In addition to any drawing, plat, document and other information required pursuant to this title, each applicant for a building permit shall file such additional drawings, plats, documents and information as may be required by other ordinances and/or this code. (1977 Code § ZR-1-5)

Fees for all permits required herein and fees for filing appeals and petitions to the Zoning Board of Appeals, Plan Commission or the Board of Trustees shall be as established by a resolution or ordinance of the Board of Trustees. All fees shall be collected at the time of application by the Village Clerk who shall account for the same to the Village Treasurer. (1977 Code § ZR-1-5)

   A.   Application For Variation: An application for a variation of the regulations of this title may be made by a property owner to the Zoning Board of Appeals. Such application shall be made in writing stating the variation requested and the cause for the variation. (1977 Code § ZR-1-4)

   B.   Public Hearing Notice Provisions; Sign To Be Posted On Property: No variation shall be made except after a public hearing before the Zoning Board of Appeals of which there shall be at least fifteen (15) days' notice of the time and place of such hearing published in a newspaper of general circulation in the Village. Said notice shall contain the particular location for which the variation is requested (the "subject property") as well as a brief statement of what the proposed variation consists. A copy of such notice shall be delivered in person or mailed by first class mail as provided herein not less than ten (10) days in advance of the hearing to all owners of property within two hundred fifty feet (250') of the subject property (excluding in such measurement rights of way of streets and roads), but in no event shall notice be given to less than three (3) closest property owners on the same side of the street and, in addition, three (3) closest property owners on the opposite side of the street from the petitioner's property; provided, however, that for the purpose of this section, ownership may be determined on the basis of the last available tax records of the county. Mailings shall be accomplished by the Village staff, to whom the applicant shall deliver unsealed, addressed and stamped envelopes not less than thirteen (13) days in advance of the date of the hearing.

In addition to the published newspaper notice and mailed or delivered notice as provided in this subsection, the Village Clerk or the designee of the Village Clerk shall post on the property for which a variation is sought, in a location generally perpendicular to each adjoining street and reasonably visible from each adjoining street, a two (2) sided sign approximately three feet by two feet (3' x 2') in size stating substantially as follows:

 

 

In the case of property fronting on two (2) or more streets, such sign shall be posted on each street.

Said sign shall be posted not less than fifteen (15) days prior to the date of the public hearing and shall be removed within five (5) days after the conclusion of the public hearing. (Ord. 1160, 5-27-2009)

   C.   Public Hearing; Findings Of Fact; Recommendation: The Zoning Board of Appeals shall consider the case at a public hearing, not less than fifteen (15) days' notice of which shall have been given as prescribed by statute, and shall determine whether or not the facts are such as to warrant a variation from this title. If the Zoning Board of Appeals determines, by a concurring vote of not less than four (4) members, that practical difficulties or particular hardships do in fact exist, and that the proposed variation or some modification of it will not:

      1.   Reduce or increase unreasonably the minimum or maximum areas or dimensions;

      2.   Impair an adequate supply of light and air to adjacent property;

      3.   Increase the congestion in public streets unreasonably;

      4.   Increase the hazard of fire;

      5.   Endanger the public safety;

      6.   Diminish or impair the values of property within the surrounding area; or

      7.   In any other respect, impair the public health, safety, comfort, morals and welfare of the people,

it shall submit such findings and a recommendation that the Board of Trustees adopt an ordinance granting the variation. Any proposed variation which fails to receive the approval of the Zoning Board of Appeals shall not be passed except by the favorable vote of four (4) members of the Board of Trustees.

   D.   Tax Payments To Be Current: No petition for a variation shall be accepted unless the applicant submits such satisfactory evidence that there are no unpaid real estate taxes.

