A.   No vacant land shall be occupied or used, and no building hereafter erected or structurally altered shall be occupied or used, nor shall any home occupation be established until a certificate of occupancy shall have been issued by the building inspector.

   B.   A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and said certificate shall be issued within three (3) days after the requests for same shall have been made, in writing, to the building inspector after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of this title.

   C.   Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building, pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties and obligations of the owners or of the Village relating to the use or occupancy of the premises or any other matter covered by this title, and such temporary certificate shall not be issued, except under such restrictions and provisions as will adequately ensure the safety of the occupants.

   D.   A certificate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three (3) days after the application has been made; provided, that such use is in conformity with the provisions of this title. (Ord. 740, 4-7-1970)

   E.   A certificate of occupancy shall state that the building or proposed use of a building or land complies with all building and health laws and ordinances and with the provisions of this title. A record of all certificates shall be kept on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy, except, that a fee of ten dollars ($10.00) shall be charged in the case of a home occupation certificate. (Ord. 740, 4-7-1970; amd. 2016 Code)

   F.   No permit for excavation for any building shall be issued before application has been made for certificate of occupancy. (Ord. 740, 4-7-1970)

All applications for building permits shall be accompanied by a drawing or plat, in duplicate, showing the lot plan, the location of the building and lot and such other information as may be necessary to provide for the enforcement of this title. The plat shall be prepared after the lot has been staked by a competent surveyor, and the plat shall show the date of staking and the name of the engineer or surveyor. A careful record of the original copy of such applications and plats shall be kept in the office of the building inspector, and a duplicate copy shall be kept at the building at all times during the construction. (Ord. 740, 4-7-1970)

   A.   Generally: The Village President and Board of Trustees may, from time to time on its own motion, or on petition or on recommendation of the Village Zoning Board of Appeals, amend, supplement or repeal the regulations and provisions of this title, but no such amendments or changes shall be made without a hearing before the Zoning Board of Appeals as provided by law. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, as to such regulations or district, filed with the Village Clerk, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all the Village Board.

   B.   Rezones:

      1.   Every petition initiated by interested property owners, or authorized agents of such property owners, for the rezoning of any property to a more restricted or less restricted classification shall be directed to the Village Zoning Board of Appeals in the first instance. In such cases, the Zoning Board of Appeals shall not be required to take action for the conduct of a hearing on such petition. If the Zoning Board of Appeals shall determine not to take action for the conduct of a hearing on such petition, the said Board of Appeals shall report such action to the Village Board of Trustees at the next regular meeting of said Board of Trustees held after the time that the Zoning Board of Appeals shall determine not to conduct a hearing on said petition. The Village Board of Trustees, upon receiving such report, may direct said Zoning Board of Appeals to conduct a hearing on said petition, and in such event, such hearing shall be held by said Board of Appeals.

      2.   Whenever the owners of three hundred feet (300') or more of the street frontage in any block shall present to the Village Zoning Board of Appeals a petition requesting the rezoning of any property to a more restricted or less restricted classification, it shall be the duty of the Village Board of Appeals to conduct a hearing on such petition.

      3.   Before the Village Zoning Board of Appeals shall take any action for the conduct of a hearing on any petition for rezoning any property, the party or parties petitioning for such change shall deposit the sum of thirty five dollars ($35.00) to cover the approximate cost of this procedure, and under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. (Ord. 740, 4-7-1970)

   A.   Initiation Of Special Use And/Or Request For Site Plan Approval: Any person, firm, corporation, office, department or other legal entity having an interest in land, or a possessory interest, option to purchase or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application, with the consent of the property owner, to use such land for one or more of the special uses as required and/or authorized by this Code, as amended. Any person seeking approval of a site plan where such approval is required by this title shall file an application for such approval in the manner set forth in this section.

   B.   Application For Special Use And/Or Site Plan:

      1.   Duplicate applications for a special use or site plan approval shall be filed with the Village Administrator. The applications shall be accompanied by such plans and/or data prescribed by the Zoning Board of Appeals, including, but not limited to, a detailed site plan, conceptual rendering and elevations. A site plan shall contain as a minimum, the following:

         a.   Points of ingress and egress for the proposed development.

         b.   Parking plan illustrating internal circulation for the proposed development.

         c.   Sign plan for all activity.

         d.   Landscaping, screening and buffering plans illustrating specific treatment for screening adjacent residential areas from undesirable impacts from the activity on the proposed site.

         e.   Exterior lighting plan illustrating the location of all illuminating fixtures except when waived by the Village Administrator.

         f.   Estimated traffic generation of the proposed development except when waived by the Village Administrator.

         g.   Illustration of any special treatment of the proposed site that enhances the quality of design except when waived by the Village Administrator.

         h.   Boundary lines - bearings, distances and acreage.

         i.   Easements - locations, width and purpose.

         j.   Streets on or adjacent to the tract - street name, right- of-way width, existing or proposed centerline elevations, pavement types, walks, curbs, gutters, culverts, etc.

         k.   Open space. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated except when waived by the Village Administrator.

         l.   Map data - name or development, north point, scale and date of preparation.

         m.   An accurate legal description of the subject property.

         n.   Designation of proposed use of the property, the location of all buildings to be constructed, and a designation or the specific internal uses to which each building shall be put.

         o.   Elevations including a rendering of street facing facades. The applicant shall provide a description of the color scheme and materials proposed to be incorporated into street facing facades.

