The purpose of this chapter is to delineate the scope of applicability, specific procedures and requirements, and approval standards that are applicable to each zoning application and approval.

(Ord. No. 12-09-39, § 2(4.1), 8-24-12)

A.

Purpose. The regulations imposed and the districts created by this title may be amended from time to time in accordance with this section. This process for amending the zoning ordinance text or the official zoning map is intended to permit modifications in response to changed conditions or changes in village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

B.

Initiation. An owner of any property in the village, other person expressly authorized in writing by the owner of property in the village, or the village may propose zoning text or map amendments.

C.

Authority and Execution. The village board, after receiving a recommendation from the planning and zoning commission, shall take formal action on requests for zoning text or map amendments.

D.

Procedure. All applications shall be filed with the zoning administrator in accordance with the requirements of Section 20.12.020 (Application). Once it is determined that the application is complete, the zoning administrator shall schedule the application for consideration by the planning and zoning commission. Amendments initiated by the village also require an application, but are exempt from fees.

1.

Action by the Planning and Zoning Commission.

a.

The planning and zoning commission shall consider the proposed zoning amendment no more than sixty days of receipt of a complete application. The planning and zoning commission shall then conduct a public hearing on a proposed zoning amendment in accordance with Section 20.12.040 (Public Hearing). Notice for the public hearing shall be in accordance with Section 20.12.030 (Notice). If, in the planning and zoning commission's judgment, the application does not contain sufficient information to enable the planning and zoning commission to properly discharge its responsibilities, the planning and zoning commission may request additional information from the applicant. In that event, the sixty-day period shall be suspended pending receipt of all requested information and/or the public hearing may be continued.

b.

Within sixty days of the close of the public hearing, the planning and zoning commission shall forward to the village board its recommendation, together with the minutes of the hearing.

c.

The planning and zoning commission shall evaluate the application, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in subsection E below. For zoning text amendments, the planning and zoning commission shall recommend approval, approval with conditions, or denial of the application. For zoning map amendments, the planning and zoning commission shall recommend approval or denial of the application.

2.

Action by the Village Board. The village board shall consider the application within sixty days of receiving the findings of fact and recommendation from the planning and zoning commission. The village board may take action in the form of approval, approval with conditions, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments. The village board may also refer the application back to the planning and zoning commission for further consideration.

E.

Approval Standards for Zoning Amendments. The planning and zoning commission recommendation and the village board decision on any zoning amendment, whether text or map amendment, is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the planning and zoning commission and the village board shall consider the following standards. The approval of amendments is based on a balancing of these standards.

1.

Approval Standards for Map Amendments.

a.

The existing use and zoning of nearby property.

b.

The extent to which property values of the subject property are diminished by the existing zoning.

c.

The extent to which the proposed amendment promotes the public health, safety, and welfare of the village.

d.

The relative gain to the public, as compared to the hardship imposed upon the applicant.

e.

The suitability of the property for the purposes for which it is presently zoned, i.e. the feasibility of developing the property in question for one or more of the uses permitted under the existing zoning classification.

f.

The length of time that the property in question has been vacant, as presently zoned, considered in the context of development in the area where the property is located.

g.

The evidence, or lack of evidence, of community need for the use proposed by the applicant.

h.

The consistency of the proposed amendment with the comprehensive plan.

i.

That the proposed amendment will benefit the residents of the village as a whole, and not just the applicant, property owner(s), neighbors of any property under consideration, or other special interest groups, and the extent to which the proposed use would be in the public interest and would not serve solely the interest of the applicant.

j.

The extent to which the proposed amendment creates nonconformities.

k.

The trend of development, if any, in the general area of the property in question.

l.

Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses, which would be permitted on the subject property if the amendment were adopted.

2.

Approval Standards for Text Amendments.

a.

The extent to which the proposed amendment promotes the public health, safety, and welfare of the village.

b.

The relative gain to the public, as compared to the hardship imposed upon the applicant.

c.

The consistency of the proposed amendment with the comprehensive plan.

d.

The consistency of the proposed amendment with the intent and general regulations of this title.

e.

Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.

f.

Whether the proposed amendment provides a more workable way to achieve the intent and purposes of this title and the comprehensive plan.

g.

The extent to which the proposed amendment creates nonconformities.

h.

The extent to which the proposed amendment is consistent with the overall structure and organization of this title.

F.

Limitations on Denials. No application for an amendment that has been denied by the village board shall be reconsidered for a period of one year from that date of denial.

G.

Written Protest of Map Amendment. Whenever a written protest against a proposed map amendment has been filed within thirty days after the public hearing, the ordinance providing for the proposed map amendment shall not be passed except by the favorable vote of two-thirds of the members of the village board. Such written protest must be signed by one of the following:

1.

The owners of twenty percent of the frontage of property proposed to be altered; or

2.

