(a)

Administration generally. Except where herein otherwise stated, this chapter shall be administered by the zoning administrator or such other official or officials as may be designated by the village council. The zoning administrator, or such other official(s) designated by the village council, shall have the power to:

(1)

Issue zoning permits and grant certificates of occupancy;

(2)

Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this ordinance;

(3)

Issue and serve appearance tickets on any person with respect to any violation of this ordinance where there is reasonable cause to believe that the person has committed such an offense;

(4)

Revoke or cancel any permit in case of failure or neglect to comply with any of the provisions of this chapter, or in case of any false statement or misrepresentation made in the application, in which case the provisions of section 36-140 regarding violations shall be invoked. Upon such revocation, all further construction activities and usage shall cease upon the site, other than for the purpose of correcting the violation; and

(5)

Perform such other functions necessary and proper to enforce and administer the provisions of this ordinance.

(b)

Duties of the zoning administrator. It shall be the responsibility of the zoning administrator to enforce the provisions of this chapter and in so doing shall perform the following duties:

(1)

Issue permits. All applications for zoning permits and special use permits shall be submitted to the zoning administrator (or his assistant in his absence), who may issue such permits and certificates of occupancy when all applicable provisions of this chapter have been met and approval has been granted by the property body or official.

(2)

Record applications. The zoning administrator (or his assistant in his absence) shall maintain and keep in an orderly, accessible manner, files of all applications for all of the above permits, and for variances issued. These shall be filed in the village administration office and shall be open to public inspection. Copies shall be furnished at cost upon the request of any person having a proprietary or tenancy interest in the property involved.

(3)

Inspections. The zoning administrator shall be empowered to make inspections of buildings or premises in order to properly carry out the enforcement of this chapter.

(4)

Record nonconforming uses. The zoning administrator shall document and record all nonconforming uses of land existing at the effective date of the ordinance from which this chapter is derived or affecting amendment for the purpose of carrying out the provisions of section 36-65. The zoning administrator shall further notify in writing all affected property owners of their nonconforming status within one year from the effective date of this chapter. Such notification shall be mailed to the last known address of the owner of the land (which is occupied by the nonconformity) as taken from the assessment roll.

(5)

Record of complaints. The zoning administrator (or his assistant in his absence) shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter, and of the action taken consequent to each such complaint, which records shall be public records. The zoning administrator shall carry out the provisions of section 36-140 regarding violations.

(6)

Reports.

a.

Report to village council. The zoning administrator shall report to the village council periodically, at intervals of not greater than six months, summarizing for the period since the last previous report all permits, special use permits and variances issued; and all complaints of violation and the action taken.

b.

Semi-annual report to planning commission. The zoning administrator shall make a report to the village planning commission on a semi-annual interval, summarizing for the period since the last previous report all permits and variances, all complaints of violations and subsequent actions taken, and other actions taken under the authority of this chapter.

(7)

Cancellation of zoning permits, special use permits, and variances. The zoning administrator shall have the power to revoke or cancel any permit in case of failure or neglect to comply with any of the provisions of this chapter, or in case of any false statement or misrepresentation made in the application. The provisions of section 36-140 regarding violations shall be invoked. Upon such revocation, all further construction activities and usage shall cease upon the site, other than for the purpose of correcting the violation.

(8)

Fees. The fees required by the chapter shall be paid to the zoning inspector prior to any meeting of the planning commission or board of appeals in connection with an appeal, application for special use or rezoning. The payment of such fees is a condition precedent to the validity of the permit to be issued by the zoning inspector.

(9)

Collect, retain and return performance bonds. The zoning administrator shall collect and retain all performance bonds, as may be required by the requirements of this chapter. See section 36-135 regarding performance bonding.

(10)

Changing or varying chapter prohibited. Under no circumstances is the zoning administrator permitted to make changes in this chapter, nor to vary the terms of this chapter while carrying out the duties prescribed herein. It shall be the responsibility of the village council to ensure that the zoning administrator enforces the provisions of this chapter.

