A.   Purpose: This section establishes the planning authority of the Village and sets forth its duties and responsibilities with respect to this title.

   B.   Commission Established; Appointment And Term; Vacancy: The commission is hereby created and established, with five (5) members and one (1) alternate member, each with one (1) vote. The alternate member may attend, participate and fill in for a regular member, who is unable to attend a scheduled meeting of the commission. Commissioners are appointed by the Mayor with the advice and consent of the Council. In appointing members to the commission, the Mayor shall give due consideration to maintaining a balance of interests on the commission and to the individual qualification and skill of each member. Commissioners must reside within the Village limits. The term of each member shall be two (2) years which are staggered and renewable by Mayor's appointment with advice and consent of Council. A vacancy on the commission shall be filled for the remainder of the unexpired term by appointment by the Mayor with the advice and consent of the Council. (Ord. 2017-04, 6-13-2017)

A Commissioner may be removed by the Mayor on the recommendation of the commission if:

      1.   A Commissioner misses three (3) consecutive meetings; or

      2.   A Commissioner misses five (5) meetings through the course of a calendar year. (Ord. 2004-03, 4-20-2004)

   C.   Organization:

      1.   Officers And Rules: A Chairman and Vice Chairman shall be elected annually from the commission members at the first meeting in August. At that meeting, the commission may adopt rules and procedures for its organization and transaction of business. (Ord. 2002-02, 1-17-2002)

      2.   Meetings: The commission shall set a date and time for its regular monthly meetings. The commission shall maintain minutes of its proceedings. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)

      3.   Quorum: A quorum is a majority of commission members. A quorum must be present at any commission meeting. In order for the commission to conduct business, only members physically present at the meeting place shall be included in the quorum count. No vote may be by proxy or by any other remote means.

      4.   Voting; Findings Of Fact:

         a.   Voting: A vote of a majority of the commission members present is necessary to decide any matter under consideration. Each decision shall be recorded in the minutes of each commission meeting.

         b.   Findings Of Fact:

            (1)   Development Proposal: The commission or the Council shall not approve a development proposal unless the following have been found:

               (A) All required submittals have been made by the applicant; and

               (B) That the required notice has been complied with by the applicant; and

               (C) That the proposal conforms to the cumulative requirements of this title and other applicable Village, State and Federal regulations; and

               (D) That the proposed development provides for utilities, roads, liquid waste and solid waste disposal, water supply and all other improvements required by this title and necessary for the function of the development within its location in the Village, in accordance with the standards set forth in this title.

            (2)   Rezone: For any rezoning application, the commission and Council shall also consider:

               (A) The need and justification for the zone change; and

               (B) The effect or impact of the change or development on surrounding properties and the environment of the site, including the nature and intensity of the proposed land use(s).

   D.   Duties And Powers:

      1.   Reports And Recommendations: The commission shall make periodic reports and recommendations to the Council.

      2.   Master Plan:

         a.   The commission, with the assistance of staff, shall design and, after public hearings, recommend to the Council a master plan for the physical development of the Village ("plan"). The plan may include the extraterritorial planning and platting area outside the Village boundaries that require coordination with the planning of the Village.

         b.   The commission may also recommend amendments to the plan at any time, but shall present amendments to the Council at least every five (5) years.

      3.   Zoning Code: The commission shall recommend a zoning code to the Council for adoption. Such zoning code shall be in accord with the plan. Such plan may establish zones within the Village considering the character of each zone and the most appropriate use of land within the Village.

      4.   Subdivision Regulations: The commission shall recommend subdivision regulations to the Council for adoption. Such subdivision regulations shall be in accordance with the master plan.

      5.   Conditional Use Permits: The commission shall review and recommend action to the Council on each conditional use permit application. The granting of a conditional use permit shall not exempt the applicant from compliance with other relevant provisions of applicable ordinances.

      6.   Variances: A request for variance shall be filed with the Planning and Zoning Office. The commission shall review and recommend action to the Council on each variance request.

