[1983 Code]
It shall be the duty of the Administrative Officer designated
by the President and Board of Trustees to enforce this Title. Appeal
from the decision of the Administrative Officer may be made to the
Board of Appeals as provided in § 11-10-4 of this chapter.
[1983 Code; amended 10-21-2019; 12-2-2019]
A.
Authority.
1.
In considering all appeals and all proposed variations to this
Title, the Board shall, before making any variation from this Title
in a specific case, first determine that the proposed variation will
not impair an adequate supply of light and air to adjacent property,
or unreasonably increase the congestion in public streets, or increase
the danger of fire or endanger the public safety, or unreasonably
diminish or impair established property values within the surrounding
area, or in any other respect impair the public health, safety, comfort,
morals or welfare of the inhabitants of the Village. The concurring
vote of four members of the Board shall be necessary to reverse any
order, requirements, decisions or determination of the Administrative
Officer or to decide in favor of the applicant in any matter upon
which it is authorized by this Title to render a decision. Copies
of all findings, orders and decisions of the Board shall be transmitted
to the Board of Trustees for their final approval.
2.
Nothing herein contained shall be construed to give or grant
to the Board the power or authority to alter or change the Zoning
Title or the District Map, such power and authority being reserved
to the Village Board. Nothing herein contained shall be construed
to give to the Board the power or authority to give final approval
on any appeal for a variance, such power and authority being expressly
reserved to the Village Board.
B.
Authorized Variations. When a property owner shows that a strict
application of the terms of this Title relating to the use, construction
or alteration of buildings or structures, or to the use of the land,
imposes upon him practical difficulties or practical hardship, then
the Board may make such variations of the strict application of the
terms of this Title as are in harmony with its general purpose and
intent when the Board is satisfied, under the evidence heard before
it, that a granting of such variation will not merely serve as a convenience
to the applicant, but is necessary to alleviate some demonstrable
hardship or difficulty so great as to warrant the variation in the
following instances:
1.
To permit the extension of a district where the boundary line
of a district divides a lot in single ownership as shown of record.
2.
To permit the reconstruction of a nonconforming building which
has been destroyed or damaged to an extent of more than 60% of its
value, by fire or Act of God or the public enemy, or to permit the
continued nonconforming use of a building or premises in the event
that said use is discontinued or its normal operation stopped for
a continuous period of over one year, where the Board shall find some
compelling public necessity requiring a continuance of the nonconforming
use, or satisfactory evidence is presented regarding the necessity
and justification of discontinued use or normal operation, and in
no case shall such a permit be issued if its primary function is to
continue a monopoly.
3.
To permit the erection and use of a building or the use of premises
in any location for a public service corporation for public utility
purposes which the Board deems reasonably necessary for the public
convenience or welfare.
4.
To make a variance where, by reason of an exceptional situation,
surroundings or condition of a specific piece of property, or by reason
of exceptional narrowness, shallowness or shape of a specific piece
of property of record, or by reason of exceptional topographical conditions,
the strict application of any provision of this Title would result
in peculiar and exceptional practical difficulties or particular hardship
upon the owner of the property and amount to a practical confiscation
of property as distinguished from a mere inconvenience to such owner,
provided such relief can be granted without substantial detriment
to the public good and without substantially impairing the general
purpose and intent of the Comprehensive Plan as established by the
regulations and provisions contained in this Title.
5.
To interpret the provisions of this Title where the street layout
actually on the ground varies from the street layout as shown on the
District Map fixing the several districts.
6.
To permit lots that were of record at the time of passage hereof
and which contain less than the intensity of use requirements of the
dwelling district in which they are located to be used for single-family
dwellings and to vary the side yard regulations for such lots, but
only when the owner or owners of such lots furnish substantial proof
of the inability to acquire, or to acquire at a reasonable price,
additional land adjoining the lot which would be necessary to provide
the required lot area.
7.
To extend the period within which a nonconforming commercial
or industrial use is to be removed from a dwelling district, when
the owner or owners can furnish substantial proof that the building
was so extensively remodeled, reconstructed or structurally altered
after the original construction that it practically resulted in a
new building, but such extension of the period shall not exceed 40
years from the date of such remodeling, reconstruction or structural
alteration.
8.
To waive the parking requirements in the commercial, business
or industrial districts whenever the character or use of the building
is such as to make unnecessary the full provision of parking facilities
or where such regulations would impose an unreasonable hardship upon
the use of the lot as contrasted with merely granting an advantage
or a convenience.
9.
To permit land within 200 feet of a multiple dwelling to be
improved for the parking spaces required in connection with a multiple
dwelling, but only when there is positive assurance that such land
can be used for such purpose during the existence of the multiple
dwelling.
C.
The applicant, at the time of filing the application for variation
or change, shall furnish to the Village Clerk a list containing the
names and addresses of each of the recorded owners, as shown by the
Recorder of Deeds or Registrar of Titles in Cook County, of all property
within 250 feet of any part of the lot line of the applicant's property
for which the variation or change is requested. The Village Clerk
shall serve written notice by U.S. postal card on said owners of record.
Such notice shall be mailed at least seven days prior to the date
of the hearing of applicant's petition and shall contain the post
office address or other description of the applicant's property, a
brief statement of the nature of the requested variation or change,
the name and address of the applicant, and the date, time and place
of the hearing on said application.
D.
Hearing. The Board shall make no variation except in a specific
case and after a public hearing conducted by the Board. A notice of
the time and place of such public hearing shall be published in a
paper of general circulation in the Village not more than 30 nor less
than 15 days before the hearing. Such notice shall contain the address
or location of the property for which the variation or other ruling
by the Board is sought, as well as a brief description of the nature
of the appeal.
E.
Period of variation. Absent an extension granted by the President
and Board of Trustees, any variation of the requirements contained
in the Village of Thornton Zoning Code granted by the Village shall
automatically become null and void unless construction is completed
within one year of Board approval.
[1983 Code; amended 4-16-1990; 12-4-2006; 8-5-2013; 7-19-2021]
A.
Appeals. Before any action is taken as provided in § 11-10-4
hereof, a party or parties requesting an appeal of any decision of
the Administrative Officer shall deposit with the Village Clerk the
sum of $350 to cover the approximate cost of this procedure, and under
no condition shall said sum, or any part thereof, be refunded for
failure of said appeal to be enacted into law.
B.
Certificate of occupancy. A fee of $50 shall be paid to the
Village Clerk for each certificate of occupancy issued.
C.
Amendments. Before any action shall be taken as provided in
§ 11-10-6 hereof, the party or parties proposing or recommending
a change or special use in the district regulations or district boundaries
shall deposit with the Village Clerk the sum of $350 to cover the
approximate cost of this procedure, and under no condition shall said
sum or any part thereof be refunded for failure of said amendment
to be enacted into law.
D.
Variance. Before any action shall be taken as provided in § 11-10-5
hereof, the party or parties proposing variations to this title shall
deposit with the Village Clerk the sum of $400 to cover the approximate
cost of this procedure, and under no condition shall said sum or any
part thereof be refunded for failure of said proposal to be enacted
into law.
[1983 Code]
Any person who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions
of this Title shall be fined not less than $25 nor more than $500
for each offense. A separate offense shall be deemed committed for
each day such violation shall continue.