The mayor of the village, with the advice and consent of the village board, shall designate a zoning administrator to be responsible for enforcing this title. The zoning administrator shall see that the provisions of this title are properly enforced. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Permit And Compliance Required: No building or structure shall hereafter be erected or structurally altered until a building permit has been issued by the village stating that the building or structure and use of land comply with the regulations of this title.

   B.   Plat Required: All applications for building permits shall be accompanied by a plat, in duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots, and such other information as may be necessary to provide for the enforcement of this title. A careful record of such applications and plats shall be kept in the office of the zoning administrator. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Certificates Required:

      1.   Certificate For Occupancy: No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the zoning administrator. The certificate of compliance shall be issued only after the zoning administrator makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this title and other health and building laws and in accordance with a building permit.

      2.   Certificate For Change Of Use: No change shall be made in the use of a building or part thereof, now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a certificate of compliance having first been issued by the zoning administrator. No such certificate shall be issued to make such change unless it is in conformity with the provisions of this title and amendments hereto, hereafter duly enacted.

   B.   Issuance Of And Recording Certificates: Certificates of compliance shall be issued within ten (10) days after the erection and alteration of such building shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the zoning administrator, and copies shall be available to any person having proprietary or tenancy interest in the building affected.

   C.   Temporary Certificate: Upon the request of the holder of a building permit, the zoning administrator may issue a temporary certificate of occupancy for part of, or parts of, a building; provided, that such temporary occupancy would not constitute a hazard to life or health. Such temporary certificate of occupancy shall not be issued to cover a period of more than six (6) months. Upon the termination of the period for which the temporary certificate of occupancy is issued, if the applicant does not apply for and receive a certificate of compliance as provided for in this section, then all rights and privileges of occupancy granted by the village shall be null and void.

   D.   Existing Uses: Nothing in this section shall prevent the continuance of the present occupancy or lawful use of any existing building or zoning lot, except as may be necessary for the safety of life and property. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Permitted Variations: When a property owner or his agent shows that a strict application of the terms of this title relating to the use, construction or alteration of buildings or structures or the use of the land imposes upon him practical difficulties or particular hardship in that a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title, then the board may recommend to the village board, and the village board may authorize by ordinance, 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 such variation will not merely serve as a convenience to the applicant nor merely to allow the applicant to receive greater revenue from the use or sale of the property, but is necessary to alleviate some demonstrable and unique hardship or difficulty so great as to warrant a variation from the provisions of this title, or in the following instances:

      1.   Extension Of A District: To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown to be on record prior to the effective date hereof.

      2.   Lessening Of Yard Requirements: To permit a front yard, a side yard, or a rear yard less than that required by this title, but such variation shall not exceed twenty five percent (25%) of the depth of the front yard or the depth of the rear yard or the width of a side yard as required by this title.

      3.   Exceeding Height Or Bulk Limits: To permit a building to exceed the height limit by not more than ten percent (10%) of the height limit established by this title.

      4.   Lessening Of Lot Requirements: To permit the use of a lot less in area by not more than ten percent (10%) of the lot area required by this title unless such lot is an existing lot of record and governed by section 8-5-4 of this title.

      5.   Interpretation Of Map: To interpret the provisions of this title where the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this title.

   B.   Criteria For Granting Variations: In considering all appeals and all proposed variations to this title, the board shall, before recommending that the village board grant any variation from this title in a specific case, first determine and make a finding of fact that the proposed variation will not:

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

      2.   Unreasonably increase the congestion in public streets.

      3.   Increase the danger of fire or endanger the public safety.

      4.   Unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, and welfare of the inhabitants of the village.

   C.   Application For Variation: An application for variation, as above described, shall be made as follows:

      1.   The applicant shall file a petition for variation with the village zoning administrator, accompanied by a filing fee to be established by the village board.

      2.   Said petition shall set forth the facts and details concerning the proposed variation and shall have attached thereto a diagram or plan showing the result the proposed variation would have on the subject property.

      3.   Said petition shall be filed prior to the date the notice of hearing hereinafter specified has been published in the local newspaper.

      4.   The village zoning board of appeals, through its chair, shall set a date, time, and place for public hearing on the petition and shall inform the petitioner of same. Notice of the public hearing of petitioner's application is to be given in the following manner:

         a.   By publishing the notice of the date, time and place of such hearing in a newspaper of general circulation in the village at least fifteen (15), but not more than thirty (30), days prior to the hearing.

         b.   By causing said notice to contain the particular location for which the variation is requested, as well as a brief statement describing the proposed variation. The legal description shall, in addition to the required metes and bounds or lot and block description, contain a simple description of the property as to area and location of such a nature to enable the ordinary reader to accurately locate such property.

         c.   By sending copies of the notice of hearing to all property owners of property which is adjacent to, abutting, or across the road, street, or alley from the property in question.

   D.   Prohibited Variations: A petition for a variation for the establishment of a use not permitted within the intended district shall not be granted. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Authority To Appeal: Any person aggrieved by a ruling of the zoning administrator charged with the enforcement of this title or by any officer, department, board, or bureau of the village concerning the interpretation of this title may take an appeal to the zoning board of appeals.