      7.   Special Development Permits: An application for a special development permit may be subject to Council approval, considering the commission's recommendations. (Ord. 2002-02, 1-17-2002)

      8.   Decisions: The commission may enter any decision within its authority and shall make recommendations to the Council, which decisions and recommendations shall be consistent with the spirit and intent of this title. Positive recommendations of approval by the commission shall be forwarded to the Council for approval. Negative recommendations of the commission shall not be forwarded to the Council unless appealed by the applicant in accordance to subsection 9-3-8B of this chapter. The Director shall notify the applicant of any recommendation within ten (10) days of the commission's decision. (Ord. 2004-03, 4-20-2004)

      9.   Decision Time Limit: Commission recommendations to Council shall be valid for a period of eighty (80) days from the date of official recommendation. If, after the commission sends a positive recommendation to Council and an applicant subsequently requests that a case be tabled or withheld from a timely Council agenda for consideration, then the commission recommendation shall become invalid after eighty one (81) days. (Ord. 2006-09, 8-17-2006)

This section establishes the responsibilities of the zoning official and the Planning and Zoning Coordinator with respect to the administration of this title and describes the role of the building official in the administration and application of this title.

   A.   Planning And Zoning Coordinator: The Planning and Zoning Coordinator (Coordinator) is an employee of the Village charged by the Village to ensure that the processes, procedures and directives of this title are followed as well as the directives and decisions made by the commission and the Council. The Coordinator may make recommendations with respect to any decision coming before the commission and the Council.

   B.   Zoning Official: The zoning official (including any designee and/or Code Enforcement Officer) is an employee of the Village charged by the Village to ensure that the directives of this title are followed as well as the directives and decisions made by the commission and the Council. The zoning official or designee shall be responsible for:

      1.   Enforcing this title;

      2.   Inspecting sites to ensure compliance with all items on the application and plans; and

      3.   Issuing a "desist order" (red tag) if a property or construction for which this title is applicable is not in compliance.

   C.   Deputies And Assistants:

      1.   The Coordinator and zoning official may appoint technical officers and other employees as may be needed from time to time in accordance with the personnel ordinance 1

      2.   The Coordinator and zoning official may request, through the Village Administrator, the assistance and cooperation of other officials of the Village in the administration and enforcement of this title.

   D.   Nonliability Of Enforcement Officials: The zoning official and Coordinator are each charged with the enforcement of this title, and when acting in good faith, without malice and within the scope of and in the discharge of the duties described in this title, shall not be personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of such duties. Any suit brought because of or based upon this title or the actions or omissions performed by an employee of the Village shall be defended by the Village until resolution. (Ord. 2018-03, 9-11-2018)

   A.   Compliance With State And Federal Regulations: All projects must meet applicable State and Federal rules and procedures.

   B.   Review:

      1.   Building Permits:

         a.   All applications for building permits shall be submitted to the Planning and Zoning Office of the Village for review by the Coordinator, prior to submission to the State of New Mexico and shall be approved according to procedures established by this title. Each application shall include one set of building plans and all data necessary to demonstrate that the requirements of all applicable codes are met. Include a detailed scope of work for any new additions/remodels/alterations, made to any existing structure.

         b.   Slopes twelve percent (12%) or greater shall require a building pad profile and attached building elements such as decks to be submitted to the Village as part of the required building plans. Property lines and setback lines are to be shown on the profile, along with drainage swales when required. On sites connecting to Village utilities, existing water lines and sewer lines with invert elevations shall be shown on the profile.

         c.   All commercial/multi-family construction projects larger than ten thousand (10,000) square feet will need site plan approval by the Council. Commercial projects of any size will be required to also follow all applicable State regulations and rules of procedures.

         d.   The building official for Construction Industries Division is responsible for issuing building permits.

      2.   Zoning Certificates: The Coordinator will review all projects requiring zoning certificates and be responsible for issuing the certificates.

      3.   Special Development Permits: Projects to be included in any special development area shall be reviewed by the Council. The Coordinator may issue the permit.

      4.   Conditional Use Permits: All applications for conditional use permits shall be filed with the Planning and Zoning Office. The zoning official and Coordinator shall review conditional use permit applications for completeness and prepare recommendations for consideration by the commission and Council.

