A.
Building permits. Application for a building permit shall be made
prior to the construction of any building or structure, including
accessory buildings or structures and fences. No permit pertaining
to the use of land or buildings shall be issued unless the Director
of Building and Zoning has certified, after examination, that it complies
with all the provisions of this chapter. Application for a building
permit shall be in such form as prescribed by the Director of Building
and Zoning and shall be accompanied by a drawing of the affected parcel,
drawn to scale, showing the lot area, height, and bulk of the building
or other structure, the building lines in relation to lot lines, and
such other information as may be required by the Director of Building
and Zoning to make a determination as to whether the proposed construction
or alteration is in compliance with this chapter. If any change is
made by the applicant with regard to the proposed construction after
issuance of the building permit, the applicant shall reapply for a
new permit in order that the Director of Building and Zoning may determine
if the proposed change complies with all provisions of this chapter.
B.
Occupancy permits.
(1)
No land shall be occupied or used and no building hereafter erected
or substantially altered, as determined by the Director of Building
and Zoning, in whole or part for any purpose whatsoever until a certification
of occupancy shall have been issued by the Director of Building and
Zoning stating that the building complies with all the building and
health laws and ordinances and with the provisions of these regulations.
No change of a principal use, as set forth in this chapter, shall
be made in any building or part thereof now or hereafter erected or
altered without a permit having been issued to make such change unless
it is in conformity with the provisions of this chapter and amendments
thereto.[1]
(2)
Nothing in this article shall prevent the continuance of the present
occupancy or use of any existing building, except as may be necessary
for safety of life and property.
(3)
Occupancy permits shall be applied for and shall be issued within
10 days after the erection or alteration of such building has been
completed. A record of all certificates shall be kept on file in the
office of the Director of Building and Zoning, and copies shall be
furnished on request to any person having a proprietary or tenancy
interest in the building affected.
The Director of Building and Zoning of the Village of Williamsville
or other official that has been or shall be duly appointed by the
Village President shall enforce this chapter and, in addition thereto
and in furtherance of said authority, shall:
A.
Examine and approve certificates of occupancy that conform with this
chapter and maintain records thereof.
B.
Conduct inspections of buildings, structures, and uses of land to
determine compliance with the terms of this chapter.
C.
Maintain permanent and current records of the chapter, including
but not limited to all maps, amendments and special uses, variations,
appeals, and applications therefor.
D.
Receive, file, and forward to the Zoning Board of Appeals all applications
for appeals, variations, and other matters on which the Zoning Board
of Appeals is required to decide under this chapter.
E.
Provide such clerical and technical assistance as may be required
by the Zoning Board of Appeals in the exercise of its duties.
A.
Creation. A Zoning Board of Appeals is hereby created for the Village
of Williamsville, Illinois. The Board of Appeals shall consist of
seven members who shall serve for terms of five years, provided that
the members first appointed after the enactment of this chapter shall
serve terms as follows: one shall serve a term of one year; one for
two years; one for three years; one for four years; one for five years;
one for six years; and one for seven years; the successor to each
member so appointed to serve a term of five years. One of the members
so appointed shall be named as Chairman at the time of his appointment.
The terms of the members shall commence on the date of their appointment.
All of the members of said Board shall serve without compensation,
and they shall be subject to removal by the President and Board of
Trustees of the Village for good cause after public hearing. Members
of the Zoning Board of Appeals shall have the powers and duties assigned
to the Zoning Board of Appeals by statute and ordinance.
B.
Procedure. In accordance with the applicable statutes of the State
of Illinois, as follows:
(1)
All appointments to the Zoning Board of Appeals shall be made by
the Village President subject to approval of the Village Board. One
of the members so appointed shall be named as Zoning Board of Appeals
Chairman at the time of his appointment. Vacancies shall be filled
as soon as possible for the unexpired term of any member whose place
has become vacant. In the event that the office of the Zoning Board
of Appeals Chairman is vacated for any reason, the Village Board shall
immediately appoint at its option either one of the remaining members
on the Zoning Board of Appeals or any member who is appointed to fill
such vacancy on the Zoning Board of Appeals as the new Zoning Board
of Appeals Chairman.
(2)
All meetings of the Zoning Board of Appeals shall be held at the
call of the Chairman, and at such other times as the Board may determine.
All testimony by witnesses at any hearing provided for in this chapter
shall be given under oath. The Chairman or, in his absence the Acting
Chairman, may administer oaths and compel the attendance of witnesses.
