Except as otherwise provided in this chapter, the zoning officer is given the duty, power, and authority to enforce the provisions of this chapter. The village president, with the consent of the village board, shall appoint the zoning offer and any other employees as he deems necessary to assist in the enforcement of this chapter. The responsibility of the zoning officer encompasses, but is not limited to, the following specific duties:

(1)

To review and pass upon applications for building permits;

(2)

To inspect land, structures, and uses to determine compliance with this chapter, and where there are violations, to initiate appropriate corrective actions;

(3)

To review and forward to the zoning board of appeals all applications for variances, appeals, and amendments;

(4)

To review and forward to the zoning board of appeals all applications for special use permits;

(5)

To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matters to the zoning board of appeals; and

(6)

To provide information to the general public on matters related to this chapter.

(Code 1999, § 40-17-1; Ord. No. 2002-13, art. 17, § 1, 8-14-2002)

The village clerk shall keep careful and comprehensive records of applications, permits issued, inspections made, reports rendered and notices or orders issued. The village clerk shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection during business hours but shall not be removed from the office of the village clerk.

(Code 1999, § 40-17-2; Ord. No. 2002-13, art. 17, § 2, 8-14-2002)

All fees associated with this chapter shall be in the amount provided in the village fee schedule and shall be paid to the village at the time of filing. The fees are intended to defray the administrative costs of implementing the requirements of this chapter and do not constitute a tax or other revenue-raising device.

(Code 1999, § 40-17-12; Ord. No. 2002-13, art. 17, § 12, 8-14-2002)

The village zoning board of appeals is established in accordance with state law. The board consists of seven members, all of whom shall reside within the village. Each board member shall be appointed by the village president with the advice and consent of the village board of trustees. One of the members so appointed shall be named as chairperson at the time of his appointment. Each board member shall serve without compensation.

(Code 1999, § 40-16-1; Ord. No. 2002-13, art. 16, § 1, 8-14-2002)

Any person appointed to the zoning board of appeals on or after the effective date of the ordinance from which this chapter is derived shall hold office for five years from the date of appointment, and until his successor has been selected and qualified. With the advice and consent of the village board of trustees, the village president may remove any member of the zoning board of appeals for cause, after a public hearing. Vacancy on the zoning board of appeals shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members.

(Code 1999, § 40-16-2; Ord. No. 2002-13, art. 16, § 2, 8-14-2002)

All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such times as the zoning board of appeals may determine. All meetings shall be open to the public. The zoning board of appeals may adopt its own rules of meeting procedures consistent with this chapter and the applicable state statutes. The zoning board of appeals may select such officers as it deems necessary. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. Four members of the zoning board of appeals shall constitute a quorum, and the affirmative vote of at least four members shall be necessary to authorize any zoning board of appeals action.

(Code 1999, § 40-16-3; Ord. No. 2002-13, art. 16, § 3, 8-14-2002)

The zoning board of appeals shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member upon each question, and any official action taken. A copy of every rule, variance, order, or decision of the zoning board of appeals shall be filed immediately in the office of the zoning board of appeals and shall be a public record.

(Code 1999, § 40-16-4; Ord. No. 2002-13, art. 16, § 4, 8-14-2002)

The zoning board of appeals shall hear and decide appeals from any order, requirement, decision or determination made by the zoning officer. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter. The zoning board of appeals may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the zoning board of appeals may decide to be fitting and proper in the premises, and to that end, the zoning board of appeals shall also have all the powers of the officer from whom the appeal it taken.

(Code 1999, § 40-16-7; Ord. No. 2002-13, art. 16, § 7, 8-14-2002)

(a)

An appeal may be taken to the zoning board of appeals by any person or by any officer, department, or board of the village affected by a decision of the zoning officer. The appeal shall be taken within 45 days of the zoning officer's decision, by filing with the zoning officer and with the zoning board of appeals a notice of appeal, specifying the grounds thereof. The zoning officer shall forthwith transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken.

(b)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning officer certifies to the zoning board of appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board of appeals or by a court of record on application, on notice to the zoning officer and on due cause shown.

(c)

The zoning board of appeals shall select a reasonable time and place for the hearing or the appeal and give due notice thereof to the parties, and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by a duly authorized agent or attorney.

(d)

The village board shall act on every appeal at its next regularly scheduled meeting following submission of the zoning board of appeal's advisory report. Without further public hearing, the village board may approve or deny the appeal by simple majority vote of all the members then holding office.

(Code 1999, §§ 40-16-5, 40-16-6; Ord. No. 2002-13, art. 16, §§ 5, 6, 8-14-2002)

The zoning board of appeals shall make no recommendation except in a specific case and after a public hearing. A notice of the time and place of such hearing shall be published in a paper of general circulation in the county at least once, not more than 30 nor less than 15 days before the hearing. The notice shall contain the particular address or location of the property of which the variance or other ruling by the zoning board of appeals is sought, as well as a brief description of the nature of the appeal, and of what the proposed variance consists.

(Code 1999, § 40-16-9; Ord. No. 2002-13, art. 16, § 9, 8-14-2002)

(a)

When a property owner shows that a strict application of the terms of this chapter relating to the use, construction, or alteration of buildings or structures or the use of land imposes upon him practical difficulties of particular hardship, then the zoning board of appeals may make such variances of the strict application of the terms of this chapter as are in harmony with its general purpose and intent, when the zoning board of appeals is satisfied under the evidence heard before it that a granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variance by this chapter created and set forth in the following instances:

(1)

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record.

