1. Administration. The administration of this Zoning Ordinance is hereby vested in the following:
   1. Zoning Enforcement Officer.
   2. Zoning Board of Appeals.
   3. Plan Commission
   4. Village Board of Trustees.
2. Scope of This Article. This Article outlines the authority of each of the administrative officers, elected officials and appointed commissioners identified above, and describes the procedures and substantive standards with respect to the following functions:
   1. Issuance of Zoning Certificates.
   2. Issuance of Occupancy Certificates.
   3. Appeals.
   4. Variations.
   5. Amendments.
   6. Special Uses.
   7. Planned Developments.
   8. Site Plan Reviews.
   9. Fees.
   10. Enforcement and Penalties.
       

The Zoning Enforcement Officer, or such individual that has been, or shall be duly appointed by the Village Board, shall be in charge of the administration and enforcement of this Article, and shall perform the following duties:

1. Issue all zoning certificates, and make and maintain records thereof,
2. Issue all certificates of occupancy and make and maintain records, thereof.
3. Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this Zoning Ordinance.
4. Maintain permanent and current records of this Zoning Ordinance including, but not limited to, all maps, amendments, special uses, site plan approvals, planned developments, variances, appeals, and applications therefore and hearings thereof.
5. Receive, file and forward for action, all appeals and applications for appeals, variations, amendments, special uses, planned developments, and site plan reviews, all of which may be filed initially with the Village Clerk.
6. Provide clerical and technical assistance that may be required by the Plan Commission and Zoning Board of Appeals in the exercise of their duties.
7. Initiate, at least annually, a study of the provisions of this Zoning Ordinance and make reports of recommendations for change to the Plan Commission.
8. Inform the Village Board of all violations of this Ordinance and all other matters requiring prosecution or legal action.
9. Discharge such other duties as may be required by this Article or as otherwise authorized or directed by the Village President or Board of Trustees.

In the absence of a duly appointed Zoning Enforcement Officer, the Village President shall be responsible for the performance of all duties, functions and responsibilities charged to the Zoning Enforcement Officer hereunder.

1. Establishment. The Plan Commission of the Village of Newark has been heretofore duly established according to Illinois Complied Statutes, Chapter 65.
2. Powers. The Plan Commission shall also have the power to:
   1. Review the recommendations of the Zoning Enforcement Officer as to the effectiveness of this Zoning Ordinance, and report its conclusions and recommendations to the Village Board, from time to time, but no less frequently than once each year.
   2. Review the Zoning District Map for accuracy on an annual basis, so that the Zoning District Map may be updated annually, and published in the manner required by law.
   3. Hear, decide, and consider all other matters upon which the Plan Commission is required to act pursuant to the provisions of this Zoning Ordinance, and as prescribed by applicable provisions of the Municipal Code or law.
      

1. Establishment. Zoning Board of Appeals of the Village of Newark has been heretofore duly established, according to Illinois Complied Statutes, Chapter 65.
2. Jurisdiction. The Zoning Board of Appeals shall also have the power to hear and decide all matters upon which the Zoning Board of Appeals is required to act under this Zoning Ordinance, and as prescribed by applicable provisions of the Municipal Code or law.
   

The Village Board of Trustees is the elected legislative authority of the Village of Newark, and has reserved unto itself the final authority on site plan review, special uses, planned developments, amendments, and variations, to be exercised pursuant to its legislative discretion.