All meetings of the Zoning Board of Appeals shall be open to the public.
The Board shall keep minutes of its proceedings, showing the vote
of each member upon every question, or if absent or failing to vote,
indicating that fact, and shall also keep records of its examinations
and other official actions. Every rule, regulation, every amendment
or repeal thereof, and every order, requirement, decision or determination
of the Zoning Board of Appeals shall immediately be filed in the office
of the Village Clerk and shall be of public record.
C.
Jurisdiction and authority. The Zoning Board of Appeals is hereby
vested with the powers as granted by the statutes of the State of
Illinois and this chapter, as follows:
(1)
To hear and decide appeals from any order, requirement, decision,
or determination made by the Director of Building and Zoning pertaining
to conformance with requirements of this chapter, but not including
the Building Code;
(2)
To hear and decide variations from the terms provided in this chapter
in the manner and subject to the standards set forth in this section;
and
(3)
To hear and decide all matters referred to it or upon which it is
required to pass under this chapter.
D.
Decisions.
(1)
All final decisions arrived at by the Zoning Board of Appeals shall
require a majority vote of all its members.
(2)
All final decisions of the Zoning of Appeals on variations shall
be subject to judicial review in accordance with applicable statutes
of the State of Illinois.
(3)
All decisions of the Zoning Board of Appeals on appeals from decisions
of the Director of Building and Zoning shall, in all instances, be
final administrative determinations subject to judicial review in
accordance with applicable statute of the State of Illinois.
B.
Jurisdiction. The Planning Commission is hereby vested with the following
powers and duties in the administration of this chapter:
(1)
To post or publish notices of public hearings and to hold such hearings
as required by the applicable statutes of the State of Illinois, pertaining
to proposed amendments to the regulations imposed and districts created
by this chapter and to proposed conditional uses as established in
this chapter.
(2)
To make a written report and recommendations to the Village Board
on any such proposed amendments or proposed special uses;
(3)
To initiate, direct, and review, from time to time, studies of the
provisions of this chapter and to make reports of its recommendations
to the Village Board not less frequently than once a year; and
(4)
To hear and decide all matters which it is required to act upon under
this chapter.
A.
Authority. The Zoning Board of Appeals shall hear and decide appeals
from an administrative order, requirement, decision, or determination
made by the Director of Building and Zoning or other authorized official
of the Village of Williamsville relating to the regulations of this
chapter.
B.
Initiation. An appeal may be taken to the Zoning Board of Appeals
by any person, firm, or corporation or by any office, department,
board, bureau, or commission aggrieved by an administrative order,
requirement, decision, or determination under this chapter by the
Director of Building and Zoning or other authorized official of the
Village of Williamsville.
C.
Processing. An appeal shall be filed with the Village Clerk. The
Village Clerk shall forward such appeal to the Zoning Board of Appeals
for processing in accordance with the applicable statutes of the State
of Illinois.
D.
Decisions. All decisions, after hearing before the Zoning Board of
Appeals on appeals from an administrative order, requirement, decision
or determination relating to this chapter of the Director of Building
and Zoning or other authorized official of the Village of Williamsville
shall, in all instances, be final administrative determinations and
shall be subject to judicial review in accordance with applicable
statutes of the State of Illinois.
A.
Authority. The Zoning Board of Appeals shall decide variations of
the provisions of this chapter in harmony with its general purpose
and intent and shall vary them only in the specific instances hereinafter
set forth where the Zoning Board of Appeals shall have made a finding
of fact based upon the standards hereinafter prescribed that there
are practical difficulties or particular hardships in the way of carrying
out the strict letter of the regulations of this chapter.
B.
Initiation. An application for a variation may be made by any person,
firm, or corporation or by any office, department, board, bureau,
or commission, requesting or intending to request application for
a building permit.
C.
Processing.
(1)
An application for a variation shall be filed with the Village Clerk
and a copy shall be sent to the Director of Building and Zoning. The
Village Clerk shall forward such application to the Zoning Board of
Appeals for processing in accordance with applicable statutes of the
State of Illinois.
(2)
No variation shall be made by the Zoning Board of Appeals except
after a public hearing before the Zoning Board of Appeals, of which
there shall be a notice of time and place of the hearing published
at least once, not more than 30 nor less than 15 days before the hearing,
in one or more newspapers with a general circulation within the Village
of Williamsville and a written notice is served at least 15 days before
the hearing on the owners of the properties located adjacent to the
location for which the variation is requested.
