(a)   A Board of Zoning Appeals is hereby created. Such Board shall consist of five members appointed by the Mayor and confirmed by Council. The terms of all members shall be of such length and so arranged that the term of one member will expire each year. Each member shall serve until his or her successor is appointed and confirmed. Members of the Board shall be removable by Council for nonperformance of duty, misconduct in office or other cause upon written charges having been filed with Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail or by leaving the same at his or her usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by the Mayor and confirmed by Council and shall be for the unexpired term.

   (b)   The Board shall organize and adopt rules in accordance with the provisions of this Zoning Code. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or, in his or her absence, the acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. All business of the Board shall be transacted at such meetings. 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. The Board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of Council and be a public record.

   (c)   Appeals to the Board may be taken by any person aggrieved. Such an appeal shall be taken within 20 days after the decision by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. The Board shall fix a reasonable time for the hearing of the appeal, give ten days notice to the parties in interest and decide the same within a reasonable time after it is submitted. Any party may appear in person or by attorney at the hearing.

   (d)   The powers of the Board are to:

      (1)   Interpret the Zoning Code, specifically to:

         A.   Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this Zoning Code;

         B.   Permit the extension of a district where the boundary line of a district divides a lot held in single ownership at the time of the passage of this Zoning Code (Ordinance 1301, passed July 6, 1976); and

         C.   Interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the District Map, fixing the several districts accompanying and made a part of this Zoning Code where the street layout on the ground varies from the street layout as shown on the Map;

      (2)   Permit the following two exceptions:

         A.   The use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station; and

         B.   Repair and maintenance of nonconforming structures, provided they are limited to normal upkeep and maintenance, and minor alteration and modernization so long as the cubic content is not increased;

      (3)   Permit the following three variances:

         A.   Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition, when related to the yard regulations of this Zoning Code, would prevent a reasonable or sensible arrangement of buildings on the lot;

         B.   Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this Zoning Code, provided that such a reduction is not more than 50% of the usual requirement; and

         C.   Vary the requirements imposed by a Certificate of Appropriateness issued by the Design Review Board.

      (4)   Grant conditional use permits, specifically to: Hear and decide upon applications for conditional use permits specifically listed in the district regulations of this Zoning Code. Before authorizing the issuance of such a conditional use permit, the Board may impose such conditions as will, in the Board's judgment, ensure that:

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

         B.   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish or impair property values within the neighborhood.

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

         D.   Adequate utilities, access roads, drainage and/or other necessary facilities will be provided.

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

         F.   The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located and the Board shall find that there is a public necessity for the conditional use.

      (5)   Rule on appeals from decisions made by the Design Review Board designating a property as a Historic Property or including a property in a Historic Preservation District.

   (e)   Conduct of Public Hearings.

      (1)   Right of all Persons to Speak. Any person may appear at a public hearing and submit evidence, either individually or as a representative of a person or an organization. Anyone representing a person or an organization shall present evidence of their authority to speak on behalf of the person or organization in regard to the matter under consideration. Each person who testifies at a public hearing shall be sworn, identified, state an address, and if appearing on behalf of a person or an organization, state the name and mailing address of the person or organization. The testimony given at a public hearing shall be recorded by an audio recording device or by some other means.

      (2)   Hearing of Testimony and Other Evidence. The body conducting the public hearing may establish time limits for the presentation of testimony or other evidence and may exclude testimony or evidence upon finding it to be irrelevant or unduly repetitious.

      (3)   Submission of Testimony and Other Evidence. In the event any testimony or other evidence is excluded as irrelevant or unduly repetitious, the person offering such testimony or evidence may reduce such testimony or evidence to written form and submit such written testimony or evidence for the record.

      (4)   Continuance of Public Hearing or Meeting. The body conducting the public hearing or meeting may, upon the body’s or officer’s own motion, continue the public hearing or meeting to a fixed date, time and place. In the case of a decision-making body, a majority of the voting members present at the hearing or meeting at which a quorum is present shall be required to approve the continuance. An applicant shall have the right to request a continuance, which may be granted at the discretion of the body conducting the public hearing upon good cause shown.

