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Heyworth City Zoning Code

CHAPTER 5

ADMINISTRATION AND ENFORCEMENT

11-5-1: ADMINISTRATION AND ENFORCEMENT OFFICIALS:

It shall be the duties of the zoning administrator, zoning and administrative review committee, and/or the zoning board of appeals to administer and enforce the provisions of this title as set forth herein:
   A.   Zoning Administrator: The zoning administrator shall be the general administrating official of this title and shall administer and enforce the provisions hereof.
   B.   Zoning And Administrative Review Committee: The zoning and administrative review committee shall administer and enforce the provisions of this title as specifically set forth in this title and per the ordinances and resolutions of the village. In the event the office of the zoning administrator is vacant, the zoning and administrative review committee shall have the authority to monitor compliance with the provisions of this title and make recommendations of action to the board of trustees when an apparent violation of this title has or likely will occur.
   C.   Zoning Board Of Appeals: The zoning board of appeals shall administer and enforce the provisions of this title as set forth herein. See title 2, chapter 1 of the village code for further information on the zoning board of appeals. (Ord. 2009-36, 4-6-2009; amd. Ord. 2020-26, 5-7-2020)

11-5-2: PERMITS REQUIRED:

   A.   Building Permit: It shall be a violation of this chapter to commence any demolition or construction related activity as set forth in title 10, chapter 3 of the village code unless a building permit is issued by the village. See the provisions of title 10, chapter 3 of the village code for the requirements for issuance of a building permit.
   B.   Certificate Of Occupancy: It shall be a violation of this chapter for any person, firm, corporation or any other business entity to occupy, or for any owner or agent thereof to permit the occupancy of, any building or structure or addition thereto, or part thereof, for any purpose unless and until an occupancy permit, which shall state that the occupancy complies with one of the types of occupancy permit provisions of title 10, chapter 5 of the village code, is issued. See the provisions of title 10, chapter 5 of the village code for the requirements for issuance of an occupancy permit.
   C.   Additional Permits: It shall be a violation of this chapter for any person, firm, corporation or any other business entity to fail to obtain any additional permits that may be required per the village code. It is the responsibility of the owner to satisfy any additional permitting requirements of the village. (Ord. 2009-36, 4-6-2009)

11-5-3: ZONING TEXT AMENDMENTS:

