The purpose of this section is to outline specific rules and procedures whereby the provisions of this chapter shall be administered and enforced.

(Code 1992, § 17.20(1))

The zoning administrator shall have the responsibility of administering and enforcing the provisions of this chapter by means of the following powers and duties:

(1)

Examine and approve any application pertaining to the use of land, buildings or structures to determine if the application conforms with the provisions of this chapter.

(2)

Issue all zoning permits and certificates and keep permanent records thereof.

(3)

Conduct inspections of buildings, structures and uses of land to determine their compliance with this chapter.

(4)

Receive, file and forward for action all applications for appeals, variations, conditional uses and amendments to this chapter.

(5)

Initiate, direct and review, from time to time, a study of the provisions of this chapter and make reports of his recommendations to the plan commission and the village board not less frequently than once a year.

(6)

Revoke certificates of zoning compliance where provisions of this chapter are being violated.

(7)

Maintain permanent and current records of this chapter, including all maps, amendments, conditional uses and variances.

(8)

Provide and maintain public information relative to all matters arising out of this chapter.

(Code 1992, § 17.20(2))

The board of zoning appeals is created in chapter 2, article III, division 4.

(Code 1992, § 17.20(3)(a))

All meetings of the board of zoning appeals shall be held at the call of the chair and at such other times as the board may determine. All hearings conducted by the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or indicating the fact of absence or failure to vote, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the village clerk-treasurer and which shall be public record. The board shall adopt its own rules of procedure not in conflict with this chapter or with the applicable state statutes.

(Code 1992, § 17.20(3)(b))

The village board shall provide suitable offices for holding hearings and presenting records, documents and accounts.

(Code 1992, § 17.20(3)(c))

The village board shall appropriate funds to carry out the duties of the board and the board shall have the authority to spend, under regular procedure, all sums appropriated to it for the purpose and activities authorized herein.

(Code 1992, § 17.20(3)(d))

The board shall have the following jurisdiction and authority:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

(2)

To hear and decide special exceptions to the terms of this chapter upon which the board is required to pass under the provisions of this chapter.

(3)

To authorize, upon appeal in specific cases, variances from the terms of this chapter where, owing to special conditions, a literal enforcement of this chapter will result in practical difficulty or unnecessary hardship so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

(4)

To permit, in appropriate cases, subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used for public utility purposes in any location which is reasonable and necessary for the public convenience and welfare.

(Code 1992, § 17.20(3)(e))

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under the provisions of this chapter or to approve a variance from this chapter. The grounds of every such determination shall be stated in writing.

(Code 1992, § 17.20(3)(f))

(a)

Scope of appeals. Appeals to the board may be made by any person aggrieved or by any officer, department, board or bureau of the village affected by any decision made by an administrative official in the enforcement of this chapter. Such appeal shall be made within 30 days of the alleged grievance or judgment in question.

(b)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from unless the officer from whom the appeal is made certifies to the board that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is made, and on due cause shown.

(Code 1992, § 17.20(3)(g))

The board shall fix a time, not more than 30 days from the date of filing, for the hearing of an appeal and shall give due notice thereof to all the parties involved. The board or any of its officers it may designate shall cause such hearings to be published in the official newspaper of the village.

(Code 1992, § 17.20(3)(h))

The board of zoning appeals may vary the regulations of this chapter in harmony with its general purpose and intent, but only in specific instances where the board makes a finding of fact based on the standards prescribed in section 34-88. Variances may be granted:

(1)

To permit any yard of less dimension than those required by this chapter.

(2)

To permit any building to exceed the floor space provided by this chapter, but such variation may not exceed ten percent.

(3)

To permit the use of lot prohibited solely because of insufficient area of the lot.

(4)

To permit construction of a building or structure which will exceed the height limit for the district in which it is to be built.

(5)

To permit off-street parking which does not conform in quantity or other particulars with the requirements of this chapter.

(Code 1992, § 17.20(4)(a); Ord. No. 98-4, 9-15-1998)

The application for a variance shall be filed with the zoning administrator. The application shall contain the following information:

(1)

Name and address of applicant.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property.

(3)

Address and description of the property.

(4)

An accurate drawing of the site and surrounding area for a distance of at least 300 feet from each boundary.

(5)

Names and addresses of adjacent property owners.

(6)

The application shall be accompanied by a filing fee of $125.00.

(Code 1992, § 17.20(4)(b); Ord. No. 98-4, 9-15-1998)

The board shall conduct at least one public hearing on the proposed variance. Notice of such hearing shall be given not more than 30 days and not less than 15 days before the hearing in the official newspaper of the village.

(Code 1992, § 17.20(4)(c); Ord. No. 98-4, 9-15-1998)

The zoning administrator may refer the application for variance to the plan commission for consideration at least ten days before the public hearing. If it is asked to consider a variance, the plan commission shall submit a written report and recommendation to the board before the public hearing.

(Code 1992, § 17.20(4)(d); Ord. No. 98-4, 9-15-1998)

The board shall make an affirmative or negative decision within 30 days after the public hearing. The concurring vote of a majority of the members of the board is necessary to authorize any variance in this chapter. A copy of the variance shall be supplied to the zoning administrator within ten days of passage and it shall be accompanied by a written finding of fact and reasons for granting the variance, in accordance with section 34-88.

