The administration of this title is vested in three offices of the government of the village as follows:

A.

The office of the zoning administrator;

B.

The zoning board of appeals;

C.

The planning commission.

(Zoning ordinance dated 6/3/03 § 15-1.0)

The zoning administrator shall be appointed by the village president with the concurrence of the village board. The zoning administrator may be provided with the assistance of such other persons as the village board may direct.

The zoning administrator shall administer and enforce this title and shall:

A.

Issue building permits;

B.

Issue occupancy permits;

C.

Perform inspection duties;

D.

Maintain permanent and current records of this title including all amendments, special uses, variations, appeals and applications therefor;

E.

Keep the zoning text and map up-to-date;

F.

Investigate alleged violations of this title;

G.

Provide a source of public information relating to this title;

H.

Receive, file and forward to the planning commission all applications for special uses and for zoning map amendments;

I.

Receive, file and forward to the zoning board of appeals all applications for appeals and variations;

J.

Issue temporary use permits;

K.

Initiate, direct and review from time to time a study of the provisions of this title, and make recommendations to the planning commission as such study requires;

L.

Perform such other duties as are assigned to him or her by this title or by the village board.

The zoning administrator and his or her assistants, in the discharge of their duties and upon exhibition of proper credentials, shall have the right to enter at any reasonable hour, any building under construction or alteration.

(Zoning ordinance dated 6/3/03 § 15-2.0)

A.

The zoning board of appeals of the village, as established in accordance with state statutes, shall have the following powers:

1.

To interpret the ordinance where there is ambiguity in the provisions and to hear and decide appeals from decisions made by the zoning administrator;

2.

To hear and decide on applications for a variation in cases where there are practical difficulties or particular hardships in the way of carrying out the provisions of this title.

3.

To act and function as the planning commission of the village. Any duties assigned under the Village Code to the planning commission shall be performed by the zoning board of appeals.

B.

The zoning board of appeals shall consist of seven members to be appointed by the village president and board of trustees. The members of the zoning board of appeals shall serve as follows: for the initial appointments, one for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years; successors to each member so appointed shall serve for a term of five years. One of the members so appointed shall be named chairperson at the time of his appointment.

The zoning board of appeals of the village, as created and established under the provisions of the zoning ordinance of 1962, as amended, is reconstituted and re-established as the zoning board of appeals under the provisions of the comprehensive amendment in the ordinance codified in this title and the present duly appointed seven members of the zoning board of appeals shall continue to serve in such capacity for the full terms for which they were appointed.

C.

All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such other times as the board may determine. All testimony by witnesses at any hearing provided for in this comprehensive amendment shall be given under oath. The chairperson, or in his or her absence the vice chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. The concurring vote of four members of the zoning board of appeals shall be necessary on any matter on which it is authorized to decide. Every rule, regulation, order, requirement, decision or determination of the board shall immediately be filed in the office of the village clerk and shall be a public record.

(Ord. No. 2014-3, § 2, 5-6-2014; zoning ordinance dated 6/3/03 § 15-3.0)

The zoning board of appeals functioning as the planning commission of the village shall have the following duties under this title:

A.

To prepare and recommend to the village board a comprehensive or master plan for the present and future development or redevelopment of the municipality, and to recommend changes in the plan when deemed necessary;

B.

To give aid to village officials and members of the village administrative staff who are charged with the direction of projects for improvements embraced within the master plan, to further the making of these projects, and generally to promote the realization of the master plan;

C.

To hear and review all applications for special use permits and report the findings and recommendations to the village board;

D.

To hear and review all applications for zoning map amendments and report the findings and recommendations to the village board;

E.

To receive recommendations from the zoning administrator as related to the effectiveness of the rules and procedures of the administration and enforcement of the zoning ordinance, and to report its conclusions to the village board not less than once a year;

F.

To recommend to the village board amendments to the zoning map or ordinance.

(Ord. No. 2014-3, § 3, 5-6-2014; zoning ordinance dated 6/3/03 § 15-4.0)

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department or employee of the village unless the application for such permit has been subjected to review by the zoning administrator. Any permit or certificate of occupancy issued in conflict with the provisions of this title shall be null and void.

(Zoning ordinance dated 6/3/03 § 15-5.0)

No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the zoning administrator shall have inspected the structure and issued a certificate of occupancy, thus indicating that such land, building or part thereof, and the proposed use thereof are found to be in conformity with the provisions of this title. No change in a use, other than that of a permitted use, shall be made until such certificate of occupancy has been issued.

The application for and issuance of occupancy certificates shall be carried out as allowed for in the village of Metamora building code. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the office of the zoning administrator.

(Zoning ordinance dated 6/3/03 § 15-6.0)

A.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or plot of land is used in violation of this title, the proper authorities of the village, in addition to other remedies, may institute any appropriate action or proceedings to prevent the occupancy of such building, structure or land.

