The Building Commissioner is hereby designated and authorized to enforce this title. (Ord., 4-22-1943; amd. Ord. 03-05, 9-8-2003)

   A.   Except as provided by this title and except after obtaining written permission from the Building Commissioner, it shall be unlawful, anywhere within the corporate area of the Village:

      1.   To establish any use of a building, structure or land, either by itself or in addition to another use.

      2.   To expand, change or reestablish any nonconforming use.

      3.   To erect a new building or structure or part thereof, or commence any excavation in preparation for such erection.

      4.   To rebuild, structurally alter, add to or relocate any building or structure or part thereof.

      5.   To reduce the open space or "lot", as defined herein, required for a building or structure, or to include any part of such open space or plot area as that required for an adjoining building or structure.

      6.   To provide or connect onto water supply or sewerage disposal facilities.

   B.   No change of use shall be made in any building or part thereof now or hereafter erected or altered without a permit having been issued by the Building Commissioner, and no permit shall be issued to make such change unless it is in conformity with the provisions of this title or amendments hereto or hereafter duly enacted. (Ord., 4-22-1943; amd. 2003 Code; Ord. 03-05, 9-8-2003)

   A.   An owner or authorized representative may apply for a variation in writing to the Zoning Board of Appeals in a specific case, after written denial of a permit by the Building Commissioner. The Zoning Board of Appeals shall have the jurisdiction and authority to grant variations, but only to the extent authorized in this section. The application for variation shall be considered at a public hearing before the Zoning Board of Appeals, held after fifteen (15) days' notice is given as prescribed by statute. At the hearing, the burden of proof is on the applicant. Variations shall be permitted by the Zoning Board of Appeals only when:

      1.   The requested variation is in harmony with the general purpose and intent of this title. Without limiting the foregoing, the requested variation will not: a) impair an adequate supply of light and air to adjacent property; b) increase the congestion in public streets unreasonably; c) increase the hazard of fire; d) endanger the public safety; or e) diminish or impair the values of property within the surrounding area or the use or enjoyment of such properties.

      2.   The requested variation is necessary due to practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title. In its consideration of the standards of practical difficulties or particular hardship, the Zoning Board of Appeals shall require evidence that all of the following apply: a) the property owner would suffer a demonstrable particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations of this title were carried out; b) the plight of the owner is due to conditions peculiar to the property arising from its particular physical surroundings, shape, tree coverage, or other topographical conditions; c) the variation, if granted, will not alter the essential character of the Village; and d) the requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property.

Within thirty (30) days after closing the hearing, the Zoning Board of Appeals shall adopt findings of fact based upon the evidence presented at the hearing. The Zoning Board of Appeals may adopt a motion, upon the concurring vote of not less than four (4) of its members, that includes findings of fact that the standards for granting a variation are satisfied and directs the issuance of a permit effecting the variation as requested or in such modified form as the Zoning Board of Appeals may determine upon. Whether the Zoning Board of Appeals denies or grants an application, such decisions and findings of the Zoning Board of Appeals under this section shall be final administrative determinations.

   B.   The Zoning Board of Appeals shall not have jurisdiction or authority to grant a variation from the regulations of this title that reduces the minimum areas or dimensions or increases the maximum dimensions by more than twenty five percent (25%), except in the following instances:

      1.   The Zoning Board of Appeals may hear an application for a variation to reduce the minimum setback from a street for any building determined under subsection 9-1-4B of this title, and may grant a variation reducing the dimension of the minimum street setback, along all or any portion of the street line, to be not less than the minimum street setback then observed by any existing building on the lot at the time the application is made.

      2.   The Zoning Board of Appeals may hear an application for a variation, concerning any principal building whose minimum setback from a street is varied pursuant to the provisions of subsection B1 of this section, and may grant a variation reducing such minimum street setback by up to an additional five feet (5') solely for purposes of constructing a storage unit or similar accessory purpose, provided such use is not habitable space, does not exceed fifteen feet (15') in height, is fully enclosed of materials complementary to the principal building, is attached to the principal building, and provided the lot on which the building is located is functionally triangular in shape.

      3.   The Zoning Board of Appeals may hear an application for a variation to reduce the minimum side yard setback to enlarge an existing one-story, one-car attached garage into a one-story, two-car attached garage (provided the height of the expanded garage area matches the existing one-story roof line and does not contain second-floor living space), and may grant a variation reducing the dimension of the minimum side yard setback to not less than five feet (5') for purposes of such enlargement. (Ord. 2018-07, 8-13-2018)

Within thirty (30) days after the filing of any decision or variation by the Zoning Board of Appeals, any person or persons jointly or severally aggrieved by such decision or variation, or any officer, department or board of the Village, may appeal to a court of record in the manner prescribed by statute. (Ord., 4-22-1943; amd. Ord. 03-05, 9-8-2003)

Notice of the lime and place of such public hearing shall be given by one (1) publication in one (I) or more newspapers of general circulation within the village. Notice shall be published a minimum of fifteen (15) days prior to the hearing date and a maximum of thirty (30) days prior to the hearing date. Such notice shall be sufficient notice for the initial hearing, as well as any continuances of the same hearing, if any. After such public hearing, the Zoning Board of Appeals shall report to the Village Board on the proposed amendment and may cause an ordinance authorizing such proposed amendment to be introduced before said Village Board. Such hearing of the Zoning Board of Appeals may be adjourned from lime to time.

(Ord., 4-22-1943; amd. Ord. 03-05, 9-8-2003; Ord. 2022-01, 3-14-2022)

   A.   Generally: Permit and other fees shall be as established by resolution of the Village Board.

   B.   Certificate Of Occupancy And Compliance: A fee of twenty dollars ($20.00) shall be charged for each original certificate and one dollar ($1.00) for each copy thereof. (Ord., 4-22-1943; amd. Ord. 03-05, 9-8-2003)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title shall, upon conviction, be subject to a Class B penalty as provided in section 1-4-1 of this Code. (Ord., 4-22-1943; amd. 1989 Code; Ord. 03-05, 9-8-2003)

Each and every violation, and each and every day or part thereof such violation or failure to comply continues following three (3) days after notification thereof is sent by registered mail, shall constitute a separate offense. (Ord. 9410, 12-12-1994; amd. Ord. 03-05, 9-8-2003)