1. No permit pertaining to the use of land or buildings shall be issued until the Zoning Enforcement Officer certifies in such permit that the application, with accompanying plans and specifications, conforms to:
   1. All regulations of the Zoning Ordinance, as may be modified by exceptions granted by the Village Board, and as set forth in a development ordinance adopted for the property.
   2. Conditions of approval which may have been required by the Village Board, also set forth in an adopted development ordinance.
2. When a permit for an improvement or use is not required by Newark’s Building Code, but the use or improvement requires conformance with the regulations of the Zoning Ordinance, then an application for a zoning certificate shall be filed with the Zoning Enforcement Officer.
3. All applications for zoning certificates shall be accompanied by:
   1. Two (2) copies of the current plat of the parcel of land, lot, lots, block or blocks, or parts or portions thereof which constitute the proposed zoning lot, drawn to scale showing the actual dimensions and monuments, as certified by a registered Illinois land surveyor, as a true copy of the piece, or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land. Said Plat shall be not less than 10 years old.
   2. Two copies of additional drawings, drawn to scale in such form as may be prescribed by the Zoning Enforcement Officer showing the:
      1. Proposed zoning lot.
      2. Building footprint.
      3. Height and bulk of the building lines, in relation to lot lines.
      4. Proposed use for building, structure or land.
      5. Other information required to determine compliance with the Zoning Ordinance.
4. Any permit or certificate issued under the provisions of this Ordinance may be revoked whenever there has been any false statement, misrepresentation or omission of a material fact in the application, plat, plans, drawings or other information on which the permit or approval was based.
   

1. No building or addition thereto, constructed after the effective date of this Zoning Ordinance, and no addition to a previously existing building shall be occupied, and no land, unused and vacant on the effective date of this Ordinance, shall be used for any purpose, until an occupancy certificate has been issued by the Village Building Enforcement Officer. No change in use in a zoning district shall be made until an occupancy certificate has been issued, stating that the use or occupancy complies with the provisions of the Zoning Ordinance, or modifications thereof and conditions of approval that may be granted by the Village Board as part of a development ordinance.
2. Every application for a building permit or zoning certificate shall be deemed to be an application for an occupancy permit. Every application for an occupancy certificate for a new use of land shall be made directly to the Village Building Enforcement Officer.
3. No occupancy certificate for a building, or portion thereof, constructed after the effective date of this Zoning Ordinance, shall be:
   1. Issued until construction has been completed, and the premises inspected and certified by the Zoning Enforcement Officer, to be in conformance with the plans and specifications upon which the zoning certification application was based.
   2. Issued, and no addition to a previously existing building shall be occupied, until the premises have been inspected and certified by the Zoning Enforcement Officer to be in compliance with all applicable standards.
4. An occupancy certificate shall be issued, or a written notice shall be given, to the applicant stating the reasons why any permit or approval issued under the provisions of this Zoning Ordinance may be revoked whenever there has been any false statement, misrepresentation or omission of material fact in the application, plat, plans, drawings or other information on which the permit or approval was based.
5. An occupancy certificate shall be issued, or a written notice shall be given, to the applicant stating the reasons why a certificate cannot be issued, no later than ten (10) working days after the Zoning Enforcement Officer is notified in writing that the building or premises is ready for inspection for occupancy.
6. Temporary Occupancy Permits may be issued if inclement weather is reasonably prohibiting the completion of any EXTERIOR building or site improvements that are otherwise required to be completed for the issuance of an occupancy certificate. The Village shall establish from time to time escrow deposit requirements to ensure that the remaining improvements will be completed as soon as possible following the issuance of the Temporary Occupancy Permit.
   

