The administration of this chapter is hereby vested in the following:

(1)

The office of the zoning administrator;

(2)

The zoning board of appeals;

(3)

The plan commission; and

(4)

The president and board of trustees.

Without limiting any authority granted to the village board by state law or by other ordinances of the village, the village board shall have the following powers and duties with respect to this chapter, to be carried out in accordance with the terms of this chapter:

(1)

To determine whether or not to adopt amendments to the text of this chapter after receiving recommendations from the plan commission;

(2)

To determine whether or not to adopt amendments to the zoning district map after receiving recommendations from the plan commission;

(3)

To determine whether or not to adopt amendments to the comprehensive plan after receiving recommendations from the plan commission;

(4)

To determine whether or not to approve (with or without conditions) or deny applications for special uses, as identified and established in this chapter, after receiving recommendations from the plan commission;

(5)

To determine whether or not to approve or deny any decision on appeal of the zoning administrator after receiving recommendations from the zoning board of appeals; and

(6)

To determine whether or not to approve or deny a variation from this chapter after receiving recommendations from the zoning board of appeals.

Any property owner or tenant of real property may notify the zoning administrator, in writing, of the alleged violation. Upon receipt of such notice, the zoning administrator shall take whatever action is warranted and inform the complainant, in writing, what actions have been or will be taken.

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies provided in this chapter.

(a)

If the zoning administrator finds that any provision of this chapter is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the zoning administrator's discretion.

(b)

The final written notice (and the initial written notice may be the final notice) shall state what action the zoning administrator intends to take if the violation is not corrected and shall advise that the zoning administrator's decision or order may be appealed to the zoning board of appeals in accordance with section 82-272.

(c)

Notwithstanding subsections (a) and (b) of this section, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the zoning administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in section 82-46.

(a)

Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions or safeguards established in connection with the grant of a variation or special use permit, shall also subject the offender to a fine as set forth in section 1-10.

(b)

Each day that a violation continues after notification by the zoning administrator that such violation exists shall be considered a separate offense for purposes of the remedies and penalties specified in this section.

(c)

Nothing in this section shall be construed to prevent the village from taking such other lawful action as is necessary or appropriate to prevent or remedy any violation.

(d)

This chapter may also be enforced by any appropriate equitable action.

(e)

Any one, all, or combination of the penalties and remedies set forth in this section may be used to enforce this chapter.

The zoning administrator shall be appointed/designated by the president with the advice and consent of the board of trustees.

(a)

The zoning administrator or his duly appointed and acting assistant shall administer and enforce this chapter. It shall be the duty of the zoning administrator to:

(1)

Receive and process applications for zoning certificates for structures or additions thereto for which building permits are required.

(2)

Receive and process applications for zoning certificates not accompanied by an application for a building permit.

(3)

Receive and process applications for an occupancy certificate after an on-site inspection and upon completion of a structure or when there is a change of use as provided in this chapter to ensure conformity to the provisions of this chapter.

(4)

Conduct inspections of structures or the use of land to determine whether there is compliance with this chapter and, in cases of any violation, notify in writing the person responsible, specifying the nature of the violation and ordering corrective action.

(5)

Maintain in current status the official zoning map.

(6)

Maintain permanent and current records required by this chapter, including, but not limited to, zoning certificates, occupancy certificates, useful life determinations and nonconforming use certificates, inspections, and all official actions on appeals, variations and amendments.

(7)

Prepare and submit an annual report to the village board on the administration of this chapter, setting forth such statistical data and information as may be of interest of value in advancing and furthering the purposes of this chapter.

(8)

Prepare and have available in book, pamphlet or map form, on or before March 31 of each year:

a.

The compiled text of this chapter, including all amendments thereto, through the preceding December 31; and

b.

An official zoning map, or maps, showing the zoning districts, divisions, and classifications in effect on the preceding December 31.

(9)

Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of this chapter, and the rules of the zoning board of appeals. The corporate authorities may establish a fee to be charged any person desiring a copy of such map to defray the cost of publication of such map.

(10)

Act as custodian of the records of the zoning board of appeals.

(11)

Furnish members of the public with such forms for appeals and applications for variations as are approved by the zoning board of appeals.

(12)

Receive on behalf of the hearing officer all such forms, when completed and executed by the appellant or applicant, or his agent or attorney.

(13)

Discharge such other duties as may be placed upon the zoning administrator by this chapter.

(14)

Refer any violation of this chapter to the village attorney for prosecution or other appropriate action when deemed necessary.

(15)

Provide clerical and technical services to the plan commission, including maintaining records thereof, including review, analysis, reports and recommendations on:

a.

Petitions for rezoning.

b.

Text amendments to this chapter.

c.

Special use permit applications.

d.

Planned developments.

e.

Subdivision of property.

f.

Annexations/annexation agreements.

g.

Street, alley and plat vacations.

(b)

The zoning administrator may delegate responsibilities to other personnel within the department, as necessary, to properly administer and enforce the provisions of this chapter.

A zoning board of appeals is hereby authorized and established.

The zoning board of appeals shall consist of five members appointed by the president with the consent of the board of trustees. The terms for zoning board of appeals members shall be four years.

The president shall designate, with confirmation by the board of trustees, one of the members of the zoning board of appeals as chairperson for a period of one year. The zoning board of appeals shall elect a vice-chairperson and such other officers as deemed necessary.

Vacancies on the zoning board of appeals shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. If the office of chairperson is vacated for any reason, the president and board of trustees shall immediately appoint a new chairperson.

The zoning board of appeals shall have the following responsibilities with regard to this chapter:

(1)

Hear and decide appeals in which it is alleged there is an error in any order, requirement, decision, interpretation or determination (referred to collectively as "decision") made by the zoning administrator.

(2)

Hear and review all applications for variations from the regulations and restrictions imposed by this chapter and recommend with respect thereto to the village board.

(3)

Hear and report to the village board on such other matters as may be referred to it by the village board subject to the provisions of this chapter.

(4)

Perform such other duties as may be assigned from time to time by the village board.

All meetings of the zoning board of appeals shall be held at the call of the chairperson of the zoning board of appeals and at such times as he may determine. All hearings required by this chapter to be conducted by the zoning board of appeals shall be open to the public. At meetings and hearings of the zoning board of appeals, any interested person may appear in person or by duly authorized agent or attorney. All testimony before the zoning board of appeals shall be given under oath. The zoning board of appeals shall administer of oaths and may compel the attendance of witnesses. The zoning board of appeals shall keep minutes of its proceedings and shall also keep records of its hearings and other official actions. Every rule, regulation, decision or determination of the zoning board of appeals shall immediately be filed with the zoning administrator and shall be of public record. The zoning board of appeals shall adopt its own rules and procedures, not in conflict with this chapter or applicable state law.