The owners of twenty percent of the frontage of property immediately adjoining in the same block or in the block in back of or across an alley therefrom; or

3.

The owners of twenty percent of the frontage of property immediately opposite therefrom.

(Ord. No. 12-09-39, § 2(4.2), 8-24-12)

A.

Purpose. The variation process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this title that create practical difficulties or particular hardships.

B.

Initiation. An owner of any property in the village or other person expressly authorized by the owner in writing may request a variation for that property.

C.

Definition and Applicability of Major and Administrative Variations. This title allows for two types of variation. An administrative variation may be approved by the zoning administrator and a major variation may only be approved by the village board in accordance with the procedures of this section. Applications eligible for an administrative variation are as defined below. All other variations are considered major variations.

1.

A variation for lot width within ninety percent of required minimum lot width.

2.

Reduction in required setbacks of no more than ten percent or two feet, whichever is less.

3.

Reduction of required off-street parking spaces by no more than ten percent of the required amount.

4.

A variation for bicycle parking requirements.

5.

A variation for the footcandle restrictions of exterior lighting.

6.

A variation of permitted building materials.

7.

A variation for maximum setback or build-to zone when a drive-through facility is present and interferes with said maximum setback or build-to zone.

8.

A variation for outdoor dining requirements.

9.

Within the C-5 Zoning District these additional Administrative Variation may be considered:

a.

A variation for unlisted accessory structures.

b.

A variation for landscaping and screening regulations.

D.

Authority and Execution. Variations may be authorized by the terms of this title. Major variations may only be authorized by the village board. The zoning administrator is authorized to grant certain administrative variances, as defined in subsection C (Definition and Applicability of Major and Administrative Variations) above.

E.

Procedure.

1.

Application. All applications shall be filed with the zoning administrator in accordance with the requirements in Section 20.12.020 (Application). Once it is determined that the application is complete, the zoning administrator shall consider an application for an administrative variation or shall forward the major variation application to the planning and zoning commission.

2.

Administrative Variation.

a.

The zoning administrator shall review and evaluate the complete administrative variation application, pursuant to the standards in subsection F (Approval Standards for Variations) below. The zoning administrator shall render a decision at the conclusion of the thirty days on the required notice and either approve, approve with conditions or deny the application.

b.

The zoning administrator may also, at his/her discretion, determine that, because of its nature, a proposed administrative variation application, even if it meets the criteria of subsection C above, must be resubmitted in accordance with the procedures for a major variation, as described in subsection (E)(3) (Major Variance) below.

c.

If a noticed property owner objects to the administrative variation application in writing, prior to the date indicated on the notice that the zoning administrator may render a decision, the application shall be resubmitted as a major variation. Major variation application, notice and public hearing requirements shall be required.

d.

If the zoning administrator denies the application for an administrative variance, the applicant shall have the right to appeal to the planning and zoning commission. Appeals must be filed within thirty days of the zoning administrator's denial in accordance with Section 20.16.070 (Appeals).

3.

Major Variation.

a.

The planning and zoning commission shall consider the major variation application no more than sixty days of receipt of a complete application. The planning and zoning commission shall then conduct a public hearing on a major variation application in accordance with Section 20.12.040 (Public Hearing). If, in the planning and zoning commission's judgment, the major variation application does not contain sufficient information to enable the planning and zoning commission to properly discharge its responsibilities, the planning and zoning commission may request additional information from the applicant. In that event, the sixty-day period shall be suspended pending receipt of all requested information and/or the public hearing may be continued.

b.

The planning and zoning commission shall evaluate the application, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in subsection F below.

c.

The planning and zoning commission shall recommend approval, approval with conditions or denial of the application. The planning and zoning commission shall, within sixty days of the close of the public hearing, forward its recommendation to the village board.

d.

The village board shall consider the variation within sixty days of receipt of the planning and zoning Commission recommendation. The village board may also refer the application back to the planning and zoning commission for further consideration.

F.

Approval Standards for Variations.

1.

No variation from the provisions of this title shall be granted unless the zoning administrator, planning and zoning commission and village board makes specific written findings based on the standards imposed by this section. These standards are as follows:

a.

The strict application of the terms of this title will result in undue hardship.

b.

The plight of the owner is due to unique circumstances.

c.

The variation, if granted, will not alter the essential character of the locality.

2.

The zoning administrator, planning and zoning commission and village board, in making its findings, may inquire into the following evidentiary issues, as well as any others deemed appropriate:

a.

The particular physical surroundings, shape or topographical conditions of the specific property impose a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

b.

The alleged difficulty or hardship has not been created by any person presently having a proprietary interest in the property in question.

c.

The granting of the variation will not be detrimental to the public welfare in the neighborhood in which the property is located.

d.

The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety or impair property values within the neighborhood.

e.

The proposed variation is consistent with the spirit and intent of this title and village land use policies.

f.