1. Form and Content of Petition.
   1. Each petition or application for an appeal variation, amendment, planned development or special use shall be prepared by the petitioner or applicant.
   2. Each petition or application submitted hereunder shall contain all information required to be submitted to under this Zoning Ordinance and by law and such other or further information as the Zoning Enforcement Officer shall deem relevant for a proper consideration of the petition or application submitted.
2. Publication of Notice. No public hearing before either the Zoning Board of Appeals or the Plan Commission on any appeal, or request or petition for variation, amendment, planned development or special use shall be held unless the notice of time and place of the hearing is to be published at least once, in one or more newspapers published in the Village, or if none, then in one or more newspapers with a general circulation within the Village.
   1. The notice shall be prepared by the petitioner, and submitted to the Zoning Enforcement Officer not less than forty (40) days before the scheduled hearing.
   2. Once received, the Zoning Enforcement Officer shall cause said notice to be published not more than thirty (30) nor less than fifteen (15) days before hearing. The Zoning Enforcement Officer may require the petitioner or applicant to cause the publication of such notice hereunder.
3. Notice to Adjacent Owners.
   1. Said petition or application shall include a list of all owners, as disclosed by the records of the Kendall County Recorder of Deeds, or as appears from the authentic tax records of Kendall County, of all property within 250 feet in each direction of the parcel, exclusive of road rights-of-way.
   2. The petitioner shall cause notice of the public hearing to be mailed to property owners at the addresses identified on the list, not less than fifteen (15), nor more than thirty (30) days before the hearing. Said notice shall include, at a minimum, information set forth in Section 21.2008 D, below.
   3. Said mailing shall be by Certified Mail, return receipt requested, and shall be accomplished at the expense of the petitioner or applicant.
   4. The applicant shall furnish to the Plan Commission or Zoning Board of Appeals a copy of the notice to adjacent property owners and a written statement certifying that he or she has complied with the requirements of this section. The Plan Commission or Zoning Board of Appeals shall only hear a petition for variation, appeal, special use, or amendment if the applicant furnishes the list and certificate herein described.
4. Contents of Notice. The notice of public hearing shall include at least the following information:
   1. The address and/or location of the property for which the appeal, planned development, variation, amendment, or special use is requested.
   2. A brief statement of the nature of the request.
   3. Existing zoning classification.
   4. Proposed zoning, if applicable.
   5. Requested exceptions from applicable regulations of the Zoning Ordinance, if applicable.
   6. The name and address of the legal and beneficial owner of the property for which the variation, appeal, amendment, special use or planned development is requested.
   7. A legal description of the subject property.
   8. The time, date and location of the public hearing.
5. Posting.
   1. Each petitioner or applicant, other than the Village, shall post and maintain on the subject property for a period of not less than fifteen (15) days prior to the hearing, the notice which identifies the time, place and purpose of the hearing:
      1. The notice shall be placed on a placard, and installed not more than fifteen (15) feet from the front lot line, and not less than four (4) feet above, and not more than six (6) feet above the ground, and placed in such a manner as can be seen from the street.
      2. The phrase “NOTICE OF PUBLIC HEARING” shall also be affixed to the placard, at a size that is large enough to be read from the street.
   2. The jurisdiction of the Zoning Board of Appeals or the Plan Commission to hold public hearings shall not be affected by the absence of a posted notice, if such absence is not the result of the applicant’s or petitioner’s failure to act or omission.
6. Continuation of Public Hearings. The Zoning Board of Appeals or the Plan Commission shall hold at least one public hearing on the proposed appeal, variation, amendment, planned development, or special use. However, public hearings may be continued by either the Zoning Board of Appeals or the Plan Commission, from time to time, without further notices being published, subject to compliance with the Illinois Open Meetings Act.
   