D.
Decisions. All decisions of the Zoning Board of Appeals on variations
arrived at after the hearing shall require a majority vote of all
its members, and such decisions shall be final, subject only to judicial
review in accordance with applicable statutes of the State of Illinois.
E.
Standards.
(1)
The Zoning Board of Appeals shall not vary the provisions of this
chapter as authorized in this article unless it shall have made findings
based upon the evidence presented to it in the following specific
cases:
(a)
That the property in question cannot yield a reasonable return
if permitted to be used only under the conditions allowed by the regulations
governing the district in which it is located;
(b)
That the plight of the owner is due to unique circumstances;
(c)
That the variation, if granted, will not detract from the essential
character of the locality; or
(d)
That the variation is necessary for the efficient operation
of a solar energy system.
(2)
For the purpose of supplementing the above standards, the Zoning
Board of Appeals, in making this determination whenever there are
practical difficulties or particular hardship, 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 would bring a particular
hardship upon the owner as distinguished from a mere inconvenience
if the strict letter of the regulation were to be carried out;
(b)
That the conditions upon which the petition for variation is
based would not be applicable generally to other property within the
same zoning classification;
(c)
That the purpose of the variation is not based exclusively upon
a desire to make more money out of the property;
(d)
That the alleged difficulty or hardship has not been created
by any person presently having an interest in the property;
(e)
That the granting of the variation will not be detrimental to
the public welfare or injurious to other property or improvements
in the neighborhood in which the property is located; or
(f)
That the proposed variation will not impair an adequate supply
of light and air to adjacent property, or substantially increase the
danger of fire, or otherwise endanger the public safety, or substantially
diminish or impair property values within the neighborhood.
(3)
The Zoning Board of Appeals shall require such conditions and restrictions
upon the premises benefited by a variation as may be necessary to
comply with the standards set forth in this article 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.
F.
Authorized variations. Variations from the regulations of this chapter
may be decided by the Zoning Board of Appeals only in accordance with
the standards set forth in this article and only in the following
instances and no others:
(1)
To permit a yard less than the yard required by the applicable regulations;
(2)
To permit the use of a lot not 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 90% of the required lot area;
(3)
To permit parking lots to be illuminated between the hours of 9:30
p.m. and 7:00 a.m.;
(4)
To permit the same off-street parking spaces to qualify as required
spaces for two or more uses, provided that the maximum use of such
facility by each user does not take place during the same hours on
the same days of the week;
(5)
To increase by not more than 25% the maximum distance that required
parking spaces are permitted to be located from the use served; and
(6)
To allow any permitted nonresidential use in a residence district
to exceed the floor area ratio imposed by the applicable regulations.
A.
Authority. The regulations imposed and the districts created under
the authority of this chapter may be amended from time to time by
ordinance in accordance with applicable statutes of the State of Illinois.
An amendment shall be granted or denied by the Village Board only
after a public hearing before the Planning Commission and a report
of its findings and recommendations having been submitted to the Village
Board.
B.
Initiation of amendment. An application for an amendment may be filed
by the Village Board, by the Planning Commission, by the owner of
the property in question or by an interested party with written approval
of the owner of the property in question.
C.
Processing. An application for an amendment to the Zoning Ordinance
shall be filed with the Village Clerk. Such application shall be forwarded
to the Planning Commission with a request to hold a public hearing
in accordance with applicable statutes of the State of Illinois, and
thereafter to submit a report of its findings and recommendations
to the Village Board. There shall be a notice of the time and place
of the hearing published at least once, not more than 30 nor less
than 15 days before the hearing, in one or more newspapers with a
general circulation within the Village of Williamsville. A written
notice shall be served at least 15 days before the hearing on the
owners of the properties located adjacent to the location for which
the amendment is requested. In addition, at least 15 days prior to
each hearing, notice of such hearing shall be posted on the street
frontage of the land proposed to be reclassified by the amendment.
D.
Findings of fact.
(1)
The
Planning Commission shall make written findings of fact and transmit
said findings to the Village Board based on evidence presented to
it in each specific case with respect to, but not to limited, to the
following matters:
(a)
Existing uses of property within 500 feet of the property in
question.
(b)
The zoning classification of property contiguous to the property
in question.
(c)
The zoning classification of property within 500 feet of the
property in question.
(d)
The suitability of the property in question to the uses permitted
under the existing zoning classifications.
