the construction or alteration of buildings or structures or the
use of land in harmony with the general purpose and intent of the
regulations; only where such Plan Commission makes findings of fact
in accordance with the standards set forth herein; 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
relating to the construction or alteration of buildings or structures
or the use of land. The Plan Commission shall recommend to the Village
Board such imposition of conditions and restrictions upon the premises
benefited by a variance as may be necessary to comply with the standards
set forth herein, to reduce or minimize the effect of such variance
upon other property in the neighborhood and to implement the general
purpose and intent of this chapter.
C.
Standards of variance.
(1)
The Plan Commission shall not vary the provisions of this chapter
as authorized unless it has made findings based upon the evidence
presented to it 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 in that zone;
(b)
That the plight of the owner is due to unique circumstances;
and
(c)
That the variance, if granted, will not alter the
essential character of the locality.
(2)
A variance shall be recommended to the Village Board only if the evidence, in the judgment of the Plan Commission, sustains each of the three conditions enumerated in Subsection C(1).
(3)
For the purpose of supplementing the above standards, the Plan
Commission, in making its determination, 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 surroundings, shape
or topographical conditions of the specific property involved will
bring a particular hardship upon the owner, as distinguished from
a mere inconvenience, if the strict letter of the regulations was
carried out;
(b)
That the conditions upon which the petition for
variance is based would not be applicable, generally, to other property
within the same zoning classification;
(c)
That the purpose of the variance 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 variance 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;
(f)
That the exterior architectural appeal and functional
plan of any proposed structure will not be so at variance with either
the exterior architectural appeal and functional plan of the structures
already constructed, or in the course of construction in the immediate
neighborhood or the character of the applicable district as to cause
a substantial depreciation in the property values within the neighborhood;
or
(g)
That the proposed variance will not impair an adequate
supply of air to adjacent property, substantially increase the danger
of fire, otherwise endanger the public safety or substantially diminish
or impair property values within the neighborhood.
D.
Conditions. The Plan Commission may require such conditions
and restrictions upon the property benefited by a variance as may
be necessary to comply with the standards set forth in this section
to reduce or minimize the effect of such variance upon other property
in the neighborhood, and to implement the general purpose and intent
of this chapter.
E.
Authorized variances.
(1)
Variances from the regulations of this chapter shall be recommended
by the Plan Commission only in accordance with the standards set forth
in this section.
[Amended 6-10-2009 by Ord. No. 09-036]
(2)
The following variances from the regulations of this chapter
may be authorized by the Zoning Officer only in accordance with the
standards set forth in this section and may be granted only in the
following instances, and in no others:
(a)
Garage line variance may be permitted by the Zoning
Officer as follows:
[1]
Authority. In the case of hardship in which there
are particular difficulties in observing the side yard as herein required,
the Zoning Administrator shall have the authority to vary the required
side yard for garages.
[2]
Standards.
[a]
The Zoning Officer shall not vary the provisions
of this chapter as authorized by this subsection unless it can be
shown by aerial photographs or plot plans that such a garage line
variance is compatible with the neighborhood.
[b]
Garage line variances shall not be granted less
than five feet from side lot lines or 30 feet from the front lot line.
(b)
Lot frontage variances may be permitted by the
Zoning Officer as follows:
[1]
Authority. In cases of hardship in which there
are particular difficulties in observing the lot frontage as herein
required, the Zoning Administrator shall have the authority to vary
the required lot frontage by no more than 10% for any lot of record
legally created on or before July 20, 1978.
[2]
Standards. The Zoning Officer shall not vary the
provisions of this chapter as authorized by this subsection unless
it can be shown by aerial photographs or plot plans that such a lot
frontage variance is compatible with the neighborhood.
(c)
Lot area variance may be permitted by the Zoning
Officer as follows:
[1]
Authority. In cases of hardship in which there
are particular difficulties in observing the lot area as herein required,
then the Zoning Administrator shall have the authority to vary the
required lot area by no more than 10% for any lot of record legally
created on or before July 20, 1978.