      5.   Sign And Banner Permits: All sign and banner permit applications shall be submitted to the Planning and Zoning Office for review by the zoning official and shall be approved in accordance with this title.

      6.   Use Determinations: Any person may apply to the commission for a determination as to whether a proposed specific use is expressly or conditionally permitted. Within a zoning district such determination shall be based on an analysis of the intention of the zoning district and the compatibility and consistency of the proposed specific use with permitted and conditional uses in such district. All permitted and conditional uses within each zoning district are subject to additional regulations as contained in this title and any other ordinances and regulations adopted by the Village or any other governmental entity with jurisdiction. The application for determination shall be subject to the Council's approval and considered with the commission's recommendation.

      7.   Variances: Requests for variances shall be made to the Planning and Zoning Office and decided by the Council with the commission's recommendation.

      8.   Amendments: Requests for amendments to this title or the zoning map shall be submitted to the Planning and Zoning Office for review and are then subject to Council approval, considering the commission's recommendation.

      9.   Engineering Review:

         a.   The Village may engage a professional engineer if the Coordinator decides that an engineering review is necessary to verify whether an application meets all Village development and construction. The applicant shall pay for the costs of such engineering review. The engineer retained by the Village shall not be associated with the applicant.

         b.   The Village shall notify the applicant of the Coordinator's decision requiring an engineering review and provide the applicant with the estimated cost of such review.

         c.   The applicant shall submit in writing verification of his financial responsibility sufficient to pay the estimated engineering review cost before the application review shall continue.

      10.   Mobile Offices: Mobile offices shall be allowed at commercial construction sites, provided there is an active building permit at the site. A mobile office shall be removed from the site prior to issuance of a certificate of occupancy for the same building permit.

   C.   Approvals:

      1.   Generally: All zoning certificates, sign permits, other building and use permits, variances and other approvals and permits related to zoning and building and issued by or on behalf of the Village shall conform to this title, as applicable. More than one building permit or approval may be required for a project and all must be applied for and approved.

      2.   Expiration Or Cancellation:

         a.   Expiration: Each permit or approval issued pursuant to this title shall expire one hundred eighty (180) days after issuance if no work is undertaken or the use is not established, unless an extension is granted by the Coordinator for up to a maximum of one hundred eighty (180) days.

         b.   Cancellation: Failure to comply fully with the terms of any permit or approval may be grounds for cancellation or revocation. Action to cancel any permit or approval may be taken on proper grounds by the Coordinator or the zoning official under authority of the Village. Cancellation of a permit may be appealed in the same manner as its approval.

      3.   Validity Of Permits And Approvals: The issuance of any permit or approval under authority of the Village ordinances shall require that the development or use in question proceed only in accordance with the terms of such permit or approval, including conditions of issuance. (Ord. 2018-03, 9-11-2018)

   A.   Application Fees:

      1.   The Village shall charge a fee for all permit applications sufficient to cover related Village expenses. The Village is authorized to charge additional fees that are necessary to offset expenses occasioned by applications not combined with zoning certificate applications or that require special or extra publications.

      2.   Fees for special commission or Council meetings, or necessary consulting fees shall be set by Council resolution.

   B.   Zoning Certificates:

      1.   Requirements For Zoning And Occupancy Certificates:

         a.   Any change in use (classification) shall require a new certificate of occupancy and a zoning certificate. (Example: changing from a multi-family use to a business use.)

         b.   Temporary buildings or tents shall require a zoning certificate before installation.

         c.   Any change of a building's use requires the issuance of a business registration after a zoning certificate is granted.

         d.   Zoning certificates shall be issued only if the proposed change of the building or use of the building or land is in full conformance with this title.

         e.   The provision for parking shall meet the requirements of this title for the new use.

         f.   The zoning official shall monitor and inspect the work being performed.

         g.   After the issuance of a zoning certificate and/or building permit, any substantial deviation from the plans, application or representations requires a new zoning certificate or building permit, which shall be applied for and considered in the same manner as the original application.

         h.   Any application or other request made pursuant to this title shall be made by the owner of the property or by the authorized legal representative.

         i.   Any permits, approvals, conditions, or other decisions made pursuant to this title shall benefit and/or bind such applicant, the owner and the owner's heirs or assigns.