   E.   Time Limit On Variations: No ordinance for a variation permitting the erection or alteration of a building, or permitting the use of a building or premises shall be valid for a period longer than six (6) months unless such use is established within said period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such ordinance shall continue in full force and effect if a building permit for such erection or alteration is obtained within said six (6) month period and said erection or alteration is started and proceeds to completion in accordance with the terms of such permit; provided, however, that the term of such variation may be extended by the Board of Trustees upon recommendation by the Zoning Board of Appeals for a period or for periods not to exceed a total of three (3) years from the original grant of variation, whether or not such extension is sought within the initial six (6) months of the variation, and in making its recommendation to the Board of Trustees relative to such extension, the Zoning Board of Appeals shall not be required to hold a public hearing or give notice of its pending review of the matter, but may do so in its discretion, and shall do so if so directed by the Village Board. (1977 Code § ZR-1-4)

   A.   Authority; Public Hearing Required: Any owner, the Plan Commission, or the Board of Trustees may apply for amendment in the text of this title and the zoning map. No amendment shall be made by the Board of Trustees without a public hearing before the Village Plan Commission. The Plan Commission shall hold a public hearing and submit its recommendation to the Board of Trustees within ninety (90) days. (1977 Code § ZR-1-9)

   B.   Public Hearing Notice Provisions; Sign To Be Posted On Property: No amendment to this title shall be made without a hearing before the Plan Commission. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Village. Except in the case of a text amendment of general applicability, a copy of such notice shall be delivered in person or mailed not less than ten (10) days in advance of the hearing to all owners of property within two hundred fifty feet (250') of the subject property (excluding in such measurement rights of way of streets and roads) but in no event shall notice be given to less than three (3) closest property owners on the same side of the street and, in addition, three (3) closest property owners on the opposite side of the street from the petitioner's property; provided, however, that for the purpose of this section, ownership may be determined on the basis of the last available tax records of the county. Mailings shall be accomplished by the Village staff, to whom the applicant shall deliver unsealed, addressed and stamped envelopes not less than thirteen (13) days in advance of the date of the hearing.

In addition to the published newspaper notice and mailed or delivered notice as provided in this subsection, the Village Clerk or the designee of the Village Clerk shall post on the subject property for which an amendment is sought, or to which a text amendment relates in a location generally perpendicular to the adjoining street and reasonably visible from each adjoining street, a two (2) sided sign approximately three feet by two feet (3' x 2') in size stating substantially as follows:

 

 

In the case of property fronting on two (2) or more streets, such sign shall be posted on each street.

Said sign shall be posted not less than fifteen (15) days prior to the date of the public hearing and shall be removed within five (5) days after the conclusion of the public hearing. (Ord. 1160, 5-27-2009)

   C.   Adoption Of Amendment: The Board of Trustees, without further public hearing, may adopt or deny any proposed amendment.

   D.   Tax Payments To Be Current: No petition filed by an owner shall be accepted unless the applicant submits satisfactory evidence that there are no unpaid real estate taxes. (1977 Code § ZR-1-9)

The Building and Zoning Officer is hereby designated as the enforcing officer of this title. He shall make inspections and, for that purpose, may enter buildings, structures and premises, shall administer and enforce the provisions hereof and, to that end, shall make such orders, requirements, decisions and determinations as are necessary with respect to application for permits and the enforcement of this title. (1977 Code § ZR-1-10)

   A.   Violation; Penalty: Any person, firm, company 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 shall be deemed guilty of a misdemeanor and shall be subject to arrest and, upon conviction, subject to a fine of not more than two hundred dollars ($200.00) for each offense. Each day that a violation continues to exist shall constitute a separate offense.

   B.   Remedies: In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the proper authorities of the Village, or any person whose property is or may be affected as to value or use by such violation, in addition to other remedies, may institute any appropriate action or proceedings in law or in equity:

      1.   To prevent such unlawful erection, construction, reconstruction, alteration, repair conversion, maintenance or use;

      2.   To restrain, correct or abate such violation;

      3.   To prevent the occupancy of said building, structure or land; or

      4.   To prevent any illegal act, conduct, business or use in or about said premises. (1977 Code § ZR-1-10)