A.
Building permit. A building permit is issued to ensure that all structures
comply with the provisions of this chapter and the applicable building
codes. No person shall construct or modify a building or structure
until a building permit has been issued. The Zoning Administrator
shall review each application for a building permit made under the
building code of the Village prior to the issuance of a building permit.
If an application for a building permit is for any new construction
of a building or structure or an addition to an existing building
or structure the application shall be accompanied by a site plan,
as described above. Site plan review and approval by the Zoning Administrator
shall be required prior to the issuance of a building permit in such
instances.
B.
Other construction permits. Applications for electrical, plumbing,
HVAC, and any other similar permits authorizing a change in a building
or property shall contain a statement indicating the existing and
proposed use for which the building or structure will be used. The
Zoning Administrator shall review each application which indicates
a change of use, even if the proposed permit does not indicate a change
in the exterior elements of the property. The permit shall be issued
subject to zoning approval.
A.
In order to ensure conformity with the provisions of this chapter
and compatibility with adjacent development prior to construction,
a site plan review procedure is hereby established. Projects that
involve the construction of a new building or structure or an addition
to an existing building or structure require site plan review and
approval. Site plan review may also be required in order to ensure
compliance with any other provisions of this chapter at the discretion
of the Zoning Administrator. When a site plan review is required,
site plan approval by the Zoning Administrator must be granted prior
to the issuance of a construction permit or certificate of occupancy.
A project which requires site plan review shall be accompanied by
a site plan drawn to scale, and supporting documents that contain
the following information:
(1)
Location of the property;
(2)
Actual dimensions of the lot;
(3)
Location and exact size of the building or structure to be erected,
converted, enlarged, or structurally altered;
(4)
Distance from proposed buildings or structures to each lot line;
(5)
Existing and intended use of each building or part thereof;
(6)
Location of all existing buildings and structures;
(7)
Location of each parking space, loading space, accessway and curb
cut;
(8)
Location
of trash disposal areas and screening for such areas;
(9)
Landscaping
plan for the development;
(10)
Lighting plan for parking areas;
(11)
Location of principal signage along with conceptual design;,
and
(12)
Other such information as may be necessary to determine and
provide for the enforcement of this chapter.
B.
The submitted site plan shall be reviewed by the Zoning Administrator
to determine the following:
(1)
That the proposed building or structure is either entirely occupied
by a conforming use, or that if the structure is occupied wholly or
partly by a nonconforming use, that such nonconforming use is allowed
under and complies with the regulations of as stated in this code;
(2)
That the proposed building or structure complies with the applicable
height, area, yard, parking and landscaping regulations as required
by this chapter;
(3)
That the proposed building or structure complies with all other applicable
standards as required by this chapter; and
(4)
Upon a determination that all the requirements above are met or not
met, the Zoning Administrator shall approve or disapprove the site
plan.
A certificate of occupancy is needed to ensure that all structures
and uses comply with the provisions of this chapter and all preceding
development permit approvals. No building or structure shall be occupied,
and no change shall be made in the use of any land, building or structure
until a certificate of occupancy permit has been issued by the Zoning
Administrator or the Building Inspector, stating that the building
and use comply with the provisions of this chapter.
A zoning compliance letter is issued by the Zoning Administrator
to certify that a proposed or existing use or development is or is
not in compliance with the provisions of this chapter. Any person
with an interest in a property may request a zoning compliance letter
from the Zoning Administrator at any time. In no case shall the issuance
of a zoning compliance letter prevent an applicant from having to
obtain any other form of development approval otherwise required by
this chapter or referenced codes.
A.
Any decision regarding the interpretation or enforcement of the provisions
of this chapter may be appealed to the Board by any person claiming
to be aggrieved thereby, in accordance with the provisions of this
chapter.
B.
In order to initiate the appeals process, an application for zoning
appeal must be completed and filed with the Village Clerk within 180
days of the decision of the Zoning Administrator, and a filing fee
paid according to the fee schedule in this chapter. The application
for appeal shall contain the following information:
C.
Once an appeal has been filed, no permits shall be issued, or other
approvals granted for the subject property until the appeal is decided.
A hearing shall be scheduled before the Village Board and the appeal
shall be heard within 45 days of the filing date of the appeal. Notice
of the time and place of the hearing shall be provided to the applicant
at least 20 days prior to the hearing.
D.
The applicant shall have notice of the public hearing published in
a local newspaper of general circulation at least 15 days but not
more than 30 days prior to the public hearing.
E.
The hearing shall be held in accordance with the rules and procedures
established by the Village Board, and the Village Board shall make
a determination on the appeal within 30 days of the close of the hearing.
F.
On an appeal of any decision or determination of the Zoning Administrator,
the Village Board shall be limited to a determination of the propriety
of the questioned action taken by the Zoning Administrator. The Board
may reverse, affirm, or modify the decision appealed. In order to
reverse or modify a decision, any one or combination of the following
findings must be satisfied:
G.
