The provisions of this chapter shall be administered and enforced by a zoning administrator, as designated by the village council, or by such deputies of his department as the zoning administrator may delegate with village council approval to enforce the provisions of this chapter.

(1)

Zoning administrator.

(a)

The zoning administrator shall receive all applications for development or redevelopment pertaining to this chapter. The zoning administrator shall review all applications, site plans, and other material for new developments, special exception permits, re-zonings, and variances, to ensure that all the requirements of this article have been met. The zoning administrator shall then forward the necessary information to the bodies in charge of the requested action.

(b)

The zoning administrator shall have the power to grant zoning permits, occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the zoning administrator to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this chapter.

(c)

The zoning administrator shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as restrictive covenants or private agreements which may occur upon the granting of such permit.

(d)

Other powers granted under the provisions of this chapter.

(2)

Village council.

(a)

Appoint planning commission and ZBA members.

(b)

Adopt ordinances and ordinance amendments.

(c)

Set fees.

(3)

Planning commission.

(a)

Review and approve site plans.

(b)

Hold public hearings to review and approve special use permits.

(c)

Hold public hearings to review and make recommendations to the village council on zoning ordinance amendments.

(4)

Village clerk.

(a)

Maintain the records of the planning commission and ZBA.

(b)

Prepare notices and mail or publish them as required.

The following shall apply in the issuance of any zoning permit:

(1)

When zoning permits are required. A zoning permit issued by the zoning administrator verifying compliance with the terms of this chapter shall be required prior to:

(a)

The excavation for any building or structure.

(b)

The erection of, addition to, alteration of, or moving of any building or structure.

(c)

The change of an existing use of land or building.

(2)

Application requirements. A zoning application shall consist of the required fee, a completed application form and a plot plan at least eight and one-half inches by eleven inches, drawn to scale, showing:

(a)

The location, shape, area and dimension of the lot.

(b)

The location, dimension, height and bulk of the existing and/or proposed structures to be erected, altered, or moved on the lot.

(c)

The intended uses.

(d)

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

(e)

The yard, open space, driveways and parking space dimensions and surfaces.

(f)

Flow and discharge of drainage.

(g)

Any easements on the property.

(h)

Any other information deemed necessary by the zoning administrator to determine and provide for the enforcement of this chapter.

(3)

Review period. The zoning administrator shall review and make a determination on a zoning permit within 15 calendar days of receipt of a complete application. An applicant may submit an application for approval to the zoning board of appeals for any permit that exceeds this period.

(4)

Voiding of permit. Any permit granted under this section shall expire after one year from the date of its approval unless the development proposed has passed its first building inspection. Any permit granted under this section shall expire after two years, unless the improvements outlined in the permit are completed.

(5)

Inspection. The development or usage proposed by any zoning permit shall be subject to two zoning inspections; one inspection after the site has been staked but before construction begins and the other after construction is complete but before occupancy occurs. It shall be the duty of the permit holder to notify the zoning administrator regarding times of proper requests for inspection. Failure of the permit holder to make proper requests for inspection shall automatically cancel the permit, requiring the issuance of a new permit before construction may proceed or occupancy may be permitted.

(6)

Zoning permit effect on building permits. No building permit shall be issued prior to approval of the zoning permit.

A fee schedule for applications required under this chapter shall be set by resolution of the village council to partly defray the expense of publishing the required notices of public hearings, review of the request, expenses of the public hearing and other costs associated with the request. In addition to set fees the council may assess to the applicant costs imposed by the village for the review of the request.

(1)

A person who violates any provision of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine as established by the village council under Chapter 19 of this Code, section 19-6, Schedule of civil fines established.

(2)

Prior to the issuance of a municipal civil infraction notice or citation, the village shall give written notice, by first class mail, to any person in violation of any of the provisions of this chapter, giving them 14 days to correct the violation.

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions of this chapter, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

The rights and remedies provided in this article are cumulative and in addition to any other remedies provided by law.

In the interest of ensuring compliance with this chapters' provisions, protecting the natural resources and the health, safety and welfare of the residents of the village and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the planning commission or zoning administrator (depending on who approved the site plan) may require the applicant to deposit a performance guarantee as set forth herein. Performance guarantees shall be required in instances where a building permit or occupancy permit is requested prior to completion of all improvements on an approved site plan. The purpose of the performance guarantee is to ensure completion of improvements connected with the proposed use as required by this chapter, including but not limited to roadways, lighting, utilities, sidewalks, drainage, fences, screens, walls, landscaping, and widening strips.

(1)

Performance guarantee as used herein shall mean a cash deposit, certified check, irrevocable bank letter of credit, corporate surety or performance bond in the amount equal to 115 percent of the estimated cost of the improvements to be made as determined by the applicant and verified by the zoning administrator.

(2)

Where the planning commission requires a performance guarantee, said performance guarantee shall be deposited with the village treasurer prior to the issuance of a zoning permit. The village shall deposit the performance guarantee, if in the form of a cash deposit, certified check or performance bond in an interest-bearing account.

(3)

An approved site plan shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of the issuance of the building permit.

(4)

In the event the performance guarantee deposited is a cash deposit or certified check, the village shall rebate to the applicant 50 percent of the deposited funds when 60 percent of the required improvements are completed as confirmed by the zoning administrator, and the remaining 50 percent of the deposit funds when 100 percent of the required improvements are completed as confirmed by the zoning administrator.

(5)

Upon the satisfactory completion of the improvements for which the performance guarantee was required, as determined by the zoning administrator, the treasurer shall return to the applicant the performance guarantee deposited and any interest earned thereon.

(6)

In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the village, the village shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements. If the performance guarantee is not sufficient to allow the village to complete the improvements for which it was posted, the applicant shall be required to pay the village the amount by which the costs of completing the improvements exceed the amount of the performance guarantee. Should the village use the performance guarantee or a portion thereof to complete the required improvements, any amount remaining after said completion shall be applied first to the village's administrative costs in completing the improvement with any balance remaining being refunded to the applicant. If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the village to ensure completion of an improvement associated with the proposed project prior to the village's approval, the applicant shall not be required to deposit with the village a performance guarantee for that specific improvement. At the time the performance guarantee is deposited with the village and prior to the issuance of a building permit, the applicant shall enter into an agreement incorporating the provisions hereof with the village regarding the performance guarantee.