      2.   Application Procedure:

         a.   All applications for permits shall be made on forms provided by the Village for that purpose and shall be accompanied by all required documents and fees including, but not limited to, the following:

            (1)   Name, address and phone number of owner and/or applicant.

            (2)   The legal description of the property and proof of ownership.

            (3)   A site plan of the lot or parcel, drawn to a one inch to twenty foot (1" = 20') scale, showing the dimensions of the lot, easements, rights-of-way, location of existing building(s), location of proposed building, propane tank, fence, landscaping, exterior lighting plan, septic system, and dumpster location, if required in that zone.

            (4)   A site plan showing the topographic contours of not more than five foot (5') intervals covering the entire lot.

            (5)   Plans showing the height and elevation of the existing and proposed structures and the exterior walls and roof thereof, drawn to one-fourth inch to one foot (1/4" = 1') scale. (1/8 inch to 1 foot scale may be used for large projects.)

            (6)   A floor plan at a scale drawn to one-fourth inch to one foot (1/4" = 1') scale. (1/8 inch to 1 foot scale may be used for large projects.)

            (7)   A statement concerning the use to be made of such building or structure.

            (8)   A statement, if needed, setting forth the necessary variances, conditional uses, or conditional waivers, or other specific reviews being requested.

            (9)   The signature of the owner of the property or of some other person with written legal authority of the owner.

            (10)   Any other information specifically requested by the Coordinator or the Council in order to review the application for compliance with this title or any other Village ordinance or code.

         b.   Applications, when complete, shall be reviewed for compliance with this title, and if the application and associated filings are in such conformance, they shall be approved by the Coordinator. Upon approval, a zoning certificate shall be issued.

   C.   Building Permits:

      1.   Administration 1

         a.   The Building Codes 2

         b.   The building official of the State of New Mexico is authorized and directed to enforce the provisions of the Building Code. For such purposes, the building official has the powers of a law enforcement officer and is to be appropriately sworn in to serve as such.

         c.   The building official shall have the power to render interpretations of the Building Code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretation, rules and regulations shall be in conformance with the intent and purpose of the Building Code. The State building official shall have the authority to issue building permits.

      2.   Application Procedure; Building Permit Requirements:

         a.   To obtain a building permit, the applicant shall first file an application with the Planning and Zoning Department to assure they are meeting the zoning requirements of this Code. Along with the zoning application the original State application, on a form furnished by the Building Code Enforcement Agency for that purpose, must be included for proper signatures by the Code Enforcement Officer or Coordinator. Every application shall:

            (1)   Identify and describe the work to be covered by the permit for which application is made;

            (2)   Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work;

            (3)   Indicate the use or occupancy for which the proposed work is intended;

            (4)   Be accompanied by plans, diagrams, computations and specifications and other data as may be required by the building official;

            (5)   State the valuation based on the replacement cost of any new building or structure or any addition, remodeling or alteration to an existing building; and

            (6)   Be signed by the applicant, or the applicant's agent.

         b.   Documents, including one set of plans, shall be submitted along with the necessary specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data as requested by the building official.

         c.   Any property owner or his agent may apply for a building permit.

         d.   All complete applications shall be reviewed and are subject to approval by the zoning official.

         e.   Every building permit issued by the building official pursuant to the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Within one year of work stoppage, work may begin again after the permittee has paid a full permit fee.

         f.   An unexpired permit may be extended, suspended or revoked by the building official as provided in the Building Code.

         g.   All plans and work must meet the requirements of the Building Code.

         h.   The building official will inspect all permitted work as allowed and required by the Building Code.

         i.   All water and sewer hookup fees and any overdue fees owed to the Village by owner or contractor must be paid before a permit is issued.

         j.   A survey of the lot showing actual location of the finished exterior wall will be required by the Planning and Zoning Department before the framing inspection is requested to verify that the structure is located in accordance with the approved plans. (The finished interior wall may be extrapolated from the stem wall or the sill plate.)

         k.   All building setbacks shall be measured horizontally from the property lines to the vertical plane of the finished exterior wall.

         l.   A preliminary site inspection shall be performed by the zoning official before issuance of a building permit for new construction including additions.

         m.   For all new building permits, the subject lot will be thinned in accordance with the community assessments of the community wildfire protection plan and section 9-7-13 of this title. The Village Forester will identify a specific prescription for each new building permit. The lot must be thinned as part of the construction site preparation and prior to the final inspection.