   A.   Application: This section shall apply to any zoning text amendments which are amendments to this title.
   B.   Authority: The regulations imposed under the authority of this title may be amended by ordinance in accordance with applicable state statutes and the requirements established in this section.
   C.   Requirements: A zoning text amendment shall be approved or denied by the village board of trustees by ordinance only after a public hearing, with notice of the hearing being posted and published not less than fifteen (15) nor more than thirty (30) days prior to the hearing and as is required by law, is held by the zoning board of appeals, and a report of its findings and recommendations has been submitted to the village board of trustees.
   D.   Initiation Of Amendment: Amendments to the regulations imposed hereby or zoning text amendments may be proposed by:
      1.   The board of trustees by submitting the proposed amendments to the zoning board of appeals for review at a public hearing;
      2.   A designee authorized by the board of trustees by submitting the proposed amendments to the zoning board of appeals for review at a public hearing; or
      3.   A property owner of property located within the village by filing a completed "zoning amendment application" with the zoning administrator, or in the event that office is vacant, with the office of the village clerk, with payment of the appropriate applicable fees. See section 11-5-8 of this chapter for the fees required. Upon receipt of a properly completed "zoning amendment application" and required fees for a zoning text amendment, the village clerk or his designee shall forward the application to the zoning administrator, or in event that office is vacant, then the zoning and administrative review committee of the village for review and recommendation prior to a public hearing being held on the zoning text amendment request. The information required in the "zoning amendment application" is considered the minimum required information, and the appropriate administrating committee may hereby request additional relevant information that may aid in determining a zoning amendment request.
   E.   Review Procedure:
      1.   Standards Of Review: When reviewing a proposed zoning text amendment, each of the reviewing officials or boards, as stated herein, shall apply the evidence and information presented to each of the standards hereinafter set forth and make a determination as to whether each of the followings standards is met:
         a.   The general purposes and intent of this title shall be adhered to if the zoning text amendment is approved;
         b.   There will be uniformity and coherence with the remaining provisions of this title if the zoning text amendment is approved; and
         c.   The zoning text amendment is in the public interest.
      2.   Administrating Official Review: Upon receipt of a proper request for a zoning text amendment, the appropriate administrating official shall review the "zoning amendment application" and any additional relevant information relating to the specific request within fourteen (14) calendar days from which the request was properly submitted. When reviewing the request and in making its recommendation, the appropriate administrating official shall apply the standards of review set forth herein to the zoning text amendment request. After a determination of each standard of review has been made, the appropriate administrating official shall submit its recommendation, in writing, to the zoning board of appeals.
      3.   Zoning Board Of Appeals Review; Public Hearing, Notice And Findings Of Fact: After the proposed amendments from the board of trustees or from a designee of the board of trustees have been submitted, or the recommendation, in writing, by the appropriate administrating official is submitted to the chair of the zoning board of appeals, the chair of the zoning board of appeals shall cause a public hearing to be held and shall provide notice of the hearing as is required by law which shall be published not less than fifteen (15) nor more than thirty (30) days from the date of the hearing on the request for the zoning text amendment. At the public hearing, the zoning board of appeals shall consider the proposed amendments and, if applicable, the recommendation of the appropriate administrating official, shall review the information provided with the application for the zoning text amendment, and hear evidence presented by the applicant. At the close of the hearing, the zoning board of appeals shall apply the information and evidence presented to each standard of review stated herein and shall state aloud to the public and state in writing, in a document known as the "findings of fact", whether each of standards of review stated herein has been met. If each standard is met, the zoning board of appeals shall recommend the approval of the zoning text amendment request. If each standard is not met, the zoning board of appeals shall recommend denial of the zoning text amendment request. The chair of the zoning board of appeals shall then submit the findings of fact to the board of trustees within five (5) days of the close of the public hearing(s) on the zoning amendment request.
      4.   Board Of Trustees Review: The board of trustees, after receipt of the findings of fact from the zoning board of appeals and, without further public hearing, shall approve or deny the proposed zoning text amendment by ordinance. When deciding upon the ordinance, the board of trustees shall consider the recommendation of the appropriate administrating official, the findings of fact of the zoning board of appeals and whether each standard of review has been met.
   F.   Renewal Of Rejected Amendment Request: No request for a zoning text amendment which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of error in the original proceedings or change of conditions, in either case, found to be valid by the board of trustees. (Ord. 2009-36, 4-6-2009; amd. 2011 Code; Ord. 2020-26, 5-7-2020)

11-5-4: ZONING MAP AMENDMENTS; REZONINGS:

