The administration of this Title is vested in the following offices or agencies:

The office of the Zoning Official (Section 10-12-2).

The office of the Village Clerk (Section 10-12-3).

The Village Planning and Zoning Board (Section 10-12-4).

The Village Board (Section 10-12-5).

   A.   The Zoning Official and his authorized organization personnel shall administer and enforce this Title, and in addition thereto and in furtherance of said authority, shall:

      1.   Issue all zoning certificates and make and maintain records thereof.

      2.   Issue all certificates of occupancy, and make and maintain records thereof.

      3.   Issue "temporary permits" authorized by this Title.

      4.   Conduct inspections of buildings, structures and land to determine compliance with the Title and notify in writing the person responsible for any violation found, indicating the nature of the violation and ordering the action necessary to correct it.

      5.   Order the discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by statute or by this Title to ensure compliance with or to prevent violations of its provisions. Such order may be appealed to the Village Planning and Zoning Board.

      6.   Prepare and cause to be published in a newspaper as a legal notice, on or before March 31 of each year, maps showing the existing zoning uses, divisions, restrictions, regulations and classifications in effect.

      7.   Maintain permanent and current records of this Title, including, but not limited to, all maps, amendments, special use permits, planned unit developments, variations, appeals, and applications thereof.

      8.   Advise all persons seeking zoning information of the existence of official plans of the Village and the relationship of these plans to zoning.

      9.   Provide and maintain a source of public information relative to all matters arising out of this Title.

      10.   Receive, file and forward to the Village Board (with copies to the Village Planning and Zoning Board or Planning Commission where applicable) all applications for amendments, special use permits, planned unit developments and other matters on which the Village Board is required to pass under this Title.

      11.   Receive, file and forward to the Village Planning and Zoning Board all applications for variations and other matters on which the Board is required to pass under this Title.

      12.   Keep the Village Board advised on zoning activities.

      13.   Decide or make recommendations on all matters under this Title upon which the Zoning Official is required to act.

The Village Clerk and his/her authorized organizational personnel shall administer that portion of this Title prescribing duties for the Village Clerk, and shall:

   A.   Accept appeals filed in the Village Clerk's office and forward same to the Village Planning and Zoning Board or Village Planning and Zoning Board for appropriate action.

   B.   Maintain copies of this Title and the Official Zoning Map for reference by the public.

   A.   Creation Of Membership:

      1.   The word "Board" when used in this Section shall be construed to mean the Village Planning and Zoning Board. The said Board shall consist of seven (7) members appointed by the Village President and confirmed by the members of the Village Board, and such members shall receive as compensation ten dollars ($10.00) per meeting attended. No compensation shall be received for meetings not attended.

      2.   The terms of all members of the Village Planning and Zoning Board shall expire January 31, 2022. Subsequent to that date, the Village President shall appoint a chairman to serve a four (4) year term, three (3) other members to serve three (2) year terms and three (3) other members to serve four (4) year terms. Said terms of all appointed members of the Village Planning and Zoning Board shall begin immediately upon appointment and confirmation. Thereafter, all appointments to the Village Planning and Zoning Board shall be made by the Village President for terms of four (4) years in duration. However, appointments made to replace vacancies upon the Village Planning and Zoning Board shall be only for the unexpired term of the member whose place has become vacant. All appointments to the Village Planning and Zoning Board made by the Village President shall be confirmed by the Village Board.

      3.   The chairman of the Village Planning and Zoning Board shall remain as chairman throughout his term and shall receive as compensation 10 dollars ($10.00) per meeting attended. No compensation shall be received for meetings not attended. The chairman, subject to the approval of the members of the Village Board shall have the power to remove any member of said Village Planning and Zoning Board for cause. The Village Board may remove any member of the Village Planning and Zoning Board for cause without concurrence of the chairman of the Village Planning and Zoning Board if at least two-thirds (2/3) of the membership of the Village Board vote for said removal.

   B.   Jurisdiction: The Village Planning and Zoning Board is hereby vested with the following jurisdiction and authority.

      1.   To hear appeals and make recommendations to the Village Board any order, requirement, decision or determination made by the Zoning Official under this Title.

