(A)   No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure or land be established or changed in use to a use of a different classification without a permit issued by the Zoning Administrator.

   (B)   For applications that do not conform with the provisions of this subchapter, a permit shall not be issued unless the Zoning Administrator receives a written order from the Board of Zoning Appeals deciding an appeal or permitting a conditional use or variance, as provided by this subchapter.

(Ord. passed - -) Penalty, see § 154.999

   (A)   The application for a zoning permit shall be signed by the owner and applicant attesting to tell the truth and exactness of all information supplied on the application.

   (B)   Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or substantially completed within two and one-half years.

   (C)   At a minimum, the application shall contain the following information:

      (1)   Name, address and phone number of applicant;

      (2)   Legal description of property;

      (3)   Existing use;

      (4)   Proposed use;

      (5)   Zoning district;

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

      (7)   Building heights;

      (8)   Number of off-street parking spaces or loading berths;

      (9)   Number of dwelling units; and

      (10)   Such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter.

(Ord. passed - -) Penalty, see § 154.999

   (A)   Within 15 days after the receipt of an application, the Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of this chapter.

   (B)   All zoning permits shall, however, be conditional upon the commencement of work within one year.

   (C)   One copy of the plans shall be returned to the applicant by the Zoning Administrator, after he or she shall have marked such copy either as approved or disapproved and attested to same by his or her signature on such copy.

   (D)   One copy of plans, similarly marked, shall be retained by the Zoning Administrator.

   (E)   The Zoning Administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this chapter.

(Ord. passed - -)

   (A)   Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of Transportation or any land within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the Zoning Administrator shall give notice, by registered or certified mail to the Director of Transportation.

   (B)   The Zoning Administrator shall not issue a zoning permit for 120 days from the date the notice is received by the Director of Transportation.

   (C)   If the Director of Transportation notifies the Zoning Administrator that he or she shall proceed to acquire the land needed, then the Zoning Administrator shall refuse to issue the zoning permit.

   (D)   If the Director of Transportation notifies the Zoning Administrator that acquisition at this time is not in the public interest or upon the expiration of the 120 day period of any extension thereof agreed upon by the Director of Transportation and the property owner, the Zoning Administrator shall, if application is in conformance with all provisions of this chapter, issue the zoning permit.

(Ord. passed - -)

   (A)   If the work described in any zoning permit has not begun within one year from the date of issuance thereof, the permit shall expire; it shall be revoked by the Zoning Administrator; and written notice thereof shall be given to the persons affected.

   (B)   If the work described in any zoning permit has not been substantially completed within two and one-half years of the date of issuance thereof, the permit shall expire and be revoked by the Zoning Administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.

(Ord. passed - -) Penalty, see § 154.999

   It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance shall have been issued therefore by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter.

(Ord. passed - -) Penalty, see § 154.999

   A temporary certificate of compliance may be issued by the Zoning Administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion.

(Ord. passed - -)

   The Zoning Administrator shall maintain a record of all certificates of compliance and a copy shall be furnished upon request to any person.

(Ord. passed - -)

   Failure to obtain a zoning permit or certificate of compliance shall be a violation of this chapter and punishable under § 154.999 of this chapter.

(Ord. passed - -) Penalty, see § 154.999

   (A)   Zoning permits or certificates of compliance issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, or arrangement, or construction.

   (B)   Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided in § 154.999 of this chapter.

(Ord. passed - -) Penalty, see § 154.999

   (A)   Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint.

   (B)   Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator.

   (C)   The Zoning Administrator shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.

(Ord. passed - -)

   (A)   The Village Council shall establish a schedule of fees, charges and expenses and a collection procedure for zoning permits, certificates of compliance, appeals and all other matters pertaining to this chapter.

(Ord. passed - -; Am. Ord. 24, 2005, passed 8-11-2005; Am. Ord. 8-2018, passed 10-24-2018) Penalty, see § 154.999

   Whenever the public necessity, convenience, general welfare, or good zoning practices require, Village Council may by ordinance after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.

(Ord. passed - -)

   Amendments to this chapter may be initiated in one of the following ways:

   (A)   By adoption of a motion by the Planning Commission;

   (B)   By adoption of a resolution by Village Council; or

   (C)   By the filing of an application by at least one owner or lessee of property within the area proposed to be changed or affected by the amendment with the Zoning Administrator.

(Ord. passed - -)

   The application for amendment shall contain at least the following information:

   (A)   Name, address and phone number of applicant;

   (B)   Proposed amendment to the text or legal description;

   (C)   Present use;

   (D)   Present zoning district;

   (E)   Proposed use;

   (F)   Proposed zoning district;

   (G)   A vicinity map at a scale approved by the Zoning Administrator showing property lines, streets, existing and proposed zoning and such other items as the Zoning Administrator may require;

   (H)   A list of all property owners within, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned, including the tax mailing addresses of the property owners; and

   (I)   A fee as established by Village Council.

