The Zoning Officer, or other officials that have been or shall
be duly appointed by the Board of Trustees, shall enforce this Zoning
Ordinance, and in furtherance of said authority, shall:
(1)
Issue all zoning certificates, nonconformance certificates and sign
permits in the manner set forth in this Zoning Ordinance, and make
and maintain records thereof;
(2)
Conduct inspections of buildings, structures, signs, and uses of
land, to determine compliance with the terms of this Zoning Ordinance;
(3)
Maintain permanent and current records relating to this Zoning Ordinance,
including, but not limited to, all maps, amendments, special uses,
special signs, variations, appeals and applications therefor; and
designate on the Zoning District Map each approved amendment and special
use;
(4)
Prepare and maintain an inventory of all signs in the Village;
(5)
Receive and complete an administrative review of all site plan submissions
for development within the Village and submit written reports of his
or her decision to the Development Review Team, the Plan Commission,
and/or the ZBA, as may be required;
(6)
Receive and forward to the appropriate board or commission all applications
for appeals, minor and major variations, amendments, special signs
and special use permits;
(7)
Initiate, direct and review, from time to time, a study of the provisions
of this Zoning Ordinance, and submit written reports of his or her
recommendation to the Plan Commission and to the Zoning Board of Appeals
no less than once each year; and
(8)
Provide such clerical and technical assistance as may be required
by the Plan Commission and by the ZBA in the exercise of their duties.
[Ord. No. 2011-2936]
(1)
Vote required. Except as expressly provided to the contrary in this
Zoning Ordinance, in order to decide any matter upon which the Plan
Commission or the ZBA is required to pass under this Zoning Ordinance,
an affirmative vote of a majority of those present and voting Plan
Commission or ZBA members, as the case may be, shall be required.
[Amended 9-17-2013 by Ord. No. 2013-3069]
(2)
Failure to act. The failure of the Plan Commission or the ZBA, as
the case may be, to act within the relevant time period set forth
in this Zoning Ordinance for the relief requested, or such further
time to which the applicant may agree, shall be deemed to be a recommendation
of the Plan Commission or the ZBA, as the case may be, to approve
the requested relief.
[Amended 9-17-2013 by Ord. No. 2013-3069]
(1)
Authority. The Board of Trustees, after a public hearing and recommendation
by the ZBA, may decide appeals from an administrative order, requirement,
decision or determination made by the Zoning Officer with respect
to the provisions of this Zoning Ordinance. For purposes of such appeals,
the Board of Trustees is the board of appeals for the Village.
(2)
Initiation. An appeal may be taken to the Board of Trustees by any
person, firm or corporation, or by any office, department, board,
bureau or commission aggrieved by an administrative order, requirement,
decision or determination made by the Zoning Officer with respect
to the provisions of this Zoning Ordinance.
(3)
Processing and public hearing. An appeal shall be filed in writing
with the Village Clerk within 45 days after the date of the action
complained of. The Village Clerk shall then forward the appeal to
the ZBA, which shall hold a public hearing of the appeal within 90
days after receipt of the written appeal. The Zoning Officer shall
give notice of the date of the hearing on the appeal to all interested
parties.
(4)
ZBA recommendation. Within 90 days after receipt of the written appeal,
or such further time to which the appellant may agree, the ZBA shall
make findings and recommend whether the order, requirement, decision
or determination should be reversed, affirmed, or modified, in whole
or in part, and shall transmit such recommendation in writing to the
Board of Trustees.
(5)
Action by Board of Trustees. The Board of Trustees, within 45 days after receipt of the findings and recommendations of the ZBA, or such further time to which the appellant may agree, shall reverse, affirm, or modify, in whole or in part, the order, requirement, decision or determination. The concurring vote of four members of the Village Board of Trustees shall be necessary to reverse or modify any order, requirement, decision or determination of the Zoning Officer. The decision of the Board of Trustees shall be in writing. The failure of the Board of Trustees to act within the time period specified in this Section 5.13(5), or such further time to which the applicant may agree, shall be deemed to be a decision of the Board of Trustees affirming in whole the order, requirement, decision or determination. All decisions of the Board of Trustees on appeals filed pursuant to this Section 5.13 shall, in all instances, be final administrative determinations and shall be subject to judicial review in accordance with the Illinois Administrative Review Law, 735 ILCS 5/3-101 et seq., as may be amended.