      2.   To hear and make recommendations to the Village Board upon application for variations from the terms provided in this Title in the manner prescribed by, and subject to, the standards established herein.

      3.   To hear and make recommendations to the Village Board upon requests for text amendments to this Title.

      4.   To receive all applications for special use and map amendments. The Village Planning and Zoning Board shall be requested at the public hearings to report, in writing, an evaluation of the proposed use with respect to officially adopted plans of the Village. Such report shall be available for public inspection at the public hearing.

      5.   To hear and make recommendations to the Village Board on all matters as is required under this comprehensive amendment as prescribed by statute.

   C.   Meetings And Rules: All meetings of the Village Planning and Zoning Board shall be held at the call of the chairman and at such times as the Board may determine. Hearings shall be conducted by said Board or any member thereof and shall be open to the public. Location of such hearings shall be in the Village Hall or at a predesignated location to accommodate said hearings. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. 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 also keep records of its hearings and other official actions. A copy of every rule of regulation and every order, requirement, decision or determination of the Board shall be filed immediately in the office of the Zoning Official and shall be a public record. The Board shall adopt its own rules and procedures, not in conflict with this comprehensive amendment or with the applicable Illinois statutes, and may select or appoint such officers as it deems necessary. In the performance of their duties, the Zoning Official and the Village Planning and Zoning Board may incur such expenditures as may be authorized by the Village Board.

The Village Board shall establish the standards, procedures and contents of this Title and shall reserve certain matters of final decision to itself. Decisions of the Village Board shall be subject to judicial review as the law may provide, and the jurisdiction of the Village Board shall be:

   A.   To decide variations, special uses, amendments (text).

   B.   To decide variations, special uses, amendments (map) and planned unit developments after report by the Village Planning and Zoning Board.

   C.   To confirm appointments to the Village Planning and Zoning Board and Village Planning and Zoning Board.

   D.   To decide all matters required by this Title.

   E.   To initiate comprehensive amendments to this Title.

   A.   Certificates Required: No building or structure shall be erected, constructed, reconstructed, enlarged, moved or structurally altered, nor shall any excavation or grading be done without a building permit. No building permit, and no other permit pertaining to the use of land, buildings or structures, shall be issued by employees of the Village unless the proposed use thereof complies with all the provisions of this Title, nor shall any such permit be issued unless the application for such permit and the building permit both have certified thereon under oath by the Zoning Official that the proposed use is in compliance with the provisions of this Title. Any permit or zoning certificate issued in conflict with the provisions of this Title shall be void.

   B.   Application: Every application for a building permit, which shall also be deemed an application for a zoning certificate, shall be made in duplicate in such a form as the Zoning Official may, from time to time, provide, and shall include:

      1.   Plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings and structures already existing, if any; the location and dimensions of all proposed off- street parking and loading spaces and access ways thereof; and such other matters as the Zoning Official may deem necessary to determine conformance with this Title.

      2.   Information describing the existing and proposed use of each building and land area on the lot; the number of families or dwelling units proposed to be accommodated, and such other matters as the Zoning Official may deem necessary to determine conformance with this Title.

      3.   A certificate of a registered architect or a registered structural engineer licensed by the State, if no architect or engineer is required, affidavits of the owner and builder, that the proposed construction and the proposed use thereof comply with all provisions of this Title, or stating the extent of noncompliance.

      4.   Certificate by the Village Engineer, when applicable, that the proposed construction development or building is in accordance with plans as required under Chapter 3 of this Title and that the required performance bond has been filed as well as the required permit.

   C.   Action By Zoning Official: Within fifteen (15) days after the receipt of an application for a zoning certificate, the Zoning Official shall issue the certificate; provided, all applicable provisions of this Title are complied with, or the Zoning Official shall refuse to issue a zoning certificate and shall advise the applicant in writing of the reasons for refusal. If the Zoning Official fails to act within fifteen (15) days, the applicant may then file with the Zoning Official a written demand, the applicant may treat the application as denied and may appeal from such denial to the Village Planning and Zoning Board in the manner and subject to the standard of Section 10-12-11 of the Chapter.

