The provisions of this chapter shall be enforced by an agent to be appointed by the Village Board of Trustees, who shall be known as the "Zoning Officer." It shall be the duty of the Zoning Officer to issue permits as herein provided; to keep a record of all applications for permits and a record of all permits issued, with notation of all special conditions involved; and to check performance under permits issued for conformity to permit authorizations. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Board of Trustees and other officials of the Village of Monticello. The Zoning Officer shall issue no permit for the construction, location or use of any building or for the use of any land unless it conforms also to the requirements of all other ordinances of the Village of Monticello.

The Zoning Officer shall refer to the Planning Board for review all applications for a special use as provided by § 280-12 of this chapter.

All such proposals shall be referred to the Planning Board. The Planning Board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section. Public notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof. The authorized board shall decide upon the application within 62 days after the conduct of the hearing. The Planning Board may approve, disapprove or modify and amend the proposal and place such conditions thereon as it deems necessary. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.

There is hereby created a Zoning Board of Appeals of five members, to be appointed by the Village Manager. Of the initial appointees to the Zoning Board of Appeals, one shall serve until the first day of April following the date of the chapter, one until the first day of the second April thereafter, one until the first day of the third April thereafter, one until the first day of the fourth April thereafter and one until the first day of the fifth April thereafter. Their successors shall be appointed, upon the expiration of their respective terms, to serve five years. The Village Manager shall have the power to remove any member of the Zoning Board of Appeals for cause and after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public. Such Board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record.

Such Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter. It shall also hear and decide all matters referred to it upon which it is required to pass under this chapter. The concurring vote of a majority of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to effect any variation from this chapter. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Village.

Such appeals to the Zoning Board of Appeals shall be taken within such time as shall be prescribed by the Board by general rule by filing with the officer from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the 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 officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record upon application, or notice to the officer from whom the appeal is taken and on due cause shown.

The Zoning Board of Appeals shall fix a reasonable time for the hearing of appeals and give due notice thereof to the parties and decide the same within a reasonable time. At the hearing, any person may appear in person or by agent or attorney. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and, to that end, shall have all the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

Upon any application to the Zoning Board of Appeals for a variance, the applicant for the variance must notify all property owners within a radius of 300 feet of the property for which the variance has been requested of the hearing to be held by the Zoning Board of Appeals. Such notice shall be sent by certified mail, return receipt requested, to all of said property owners as their names may appear on the tax roll of the Village of Monticello. It shall be the duty of the applicant for the variance to ascertain the names of the property owners and to effect service of the notice required hereunder. No variance may be granted, nor any hearing conducted on the request for the variance, unless and until the applicant shall submit satisfactory proof to the Zoning Board of Appeals that it has complied with the terms and provisions hereof.

Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals, or any officer, department, board or bureau of the Village, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the legality. Such petition must be presented to the court within 30 days after the filing of the decision in the office of the Board.

Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Zoning Board of Appeals to review such decision of the Zoning Board of Appeals and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than 10 days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, upon application or notice to the Zoning Board of Appeals and on due cause shown, grant a restraining order.

The Zoning Board of Appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be called for by such writ. The return must concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and must be verified.

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.

All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

In any proceeding before the Zoning Board of Appeals or the Planning Board, if it becomes necessary for the Village or its Boards to hire expert consultants in connection with surveying, engineering, architecture or other construction questions in considering the application and the disposition to be made thereof, the applicant shall, as a condition to such proceeding and upon written demand therefor by the Village or its Board, reimburse the Village for the reasonable fees and charges of any and all such consultants.

Reimbursement to the Village of such charges by the applicant shall be a condition precedent to the determination of the Village of such application as may be pending.

Further, by making any such application, the applicant shall be deemed to have consented to the Village imposing such charges. Should the applicant fail to reimburse the Village therefor, such charges shall be certified by the Village Board in question or the Village Clerk to the Assessor, whose duty it is to assess and levy taxes for said Village, and such charges shall thereupon be and become a first and paramount lien upon the premises which is the subject of such application and shall be added to, recorded and collected in the same manner as the taxes next to be assessed and levied against such premises.

Applicant shall provide an escrow, hold harmless and insurance agreement in form adopted by the Board of Trustees, make all required escrow deposits at the time of submission of application, and refresh the escrow as required during the course of all proceedings before the Zoning Board of Appeals or the Planning Board, during the course of construction and as a condition of issuance of any approval, decision, certificate of occupancy or certificate of compliance.

There shall be a Planning Board of five members. The members and Chairperson of such Planning Board shall be appointed by the Village Manager. The Village Manager shall also appoint an Acting Chairperson who would act as the Chairperson in the absence of the Chairperson or in the event the Chairperson must recuse themselves.

Members shall be appointed for terms of five years. If a vacancy shall occur otherwise than by expiration of the term, it shall be filled by the Village Manager by appointment subject to the approval of the Board of Trustees for the unexpired term.

Meetings shall be held at the call of the Chairman or at such other times as the Planning Board may determine. A quorum shall consist of three members. The Board shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of its examinations and other official actions. Minutes and determinations of the Planning Board shall be filed with the Village Clerk.

The Planning Board shall review and approve all site plans and special use permits complying with the applicable provisions of this Code and other applicable state and federal laws and rules and regulations.