(1)
Purpose. A variation is a grant of relief to a property owner from
the exact standards of this Zoning Ordinance. A minor variation shall
be issued when undue hardship would be caused by the literal enforcement
of this Zoning Ordinance and may be issued in cases in which the literal
enforcement would be impractical. Additionally, variations are intended
to provide relief where the requirements of this Zoning Ordinance
render the land difficult or impossible to use because of some unique
or special characteristic of the property itself. Conditions existing
prior to adoption of this zoning ordinance shall not require a variation.
[Amended 5-17-2022 by Ord. No. 2022-3608]
(3)
Authorized minor variations. The Zoning Officer shall have the authority
to grant the following minor variations for single- or multiple-family
residential uses:
a.
A reduction of up to 15% of the minimum required lot area;
b.
A reduction of up to 10% of the minimum required side or rear yard
setback;
c.
A reduction of the minimum required side or rear yard setback, up to the extent of any existing encroachment into such setbacks for additions to existing, legal nonconforming structures on the same lot that encroach into the same setback, but only if no variation has previously been granted for the subject property pursuant to this Section 5.14(3)c, and only as follows:
i.
For
horizontal additions, the length of the addition may not exceed 50%
the length of that portion of the existing structure that encroaches
into the setback; and
ii.
For
vertical additions, the length of the addition may not exceed the
length of that portion of the existing structure that encroaches into
the setback, including a horizontal addition approved through the
same minor variation request;
[1]
Editor's Note: This ordinance also redesignated former Subsection
(3)c and d as Subsection (3)d and e, respectively.
d.
A reduction of up to 10% of the required spacing between two or more
single-family attached or multiple-family buildings, in the R-4 District
only; and
e.
An increase of up to 15% in the finished first floor height.
(4)
Initiation. An application for a minor variation may be made by the
owner of the subject property or an authorized representative thereof.
(5)
Criteria. In determining whether in a specific case there are practical
difficulties or particular hardships in the way of carrying out the
strict letter of this Zoning Ordinance, the Zoning Officer shall take
into consideration the extent to which the following facts are established:
a.
The requested minor variation is consistent with the stated intent
and purposes of this Zoning Ordinance;
b.
The particular physical surroundings, shape or topographical conditions
of the subject property would bring a particular hardship upon the
owner, as distinguished from a mere inconvenience, if the strict letter
of this Zoning Ordinance is enforced;
c.
The conditions upon which the petition for variation is based would
not be applicable generally to other property within the same zoning
district;
d.
The variation is not solely and exclusively for the purpose of enhancing
the value of or increasing the revenue from the property;
e.
The alleged difficulty or hardship has not been created by any person
presently having an interest in the property;
f.
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;
g.
The variation granted is the minimum change to the Zoning Ordinance
standards necessary to alleviate the practical hardship on the subject
property; and
h.
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.
(6)
Processing. An application for a minor variation shall be filed with
the Zoning Officer. After receipt of all required information and
payment of all required fees, the application will be reviewed and
decided in accordance with the following procedure:
a.
Notice and opportunity to comment. Within five days after submission
to the Zoning Officer of a completed application for a minor variation,
the applicant shall give notice in writing to property owner(s) of
each lot lying within 250 feet, including streets, of the property
lines of the subject property for which the minor variation is sought.
The notice shall indicate that the application shall be available
for review and comment at Village Hall for at least 10 days following
the date of the notice. Any interested party may submit written comments
concerning the application to the Village Zoning Officer.
b.
Zoning Officer's decision. Within 30 days after receipt of a completed application for a minor variation, the Zoning Officer shall, by written order, either approve, approve with conditions, or deny the requested minor variation. Upon denial by the Zoning Officer of the requested minor variation, the applicant shall have the right, but not the obligation, to resubmit its request as a major variation pursuant to Section 5.15 of this Zoning Ordinance.
c.
Notification and record of decision. The Zoning Officer shall send his or her decision within 30 days after the date thereof to the applicant and to all other persons previously notified pursuant to Section 5.14(5)a of this Zoning Ordinance. At least once per calendar year, the Zoning Officer shall provide to the Plan Commission and to the Zoning Board of Appeals a listing of his or her decisions, by address, regarding each application for a minor variation.
d.
Appeal. The applicant, or any person to whom notice of the minor variation was sent pursuant to Section 5.14(5)a of this Zoning Ordinance, may appeal the decision of the Zoning Officer to the Zoning Board of Appeals within 10 working days after the date of the notice issued pursuant to Section 5.14(5)c of this Zoning Ordinance.