   D.   Period Of Validity: No building permit shall be valid for a period longer than one hundred eighty (180) days from the date of its issuance, unless the work authorized by it is substantially under way by the end of said period. The Zoning Official may extend a building period for one (1) year for commercial and industrial construction. Failure to complete construction in a timely manner will result in a public hearing by the Village Planning and Zoning Board, with the imposition of penalties as outlined in Section 10-12-16.

   A.   Certificate Required: No building or addition thereto, constructed after the effective date of this Title, no addition to a previously existing building, shall be occupied, no land vacant on the effective date of this comprehensive amendment shall be used for any purpose, and no change in a use of either land or building shall be made, until a certificate of occupancy has been issued by the office of the Zoning Official. No such occupancy certificate shall be issued unless it is certified by the Zoning Official that the proposed use or occupancy complies with all the provisions of this Title. Every certificate of occupancy shall state that the use or occupancy complies with all the provisions of this Tile and any certificate of occupancy issued in conflict with the provisions of this Title shall be void.

   B.   Application: Every application for a building permit shall also be deemed an application for a certificate of occupancy. Where no building permit is required, an application for a certificate of occupancy shall be made to the Zoning Official in such form as he may from time to time provide.

   C.   Issuance: No certificate of occupancy for a building, structure or portion thereof, constructed after the effective date of this Title shall be issued until construction has been completed and the premises inspected and certified to be in conformity with the plans and specification upon which the building permit and certificate were based. Pending issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period of six (6) months from its date, during the completion of any addition or during partial occupancy of the premises. A certificate of occupancy shall be issued, or written notice shall be given, to the applicant, stating the reasons why a certificate cannot be issued, no later than two (2) working days after the Zoning Official is notified in writing that the building or premises is ready for occupancy.

   D.   Period Of Validity: No certificate of occupancy shall be valid for a period longer than ninety (90) days from the date of its issuance, unless the use or occupancy authorized by it shall have been established within such period.

   A.   Authority: The Village Planning and Zoning Board, after a public hearing, shall recommend to the Village Board any variance of the regulations of this Title and only in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Title relating to the use, construction or alterations of buildings or structures or the use of land in harmony with their general purpose and intent of the regulations where such Board makes findings of fact in accordance with the standards hereinafter prescribed, and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Title relating to the use, construction, or alteration of buildings or structures on the use of land.

   B.   Application And Notice Of Hearing: An application for a variation shall be filed in writing with the Zoning Official. The application shall contain such information as the Zoning Board and Village Board may, by rule, require. Notice of the time and place of such public hearing shall be published at least once in the official newspaper, said publication to be made not more than thirty (30) nor less than fifteen (15) days before the date of the hearing.

   C.   The Village Planning and Zoning Board shall not recommend to vary the provisions of this Title as authorized in this Section, unless it shall have made findings based upon the evidence presented to it in the following cases:

      1.   That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone.

      2.   That the plight of the owner is due to unique circumstances.

      3.   That the variation, if granted, will not alter the essential character of the neighborhood.

   D.   A variation shall be permitted only if the evidence, in the judgment of the Village Planning and Zoning Board, sustains each of the three (3) conditions enumerated above.

   E.   For the purpose of supplementing the above standards, the Village Planning and Zoning Board, in making its recommendation whenever there are practical difficulties or particular hardship shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

      1.   That the particular physical surroundings, shape or topographical conditions of the specific property involved will bring a particular hardship upon the owner as distinguished from a mere inconvenience if the letter of the regulations were carried out;

      2.   That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;

      3.   That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;

      4.   That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

      5.   That the granting of the variation will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; or

      6.   That the proposed variation will not impair an adequate supply of air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

   F.   The Village Planning and Zoning Board may require or recommend such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards set forth in this Section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this Title.

