CHAPTER 21. ZONING
ARTICLE XI. ADMINISTRATIVE
Sec. 21-55. ZONING OFFICE.
(1) Creation. The zoning office is hereby created and, under the direction of a zoning officer, shall have the responsibility of administering and enforcing the provisions of this ordinance.
(2) Powers and duties. The zoning officer shall enforce the provisions of this ordinance and, in addition thereto and furtherance of such authority, shall:
(a) Examine and approve any application pertaining to the use of land, buildings, or structures to determine if the application conforms with the provisions of this ordinance.
(b) Issue all zoning certificates, and keep permanent records thereof.
(c) Issue all certificates of zoning compliance and keep permanent records thereof.
(d) Conduct such inspections of buildings, structures, and uses of land as are necessary to determine compliance with the terms of this ordinance.
(e) Receive, file, and process for action all applications for appeals, variations, special uses, and amendments to this ordinance which are filed in the zoning office.
(f) Initiate petition to revoke certificates of zoning nonconforming uses existing at the time of passage of this ordinance or any amendment thereto upon request.
(g) Issue certificates of zoning compliance for nonconforming uses existing at the time of passage of this ordinance or any amendment thereto upon request.
(h) Maintain permanent and current records of this chapter, including all maps, amendments, special uses, and variations.
(3) Remedies cumulative. All remedies provided for herein shall be cumulative and not exclusive.
Sec. 21-56. ZONING BOARD OF APPEALS.
(1) Creation and Memberships. The zoning board of appeals is hereby authorized to be established. The board shall consist of a chairman and six (6) members, and said the board should be appointed by the Village President with the consent of the Board of Trustees of the Village. In addition to the seven (7) members of the Zoning Board of Appeals, the President of the Board of Trustees and a designated Trustee from the Board of Trustees shall also be considered ex officio members of the Zoning Board of Appeals. The Village President and the designated Trustee are to be considered ex officio members and shall be appointed by the President of the Board of Trustees with the advice and consent of the Board of Trustees on an annual basis. Neither the President nor the designated Trustee shall be counted in determining whether or not the Zoning Board of Appeals has a quorum to constitute business at any given meeting. Further, neither the president nor the designated Trustee shall have any voting rights on the Zoning Board of Appeals. Further, neither the President nor the designated Trustee shall be entitled to any additional compensation as members of the Zoning Board of Appeals.
A. When first appointed, the members of the Zoning Board of Appeals shall serve respectively for the following terms: One for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years.
1. The successor to each member so appointed shall serve for a term of five (5) years.
2. Upon creation of the Zoning Board of Appeals, one of the members so appointed shall be named as chairman at the time of his/her appointment for a period of one year.
3. Each successor to the chairman shall be elected by the membership by a majority vote.
4. All members of the Zoning Board of Appeals shall be residents of the Village of New Milford, Illinois, at all times during their appointment.
B. The Village President and the Board of Trustees shall have the power to remove any member of the Zoning Board of Appeals, including its chairman, for cause and after a public hearing.
C. Vacancies upon the Zoning Board of Appeals shall be filled for the unexpired term of the member or the chairman whose seat has become vacant by appointment by the Village President with the consent of the Board of Trustees of the Village.
D. When members propose to resign, if reasonably feasible, they shall give notice of their intent to the chairman or make the date of resignation effective in such a manner to allow time for the appointment of a replacement.
(2) Hearings and meetings.
A. All hearings and all meetings of the Zoning Board of Appeals shall be open to the public, and the record and minutes thereof shall be available for examination in the Office of the Village Clerk during regular business hours.
1. At hearings and meetings of the Zoning Board of Appeals, any interested person may appear or may be represented by duly authorized agents or attorneys.
2. No testimony shall be taken, and no witnesses heard except at a properly convened hearing of the Zoning Board of Appeals.
B. Each meeting of the Zoning Board of Appeals must be preceded by a notice of such hearing, which shall be published at least once, not more than thirty (30) nor less than fifteen (15) days prior to the hearing in one or more newspapers of general circulation in the Village.