(7)
Exemptions. Notwithstanding any provision of this Zoning Ordinance to the contrary, no variation shall be required for any structure that is existing, under construction, or for which a building permit had already been applied as of the effective date of this Zoning Ordinance, for which: (a) all interior side yards are at least five feet in width; (b) any proposed addition will not violate the applicable side-yard requirement set forth in Article IV of this Zoning Ordinance; and (c) the structure will otherwise conform with all applicable requirements set forth in this Zoning Ordinance.
[Amended 12-3-2009 by Ord. No. 2009-2867A; Ord. No. 2009-2868]
(1)
Purpose. A variation is a grant of relief to a property owner from
the exact standards of this Zoning Ordinance. A major variation shall
be issued when undue hardship would be caused by the literal enforcement
of this Zoning Ordinance. Additionally, variations are intended to
provide relief where the requirements of this Zoning Ordinance render
the land difficult or impossible to use because of some unique or
special characteristic of the property itself. For a major variation,
the intent is not to simply remove an inconvenience or financial burden
that the requirements of this Zoning Ordinance may impose on a property
owner. Conditions existing prior to adoption of this Zoning Ordinance
shall not require a variation.
[Amended 5-17-2022 by Ord. No. 2022-3608]
(3)
Authority. The Board of Trustees, after a public hearing and recommendation
by the ZBA, may determine and grant "major variations" to the regulations
of this Zoning Ordinance, in harmony with their general purpose and
intent, in specific cases for which the Board of Trustees determines
that there are practical difficulties or particular hardships in the
way of carrying out the strict letter of the regulations of this Zoning
Ordinance.
(4)
Initiation. An application for a major variation may be made by the
owner of the subject property or an authorized representative thereof.
(5)
Processing and public hearing.
a.
An application for a major variation shall be filed with the Zoning Officer. Applications for a major variation from Article XI of this Zoning Ordinance must include, without limitation, the sign permit application submitted pursuant to Section 11.08 of this Zoning Ordinance for the proposed sign. The application may be reviewed by the Village's Development Review Team in accordance with Section 5.05(4) of this Zoning Ordinance, if deemed necessary by the Zoning Officer.
b.
The applicant shall make any necessary revisions and submit the required number of plans (see Section 5.05) for review by the ZBA.
c.
After receipt of all required information and payment of all required fees, the Zoning Officer shall notify the applicant of the date that the application will be conditionally scheduled for review at a public hearing of the ZBA. Notices shall be delivered in accordance with Section 5.20 of this article.
d.
The ZBA shall conduct a public hearing to review the proposed variation in accordance with the notices mailed and published pursuant to Section 5.20 of this Zoning Ordinance. Within 90 days after the completion of the application for the proposed variation, the ZBA shall make findings and recommend whether the variation should be approved, and shall transmit such recommendation in writing to the Board of Trustees.
(6)
Action by Board of Trustees. The Board of Trustees, within 45 days after receipt of the findings and recommendations of the ZBA, shall either approve or deny the proposed variation, by ordinance duly adopted and by a simple majority vote, or refer it back to the ZBA for further consideration. Every ordinance granting a variation shall contain a statement of findings specifying the reason or reasons for granting the variation in accordance with the standards set forth in Section 5.15(7) of this Zoning Ordinance. The failure of the Board of Trustees to act within the time period specified in this Section 5.15(6), or such further time to which the applicant may agree, shall be deemed to be a decision of the Board of Trustees denying the proposed variation. Approval of a major variation shall not entitle the applicant to any other approval or issuance of any permit until after all of the standards and procedures for such other approval or issuance of a permit have been satisfied.
(7)
Standards. In determining whether in a specific case there are practical
difficulties or particular hardships in the way of carrying out the
strict letter of this Zoning Ordinance, there shall be taken into
consideration the extent to which the following facts are established:
a.
The requested major variation is consistent with the stated intent
and purposes of this Zoning Ordinance and the Comprehensive Plan;
b.
The particular physical surroundings, shape or topographical conditions
of the subject property would bring a particular hardship upon the
owner, as distinguished from a mere inconvenience, if the strict letter
of this Zoning Ordinance is enforced;
c.
The conditions upon which the petition for the variation is based
would not be applicable generally to other property within the same
zoning district;
d.