   A.   Application: This section shall apply to any rezoning of property, which is referred to as a "zoning map amendment", located within the jurisdiction of the village.
   B.   Authority: The zoning districts created under the authority of this title may be amended or rezoned by ordinance in accordance with applicable state statutes and the requirements of this section.
   C.   Requirements: A zoning map amendment shall be approved or denied by the village board of trustees by ordinance only after a public hearing, with notice of the hearing being posted and published not less than fifteen (15) nor more than thirty (30) days prior to the hearing and as is required by law, is held by the zoning board of appeals, and a report of its findings and recommendations has been submitted to the village board of trustees.
   D.   Initiation Of Amendment: Amendments to the zoning districts created hereby, which are also referred to as a "rezoning", may be proposed by:
      1.   The board of trustees by submitting the proposed amendments to the zoning board of appeals for review at a public hearing;
      2.   A designee authorized by the board of trustees by submitting the proposed amendments to the zoning board of appeals for review at a public hearing; or
      3.   A property owner of property located within the village by filing a completed zoning amendment application with the zoning administrator, or in the event that office is vacant, with the office of the village clerk, with payment of the appropriate applicable fees. See section 11-5-8 of this chapter for the fees required. Upon receipt of a properly completed zoning amendment application and required fees for a zoning map amendment, the village clerk or his designee shall forward the application to the zoning administrator, or in event that office is vacant, then the zoning and administrative review committee of the village for review and recommendation prior to a public hearing being held on the zoning map amendment request. The information required in the zoning amendment application is considered the minimum required information, and the appropriate administrating committee may hereby request additional relevant information that may aid in determining a zoning amendment request.
   E.   Review Procedure:
      1.   Standards Of Review: When reviewing a proposed zoning map amendment, each of the reviewing officials or boards, as stated herein, shall apply the evidence and information presented to each of the standards hereinafter set forth and make a determination as to whether each of the following standards is met:
         a.   The suitability of the subject property for uses authorized by the existing zoning.
         b.   The length of time the property has remained vacant as zoned considered in the context of land development in the area.
         c.   The suitability of the subject property for uses authorized by the proposed zoning.
         d.   Compatibility with the existing land uses of nearby property.
         e.   Compatibility with existing zoning districts of nearby property.
         f.   The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification.
         g.   Relative gain or hardship to the public as contrasted and compared to the hardship or gain of the individual property owner resulting from the approval or denial of the proposed zoning map amendment.
         h.   The adoption of such amendment is in the public interest and is not solely for the interest of the applicant.
      2.   Administrating Official Review: Upon receipt of a proper request for a zoning map amendment, the appropriate administrating official shall review the zoning amendment application and any additional relevant information relating to the specific request within fourteen (14) calendar days from which the request was properly submitted. When reviewing the request and in making its recommendation, the appropriate administrating official shall apply the standards of review set forth herein to the zoning map amendment request. After a determination of each standard of review has been made, the appropriate administrating official shall submit his recommendation, in writing, to the zoning board of appeals.
      3.   Zoning Board Of Appeals Review; Public Hearing, Notice And Findings Of Fact: After a recommendation is submitted, in writing, by the appropriate administrating official to the chair of the zoning board of appeals, the chair of the zoning board of appeals shall cause a public hearing to be held and shall provide notice of the hearing as is required by law which shall be published not less than fifteen (15) nor more than thirty (30) days from the date of the hearing on the request for the zoning map amendment. At the public hearing, the zoning board of appeals shall consider the recommendation of the appropriate administrating official, review the information provided with the application for the zoning map amendment, and hear evidence presented by the applicant. At the close of the hearing, the zoning board of appeals shall apply the information and evidence provided to each standard of review stated herein and shall state aloud to the public and state in writing, in a document known as the "findings of fact", whether each of the standards of review stated herein has been met. If each standard is met, the zoning board of appeals shall recommend the approval of the zoning map amendment request. If each standard is not met, the zoning board of appeals shall recommend denial of the zoning map amendment request. The chair of the zoning board of appeals shall then submit the findings of fact to the board of trustees within five (5) days of the close of the public hearing(s) on the zoning map amendment request.
      4.   Board Of Trustees Review: The board of trustees, after receipt of the findings of fact from the zoning board of appeals, and without further public hearing, shall approve or deny the proposed zoning map amendment by ordinance. When deciding upon the ordinance, the board of trustees shall consider, if applicable, the recommendation of the appropriate administrating official, the findings of fact of the zoning board of appeals and whether each standard of review has been met.
   F.   Protest Of Amendment: If there is a written protest against any proposed zoning map amendment filed with the village clerk, and which is signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage directly opposite of the frontage to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, the zoning map amendment cannot be passed except on the favorable vote of two-thirds (2/3) of the board of trustees.
   G.   Renewal Of Rejected Amendment: No request for a zoning map amendment which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of error in the original proceedings or change of conditions, in either case, found to be valid by the board of trustees. (Ord. 2009-36, 4-6-2009; amd. 2011 Code; Ord. 2020-26, 5-7-2020)

11-5-5: VARIANCES:

