This Title shall be administered and enforced by the Zoning Officer. No zoning permit or certificate of occupancy shall be issued by him/her except where the provisions of this Title have been complied with.

A zoning use permit shall be obtained from the Zoning Officer, by the owner, lessee, or other person having the right to possession, or his/her authorized agent, of any property or structure before commencing:

A.

To establish, occupy, or change the use of a structure or land either by itself or in addition to another use;

B.

To construct or erect a new structure or part thereof;

C.

To extend, demolish, or move any structure or part thereof;

D.

To change one nonconforming use to another such use or to a special use;

E.

To extend, expand, change, or reestablish any nonconforming use; provided, however, that Sections 17.08.010 through 17.08.100 shall not apply to those persons, nor to property, structure, or uses, exempted from the regulations of this Title by statute or by other provisions of this Title, except to the extent specifically provided hereinafter;

F.

All references to "structure" in this Section 17.08.020 shall include but not be limited to accessary structures, including but not limited to accessory storage structures and portable storage containers. For the purpose of this Title 17, "accessory storage structures" include lean-to structures and other similar storage structures; and "portable storage containers" include PODS and similar moving and storage containers.

Applications for zoning use permits shall be filed in the office of the Zoning Officer on forms prescribed by him/her. Such applications shall:

A.

State the location, street number, lot, block, and/or tract comprising the legal description of the property;

B.

State the name and address of the owner, the applicant if different from the owner, and the contractor if known;

C.

State the estimated costs;

D.

Describe the uses to be established or expanded;

E.

Be accompanied by a plan in duplicate, or duplicate prints thereof, drawn approximately to scale, showing:

1.

Actual dimensions of the lot to be built upon,

2.

Size, shape, and location of the use to be established or the structure to be constructed,

3.

Size, shape, and location of all existing structures and uses located on the lot,

4.

Minimum floor elevations and highest known floor level, where applicable,

5.

Ingress and egress,

6.

Off-street parking spaces and loading berths,

7.

Water supply and sewage disposal facilities, including a true and correct copy of any permit,

8.

Other information as may be necessary to provide for the proper administration and enforcement of this Title.

F.

Include any accessory structure or use established or constructed at the same time the main or principal structure, or main or principal use is established or constructed.

G.

If the application is for demolition, includes the applicant's written statement that the applicant assumes all responsibility for containment, removal, and remediation in compliance with all applicable environmental statutes, ordinances, and regulations.

A.

Except for instances noted below in Section 17.08.040(C) below in which a zoning use permit shall be referred to the Village Board for approval, the Zoning Officer is authorized to issue zoning use permits as provided in this Section 17.08.040(A). If the Zoning Officer determines that the fee applicable under Section 17.08.160 has been paid, and that an application for zoning use permit and the use applied for conform to the applicable regulations and standards of this Title, and if an application for a zoning compliance certificate has been made, the Zoning Officer shall issue a zoning use permit.

B.

The Zoning Officer, may at his option, refer any application for a zoning use permit to the Village Board for approval.

C.

In the following instances, the Zoning Officer shall refer an application for a zoning use permit to the Village Board for approval:

1.

If the Zoning Officer has issued two (2) zoning use permits to the same applicant, or to or for the same owner, and the same applicant or owner submits a third or further application(s) for zoning use permit(s) within twelve (12) months of the date on which the second of the first two (2) zoning use permits was issued.

2.

If the Zoning Officer receives an application for a zoning use permit to move a structure or any part thereof as defined in Section 17.04.040 of this Title (as required by Section 17.08.072(A) of this Title).

3.

If the Zoning Officer receives an application for a zoning use permit for an accessory structure to be built, constructed, or placed in a front yard (as required by Section 17.08.073(A) of this Title).

4.

If the Zoning Officer receives an application for a zoning use permit for a portable storage container (as required by Section 17.08.073(B) of this Title).

5.

If, before an initial zoning use permit expires, the Zoning Officer receives a request from the applicant for an extension of the initial zoning use permit (as required by Section 17.08.085(A) of this Title).

