For the purpose of obtaining certain permits and approvals, a basic data package is required which includes:

   (A)   Existing site conditions including property lines, contours with intervals of one foot or sufficient spot elevations, existing buildings and trees with a caliper of six inches or more, and similar data on adjacent property.

   (B)   A site plan showing the location, size, and use of buildings, parking areas, landscape planting, proposed grading, walks, drives, and other improvements and existing trees to be removed.

   (C)   Height, use, and gross floor area of all buildings.

   (D)   Number of parking spaces.

   (E)   Elevations of proposed buildings.

   (F)   A written description of the proposal and the reasons therefor.

   (G)   Any written agreements or restrictions to accompany the proposal.

   Conditional use permits are required for all conditional uses and for the enlargement, alteration or extension of existing conditional uses. Previously issued special permits shall be deemed to be conditional use permits. Existing uses of a type requiring a conditional use permit shall not be nonconforming uses but shall be deemed to have a conditional use permit for the existing use; however, a conditional use permit shall be required for any enlargement, alteration, or extension. In order to obtain a conditional use permit applicant shall:

   (A)   File an application on a standard form with the Village Clerk accompanied by a basic data package. The Village Clerk will notify or cause to be notified, via certified mail, all property owners within a minimum distance of 200 feet of the applicant's property and include the nature of the application with the GPHPC meeting date and time.

   (B)   Village Clerk shall refer the application to the Planning Commission which shall have 30 days to review the application with respect to its: Effect on neighborhood; conformance with village plan; effect on traffic; and make a recommendation to the Village Council concerning the application.

   (C)   No action on an application shall be taken by the Village Council until the report of the Planning Commission has been received; however, if no report is received within 45 days, approval of the application may be assumed. The Village Council may approve, disapprove, or approve an application with conditions.

(Am. Ord. 2004-13, passed 6-7-04) Penalty, see § 154.99

   (A)   A Board of Appeals is hereby created. Such Board shall consist of five members to be appointed by the Mayor. At least one of these members shall be a member of the Planning Commission of the village. One shall be appointed for one year; one for two years; one for three years; one for four years; and one for five years, and their successors for five years. The terms of the member of the Planning Commission shall expire at the same time as his term on such Commission. A member appointed to fill a vacancy shall serve for the unexpired term.

   (B)   The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter.

   (C)   Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman, or, in his absence, the acting chairman, may administer oaths and compile the attendance of witnesses. All meetings of 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, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

   (D)   Appeals:

      (1)   Appeals to the Board may be taken by any persons aggrieved or by any officers, department, or bureau of the village affected by any decisions of the Building Commissioner. Such appeal shall be taken in the manner prescribed by the Board by General Rule, by filing with the Building Commissioner and with the Board not later than ten days after the date of the Building Commissioner's decision, which is appealed from, a notice of appeal specifying the grounds thereof. The Building Commissioner shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken. A basic data package shall accompany each appeal.

      (2)   An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Commissioner certified to the Board after the notice of appeal shall have 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 such case, proceedings shall not be stayed otherwise than by an order which may be granted by the Board, or by a court of record on application or notice to the Building Commissioner on good cause shown.

      (3)   The Board shall fix a reasonable time for the hearing of the appeal, give not less than 15 days' public notice thereof in a newspaper of general circulation, as well as due notice to the parties in the interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

   (E)   The Board of Appeals shall have the following powers and it shall be its duty:

      (1)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Commissioner in the enforcement of this chapter.

      (2)   To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this chapter.

      (3)   To permit the following exceptions to the district regulations set forth in this chapter by issuance of a permit containing conditions governing design, construction, or operation of the exception so as to adequately safeguard the health, safety, and welfare of the occupants of adjoining and surrounding property.

         (a)   The erection or use of a building or the use of a premises for public utility purposes only, which the Board finds to be reasonably necessary for the public convenience or welfare.

         (b)   Temporary use of land in a commercial district by circuses, sales for charitable purposes, fairs, or carnivals upon compliance with police regulations of the village.

      (4)   Determine the front, side, and rear yards on corner lots formed by one or more curved streets; provided, however, that the sum of rear and side yards not be less than the sum of the required rear and side yards and no yard reduced to less than one- third of the required yard.

      (5)   To grant a variation in the regulations when a property owner can show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness of shape of a specific piece of property at the time of the effective date of this chapter, or where by reason of exceptional topographical conditions or other extraordinary or exceptional situation that the strict application of the terms of this chapter actually prohibit the use of his property in a manner similar to that which other property in the district is used and where the Board is satisfied, under the evidence heard before it, the granting of such variation will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the owner; provided, however, that all variations granted under this clause shall be in harmony with the intended spirit and purpose of this chapter and shall not constitute a direct and obvious amendment of any district regulations or district boundaries.

         (a)   In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify the order, requirements, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all powers of the Building Commissioner from whom the appeal is taken.

         (b)   Every variation granted or denied by the Board shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variation.

         (a)   Village Council may at any time, by resolution approved by a majority of its membership, initiate an amendment to the boundaries or regulations contained in this zoning code. Such resolution shall include the language or boundary description of the proposed amendment, be certified by the Village Clerk, and forwarded immediately upon its passage to the chairperson of the GPHPC.