1. Authority. The Zoning Board of Appeals shall hear and decide upon all appeals from administrative decisions or actions related to this Zoning Ordinance, or other codes and ordinances of the Village of Newark, pursuant to procedures set forth herein.
2. Initiation.
   1. An appeal from a final order, requirement, decision or determination to issue, revoke, rescind or extend a permit or certificate requiring compliance with the provisions of this Zoning Ordinance may be taken to the Zoning Board of Appeals by any person aggrieved, or by any office or department of the Village of Newark.
   2. Such an appeal shall be taken within forty-five (45) days after the decision complained of, by filing with the Zoning Enforcement Officer, and with the Zoning Board of Appeals, a written notice of appeal specifying the grounds thereof.
   3. The Zoning Enforcement Officer shall transmit to the Zoning Board of Appeals all papers related to the decision which led to the appeal.
3. Notice of Appeal.
   1. Notice of Appeal shall, at a minimum, contain the following information:
      1. Name, address and phone number of the individual filing the appeal.
      2. Location of the property involved in the decision complained of.
      3. Identification of the section or provision of the Zoning Ordinance that is in dispute.
      4. Written decision of the Zoning Enforcement Officer, or the reason given by said officer, in support of the decision from which the appeal is taken.
      5. Description of the proposed use of the property, including a plat or plot diagram.
      6. Brief narrative argument and summary of the factual evidence upon which the appeal is based.
   2. An appeal shall stay 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 has 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 this event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a circuit court on application and on notice to the officer from whom the appeal is taken, and on due cause shown.
4. Hearing.
   1. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties.
   2. Notice requirements for public hearings on appeals shall be met in accordance with Section 21.2008, above.
   3. The hearing shall be conducted, and record of such proceedings shall be preserved, in such a manner as the Zoning Board of Appeals shall prescribe.
5. Decision. The Zoning Board of Appeals shall reach its decision within a reasonable period of time after the conclusion of the hearing of the appeal.
   1. The Zoning Board of Appeals may affirm or may reverse, wholly or in part, or may modify the order, requirement, decision, or determination as, in its opinion, ought to be made in the premises, and, to that end, may exercise all powers of the officer from whom the appeal was taken.
   2. Records of all actions of the Zoning Board of Appeals, relative to appeals, shall be maintained by the Village.
   3. The decision of the Zoning Board of Appeals shall be a final administrative decision, based on the evidence presented at the hearing of the appeal. A concurring vote of four (4) shall be required for reversal of or modification of the order, requirement, decision or determination of the Zoning Enforcement Officer.
      

1. Authority. The Village Board of Trustees shall decide variations from the provisions of this Ordinance that are in harmony with its general purpose and intent, and shall vary them only in the specific instances where the Zoning Board of Appeals has made a finding of fact based on the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of any regulation relating to the use, construction or alteration of buildings or structures or the use of land.
2. Initiation. An application for a variation may be made by any individual, office, department, board, bureau or commission requesting or intending to request application for a building permit, zoning certificate, or occupancy certificate.
3. Processing. An application for variation shall be filed with the Zoning Enforcement Officer, who shall forward such application to the Zoning Board of Appeals for processing in accordance with applicable statutes of the State of Illinois and provisions of this Zoning Ordinance. The application shall be accompanied by:
   1. The name, address and phone number of the applicant.
   2. The legal description, common address and permanent index number of the property to be benefited by the variation.
   3. Identification of the provisions of this Zoning Ordinance, from which the variation is sought.
   4. A description of the proposed use and/or variation, including a dimensioned site plan or Plat that shows all existing improvements on the property. Said Plat should be not less than ten (10) years old.