The Village Forester shall also determine if adjacent lots to the subject lot need to be thinned to protect the new structure being erected. If such a determination is made, compliance will be done through section 9-6-1 of this title. The Village Forester will prepare specific thinning prescriptions in accordance with the community assessments of the community wildfire protection plan.

If the building permit is for something other than new construction, for example, additions or detached garages, the Village Forester will make the determination as to which portion of the lot will be thinned in accordance with the community assessments of the community wildfire protection plan. The Village Forester will identify a specific prescription for each new building permit. The lot must be thinned as part of the construction of the permitted work.

The Village Forester shall also determine if adjacent lots to the subject lot need to be thinned to protect the new structure being erected. If such a determination is made, compliance will be done through section 9-6-1 of this title. The Village Forester will prepare specific thinning prescriptions in accordance with the community assessments of the community wildfire protection plan and section 9-7-13 of this title.

      3.   Inspections And Certificate Of Occupancy:

         a.   In addition to the foundation survey required in subsection C2j of this section, all other required inspections are outlined in the Building Codes of the State.

         b.   A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete, when corrections called for are not made and for other reasons as described in the Building Codes.

         c.   No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided in the Building Codes.

         d.   Changes in the character or use of a building shall not be made except as specified in the Building Code for existing buildings.

         e.   A certificate of occupancy shall be issued after all required inspections have been made. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this title or of other ordinances of the Village.

      4.   Violations:

         a.   Whenever any work is being done contrary to the provisions of the Building Code, or other pertinent laws or ordinances implemented through the enforcement of this title, the building official of the State of New Mexico or the Code Enforcement Officer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official of the State and the Code Enforcement Officer to proceed with the work.

         b.   Whenever any building or structure or equipment therein regulated by the Building Code is being used contrary to the provisions of this title, the zoning official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official and zoning official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this title.

         c.   Any person, firm or corporation violating any portion of this chapter is guilty of a misdemeanor and, upon receiving conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code for each offense. Each day during which such illegal construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. In addition, or as an alternative to such fine and/or imprisonment, the Village may seek other remedies provided in law or equity including, but not limited to, damages, injunctions, mandamus, or abatement. (Ord. 2018-03, 9-11-2018)

   D.   Construction Time:

      1.   Unless additional time is granted for good cause, all interior and exterior construction must be totally completed within one year of the building permit date with a single one year extension available.

      2.   If not completed within twenty four (24) months, the building permit and approval shall be null and void. In order to complete construction, a new building permit shall be applied for and obtained.

      3.   Any modification, alteration, or addition to any structure, for which a zoning certificate, building permit or other permit under this title is required, shall not be occupied or used prior to the issuance of a certificate of occupancy. (Ord. 2002-02, 1-17-2002)

   E.   Desist Order:

      1.   Should the zoning official discover any construction or use of property within the Village in violation of this title, other Village ordinances or any New Mexico Statute, the zoning official shall attach a "desist order" to the property in a conspicuous place. The zoning official shall attempt to deliver a copy of the "desist order" to the owner or builder of the property. Any "desist order" shall be signed by the zoning official and shall indicate the subject area in which the violation exists. (Ord. 2002-02, 1-17-2002; amd. Ord. 2018-03, 9-11-2018)

      2.   The removal of a "desist order" before the violation is corrected shall constitute a violation of this title. The continuation of construction or use in violation of a "desist order" shall also constitute a violation of this title.

   F.   Payment Of Overdue Fees: No zoning certificate or building permit shall be issued by the Village for any lot, parcel or structure until all fees or other assessments and taxes due to the Village by the owner or contractor, whether or not the fees are in connection with said lot, parcel, or structure, have been paid in full.