In making its determination, the Village Board may not grant a variation
in the application of the regulations of this chapter.
H.
Any further review shall be filed with a court of competent jurisdiction
within 45 days of receipt of the written determination.
Any application for a zoning map amendment, special use permit,
planned unit development, variation, or appeal to the Board shall
be filed with the Village Clerk and accompanied by a fee in the amount
prescribed in this section. Once an application has been filed and
the fee paid, the fee is nonrefundable.
A.
No person shall erect, construct, alter, use, maintain or allow any
building, lot, or parcel of land to be used or maintained in violation
of this chapter. In addition to other actions which may constitute
a violation, the following constitute violations of this chapter:
(1)
The use, arrangement, or construction of a building, structure or
improvement to land does not conform with that authorized by approved
plans;
(2)
An improvement is constructed, or a use is operating without obtaining
the appropriate permits or zoning approvals;
(3)
The use of a structure or land which is nonconforming does not meet
the requirements of this code;
(4)
The use of a structure or parcel of land which is a conforming use,
but does not meet the applicable district standards or other requirements
of this chapter, unless otherwise provided;
(5)
The use of a structure or parcel of land does not comply with conditions
or standards enumerated in a special use approval; or
(6)
The sale, conveyance, or use of any portion of a lot which reduces
the lot area below the minimum area required, depth or width of a
yard to less than the minimums required, or the number of parking
spaces below the minimum number of spaces required.
B.
The following shall be presumed for assessing the existence and length
of a violation:
(1)
Persons
are presumed to be fully aware of the provisions of this chapter and
ignorance of such does not exempt such persons from the enforcement
actions provided for in this chapter.
(2)
A violation shall be presumed to have existed from the earliest date
that can be legally established from the following:
(a)
The date of issuance of a notice of violation, license, permit,
registration, inspection report, or other documentation in relation
to the offense or that permits a use that would not otherwise be permitted
in this chapter;
(b)
The date of any advertisement, correspondence, or other documentation
generated by the establishment announcing or describing the illegal
operation of that establishment; or
(c)
The date of collection or reporting of taxes, fees, or other
payments to any agency in relation to the offense.
(3)
A separate offense shall be deemed committed on each day during which
a violation of this chapter occurs or continues after it has been
established that the violation existed, unless the person charged
establishes that the violation did not occur on a subsequent date
or dates.
C.
Enforcement of a violation may be initiated against the owner, whether
legal, equitable, or in the case of an Illinois land trust, a beneficial
interest holder, a tenant, occupant, or other person with ownership
interest in or control of the property.
D.
Whenever the Zoning Administrator determines that there has been
a violation of this chapter or has reasonable grounds to believe that
a violation has occurred, the Zoning Administrator shall give notice
of the violation to the owner or person or persons responsible therefor
in the manner prescribed here. Such notice shall be in writing and
shall include:
(1)
The date the violation was established;
(2)
A description of the subject property;
(3)
A statement of the reason or reasons why the notice is being issued,
including the section of this chapter that is being violated;
(4)
A correction order allowing a reasonable time for the action necessary
to bring the property into compliance with the provisions of this
chapter or otherwise cease the violation; and
(5)
An explanation of the owner or person(s) charged with the violation
the right to appeal the notice to the Village Board.
E.
Such notice of violation shall be deemed to be properly served upon
such owner or person charged if:
(1)
A copy thereof is personally delivered to the owner or person(s)
charged;
(2)
The notice is sent by first-class mail and addressed to the last
known address of the owner or person(s) charged; or
(3)
If the letter is returned stating that it is undeliverable by posting
a copy thereof in or about the structure or property affected by such
notice and publishing such notice in a local newspaper of general
circulation.
F.
When a person receives notice of a violation and does not comply
with the order to correct the violation within the specified time,
the Zoning Administrator may elect to proceed under any one, or combination
of, the enforcement measures described within this chapter or otherwise
authorized by law to seek correction of the violation or punishment
for the offense or both.
G.
The Zoning Administrator is authorized to issue a failure to comply
ticket, or similar instrument, to any person that has violated any
of the provisions of this chapter. The failure to comply ticket may
function as the notice of violation. A failure to comply ticket shall
be served in the manner described above.
H.
The Zoning Administrator shall have the authority to issue a stop-work
order to any person the Zoning Administrator has reasonable grounds
to believe is committing or has committed a violation of this chapter.
I.
Nothing herein shall limit any other right or remedy of the Village
or other person in interest including, but not limited to, the right
to obtain an injunction of any violation from a court of competent
jurisdiction.
A violation by any person, corporation, or other entity, whether
as principal, agent, employee, or otherwise, of any provisions of
this chapter shall be punishable by a fine of not less than $100 per
day per violation, nor more than $1,000 per day per violation. In
addition to any fine imposed hereunder, the violator shall pay all
of the costs and fees incurred by the Village in prosecuting the violation,
which shall include but not be limited to the costs associated with
an administrative adjudication proceeding or court proceeding, and
reasonable attorney's fees.