The value of the property in question will be substantially reduced if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located.

G.

Conditions and Restrictions. The planning and zoning commission may recommend, and the village board or zoning administrator may impose, such conditions and restrictions upon the location, construction, design and use of the property benefited by a variation as may be necessary or appropriate to protect the public interest, adjacent property and property values. Failure to maintain such conditions or restrictions as may be imposed shall constitute grounds for revocation of the variation. The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the recommendation and approval.

H.

Variation Less Than Requested. The appropriate administrative body or official may grant a variation that is less than that requested when it has been decided, based upon the findings of subsection F, above, that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the variation application.

I.

Expiration of Variation. No approved variation shall be valid for a period longer than one hundred eighty days from the date of such approval unless a building permit is obtained within such period, and the erection or alteration of a building is started or the use is commenced within such period. The village board may grant, as part of the adopting ordinance, a period of validity longer than one hundred eighty days.

J.

Limitations on Denials. No application for a variation that has been denied shall be reconsidered for a period of one year from that date of denial.

(Ord. No. 12-09-39, § 2(4.3), 8-24-12; Ord. No. 13-03-12, § 2, 3-25-13; Ord. No. 16-08-46, § 3, 8-22-16; Ord. No. 19-02-13, § 3, 2-11-19)

A.

Purpose. The development and execution of a zoning ordinance is based upon the division of the village into districts. Within each district the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are specific 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 uses may be either public or private, and are 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. An owner of the subject property or other person expressly authorized in writing by the owner of property in the village may file an application to use such land for one or more of the special uses authorized within the zoning districts of this title.

C.

Authority and Execution. The village board, after receiving a recommendation from the planning and zoning commission, shall take formal action on special use requests.

D.

Procedure. An application for a special use shall be filed with the zoning administrator. All applications for a special use shall be filed in accordance with the requirements in Section 20.12.020 (Application). Once it is determined that the application is complete, the zoning administrator shall schedule the application for consideration by the planning and zoning commission.

1.

Action by the Planning and Zoning Commission.

a.

The planning and zoning commission shall consider the special use no more than sixty days of receipt of a complete application. The planning and zoning commission shall then conduct a public hearing on the special use in accordance with Section 20.12.040 (Public Hearing). Notice for the public hearing shall be in accordance with Section 20.12.030 (Notice). If, in the planning and zoning commission's judgment, the application does not contain sufficient information to enable the planning and zoning commission to properly discharge its responsibilities, the planning and zoning commission may request additional information from the applicant. In that event, the sixty-day period shall be suspended pending receipt of all requested information and/or the public hearing may be continued.

b.

Following a public hearing on an application for special use, the planning and zoning commission shall determine whether or not to recommend approval of the special use. The planning and zoning commission shall, within sixty days of the close of the public hearing, forward its recommendation or approval or approval with conditions to the village board.

c.

The planning and zoning commission shall vote to recommend either approval, approval with conditions or denial of the special use, and such recommendation shall be forwarded to the village board. The planning and zoning commission shall make findings, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in subsection E below.

2.

Action by the Village Board. The village board shall consider the special use within sixty days of receipt of the planning and zoning commission recommendation. In granting any special use, the village board may require such evidence and guarantees, as it may deem necessary, to assure compliance with the stipulated conditions. The village board may refer the application back to the planning and zoning commission for further consideration.

3.

Conditions on Special Uses. The planning and zoning commission may recommend, and the village board may impose, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as may be deemed necessary for the protection of the public interest.

E.

Approval Standards for Special Uses. No special use shall be recommended for approval by the planning and zoning commission and approved by the village board unless it has made findings, based upon the evidence presented at the public hearing, to support each of the following conclusions:

1.

The establishment, maintenance and operation of the special use in the specific location proposed will not endanger the public health, safety or general welfare of any portion of the community.

2.

The proposed special use is compatible with adjacent properties and other property within the immediate vicinity of the special use.

3.

The special use in the specific location proposed is consistent with the spirit and intent of this title and the village land use policies.

4.

The special use conforms to the applicable regulations of the zoning district in which it is to be located.

F.

No Presumption of Approval. The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each proposed special use shall be evaluated on an individual basis, in relation to all applicable standards of this title. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.

G.

Revocation of Special Use. A special use may be revoked by the village board after a finding of the existence of any one of the following conditions or of the occurrence of any of the following events:

1.

Any of the provisions of this section or the zoning ordinance, or any of the terms and conditions of the special use permit are violated.

2.

A building permit for the construction of the structure(s) for which a special use permit was granted is not issued, through no fault of the village, within one year of the granting of the special use permit by the village board, and the erection or alteration of a building is started or the use is commenced within such period.

3.

Whenever an existing special use is changed to or replaced by a permitted use.

4.

