13.0 ADMINISTRATION AND ENFORCEMENT

ZONING ORDINANCE - 13.0 ADMINISTRATION AND ENFORCEMENT

13.0 - ADMINISTRATION AND ENFORCEMENT

13.1 - ORGANIZATION

The administration of this Ordinance is hereby vested in the Office of the Zoning Administrator and in the administrative officer responsible for that office, the Zoning Administrator. When used in this Ordinance, the terms "Zoning Administrator" and "Office of the Zoning Administrator" shall be interchangeable and shall be deemed to refer to the Office and not the individual position. Other responsibilities for the administration and enforcement of this Ordinance shall be vested in the Zoning Board of Appeals, the Plan Commission, and the Board of Trustees as hereinafter specified.

 

13.2 - OFFICE OF THE ZONING ADMINISTRATOR

13.2.1 - ESTABLISHMENT AND STAFFING OF OFFICE

The Office of the Zoning Administrator and the position of Zoning Administrator are hereby established. The Zoning Administrator shall be appointed by the Village President subject to the majority consent of the Village Board. The Zoning Administrator shall possess the credentials and qualifications to equitably, impartially, and knowledgeably administer and enforce the terms of this Ordinance. If deemed necessary by the Village President and authorized by the Village Board, the Village Administrator or any other qualified Village employee may serve as the Zoning Administrator. The Zoning Administrator, while appointed by the Village President, serves at the pleasure of the Village Board and may for cause, be removed from office by majority vote of said Board. The Village President shall provide the Office of the Zoning Administrator with all ancillary personnel deemed necessary to the efficient and proper operation of said office.

 

13.2.2 - RESPONSIBILITIES

All responsibilities hereinafter listed in this subsection shall be vested in the Office of the Zoning Administrator, and it shall be the duty of the Zoning Administrator to assure, to the best of his/her abilities, that said responsibilities are properly and diligently executed:

1. - Issue, and when applicable, renew all permits or certificates required by the several provisions of this Ordinance or as may be required to be issued as a matter of Village policy.

2. - Make and maintain records of all matters pertaining to zoning within the Village of Gurnee including, but not limited to, permit and certificate issuance, zoning applications for amendments, variations, special uses, etc., inspections, County zoning matters or adjacent municipal zoning matters affecting the Village of Gurnee, signs, and all correspondence, protests, objections or comments pertaining to Village zoning matters.

3. - Maintain, and publish for public dissemination and sale, no later than March 31st of each year, the Zoning Map of the Village of Gurnee, and keep all records and amendments pursuant thereto.

4. - Conduct inspections as prescribed by this Zoning Ordinance and such other inspections as are necessary to assure compliance with the various provisions hereof.

5. - Perform such other duties as are, from time to time, assigned or delegated by the Village Administrator or as may be designated elsewhere in this Ordinance.

6. - Map all non-conforming and unlawful uses existing within the Village of Gurnee, keep records pertaining to such uses, and enforce the applicable provisions of Article 12.

7. - Provide and maintain a source of public information relative to all matters arising out of this Ordinance.

8. - Receive, file, and forward to the appropriate Village board or commission all applications and petitioner for such action as such boards or commissions are required to act upon pursuant to the provisions of this Ordinance.

9. - Render, when called upon to do so, administrative interpretations regarding the zoning of specific properties within the Village of Gurnee, and the effect such zoning has on the lot, bulk, and/or the intensity of use.

10. - Advise all interested Village and other governmental agencies of pending zoning matters, and when called upon to do so, notify property owners and/or homeowner's associations.

11. - Serve as liaison with the Village Board, Zoning Board of Appeals, and Plan Commission, and keep those boards and commission abreast of all zoning matters and of the "state of art" in community planning and zoning.

12. - Attend meetings of Village board and commissions when ordered to do so by the Village Administrator.

13. - Issue zoning certificates when so authorized.

14. - When in compliance with this Ordinance, issue temporary use permits.

 

13.3 - ZONING BOARD OF APPEALS

13.3.1 - CONTINUANCE AND MEMBERSHIP

The Gurnee Zoning Board of Appeals, established in previous texts of the Village's Zoning Ordinance, is hereby authorized to continue. Said Board has consisted and shall be continued to be composed of seven (7) members appointed by the President of the Village Board with the majority consent of the Village Board. Such members shall receive an allowance for expenses and compensation for their time as may be provided for by the Village Board in their general salary ordinance. Members of the Zoning Board of Appeals serving at the time of adoption of this comprehensive amendment to the Gurnee Zoning Ordinance shall serve for the remaining term of their appointments or until their respective successors are appointed. All new and renewed terms of office for Zoning Board of Appeals members shall be for two (2) years.

The Village President, with the majority consent of the Village Board, shall, on an annual basis, designate one of the members of said Zoning Board as Chairman of said Board. The Chairman of said Zoning Board shall hold office for a period of one (1) year at which time, the Village President, subject to the majority consent of the Village Board, may either reappoint said individual as Chairman of the said Zoning Board or designate another member of the Zoning Board as Chairman.

 

13.3.2 - JURISDICTION

The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority to:

1. - Hear and make recommendation to the Village Board on all appeals to any order, requirement, decision, or determination made by the Office of the Zoning Administrator.