   5. A brief summary of the factual evidence upon which the applicant will rely to show that the standards for variation will be met.
4. Hearing.
   1. The Zoning Board of Appeals shall hold a public hearing at such time and place as shall be established by the Zoning Board of Appeals, after due notice is provided.
   2. Notice requirements for public hearings on variations shall be met in accordance with Section 21.2008, above.
   3. The hearing shall be conducted, and a record of such proceeding shall be preserved, in such a manner as the Zoning Board of Appeals shall prescribe.
5. Standards.
   1. The Zoning Board of Appeals shall not recommend, and the Village Board shall not vary, the provisions of this Zoning Ordinance, unless it shall find that the:
      1. Property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district,
      2. Plight of the owner is due to unique circumstances, and
      3. Variation, if granted, will not alter the essential character of the locality.
   2. For the purpose of supplementing the above standards, the Zoning Board of Appeals, in making a recommendation that there are practical difficulties or particular hardships, shall also take into consideration the extent to which the evidence establishes, or fails to establish, the following:
      1. That the particular physical surroundings, shape or topographical condition of the specific property involved would bring particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out.
      2. That the conditions upon which the petition for variation is based would not be generally applicable to other property within the same zoning district.
      3. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property.
      4. That the alleged difficulty or particular hardship has not been created by any person presently having an interest in the property, or by the applicant.
      5. That the granting of the variation will not be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located.
      6. That the proposed variation will not:
         1. Impair an adequate supply of light and air to adjacent properties.
         2. Substantially increase the hazard from fire or other dangers to said property or adjacent properties.
         3. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of the Village of Newark.
         4. Diminish or impair property values in the neighborhood.
         5. Unduly increase traffic congestion in the public streets and highways.
         6. Create a nuisance.
         7. Result in an increase in public expenditures.
      7. That the variation is the minimum variation necessary to make possible the reasonable use of the land, building or structure.
6. Decisions.
   1. Within forty-five (45) days after the close of the hearing on a proposed variation, the Zoning Board of Appeals shall prepare a written statement of findings of fact and recommendations, and shall submit this statement to the Village Board. The findings of fact shall specify the reason or reasons for recommending approval, approval with conditions, or denial of the proposed variation, and shall address how the variation does, or does not comply with standards set forth in Section 21.2010 E, above.
   2. The Zoning Board of Appeals is not required to recommend for approval the full variation requested. The Zoning Board of Appeals may recommend, and the Village Board may approve, a variation of less extent than that contained in the request.
   3. The Zoning Board of Appeals may recommend, and the Village Board may require, such conditions and restrictions upon the premises benefited by a variation as may be necessary in their opinion to comply with the standards set forth in this section, to reduce or minimize injurious effect of such variation upon other property in the neighborhood and/or to implement the general purpose and intent of this Zoning Ordinance.
   4. A concurring vote of a majority of those ZBA members present at the meeting with a minimum of four (4) concurring votes, shall be required to recommend granting, granting with conditions or denying an application for variation.
   5. The decision of the Village Board of Trustees shall be final, and subject to judicial review only in accordance with applicable State statutes.
   6. No variation shall be granted, except by Ordinance duly passed and approved by the President and Village Board, after public hearing and written findings of fact and recommendation from the Zoning Board of Appeals. The terms of relief granted shall be specifically addressed in said Ordinance.
      