6.

If an applicant's initial zoning use permit and any extension thereof has expired without the applicant's completing the work for which the initial zoning use permit was issued, and the Zoning Officer receives an application for a new zoning use permit for the same work (as required by Section 17.08.090(A) of this Title).

D.

Whenever Village Board approval is required for issuance of a zoning use permit or extension of a zoning use permit, the Village Board may condition its approval on the applicant's providing a performance bond with surety acceptable to the Village Board to ensure completion of the work or other activity for which the zoning use permit is issued in the manner represented in the application, in compliance with all requirements of this Title 17, and before expiration of the zoning use permit.

E.

With regard to any zoning use permit that has been issued under this Title 17 after approval by the Zoning Officer or the Village Board, the Village Board may revoke the zoning use permit if it determines that its issuance was in violation of the requirements of this Title 17, or that the applicant is proceeding with work, construction, usage, or other activity which is inconsistent with what the applicant represented on the application for the zoning use permit. Whenever a zoning use permit is revoked, the Village Board shall immediately inform the applicant of the revocation, and of the reason(s) for which the revocation occurred.

Each zoning use permit for a main or principal structure, or main or principal use shall also cover any accessory structure or accessory use established or constructed at the same time on the same lot or tract of land.

A.

The Zoning Officer shall issue an original and a duplicate copy of the zoning use permit to the applicant and shall retain another duplicate copy for Village records.

B.

The applicant's duplicate copy shall be posted in plain sight on the premises for which it is issued until the zoning compliance certificate has been issued.

If the work described on any zoning use permit, other than a zoning use permit for demolition, has not begun within ninety (90) days from the issuance thereof, the permit shall expire and be cancelled by the Zoning Officer and written notice thereof shall be given to the applicant.

An applicant who has been issued a zoning use permit for demolition shall begin the work described on the zoning use permit by the tenth (10th) day after the zoning use permit is issued. The applicant may be fined twenty-five dollars ($25.00) per day for each day after the tenth (10th) day after issuance that the work is not begun, up to a maximum of six hundred dollars ($600.00) per month, until the work is begun. The applicant also may be fined twenty-five dollars ($25.00) per day for each day after the fifth (5th) day after the zoning permit expires, up to a maximum of six hundred dollars ($600.00) per month, until the work is completed.

A.

If the Zoning Officer receives an application for a zoning use permit to move a structure or any part thereof as defined in Section 17.04.040 of this Title, the Zoning Officer shall refer the application to the Village Board.

B.

The Village Board may not grant the application unless the applicant previously has been granted a variance for the moving pursuant to Section 17.44.050 of this Title 17. Notwithstanding anything to the contrary in Section 17.08.080, the zoning use permit shall expire after sixty (60) consecutive days.

C.

If the applicant has not taken all steps necessary to qualify the structure or part thereof which is the subject of the zoning use permit for a zoning compliance certificate within sixty (60) days of issuance of the zoning use permit, the applicant may be fined the sum of twenty-five dollars ($25.00) per day, up to a maximum of six hundred dollars ($600.00) per month, until the applicant has qualified the structure or part thereof for issuance of a zoning compliance certificate.

A.

If the Zoning Officer receives an application for a zoning use permit for an accessory structure to be built, constructed, or placed in a front yard, the Zoning Officer shall refer the application to the Village Board.

B.

Notwithstanding anything to the contrary in Sections 17.08.020 and 17.08.030 of this Title 17, a portable storage container, as described in Section 17.08.020(F), may be placed on a lot for up to thirty (30) days without a zoning use permit having been issued for the portable storage container. On or before the thirtieth (30th) day, however, an application for a zoning use permit must be filed with the Zoning Officer. The Zoning Officer shall refer the application to the Village Board.

C.

When the Village Board is referred an application pursuant to Section 17.08.073(A) or 17.08.073(B), the Village Board, at its discretion, may approve such application if it determines that the structure which is the subject of the application is in compliance with this Title 17, and that granting the application will neither adversely affect the value of the surrounding premises nor adversely affect the neighborhood in which the structure would be located.