2. - In instances when a particular provision of this Ordinance is, in the opinion of the Office of the Zoning Administrator, open to interpretation or ambiguous, make recommendations to the Village board as to the specific provision in question, its scope, and its applicability.

3. - Make recommendations to the Village Board to grant or deny variations consistent with the procedure and standards for variations established in this Article.

4. - Hear and recommend schedules for amortization of non-conforming or unlawful buildings, structures, lots, or uses to the Village Board.

5. - Make recommendations to the Village Board as to the determination of "similar and compatible uses" in accordance with the provisions of this Article.

6. - Initiate, direct, and review, on a periodic basis, this Ordinance, reporting all recommendations to the Village Board as it does so.

7. - Hear and decide all matters referred to it or upon which it is required to pass under this Ordinance.

 

13.3.3 - MEETING AND RULES

All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman, and at such times as the Zoning Board may determine. All meetings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing either in person or by a duly authorized agent. The Chairman, or in his/her absence the acting Chairman, may administer oaths and compel the attendance of witnesses. The Zoning Board shall keep minutes of its proceedings, vote, indicating such fact, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment, and every order, requirement, decision, or determination of the Zoning Board shall be filed immediately in the Office of Zoning Administrator and shall be a public record.

 

*13.3.4 - REQUIRED VOTE

All final decisions arrived at by the Zoning Board of Appeals shall require an concurring vote of at least four members of the Zoning Board members in attendance.
(*Amended March 24, 1986, Ord. No. 86-16)

 

13.3.5 - EFFECT OF ZONING BOARD OF APPEALS ACTION

In all instances, action taken by the Gurnee Zoning Board of Appeals is advisory to the Village Board of Trustees. Sequences of submission of Zoning Board recommendations to the Village Board are enumerated within other subsections herein. After the proper procedure herein specified as been adhered to, including all required public hearings, and the Zoning Board of Appeals has made its recommendations, the Village Board shall, then and only then, make the final administrative determination of all matters relating to this Zoning Ordinance including, appeals, interpretations, variations, and amortization schedules. All such decisions of the Village Board are final, subject to change only upon proper judicial review and order or upon a change in ruling by the Village Board.

 

13.4 - PLAN COMMISSION

13.4.1 - PARTICIPATION IN ZONING MATTERS

As referred to in this Ordinance, the Plan Commission is that appointed body created, in accordance with the Revised Statutes of the State of Illinois, as the Village of Gurnee Plan Commission. Said Plan Commission shall have advisory jurisdiction in zoning matters as specified in the following subsection.

 

13.4.2 - JURISDICTION

The Village of Gurnee Plan Commission is hereby vested with the following jurisdiction and authority to:

1. - Conduct public hearings, and to recommend action to the Village Board, on special uses, planned unit developments, and zoning amendments.

2. - Recommend to the Village Board and Zoning Board that specific aspects of this Ordinance be studied and the reasons therefore, and upon the approval of the Village Board, to study and recommend changes to this Ordinance.

3. - Make recommendations to the Village Board to insure that any changes in this Ordinance are in strict conformance with all aspects of the Village of Gurnee Comprehensive Plan.

4. - Review and make recommendations upon all other matters referred to it by this Ordinance.

 

13.4.3 - MEETINGS AND RULES

All meetings of the Plan Commission shall be held at the call of the Chairman, and at such times as the Plan Commission may determine. All meetings conducted by the Commission shall be open to the public. Any person may appear and testify at a hearing either in person or by a duly authorized agent. The Chairman, or in his/her absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. The Plan Commission shall keep minutes of its proceedings, showing the vote of each member upon each questions, or if absent, or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment, and every order, requirement, decision, or determination of the Plan Commission shall be filed immediately in the Office of the Zoning Administrator and shall be public record.

 

13.4.4 - REQUIRED VOTE

All final decisions arrived at by the Plan Commission shall require a majority vote of all Commission members in attendance, providing that a quorum of at least four (4) members are present.

 

13.4.5 - EFFECT OF PLAN COMMISSION ACTION

In all instances, action taken by the Village of Gurnee Plan Commission is advisory to the Village Board of Trustees. Sequences of submission of Plan Commission recommendations to the Village Board are enumerated within other subsections herein. The Village Board shall make final administrative determinations relating to the Zoning Ordinance including those for special uses, planned unit developments, and zoning amendments. All such decisions of the Village Board are final, subject to change only upon proper judicial review and order or upon a change ruling by the Village Board.

 

13.5 - VILLAGE BOARD OF TRUSTEES

13.5.1 - PARTICIPATION IN ZONING MATTERS

As referred to in this Ordinance, the Village Board is that elected body created in accordance with the Revised Statutes of the State of Illinois, as the Village of Gurnee Board of Trustees. Said Village Board has jurisdiction in zoning matters as specified in the following subsection.

 

13.5.2 - JURISDICTION

The Village of Gurnee Board of Trustees is hereby vested with the following jurisdiction and authority to:

1. - Approve, disapprove, or modify all proposed special uses, planned unit developments, and zoning amendments, upon receipt of recommendations from either the Zoning Board or Plan Commission.