(Ord. No. 119, § 6.0, 8-1993; Ord. No. 2012-2, § 1, 10-15-2012)

Prior to construction or physical development of a proposed new use or structure, or the restoration and structural improvement (other than normal repairs and minor improvements of any existing use or structure, a zoning permit must be obtained. An application for a required zoning permit must be made to the zoning administrator. For uses permitted only by special use permit, see section 36-134.

(1)

Contents of application. Among the data to be supplied by the applicant and which shall constitute the application package, the following shall be included:

a.

Name and address of applicant or applicants;

b.

Location, shape, area, and dimension of the lot, and of the proposed structure or improvement (shown on a site plan);

c.

Description of proposed use and of the building (dwelling, structure, barn, garage, etc.) or improvement;

d.

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other users;

e.

The yard, open space and parking space dimensions (as shown on a site plan); and

f.

A site plan, where required.

(2)

Fee. A fee as may be set by the village council and listed in the village's schedule of fees shall accompany any plans or applications in order to defray the cost of administration and inspection.

(3)

General procedural steps. Upon submission of an application, the zoning administrator:

a.

Reviews the application package within 15 days from the date of application to:

1.

Make sure that it is the proper application for the zoning action requested.

2.

See that all required information is submitted.

3.

Determine conformance with zoning regulations.

b.

Takes one or more of the following preliminary actions:

1.

Requests from the applicant that any omitted or pertinent and necessary information now be submitted.

2.

If necessary, requests the board of appeals to interpret an unclear chapter provision.

3.

Where required, reviews site plan according to site plan review standards for approval as set forth in section 36-66.

4.

If necessary, discusses the application and site plan with the planning commission for advisory comments.

5.

Makes a site inspection to verify accuracy of the application and to gather additional information.

(4)

Approval of site plan; issuance of zoning permit. Upon satisfaction of the standards for site plan review/approval, and of any additional requirements or conditions that may be needed to meet those standards, the zoning administrator shall approve site plan and issue a zoning permit. One copy of the zoning permit shall be returned to the owner or applicant. A performance bond may be required.

(5)

Denial of zoning permit. If the application for zoning permit is denied by the zoning administrator, the reason or cause for denial shall be stated in writing.

(6)

Term of validity. A zoning permit shall be valid for one year. A valid zoning permit is eligible for one additional one-year extension granted by the zoning administrator as a reasonable length of time within which to begin construction.

(7)

Inspection. At least one site inspection by the zoning administrator must be held before development.

(8)

Cancellation of Permit. See section 36-140 for violations.

(Ord. No. 119, § 6.1, 8-1993)

(a)

Certificate of occupancy required; purpose. Prior to occupying a new structure; using land in a manner or intensity different from the previous use, or occupying an existing structure with a new type of use other than what previously existed, a certificate of occupancy must be obtained from the village. The certificate of occupancy is usually granted after an inspection. The major purpose for a certificate of occupancy is to ensure zoning compliance. The certificate of occupancy is intended to make sure that:

(1)

After construction, a new structure is the same as the one originally approved.

(2)

Before occupancy, a new use is the same as the use which was approved.

(3)

Both structure and use comply with all zoning requirements and any conditions previously imposed.

(b)

General procedural steps.

(1)

Upon notification by the applicant to the zoning administrator that the structure and/or use is ready for inspection, the zoning administrator:

a.

Shall contact the applicant to establish a mutually agreed upon date and time for inspection.

b.

Researches and reviews any known records relating to the site in question.

c.

Inspects for compliance with zoning requirements and with any previously imposed conditions.

(2)

Upon inspection, the zoning administrator takes one of the following actions:

a.

Issues the certificate of occupancy; or

b.

Delays issuance subject to completion or alterations necessary to achieve full compliance and follow-up inspection; or

c.

Denies the certificate of occupancy in writing based on inspection findings of noncompliance with this chapter, and initiates enforcement action pursuant to the requirements of this chapter.

(Ord. No. 119, § 6.2, 8-1993)

Prior to construction or physical development of a proposed special use, as specified by this chapter, an application for a required special use permit must be obtained. An application for a special use permit must be made to the zoning administrator.

(1)

Contents of application. Among the date to be supplied by the applicant and which shall constitute the application package, the following shall be included:

a.

Name and address of applicant or applicants;

b.

Location, shape, area and dimension of the lot, and of the proposed structure or improvement (shown on the site plan);

c.