D.

When granting an application for a zoning use permit for a portable storage container, the Village Board at its discretion shall specify the date on which the zoning use permit shall expire, which date shall be no later than the sixtieth (60th) day after issuance of the zoning use permit.

A.

If the work described on a zoning use permit for demolition shall not have been substantially completed within ninety (90) consecutive days from the issuance thereof, the zoning use permit shall expire and be cancelled by the Zoning Officer, and written notice thereof shall be given to the applicant. The Zoning Officer may also give the applicant notice that further work as described on the cancelled zoning use permit shall not proceed unless and until a new zoning use permit shall have been issued.

B.

If the portable storage container described on a zoning use permit, as issued pursuant to Sections 17.08.073(B) and 17.08.073(C) of this Title 17, is not removed on or before the sixtieth (60th) consecutive day from the issuance thereof, or by such earlier date that the Village Board may have established for expiration of the zoning use permit, the zoning use permit shall expire and be cancelled by the Zoning Officer, and written notice thereof shall be provided to the applicant.

C.

For all other zoning use permits, if the work described on the zoning use permit shall not have been substantially completed, the permit shall expire and be cancelled by the Zoning Officer, and written notice thereof shall be provided to the applicant. The Zoning Officer may also give the applicant notice that further work as described on the cancelled zoning use permit shall not proceed unless and until a new zoning use permit shall have been issued.

D.

With regard to any zoning use permit that has expired before completion of the work or removal described on the zoning use permit, and for which either:

1.

No request for extension or application for a new permit has been filed; or

2.

An extension or new permit is not permitted by this Title 17; or

3.

All request(s) for renewal and application(s) for new permit(s) sought by the applicant have been denied;

Then, beginning on the eleventh (11th) day after expiration of the zoning use permit or on the eleventh (11th) day after the denial of any such request(s) or application(s), the applicant may be fined the sum of twenty-five dollars ($25.00) per day, up to a maximum of six hundred dollars ($600.00) per month, for each day that the applicant fails to either complete the work or removal as described on the expired zoning use permit.

A.

An applicant may request an extension of an initial zoning use permit by submitting a written request for extension to the Zoning Officer before the original zoning use permit expires. If the Zoning Officer receives such a request before expiration of the initial permit, the Zoning Officer shall refer the request to the Village Board for approval.

B.

On receipt of a request for extension, the Village Board, at its discretion, may extend the time allowed for completion of the work for a period up to ninety (90) days, and may require a performance bond, with surety acceptable to the Village Board, to ensure completion of the work within the time allowed by the extension.

C.

If an extension is granted, the applicant must resume activity to complete with work within fifteen (15) days of the date on which the extension is granted.

D.

If an applicant who has received an extension does not resume activity to complete the work within fifteen (15) days of the date on which the extension is granted, or does not complete the work by the date on which the extension expires, the applicant may be fined the sum of twenty-five dollars ($25.00) per day, up to a maximum of six hundred dollars ($600.00) per month, for each day that the applicant fails to either resume the work as required by Section 17.08.085(C), or to complete the work before the expiration of the extended time allowed for completion.

E.

The Village Board may not grant any extension of a zoning use permit issued for demolition. The Village Board may grant only one (1) extension of any other zoning use permit.

A.

If an applicant's zoning use permit, and any extension thereof, has expired, and the applicant has not completed the work for which the zoning use permit was issued, the applicant may file with the Zoning Officer an application for a new zoning use permit. The Zoning Officer shall refer the application to the Village Board for approval.

B.

On receipt of the application for the new zoning use permit, the Village Board, at its discretion, may approve the application for the period reasonably deemed necessary to complete the work, up to a maximum of three hundred sixty-five (365) days. The Village Board, at its discretion, also may require a performance bond, with surety acceptable to the Village Board, to ensure completion of the work within the time allowed by the new zoning use permit.