2. - Approve, disapprove, or modify all appeals to any order, requirement, decision, or determination made by the Office of the Zoning Administrator, upon receipt of recommendations from the Zoning Board.

3. - Approve, disapprove, or modify all requested variations consistent with the procedure and standards for variations established in this Article, upon receipt of recommendations from the Zoning Board.

4. - Approve, disapprove, or modify all schedules for amortization of non-conforming or unlawful buildings, structures, or uses, upon receipt of recommendations from the Zoning Board.

5. - Make determinations of "similar and compatible uses" in accord with provisions of this Article, upon receipt of recommendations from the Zoning Board.

6. - Act upon the periodic recommendations of the Zoning Board and Plan Commission as to the current status of this Ordinance.

7. - Upon receipt of recommendations from the Plan Commission, insure that any changes in this ordinance are in conformance with all aspects of the Village of Gurnee Comprehensive Plan.

8. - Act upon all other recommendations from the Zoning Board and Plan Commission concerning matters related to this Ordinance.

 

13.5.3 - FINALITY OF DECISIONS OF THE VILLAGE OF TRUSTEES

All decisions of the Village of Gurnee Board of Trustees relating to the various provisions of this Ordinance, specifically those concerned with special uses, planned unit developments, appeals, interpretations, variations, amortization schedules, and zoning amendments, after the proper procedure herein outlined as been adhered, shall, in all instances, be the final administrative determination, subject to change only upon proper judicial review and order or upon a change in ruling by said Village Board.

 

13.6 - ZONING CERTIFICATES AND PLATS

13.6.1 - REQUIREMENTS

Before any building or other structure, or part thereof, shall be erected, constructed, reconstructed, enlarged, moved, or structurally altered, and before the use of any building, structure, or land is changed within the Village, a zoning certificate shall be obtained from the Zoning Administrator. Said certificate shall specify its purpose and to what extent it permits development or use of a property. In cases where a special use in authorized, the special use permit shall serve as the zoning certificate. In cases where a temporary use is authorized, the temporary use permit shall serve as the zoning classification of property, and each authorized zoning enforcement officer shall be aware of the terms and permissiveness of each zoning classification. Further, no building shall be occupied before first obtaining an Occupancy Permit in compliance with established Village policy.

 

13.6.2 - PLATS

Every application for a zoning certificate shall be accompanied by:

1. - A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a Land Surveyor licensed by the State of Illinois, as a true copy of the piece or parcel lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land.

2. - A plat, in duplicate, drawn to scale in such form as may, from time to time, be prescribed by the Zoning Administrator, showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure or land, and such other information as may be required by the Zoning Administrator for the proper enforcement of this Zoning Ordinance.

One copy of each of the two (2) plats shall be attached to the application when it is submitted to the Office of the Zoning Administrator for a zoning certificate and shall be retained by the Zoning Administrator as public record.

 

13.7 - INTERPRETATION OF THE ZONING ORDINANCE

13.7.1 - INTERPRETATIONS OF SPECIFIC PROVISIONS

When a specific provision of this Ordinance is, in the opinion of the Zoning Administrator, ambiguous or open to interpretation, said provision shall be referred to the Zoning Board of Appeals by the Zoning Administrator, and said provisions shall be publicly discussed at said Boards' next regularly scheduled meeting. The Zoning Board of Appeals may elect to continue discussion of the specific provision at its immediately subsequent regular meeting, and shall therewith or subsequent thereto, recommend to the Village Board of Trustees for adoption an interpretation of said provision. The adoption or modification of the recommended interpretation of the provision by the Village Board shall be final and binding.

If, in the opinion of an application or interested citizen, a specific zoning provision is ambiguous or open to interpretation, the Zoning Administrator shall determine if in fact said provision is so. If the Zoning Administrator determines that a specific provision is generally understood and is capable of being equitably and consistently administered, said Zoning Administrator's judgment shall serve as administrative determination, subject only to Zoning Board review and Village Board approval upon a property prosecuted appeal. If the Zoning Administrator agrees that a specific provision is open to interpretation, and s/he cannot render or does not want to render a definition, said provision shall be referred to the Zoning Board of Appeals in accordance with the procedure outlined in the immediately preceding paragraph.

 

13.7.2 - SIMILAR AND COMPATIBLE USES

It is inevitable that certain forthright and justifiable uses of land will be missing from district listings of uses. An applicant for an unlisted use shall have the right to apply for said use as a special use in any zoning district where said use is thought to be justified. The procedure and standards for special uses shall be adhered to requiring a public hearing by the Plan Commission, pertaining to said special use application. Prior to such Plan Commission hearing, or at a combined meeting of the Zoning Board and Plan Commission, said special use application shall be placed before the Zoning Board. The Zoning Board shall recommend to the Village, who shall thereupon determine if there is legitimate cause to believe that the proposed use might be compatible with other uses listed in the zoning district (this responsibility differs from the Plan Commissions' in that among said Commissions' duties, is to evaluate if the proposed special use is compatible with adjoining properties and land uses, regardless of zoning classification). In making said determination, the following conditions shall be considered:

1. - Said use's potential of being consistent, compatible, and homogeneous with uses listed as permitted uses in the requested zoning district.