   A.   Application: This section shall apply to any request for a zoning variance to property located within the jurisdiction of the village.
   B.   Authority: When strict compliance with the requirements and provisions of this title causes or will likely cause a particular hardship on a property owner, a variance from the requirements and provisions created under the authority of this title may be granted by ordinance in accordance with applicable state statutes and the requirements of this section.
   C.   Requirements: A zoning variance shall be approved or denied by the village board of trustees by ordinance only after a public hearing, with notice of the hearing being posted and published not less than fifteen (15) nor more than thirty (30) days prior to the hearing and as is required by law, is held by the zoning board of appeals, and a report of its findings and recommendations has been submitted to the village board of trustees. (Ord. 2009-36, 4-6-2009)
   D.   Initiation Of Variance Request: A variance may be requested by any property owner of property located within the village by filing a zoning variance application,**** with payment of the appropriate applicable fees, with the zoning administrator, or in the event that office is vacant, with the office of the village clerk, who shall forward the zoning variance application to the chair of the zoning and administrative review committee of the village. See section 11-5-8 of this chapter for the fees required. Upon receipt of a properly completed zoning variance application and required fees, the appropriate administrating official, which shall be the zoning administrator, or in the event that office is vacant, the zoning and administrative review committee, shall administer the review of the zoning variance application prior to a public hearing being held on the variance request. The information required in the zoning variance application is considered the minimum required information, and the appropriate administrating official may hereby request additional relevant information that may aid in the determination of a zoning variance request. (Ord. 2009-36, 4-6-2009; amd. 2011 Code)
   E.   Review Procedure:
      1.   Standards Of Review: When reviewing a proposed zoning variance, each of the reviewing officials or boards, as stated herein, shall apply the evidence and information presented to each of the standards hereinafter set forth and make a determination as to whether each of the followings standards is met:
         a.   The particular physical surroundings, shape, or topographical conditions of the specific property involved is causing or will cause a particular hardship upon the owner as distinguished from a mere inconvenience or better use if the strict letter of the regulation were to be carried out;
         b.   The conditions and hardships upon which the application for variation is based are significantly greater than other applicable properties within the same zoning classification;
         c.   The purpose of the variation is not based exclusively upon a desire to receive financial gain on the property;
         d.   The alleged difficulty or hardship has not been created by any person presently having an interest in the property;
         e.   The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhoods; and
         f.   The general purpose and intent of this title will be adhered to should the variance be granted. (Ord. 2009-36, 4-6-2009)
      2.   Administrating Official Review: Upon receipt of a proper request for a zoning variance, the appropriate administrating official shall review the "zoning variance application" and any additional relevant information relating to the specific request within fourteen (14) calendar days from which the request was properly submitted. When reviewing the request and in making its recommendation, the appropriate administrating official shall apply the standards of review set forth herein to the zoning variance request. After a determination of each standard of review has been made, the appropriate administrating official shall submit its recommendation, in writing, to the zoning board of appeals. (Ord. 2009-36, 4-6-2009; amd. 2011 Code)
      3.   Zoning Board Of Appeals Review; Public Hearing, Notice And Findings Of Fact: After a recommendation is submitted, in writing, by the appropriate administrating official to the chair of the zoning board of appeals, the chair of the zoning board of appeals shall cause a public hearing to be held and shall provide notice of the hearing as is required by law which shall be published not less than fifteen (15) nor more than thirty (30) days from the date of the hearing on the request for the zoning variance. At the public hearing, the zoning board of appeals shall consider the recommendation of the appropriate administrating official, review the information provided with the application for the zoning variance, and hear evidence presented by the applicant. At the close of the hearing, the zoning board of appeals shall apply the information and evidence provided to each standard of review stated herein and shall state aloud to the public and state in writing, in a document known as the "findings of fact", whether each of standards of review stated herein has been met. If each standard is met, the zoning board of appeals shall recommend the approval of the zoning variance request. If each standard is not met, the zoning board of appeals should recommend denial of the zoning variance request. The chair of the zoning board of appeals shall then submit the findings of fact to the board of trustees within five (5) days of the close of the public hearing(s) on the zoning variance request.
      4.   Board Of Trustees Review: The board of trustees, after receipt of the findings of fact from the zoning board of appeals, and without further public hearing, shall approve or deny the proposed zoning variance request by ordinance. When deciding upon the ordinance, the board of trustees shall consider the recommendation of the appropriate administrating official, the findings of fact of the zoning board of appeals and whether each standard of review has been met.
   F.   Protest Of Variance Request: If there is a written protest filed with the village clerk against any proposed zoning variance, which is signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage directly opposite of the frontage to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, the variance cannot be passed except on the favorable vote of two-thirds (2/3) of the board of trustees.
   G.   Renewal Of Rejected Request: No request for a zoning variance which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of error in the original proceedings or change of conditions, in either case, found to be valid by the board of trustees. (Ord. 2009-36, 4-6-2009)