         (b)   Upon receipt of a certified resolution of Village Council initiating an amendment to the zoning code, the chairperson of the GPHPC shall set a date for a public hearing on such amendment, which date shall not be greater than 60 days from the date of the certification of the resolution.

         (c)   Notice of the hearing shall be given by the GPHPC as established in division (C) herein.

         (a)   The GPHPC may at any time by motion approved by a majority of its membership, initiate an amendment to the boundaries or regulations contained in this zoning code. Such motion shall include the language or boundary description of the amendment under consideration by the GPHPC.

         (b)   Upon passage of a motion to initiate an amendment to the zoning code, the chairperson of the GPHPC shall set a date for a public hearing on such amendment, which date shall not be greater than 60 days from the date of the passage of the motion to initiate the amendment.

         (c)   Notice of the hearing shall be given by the GPHPC as established in division (C) herein.

         (a)   One or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment may file a petition to initiate an amendment to the boundaries or regulations contained in this zoning code. Such petition shall be filed in writing with the Village Clerk, on forms prepared by the village, and shall contain the following:

            1.   The language of the proposed amendment, if applicable;

            2.   Surveys, maps, or plans related to the proposed amendment, if applicable;

            3.   A basic data package, if applicable; and/or

            4.   Payment of a fee, established by Village Council from time to time, to defray the cost of advertising, mailing, and other expenses associated with the proposed amendment.

         (b)   Within 15 days of receipt of a petition requesting an amendment to the zoning code, the Village Clerk shall forward the petition, together with any accompanying documentation and maps, to the chairperson of the GPHPC and the chairperson of the laws committee of Village Council.

         (c)   Upon receipt of the petition, the chairperson of the GPHPC shall set a date for a public hearing on such amendment, which date shall not be greater than 60 days from the date of receipt by the GPHPC.

         (d)   Notice of the hearing shall be given by the GPHPC as established in division (C) herein.

      (1)   Within 90 days after the conclusion of the public hearing, the GPHPC shall, by motion approved by a majority of its membership, recommend the approval or denial of the proposed amendment, or the approval of some modification of it. Such motion shall include the language or boundary description of the proposed amendment.

      (2)   Within five days of its passage, the recommendation, together with any supporting documentation and maps, shall be forwarded by the chairperson of the GPHPC to the Mayor.

      (1)   Upon receipt of the recommendation of the GPHPC to approve, deny, or modify the proposed amendment to the zoning code, the Mayor shall set a date for a public hearing on such amendment, which date shall not be greater than 60 days from the date of the receipt of the recommendation.

      (2)   The text of the GPHPC recommendation and any supporting documentation and maps shall be available for public examination in the same manner, for the same duration, and at the same location as the public examination provided in division (B) herein.

      (3)   Notice of the hearing shall be given by the Village Clerk in the same manner as required in division (C) herein.

      (1)   Approve the recommendation of the GPHPC as presented by the GPHPC by village ordinance with the concurrence of at least a majority of its membership;

      (2)   Reject the recommendation of the GPHPC as presented by the GPHPC due to the failure of the village ordinance to pass due to the lack of a concurrence of a majority of its membership for its passage;

      (3)   Approve a modification of the recommendation of the GPHPC, including the approval of an amendment to the zoning code rejected by the GPHPC recommendation, by village ordinance with the concurrence of not less than three fourths of its membership.

(Ord. 2016-46, passed 11-7-16)

   (A)   Building Permit. Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this chapter. A record of applications and plats shall be kept in the office of the Building Inspector.

   (B)   Occupancy Permit.

      (1)   Subsequent to the effective date of this chapter, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the Building Inspector. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter.

      (2)   A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy.

      (3)   A Certificate of Occupancy shall be required for each nonconforming use of buildings existing prior to the time of passage of this chapter. Application for such Certificate of Occupancy for nonconforming uses shall be filed with the Building Inspector by the owner or lessee of the building occupied by such nonconforming use within one year from the effective date of this chapter. It shall be the duty of the Building Inspector to issue a Certificate of Occupancy for such nonconforming use upon such application. The failure of the owner or lessee of the building occupied by such nonconforming uses to obtain such Certificate of Occupancy for same within one year from the effective date of this chapter shall create conclusive presumption that such nonconforming use did not exist prior to the effective date of this chapter and such nonconforming use shall be discontinued within one year from the effective date hereof.

   (C)   Fees shall accompany petitions, appeals and applications as follows:

      (1)   Building permits, as specified in the building code (Chapter 150).

      (2)   Occupancy permits, $10.

      (3)   Conditional use permits, $50.

   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and, likewise, not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, except that if this chapter imposes a greater restriction, this chapter shall control.

   It shall be the duty and responsibility of the Building Inspector and any law enforcement officer of the municipality to enforce this chapter.

   Whenever the Building Inspector or a law enforcement officer of the municipality observes an apparent or actual violation of a provision of this chapter, they shall prepare a written notice of violation describing the condition in violation and specifying time limits for the building, structure, or condition to be brought into compliance with this chapter.