(d)
Lot width variances by the Zoning Officer in agricultural
districts as follows:
[1]
Authority. In the case where a parcel in an agricultural
zoning district legally created and recorded prior to January 1, 1998,
when changes were made to the Illinois Compiled Statutes, does not
observe the lot width as required, the Zoning Officer shall have the
authority to vary the required lot width for the purpose of issuing
a permit to build a residence or accessory structure commonly associated
with a residential use.
[3]
Effective period. Such administrative variances
for lot width in agricultural districts shall be valid for a period
no longer than three years from the date such variance was granted
by the Zoning Officer unless a building permit is obtained within
such period and the erection or alteration of a building is started
or the use is commenced within such period. The Zoning Officer may
grant a one-year extension, upon written application and good cause
shown, without notice or hearing.
(e)
Lot coverage variance by the Zoning Officer as
follows:
[1]
Authority. In cases of hardship in which there
are particular difficulties in observing the lot coverage as herein
required, the Zoning Officer shall have the authority to vary the
required lot coverage by no more than 10% for any lot of record legally
created.
[2]
Standards. The Zoning Officer shall not vary the
provisions of this chapter as authorized by this section unless it
can be shown by aerial photograph or plot plans that such variances
are compatible with the neighborhood.
(f)
Swimming pool setback variance by the Zoning Officer
as follows:
[Amended 3-24-2009 by Ord. No. 09-007]
[1]
Authority. In cases of hardship in which there
are particular difficulties in observing the required rear yard setback
of a swimming pool as herein required, then the Zoning Officer shall
have the authority to vary the required rear yard setback by no more
than 10% of the required rear yard setback of the swimming pool.
[2]
Standards. The Zoning Officer shall only vary the
provisions of this chapter as authorized by this section when considering
the proximity to permanent open space, proximity to adjacent structures,
ability to screen, or topography of the land. The Zoning Officer shall
not vary these provisions unless it can be shown by aerial photograph
or plot plans that such variances are compatible with the neighborhood.
(g)
Variance of accessory setback for structures greater
than 750 square feet by the Zoning Officer as follows:
[Amended 6-10-2009 by Ord. No. 09-036]
[1]
Authority. In cases of hardship in which there
are particular difficulties in observing the required rear yard setback
of an accessory structure greater than 750 square feet in size, as
herein required, the Zoning Officer shall have the authority to vary
the required rear yard setback by no more than 10% of the required
rear yard setback of an accessory structure greater than 750 square
feet in size.
[2]
Standards. The Zoning Officer shall only vary the
provisions of this chapter as authorized by this section when considering
the proximity to permanent open space, proximity to adjacent structures,
ability to screen, or topography of the land. The Zoning Officer shall
not vary these provisions unless it can be shown by aerial photograph
or plot plans that such variances are compatible with the neighborhood.
F.
Decisions. Not more than 90 days after the close of the public
hearing, the Plan Commission shall make its findings of fact and its
recommendation to the Village Board.
G.
Village Board action. No variance shall be granted except by
ordinance duly passed and approved by the Village Board after public
hearing and written recommendation from the Plan Commission.
H.
Effective period. No order of the Village Board granting a variance
shall be valid for a period longer than one year from the date of
such order unless a building permit is obtained within such period
and the erection or alteration of a building is started or the use
is commenced within such period. The Village Board may grant one extension
of this period, valid for no more than 180 additional days, upon written
application and good cause shown, without notice or hearing. If any
of the benefits conferred by any variance, whether heretofore or hereafter
granted, are abandoned, or are not utilized for any continuous period
of one year, said variance shall, to the extent of such abandonment
or nonutilization, become invalid after a public hearing is provided
herein.
I.
Ordinance findings. Without further public hearing, the Village
Board may grant, deny or amend the recommendation for a variance.
Every variance which is granted by ordinance of the Village Board
shall be accompanied by findings and shall refer to any exhibits containing
plans and specifications for the proposed variance, which shall remain
a part of the permanent records of the Plan Commission.
A.