Description of proposed use and of the building (dwelling, structure, barn, garage, etc.) or improvement;

d.

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other users;

e.

The yard, open space and location of parking spaces (as shown on a site plan); and

f.

Required site plan which must be approved before any granting of a special use permit.

(2)

Fee. A fee as set by the village council and listed in the village's schedule of fees shall accompany any plans or applications in order to defray the cost of administration and inspection.

(3)

General procedural steps. Upon submission of an application for a special use permit;

a.

The zoning administrator:

1.

Reviews application package within 15 working days from the date of application to:

i.

Make sure that it is the right application for zoning action requested;

ii.

See that all required information is submitted; and

iii.

Make sure that the proposed use is permitted in a particular district by special use permit.

2.

Takes one or more of the following actions:

i.

Requests from the applicant that any omitted or necessary information now be submitted;

ii.

If necessary, seeks an interpretation of this chapter from the planning commission;

iii.

Makes advisory comments about the site plan based on site plan review standards; and/or

iv.

Forwards the complete application with comments to the planning commission for review and approval.

b.

The planning commission:

1.

Reviews the site plan according to site plan review standards, as set forth in this chapter. See section 36-66(c).

2.

Reviews the proposed special use according to standards for special use permits, as set forth in the ordinance. See section 36-67(1).

3.

Reviews for compliance with any and all additional site facility design requirements and standards, as may be required by this chapter.

4.

Gives a public notice in a newspaper of general circulation of official receipt of an application for a special use permit which:

i.

Describes the nature of the special use request;

ii.

Indicates the property in question;

iii.

States the time and place where the special use request will be considered;

iv.

Indicates when and where written comments will be received concerning the request; and

v.

Indicates that a public hearing by the planning commission on the proposed special use is optional, but may be requested by any property owner or the occupant of any structure located within 300 feet of the boundary of the property being considered for a special use permit.

This notice is also mailed or delivered to property owners and occupants within 300 feet of the property in question. These notices must be made between five and 15 days before the date on which the application is to be considered. An affidavit of mailing or delivery of notice must be maintained.

All public input is considered and evaluated. A summary of the public comments should be retained for the record.

(4)

Approval of application; issuance of special use permit. Upon satisfaction of the above, and of any additional requirements or conditions that may be needed to meet the above standards, the planning commission after public hearing shall approve the application and site plan. The planning commission shall direct the zoning administrator to issue a special use permit. One copy of the permit shall be returned to the owner or applicant. A cash bond may be required.

(5)

Final approval, denial, or approval with conditions to be in writing. When an application for a special use permit is finally approved, denied or approved subject to conditions, the decision must be incorporated into an official written statement which contains the conclusion relative to the special use permit request. The decision shall specify the basis for the decision, and any conditions which may be imposed in the case of approvals.

(6)

Term of validity. An approved special use permit must be utilized within one year during which time construction of the approved special use must begin. A valid special use permit is eligible for one additional one-year extension granted by the planning commission as a reasonable length of time within which to secure a county building permit and begin construction. See section 36-67(5).

(7)

Inspection. At least two site inspections by the zoning administrator must be held: One during development, and one before the use or structure is occupied. If development is phased or in stages, then one inspection per phase or stage shall be made.

(8)

Cancellation of special use permit. See section 36-132(8).

(9)

Appeals. See section 36-67(8) and section 36-137(7).

(Ord. No. 119, § 6.3, 8-1993)

In authorizing any zoning permit, special use permit or variance, the body or official which administers the respective request, as designated by this chapter, may require that a cash bond be furnished to: (i) ensure compliance with the requirements, specifications and conditions imposed with the grant or such permit or variance; and (ii) ensure the discontinuance of a temporary use by a stipulated time.

(1)

Amount of bonding. Unless otherwise specified in this chapter, guidelines for establishing the amount of bonding shall be prescribed by the village's schedule of fees. If none are specified or applicable to the particular use of development, the village council shall by resolution establish a guideline which it deems adequate for the protection of the village and its inhabitants.

(2)

Return of cash bond. Upon the satisfactory completion of specific improvements as attested to by the zoning administrator, the village council shall direct the zoning administrator to return any improvement or cash bond which may pertain to said specific improvement.

