This chapter states the general applicability of this Zoning Code and stipulates the procedures to be followed in obtaining permits, certificates, and other legal or administrative approvals under this Zoning Code.

(Ord. 2012-20, passed 4-17-2012)

   No building or other structure (including accessory structure) shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a permit issued by the Code Enforcement Officer or his or her authorized representative. Zoning Certificates shall be issued only in conformity with the provisions of this Zoning Code unless the Code Enforcement Officer or his or her authorized representative receives a written order from the Board of Zoning Appeals deciding an appeal or variance or from Village Council approving a Planned Development upon recommendation from the Planning Commission, as provided by this Zoning Code.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Application procedures. The application for zoning certificate shall be made in writing and signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within 12 months of issuance. At a minimum, the application shall contain the following information and be accompanied by all required fees:

      (1)   Name, address, and telephone number of property owner.

      (2)   Street address of property.

      (3)   Existing use.

      (4)   Proposed use.

      (5)   Zoning district.

      (6)   Plans in triplicate, drawn to scale, showing actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings or structure on the lot, if any; and the location and dimensions of the proposed building(s) or alterations.

      (7)   Building height.

      (8)   Number of off-street parking spaces and loading berths and their layout.

      (9)   Location and design of access drives.

      (10)    Number of dwelling units.

      (11)   If applicable, application for a sign permit or a conditional use permit, unless previously submitted.

      (12)   A zoning certificate shall be secured before construction or alteration of any sign or outdoor advertising device requiring a permit.

   (b)   Such other documentation as may be necessary to determine conformance with the enforcement of this zoning code.

(Ord. 2012-20, passed 4-17-2012)

   Within seven business days after the receipt of a complete and full application submission, the Code Enforcement Officer or his or her authorized representative shall either approve or disapprove the application in conformance with the provisions of this Zoning Code. One copy of the plans shall be returned to the applicant as either approved or disapproved and attested to same by his or her signature on such copy. One copy of the plans similarly marked shall be retained by the Code Enforcement Officer or his or her authorized representative.

(Ord. 2012-20, passed 4-17-2012)

   If the work described in any zoning certificate is not commenced within six months and completed within one year from the date of issuance thereof, said permit shall expire unless the person affected, no less than 30 days prior to the date of expiration, files an application with the Code Enforcement Officer for a six month extension. Upon good cause shown, the Code Enforcement Officer or his or her authorized representative may grant up to two six-month extensions of the original zoning certificate. The fee for each extension will be 50 percent of the original cost of the zoning permit. If no such extension is timely sought and/or granted, the Code Enforcement Officer or his or her authorized representative shall revoke the zoning certificate upon expiration, and written notice shall be given to the person(s) affected.

(Ord. 2012-20, passed 4-17-2012)

   It shall be unlawful to use or occupy, or permit the use or occupancy of any building or premises or both or part thereof, after it has been created, erected, converted, or wholly or partly altered or enlarged in its use, without the prior approval and issuance of a certificate of occupancy by the Code Enforcement Officer or his/her authorized representative. The certificate of occupancy must state that the proposed use for the building or land conforms to the requirements of this Zoning Code. The issuance of a use certificate in no way relieves the recipient from compliance with all requirements of this Zoning Code and other regulations. A record of all such certificates and approvals shall be kept on file in the municipal offices.

(Ord. 2012-20, passed 4-17-2012; Am. Ord. 2013-42, passed 5-21-2013)

   The Code Enforcement Officer may issue a temporary Certificate of Occupancy for a period not exceeding six months during alterations or partial occupancy of a building pending its completion.

(Ord. 2012-20, passed 4-17-2012)

   The Code Enforcement Officer or his or her authorized representative shall maintain a record of all zoning certificates and certificates of occupancy, and copies shall be kept on file in the office of the Code Enforcement Officer. Copies shall be furnished to any person upon request and payment of the established fee.

(Ord. 2012-20, passed 4-17-2012)

   Failure to obtain a zoning certificate or certificate of occupancy shall be a punishable violation of this Zoning Code under § 1246.29 and/or § 1246.99.

(Ord. 2012-20, passed 4-17-2012)

   Zoning certificates issued on the basis of plans and applications approved by the Code Enforcement Officer or his or her authorized representative authorize only the use and arrangement set forth in such approved plans and applications or amendments thereof, and no other use, arrangement or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Zoning Code.

(Ord. 2012-20, passed 4-17-2012)

   The Code Enforcement Officer or his or her authorized representative is authorized to make inspections of properties and structures in order to examine and survey the same at any reasonable hour for the purpose of enforcing the provisions of this Zoning Code. Prior to seeking entry to any property or structure for such examination or survey, the Code Enforcement Officer or his or her authorized representative shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Code Enforcement Officer or his or her authorized representative shall request the assistance of the Law Director in securing a valid search warrant prior to entry.

(Ord. 2012-20, passed 4-17-2012)

   Subsequent to his or her determination that work is being done contrary to the approved development plans or this Zoning Code, the Code Enforcement Officer or his/her authorized representative shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by order of Code Enforcement Officer or his/her authorized representative, shall constitute a violation of this Zoning Code under § 1246.29 and/or § 1246.99.

(Ord. 2012-20, passed 4-17-2012)

   The Code Enforcement Officer or his or her authorized representative may issue a revocation notice and revoke a permit or administrative approval which was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application.

(Ord. 2012-20, passed 4-17-2012)

   Whenever the Code Enforcement Officer or his or her authorized representative determines that there is a violation of any provision of this Zoning Code, a warning shall be issued and shall serve as notice of violation. Such order shall:

   (a)   Be in writing.

   (b)   Identify the violation.

   (c)   Include a statement of the reason or reasons why it is being issued and refer to the sections in this code being violated.

   (d)   State the time by which the violation shall be corrected.

   (e)   Service of notice of violation shall be one of the following:

      (1)   By personal delivery to the person or persons responsible or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion.

      (2)   By certified mail deposited in the U.S. Post Office addressed to the person or persons responsible at a last known address. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing, which shall be filed by the Code Enforcement Officer, or his or her authorized representative. Service shall be deemed complete when the fact of mailing is entered as a matter of record provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.

      (3)   By posting a copy of the notice form in a conspicuous place on the premises found in violation.

(Ord. 2012-20, passed 4-17-2012)

   Nothing in this Zoning Code shall be deemed to abolish, impair, or prevent other additional remedies as provided by law. In the event of a violation of any provision or requirement of this Code, or in the case of an imminent threat of such a violation, the Code Enforcement Officer or his or her authorized representative, the Prosecuting Attorney, or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourse provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.

(Ord. 2012-20, passed 4-17-2012)

   It shall be unlawful to erect, establish, locate, construct, reconstruct, enlarge, change, convert, move, repair, maintain, or structurally alter any building, structure, or land in violation of any regulation or provision of this Zoning Code or any amendment or supplement thereto adopted by Council. Any person, firm, or corporation who violates this Zoning Code or fails to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $150, and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assist in, or maintains such violation, may be found guilty of a separate offense and suffer the penalties herein provided.

(Ord. 2012-20, passed 4-17-2012)