      2.   After the Village Administrator certifies the duplicate applications to be complete, one copy of the application shall be forwarded to the Chair of the Zoning Board of Appeals for public hearing and their written recommendation to the Village Board of Trustees.

   C.   Hearing On Application For Special Use Or Site Plan: The Zoning Board of Appeals shall hold a public hearing on each application for a special use or site plan at such time and place as shall be established by the Zoning Board of Appeals. Such hearing shall be scheduled within a reasonable time after submission of a complete application for a special use or site plan to the Village Administrator. The public hearing shall be conducted and a written record of the proceedings shall be preserved.

   D.   Hearing Notice For Special Use Or Site Plan: Not less than fifteen (15) days nor more than thirty (30) days prior to a public hearing for special use or site plan, notice of the time and place of such public hearing shall be advertised by:

      1.   Publication at least once in a newspaper of general circulation within the Village;

      2.   If required, mailing notices of the hearing by the Village to assessees, per department procedures, of the subject property and all property within two hundred fifty feet (250') of the property line of the subject property; and

      3.   The posting of the official notice of public hearing sign by the petitioner, per department procedures, on the subject property. The unauthorized removal of the official notice of public hearing sign shall be deemed a violation of this section.

   E.   Standards For Special Use Or Site Plan Hearing:

      1.   No special use or site plan shall be recommended by the Zoning Board of Appeals unless it shall find that:

         a.   The establishment, maintenance, or operation of the special use or site plan will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

         b.   The special use or site plan will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located;

         c.   The establishment of the special use or site plan will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

         d.   Adequate facilities, access roads, drainage and/or necessary facilities have been or will be provided;

         e.   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

         f.   If a public use or a use providing public utility service, that such use of service shall meet a demonstrable public need and provide a public benefit; and

         g.   The special use or site plan shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Zoning Board of Appeals.

      2.   The Zoning Board of Appeals may, in addition to recommending denial or approval, make recommendations to the Village Board of Trustees of such conditions and restrictions on the establishment, location, construction, maintenance and operations of any requested special use or site plan as it deems necessary for the protection of the public interest and to secure compliance with the standards specified in this subsection and as provided in this section.

      3.   In all cases in which the recommendations of the Zoning Board of Appeals are to grant a requested special use or site plan, or deny the special use request or site plan, or make the site plan or special use subject to conditions imposed, the Village Board of Trustees may require additional data and guarantees from the applicant that the Village Board of Trustees deems necessary as proof that the conditions stipulated in connection with the special use or site plan being approved will be fully complied with by the applicant.

   F.   Zoning Board Of Appeals Findings Regarding Special Use And Site Plan Applications: For each application for a special use or site plan, the Zoning Board of Appeals shall, within ten (10) days of the conclusion of the public hearing on the application, render its written recommendation and shall file its recommendation with the Village Administrator and mail a copy to the applicant, together with findings of fact relating to the standards. In making its recommendation, the Zoning Board of Appeals shall keep a written record of findings relative to the standards for considering special use and site plan applications as listed in subsection E of this section.

   G.   Objections To Zoning Board Of Appeals Recommendations:

      1.   Any applicant or Village resident may file an objection to the recommendations of the Zoning Board of Appeals with the Village Administrator within ten (10) days of the filing of the Zoning Board of Appeals' recommendations with the Village Administrator. Three (3) copies of the objections must be filed with the Village Administrator.

      2.   The objections will be reviewed by the President and Board of Trustees at a public review meeting to be held one hour before the next duly scheduled Board of Trustees meeting at the Village Hall. At that time and place, the objecting party may present objections before the President and the Board of Trustees. After the hearing on the objections, the Village Board of Trustees may take the appropriate action to accept or deny the objections and to ratify or deny the site plan and/or special use permit.

   H.   Granting Of A Special Use Permit Or Site Plan Approval: A special use permit or site plan approval shall only be authorized and issued after compliance with the procedures set forth in this section and the final approval by a majority vote of the Village Board of Trustees.

