A.   Committee Created: There is hereby created the Zoning Committee. The members of the Zoning Committee shall be the same as the Village Board.

   B.   Duties: It shall be the duty of the Zoning Committee to be responsible for the enforcement of the provisions of this Title, hold public hearings where required herein, and have such other duties as the appointing authority may require. (1985 Code § 9-12-1; amd. Ord. 22-04, 4-11-2022)

   A.   Letter Of Compliance:

      1.   Letter of Compliance Required:

         a.   No building or structure hereafter erected or structurally altered shall be occupied and used until a letter of compliance has been issued by the Zoning Committee. The letter of compliance shall be issued only after the Zoning Committee reports a finding that the building has been erected or structurally altered in conformance with the provisions of this Title and other health and building regulations.

         b.   The use of a building already erected at the effective date hereof shall not be changed to some other use or occupied for any other purpose unless the owner applies for and receives a letter compliance; except that no use shall be permitted in a Zone unless such use is authorized in said Zone by this Title.

      2.   Application for Letter; Issuance: A letter of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such buildings shall have been satisfactorily completed. A record of all letters of compliance shall be kept on file in the Office of the Building Official, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.

   B.   Letter of Nonconforming Use: Upon application of any property owner, the Zoning Committee may issue a letter of nonconforming use applicable to the property concerned and extending the time for continuance or abandonment. Fees for the hearing and the issuance of said letter shall be set by the corporate authorities from time to time. (1985 Code § 9-12-2; amd. 2016 Code; Ord. 22-04, 4-11-2022)

   A.   Use Regulations: Any use not specifically enumerated in this Title and not a nonconforming use as defined in Chapter 11 of this Title is hereby declared to be special use, and no such special use shall be made of any lot or building without a public hearing before the Zoning Board of Appeals and the approval of the Village Board by ordinance. The Zoning Board of Appeals shall approve any special use of any lot area or building within any use Zone if, after a public hearing pursuant to notice as provided in cases of variations, it has determined that the special use is necessary at that location for public convenience. All special uses shall conform as nearly as possible to the comparable existing uses for the Zone in which the special use is intended or comparable to the existing uses in a Zone adjacent to or near the lot or building for which the special use is intended. The Zoning Board of Appeals, with the approval of the Village Board, may impose such conditions and restrictions upon the use of the premises benefited as may be necessary to minimize the effect of any special use upon adjacent property.

   B.   Occupancy Use Permit: No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the Building Official. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this Title. (1985 Code § 9-12-3; amd. Ord. 22-04, 4-11-2022)

Application for conditional uses, as defined herein, shall be considered at a public hearing before the Zoning Board of Appeals. The Zoning Board of Appeals shall make its findings of fact and recommendation to the Village Board within thirty (30) days after the public hearing. The Zoning Board of Appeals may recommend such restrictions upon the height and build of any structure so approved for conditional use as may be reasonable under the particular circumstances; provided that such restrictions shall not be more restrictive than the requirements established for the Zone in which such structure is proposed to be located. (1985 Code § 9-12-4; amd. Ord. 22-04, 4-11-2022)

Where public hearings are required under this Title, such hearings shall be held only after notice as in the case of amendments or variations as provided in this Title and as required by state law. (1985 Code § 9-12-5; amd. Ord. 22-04, 4-11-2022)

All amendments to this Title involving changes in use Zones shall only be made after a hearing before the Zoning Committee and then only after a public hearing as provided by statute. Application for a change in a use Zone shall be made on forms furnished by the Village. The fee for said hearing shall be four hundred dollars ($400.00) which shall be paid in advance. (1985 Code § 9-12-6; amd. Ord. 97-31, 12-8-1997; Ord. 22-04, 4-11-2022)

The fee required in section 10-12-6 of this Chapter shall apply to all requests for a variation and all matters to be heard before the Zoning Board of Appeals. (1985 Code § 9-12-7; amd. Ord. 22-04, 4-11-2022)

   A.   Substandard Structures: The Village may acquire by purchase, condemnation, or otherwise, any buildings or structures which do not conform to the standards fixed by the Village under state law, all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures; may remove or demolish all substandard buildings and structures so acquired; may hold and use any remaining property for public purposes; and may sell, lease or exchange such property as is not required for public purposes subject to the provisions of this Title.

   B.   Proceedings To Prevent Violation:

      1.   In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure, or land is used in violation of this title or of any ordinance or other regulation made under the authority conferred thereby or ordinances of the Village, the proper Village authorities, or any owner or tenant of real property in the same contiguous Zone as the building or structure in question, in addition to other remedies, may institute any appropriate action or proceeding to:

         a.   Prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use.

         b.   Prevent the occupancy of the building, structure, or land.

         c.   Prevent any illegal act, conduct, business, or use in or about the premises.

         d.   Restrain, correct or abate the violation.

      2.   When any such action is instituted by an owner or tenant, notice of such action shall be served upon the Village at the time suit is begun by serving a copy of the complaint on the Village President. No such action may be maintained by such owner or tenant until such notice has been given. (1985 Code § 9-12-8; amd. Ord. 22-04, 4-11-2022)

Any person, tenant, lessor or lessee, owner, rental agent, occupant, firm or corporation, or agents, employees or contractors of such, who violate, disobey, omit, neglect, or refuse to comply with, or who resist enforcement of any provision of this Title, shall be subject to a fine as provided in section 10-4-1 of this code for each offense, and each day a violation continues to exist shall constitute a separate offense. The remedies or penalties enumerated herein are cumulative. (1985 Code § 9-12-9; amd. 2016 Code; Ord. 22-04, 4-11-2022)