2. - In what other zoning classification, if any, the requested use is listed as permitted or special, and if said use--if listed in other districts--might be better processed in another district.

3. - The extent to which the proposed use complies with the "Description of District' of the particular zoning classification.

4. - The potential that the proposed use has of completing or disturbing the rationale and integrity of the requested zoning classification.

If the Village Board, acting upon the recommendation of the Zoning Board, determines that the requested use can legitimately be processed as a special use in the requested district, the Plan Commission's finding shall be considered for action by the Village Board if the procedure for a combined Zoning Board and Plan Commission meeting was followed. If the Plan Commission has not held its hearing, the Plan Commission shall be advised of the Village Board's actions and hold its hearing. If the Village Board determines that no probable cause exists to believe that the proposed use can comply with requirements of the requested zoning district nor can it be compatible and consistent with other uses listed in the district, then the applicant shall be advised that the requested use is prohibited in the requested zoning district, and consideration of a special use for said use shall not be allowed; if the Plan Commission has not held its hearing through the combined hearing procedure, then no Plan Commission hearing shall be held.

The Zoning Board, upon consideration and decision pertaining to an allegedly "similar and compatible use," shall recommend to the Village Board for adoption, that said use be cataloged in the specific district as a special use if so authorized by the Zoning Board, or shall in the files of the Office of the Zoning Administrator, be listed as prohibited in said district. This procedure shall obviate the need for duplicated study of a specific use in a specific district.

Upon special use approval of a "similar and compatible use," said use shall abide by the "Site and Structure Provisions" of the applicable zoning district, or shall abide by more restrictive site and structure provisions as may be imposed by the Village.

 

13.7.3 - ZONING MAP INTERPRETATIONS

See Article 3, Section 3.1.

 

13.8 - APPEALS

13.8.1 - AUTHORITY

The Zoning Board of Appeals shall hear and recommend to the Village Board of Trustees for approval all appeals of any administrative order requirement or determination under this Ordinance. Action taken by the Zoning Administrator may be appealed to the Zoning Board of Appeals who shall thereupon present their findings to the Village Board for approval.

 

13.8.2 - SCOPE OF APPEAL

An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau aggrieved by a decision of the Zoning Administrator. Such appeal shall be taken within thirty (30) days after the alleged erroneous order, decision or interpretation, by filing notice of such appeal on forms provided by the Office of the Zoning Administrator and payment of such fee as provided by Resolution by the Village Board.

 

13.8.3 - STAY PROCEEDINGS

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Office of the Zoning Administrator certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with it, that, by reason of facts stated in the application, a stay would in its opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed unless a restraining order is issued by either the Village Board, acting upon the recommendation of the Zoning Board of Appeals, or by a court of record, and then only if due cause can be conclusively shown.

 

13.8.4 - APPEAL HEARING AND FINDINGS

A public hearing shall be conducted by the Zoning Board upon an appeal within sixty (60) days of its filing. A written recommendation of the Zoning Board's findings shall be presented to the Village Board on said appeal within thirty (30) days of said public hearing. At such time, the Village Board shall select a reasonable time and place for the hearing of the appeal, giving due notice thereof to the concerned parties, and shall render a written decision on the appeal without unreasonable delay.

The Village Board, after reception of the recommendations of the Zoning Board, upon the majority vote of its entire membership may affirm, reverse, wholly or in part, or modify the order, requirement, decision, or determination, as it determines, in its opinion, what ought to be done, and to that end shall have all the powers of the officers from whom the appeal is taken.

The Office of the Zoning Administrator shall maintain complete records of all recommendations made by the Zoning Board and all actions of the Village Board relative to appeals.

 

13.8.5 - FINALITY OF DECISIONS

All decisions, after the procedure herein outlined has been adhered, shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable statues of the State of Illinois.

 

13.9 - VARIATIONS

13.9.1 - VARIATIONS

It is the intent of the Zoning Ordinance to use variations only to modify the application of the Zoning Ordinance to achieve a parity among properties similarly located and classified. Specifically, it is to be used to overcome some exceptional physical condition which poses practical difficulty or particular hardship in such a way as to prevent an owner from using his property as intended by the Zoning Ordinance. Such practical difficulty or hardship must be clearly exhibited and must be as a result of an external influence; it may not be self-imposed.

 

13.9.2 - APPLICATION FOR VARIATION AND HEARING PROCEDURE

An application for a variation shall be filed in writing with the Office of the Zoning Administrator. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Notice of the time and place of a public hearing shall be published at least once, not more than thirty (30) days and not less than fifteen(15) days before the hearing, in a newspaper of general circulation in Gurnee. The published notice may be supplemented by such additional form of notice as the Zoning Board, by rule, may require.

The public hearing pertaining to the requested variation shall be held by the Zoning Board within sixty (60) days of the filing of the application and fee. A written report of the Zoning Board's findings recommending the granting or denial of the requested variation shall be submitted to the Village Board within thirty (30) days after said public hearing. At such time, the Village Board shall select a reasonable time and place for the hearing of the requested variance giving due notice thereof to the concerned parties, and shall render a written decision to grant, deny, or modify the requested variation without unreasonable delay.