(Ord. passed - -) Penalty, see § 154.999

   Immediately after the adoption of a resolution by the Village Council or the filing of an application by at least one owner or lessee of property, the resolution or application shall be transmitted to the Commission.

(Ord. passed - -)

   (A)   Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Director of Transportation.

   (B)   The Commission may proceed as required by law, however, the Village Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation.

   (C)   The Director of Transportation notifies the village that he or she shall proceed to acquire the land needed, then the village shall refuse to approve the rezoning.

   (D)   If the Director of Transportation notifies the village that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the Village Council shall proceed as required by law.

(Ord. passed - -)

   (A)   The Planning Commission shall schedule a public hearing after the adoption of a motion, transmittal of a resolution from Village Council, or the filing of an application for zoning amendment.

   (B)   The hearing shall be not less than 20 days from the date of the receipt of such motion, transmittal of such resolution or the filing of such application.

(Ord. passed - -)

   (A)   Before holding the public hearing, notice of such hearing shall be given by the Planning Commission or Fiscal Officer by at least one publication in one or more newspapers of general circulation in the village at least 15 days before the date of the hearing.

   (B)   This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment and a statement that after the conclusion of such public hearing the matter will be referred to the Village Council for further determination.

(Ord. passed - -)

   (A)   If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Planning Commission or Village Fiscal Officer by first class mail, at least 20 days before the date of the hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by the Village Council.

   (B)   The notice shall contain the same information as required of notices published in newspapers as specified in this chapter.

(Ord. passed - -)

   (A)   Within 15 days after the public healing, the Planning Commission shall recommend to Village Council that the amendment be granted as requested, or it may recommend a modification of the amendment requested or it may recommend that the amendment be not granted.

   (B)   The Planning Commission shall transmit in writing its recommendation to the Village Council by presenting the recommendation to Village Council at a Council meeting or by serving the Fiscal Officer with the recommendation during regular business hours.

(Ord. 6, 2015, passed 6-10-2015)

   (A)   Upon receipt of the recommendation from the Planning Commission, Village Council shall schedule a public hearing.

   (B)   The hearing shall be not more than 50 days from the receipt of the recommendation from the Planning Commission.

(Ord. 6, 2015, passed 6-10-2015)

   (A)   Notice of the public hearing shall be given by Village Council by at least one publication in one or more newspapers of general circulation in the village.

   (B)   The notice shall be published at least 30 days before the date of the required hearing.

   (C)   The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

(Ord. passed - -)

   (A)   If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Fiscal Officer, by first class mail, at least 20 days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by Village Council.

   (B)   The failure to deliver the notification, as provided in this section shall not invalidate any such amendment.

   (C)   The notice shall contain the time and place of the public hearing and the nature of the amendment.

(Ord. passed - -)

   (A)   Within 45 days after such public hearing, Village Council shall either adopt or deny the recommendation of the Planning Commission, or adopt some modification thereof.

   (B)   In the event that Village Council denies the recommendation of the Planning Commission or modifies the recommendation of the Planning Commission, that action shall not take effect unless such action is approved by not less than three-fourths of the membership of the legislative authority.

   (C)   No action by Council which is in accordance with the recommendation of the Planning Commission shall be deemed to be passed without the concurrence of at least a majority of the membership of the legislative authority.

   (D)   No such ordinance shall be passed unless it has been read on three different days except that such ordinance may become emergency legislation if the Village Council votes to dispense with this rule.

(Ord. 6, 2015, passed 6-10-2015)

   (A)   Such chapter adopted by Village Council shall become effective 30 days after the date of such adoption unless within 30 days after the passage of the ordinance there is presented to the Fiscal Officer a petition, signed by a number of qualified voters residing in the village equal to not less than 10% of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting the Village Council to submit the Zoning Chapter to the electors of the village for approval or rejection at the next general election.

   (B)   (1)   No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment.

      (2)   Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.

(Ord. passed - -)

   (A)   Appointment. A part-time Zoning Administrator shall be appointed by the Village Council for the purpose of administration and enforcement of the Zoning Code. The part-time Zoning Administrator may be provided the assistance of other persons as the Village Council may direct.

   (B)   Supervisor. The part-time Zoning Administrator, in the application of Zoning Code, is supervised by the Planning Commission and its chairperson, in all other employment respects, the part- time Zoning Administrator is supervised by the Mayor and the Council of the village.

   (C)   Responsibilities. The responsibilities of the part-time Zoning Administrator (ZA) are:

      (1)   The ZA must establish and maintain a schedule of hours of availability that will meet the needs of the public, the Planning Commission, and the Village Council. The ZA must have a phone number by which the public can make contact and that the village can publish in its directory . Having an answering machine is also strongly recommended.

      (2)   If the ZA is employed by the village in any other paid position, the hours of work for which the ZA is being paid in that position, shall not be utilized to perform any zoning duties or activities.