Purpose of amendment. For the purpose of promoting the public
health, safety and general welfare, conserving the value of property
throughout the community and lessening or avoiding congestion on public
streets and highways, the Village Board may, from time to time, in
the manner hereinafter set forth, amend the regulations imposed in
the districts created by this chapter (text amendment), or amend district
boundary lines (map amendment), provided that in all amendatory ordinances
adopted under the authority of this section, due allowance shall be
made for existing conditions, the conservation of property values,
the direction of building development to the best advantage of the
entire community and the uses to which property is devoted at the
time of the adoption of such amendatory ordinance.
B.
Initiation.
(1)
Amendments may be proposed by the Village Board, Plan Commission,
and by any other person, firm, or corporation having a freehold interest,
a possessory interest entitled to exclusive possession, or any exclusive
possessory interest which is specifically enforceable on the land
which is described in the application for an amendment.
(2)
No application for amendment to this chapter shall be made which
proposes reclassification of any of the same property for the same
zoning district that has been the subject of a public hearing for
a requested amendment held by the Plan Commission within the 12 months
preceding the date of filing. If parcels are not contiguous, a separate
application shall be made for each noncontiguous parcel of land.
C.
Application for amendment. An application for an amendment shall
be filed with the Zoning Officer in such form and accompanied by such
information as required by the Zoning Officer. All rezoning applications
should be accompanied by a preliminary site plan. Such application
should be submitted to the Plan Commission for review, public hearing
and written recommendations and thereon to the Village Board for final
disposition.
[Amended 10-28-2020 by Ord. No. 20-053]
D.
Findings of fact and recommendation of the Plan Commission.
(1)
The Plan Commission shall make written findings of fact and
shall submit same, together with its recommendations, to the Village
Board for action. Where the purpose and effect of the proposed amendment
is to change the zoning classification of particular property, the
Plan Commission shall make findings based upon all the evidence presented
to it and shall consider, among other pertinent matters, the following:
(a)
Existing uses of property within the general area
of the property in question.
(b)
The zoning classification of property within the
general area of the property in question.
(c)
The suitability of the property in question to
the uses permitted under the existing zoning classification.
(d)
The trend of development, if any, in the general
area of the property in question, including changes, if any, which
have taken place in its present zoning classification.
(e)
The change in zoning is in conformance with the
Comprehensive Plan of the Village and its Official Map.
(f)
The length of time the property has been vacant
as zoned, considered in the context of the land development in the
area surrounding the subject property.
(g)
The extent to which property values are diminished
by particular zoning restrictions.
(2)
After consideration of the above matters, the Plan Commission
may recommend the adoption of a proposed amendment, denial of a proposed
amendment or a modification to such proposed amendment. The Plan Commission
may include with its recommendation certain conditions or modifications
to a proposed amendment for consideration by the Village Board.
E.
Village Board action. After receipt of the findings and written
recommendation by the Plan Commission, the Village Board may take
action as follows:
(1)
Text amendments. Text amendments may be passed at a Village
Board meeting by a simple majority of the elected Village Board members,
unless written protests against the proposed text amendment are signed
by 5% of the landowners of the Village of Homer Glen; in which case
such amendment shall not be passed except by the favorable vote of
2/3 of all the members of the Village Board.
(2)
Map amendments. Map amendments may be passed at a Village Board
meeting by a simple majority of the elected Village Board members;
except that in case of written protest against any proposed map amendment,
signed and acknowledged by the owners of 20% of the frontage immediately
adjoining or across an alley therefrom, or by the owners of 20% of
the frontage directly opposite the frontage proposed to be altered,
such amendment shall not be passed except by the favorable vote of
2/3 of the Trustees then holding office.
(3)
Protests; notification. In cases of protests, a copy of the
written protest shall be served by the protestor or protestors on
the applicant for the proposed amendment and a copy upon the applicant's
attorney, if any, by certified mail at the address of such applicant
and attorney as shown in the application for the proposed amendment.
F.
Effect of denial of amendment. No application for a map amendment
which has been denied by the Village Board shall be resubmitted for
a period of one year from the date of the order of denial, except
on the grounds of new evidence or proof of change of condition found
to be valid by the Plan Commission and Village Board. If no action
is taken by the Village Board within six months after its receipt
of the findings and report of the Plan Commission, the application
shall be deemed to have been denied.
A.