   G.   Effective Period: No order of the Village Board granting a variation shall be valid for a period longer than one hundred eighty (180) days from the date of such order, unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The Village Board may grant one extension of this period, valid for no more than one hundred eighty (180) additional days, upon written application and good cause shown, without notice or hearing. If any of the benefits conferred by a variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one year, said variation shall, to the extent of such abandonment or lack of utilization, become valid after a public hearing as provided herein.

   H.   Decisions: Not more than sixty (60) days after the close of the public hearing, the Village Planning and Zoning Board shall make its findings of fact and its recommendation, in writing, to the Village Board. The concurring vote of four (4) members of the Board shall be necessary to grant a variation. The Village Board may, through a motion passed by a majority. Shall affirm or decline the recommendation.

   I.   In a decision regarding a variance, the Village Planning and Zoning Board shall reach its decision within ninety (90) days from the date of filing of the variance, or it shall be deemed to have been denied.

   A.   Authority: The Village Planning and Zoning Board shall hear and make recommendations to the Village Board appeals from an administrative order, requirement or determination under this Title.

   B.   Scope Of Appeals: An appeal, in which it is alleged that there is error in any decision made by the Zoning Official under this Title, may be taken to the Village Planning and Zoning Board by any person or governmental agency aggrieved by such decision or by any department, or officer of the Village. Such an appeal shall be taken within such time as shall be prescribed by the Board by rule, by filing with the Village Clerk a notice of appeal in such form as the Board may provide by rule. The Village Clerk shall, without delay, forward to the Board a copy of the notice of appeal together with all the papers consulting the record upon which the decision appealed from was made.

   C.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the decision appealed unless the Zoning Official certifies to the Village Planning and Zoning Board after the notice of the 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 unless by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the Zoning Official and on due cause shown.

   D.   Hearing: The Village Planning and Zoning Board shall render a written recommendation on the appeal within a reasonable time, but in no event more than sixty (60) days after the closing of the public hearings, and shall promptly forward a copy of the recommendation to the Village Board. The Village Board may affirm or may reverse, wholly or in part, or modify the decision of the Zoning Official, as in its opinion ought to be done, and to that end shall have the powers of the Zoning Official. All decisions of the Village Board shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable Illinois statutes.

   A.   Purpose: This Title is based upon the division of the Village into districts, within which the use of land, and the uses of bulk of buildings and structures, are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into three (3) categories:

      1.   Uses publicly operated or traditionally affected with a public interest;

      2.   Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property, public facilities, or the Village as a whole; and

      3.   Uses, either public or private, that because of past or present conditions, need special consideration.

   B.   Authority: Special use permits shall be reviewed and heard by the Village Planning and Zoning Board, but only in accordance with the requirements hereinafter set forth. The Village Planning and Zoning Board shall make their recommendations to the Village Board.

   C.   Application And Notice Of Hearing: An application for a special use permit shall be filed in duplicate with the Zoning Official, who shall forward a copy of the application to the Village Planning and Zoning Board. The application shall be in such form, contain such information, and be accompanied by such plans, as the Village Board, Village Planning and Zoning Board, or Zoning Official may deem appropriate. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) nor more than thirty (30) days, before the hearing, in a newspaper of general circulation in the Village. The published notice may be supplemented by such additional form of notice as the Board may provide by rule. The appellant shall have notified all adjoining owners by certified letter, return receipt requested, at least five (5) days prior to the hearing. The letter shall indicate the time, place and date of the public hearing and give a description of the request.

   D.   Standards:

      1.   The extent to which the proposed special use departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimensions, area, bulk, and uses, and the reasons why such departures are deemed to be in the public interest.

      2.   In what respects the proposed special use meets the requirements and standards of the special use regulations.

      3.   The method by which the proposed special use makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated, common open space and furthers the amenities of light and air, recreation and visual enjoyment.

      4.   The relationship and compatibility of the proposed special use to adjacent properties and neighborhoods.

      5.   The desirability of the proposed special use to physical development, tax base and economic well-being of the Village.

      6.   The conformity with the intent and spirit of the Comprehensive Plans of the Village.

   E.   Recommendation By The Village Planning And Zoning Board: Within sixty (60) days after the close of the hearing, unless the applicant shall have consented to a longer period, the Village Planning and Zoning Board shall transmit to the Village Board a written report giving its findings and recommendations for special use permits issued, and on the restrictions to be imposed upon the premises benefitted by the special use permit.