      (5)   Deliberation and voting. Deliberation and voting shall take place after the public hearing.

(`80 Code, § 1244.01) (Ord. 1301, passed 7-6-76; Ord. 1425, passed 4-2-79; Ord. 2306A, passed 4-17-00; Ord. 2803, passed 5-3-10; Ord. 2020-0-3193, passed 6-18-20)

   (a)   Zoning Inspector.

      (1)   Duties. The Zoning Inspector shall enforce this Zoning Code. The Zoning Inspector shall receive applications required by this Zoning Code, issue permits and furnish the prescribed certificates. He or she shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with. He or she shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. He or she shall, when requested by the Mayor or Council or when the interests of the Municipality so require, make investigations in connection with matters referred to it in this Zoning Code and render written reports on the same. For the purpose of enforcing compliance with law, he or she shall issue such notice or order as may be necessary.

      (2)   Inspections. Inspections shall be made by the Zoning Inspector or a Council approved assistant.

      (3)   Rules. For carrying into effect its provisions, the Zoning Inspector may adopt rules consistent with this Zoning Code. Such rules shall be approved by the Council.

      (4)   Records. The Zoning Inspector shall keep careful and comprehensive records of applications, of permits and certificates issued, of inspections made, of reports rendered and of notices or orders issued. He or she shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the Zoning Inspector.

      (5)   Cooperation of other officials. The Zoning Inspector may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the Engineer in fixing grades, of the Chief of Police in enforcing orders, of the Solicitor in prosecuting violations, and of other officials.

(Ord. 1301, passed 7-6-76; Ord. 2306A, passed 4-17-00; Ord. 2393, passed 1-23-02)

   (b)   Permits.

      (1)   When required. No person shall construct, alter, repair, remove or demolish, or commence the construction, alteration, removal or demolition of, a building or structure, without first filing with the Zoning Inspector an application in writing and obtaining a zoning permit therefor.

      (2)   Form. An application for a permit shall be submitted in such form as the Zoning Inspector may prescribe. Such application shall be made by the owner, lessee or agent of either, or the architect, engineer or building contractor employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee, or of the person making the application, that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such application shall contain the full name and address of the applicant and the owner and, if the owner is a corporate body, of its responsible officers. Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Zoning Inspector for an intelligent understanding of the proposed work. Such application shall be accompanied by payment of such fees as Council may determine from time to time.

      (3)   Plans. Application for permits shall be accompanied by such drawings of the proposed work, drawn to scale, including such floor plans, sections, elevations and structural details as the Zoning Inspector may require. Applications for permits in R-3, B-1, B-2, OTB, LI and I Districts shall be accompanied by a Site Plan conforming with the requirements set forth in § 1256.03(a) and (b).

      (4)   Plot diagram. There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction or, in the case of a demolition, of such construction as is to be demolished and of all existing buildings. Applications for permits in R-3, B-1, B-2, OTB, LI and I Districts shall be accompanied by a Site Plan conforming with the requirements set forth in § 1256.03(a) and (b).

      (5)   Amendments. Nothing in this section shall prohibit the filing of amendments to an application or plan or other record accompanying the same at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.

      (6)   Completion of existing buildings. Nothing contained in this Zoning Code shall require any change in the plan, construction, size or designated use of a building for which a valid permit has been issued or lawful approval given before the effective date of this Zoning Code (Ordinance 1301, passed July 6, 1976). However, construction under such permit or approval shall be started within six months and the ground story framework, including structural parts of the second floor, shall be completed within one year and the entire building completed within two years after such effective date.

      (7)   Action on application. The Zoning Inspector shall examine applications for permits within a reasonable time after filing. If a Site Plan is presented along with the application, the Zoning Inspector shall conduct a Site Plan Review in accordance with the provisions of Chapter 1256. If, after examination and review, the Zoning Inspector finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he or she shall approve such application and issue a permit for the proposed work as soon as practical. If his or her examination reveals otherwise, he or she shall reject such application, noting his or her finding in a report to be attached to the application and delivering a copy to the applicant.