   I.   Revocation Of A Special Use Permit Or Approval Of Site Plan: If the special use, as authorized by the special use permit or development represented by a site plan, is not implemented or completed within twelve (12) months of the date of issuance of the special use permit or approval of the site plan, the special use permit or authority to complete the development represented by the site plan shall automatically expire unless the permit is extended or reissued by resolution of the Board of Trustees.

   J.   Effect Of Denial Of A Special Use: No application for a special use which has been denied wholly or in part by the Village Board of Trustees shall be resubmitted for a period of two (2) years from the date of said denial or revocation, except on the grounds of new evidence or if proof of change of conditions is found to be valid by the Zoning Board of Appeals.

   K.   Nonassignability Of Special Use Permit: A special use permit shall not be assignable by the grantee of a special use permit without express permission, by resolution, of the Village Board of Trustees.

   L.   Approval Of Site Plan: Any site plan, of which approval is required by this title, as amended, but not as a part of a request for a special use permit or special use project, shall be considered by the Zoning Board of Appeals and reviewed by the Zoning Board of Appeals. The written recommendation of the Zoning Board of Appeals shall be forwarded to the Village Board of Trustees. The final approval, denial, or modifications of the site plan shall be made by a vote of the Village Board of Trustees as provided in this title, as amended. (Ord. 2017-1527, 10-17-2017)

   A.   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 shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

   B.   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, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. (Ord. 2013-1393, 10-8-2013)

   A.   Board Established: A Zoning Board of Appeals is hereby established and reconstituted effective as of October 1, 2017.

      1.   The Zoning Board of Appeals shall consist of nine (9) regular members who are citizens of the Village. Members of the Zoning Board of Appeals shall be appointed by the President, subject to the approval of the Village Board of Trustees.

      2.   Of the nine (9) regular members of the Zoning Board of Appeals as reconstituted in 2017, three (3) shall serve for a period of three (3) years, three (3) for a period of two (2) years, and three (3) for a period of one year. Thereafter, such members shall serve for a period of five (5) years. Vacancies shall be filled by appointments for unexpired terms only. All members of the Board shall serve without compensation.

      3.   The members of the Zoning Board of Appeals shall meet and elect a Chair and Vice Chair from its members. In the absence of the Chair or Vice Chair, the members shall select a Temporary Chair. The Chair and Vice Chair shall serve a term of one year or until their successors are elected or their terms of appointment expire.

      4.   The Chair shall appoint a Secretary to the Zoning Board of Appeals. The Secretary may be appointed either from the membership of the Board or outside the membership of the Board.

   B.   Meetings:

      1.   Regular Meetings: Regular meetings of the Board shall be held at such time and place within the Village as the Board may determine.

      2.   Special Meetings: Special meetings may be held at the call of the Chair, or as determined by three (3) members of the Board.

      3.   Chair: The Chair, or in his absence the Acting Chair, may administer oaths and compel attendance of witnesses.

      4.   Open Meetings: All meetings of the Zoning Board of Appeals shall be open to the public.

   C.   Records Kept: The Secretary of the Board shall keep minutes of its proceedings, showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact.

   D.   Rules Of Procedure: The Board shall adopt its own rules of procedure not in conflict with applicable statutes or this title.

   E.   Electronic Participation: Subject to the provisions of this section, any member of the Zoning Board of Appeals may electronically attend any open or closed meeting of the Board via telephone, video, internet connection or other technology which allows effective audio interaction with the member at a remote location. A member may electronically attend a meeting of the Board only under the following conditions:

      1.   The member must notify the Village Clerk or the Chairman of the Board as soon as practicable before the meeting of the member's request to electronically attend the meeting so that necessary communications equipment can be made available.

      2.   The member must assert one or more of the following reasons why he or she is unable to physically attend the meeting and explain the factual basis for that assertion:

         a.   The member cannot attend because of the member's illness or disability; or

         b.   The member cannot attend because of conflicting obligations to his or her employer; or

         c.   The member cannot attend because he or she is otherwise engaged in business on behalf of the Village; or

         d.   The member cannot attend because of a family or other emergency.

      3.   If a motion objecting to the member's participation is made and approved by a majority of the members of the Board physically present at the meeting, the member making the request may not electronically attend the meeting. If no such motion is made and seconded or if any such motion is made and seconded but not approved by a majority of the members of the Board physically present at the meeting, then the request by the member to electronically attend the meeting shall be deemed approved by the Board and the presiding officer shall declare the requesting member present. (Ord. 2017-1527, 10-17-2017)

   A.   Time For And Filing Appeal: Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the Village related to the administration of the Zoning Code. Such appeal shall be taken within twenty (20) days from the date of the action appealed from by filing with the Board of Appeals a notice of appeal, specifying the grounds thereof. The building inspector shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

   B.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the Board that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property.