11-5-6: SPECIAL USE REGULATIONS:

   A.   Application: This section shall apply to any request for a special use permit, which is also referred to as a "conditional use permit", for property located within the jurisdiction of the village.
   B.   Authority: When, upon determination by the board of trustees that a use of land is either necessary or generally appropriate in the village but requires special regulation because of unique or unusual impacts associated with the use, a special use permit shall hereby be required and may be issued by the board of trustees by ordinance in accordance with applicable state statutes and the requirements of this chapter. See chapter 7 of this title for uses prohibited, permitted or that require a special use permit.
   C.   Requirements: A request for a special use permit shall be approved or denied by the village board of trustees by ordinance only after a public hearing, with notice of the hearing being posted and published not less than fifteen (15) nor more than thirty (30) days prior to the hearing as is required by law, is held by the zoning board of appeals, and a report of its findings and recommendations has been submitted to the village board of trustees. (Ord. 2009-36, 4-6-2009)
   D.   Initiation Of Request For Special Use Permit: A special use permit may be requested by any property owner of property located within the village by filing a special use permit application,**** with payment of the appropriate applicable fees, with the zoning administrator, or in the event that office is vacant, with the office of the village clerk, who shall forward the special use permit application to the chair of the administrating official which shall be the zoning and administrative review committee of the village. See section 11-5-8 of this chapter for the fees required. Upon receipt of a properly completed special use permit application and required fees, the appropriate administrating official shall administer the review of the special use permit application prior to a public hearing being held on the variance request. The information required in the special use permit application is considered the minimum required information, and the appropriate administrating official may hereby request additional relevant information that may aid in the determination of a zoning special use permit request. (Ord. 2009-36, 4-6-2009; amd. 2011 Code)
   E.   Review Procedure:
      1.   Standards Of Review: When reviewing a request for a special use permit, each of the reviewing officials or boards, as stated herein, shall apply the evidence and information presented to each of the standards hereinafter set forth and make a determination as to whether each of the following standards is met:
         a.   The general purposes and intent of this title shall be adhered to if the special use permit is issued;
         b.   The subject property is suitable for the proposed special use;
         c.   The proposed special use is compatible with the use of nearby properties;
         d.   The proposed special use will not impair an adequate supply of light and air to adjacent property, substantially increase the danger of fire, or otherwise endanger the public health, safety or welfare of properties in the neighborhood;
         e.   The proposed special use will not substantially diminish or impair property values within the neighborhoods; and
         f.   The proposed special use would fit the trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. (Ord. 2009-36, 4-6-2009)
      2.   Administrating Official Review: Upon receipt of a proper request for a zoning special use permit, the appropriate administrating official shall review the special use permit application and any additional relevant information relating to the specific request within fourteen (14) calendar days from which the request was properly submitted. When reviewing the request and in making its recommendation, the appropriate administrating official shall apply the standards of review set forth herein to the zoning special use permit request. After a determination of each standard of review has been made, the appropriate administrating official shall submit its recommendation, in writing, to the zoning board of appeals. (Ord. 2009-36, 4-6-2009; amd. 2011 Code)
      3.   Zoning Board Of Appeals Review; Public Hearing, Notice And Findings Of Fact: After a recommendation is submitted, in writing, by the appropriate administrating official to the chair of the zoning board of appeals, the chair of the zoning board of appeals shall cause a public hearing to be held and shall provide notice of the hearing as is required by law which shall be published not less than fifteen (15) nor more than thirty (30) days from the date of the hearing on the request for special use permit. At the public hearing, the zoning board of appeals shall consider the recommendation of the appropriate administrating official, review the information provided with the application for the special use permit, and hear evidence presented by the applicant. At the close of the hearing, the zoning board of appeals shall apply the information and evidence provided to each standard of review stated herein and shall state aloud to the public and state in writing, in a document known as the "findings of fact", whether each of standards of review stated herein has been met. If each standard is met, the zoning board of appeals shall recommend approval of the special use permit request. If each standard is not met, the zoning board of appeals shall recommend denial of the special use permit request. The chair of the zoning board of appeals shall then submit the findings of fact to the board of trustees within five (5) days of the close of the public hearing(s) on the special use permit request.
      4.   Board Of Trustees Review: The board of trustees, after receipt of the findings of fact from the zoning board of appeals, and without further public hearing, shall approve or deny the special use permit request by ordinance or may refer it back to the zoning board of appeals for further consideration. When deciding upon the ordinance, the board of trustees shall consider the recommendation of the appropriate administrating official, the findings of fact of the zoning board of appeals and whether each standard of review has been met.
   F.   Renewal Of Rejected Request: No request for a special use permit which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of error in the original proceedings or change of conditions, in either case, found to be valid by the board of trustees. (Ord. 2009-36, 4-6-2009)