1. Purpose.
   1. Amendments may be granted to:
      1. Promote the public health, safety, comfort, and general welfare of the Village of Newark.
      2. Conserve the value of property throughout the Village.
      3. Lessen or avoid congestion in the public streets and highways.
   2. Amendments shall be classified as follows:
      1. Text Amendments, which are amendments to the text of this Zoning Ordinance.
      2. Map Amendments, which are amendments to Zoning District Map, adopted pursuant to this Zoning Ordinance.
2. Authority. The Village Board may, after receiving a recommendation from the Plan Commission in the manner hereinafter set forth, approve, approve with conditions, or deny a text or a map amendment, pursuant to the procedures set forth herein.
3. Initiation. Amendments may be proposed by the Village Board, the Plan Commission, the Zoning Board of Appeals, or any property owner or interested person or organization.
4. Processing. A petition or application for an amendment shall be filed with the Zoning Enforcement Officer, and shall include at least the following information.
   1. Text Amendment.
      1. Name, address and phone number of the petitioner or applicant.
      2. The proposed text amendment.
      3. A statement of how the proposed amendment relates to the Comprehensive Land Use Plan, as may be amended from time to time, or otherwise promotes the public health, safety and general welfare of the Village of Newark.
   2. Map Amendments.
      1. Name, address and telephone number of the petitioner or applicant.
      2. The proposed map amendment, including:
         1. Legal description of the property to be affected.
         2. Common address and permanent index number.
         3. Identification of existing zoning.
         4. Identification of proposed zoning.
         5. Existing use of the property.
         6. Proposed use of the property.
         7. Location map showing:
            1. Property lines and streets.
            2. Such other items as the Zoning Enforcement Officer may require.
         8. A written statement of how the proposed amendment:
            1. Relates to the Comprehensive Land Use Plan.
            2. Promotes the public health, safety and general welfare.
            3. Fulfills the standards set forth in Section 21.2011 F, below.
5. Hearing.
   1. The Zoning Enforcement Officer shall transmit the application to the Plan Commission. The Plan Commission shall hold a public hearing at such time and place as shall be established by the Plan Commission, after due notice is provided.
   2. Notice requirements for public hearings on amendments shall be met in accordance with Section 21.2008, above.
   3. The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the Plan Commission shall prescribe.
6. Standards. The Plan Commission shall not recommend an amendment to alter the zoning district boundary lines (map amendment), unless it shall determine, based upon the evidence presented to the Plan Commission in each specific case, that:
   1. The amendment promotes the public health, safety, comfort, convenience and general welfare of the Village, and complies with the policies and Comprehensive Land Use Plan and other official plans of the Village of Newark.
   2. The trend of development in the area of the subject property is consistent with the requested amendment.
   3. The requested zoning permits uses which are more suitable than the uses permitted under the existing zoning classification.
   4. The amendment, if granted will not alter the essential character of the neighborhood, and will not be a substantial detriment to adjacent property.
7. Decision.
   1. Within forty-five (45) days after the close of the hearing on a proposed amendment, the Plan Commission shall prepare a written statement of findings of fact and recommendations and submit this statement to the Village Board. The findings of fact shall specify the reason or reasons for recommending approval, approval with conditions, or denial of the proposed text or map amendment.
   2. The Village Board of Trustees may, by ordinance, grant, or grant with modification, a text or map amendment. If an application is not acted upon by the Village Board within six (6) months of the date upon which such application is filed, it shall be deemed to have been denied.
   3. The Plan Commission may recommend, and the Village Board may approve, conditions and restrictions upon the premises benefited by an amendment as may be necessary to comply with the standards set forth in Section 21.2011 F, above. Changes in restrictions or conditions shall be processed in the manner established by this Article for amendments.
   4. A concurring vote of a majority of those members of the Plan Commission present at the Meeting, with a minimum of three (3) concurring votes, shall be required to recommend granting, granting with conditions or denying an application for an amendment.
   5. In those instances where the Village Board does not concur with a recommendation of the Plan Commission to deny a map or text amendment, the favorable vote of twothirds (2/3) of the members of the Village Board shall be necessary to pass an ordinance granting the amendment.
   6. No amendment shall be granted except by ordinance duly passed and adopted by the Village Board, after public hearing and written recommendation from the Plan Commission.
8. Written Protest.
   1. A map or text amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the members of the Village Board in the case of a written protest against any proposed text amendment or map amendment when said protest is filed with the Village Clerk and signed and acknowledged by:
      1. The owners of twenty percent (20%) of the frontage proposed to be altered, or
      2. The owners of twenty percent (20%) of the frontage immediately adjoining or across an alley from the property, or
      3. The owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered.
   2. The written protest shall also be served by the protester or protesters on the applicant for the proposed amendment and a copy served on the applicant’s attorney shown in the application or petition for the proposed amendment.
      