(Code 1992, § 17.20(4)(e); Ord. No. 98-4, 9-15-1998)

For the board to make an affirmative decision, it must find that:

(1)

Denial of the variance may result in hardship to the property owner due to physical characteristics of the site.

(2)

The conditions upon which a petition for a variance is based are unique to the property for which the variance is being sought.

(3)

The petition for a variance is not based exclusively upon a desire to increase the value or income potential of the property.

(4)

The granting of the variance will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.

(5)

The proposed variance will not jeopardize the spirit and general and specific purposes of this chapter.

(Code 1992, § 17.20(4)(f); Ord. No. 98-4, 9-15-1998)

The purpose of this division is to provide a procedure for changing district boundaries, district regulations and other textual and map provisions of this chapter.

(Code 1992, § 17.20(5)(a))

A petition for an amendment shall be filed with the zoning administrator. The petition shall contain the following information if the amendment will affect only a particular property or properties:

(1)

Name and address of petitioner.

(2)

Statement that the petitioner is the owner or authorized agent of the owner of the property for which the change in district boundary or use is proposed.

(3)

Address and description of property.

(4)

An accurate drawing of the site and surrounding area for a distance of at least 300 feet from each boundary.

(5)

Name and address of adjacent property owners.

(6)

The application shall be accompanied by a filing fee of $250.00.

(Code 1992, § 17.20(5)(b))

Upon receipt of the petition, the village board shall hold at least one public hearing on the proposed amendment after publication of a Class II notice. The hearing shall be recorded and filed in the office of the village clerk-treasurer. Notice of the hearing shall be published not more than 30 days and not less than 15 days before the hearing in the official newspaper of the village. Owners of the adjacent properties shall also be notified in writing. Their failure to receive the notice or attend the hearing shall not invalidate the proceedings.

(Code 1992, § 17.20(5)(c))

The zoning administrator shall refer the petition for amendment to the plan commission at least ten days before the public hearing. The plan commission shall submit a written report and recommendation to the village board, recommending approval if the amendment meets the standards set forth in section 34-126.

(Code 1992, § 17.20(5)(d))

An amendment must be adopted by a majority vote of the elected members of the village board, subject to section 34-125.

(Code 1992, § 17.20(5)(e))

In case of protest against such change duly signed and acknowledged by the owners of 20 percent or more either of the areas of land included in such proposed amendment, supplement or change, or by the owners of 20 percent or more of the area of land immediately adjacent existing 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment, supplement or change shall not become effective except by the favorable vote of three-fourths of the members of the village board.

(Code 1992, § 17.20(5)(f))

An amendment must meet the following standards:

(1)

It will in no way endanger public health, safety, morals, comfort and general welfare.

(2)

It will not be injurious to the enjoyment of property in the village.

(3)

It will not impede the orderly development and improvement of property in the village.

(Code 1992, § 17.20(5)(g))

This division establishes procedures under which any construction or alteration of a building or other structure and any new use of land or a building shall be approved by the zoning administrator to make certain that it is in compliance with this chapter. The purpose of this requirement is to ensure effective enforcement of zoning and also to protect owners and users of property by providing for a determination of compliance in advance of development. In order to lessen the burden upon property owners and to avoid unnecessary administrative duplication, the procedures under this section are, wherever possible, combined with existing procedures.

(Code 1992, § 17.21(1))

A zoning permit is a statement issued by the zoning administrator stating the existing zoning provisions which apply to a given parcel or parcels of property. The following shall be specifically stated in the permit:

(1)

District within which the property is located.

(2)

Any additional regulations which apply to the subject property such as those specified by a conditional use permit, variance or other action by the board of zoning appeals, the village board or the courts.

(3)

Status of any nonconformities which exist on the property.

(4)

If a specific use is proposed and the extent of the proposed use is indicated and accompanied by plans and additional information as necessary, then applicable parking, signs and other regulations should be stipulated.

(Code 1992, § 17.21(2)(a))

No building or addition thereto constructed after the effective date of the ordinance from which this chapter is derived and no addition to a previously existing building shall be occupied and no land vacant on the effective date of the ordinance from which this chapter is derived shall be used for any purpose until a zoning permit has been issued by the zoning administrator. No change in use to the production, processing or storage of materials or goods and no change in use from the production, processing or storage of one kind of material or goods to another kind shall be made until a zoning permit has been issued by the zoning administrator.

(Code 1992, § 17.21(2)(b))

Application for a zoning permit shall be made on a form prescribed by the zoning administrator and shall be accompanied by plans and additional information as necessary, in the opinion of the administrator, to demonstrate conformity with this chapter. The administrator shall, upon receipt of all necessary information, check the application and all data submitted with it to see that all provisions of this chapter shall be complied with.

(Code 1992, § 17.21(2)(c))

In the event a proposed development does not comply with the provisions of this chapter, a zoning permit shall not be issued; however, the aspects of the proposed development or use which do not comply shall be specified to the applicant.

(Code 1992, § 17.21(2)(d))

Except as heretofore provided, no building permit or other permit pertaining to the construction of buildings or the use of land or buildings shall be issued by an officer, department or employee of the village unless the application for such permit has been examined by the zoning administrator and has affixed to it a zoning permit.

(Code 1992, § 17.21(2)(e))