      (8)   No approval in part. Nothing in this section shall be construed to authorize the Zoning Inspector to issue a permit for the construction of part of a building or structure before the entire plans and detailed statements of the building or structure have been submitted or approved.

      (9)   Condition of the permit. All work performed under a permit issued by the Zoning Inspector shall conform to the approved application, plans, site plan and approved amendments thereof. The location of all new construction as shown on the approved plot diagram, site plan or an approved amendment thereof shall be strictly adhered to. No person shall reduce or diminish the area of a lot or plot for which a plot diagram or site plan has been filed and has been used as the basis for a permit, unless a revised plot diagram or site plan showing the proposed change in conditions is filed and approved. However, this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.

      (10)   Signature to permit. Every permit issued by the Zoning Inspector under the provisions of this Zoning Code shall have his or her signature affixed thereto. This shall not prevent him or her from authorizing a subordinate to affix such signature.

      (11)   Limitation. A permit under which no work is commenced within one year after issuance shall expire by limitation.

      (12)   Posting of permit. A copy of the zoning permit should be visibly posted on the premises open to authorized agents to review for an on site inspection. The Zoning Inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. The Zoning Inspector shall be given at least 12 hours notice of the starting of work under a permit.

      (13)   Revocation. The Zoning Inspector may revoke a permit or approval issued under the provisions of this Zoning Code in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

      (14)   Certificate of occupancy for a building. No building shall be occupied before a certificate of occupancy therefor has been issued. A certificate of occupancy for a new building or the reconstruction or alteration of an existing building shall be applied for coincident with the application for a building permit and the certificate shall be issued within three days after the request for the same has been made in writing to the Zoning Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Zoning Code. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Zoning Inspector for a period not exceeding one year, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the tenants relating to the use or occupancy of the premises or any other matter covered by this Zoning Code, and such temporary certificate shall not be issued, except under such restrictions and provisions as will adequately ensure the safety of the occupants.

      (15)   Certificate of occupancy for land. A certificate of occupancy for the use of vacant land or a change in the character of the use of land as herein provided shall be applied for before any such land is occupied or used, and a certificate of occupancy shall be issued within three days after the application has been made, provided such use is in conformity with this Zoning Code.

      (16)   Content of certificate of occupancy. A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this Zoning Code. A record of all certificates shall be kept on file in the office of the Zoning Inspector and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy.

      (17)   Excavation permit. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.

(`80 Code, § 1244.02) (Ord. 1301, passed 7-6-76; Ord. 1425, passed 4-2-79; Ord. 2306A, passed 4-17-00; Ord. 2393, passed 1-23-02; Ord. 2615, passed 12-5-05; Ord. 2698, passed 5-7-07; Ord. 3102, passed - -18)

   (a)   The following fees shall be paid to the village for each application, plan review variance or conditional use. Such fee shall be nonreturnable, regardless of the approval or denial of such application.

 

   (b)   Housing units do not include garages, breezeways, porches or basements.

   (c)   All zoning permits are invalid after one year.

(`80 Code, § 1244.03) (Ord. 1301, passed 7-6-76; Ord. 1425, passed 4-2-79; Ord. 2198, passed 4-20-98; Ord. 2393, passed 1-23-02; Ord. 2433, passed 8-19-02)

   Whoever violates or fails to comply with any of the provisions of this Zoning Code, or builds or alters any building in violation of any detailed statement or plan submitted and approved hereunder, shall be fined not more than $100 for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The owner of any building or premises or part thereof where anything in violation of this Zoning Code is placed or exists, and any architect, builder, contractor, individual or corporation employed in connection therewith who assists in the commission of any such violation, shall be deemed guilty of a separate offense and fined as herein provided.

(`80 Code, § 1244.99) (Ord. 1301, passed 7-6-76)