1. Purpose.
   1. The development and execution of this Ordinance is based upon the division of the Village of Newark into districts, within any one of which the use of land and buildings, and the bulk and location of buildings or structures, as related to the land, are essentially uniform.
   2. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the potential impact of those uses upon neighboring lands and upon the public need for the particular use or particular location.
   3. Such special uses fall into two categories:
      1. Uses operated by a public agency or publicly-regulated utilities, which are uses traditionally associated with a public interest, such as parks, recreation areas, public administration buildings, or the private use of existing public facilities.
         1. It is stressed that public uses are associated with the public interest.
         2. In the case of a request for a special use by a unit of local government, for a public use within its statutory mandate, the review shall not be based on determining the need for the publicly mandated use on the specific site but, rather for assessing the impact of the proposed public use upon neighboring lands, and upon the Village’s streets or utilities.
      2. Uses entirely private in character, but of such a nature that the operation may give rise to unique problems or benefits with respect to their impact upon neighboring property, public facilities, the Village as a whole, or the natural environment or resources.
2. Authority. The Village Board may, after receiving a recommendation from the Zoning Board of Appeals in the manner hereinafter set forth, approve, approve with conditions, or deny a special use, pursuant to the procedures set forth herein.
3. Initiation. Special uses may be made by any person, or by an office department, board, bureau or commission requesting or intending to request a building permit, or occupancy certificate.
4. Processing. A petition or application for a special use permit shall be filed with the Zoning Enforcement Officer, and shall include at least the following information:
   1. Name, address and telephone number of the applicant.
   2. Legal description of the property for which the special use is requested.
   3. Description of the existing use of the affected property.
   4. The present zoning classification for the affected property.
   5. Description of the proposed special use.
   6. A dimensioned site plan or plat, showing the location of the following. Said plat shall not be less than ten (10) years old:
      1. All buildings.
      2. Parking areas.
      3. Traffic access and circulation.
      4. Open spaces and yards.
      5. Landscaping.
      6. Refuse and service areas.
      7. Utilities.
      8. Signs.
      9. Other information as determined by the Zoning Board of Appeals as necessary for determining if the proposed special use meets the intent and requirements of the Zoning Ordinance.
   7. A grading plan, showing existing and proposed contours and proposed routing and storage of stormwater, when new construction or site development is proposed.
   8. A written statement, that addresses the:
      1. Economic effects on adjoining properties.
      2. Effects of such elements as noise, glare, odor, fumes and vibration on adjoining properties.
      3. General compatibility with adjacent and other properties in the district.
      4. Effects of traffic generated by the proposed use.
      5. Relationship to the Comprehensive Land Use Plan.
      6. How the proposed special use fulfills requirements of Section 21.2012 F, below.
5. Hearing.
   1. The Zoning Enforcement Officer shall transmit the application for a special use to the Zoning Board of Appeals, who shall hold a public hearing at such time and place as shall be established by the Zoning Board of Appeals, after due notice is provided.
   2. Notice requirements for public hearings on special uses shall be as set forth in Section 21.2008 above.
   3. The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the Zoning Board of Appeals shall prescribe.
6. Standards.
   1. The Zoning Board of Appeals shall not recommend a special use, unless it shall find, based upon the evidence presented to the Zoning Board of Appeals in each specific case, that the special use:
      1. Will be harmonious with and in accordance with the general objectives of the Comprehensive Land Use Plan and/or this Zoning Ordinance.
      2. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not alter the essential character of the same area.
      3. Will not be hazardous or disturbing to existing or future neighborhood uses.
      4. Will be adequately served by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers and schools, or that persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
      5. Will not create excessive additional requirements at public cost for facilities and services, and will not be detrimental to the economic welfare of the Village of Newark.
      6. Will not involve uses, activities, processes, materials, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
      7. Will have vehicular approaches to the property which shall be so designed as to not create an undue interference with traffic on surrounding public streets or highways.
      8. Will not increase the potential for flood damage to adjacent property, or require additional public expense for flood protection, rescue or relief.
      9. Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance to the Village of Newark.
   2. The special use shall, in all respects, conform to the applicable regulations of the district in which it is located, except as such regulations may be modified, in each instance, by the Village Board of Trustees, pursuant to the recommendations of the Zoning Board of Appeals.
7. Decision.
   1. Within forty-five (45) days after the close of the hearing on a proposed special use, the Zoning Board of Appeals shall prepare a written statement of findings of fact and recommendations and submit this statement to the Village Board. Said Findings of Fact shall address how the proposed special use does, or does not comply with the standards set forth in Section 21.2012 F, above.
   2. The Village Board may, by ordinance, grant, or grant with modification, a requested special use. If an application is not acted upon by the Village Board within six (6) months of the date upon which such application is filed, it shall be deemed to have been denied.
   3. The Zoning Board of Appeals may recommend, and the Village Board may approve, conditions and restrictions upon the premises benefited by a special use as may be necessary in their opinion to:
      1. Comply with the standards set forth in Section 21.2012 F, above.
      2. Reduce or minimize injurious effect of such special use on other property in the neighborhood.
      3. Implement the general purpose and intent of the Zoning Ordinance.
   4. No special use shall be granted, except by ordinance duly passed and adopted by the Village Board after public hearing and written recommendation from the Zoning Board of Appeals.
      1. Without further public hearing, the Village Board may grant, deny or amend the recommendation for special use.
      2. Every special use which is granted by ordinance of the Village Board shall be accompanied by findings of fact, and shall refer to any exhibits containing plans and specification of the proposed special use, which shall remain a part of the permanent records of the Zoning Board of Appeals.
      3. The findings shall specify the reason or reasons for approving or denying the special use.
      4. Any terms of relief granted as part of a special use shall by specifically set forth in the findings and ordinance.
   5. A concurring vote of a majority of those members of the Zoning Board of Appeals present at the meeting, with a minimum of four (4) concurring votes, shall be required to recommend granting, granting with conditions or denying an application for a special use.
   6. Changes in restrictions or conditions shall be processed in the manner established by this Article for special uses.
      