      (3)   The ZA's compensation will be as determined by Village Council from time to time. All reasonable out of pocket expenses incurred by the ZA in the performance of his or her duties will be borne by the village. (No mileage will be paid). Expenses will be submitted to and reviewed monthly by the Fiscal Officer.

      (4)   Enforce the provisions of the Zoning Code and interpret the meaning and application of its provisions.

      (5)   Promptly respond to questions concerning applications for amendments to the Zoning Code text and the Official Zoning District Map.

      (6)   Issue zoning permits as provided by this section and keep a record of same with notation of any special conditions involved:

         (a)   Zoning permits will be issued within 15 days of the application for construction of a new building or the enlargement of an existing building.

         (b)   If a permit is refused or disapproved, the Zoning Administrator will advise the applicant of same, in writing, within 15 days of application and will explain alternative courses of action that the applicant cart take.

         (c)   Permits for use of vacant land, or of a building, or for a change in nonconforming use shall be issued within 15 days of application.

      (7)   Conduct inspections of buildings and uses of land to determine compliance with this section and in the case of any violations, notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action. Compliance inspections must be made to insure strict adherence to the Zoning Code.

      (8)   Insure current Official Zoning District Map is kept on permanent display in the village offices.

      (9)   Maintain permanent and current records required by this section including, but not limited to, zoning permits, certificates of compliance, inspection documents and related records. A telephone log of all calls concerning zoning issues that identifies who, when and why must be maintained at all times. The records will be made available by the ZA for use by the Village Council, the Planning Commission, the Board of Zoning Appeals and the public.

      (10)   The ZA is responsible to provide, update, issue and maintain all forms and files as required by the Zoning Code.

      (11)   Review and approve plot plans pursuant to this section.

      (12)   Determine the existence of any violations of this section and cause such notification, revocation notices; or stop work orders to be issued or initiate other administrative action or obtain legal advice as needed to address such violations.

      (13)   Provide a report to the Planning Commission detailing all zoning activity occurring during the span of time between their scheduled meetings. This report will include:

         (a)   Permit number of application and related fee.

         (b)   Date of application.

         (c)   Date of site inspection.

         (d)   Date permit was issued or reissued.

         (e)   Applications name, address and description of permit.

         (f)   Any pertinent data supporting permit refusals.

         (g)   A copy of any zoning violation issued which will include type of violation, date notice was issued, status of violation and action taken by ZA to insure correction of violation.

         (h)   Any other zoning activities handled by the ZA including, but not limited to, complaints and special requests.

         (i)   A copy of all date included with zoning permit applications and permit approvals and refusals filed since the Commissions last meeting must be available for review by the Commission at its meetings.

      (14)   The ZA must know and have current knowledge of all village ordinances, resolutions and rules that may impact zoning.

   (D)   Zoning violations.

      (1)   The Zoning Administrator will issue a zoning violation as follows:

         (a)   When the Zoning Administrator determines there is a violation of any provision of the Zoning Ordinance; or

         (b)   After formal action by the Village Council or the Village Board of Zoning Appeals or State Court.

      (2)   The ZA will issue a stop work order when he or she determines that work is being done contrary to this section or after formal action by the Village Council or the Village Board of Zoning Appeals.

      (3)   An order to cease and desist will be issued when the ZA determines that land or structures are being used contrary to this section or after formal action by the Village Council or the Village Board of Zoning Appeals.

      (4)   The ZA will issue a revocation notice revoking a permit issued contrary to this section based upon mistake, false or incomplete information or misrepresentation or any combination of the above by any person or persons, including the ZA.

      (5)   All notices or orders shall:

         (a)   Be in. writing;

         (b)   Identify the violation;

         (c)   Include the reason(s) for its issuance referring to section(s) of this section;

         (d)   State the time by which the violation shall be corrected if immediate compliance is not warranted;

         (e)   State the time and manner of appeal permitted by this section and shall be served as provided under services of notices or orders.

   (E)   Services of notice or orders.

      (1)   Notices or orders shall be delivered upon the person(s) responsibly by the ZA as follows:

         (a)   By personal delivery by personally handing the notice or order to such person(s), noting the date, time and place of service upon the village's copy;

         (b)   By certified mail, return receipt requested: if returned unclaimed, by ordinary mail, with proof of service. Ordinary mail shall be deemed complete upon mailing as long as the mailing is not returned within 15 days showing failure of delivery.

      (2)   In addition to the service of notice orders, a copy of all notices or orders which require immediate compliance shall be posted upon the premises where the zoning violation is taking place, if feasible.

      (3)   If the zoning violation is not corrected within the specified period of time, the ZA shall refer the matter to the Village Solicitor for appropriate legal action.

   (F)   Final inspection. It shall be the duty of the ZA to conduct routine follow-up at three-month intervals on the status of each issued permit and make recommendaiions to the Planning Commission, Village Council or Village Solicitor of any action necessary to insure compliance with the issued permit or to authorize or disapprove a final inspection.

(Ord. 27, 2002, passed 9-12-2002)