This chapter is based upon the division of the Village into
districts, within which the uses of land, and the uses and bulk of
buildings and structures, are substantially uniform. It is recognized,
however, that there are special uses which, because of their unique
characteristics, can only be properly classified in any particular
district or districts upon consideration in each case of the special
or unusual impact of those uses upon neighboring land and of the public
need for the particular use at the particular location. Such special
uses could be either public or private, having some special impact
that requires a careful review of the location, design, configuration,
and the desirability of permitting its establishment on any given
site.
[Amended 9-27-2017 by Ord. No. 17-060]
B.
Initiation. Any person having a freehold interest in land, a
possessory interest entitled to exclusive possession, a contractual
interest which may become a freehold interest, or an exclusive possessory
interest, and which is specifically enforceable, may file an application
to use such land for one or more of the special uses provided for
in this chapter in the zoning district in which the land is located.
C.
Application for special use. An application for a special use
shall be filed with the Zoning Officer on a prescribed form. The application
shall be accompanied by such plans and/or data prescribed by the Plan
Commission, and shall include a statement in writing by the applicant
and adequate evidence showing that the proposed special use will conform
to the standards set forth below. Such applications shall be forwarded
from the Zoning Officer to the Plan Commission, with a request to
review said application and accompanying data, conduct a public hearing
thereon and submit written recommendations thereon to the Village
Board.
D.
Findings of fact and recommendation of the Plan Commission.
The Plan Commission shall make written findings of fact and shall
refer to any exhibits containing plans and specifications for the
proposed special use, which shall remain a part of the permanent record
of the Plan Commission. The Plan Commission shall submit its findings
and a summary of the record, together with its recommendation, to
the Village Board for final action. All exhibits containing plans
and specifications shall remain part of the permanent records of the
Plan Commission. No special use shall be recommended by the Plan Commission
unless such Commission shall find that:
(1)
The establishment, maintenance or operation of the special use
will not be detrimental to, or endanger, the public health, safety,
morals, comfort or general welfare.
(2)
The proposed use at the proposed location will not have an undue
or substantial adverse effect, above and beyond that inherently associated
with such use, irrespective of the location in the particular zoning
district, upon adjacent property, or the character of the neighborhood.
[Amended 9-27-2017 by Ord. No. 17-060]
(3)
The special use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood.
(4)
The proposed use at the particular location is deemed necessary
for the public convenience and the gain to the public and all or a
part of the community exceeds the hardship imposed upon the property
owner.
[Amended 9-27-2017 by Ord. No. 17-060]
(5)
The proposed use is generally suitable for the particular zoning
district and will not adversely affect development of adjacent properties
in accord with the applicable district regulations.
(6)
The establishment of the special use will not impede the normal
and orderly development and improvement of the surrounding property
for uses permitted in the district.
(7)
The adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided.[1]
[1]
Editor's Note: Former Subsection D(7), regarding the exterior
architectural appeal and functional plan of any proposed structure,
was repealed 9-27-2017 by Ord. No. 17-060. This ordinance also redesignated
former Subsection D(8) through (11) as Subsection D(7) through (10),
respectively.
(8)
Adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
(9)
The proposed use has been considered in relation to the location,
goals and objectives of the Village's Comprehensive Plan and is in
general accord with the guidelines of the plan.
(10)
The special use shall, in all other respects,
conform to the applicable regulations of the district in which it
is located, including planned developments, except as such regulations
may, in each instance, be modified by the Village Board, pursuant
to the recommendations of the Plan Commission.
[Amended 9-27-2017 by Ord. No. 17-060]
E.
In addition to the findings required in Subsection D, no special use involving an adult business shall be recommended by the Plan Commission unless the Plan Commission shall additionally find that the granting of the special use shall not:
(1)
Increase the hazard from fire or other dangers to said property;
(2)
Diminish the value of land and buildings in the vicinity of
the proposed special use; or
(3)
Substantially increase the possibility of criminal acts against
properties within 500 feet of such proposed special use or against
persons who regularly use such properties.
F.