   F.   Standards: No special use permit may be granted unless:

      1.   The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

      2.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair values within the neighborhood.

      3.   The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

      4.   Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.

      5.   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

      6.   The special use shall in all other respects conform to the applicable regulation of the district in which it is located, except as such regulations may in each instance be modified by the Village Board pursuant to the recommendation of the Village Planning and Zoning Board.

      7.   At least one year has lapsed since any denial by the Village Board of any prior application for a special use permit that would have authorized substantially the same for all or part of the sites, unless it can be determined that conditions in the areas have substantially changed to deem reconsideration.

   A.   Authority: The districts established by this Title may be amended from time to time by the Village Board through the enactment of an amending ordinance. No such amendment shall be made without a public hearing before the Village Planning and Zoning Board and a report of findings and recommendations submitted to the Village Board by the Village Planning and Zoning Board.

   B   Initiation: Amendments may be proposed by the Village Board, Village Planning and Zoning Board, and by any other person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest in which is specifically enforceable on the land which is described in the application for an amendment.

No application for amendment to this Title shall be made which proposes reclassification of any of the same property for the same zoning district that has been subject of a public hearing held by the Village Planning and Zoning Board within twelve (12) months preceding the date of filing.

   C.   Processing: The process for obtaining an amendment shall be as follows:

      1.   An application for an amendment shall be filed with the Zoning Official and thereafter entered into the records of the first meeting thereafter of the Village Board. The application shall be in such form as to contain such information and be accompanied by such plans as the Village Planning and Zoning Board and Village Board by rule may require.

      2.   A copy of such application shall thereafter be forwarded by the Zoning Official to the Village Planning and Zoning Board with a request to hold a public hearing.

      3.   The Village Planning and Zoning Board shall hold a public hearing within ninety (90) days after receiving the application from the Zoning Official. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) nor more than thirty (30) days, before the hearing, in a newspaper of general circulation in the Village. The published notice may be supplemented by such additional form of notice as the Village Planning and Zoning Board and Village Board may provide by rule. The appellant shall have notified all adjoining owners by certified letter, return receipt requested, at least five (5) days prior to the hearing. The letter shall indicate the time, place and date of the public hearing and give a description of the request.

      4.   The Village Planning and Zoning Board shall, within sixty (60) days after the hearing, transmit a written report giving its findings and recommendations to the Village Board.

      5.   Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Village Planning and Zoning Board shall make findings based upon the evidence presented to it in each specified case with respect to the following matters:

         a.   Existing uses of property within the general area of the property in question.

         b.   The zoning classification of property within the general area of the property in question.

         c.   The suitability of the property in question for the use permitted under the existing zoning classification.

         d.   The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.

         e.   Conformance or nonconformance with officially adopted plans of the Village.

         f.   The proposed amendment is in the public interest and is not solely for the interest of the applicant.

   D.   Decisions: The Village Board, upon recommendation of the Village Planning and Zoning Board, may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the Village Planning and Zoning Board for further consideration.

In cases of written protest against any proposed amendment, signed and acknowledged by the owner of twenty percent (20%) of the frontage proposed to be altered or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the favorable vote of five (5) members of the Village Board.

   If no action is taken by the Village Board within six (6) months after the report of the Village Planning and Zoning Board, the application shall be deemed to have been denied and shall not thereafter be granted.

   A.   Notice Of Publication: Notice of the time and place of the hearing of any proposed variation, special use, amendment, or planned development shall be given by the Zoning Official not more than thirty (30) days nor less than fifteen (15) days before the hearing by publishing such notice at least once in one or more newspapers published in the Village or in general circulation within the Village.

   B.   Contents of Notice: In each case where notice is required to be given under this Section, such notice shall contain the following information:

      1.   Time and place of public hearing.

      2.   Common street address and legal description of subject property.

      3.   A brief statement setting forth the nature of the proposed variation, special use, amendment, or planned development.