Any person violating any provisions of this title shall be fined in accordance with the general penalty provisions of Title 1 of this code.

( Ord. No. 2018-11 , § 37, 8-7-2018; zoning ordinance dated 6/3/03 § 15-7.0)

The village board shall establish a schedule of fees for building permits, occupancy certificates, sign permits, appeals, amendments and special uses. The schedule of fees shall be posted in the village clerk's office and the zoning administrator's office and may be altered or amended only by the village board.

Until all applicable fees have been paid in full, no action shall be taken on any application or appeal.

A.

Reimbursement of Certain Professional Fees. Where as a condition precedent to the establishment or modification of a use, this title requires that the owner or other person in control of a lot demonstrate compliance with any performance standard or other regulation imposed by this title, the person seeking to establish or modify the use shall reimburse the village for professional fees incurred by the village in connection with the evaluation of the proposed use or modification of use including, without limitation, fees paid to or billed by the village engineer or village attorney in connection with the review of any calculations or other documents or data which the person seeking to establish or modify the use is required to submit in order to demonstrate compliance with this title.

B.

Reimbursement of Expenses of Publication. At the time of application, the applicant shall in addition pay an amount estimated by the zoning administrator to cover the expense of publishing notice of any public hearing required in connection with any application including, without limitation, any application for an annexation or pre-annexation agreement. In the event that the amount estimated by the zoning administrator is less than the actual expense incurred for the purpose of publishing notice, the applicant shall in addition pay the difference between the estimated amount actually paid by the applicant and the actual cost. In the event that the actual cost is less than the amount estimated by the zoning administrator, then the applicant shall be refunded the difference between the actual cost and the amount paid.

(Ord. 2004-8 § 3, 2004; zoning ordinance dated 6/3/03 § 15-8.0)

A.

An appeal to the zoning board of appeals may be taken by any person aggrieved by the zoning administrator's act or refusal to act, or by any officer, department, board or bureau of the municipality.

B.

Such appeal shall be filed with the zoning administrator within forty-five days of the action being appealed from. Upon appeal the zoning administrator shall immediately transmit to the zoning board of appeals all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the zoning board that a stay would, in his or her opinion, cause imminent peril to life or property.

C.

Once the zoning board of appeals receives notice of the appeal, it shall, within a reasonable amount of time, hold a public hearing and make a decision. Notice of the public hearing shall be published at least once, not more than thirty nor less than fifteen days before the hearing in a newspaper published in the village. In addition, the zoning administrator shall notify by mail any person who has requested an opportunity to be heard in this matter and all landowners within two hundred fifty feet of the property in question. A majority vote of the total membership of the zoning board of appeals is necessary to reverse or uphold the decision of the zoning administrator.

(Zoning ordinance dated 6/3/03 § 15-9.0)

A.

It is the intent of this title to use the variation only to modify the application of this title to achieve a parity among properties similarly located and classified. Specifically, the variance is to be used to overcome some exceptional physical condition which poses practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his or her property as intended by the zoning ordinance. The applicant shall pay a thirty-five dollars fee to the village clerk to help defray the cost to the village of the variance.

1.

Application. After denial of a building permit by the zoning administrator, a property owner may apply to the zoning board for a variation using forms obtainable from the zoning administrator.

2.

Public Hearing. Upon receipt of an application for a variation, the zoning board of appeals shall, within a reasonable amount of time, hold a public hearing and make a decision. Notice of public hearing shall be published at least once, not more than thirty days, nor less than fifteen days before the hearing, in a newspaper published in the village. In addition, all landowners within two hundred fifty feet of the property in question shall be notified by mail of the hearing.

3.

Decision by Zoning Board of Appeals. Once the public hearing has been held, the zoning board of appeals shall approve, conditionally approve or deny the request for a variation. Every decision concerning a variation must be accompanied by written findings of fact, which shall specify the reasons for making the variation.

4.

Conditional Approval. The zoning board of appeals may make the granting of a variation contingent upon the acceptance of conditions imposed by the zoning board to protect neighboring property. These conditions of approval shall be set forth in a written statement separate from the findings of fact.

B.

Standards for Variations. The zoning board may grant a variation whenever it shall have determined, and placed in its records, that all of the following conditions have been met:

1.

That special circumstances or conditions such as exceptional narrowness, topography, or siting, fully described in the report of the zoning board, apply to the land for which a variation is sought, and that those conditions do not apply generally in the zone;

2.

That the special circumstances or conditions have not resulted from any act of the applicant subsequent to the adoption of the ordinance codified in this title, whether or not in violation of the provisions thereof;

3.