(3)

Withholding and partial withholding of cash bond.

a.

The village council may direct the zoning administrator not to return all or part of any bond, and to instead apply said bond or part thereof to the project in question when the improvements are not satisfactorily completed.

b.

Should installation of improvements begin and fail to meet full completion based on the approved site plan, or if the project area is reduced in size and improvements are only partially completed, the village council shall determine what amount of the bond or bonds are to be returned to the applicant and the amount to be applied to the improvements.

(4)

Cash bond for razing of building. The zoning administrator shall require a zoning permit application and bond prior to the razing or demolition of principal strictures and accessory structures having more than 144 square feet of floor area. The bond shall be determined according to a guideline of $1.00 per square foot (rounding up on a fraction) of floor area. Cash, check, bond or bank letter of credit are each acceptable financial guarantee types. Alternatively, a written estimate of the proposed cost of demolition plus ten percent from a demolition company or excavation company is permitted for the bond instead of the amount calculated by the above formula. The permit is conditioned on the applicant completing the razing within such reasonable period as shall be prescribed in the permit and complying with such regulations as to health and safety as the zoning administrator, fire inspector or the village council may from time to time prescribe, including filling of excavation, soil erosion prevention, adding topsoil and seeding of grass on the property that is to be left vacant and property termination of utility connections.

(Ord. No. 119, § 6.4, 8-1993; Ord. No. 2015-4, § 1, 3-16-2015)

Upon the filing of an application for a zoning permit, special use permit, board of appeals, review, variance or rezoning, an administrative fee shall accompany said application. The village council shall determine and set a schedule of fees to be charged. Fees shall be collected prior to processing of any requested permit, variance, appeals, rezoning, etc.

(Ord. No. 119, § 6.5, 8-1993)

(a)

Purpose. Recognizing that every type of potential use cannot be anticipated in this chapter, this section provides a process for addressing uses not specifically listed or those that cannot be readily determined as substantially the same as those listed. Similarly, there are various uses that include the phrase "and similar uses." These procedures are also intended to interpret the phrase "and similar uses" found in this chapter.

(b)

Review standards. Upon receiving an application for a zoning permit for a use that is not specifically listed in the applicable zone district, the zoning administrator shall determine that the use is permitted if it:

(1)

Is not specifically listed as permitted use in any zone district;

(2)

Will not impair the present or potential use of other properties within the same zone district or the neighboring area;

(3)

Has no greater potential impact on surrounding properties than those listed in the zone district in terms of aesthetics, traffic generated, noise, potential nuisances, and other impacts related to health, safety and general welfare

(4)

Will not adversely affect stated goals in the master plan.

(c)

Use as-of-right versus special use. If a use is determined to be permitted pursuant to the standards in subsection (b), the zoning administrator shall determine whether it is permitted as-of-right or, instead, as a special use by comparing it to the list of permitted uses for the zone district and determining which of the listed uses it most resembles.

(d)

Issuance and effect of decision. The zoning administrator's decisions under this section shall be made in writing and sent to the applicant. Permitted uses shall comply with all zone district conditions as well as the review and approval requirements that apply to similar uses that are specifically listed for the zone district.

(e)

Appeals and referrals to the ZBA. A person aggrieved by a decision made by the zoning administrator pursuant to this Section may appeal to the zoning board of appeals, which shall review the decision by determining whether the zoning administrator properly applied the standards described above. Further, instead of making the initial decision pursuant to this section, the zoning administrator may in his or her sole discretion refer the issue to the zoning board of appeals for initial consideration. In this circumstance, no application fee shall be charged.

(f)

Text amendments. Determinations made pursuant to this section shall be recorded by the zoning administrator and periodically presented to the planning commission for potential incorporation into the text of this chapter.

(Ord. No. 2016-2, § 1, 4-18-2016; Ord. No. 2016-3, § 1, 4-18-2016)

(a)

Purpose. Administrative departures are provided to permit minor deviations from zoning requirements where practical difficulties warranting a variance do not exist. However, due to site characteristics or other related conditions, a limited degree of flexibility to meet the spirit and purpose of this chapter is appropriate. It is not a general waiver or weakening of regulations. Rather, the procedure permits a site-specific plan that is equal to or better than the strict application of a design standard. It is not intended as a substitute for a variance granted by the zoning board of appeals or as a means for relief from standards in this chapter.