   C.   Hearing And Determination: The Board of Appeals shall fix a reasonable time for hearing of the appeal and give due written notice thereof to the parties and decide the same within a reasonable time. The Board may reverse or affirm, wholly or partly, or may modify the use, requirement, decision or determination as, in its opinion, ought to be made in the premises, but any decision to reverse any order, requirement, decision or determination of an administrative official or to decide in favor of the applicant any matter upon which it is required to pass under this title or to effect any variation in this title, or to recommend any variation or modification to this title to the Village Board shall require a concurring vote of not less than four (4) members of the Board.

   D.   Final Determination Filed; Appeals To Board Of Trustees: A final determination shall be submitted to the Village Administrator, in writing, not less than fourteen (14) days after the determination has been reached. If the applicant is denied a permit by the Board of Appeals or if the applicant objects to modifications, if any, the applicant may file an appeal with the Board of Trustees. The Village Administrator shall present the appeal to the Village Board for consideration within fourteen (14) working days of the next Village Board meeting. The applicant shall have a reasonable opportunity to explain to the Board of Trustees his/her objections to the determination of the Board of Appeals. The Village Board may authorize the issuance of a permit, modify the permit or confirm the recommendation of the Board of Appeals. The vote of the Village Board shall be final. (Ord. 2017-1520, 9-5-2017)

   A.   General Requirements: The Zoning Board of Appeals shall hear and decide appeals from any order, requirement, decision or determination made by the building inspector. It shall also hear and decide all matters referred thereto or upon which it is required to pass under this title. The Board may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper in the premises, and to that end, the Board shall also have all the powers of the officer from whom the appeal is taken.

   B.   Variances:

      1.   When a property owner shows that a strict application of the terms of this title relating to the use, construction or alteration of buildings or structures or to the use of land imposes upon him practical difficulties or particular hardship, then the Board may make such variations of the strict application of the terms of this title as are in harmony with its general purpose and intent, when the Board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship so great as to warrant a variation in the following instances:

         a.   To permit the extension of a district where the boundary of a district divides a lot in single ownership as shown of record.

         b.   To permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than fifty percent (50%) of its value by fire or act of God or the public enemy, where the Board shall find some compelling public necessity requiring a continuance of the nonconforming use, and in no case shall such a permit be issued if its primary function is to continue a monopoly.

         c.   To make a variance, by reason of an exceptional situation, surroundings or condition of a specific piece of property or by the reason of exceptional narrowness, shallowness or shape of a specific piece of property of record or by reason of exception topographical conditions, where the strict application of any provision of this title would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property and amount to a particular confiscation of property, as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the Comprehensive Plan, as established by the regulations and provisions contained in this title.

         d.   To interpret the provisions of this title where the street layout actually on the ground varies from the street layout as shown on the district map fixing the several districts.

         e.   To waive the parking requirements in the Neighborhood Commercial, Commercial Business or Industrial Districts whenever the character or use of the building is such as to make unnecessary the full provisions of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience.

         f.   To permit a building to be erected, reconstructed, altered or enlarged so that the building lines will extend beyond the distances specified in this title into side yards or into front yards; provided, that such variances may not be granted: 1) unless there is a building in the block which extends beyond the distance from the front street line specified in this title, in which case, the building line may be permitted to extend as near to the front street line as such nonconforming building; or 2) unless the lot is irregular in shape, topography or size; or 3) unless the street line of the lot is directly opposite the street line of a lot which is irregular in shape, topography or size.

         g.   To permit in any district such modifications of the requirements or the regulations of this title as the Board may deem necessary to secure an appropriate development of a lot where, adjacent to such lot on two (2) or more sides, there are buildings that do not conform to the regulations of the district.

         h.   To allow the following variances in the standards applicable to fences constructed pursuant to subsection 10-4-7D of this title:

            (1)   The construction of front yard fences.

            (2)   Front yard fences higher than four feet (4') but not greater than six feet (6').

            (3)   Front yard fences with less than forty percent (40%) open design.

            (4)   Front yard fences situated between the front lot line and the nearest line of a structure located on the lot.

            (5)   A reduction in the minimum setback or an increase in height not to exceed six feet (6') for fences located on corner lots.

            (6)   When considering applications for the foregoing variances regarding fences, the Zoning Board of Appeals shall consider the standards set forth at subsections 10-4-7D2c(2) through D2c(5) of this title.

      2.   Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the zoning ordinance or the district map, such power and authority being reserved to the Village Board of Trustees. The Board of Appeals may impose such conditions and restrictions upon the use of the premises benefited by a variance as it may deem necessary. The Board shall make no such variation, except in a specified case, after an application for a permit has been made and after duly advertised public hearing held by the Board as prescribed by statute. The notice of hearing shall contain the address or location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal. In order to partially defray the expenses of the public hearing involving variance, the applicant shall pay the sum of thirty five dollars ($35.00) at the time of the filing of the application for the variance.