The variation is not solely and exclusively for the purpose of enhancing
the value of or increasing the revenue from the property;
e.
The alleged difficulty or hardship has not been created by any person
presently having an interest in the property;
f.
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;
g.
The variation granted is the minimum change to the Zoning Ordinance
standards necessary to alleviate the practical hardship on the subject
property;
h.
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; and
i.
For variations from Article XI of this Zoning Ordinance:
(1)
The proposed variation is consistent with the statement of purpose set forth in Section 11.01 of this Zoning Ordinance;
(2)
The proposed sign complies with any additional standards or conditions set forth in Article XI of this ordinance;
(3)
The proposed sign will substantially enhance the architectural
integrity of the building or other structure to which it will be attached,
if any; and
(4)
The proposed sign conforms with the design and appearance of
nearby structures and signs.
(8)
Conditions of approval. The ZBA may recommend, and the Board of Trustees may impose, such conditions and restrictions upon the subject property and sign benefited by a variation as may be deemed necessary to assure compliance with the standards set forth in this Section 5.15, to reduce or minimize the effect of such variation upon other property in the neighborhood, and/or to implement the general purpose and intent of this Zoning Ordinance.
(9)
Prohibited variations. The ZBA
shall not recommend, and the Board of Trustees shall not approve,
any of the following variations:
(a)
Variations that authorize any use of land, buildings, or structures
that is not a permitted use or a special use in the zoning district
in which the land, buildings or structures are located.
(c)
Variations that would permit the erection or maintenance of any sign prohibited pursuant to Section 11.06 of this Zoning Ordinance.
(d)
Variations that authorize any portion of a sign to encroach in, on,
over, under, or above any public right-of-way.
(10)
Special procedures in connection
with other applications.
(a)
Whenever any other application is filed pursuant to this Zoning Ordinance, or to Chapter 16 of the Village Code, as a companion to an application for a variation, the authority to hear and make a recommendation regarding the application for variation otherwise delegated to the ZBA in this Section 5.15 shall be reserved to the Plan Commission. In such instances and for such purposes, the Plan Commission shall have all of the authority granted to, and shall be subject to all of the limitations imposed on, the ZBA in this Section 5.15.
[Amended 12-6-2011 by Ord. No. 2011-2979]
(b)
Notwithstanding Section 5.15(6) and the other provisions of this Zoning Ordinance to the contrary, upon receipt of a recommendation from the Plan Commission regarding a companion application for variation, the Board of Trustees shall have the right, but not the obligation, to refer the application for variation to the ZBA for further consideration and recommendation prior to final action by the Board of Trustees. During the pendency of any further proceedings by the ZBA regarding the application for variation, the Board of Trustees shall stay all other applications for relief that were filed as a companion to the application for variation."
(1)
Authority. The regulations imposed and the districts created under the authority of this Zoning Ordinance may be amended, from time to time, by ordinance in accordance with this Section 5.16. An amendment shall be granted or denied by the Board of Trustees only after a public hearing before the Plan Commission, and a report of its findings and recommendations has been submitted to the Board of Trustees.
(2)
Initiation of amendment. Amendments may be proposed by the Board
of Trustees, by the Plan Commission, or by any owner, lessee, or contract
purchaser of property in the Village.
(3)
Processing and public hearing.
a.
An application for a text or map amendment, initiated by a person
who is the owner, lessee or contract purchaser of property benefited
thereby, shall be filed with the Zoning Officer and thereafter forwarded
to the Board of Trustees. A text or map amendment proposal initiated
by the Plan Commission shall be forwarded directly to the Board of
Trustees.
b.
The Board of Trustees shall consider the application for a text or
map amendment, and shall thereafter forward the application to the
Plan Commission with a request to conduct a public hearing and submit
a report of its findings and recommendations to the Board of Trustees.
c.
The Zoning Officer shall notify the applicant of the date that the application will be conditionally scheduled for review at a public hearing of the Plan Commission. Notices shall be delivered in accordance with Section 5.20 of this article.
d.
The Plan Commission shall conduct a public hearing to review the proposed amendment in accordance with the notices mailed and published pursuant to Section 5.20 of this Zoning Ordinance. Within 90 days after the completion of the application for the proposed amendment, the Plan Commission shall make findings and recommend whether the amendment should be approved, and shall transmit such recommendation in writing to the Board of Trustees.