(e)
The trend of development, if any, in the general area of the
property in question, including changes, if any, which have taken
place since the day the property in question was placed in its present
zoning classification.
(f)
The relationship of the uses allowed under the proposed zoning
classification to the Comprehensive Plan.
(2)
If the Commission finds that both existing zoning classification
and the zoning classification requested in the proposed amendment
are inappropriate, the Commission shall make a finding on the appropriate
zoning classification for the property.
E.
Decisions. The Village Board after receiving the report of the Planning
Commission, and without further public hearing, may grant or deny
any proposed amendment in accordance with applicable statutes of the
State of Illinois or may refer it back to the Planning Commission
for further consideration.
A.
Purpose. The development and execution of the Zoning Ordinance is
based upon the division of the Village into districts, within any
one of which the use of land and buildings, and the bulk and location
of buildings or structures as related to the land, is essentially
uniform. It is recognized, however, that there are conditional permitted
uses which, because of their unique character, cannot be properly
classified in any particular district or districts without consideration,
in each case, of the impact of those uses upon neighboring lands and
upon public need for the particular use of the particular location.
Such conditional permitted uses fall into two categories:
(1)
Uses operated by a public agency or publicly regulated utilities
or uses traditionally affected with a public interest.
(2)
Uses entirely private in character, but of such a nature that the
operation may give rise to unique problems with respect to their impact
upon neighboring property or public facilities.
B.
Authority.
(1)
Conditional permitted uses shall be authorized or denied by the Village
Board in accordance with the regulations and conditions set forth
in this chapter for conditional permitted uses.
(2)
No application for a conditional permitted use shall be acted upon
by the Village Board until after:
(a)
A written report is prepared and forwarded to the Village Board
by the Planning Commission in a manner prescribed herein for amendments
to this chapter; and
(b)
A public hearing has been held by the Planning Commission after
due notice by publication as provided by the applicable statutes of
the State of Illinois for amendments, and the findings and recommendations
of the Planning Commission have been reported to the Village Board.
C.
Initiation. An application for a conditional permitted use may be
made by any person, firm, or corporation or by any office, department,
board, bureau, or commission, requesting or intending to request a
building permit.
D.
Processing. An application for a conditional permitted use, in such
form and accompanied by such information as shall be established from
time to time by the Planning Commission, shall be filed with the Village
Clerk. Such application shall be forwarded to the Planning Commission
with a request to hold a public hearing in accordance with the applicable
statute of the State of Illinois, and thereafter to submit a report
of its findings and recommendations to the Village Board. There shall
be a notice of the time and place of the hearing published at least
once, not more than 30 nor less than 15 days before the hearing, in
one or more newspapers with a general circulation within the Village
of Williamsville. In addition, a written notice shall be served at
least 15 days before the hearing to the owners of the properties located
adjacent to the location for which the conditional use is requested.
E.
Decisions. The Village Board, upon report of the Planning Commission
and without further hearing, may authorized or deny an application
for a conditional use in accordance with the statutes of the State
of Illinois applicable to amendments, or may refer it back to the
Planning Commission for further consideration. No conditional permitted
use shall be authorized by the Village board unless the conditional
permitted use:
(1)
Is deemed necessary for the public convenience at the location;
(2)
Is so designed, located, and proposed to be operated that the public
health, safety and welfare will be protected; and
(3)
Would not cause substantial injury to the value of other property
in the neighborhood in which it is located.
F.
Restrictions on conditional permitted uses. If a conditional permitted
use of land ceases or is vacated for a period of six months or more,
and if the building, structure or land is adaptable to a permitted
use in the district in which it is located, then a subsequent use
of land must conform to the regulations specified by this chapter
for the district in which it is located.
A.
The Village Board shall establish a schedule of fees, charges and
expenses and a collection procedure for building permits, occupancy
permits, amendments, variations, conditional permitted uses, appeals
and other matters pertaining to this chapter. The schedule of fees
shall be posted in the office of the Village Clerk and may be altered
or amended by the Village Board.
B.
Until all applicable fees, charges, and expenses have been paid in
full, no action shall be taken on any application or appeal.
Any person, firm, or corporation, who violates, omits, neglects,
or refuses to comply with, or who resists the enforcement of any of
the provision of this chapter shall, upon conviction, be fined not
less than $50 nor more than $200 for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
The Director of Building and Zoning is hereby designated and authorized
to enforce this chapter.
This chapter shall be in full force and effect as of September
1, 2009.