 

13.9.3 - STANDARDS FOR VARIATIONS

The Zoning Board of Appeals shall recommend and the Village Board of Trustees shall grant a variation only when it shall have determined, and recorded in writing, that all of the following standards are complied with:

1. - That the particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

2. - The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification.

3. - That the purpose of the variation is not based exclusively upon a desire to make more money out of the property.

4. - That the alleged difficulty or hardship is caused by the Ordinance and has not been created by any person presently having an interest in the property.

5. - That the proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase congestion in the public streets or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the adjacent neighborhood.

6. - That the variation does not permit a use otherwise excluded from the particular zone in which requested except for uses authorized by the Zoning Board, subject to the approval of the Village Board, as "similar and compatible uses."

7. - That the variation granted is the minimum adjacent necessary for the reasonable use of the land.

8. - That the granting of any variation is in harmony with the general purposes and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, be detrimental to the public welfare, alter the essential character of the locality, or be in conflict with the Comprehensive Plan for development of the Village.

9. - That, for reasons fully set forth in the recommendations of the Zoning Board, and the report of the Village Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of the Zoning Ordinance would deprive the applicant of any reasonable use of his land. Mere loss in value shall not justify a variation; there must be a deprivation of beneficial use of land.

In addition, the Village Board, upon the recommendation of the Zoning Board, may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such variation upon other property in the neighborhood, and to better carry out the general intent of this Ordinance.

 

13.9.4 - AUTHORIZED VARIATIONS

Variations from regulations imposed by this Ordinance shall be granted by the Village Board of Trustees, upon the reception of recommendations from the Zoning Board of Appeals, only when in conformance with this Section and may be granted only in the following instances and in no others:

1. - To permit any front, side, or rear yard to be less than the yard required by the applicable regulations.

2. - To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area or width of the lot, but in no event shall the area of the lot be less than seventy (70) percent of the required lot area or the width of the lot be less than seventy-five (75) percent of the required lot width; and provided that the Village Board in considering any request for permission to build upon an undersize of under-width tract including an undersize or under-width platted lot or combination of undersize or under-width platted lots shall, whenever such combination is possible, require that two (2) or more undersize or under-width lots be combined or redivided into building sites of at least or substantially the size and width required by this Ordinance.

- The Village Board, acting upon the recommendations of the Zoning Board, shall have the power to permit the use of building sites smaller or narrower than required where such combination and redivision cannot be done without substantial hardship to the owner or owners of the lots in question. Where a number of undersize under-width lots are owned as a tract, the Village Board, acting upon the recommendations of the Zoning Board, is directed to limit its variations to permit as little divergence as possible from the tract size and width required by this Ordinance. In its consideration, both of the possible combination of undersize and under-width lots into proper building sites and the division of large lots into building sites not of the sizes and widths herein required, the Village Board shall consider both the hardship of the property owner and the type of building sites already used in the immediate neighborhood as should the Zoning Board in making its recommendation.

3. - To permit the same off-street parking facility to quality as required facilities for two (2) or more uses, provided the substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.

4. - To reduce the applicable off-street parking or loading facilities required by not more than one (1) parking space or loading space or twenty (20) percent of the applicable regulations, whichever number is greater.

5. - To increase by not more than twenty (20) percent the gross area of any sign.

6. - To increase the maximum gross floor area of any use so limited by the applicable regulations.

7. - To grant variations for zoning approval in the Flood Plain as specified in Article 8, Section 8.9.6.

 

13.9.5 - TERMS OF APPROVAL

Upon the reception of the recommendations of the Zoning Board of Appeals, a majority vote of the Village Board of Trustees shall be necessary to grant a variation. No order of the Village Board, nor recommendation of the Zoning Board, shall be valid for a period longer than twelve (12) months from the date of such an order unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. Action taken on a variation by the Village Board shall be deemed as final administrative determination, subject to change only upon proper judicial review and order.

 

13.9.6 - EFFECT OF DENIAL OF A VARIATION

No application for a variation which has been denied wholly or in part by the Village Board of Trustees shall be resubmitted for a period of one (1) year from the date of said order of denial, except on grounds of new evidence or proof of changed conditions found to be valid by said Village Board.

 

13.10 - ZONING AMENDMENTS

13.10.1 - AUTHORITY

The regulations imposed and the district created under this Zoning Ordinance may be amended from time to time by the Village of Gurnee Board of Trustees. No such amendment shall be made without consideration of existing conditions, the conservation of property values, the directions of building to the best advantage of the entire Village, and the uses to which property is devoted at the time of the adoption of any such amendatory Ordinances.

 

13.10.2 - INITIATION OF AMENDMENT

Amendments may be proposed by a Trustee of the Village Board, a member of the Plan Commission, a member of the Zoning Board of Appeals, or by any person owning or having an interest in specific properties within the Village of Gurnee. Two types of amendments are possible: text amendments to this Ordinance and amendments affecting specific properties, which generally do not affect other property's zoning (map amendments).