      4.   The name of each applicant.

   C.   Notice To Owners Of Nearby Property:

      1.   At the time of the filing of an application for any proposed variation, special use, amendment or planned development, the applicant shall furnish to the Zoning Official a complete list containing the names and addresses of the owners of all property adjacent to or across from the subject site. The public roads, streets, alleys, and other public ways shall be excluded in determining this requirement. The property owners to be notified shall be those whom were sent tax bills for the general taxes for the last preceding tax year. The Village Planning and Zoning Board or Village Planning and Zoning Board shall hear no case unless the applicant furnishes such list.

      2.   The applicant for such zoning action shall send written notice to all persons whose names appear on the adjoining property owners list. The applicant shall be responsible for providing the Zoning Official with the receipts at least twenty four (24) hours prior to the public hearing.

   A.   Authority: The Zoning Official is authorized by this Title to issue a temporary permit for uses specifically authorized in particular zoning districts as temporary permit uses.

   B.   Hearing: The Zoning Official may, if he so desires, hold a public hearing on the request for a temporary permit, or may contract the property owners affected by the proposed use regarding their opinion of the use.

   C.   Conditions. The Zoning Official may require that certain conditions relating to the public health, safety or general welfare be complied with before the issuance of a temporary permit.

   D.   Decisions: The Zoning Official shall render a written decision on the application for a temporary permit within a reasonable time and promptly forward a copy of the decision to the petitioner. Appeals from the decision of the Zoning Official can be made to the Village Board.

The Village Board shall establish a schedule of fees, charges and expenses required for building permits, zoning certificates, certificates of occupancy, variation, special use permits, temporary use permits, amendments, signs and other matters pertaining to this Title.

Until all such required fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application.

All fees shall be paid to the office of the Zoning Official or the office of the Village Clerk.

Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists enforcement of any provisions of this Title, shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000.00) for each offense. Each day a violation is permitted to exist after notification shall constitute a separate offense.

The owner or tenant of any building, structure or land, and any architect, planner, surveyor, engineer, realtor, attorney, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation.

   A.   Scope Of Authority:

      1.   A variance, special use permit or change in zoning may be reverted or revoked as provided in this Chapter if the testimony upon which such variance, special use, permitted use or zoning change was falsely given.

      2.   A change of zoning shall be reverted as provided for in this Chapter if the permitted variance, special use or permitted use is not in full compliance with the applicable requirements of this Title.

      3.   A change of zoning may be reverted as provided for in this Title if the land zoned has not been put to use as allowed in such zoned district within three (3) years of its change of zoning.

   B.   Initiation: Reversions may be proposed by the Village Board, Planning Commission, Zoning Board of Appeals or by any person aggrieved by a variance, special use permit or change in zoning.

   C.   Processing: The process for reverting a variance or special use permit or change in zoning shall be as follows:

      1.   An application for a reversion shall be filed with the Zoning Official and shall be in such form, contain such information and be accompanied by such plans as the Zoning Board of Appeals or Planning Commission by rule may require.

      2.   A copy of such application shall thereafter be forwarded by the Zoning Official to the Zoning Board of Appeals or Planning Commission with a request to hold a public hearing.

The Planning Commission shall hear special use requests and changes in zoning. The Zoning Board of Appeals shall hear reversions of variances.

      3.   The Zoning Board of Appeals or Planning Commission shall hold a public hearing within ninety (90) days after receiving the application from the Zoning Official. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) nor more than thirty (30) days before the hearing in a newspaper of general circulation in the Village. A copy of such notice shall be mailed by registered letter, return receipt requested, to the current interest holders of the land as found on the last tax assessment.

      4.   The public hearing shall be held in the Village Hall.

      5.   The Zoning Board of Appeals or Planning Commission shall, within sixty (60) days after the hearing, transmit a written report giving its findings and recommendations to the Village Board.

   D.   Decision: The Village Board of Trustees, upon recommendation of the Zoning Board of Appeals or Planning Commission, may grant or deny any proposed reversion or may refer it back to the Zoning Board of Appeals or Planning Commission for further consideration.