   G.   Performance Deposit:

      1.   The Village shall collect a performance deposit, imposed in accordance with the permit fee and deposit schedule resolutions adopted by Council, for any zoning certificate or building permit application. The performance deposit shall be used to ensure that the following items receive a final inspection by the building official and are completed within twenty four (24) months:

         a.   The site has been properly cleaned up and landscaped in accordance with the approved plans.

         b.   Compliance with the zoning certificate, encroachment permit and Environment Department permit, if applicable.

         c.   Project has been completed in accordance with approved plans and specifications.

         d.   A certificate of occupancy has been issued.

      2.   If the owner/builder fails or refuses to complete the foregoing items, the deposit may be retained. (Ord. 2002-02, 1-17-2002)

      3.   If the owner and/or builder fails to complete the project within the limits of the original building permit and fails to obtain a time extension, the deposit may be forfeited. Construction time shall not be extended beyond twenty four (24) months. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)

      4.   Should the site fail an inspection, a charge may be added to cover the cost of an additional inspection.

      5.   Failure of the owner, builder or authorized representative to be present at a final Village inspection may be sufficient grounds for failure of the final inspection.

      6.   The site cleanup includes adjacent lots where construction trash has blown or been placed.

      7.   Occupancy of a building without a certificate of occupancy is a violation of this title. (Ord. 2002-02, 1-17-2002)

   H.   Refunds: All requests for refunds shall be made within ninety (90) days of final issuance of a certificate of occupancy in writing by, for, or on behalf of the original payor or legal representative. A forfeiture of refund shall occur if request is not made within the ninety (90) day period.

      1.   Zoning Certificate And Building Permit Fees:

         a.   If the certificate or permit application is withdrawn before any plan review is done, eighty percent (80%) of the permit fee may be refunded. If the written refund request is made after the plans have been reviewed, fifty percent (50%) of the permit fee may be refunded. No refund shall be granted after two (2) years from the permit application date. (Ord. 2007-03, 4-18-2007)

         b.   A refund shall be issued only if the original payee files a written refund request. Written authorization by the original payee is required to transfer the refund to a legal representative, unless original payee has become deceased or incapacitated. (Ord. 2007-03, 4-18-2007; amd. Ord. 2013-07, 8-13-2013)

      2.   Performance Deposit:

         a.   The performance deposit shall be refunded after an inspection determines that compliance with the criteria in subsection G of this section has occurred.

         b.   If a building permit is suspended or revoked at any time during construction, or a change of contractor has occurred, the Village may retain up to eighty five percent (85%) of the performance deposit of the original payor or legal representative. A new deposit will then be required, unless the revoked or suspended permit is lifted before the two (2) year period has exhausted.

         c.   After the Planning and Zoning Office has received a written request for the refund, the estimated refund will be made to the payor of the original performance deposit unless such payor provides written authorization to another legal representative, unless original payee has become deceased or incapacitated, to receive the refund. There will be no performance deposit refund if the project is not completed prior to the expiration of the building permit up to a maximum of twenty four (24) months. (Ord. 2007-03, 4-18-2007)

   A.   Application For Variance: An application for a variance from the provisions of this title shall be filed with the Planning and Zoning Office. At the time of application, the applicant will submit the list of property owners and their mailing addresses within a two hundred foot (200') radius of the subject variance application, excluding rights-of-way. The Village will notify surrounding property owners pursuant to subsection 9-3-6E of this chapter.

   B.   Types Of Variances:

      1.   Granting Of Variance: The Council may grant a variance from the terms of this title with respect to:

         a.   Total size, area, bulk, or open space requirements;

         b.   Criteria for buildings;

         c.   Lot area;

         d.   Floor area;

         e.   Height;

         f.   Slope;

         g.   Setbacks; and

         h.   Parking and other building or lot characteristics not associated with the use or uses.

      2.   Changing Of Uses By Variance Prohibited: The Village Council shall not change the uses, permitted or conditional, as set forth in this title, by variance.

      3.   Not Eligible:

         a.   Self-inflicted hardships are not eligible for a variance. A "self-inflicted hardship" is the owner or occupant of said property creating their own hardship by violating the code in respect to building or occupying property in violation of this title without first going through the proper legal means of the variance procedure as outlined in this section.