(4)
Decisions. The Board of Trustees, upon report of the Plan Commission
and without further public hearing, may approve or reject any proposed
amendment, or may refer it back to the Plan Commission for further
consideration.
(1)
Purpose. The development and execution of this 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 and structures, as related to the land, are essentially
uniform. It is recognized, however, that there are special uses which,
because of their unique character, cannot be properly classified in
any particular district or districts without consideration, in each
case, of the impact of those uses upon neighboring lands and upon
the public need for the particular use or the particular location.
Such special uses fall into two categories:
a.
Uses operated by a public agency or publicly regulated utilities,
or uses traditionally affected with a public interest; and
b.
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.
(2)
Initiation. An application for a special use may be made by the owner
of the subject property or an authorized representative thereof.
(3)
Processing. An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Plan Commission, shall be filed with the Zoning Officer and thereafter processed in the same manner prescribed for variations under Section 5.15(5) of this article.
(4)
Decisions. The Board of Trustees, upon report and recommendation
of the Plan Commission and without further hearing, may approve or
deny an application for a special use, or may refer it back to the
Plan Commission for further consideration. In determining whether
to approve or deny an application for a special use, there shall be
taken into consideration the extent to which the following facts are
established:
a.
The special use is necessary for the public convenience at that location,
and the subject property is deemed suitable for the use;
b.
The special use is so designed, located and proposed to be operated
that the public health, safety and welfare will be protected;
c.
The special use would not cause substantial injury to the value of
other property in the neighborhood in which it is located;
d.
The special use is consistent with the goals and policies of the
Comprehensive Plan;
e.
The special use would not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in
the underlying zoning district;
f.
The special use is so designed to provide adequate utilities, access
roads, drainage, or necessary facilities; and
g.
The special use is so designed to provide ingress and egress to minimize
traffic congestion on public streets.
(5)
Planned unit development. Planned unit developments are of such substantially different character from other special uses that specific and separate standards and procedures have been established to govern the planned unit development application and review process, as set forth in Part A of Article VIII of this Zoning Ordinance.
(6)
Conditions. The Plan Commission may recommend, and the Board of Trustees
may impose, such conditions and restrictions upon an approved special
use, including, but not limited to, provisions for off-street parking
and loading as may be deemed necessary to promote the general objectives
of this Zoning Ordinance and to minimize the injury to the value of
the property in the neighborhood.
(1)
No special use permit or variation shall be valid for a period longer
than 180 days from the date it is granted, unless a building permit
or certificate of occupancy is obtained, or the approved special uses
are 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.
(2)
If any special use is abandoned, or is discontinued for a continuous
period of six months, the special use permit for such use shall become
void and such use shall not thereafter be re-established unless a
new special use permit is obtained.
(3)
Whenever an amendment is granted in order to allow for the development
of a particular use, such amendment shall not be valid for a period
longer than 180 days from the date the Zoning Ordinance is passed,
unless a building permit or certificate of occupancy is obtained within
such period or the use is commenced within such period. The Village
Board may grant one extension of this period, valid for no more than
180 days, upon written application and good cause shown, without notice
or hearing.
(4)
For purposes of this Zoning Ordinance, the date of issuance of a
special use permit or variation that has been previously approved
by the Village, but for which no building permit or certificate of
occupancy has been approved, shall be deemed to be the effective date
of this Zoning Ordinance.
(1)
Second applications without new grounds barred. Whenever any application
filed pursuant to this Zoning Ordinance has been finally denied on
its merits, a second application, seeking essentially the same relief,
whether or not in the same form or on the same theory, shall not be
brought unless, in the opinion of the Board of Trustees, substantial
new evidence is available or a mistake of law or fact significantly
affected the prior denial.
(2)
New grounds to be stated. Any such second application shall include
a detailed statement of the grounds justifying consideration of such
application.
(3)
Exception. Whether or not new grounds are stated, any such second
application filed more than one year after the final denial of a prior
application shall be heard on the merits as though no prior application
had been filed. The applicant shall, however, be required to place
in the record all evidence available concerning changes of conditions
or new facts that have developed since the denial of the first application.
In the absence of such evidence, it shall be presumed that no new
facts exist to support the second application that did not exist at
the time of the denial of the first application.
(1)
Upon the conditional scheduling of the public hearing for an application
for a major variation, special use, planned unit development, zoning
amendment, or nonconforming status exception, notice of the public
hearing shall be published and delivered in accordance with the following:
a.