(b)

Applicability. Only those administrative departures that are specifically noted in this chapter may be requested and approved.

(c)

Application procedure. Requests for administrative departures shall be submitted with the applicable application and shall include the following:

(1)

Information and materials, as listed in the application form, in sufficient detail to indicate the nature and necessity of the request, and may include a scaled drawing. Requested administrative departures shall be separately listed and clearly noted on the proposed plan.

(2)

The applicable fee established by resolution of the Village Council.

(d)

Review Standards. The zoning administrator shall consider whether the proposed alternative meets the following standards.

(1)

Zoning ordinance. The proposed alternative is consistent with the purpose and intent of the zone district, and the specific requirements and conditions of the administrative departure approval criteria.

(2)

Neighborhood. The proposed alternative will be compatible with adjacent properties and the neighborhood.

(3)

Environment. The proposed alternative will retain as many natural features of the landscape as possible.

(4)

Public facilities. The proposed alternative will not place a burden on existing infrastructure and services.

(5)

Percentage of departure. The proposed alternative does not modify any numerical zoning standard related to building dimensions, lot dimensions or coverage, open space, landscaping, parking, fencing, walls, screening, or exterior lighting by more than 10 percent of the requirement.

(6)

Quality of development. The proposed alternative, if approved, will result in development is of equal or greater development quality with respect to design, material, and other development features than without the administrative departure.

(7)

Other. The request is necessitated by a condition of the site or structure, and not as a means to reduce costs or inconvenience, and is limited to that necessary to account for special site conditions or development requirements specific to an individual user.

(e)

Decision. The zoning administrator may approve, approve with conditions, deny or refer an application to the ZBA.

(f)

Prior to other approval. Administrative departures shall be reviewed, and approved or denied in writing by the zoning administrator along with the reasons for the decision prior to approval of a site plan review, special land use, or other approval required by this chapter.

(g)

Appeal. A decision of the zoning administrator regarding an administrative departure may be appealed to the ZBA. Conditions imposed as part of an administrative departure approval cannot be appealed unless submitted as a full request for a variance.

(Ord. No. 2016-2, § 1, 4-18-2016; Ord. No. 2016-3, § 1, 4-18-2016)

Editor's note— Ord. No. 2016-3, § 1, adopted April 18, 2016, repealed § 36-139, which pertained to application procedures for appeal and derived from Ord. No. 119, § 6.8, 8-1993.

(a)

Municipal civil infractions; nuisance per se.

(1)

Any person, corporation, firm, or other entity who violates, disobeys, omits, neglects or refuses to comply with any provision of this ordinance or any condition or requirement of any permit, certificate, plan, agreement, variance or other approval or authorization granted under this ordinance is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $100.00, plus costs and other sanctions, for each violation. Each day that a violation continues shall constitute a separate offense. Repeat offenses shall be subject to increased fines as provided by section 2-288(c)(2) of this Code, except that the increased fine for a repeat offense shall be as follows:

a.

The fine for any offense which is a first repeat offense shall be no less than $500.00, plus costs and other sanctions.

b.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $1,000.00, plus costs and other sanctions.

(2)

In addition to the zoning administrator, any authorized village official, as provided by section 2-282 of this Code, is authorized to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing the alleged violators to appear at the city municipal ordinance violations bureau) for violations under this ordinance.

(3)

Any building erected, moved, altered, razed, or converted, or any use of land which is begun or changed subsequent to the effective date of this ordinance, or its amendment, that is in violation of any provision of this ordinance or any condition or requirement of any permit, certificate, plan, agreement, variance or other approval or authorization granted under this ordinance, is hereby declared to be a nuisance per se, and shall be abated by any court of competent jurisdiction.

(b)

Compliance with chapter required. The imposition of any sentence shall not exempt an offender from compliance with the provisions of this chapter.

(Ord. No. 119, § 6.9, 8-1993; Ord. No. 2012-2, § 2, 10-15-2012)