1. All testimony before the Zoning Board of Appeals shall be given under oath, and a record of minutes maintained for each case so heard.
2. The chairman shall administer or authorize the administration of oaths and may compel the attendance of witnesses.
3. The Village Clerk is hereby authorized to make such additional charges to the applicant as may be necessary to cover the cost of sending and publishing a notice in the event the filing fees authorized to be collected hereinafter are insufficient to cover the cost of said hearing. The applicant is also responsible for any and all charges that the Village incurs in processing the petition.
C. All meetings of the Zoning Board of Appeals shall be held at the call of the chairman and at such other times as the said Zoning Board of Appeals may determine by rule.
1. The Zoning Board of Appeals 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.
2. At such meetings and within the perimeter of its jurisdiction granted herein below, the Zoning Board of Appeals shall make its decision or its recommendation of all matters presented to it within a reasonable time.
a. The Zoning Board of Appeals may reverse or confirm, wholly or partly, or may modify or amend any order, requirement, decision, or determination, appealed from the extent and in the manner the board may decide to be fitting and property subject to the provisions contained in this chapter or in the applicable Statutes of the State of Illinois.
b. The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to recommend a variation from the terms of this chapter or to recommend or decide in favor of the petitioner on any matter upon which the Zoning Board of Appeals is required to pass, under this chapter or any other ordinance of the Village.
3. Any exhibits containing plans and specifications for the proposed use shall remain part of the permanent records of the Zoning Board of Appeals.
D. All special hearings of the Zoning Board of Appeals shall be held at the call of the chairman and at such other times as the said Zoning Board of Appeals may determine by rule.
1. All of the foregoing rules and regulations governing the conduct of the regular hearings before the Zoning Board of Appeals shall apply to the special hearings of the said Zoning Board of Appeals.
2. The Village Clerk is hereby authorized to make such additional charges to the applicant as may be necessary to cover the cost of sending and publishing a notice in the event the filing fees authorized to be collected hereinafter are insufficient to cover costs, as well as the costs of the said hearings.
E. Jurisdiction. The zoning board of appeals is hereby vested with the following jurisdiction and authority, and it shall be its duty:
1. To hold public hearings on requests for amendments to this chapter, to make findings and recommendations thereon, and to forward the same to the President and Board of Trustees of the Village;
2. To hear and decide appeals from any order, requirement, decision, or determination made by an administrative official in the administration and enforcement of any other ordinances of the Village upon which the Zoning Board of Appeals is required to pass;
3. To hear applications for variations from the regulations and restrictions contained in this chapter and submit its recommendations thereon to the President and Board of Trustees of the Village;
4. To hear all applications for special uses and submit its recommendations thereon to the President and Board of Trustees of the Village; and,
5. To hear and decide, or make recommendations on, such other matters as may from time to time be committed to its jurisdiction by other ordinances of the Village.
Sec. 21-57. APPEALS.
(1) Scope of appeal. An appeal may be taken to the Zoning Board of Appeals by any person, firm, corporation or office, department, board, or bureau affected by a decision of the zoning officer. Such appeals shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rules adopted by it and shall be taken by filing with the zoning officer a notice of appeals, specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the Zoning Board of Appeals.
The zoning officer shall forthwith transmit to the Zoning Board of Appeals all of the papers constituting the record upon which the action appealed was taken.
(2) Hearing of appeals. The Zoning Board of Appeals shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the person appealing and to the office from whom the appeal is taken. It shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney to testify. After receiving testimony, the Zoning Board of Appeals shall make findings and submit the same to the Board of Trustees, who will ultimately decide the issue at hand.
(3) Stay of proceedings. The appeal shall stay all proceedings and furtherance of the action appealed from unless the zoning officer certifies to the Zoning Board of Appeals after notice of appeals has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such a case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, with notice to the officer from whom the appeal is taken and all due causes shown.
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