Notice of the time and place of the public hearing shall be published
at least once, not more than 30 days nor less than 15 days, prior
to the date of such hearing in one or more newspapers published in
the Village, or if no newspaper is published therein, then in one
or more newspapers with a general circulation within the Village.
b.
The Village shall give notice in writing to property owner(s) of each lot located within 250 feet, including streets, of the property lines of the subject property for which the requested relief is sought. All notices required pursuant to this Section 5.20 shall be sent by United States mail not more than 30 days nor less than 15 days in advance of such hearing. The applicant shall reimburse the Village for all costs associated with the issuance of notices pursuant to this Section 5.20(1)(b), including staff costs, in accordance with Section 5.02 of this Zoning Ordinance.
[Ord. No. 2010-2887]
c.
A sign shall be posted on the subject property, which sign shall:
(a) be at least six square feet in area; (b) bear on its face the
words "Zoning Application Pending" and a telephone number to be called
for additional information; (c) be issued by the Zoning Officer to
the applicant for posting by the applicant on the parcel, facing the
street, at least 15 days prior to the date of the public hearing;
and (d) be removed from the parcel by the applicant after, but not
before, the conclusion of the public hearing.
d.
All notices required pursuant to this Section 5.20 shall identify: the location of the subject property for which relief is sought; a brief statement of the nature of the relief requested; and the date, time, and location of the public hearing.[1]
[1]
Editor's Note: Former Subsection (1)e, as amended by Ord.
No. 2010-2887, which immediately followed this subsection and set
forth a discretionary notice requirement for sites of two acres or
more, was repealed 8-20-2013 by Ord. No. 2013-3058.
(2)
No notice required pursuant to this Section 5.20 shall be deemed insufficient because: (i) it fails to specify which section of this Zoning Ordinance is applicable: or (ii) if relief, authorization or amendment has been sought under a certain section or sections of this Zoning Ordinance, but as a result of the hearing, the relief, authorization or amendment sought is modified or otherwise granted pursuant to a different section or sections of this Zoning Ordinance.
(1)
Violation; penalty. Any person, firm, limited liability company or
corporation who violates, disobeys, omits, neglects or refuses to
comply with, or who resists the enforcement of, any of the provisions
of this Zoning Ordinance shall, upon conviction, be fined for each
offense as required in the Village's Fee Ordinance. Each day that
a violation is permitted to exist shall constitute a separate offense.
(2)
Civil and administrative enforcement.
a.
General
authority. In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained, or any
building, structure, or land is used in violation of this ordinance
or other regulations made under authority conferred thereby, the Village,
in addition to other remedies, may institute any appropriate action
or proceedings to: (1) prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or use:
(2) restrain, correct or abate such violation; (3) prevent the occupancy
of said building, structure or land; or (4) prevent any illegal act,
conduct, business or use in or about the premises.
b.
Legal
actions. In the enforcement of this Zoning Ordinance, the Zoning Officer
shall have the right to exercise all the powers authorized by the
statutes of the State of Illinois, and by Village codes and ordinances,
to ensure compliance with, or to prevent or abate any violation of,
the provisions of this Zoning Ordinance, and in particular shall,
where necessary or appropriate, institute or cause to be instituted
by the Village Attorney in the name of the Village any and all actions,
legal or equitable, including appeals, that may be required for the
enforcement of this Zoning Ordinance.
c.
Abatement
liens. Where authorized by state statute, the Zoning Officer may order
any work necessary to abate any violation of this Zoning Ordinance
and shall assess the cost of such work to the property owner. Upon
the failure of the owner to pay such cost, the Zoning Officer shall
have the right to file a lien for such costs and for all costs of
collection against the property in question.
d.
Revocation
of rezonings, permits, variations, or approvals. The violation of
any provision of this Zoning Ordinance, or of any permit or approval
granted pursuant to this Zoning Ordinance, or of any condition imposed
pursuant to this Zoning Ordinance shall be grounds for the revocation
of any rezoning, permit, variation, or approval granted pursuant to
this Zoning Ordinance and affecting the property involved in the violation.
The Zoning Officer may recommend, and the Board of Trustees may order,
such revocation; provided, however, that where the original rezoning,
permit, variation, or approval was granted following a public hearing
required pursuant to this Zoning Ordinance, the revocation shall be
preceded by a similar public hearing.
