Nothing herein contained shall be construed to give or grant to the Zoning Commission the power or authority to alter or change the zoning code or any use district made a part of the Zoning Map; such power and authority being reserved to the Village Board, and the Zoning Commission shall not have any power or authority with respect to any alterations or change of the zoning code except to make recommendations to the Village Board in such specific cases as may properly come before the Zoning Commission.
When definite distances in feet are not shown on the Zone Map, the district boundaries, as indicated, are intended to be along existing streets, alleys, or property lines or extensions of the same. When such locations are not clear, they shall be determined by the Zoning Commission, giving due considerations to the apparent indicated location and the scale of the Zone Map. All determinations so made by the Zoning Commission shall be in conformance with the expressed intent and purposes of this chapter.
A.
The enforcement officers of this chapter shall be the Village President, the Village Board of Trustees or Village Clerk-Treasurer. Such enforcement shall conform to the terms of this chapter and the rules and regulations adopted by the Zoning Commission; provided, however, nothing herein contained shall be construed as to limit the rights of the Village of Forrest, to otherwise enforce this chapter by invoking any legal, equitable or special remedy provided by law.
B.
Any decision of the enforcement officers made in the enforcement of this chapter may be appealed to the Zoning Commission by any person claiming to be adversely affected by the decision. In the event of such an appeal, the Zoning Commission shall, after public notice and hearing, as provided by law, consider such appeal and render a decision in accordance with the powers granted under § 890-30. The cost of legal advertising and any required notice to affected property owners shall be borne by the petitioner making such an appeal.
A.
The Zoning Commission shall be the Village President and the Village Board of Trustees. The Zoning Commissioner shall be the Village President. The Zoning Commission shall have all powers and duties conferred and prescribed by law upon such boards. The Zoning Commission shall make and prescribe rules, regulations and orders for the administration and enforcement of this chapter, and for the conduct of its own business, including duties to be performed by the enforcement officers.
B.
The Zoning Commission shall also make and prescribe such rules and regulations and orders concerning the filing of appeals to it, and the giving of notices of hearings, and the conducting of hearings before it, as shall be necessary to carry out the duties of the Board in the administration and enforcement of this chapter and shall prescribe fees for the publication of notices and the manner of payments thereof.
C.
The Zoning Commission shall keep minutes of its proceedings, shall keep records of its examinations and other official actions, shall prepare findings and record the vote on all actions taken, and shall preserve all records and minutes in the office of the Village Board as public records of the Village of Forrest, Illinois.
D.
The Zoning Commission, in a particular case petitioned to it under its rules, upon public hearing after proper notice thereof, and after finding that the public convenience and welfare will be served and that substantial of permanent injury will not result to a neighboring property, shall have the power to authorize and permit within the incorporated area of the Village of Forrest, Illinois:
(1)
The extension of a nonconforming use or building upon the lot occupied by such use or building at the time of enactment of this chapter.
(2)
A variation of established lot lines, yard requirements and height requirements so as to permit reasonable use of a lot for the purpose intended by this chapter.
(3)
The permitting for a period not to exceed one year, of the construction maintenance and occupation of a temporary building for a nonconforming business or industrial use in a residential district provided that such nonconforming use is incidental to the development of the particular variations enumerated otherwise in this chapter.
(4)
The particular variations enumerated otherwise in this chapter.
E.
The Zoning Commission appeals shall also hear and determine appeals from any order requirement decision or determination made by the Zoning Commission.
F.
The Zoning Commission Appeals shall also interpret the Zone Map, which constitutes a part of this chapter under Article I hereof. In the interpretation of such Zone Map, the Zoning Commission Appeals shall consider that district boundaries are intended to follow the center lines of existing street, highways, and alleys, or property lines or extensions of the same, or the banks of rivers, streams, creeks, and open ditches, or section and quarter section lines, unless definite distances are otherwise indicated on the Zone Map. The Zoning Commission Appeals may from time to time formulate and promulgate rules and regulations for the interpretation of said zone map, which rules shall be incorporated in the minutes of the Zoning Commission Appeals.
A.
In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety, convenience and general welfare.
B.
In all cases, the Zoning Commission shall keep to the spirit and intent of the chapter as a whole in making interpretations of the same. The purpose of this chapter shall be to preserve existing land uses and the peaceful enjoyment of such uses unless and until it appears that the public interest of all of the citizens of the Village of Forrest, Illinois, will be better served by making a change.
C.
Individual convenience and necessity should never be considered as a valid or sufficient reason for amending the Zoning Ordinance or for granting permission for a nonconforming use. The purpose of the chapter is to make paramount the good of the many as opposed to the good of a single individual or a small group.
D.
It is not intended by this chapter to interfere with, abrogate or amend any existing easements, covenants, or other agreements between parties, nor is it intended by this chapter to repeal, abrogate, annul or in any way to interfere with any existing provisions of law or ordinances or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises except in those cases where this chapter imposes a greater restriction upon the use of buildings or premises than is imposed or required by such existing provision of law or by such rules, regulations, agreements covenants or permits. In such latter cases, the provisions of this chapter shall control. Where such private covenants, permits, rules, regulations, or ordinances impose a greater restriction than is imposed by this chapter, the greater restrictions shall control.
A.
Nothing herein contained shall require any change in the plans, construction or intended use of a building the construction of which shall have been commenced prior to the date of passage of this chapter.
B.
Nothing herein contained shall prevent the restoration of a building destroyed by fire, explosion, Act of God or an act of the public enemy subsequent to the passage of this chapter. Nothing in this chapter shall prevent the restoration of a wall declared to be unsafe by proper authority.
C.
Any building which shall be erected, raised or converted, or any land or premises which shall be used, in violation of any provision of this chapter or any regulation made hereunder by the Zoning Commission, shall be deemed to be a common nuisance and the owner of the building, land or premises shall be liable for maintaining a common nuisance.
A.
Action on the violation of any provisions of this chapter and the right of injunction against such violations shall be subject to the authority granted by state statute. Under such statute, any person who violates a provision of this chapter shall be guilty of a misdemeanor and shall be fined not less than $100 and not more than $750.
B.
Further, the Zoning Commission or any designated enforcement officer may institute a suit for injunction in the Circuit Court of Livingston County to restrain an individual from violation the provisions of this chapter and may also institute a suit for a mandatory injunction directing removal of any structure erected in violation of the terms of this chapter.
Public notice shall be given for all public hearings for the consideration of appeals taken to the Zoning Commission Appeals from the decision of the enforcing officers. Such notice shall consist of posting of the time and place of such hearing at the Forrest Post Office, at the main entrance to the Village Office, and at or near the drop box at the Village Maintenance Building at least seven days prior to the time for said hearing. At the discretion of the Zoning Commission, an additional notice may be prescribed for the immediately affected property owners. The cost of both public and additional notice shall be assumed by the petitioner.