Terms of relief, conditions and guarantees. Prior to recommending
any special use, the Plan Commission shall, in a conclusion or paragraph,
separate from the findings of fact, stipulate the terms or relief
recommended. The Plan Commission may also stipulate any conditions
and restrictions that are necessary to address impacts or other effects
which are uniquely and specifically attributable to the special use
on surrounding land uses as deemed necessary for the protection of
the public interest and to secure compliance with the standards and
requirements specified above. In cases in which special uses are recommended,
the Plan Commission may require such evidence and guarantees as it
may deem necessary as proof that the conditions stipulated in connection
herewith are being, and will be, complied with.
G.
Village Board action. No special use shall be granted except
by ordinance duly passed and adopted by the Village Board after receipt
of written recommendation from the Plan Commission. Without further
public hearing, the Village Board may grant, deny or amend the recommendation
for special use, except that any proposed special use which fails
to receive an affirmative recommendation of the Plan Commission shall
not be approved by the Village Board except by a favorable majority
vote of all Trustees then holding office. Every special use which
is granted by ordinance of the Village Board shall be accompanied
by findings and shall refer to any exhibits containing plans and specifications
for the proposed special use, which shall remain a part of the permanent
records of the Plan Commission. The findings shall specify the reason
or reasons for granting the special use. The Village Board shall act
to grant, deny or amend the recommendations for every special use
within 120 days of the date on which the recommendations were transmitted
by the Plan Commission to the Village Board.
H.
Ordinance; terms of relief.
(1)
The terms of relief granted shall be specifically set forth
in a conclusion or statement separate from the findings of the ordinance.
The Village Board may establish such conditions and restrictions upon
the establishment, location, construction, maintenance, and operation
of the special use as are deemed necessary for the protection of the
public interest and to secure compliance with the standards and requirements
specified in this chapter.
(2)
Adult business uses.
(a)
For special uses involving an adult business use, the Village
Board may establish such conditions and restrictions upon the establishment,
location, construction, maintenance and operation of such special
use as will:
[1]
Reduce the hazard from fire to such properties;
[2]
Reduce any negative effect that the proposed special
use would have on the value of properties within 500 feet of such
use;
[3]
Reduce the possibility of criminal acts which could
result from the proposed special use against property within 500 feet
of such use or against persons who regularly use such properties.
(b)
For the purpose of this section, any property,
street or highway shall be deemed to be within 500 feet of the proposed
special use if any portion of the property or of the center line of
the street or highway shall be 500 feet from or fall within 500 feet
of a point on the parcel that is nearest such portion of property
or center line, as measured by a straight line projected without regard
to intervening structures.
I.
Effective period. No special use permit shall be valid for a
period longer than one year from the date it is granted unless a building
permit or certificate of occupancy is obtained within such period
and the erection or alteration of a building is started or the use
is commenced within such period. The Village Board may grant one extension
of this period, valid for no more than one additional year, upon written
application and good cause shown, without notice or hearing. If any
special use is abandoned, or is discontinued for a continuous period
of one year, the special use permit for such use shall become void,
and such use shall not thereafter be reestablished unless a new special
use permit is obtained.
A.
Scope of authority.
(1)
A variance, special use permit, or change in zoning shall be
reverted or revoked as provided in this section if the testimony upon
which such variance, special use permit, or zoning change is based
was falsely given.
(2)
A change of zoning shall be reverted as provided for in this
section if the permitted variance, special use permit, or permitted
use is not in full compliance with the applicable requirements of
this chapter.
B.
Initiation. Reversions may be initiated by the Village Board,
Plan Commission, or by any person aggrieved by a variance, special
use permit, or change in zoning.
C.
Process. The process for reverting a variance, special use permit,
or change in zoning shall be as follows:
(1)
An application for a reversion shall be filed with the Zoning
Officer and shall be in such form, contain such information, and be
accompanied by such plans as the Plan Commission by rule may require.
(2)
A copy of such application shall thereafter be forwarded by
the Zoning Officer to the Plan Commission with a request to hold a
public hearing.
(3)
The Plan Commission shall hold a public hearing within 90 days
after receiving the application from the Zoning Officer.
(4)
The Plan Commission shall, within 60 days after the public hearing,
transmit a written report, giving its findings and recommendations,
to the Village Board.
D.