      4.   Village Council shall consider variances to the spacing requirements for the sale of alcohol in conjunction with a restaurant use and a church or school.

         a.   Applicants must submit a site plan with the following items listed:

         (1)   Alcohol survey that identifies the spacing variance. If the uses are located on the same property, a measurement shall be shown between the front door of the restaurant and the front door of the protected use.

         (2)   Name, address and contact information for property owner of restaurant use.

         (3)   Name, address and contact information for restaurant operator.

         (4)   Name, address and contact information for church or school.

         b.   Required filing fee.

         c.   Approved applications shall be scheduled for Village Council consideration within thirty (30) days of submittal.

   C.   Criteria For Council Decision: In considering a variance application, the Council shall consider any recommendations of the commission and the Coordinator and determine whether:

      1.   An exceptional situation exists whereby the strict application of this title would result in practical difficulties or undue hardship to the owner of such property; or

      2.   Such variance will result in a public benefit to the citizens of the community; and

      3.   The variance is consistent with the objectives and purposes of this title and the applicable zoning districts of the Village.

   D.   Additional Conditions:

      1.   In granting a variance, the Council shall require the applicant to comply with any conditions deemed to be in the best interests of the Village.

      2.   The Council may require a performance bond or financial performance guarantees to ensure that conditions imposed on the variance or representations of the applicant are satisfied.

   E.   Administrative Variance:

      1.   The Coordinator shall have the discretion to grant a two and one-half percent (2.5%) variance to any dimensional requirement from the provisions of this title, provided the applicant can demonstrate that the request can meet the criteria outlined in subsections C and D of this section. In addition, the Coordinator may add conditions to the applicant's request. If the applicant is not willing to accept condition(s) imposed by the Coordinator, then the Coordinator shall forward the variance to the commission.

      2.   The applicant of an administrative variance shall submit a letter from the adjacent property owner(s) directly affected by the granting of an administrative variance stating that he/she has no objections to the granting of the administrative variance.

   F.   Public Recordation: The property owner or applicant shall record the variance with all conditions imposed with the County Clerk and provide a copy of the recorded variance to the Village. (Ord. 2018-03, 9-11-2018; amd. Ord. 2023-05, 6-27-2023)

   A.   Authority: A zoning district may be amended, supplemented, changed, modified, or repealed by the Council.

   B.   Initiation Of Amendment: Any person, group of persons, the commission, or the Council may file an application at the Planning and Zoning Office seeking to change a zoning district. When initiated by any person or persons, a nonrefundable filing fee set by Council resolution, together with such an additional amount as may be determined necessary by the Council to cover administrative costs, including the costs of publication, shall accompany such request.

   C.   Application For Amendment: Any application for an amendment, supplement, change, modification, or repeal of a zoning district shall contain the following:

      1.   A description of any land to be rezoned, together with a diagram drawn to scale showing the boundaries of the area requested to be rezoned.

      2.   A statement of the present zoning and the requested new zoning.

      3.   A statement of justification for such action, including facts concerning any change of conditions, an error in the original zoning, or the unusual or peculiar suitability of a lot to a certain use.

      4.   A description of the land uses of property within two hundred feet (200') (not including rights-of-way) in all directions of the boundary lines of the area proposed for change.

      5.   A statement of the effects of the new zoning change on adjacent areas or uses.

      6.   The names and addresses of all owners of property contiguous to and within two hundred feet (200') in all directions of the boundaries of the area proposed for change (not including rights- of-way) in digital form compatible with Word, Excel, or Access.

   D.   Review:

      1.   Upon filing of any application for a proposed amendment, supplement, change, modification, or repeal of a zoning district, the commission shall review the application at any regular meeting or special meeting.

      2.   At the commission's discretion, the approval process may continue. (Ord. 2002-02, 1-17-2002)

   E.   Notification Of Property Owners:

      1.   Notification by first class mail shall be made to the property owners, both of the area of the lots included in such application and those in the area immediately adjacent to the area included in the application, extending two hundred feet (200') in all directions, excluding rights-of-way. (Ord. 2006-03, 1-19-2006)

      2.   Included in the notification shall be the means of entering protest, a summary of the proposed amendment, supplement, change, modification or repeal, and the public hearing date, time and location.