 

13.10.3 - APPLICATION FOR AMENDMENT

An application for an amendment shall be filed with the Office of the Zoning Administrator in such form and accompanied by such information as this Ordinance and the Zoning Administrator may specify. A fee schedule for processing of zoning amendments shall be established, by rule, by the Village Board.

 

13.10.4 - TEXT AMENDMENTS

Amendments to the text of the Gurnee Zoning Ordinance may be initiated by any party with such authority, as specified in Section 13.10.2. When a text amendment is proposed, both the Plan Commission and the Zoning Board of Appeals shall conduct a public hearing. These hearings may be held simultaneously. Both the Plan Commission and the Zoning Board of Appeals shall give notice of the time and place of such hearing not more than thirty (30) nor less than fifteen (15) days before the public hearing by publishing a notice thereof at least once in a newspaper of general circulation within the Village of Gurnee. Said notice shall include a summary of which text changes are proposed.

Both the Plan Commission and the Zoning Board of Appeals, within sixty (60) days after the close of the hearing on the proposed text amendment, shall made written findings of fact, and submit same together with a recommendation, to the Village Board.

In its findings of fact, the Plan Commission shall consider:

1. - The effect the text amendment would have on comprehensive planning in the community and the extent to which the proposed amendment would be consistent with Gurnee's planning objectives.

2. - The extent to which the text amendment will ameliorate a condition in the zoning ordinance which is not conducive to proper community planning; e.g. the need for the amendment.

3. - The degree to which all property owners in the community, zoned in similar classifications, would be benefited or affected by the zoning text amendment; and, the extent to which the proposed amendment would or would not benefit or affect one (1) or a selected and small group of property owners only.

4. - The extend to which any formal, written protest pertaining to the proposed amendment, in accordance with Article 13, Section 13.16 herein, can be substantiated on a factual basis.

In its findings of fact, the Zoning Board of Appeals shall consider.

1. - The consistency of the proposed text amendment with other provisions in this Ordinance.

2. - The extent to which the text amendment will ameliorate a condition in this Ordinance which is, from a legal or administrative standpoint, deficient.

3. - The need for the zoning text amendment.

4. - Whether or not the proposed text amendment, if adopted, will require other provisions of this Ordinance to be changed or modified and, if so, the way in which the Ordinance will have to be further modified and amended.

5. - The extent to which any formal written protest pertaining to the proposed amendment, in accordance with Article 13, Section 13.16 herein, can be substantiated on a factual basis.

- Upon receipt of findings of fact and recommendations from the Plan Commission and Zoning Board of Appeals, the Village Board shall act upon the proposed text amendment within sixty (60) days. The decision reached by the Village Board shall take into account the submitted findings of fact and recommendations. If a text amendment is adopted by the Village Board, said amendment shall be included in an ordinance passed by said Village Board.

 

13.10.5 - MAP AMENDMENTS

Amendments affecting specific properties which, generally, do not affect other property's zoning (map amendment) may be initiated by any party with such authority, as specified in Section 13.10.2. When a map amendment is proposed, the Plan Commission shall conduct a public hearing. Notice of the time and place of said hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing a notice thereof at least once in a newspaper of general circulation within the Village of Gurnee. Said notice shall include such description of the property affected by the proposed amendment as the Zoning Administrator may deem appropriate.

The Plan Commission, within sixty (60) days after the close of the hearing on the proposed text amendment, shall make written findings of fact, and shall submit these findings together with a recommended course of action to the Village Board.

In its findings of fact, the Plan Commission shall consider:

1. - Whether the uses permitted by the proposed amendment would be appropriate in the area concerned.

2. - Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional dwelling units likely to be constructed as a result of such change.

3. - Whether the proposed change is in accord with any existing or proposed plans for providing public water supply and sanitary sewers in the vicinity.

4. - Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Village and the probable effect of such change on the cost of providing public services.

5. - The amount of vacant land which is currently zoned for similar development in the Village or in contiguous areas, and particularly in the vicinity of the area included in the proposed amendment, and any special circumstances which may make part of such vacant land unavailable for development.

6. - The recent rate at which land is being developed in the proposed district of the Village, and particularly in the vicinity of the area included in the proposed amendment.

7. - The effect of the proposed amendment upon the growth of existing neighborhoods as envisaged by the Gurnee Comprehensive Plan.

8. - Whether other areas designated for similar development area likely to be so developed if the proposed amendment is adopted, and whether the designation for such future development should be withdrawn from such areas by further amendment of this Ordinance.

9. - If the proposed amendment involves a change from a residential to a non-residential designation, whether more non-residential land is needed in the proposed location to provide commercial services or employment for the residents of the Village.

10. - Existing uses and zoning within the general area of the property in question.

11. - The extent to which property values are diminished by particular zoning restrictions.

12. - The extent to which the restriction of property values of the petitioner promotes the health, safety, morals, or general welfare of the public.

13. - Whether the proposed amendment is the minimum adjustment necessary to allow the reasonable use of the property.

14. - The extent to which any formal written protest pertaining to the proposed amendment, in accordance with Article 13, Section 13.16 herein, can be substantiated on a factual basis.