11-5-7: APPEALS:

   A.   Application: This section shall apply to any administrative order, requirement, decision or determination regarding the regulations of this title by an administrating official of the village.
   B.   Authority: The zoning board of appeals shall hear and decide appeals from an administrative order, requirement, decision, or determination made by the administrating official or other authorized officials of the village relating to the regulations of this title.
   C.   Procedure: An appeal shall be initiated by filing a written statement that shall reference the order, requirement, determination, interpretation or application being appealed and provide a brief statement about the factual situation giving rise to such action, with payment of the applicable fees, in the office of the village clerk. Upon receipt of the written statement and fees, the village clerk shall forward such appeal to the chair of the zoning board of appeals for processing in accordance with the applicable state statutes and the provisions of this section.
   D.   Zoning Board Of Appeals Review:
      1.   Upon receipt of a written statement of appeal, the Chair of the Zoning Board of Appeals shall cause a public hearing to be held and shall provide notice of the hearing as is required by law which shall be published not less than fifteen (15) nor more than thirty (30) days from the date of the hearing on the appeal. At the public hearing, the Zoning Board of Appeals shall review the written statement of appeal and hear evidence as to why the appeal should be granted. At the close of the hearing, the Zoning Board of Appeals shall apply the information and evidence provided to the following standards and make a determination of whether each standard is met:
         a.   The administrative order, requirement, decision, or determination made by the administrating official or other authorized officials of the Village relating to the regulations of this title was misinterpreted or erroneously applied; or
         b.   The administrative order, requirement, decision, or determination made by the administrating official or other authorized officials of the Village relating to the regulations of this title was made upon misinterpreted facts. (Ord. 2009-36, 4-6-2009)
      2.   The Zoning Board of Appeals may modify or reverse the action of the administrating official if either of the foregoing standards is demonstrated. If neither of the foregoing standards is demonstrated, the appeal shall be denied and the administrating official's action sustained. The Zoning Board of Appeals shall not have the authority or power to change, modify, waive or relax requirements or regulations of this Code. (Ord. 2009-36, 4-6-2009; amd. 2011 Code)
   E.   Decisions: All decisions, after hearing before the Zoning Board of Appeals, on appeals from an administrative order, requirement, decision, or determination relating to this title of the administrating officer or other authorized official of the Village shall, in all instances, be final administrative determinations and shall be subject to judicial review in accordance with applicable State Statutes. (Ord. 2009-36, 4-6-2009)

11-5-8: FEES:

   A.   Text Amendments: An application for a text amendment shall be accompanied by a fee of two hundred fifty dollars ($250.00). This fee includes all notice costs.
   B.   Map Amendments: An application for a map amendment shall be accompanied by a fee of two hundred fifty dollars ($250.00). This fee includes all notice costs.
   C.   Variances: An application for a variation shall be accompanied by a fee of two hundred fifty dollars ($250.00). This fee includes all notice costs.
   D.   Special Use Permits: An application for a special use permit shall be accompanied by a fee of two hundred fifty dollars ($250.00). This fee includes all notice costs.
   E.   Appeals: An application for an appeal shall be accompanied by a fee of two hundred fifty dollars ($250.00). This fee includes all notice costs. (Ord. 2015-36, 8-6-2015)

11-5-9: PENALTIES:

   A.   Any person, firm, or corporation, or other business entity, who violates, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this title shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
   B.   Should a violation of this chapter be found, any occupancy or building permit issued by the Village for the property in violation may be revoked or a stop work order may be issued by the appropriate administrating official of the Village. (Ord. 2009-36, 4-6-2009)