   F.   Public Hearing:

      1.   The Village shall hold a public hearing on the proposed amendment, supplement, change, modification, or repeal of a zoning district. (Ord. 2002-02, 1-17-2002)

      2.   The hearing shall be held after the review by the commission. Notice of the time, place, purpose, and location of the public hearing shall be posted and published fourteen (14) days prior to the date set for the hearing in a newspaper of general circulation in the Village. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)

      3.   The Village shall cause notices of the proposed zoning change to be posted on the subject property, or representative parcels, if the proposed change will affect a zoning district at large. (Ord. 2002-02, 1-17-2002)

   G.   Protests: (Rep. by Ord. 2004-03, 4-20-2004)

   H.   Decision: The application for zoning district change shall go to the Council with the commission's recommendation. The majority vote of Council shall determine whether application will be granted. (Ord. 2002-02, 1-17-2002)

The building permit fee and deposit schedule resolutions, as adopted and hereafter amended by the Council, shall state the fees and deposits to be charged. The Village shall charge double the normal fees for work started and signs or banners displayed before a required permit is issued. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)

   A.   Public Hearings:

      1.   Compliance With Law: Public hearings shall be conducted according to law and this title.

      2.   Hearing Body; Date And Time: Any public hearing required by this title shall be held by and before the commission on a date and at a time and place established by the Coordinator.

      3.   Notice Of Hearing:

         a.   Notice of a public hearing shall be made by publication ten (10) days prior to the hearing. The notice shall be posted in locations used for public notices. Publishing shall be in a newspaper of general circulation in the Village.

         b.   Such notice shall state the nature of the action being considered, the location of the property involved, and the date, time and place of the public hearing.

      4.   Costs: The applicant is responsible for all costs associated with the public hearing, including notice of such hearing which shall be reflected in the application fee.

      5.   Appearances: The applicant, any resident, or property owner of land within the Village who desires to advocate or oppose an application may appear at a public hearing in person, by agent or attorney or respond in writing.

      6.   Recommendations: The commission shall make recommendation to the Council on any matter presented to it not later than thirty five (35) days after the hearing.

   B.   Appeals:

      1.   General Provisions: Any person aggrieved by any decision of the commission, zoning official, or Coordinator may appeal by written request to the Planning and Zoning Office. The appeal shall first be heard by the commission and then presented to the Council with the commission's recommendation for final decision. A record of the appeal shall be made and the applicant shall be notified in writing of any decision. An appeal of a negative recommendation by the commission shall be heard by the Council, without further commission hearing or recommendation.

      2.   Time Limit: An appeal shall be filed within thirty (30) days of written notification of the decision of the commission, zoning official, or Coordinator. At the time of appeal application, the applicant will submit the list of property owners within a two hundred foot (200') radius of the subject application, excluding rights-of-way. The Village will notify surrounding property owners pursuant to subsection 9-3-6E of this chapter.

      3.   Stays Of Proceedings: An appeal stays all proceedings.

      4.   Notice Of Decision: The official minutes of the Council meetings shall constitute written notice of the decision and the disposition of each appeal. (Ord. 2018-03, 9-11-2018)

   A.   Violations:

      1.   It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or land or cause or permit the same to be done in violation of this title.

      2.   When any building or parcel of land regulated by this title is being used contrary to this title, the zoning official may order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the zoning official after receipt of such notice and make the structure, parcel of land, or portion thereof, comply with the requirements of this title.

      3.   Any person who does not build according to the plans and plats approved by the building permit shall be in violation of this title.

   B.   Penalties:

      1.   The zoning official and/or Coordinator, on behalf of the Village, may enforce this title in Municipal Court.

      2.   Any person who violates any provision of this title shall be subject to the penalty provided in section 1-4-1 of this Code. Each day that a violation continues shall be deemed a separate offense.

   C.   Cumulative Remedies: The remedies provided in this title are cumulative and not exclusive and are in addition to other remedies provided or permitted by law. (Ord. 2018-03, 9-11-2018)