(2)

To permit the reconstruction of a nonconforming building which has been destroyed or partially destroyed by fire or an act of God where the zoning board of appeals shall find some compelling public necessity requiring a continuance of the nonconforming use.

(3)

To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the zoning board of appeals deems reasonably necessary for the public convenience or welfare.

(4)

To make a variance where, by reason of an exceptional situation, surroundings, or condition of a specific piece of property, or by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record, or by reason of exceptional topographical conditions, the strict application of any provision of this chapter would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property and amount to a practical confiscation of property as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good.

(5)

To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is made a part of this chapter.

(b)

In considering all appeals and all proposed variances to this chapter, the zoning board of appeals shall, before making any variances from this chapter in a specific case, first determine that the proposed variances will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, or welfare of the inhabitants of the village. The concurring vote of four members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of the zoning officer or to decide in favor of the applicant any matter upon which it is authorized by this Code to render a decision, or to effect any variance. Nothing herein contained shall be construed to give or grant to the zoning board of appeals such power or authority reserved to the village board under this chapter or state law.

(Code 1999, § 40-16-8; Ord. No. 2002-13, art. 16, § 8, 8-14-2002)

Within a reasonable time after the public hearing, the zoning board of appeals shall submit its advisory report to the village board. The report shall state the board of appeal's recommendations regarding the proposed variance. The board of appeals shall not recommend any variance unless, based upon the evidence presented to it, it determines that:

(1)

The proposed variance is the minimum deviation from such requirements that would alleviate the difficulties or hardship;

(2)

The peculiar circumstances giving rise to the variance request are not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than a rezoning of the property; and

(3)

The variance, if granted would not alter the essential character of the area where the premises in question is located.

(Code 1999, § 40-16-10; Ord. No. 2002-13, art. 16, § 10, 8-14-2002)

No lot shall be created, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated, or reconstructed until a building permit has been issued.

(Code 1999, § 40-17-3; Ord. No. 2002-13, art. 17, § 3, 8-14-2002)

Every applicant for a building permit shall submit to the zoning officer, in graphic or narrative form, all the items of information listed below that are applicable to the particular project. The zoning officer shall decide which of the items of information listed below are applicable:

(1)

Name and address of the applicant;

(2)

Name and address of the owner or operator of the proposed structure or use, if different from subsection (1) of this section;

(3)

Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;

(4)

Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;

(5)

Area and dimensions of the site for the proposed structure or use;

(6)

Existing topography of the site and proposed finished grade;

(7)

Heights and setbacks of the proposed structures;

(8)

Number and sizes of proposed dwelling units, if any;

(9)

Locations and number of proposed parking/loading spaces and accessways;

(10)

Identification and locations of all existing or proposed utilities, whether public or private; and

(11)

Any other pertinent information that the zoning officer may require.

(Code 1999, § 40-17-4; Ord. No. 2002-13, art. 17, § 4, 8-14-2002)

Building permits shall be valid for 90 days, or until revoked for failure to abide by a corrective action order. The zoning officer may renew initial building permits for successive 90-day periods upon written request, provided the applicant is making a good faith effort to complete the authorized work.

(Code 1999, § 40-17-5; Ord. No. 2002-13, art. 17, § 5, 8-14-2002)

Whenever the zoning officer finds, by inspection or otherwise, that any lot, structure or use, or work thereon, is in violation of this chapter, he shall so notify the responsible party and shall order appropriate corrective action. The order to take corrective action shall be in writing, and shall include:

(1)

A description of the premises sufficient for identification;

(2)

A statement indicating the nature of the violation;

(3)

A statement of the remedial action necessary to effect compliance;

(4)

The date by which the violation must be corrected;

(5)

A statement that the alleged violator is entitled to a conference with the zoning officer if he so desires;

(6)

The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for filing; and

(7)

A statement that failure to obey a corrective action order shall result in revocation of the building permit and may result in the imposition of fines.

(Code 1999, § 40-17-6; Ord. No. 2002-13, art. 17, § 6, 8-14-2002)

A corrective action order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure or use if it is:

(1)

Served upon him personally;

(2)

Sent by registered mail to his last-known address; or

(3)

Posted in a conspicuous place on or about the effected premises.

(Code 1999, § 40-17-7; Ord. No. 2002-13, art. 17, § 7, 8-14-2002)

If any work is being done in violation of a building permit, the zoning officer's corrective action order may state that the violation must cease immediately. In such case, the corrective action order is equivalent to a stop order.

(Code 1999, § 40-17-8; Ord. No. 2002-13, art. 17, § 8, 8-14-2002)

Notwithstanding any other provisions of this chapter, if the zoning officer determines that any violation of this chapter poses an imminent peril to life or property, he may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

(Code 1999, § 40-17-9; Ord. No. 2002-13, art. 17, § 9, 8-14-2002)

Whenever any violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint on forms provided by the zoning officer. The zoning officer shall record such complaints, immediately investigate, and if necessary, institute appropriate corrective action.

(Code 1999, § 40-17-10; Ord. No. 2002-13, art. 17, § 10, 8-14-2002)

Any person who is convicted of a violation of this chapter shall be fined not less than $25.00 nor more than $750.00, plus costs. Each day that a violation continues shall be a separate offense. Nothing contained in this section shall prevent the village from taking any other lawful action that may be necessary to secure compliance with this chapter.

(Code 1999, § 40-17-11; Ord. No. 2002-13, art. 17, § 11, 8-14-2002)