Whenever a special use is discontinued (where the business has been closed and is no longer operating) for a period of one hundred eighty continuous days.

H.

Limitations on Denials. No application for a special use, which has been denied by the village board, shall be reconsidered for a period of one year from that date of denial.

(Ord. No. 12-09-39, § 2(4.4), 8-24-12)

Where permitted within district regulations, planned unit developments shall be considered special uses, and subject to the process and requirements of both special uses in Section 20.16.040 (Special Use) and planned unit developments. See Chapter 20.20 (Planned Unit Development) of this title for planned unit development process and requirements.

(Ord. No. 12-09-39, § 2(4.5), 8-24-12)

A.

Purpose. This interpretation authority is not intended to add or change the essential content of the title. The interpretation authority is intended to recognize that the provisions of this title, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue.

B.

Initiation. Applications for zoning interpretations may be filed by an owner of any property in the village or other person authorized in writing by the owner of property in the village. In addition, the village board may request that the zoning administrator render an interpretation. All applications for interpretations shall be filed with the zoning administrator in accordance with the requirements in Section 20.12.020 (Application). Requests initiated by the village board require an application, but are exempt from fees. All interpretation requests shall be for the purpose of furthering some actual development.

C.

Authority and Execution. The zoning administrator shall review and make final decisions on written requests for interpretations.

D.

Procedure. The zoning administrator shall review a written request for an interpretation and render the interpretation in writing within a reasonable time. The zoning administrator shall have the ability to request additional information prior to rendering an interpretation.

E.

Appeals. An applicant may appeal the zoning administrator's decision to the planning and zoning commission within thirty days of the decision.

(Ord. No. 12-09-39, § 2(4.6), 8-24-12)

A.

Purpose. The zoning appeals process for review of decisions of the zoning administrator is intended to provide appropriate checks and balances on administrative authority.

B.

Initiation. Applications for appeals may be filed by any owner of any property in the village that is directly affected by a determination of the zoning administrator.

C.

Authority and Execution. The planning and zoning commission may review only those decisions of the zoning administrator that result from determinations made directly pursuant to this zoning ordinance. Other decisions and actions of the zoning administrator cannot be appealed under this process.

D.

Procedure. Upon the filing of an application for an appeal of a zoning administrator determination, the planning and zoning commission shall conduct a public hearing in accordance with Sections 20.12.040 (Public Hearing) within sixty days of receipt of a complete application. If, in the planning and zoning commission judgment, the application does not contain sufficient information to enable the board to properly discharge its responsibilities, the planning and zoning commission may request additional information from the applicant. In that event, the sixty-day period shall be suspended pending receipt of all requested information and/or the public hearing continued. Notice shall give in accordance with Section 20.12.030 (Notice). The planning and zoning commission shall decide the appeal within sixty days of the close of the public hearing. The planning and zoning commission may reverse or affirm or may modify the determination. The planning and zoning commission decision must be on the record.

E.

Limitations on Appeals. An interpretation may only be appealed if an application is filed within thirty days of the zoning administrator decision.

(Ord. No. 12-09-39, § 2(4.7), 8-24-12)

Before proceeding with the erection, enlargement, alteration, repair or removal of any structure in the village, a building permit for such erection, enlargement, alteration, repair or removal is required. As part of the building permit application process, the zoning administrator shall review the application for compliance with this title.

(Ord. No. 12-09-39, § 2(4.8), 8-24-12)

No land shall be occupied or used, no structure shall be occupied or used, in whole or in part, and no change of use shall be made for any purpose whatsoever until a certificate of occupancy is issued stating that the building and use comply with all the building and health laws and ordinances and with the provisions of these regulations. The zoning administrator shall be responsible for determining compliance with the ordinance codified in this title and all other applicable ordinances prior to issuance of a certificate of occupancy.

(Ord. No. 12-09-39, § 2(4.9), 8-24-12)

A.

Enforcement. This title shall be enforced by the zoning administrator. The zoning administrator may secure the assistance of the village attorney to seek an injunction, abatement or other appropriate actions to enjoin, abate, or stop any violation of this title. At times, the aid of the police department may be sought to enforce this title. The zoning administrator may secure the assistance of the building department and the administrative hearing process to enforce this title. The property owner charged with the violation may be held responsible for any legal expenses incurred by the village.

B.

Penalties. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this title, upon conviction, shall be fined for each offence. Each day that a violation continues shall constitute a separate offense for the purposes of the penalties and remedies available to the village. The accumulation of penalties for violations, but not the obligation for payment for violations already committed, shall cease upon correction of the violation.

C.

Fines. Each violation, and each day that such violation continues, shall be subject to a fine as set forth in genral fees and penalties in the Fee Schedule Chapter 380.

(Ord. No. 12-09-39, § 2(4.10), 8-24-12; Ord. No. O-24-10-50, § III(Exh. B), 10-28-24)