1. Variations or Special Uses. An approval pursuant of the provisions of this Zoning Ordinance of a variation, special use, or special use for a planned development shall become null and void should a building permit to begin construction not be applied for within twelve (12) months of the approval of the ordinance, unless this time limit is expressly extended, by ordinance, by the Village Board.
2. Map Amendments.
   1. In any case where a map amendment has been granted, and no building permit for development has been applied for within twelve (12) months, the Plan Commission may initiate a public hearing, after due notice pursuant to Section 21.2008 of this Article has been given, and written notice sent to the applicant at the address contained in the application.
   2. Within forty-five (45) days of the close of the hearing, the Plan Commission shall prepare and submit findings of fact and recommendations to the Village Board that such map amendment shall be permanently affirmed or repealed, or that the property subject to said map amendment be reclassified by another map amendment to a more appropriate district classification.
      

1. The Village Board shall establish a schedule of fees, charges and expenses for zoning certificates, occupancy certificates, appeals, application for variations, amendments, planned developments, special uses, or site plan review, and other administrative matters pertaining to this Zoning Ordinance.
2. The approved schedule of fees shall be filed and posted in the office of the Zoning Enforcement Officer, and may be altered or amended by the Village Board, from time to time.
3. All professional and consulting fees and other costs incurred by the Village in the consideration of or processing of any application or petition for variation, amendment, special use permit, planned development, and site plan review, pursuant to the terms of this Ordinance, including, but not limited to, legal, engineering, planning, legal publication and court reporter fees, shall be paid by the petitioner or applicant. This requirement for reimbursement shall extend to any and all fees and costs the Village may incur in conducting any public hearings in connection with any petition or application, including, but not limited to any special counsel fees the Village may incur therewith. This requirement for reimbursement further extends to any and all such fees and costs the Village may incur in implementing and enforcing any formal action taken by the Village on any petition or application made under this Ordinance.
4. No action shall be taken on any appeal, or application for variation, amendment, special use, planned development, or site plan review, until all such applicable fees, charges and expenses have been paid in full.
   

1. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this Ordinance shall, upon conviction, be fined not less than one hundred (100) dollars, nor more than seven hundred fifty (750) dollars for each offense.
2. A separate offense shall be deemed committed for each day a violation is permitted to exist after notification thereof.
3. In the event that any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of the Zoning Ordinance, the Village Attorney, in addition to other remedies, may institute any proper action or proceedings in the name of the Village to:
   1. Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use.
   2. Restrain, correct or abate such violation.
   3. Prevent the occupancy of said building, structure, or land.
   4. Prevent any illegal act, conduct, business or use in, or about, said premises.
   5. Collect reasonable attorney’s fees and court costs.
4. In addition to all the foregoing remedies, in the event the Village incurs any professional fees or expenses including, but not limited to legal, engineering and planning fees, in connection with the enforcement of any provision of this Zoning Ordinance then the Village shall be permitted and entitled to recover and collect all such real holds fees so incurred from any person who refuses to comply with or who resists the enforcement of any provisions of this Zoning Ordinance.