Decision. The Village Board, upon recommendation of the Plan
Commission, may grant or deny any proposed reversion or may refer
it back to the Plan Commission for further consideration.
A.
Scope of appeals. An appeal may be taken to the Plan Commission
by any person aggrieved, or by any office, department, board or bureau
of the Village. Such an appeal shall be taken within 45 days after
the action complained of, by filing with the Zoning Officer a notice
of appeal specifying the grounds thereof. The Zoning Officer shall
forthwith transmit to the Plan Commission all of the papers constituting
a record upon which the action appealed from was taken.
B.
Findings on appeals. An appeal shall stay all proceedings in
furtherance of the action appealed from unless the Zoning Officer
certifies to the Plan Commission, after the notice of the appeal has
been filed with the Zoning Officer, that by reason of facts stated
in the certificate a stay would, in the Zoning Officer's opinion,
cause imminent peril to life and property, in which case the proceedings
shall not be stayed unless otherwise by a restraining order which
may be granted by the Plan Commission or by a court of record on application,
on notice of the Zoning Officer, and on due cause shown.
C.
Hearing and administrative action. The Plan Commission shall
reach its decision within a reasonable period of time after the hearing
of the appeal. The Plan Commission may affirm or may reverse, wholly
or in part, or modify the order, requirements, 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 Zoning
Officer shall maintain records of all actions of the Plan Commission
relative to appeals.
D.
Refund of filing fee. If the Plan Commission shall reverse an
order, requirement, decision or determination, the person filing the
appeal shall be refunded any appeal filing fee which he or she shall
have paid. A refund shall be made only where the action complained
of in the notice of appeal is wholly reversed or where the notice
of appeal is withdrawn as provided below. Where the notice of appeal
shall be withdrawn by written notice thereof actually received by
the Village prior to the publication or mailing of the notice of appeal,
any appeal filing fee shall be refunded, except any portion thereof
which the Village Board may provide by resolution be retained to cover
filing costs. Where the notice of appeal shall be withdrawn by written
notice actually received by the Village after publication or mailing
of notice of appeal, but before the public hearing, 1/2 of any appeal
filing fee shall be refunded. No refund shall be made where the notice
of appeal is withdrawn after the public hearing. Refunds of filing
fees for appeals shall be made only as provided for in this section
and in strict accordance with practices established by the Village.
A.
Assessment of fees. An appeal of a Zoning Officer decision,
or application for an annexation, variance, map amendment or special
use permit, including a planned unit development, or any other application
specified in this chapter, shall be accompanied by a fee. The fee
shall be as listed on a schedule of fees adopted by the Village Board
from time to time.[1] The applicant shall also reimburse the Village, upon presentation
of a statement, for its attorney and engineering fees, together with
any other consultant fees reasonably required by the Village to assist
it in reviewing the proposed project/development. There shall be no
fee required, however, in the case of an application filed by the
Village.
B.
Notification. As a convenience to the applicants, the Village
may publish notification of public hearings, but expressly disclaims
any liability or responsibility for any acts or omissions, whether
careless, negligent or intentionally, caused or occasioned by its
officers, agents or representatives and resulting in the failure to
give proper notice or the content or form of such notice. As a condition
of and prior to holding a public hearing, the applicant, upon receipt
of a statement for the Village legal publication and notification
fees, shall reimburse the Village for said costs.
C.
Compliance. Any person, firm, company, corporation or agent,
employees or contractors of such who shall violate, disobey, omit,
neglect or refuse to comply with or resist enforcement of any provision
of this chapter shall be fined not less than $25, nor more than $1,000
for each offense. Each day that a violation of this chapter shall
be permitted to continue shall constitute a separate offense.[2]
D.
Equitable relief. If any building, structure or improvement
is erected, constructed, reconstructed, altered, repaired, converted
or maintained or any building, structure or land is used in violation
of this chapter, the Village, or any other person whose property is
or may be affected by such violation, may institute any appropriate
action or proceeding in equity.[3]
[3]
Editor's Note: Original Section 13, Soil Erosion and Sedimentation Control, and Section 14, Flood Damage Prevention, of the Zoning Ordinance, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 210, Art. I, Water Resources, of the Village Code.