Upon receipt of the findings of fact and recommendation from the Plan Commission, the Village Board shall act upon the proposed map amendment within sixty (60) days. The decision reached by the Village Board shall take into account the submitted findings of fact and recommendations. If a map amendment is adopted by the Village Board, said amendment shall be included in an ordinance passed by said Village Board.

The Plan Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant.

 

13.10.6 - EXTENSIONS

If an application for a proposed amendment is not acted upon finally by the Village Board within sixty (60) days of the time of receipt of the Plan Commission's (and Zoning Board's, in cases of text amendments) recommendations, it shall be deemed to have been denied unless an additional and specific period of consideration time is granted by the Village Board.

 

13.10.7 - EFFECT OF DENIAL OF AMENDMENT

No application for an amendment which has been denied wholly or in part by the Village Board shall be resubmitted for a period of one (1) year from the date of said order of denial, except on grounds of new evidence or proof of changed conditions found to be valid by the Village Board.

 

13.10.8 - REPEAL

In any case where a change of boundary lines of the zoning district map has taken place and where no development has occurred within one (1) year, the Plan Commission may hold a public hearing, after due notice of public hearing has been given, and recommend to the Village Board of Trustees that such zoning be affirmed or repealed and rezoned to its most appropriate district classification. Thereupon, based on such recommendation by said Plan Commission, the Village may either affirm or repeal and rezone to its most appropriate district classification said zoning amendment.

For this purpose, a zoning amendment shall be deemed to have been established on the date of its approval by a majority of the Village Board of Trustees.

 

13.11 - SPECIAL USES

13.11.1 - PURPOSE

This Ordinance is based upon the division of the Village into districts, within which districts the use of land, and the uses and bulk of buildings and structures, are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:

1. - Uses publicly operated or traditionally affected with a public interest, and

2. - Uses entirely private in character but of an unusual nature where their operation may give rise to unique problems or benefits with respect to their impact upon problems or benefits with respect to their impact upon neighboring property, public facilities, or the Village as a whole.

 

13.11.2 - INITIATION OF SPECIAL USE

Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in the Ordinance in the zoning district in which the land is situated.

 

13.11.3 - APPLICATION

An application for a special use or expansion of a special use shall be filed with the Office of the Zoning Administrator on a form prescribed by said Office. The application shall be accompanied by such plans and/or data prescribed by the Office of the Zoning Administrator and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in Article 13, Section 13.11.6.

 

13.11.4 - HEARING

Upon receipt in proper form of the application and statement referred to in Article 13, Section 13.11.3, the Plan Commission shall hold a public hearing. At least fifteen (15) days in advance of each hearing, and not more than thirty (30) days in advance of each hearing, notice of the time and place of such hearing shall be published in a newspaper of general circulation in Gurnee.

 

13.11.5 - AUTHORIZATION

For each application for a special use, the Plan Commission shall report to the Village Board its findings and recommendations, including the stipulations of additional conditions, and guarantees that such conditions will be complied with when they are necessary for the protection of the public interest within sixty (60) days of the public hearing. Upon receipt of the findings of fact and recommendations of the Plan Commission, the Village Board shall act upon the proposed application for special use within sixty (60) days. The decision reached by the Village Board shall take into account the submitted findings of fact and recommendations. If a special use is granted by the Village, said special use shall be included in an Ordinance passed by said Village Board. If the special use is granted in said ordinance, the Zoning Administrator shall issue a special use permit to the applicant subject to all applicable rules, regulations and conditions.

 

13.11.6 - STANDARDS

No special use, including Planned Unit Developments or Cluster Residential Developments, shall be recommended by the Plan Commission unless said Commission shall find:

1. - That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, or general welfare.

2. - That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

3. - That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

4. - That adequate utilities, access roads, drainage, and/or other necessary facilities have been or are being provided.

5. - That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

6. - That the special use shall in all other respects conform to the applicable regulations of this Ordinance and other applicable Village regulations, except as such regulations may in each instance be modified by the Village Board, pursuant to the recommendation of the Plan Commission.

7. - The extent to which any formal written protest pertaining to the proposed special use, in accordance with Article 13, Section 13.16 herein, can be substantiated on a factual basis.

 

13.11.7 - CONDITIONS AND GUARANTEES

Prior to the granting of any special uses, the Plan Commission may recommend and the Village Board may impose, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Section 13.11.6 of this Article. In all cases for which special uses are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection with the granting of the special use are being, and will be, complied with.

1. *MAJOR AND MINOR CHANGES

a. Major Changes
 

Any change which departs from the use or site and structure provisions of the district applicable to the special use other than departures that may have been part of the conditions and guarantees provided for in Section 13.11.7 of the initial Special Use Ordinance or Agreement shall constitute a major change.

Any change which alters the concept of the special use, including departures which exceed the conditions and guarantees provided in Section 13.11.7 of the initial Special Use Ordinance or Agreement, shall constitute a major change. If major changes are proposed, a new public hearing shall be required before the Plan Commission with an application for a major change to the special use and in compliance with all provisions of Section 13.11, entitled “Special Uses.”

b. Minor Changes

Request for action on changes which do not alter the concept of the special use in regard to the conditions and restrictions upon the establishment, location, construction, maintenance, or operation of the special use as may have been imposed by the Village Board (as provided in Section 13.11.7) may be submitted as minor changes to the Village Board upon application for a minor change through the office of the Zoning Administrator which shall be forwarded to the Village Board for action.

