This chapter contemplates an administrative and enforcement officer entitled the zoning administrator to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this title require review and action by the village board. A zoning board of appeals is provided to assure proper administration of this title and to avoid arbitrariness.

(Prior code § 13-1-170)

The zoning administrator is designated as the primary administrative officer for the provisions of this title, and shall be referred to as the zoning administrator. The zoning administrator shall be appointed by resolution of the village board. The duty of the zoning administrator shall be to interpret and administer this title and to issue all permits required by this title. The zoning administrator shall further:

A.

Issue all zoning certificates, and make and maintain records, which records shall be maintained in the village hall.

B.

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this title.

C.

Maintain permanent and current records of this title, including but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefor.

D.

Provide and maintain a public information function relative to all matters arising out of this title.

E.

Receive, file and forward to the village administrator/clerk/treasurer all applications for amendments to this title.

F.

Receive, file and forward to the plan commission all applications for conditional uses.

G.

Receive, file and forward to the board of appeals all applications for appeals, variances, or other matters on which the board of appeals is required to act under this title, and shall attend all board of appeals meetings to provide technical assistance when requested by the village board.

H.

Initiate, direct and review from time to time a study of the provisions of this title, and make recommendations to the plan commission not less than once a year.

(Ord. 2003-03 § 4 (part); Ord. 2-3-3 (part), 2002; prior code § 13-1-171)

A.

Plan Commission. The plan commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the village to the village board, other public officials and other interested organizations and citizens. In general, the plan commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this title, one of its functions is to make recommendations to the village board pursuant to guidelines set forth in this title as to various matters and always being mindful of the intent and purposes of this title. Recommendations shall be in writing. A recording thereof in the commission's minutes shall constitute the required written recommendation. The commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.

B.

Village Board. The village board, the governing body of the village, subject to recommendations by the plan commission and the holding of public hearings by the board, has ultimate authority to make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map, and to amend the text of this title. The board may delegate to the plan commission the responsibility to hold some or all public hearings as required under this title and other provisions therefor elsewhere in this title. The village board shall act as the board of appeals for conditional uses granted by the plan commission.

C.

Zoning Board of Appeals. A zoning board of appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this title. See Chapter 17.108 of this title for detail provisions.

(Prior code § 13-1-172)

A.

Zoning Certificate Required. No building permit for a new structure, new use of land, water or air, or change in the use of land, water or air shall hereafter be issued and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered unless the application for such permit has been examined by the office of the zoning administrator and has affixed to it a certificate of the office of the zoning administrator indicating that the proposed use of land, buildings or structures and any future proposed buildings or structures comply with all of the provisions of this title.

B.

Application. Applications for a zoning permit shall be made to the zoning administrator and shall include the following where pertinent and necessary for proper review:

1.

Name and address of the applicant, owner of the site, architect, professional engineer and contractor.

2.

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

3.

Plat of survey prepared by a land surveyor registered in the state or other map drawn to scale and showing such of the following as may be required by the zoning administrator: the location, boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; public utilities; off-street parking, loading areas and driveways; existing highway access restrictions; high water; channel, floodway and floodplain boundaries; and existing and proposed street, side and rear yards.

4.

Additional information as may be required by the zoning administrator or plan commission (if involved).

C.

Action.

1.

A zoning permit shall be granted or denied in writing by the zoning administrator within thirty (30) days of application and the applicant shall post such permit in a conspicuous place at the site.

2.

The permit shall expire within six months unless substantial work has commenced or within eighteen (18) months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, in which case of expiration, the applicant shall reapply for a zoning permit before commencing work on the structure.

3.

Any permit issued in conflict with the provisions of this title shall be null and void.

(Prior code § 13-1-173)

A.

Site Plan Approval. All applications for building permits for any construction, reconstruction, expansion or conversion, except in the R-L and R-M districts, shall require site plan approval by the plan commission in accordance with the requirements of this section.

B.

Application. The applicant for a zoning or building permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the plan commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this title.

C.

Administration. The zoning administrator shall make a preliminary review of the application and plans and refer them, along with a report of his or her findings, to the plan commission within ten (10) days. The plan commission shall review the application and may refer the application and plans to any expert consultants selected by the plan commission and/or village engineer to advise whether the application and plans meet all the requirements applicable thereto in this title. Within thirty (30) days of its receipt of the application, the plan commission shall authorize the zoning administrator to issue or refuse a zoning permit.

D.

Requirements. In acting on any site plan, the plan commission may impose conditions upon the issuance of site plan approval as it deems necessary to address the following issues:

1.

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

2.

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

3.

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

4.

The landscaping and appearance of the completed site. The plan commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.

E.

Effect on Municipal Services. Before granting any site approval, the plan commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the village engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the plan commission shall forward its recommendations to the village board and shall not issue final approval until the village board has entered into an agreement with the applicant regarding the development of such facilities.

(Prior code § 13-1-174)

A.

Violations. It is unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this title. In case of any violation, the village board, plan commission, the zoning administrator or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this title or cause a structure to be vacated or removed.

B.

Remedial Action. Whenever an order of the zoning administrator has not been complied with within thirty (30) days after written notice has been mailed to the owner, resident agent or occupant of the premises, the village board, the zoning administrator or the village attorney may institute appropriate legal action or proceedings.

C.

Penalties. Any person, firm or corporation who fails to comply with the provisions of this title or any order of the zoning administrator issued in accordance with this title or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Section 1.16.010 of this code.

(Prior code § 13-1-175)