That, for reasons fully set forth in the report of the zoning board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of any reasonable use of his or her land. Mere loss in value shall not justify a variation; there must be a deprivation of beneficial use of land;

4.

That the variation granted is the minimum adjustment necessary for the reasonable use of the land;

5.

That the granting of any variation is in harmony with the general purposes and intent of this title, and will not be injurious to the neighborhood, detrimental to the public welfare or in conflict with the village's comprehensive plans for development.

(Zoning ordinance dated 6/3/03 § 15-10.0)

The following procedures shall be followed in amending the zoning map of the village.

A.

Initiation of Amendment. Amendments may be proposed by the village board, zoning board of appeals, planning commission or any citizen of Metamora.

B.

Application for Amendment. An application for an amendment shall be obtained from and filed with the zoning administrator in such form and accompanied by such information as required by the planning commission. In order to partially defray the expense of a zoning change public hearing, the person applying for a zoning change shall deposit with the village clerk the sum of thirty-five dollars. No part of such amount shall be refunded for failure of the amendment to be enacted into law.

C.

Hearing on Applications. The planning commission shall hold a public hearing on each application for a zoning map amendment. Notice of the public hearing shall be published at least once at least fifteen days, but not more than thirty days before the hearing in a newspaper published in the village.

D.

Findings of Fact and Recommendation of the Planning Commission. Within thirty days after the close of the hearing on a proposed zoning map amendment, the planning commission shall make written findings of fact and shall submit same together with its recommendations to the village board. The commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

1.

Existing uses of property within the general area of the property in question;

2.

The zoning classification of property within the general area of the property in question;

3.

The suitability of the property in question to the uses permitted under the existing and proposed classifications;

4.

The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the date the property in question was placed in its present zoning classification.

The planning commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any other classification than that requested by the applicant.

E.

Action by the Village Board.

1.

The village board shall not act upon a proposed amendment to this title until it shall have received a written report and recommendation from the planning commission on the proposed amendment.

2.

The village board shall act within three months of the decision of the planning commission.

3.

In case of a written protest against any proposed amendment, signed and acknowledged by the owners of twenty percent of the frontage proposed to be altered, or by the owners of twenty percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent of the frontage directly opposite the frontage proposed to be altered, such protest being filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds of the village board.

(Zoning ordinance dated 6/3/03 § 15-11.0)

A.

Purpose. The development and execution of this title is based upon the division of the village into districts, within which districts the uses of land and buildings and the yard and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:

1.

Uses publicly operated or traditionally connected with a public interest; and

2.

Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

B.

Initiation of Special Use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is specifically enforceable, may file an application to use land for a special use provided for in this title in the zoning district in which the land is located.

C.

Application for Special Use. An application for a special use permit, including a planned residential development special use permit, shall be filed with and on a form available from the zoning administrator. The application shall be accompanied by such plans and/or data prescribed by the commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in subsection E of this section.

D.

Hearing on Application. Upon receipt in proper form of the application and statement referred to in this section, the planning commission shall hold at least one public hearing on the proposed special use; not more than thirty days nor less than fifteen days in advance of such hearing, notice of time and place of such hearing shall be published in a newspaper published in the village, as prescribed by applicable state statutes. Supplemental or additional notices may be published or distributed as the planning commission may, by rule, prescribe from time to time.

E.

Findings of Fact and Recommendations of the Planning Commission. Within thirty days after the close of the public hearing on a special use permit application, the planning commission shall make written findings of fact and shall submit same together with its recommendations to the village board. The commission shall make findings based upon the evidence presented to it in each specific case.

1.

That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

2.

That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish or impair property values within the neighborhood;

3.

That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

4.

That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

5.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

6.

That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village board pursuant to the recommendations of the planning commission.

For each application for a special use permit the planning commission shall report to the village board the stipulations or additional conditions and guarantees to be complied with by the applicant when they are deemed necessary for the protection of the public interest.

F.

Action by the Village Board.

1.

The village board shall not act upon a special use permit application until it shall have received a written report and recommendation from the planning commission.

2.

The village board shall have three months of the date of decision by the planning commission to act on the special use permit application.

3.

The village board shall not be bound by either the findings or the recommendation of the planning commission. In particular, and without limitation, the village board may:

a.

Make findings of fact different from findings made by the planning commission based upon the evidence received during the hearing;

b.

Make findings of fact different than or in addition to those made by the planning commission based upon information available to the village board which was not available to the planning commission;

c.

Through its individual members engage in discussions with both opponents and proponents of a proposed special use and consider information derived through such discussions when evaluating a proposed special use and when formulating findings and conditions;

d.

Modify conditions recommended by the planning commission and impose other conditions in addition to those recommended by the planning commission.

(Zoning ordinance dated 6/3/03 § 15-12.0)