C.

If the new zoning use permit is approved and issued, the applicant must resume activity to complete the work within fifteen (15) days of the date on which the new permit is issued.

D.

If an applicant who has been issued a new zoning use permit does not resume activity to complete the work within fifteen (15) days of the date on which the new zoning use permit is issued, or does not complete the work by the date on which the new zoning use permit expires, the applicant may be fined the sum of twenty-five dollars ($25.00) per day, up to a maximum of six hundred dollars ($600.00) per month, for each day that the applicant fails to either resume the work as required by Section 17.08.085(C), or to complete the work after the expiration of the new zoning use permit.

E.

A new zoning use permit will not be approved if there is a pending and unresolved dispute between the Village and the applicant concerning the initial zoning use permit issued for the same or similar work or purpose; if the initial zoning use permit did not fully comply with this Title 17; or if a variance must be obtained or modified before the initial zoning use permit would be in compliance with Title 17, but the variance has not yet been obtained or modified.

A zoning use permit issued for the establishment of the use of land where no structure is involved, or on which land a structure is accessory to the main or principal use, such main or principal use not involving any structure, shall not expire. The land so used shall be inspected by the Zoning Officer at one-year intervals from the date of issuance of such permit to ensure compliance with the regulations and standards of this Title.

No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a zoning compliance certificate has been issued by the Zoning Officer.

All zoning compliance certificates shall be applied for coincident with the application for a zoning use permit, and the certificate shall be issued within three (3) days after the erection or alteration shall have been approved.

Zoning compliance certificates for the use of vacant land shall be applied for before any such land is occupied or used, and a zoning compliance certificate shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of this Title.

The Zoning Officer shall maintain a record of all certificates and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building affected.

No permit for excavation for, or the erection or alteration or repairs to, any building shall be issued until an application has been made for a zoning compliance certificate.

The following fees shall be charged for the processing of applications and the issuance of zoning use permits, and shall be collected by the Zoning Officer, who shall be accountable to the Village for such fees:

A.

New construction of a main or principal structure of one thousand (1,000) square feet of floor area or less, one hundred fifty dollars ($150.00);

B.

New construction of a building of more than one thousand (1,000) square feet of floor area, fifteen cents ($0.15) per square feet of floor area;

C.

New construction of an accessary structure, ten cents ($0.10) per square foot of floor area, with a minimum fee of thirty dollars ($30.00) for an accessory structure of three hundred (300) square feet of floor area or less;

D.

Alter, remodel, or extend a major or principal structure, fifteen cents ($0.15) per square foot of floor area of alteration, remodel, or extension, with a minimum fee of one hundred fifty dollars ($150.00);

E.

Alter, remodel, or extend any accessory structure, ten cents ($0.10) per square foot of floor area of alteration, remodel, or extension, with a minimum fee of thirty dollars ($30.00);

F.

Alter, remodel, or extend an accessory use, thirty dollars ($30.00);

G.

Establish a use of land where no structure is involved, fifty dollars ($50.00);

H.

Move a structure from one (1) lot to another, thirty dollars ($30.00);

I.

Change in use, thirty dollars ($30.00);

J.

To demolish any structure or part thereof, thirty dollars ($30.00);

K.

Applications or petitions for variance, special uses, or amendments, two hundred fifty dollars ($250.00);

L.

To place or keep a portable storage container for a period exceeding thirty (30) days, fifteen dollars ($15.00);

There shall be no refund on any zoning use permit fees paid under Section 17.08.160.

The fee for submitting a request for an extension of a zoning use permit, and for an application for a new zoning use permit, shall be three (3) times the fee applicable to the initial application for the zoning use permit.

Any person who commences any activity for which a zoning use permit is required under Section 17.08.020 of this Title 17, but who has not obtained a zoning use permit before commencing the activity, may be fined one hundred dollars ($100.00) for the first violation of Section 17.08.020 and two hundred fifty dollars ($250.00) for any additional violation of Section 17.08.020.