Minor changes shall not depart from the use or site and structure provisions of the district applicable to the special use except as may have been provided for the initial Special Use Ordinance or Agreement. The Village Board may approve or deny the request as a minor change. If the Village Board determines the request is not a minor change, the applicant may apply for a major change request as outlined above.

 

*(*Amended December 6, 1999, Ord. No. 99-134)

 

13.11.8 - EFFECT OF DENIAL OF A SPECIAL USE

No application for a special use which has been denied wholly or in part by the Village Board shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Village Board.

 

*13.11.9 - REVOCATION

In any case where a special use has been granted, and where no special use development has taken place within one (1) year of granting thereof, then without further action by either the Plan Commission or Village Board, said special use shall become null and void.

For the purpose, a special use shall be deemed to have been established on the date of issuance of a building permit for the special use, if no construction is involved, then the date of issuance of an occupancy permit. If a special use is revoked by operation of this provision, Section 13.11.9, and if such special use was granted in conjunction with an amendment of a zoning district created pursuant to this ordinance, said amendment of a zoning district shall be revoked concurrently with revocation of the special use and the zoning of the subject property shall thereupon be rezoned to its most appropriate district classification, as deemed suitable by the Village Board.
(*Amended March 24, 1986, Ord. No. 86-16)

 

13.12 - FEES

Any application for an amendment, special use, variation, appeal, or interpretation shall be accompanied by a fee. The fee shall be established by the Village Board. No such fee, however, shall be charged in the case of applications filed, in accord with this Ordnance, by members of the Zoning Board of Appeals, Plan Commission, or Village Board, or by the Zoning Administrator. All fees shall be collected by the Zoning Administrator who shall account for them to the Village Board.

 

13.13 - PENALTIES

Any person, firm, or corporation, or agents, employees, or contractors of such, who violate, disobey, omit, neglect, or refuse to comply with, or who resist enforcement of, any provision of this Ordinance shall be subject to a fine of not more than seven hundred and fifty dollars ($750)* or imprisonment for not more than six (6) months, or both, for each offense; and each day a violation continues to exist shall constitute a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and subject to the above penalties.

In addition, the Village may also take other lawful action as it deems necessary to present or remedy any violation of any provision of this Ordinance.
(*Amended September 22, 2003, Ord. No. 2003-69)
 

 

13.14 - INJUNCTIVE RELIEF

If the Office of the Zoning Administrator shall determine, upon due investigation, that any parcel of land, building, or structure fails to conform to the requirements as set forth in the provisions of this Ordinance, and the owner or owners of such building, structure, or property shall fail, after due notice, to cause such property to conform with the provisions of this Ordinance, the Office of the Zoning Administrator may, in addition to any other remedies, penalties, or means of enforcement, request the Village Attorney to make application on behalf of the Village to any court of competent jurisdiction for an injunction requiring compliance with said provision of this Ordinance or for such order as the court may deem necessary or appropriate to secure such compliance. The Village Attorney may then institute such proceedings on behalf of the Village of Gurnee as provided by law.

 

13.15 - DISCLOSURE OF BENEFICIARIES OF A TRUST

The liabilities hereunder imposed on an owner shall attach to a trustee under a land trust, holding title to such building, structure, or premises without the right of possession, management, or control, unless said trustee in a proceeding under said provisions of this Ordinance discloses in a verified pleading or in an affidavit filed with the court, the name and last known address of each person who was a beneficiary of the trust at the time of the alleged violation and of each person, if any, who was then acting as agent for the purpose of managing, controlling, or collecting rents, as the same may appear on the records of the trust.

 

13.16 - * PROTESTS (*Amended July 2, 2007, Ord. #2007-65)

In the case of a valid written protest against any map amendment, special use, or Planned Unit Development having been filed with the Village Clerk, then the requested action shall only be approved by the favorable vote of two-thirds of the Village trustees then holding office. A valid protest shall meet the following criteria:

(a) A valid protest shall be filed with the Village Clerk by 5:00 p.m. three (3) business days before final action by the Village Board is scheduled to occur.

(b) A written protest shall be signed by the owners of 20% or more of either:

(1) The lots proposed to be altered, or

(2) The lots, any parts of which are immediately adjoining or directly opposite (across a public street or right-of-way) from the subject property.

If any lot or property, which meets the requirements of this subsection, has multiple owners, such lot shall be counted as protesting if at least fifty percent (50%) of all owners of such lot signed the protest document.

(c) The owner of property shall be considered to be any of the following: The record owner of the fee title; the contract seller and the current contract buyer of such property; or those with beneficial interest in a land trust.

(d) The written protest shall identify the proposed zoning action, shall contain a statement of protest against the proposal, and shall attest that the signatories are the legal owners of property identified therein.

(e) The written protest shall bear the signatures and common street addresses of those signing the document, and identify the property which each signatory owns. Each signature shall be properly notarized.

(f) A copy of the written protest shall be served upon the applicant for the proposed map amendment, special use or Planned Unit Development and applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment, special use or Planned Unit Development.