   B.   Time For Appeal: Such appeal shall be taken within thirty (30) days to the zoning board of appeals and shall be taken by filing with the zoning clerk and with the zoning board of appeals a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the zoning board of appeals. The zoning clerk shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed was taken.

   C.   Decisions Of Board:

      1.   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.

      2.   The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator or to decide in favor of the applicant any matter upon which it is authorized by this title to render decisions. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Amendment By Ordinance; Requirements Generally: The regulations imposed and the zoning districts created under this title may be amended by ordinance, but no such amendment shall be made by the zoning board without public notice and without a public hearing and recommendations forwarded to the village board within thirty (30) days of the date the petition was submitted to the zoning board of appeals, unless it is withdrawn by the petitioner.

   B.   Application For Amendment: The village board and any private petitioner may apply for an amendment to the text of this title and to the accompanying zoning map made a part of this title.

   C.   Fee: Any petition for an amendment by a private party shall be accompanied by a filing fee as established by the village board, which fee shall be deposited with the zoning clerk within fifteen (15) days after the receipt thereof, and no part shall be returnable to the petitioner.

   D.   Notice Of Hearings: The village zoning board of appeals shall cause notice of public hearing of petitioner's application to be given in the following manner:

      1.   By publishing a notice of the time and place of such hearing in a newspaper of general circulation in the village not less than fifteen (15) nor more than thirty (30) days prior to the date of the hearing;

      2.   By causing said notice to contain the particular location for which the amendment is requested as well as a brief statement describing the proposed amendment; and

      3.   By notifying such property owners, groups, or organizations, as it deems desirable, of the proposal.

   E.   Written Protest: In the event of written protest against the proposed amendment, 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 the alley or rear line 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 zoning district and filed with the village clerk, such amendment shall not be passed except by the favorable vote of four-fifths (4/5) of all of the elected members of the village board.

   F.   Final Decision: The village board, without further public hearing, may adopt or deny the report of the zoning board of appeals for any proposed amendment or may refer the petition back to the zoning board of appeals for further consideration. (Amended Ord., 2-15-1993, eff. 2-26-1993)

Fees pertaining to petitions for zoning amendments, certificates of compliance, variations, and for appeals to the zoning board of appeals shall be established by action of the village board from time to time. Such fees shall be paid to the village board who shall give a receipt therefor and account for same at regular intervals to the village board. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Notice Of Violation; Time Limit For Correction:

      1.   The zoning administrator shall give written notification of any violation of this title to the owner or lessor of or the trustee or other legally responsible party for such property, stating in such notification that he has inspected the property and has found it in violation of this title. He shall state in the notification, in clear precise terms, a description or explanation of the violation. The property owner, trustee, lessor, or legally responsible party shall have thirty (30) days in which to correct such violation or to give satisfactory evidence that he has taken steps that will lead to correcting such violation within a stated period of time, which time must be agreeable to the zoning administrator as being fair and reasonable.

      2.   The owner, trustee, lessor or other legally responsible party shall be deemed to be in violation of this title if, after thirty (30) days, the violation has not been corrected or is not in the process of being corrected within a reasonable length of time or time in which correction will be made has not been approved by the zoning administrator.

   B.   Misdemeanor Violation: A violation of any of the provisions of this title shall be considered a misdemeanor and punishable as provided in section 1-4-1 of this code. Each day a violation is permitted to exist shall constitute a separate offense. (Amended Ord., 2-15-1993, eff. 2-26-1993)

The zoning board of appeals is required by state law and is intended to serve a twofold purpose. First, the board hears appeals on, and either reverses or upholds actions taken by the zoning administrator in the administration of this title. Their decision stands unless the appeal is carried to the village board which is the last recourse prior to the courts. The second purpose of the zoning board of appeals is to act on requests for variations. Here, in every case, they shall make a recommendation to the village board to deny or permit the variation by ordinance. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   There is hereby established a zoning board of appeals. Said board shall consist of seven (7) members nominated by the mayor of the village and appointed by the village board. The members of said board shall serve for the following initial terms:

      One for one year.

      One for two (2) years.

      One for three (3) years.

      One for four (4) years.

      One for five (5) years.

      One for six (6) years.

      One for seven (7) years.

   B.   The successor of each member so appointed shall serve for a term of five (5) years. (Amended Ord., 2-15-1993, eff. 2-26-1993)

Vacancies shall be filled by the mayor, subject to confirmation by the village board, for the unexpired term. Members may be removed by the village board for cause after written charges have been filed and after a public hearing has been held if demanded by the member so charged. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Chair: One of the members of the board shall be designated by the mayor, with the consent of the village board, as chair of said board and shall hold said office as chair until a successor is appointed. Such chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses.

   B.   Zoning Clerk: The zoning clerk is to be appointed from the zoning board by the mayor, with consent of the village board. The zoning clerk shall make and keep a record of all its meetings and official acts. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Time, Place, And Notification: All meetings of the board shall be held at the call of the chair and at such other times as the board may determine. There shall be at least fifteen (15) days', but not more than thirty (30) days', notice of the time and place of such meeting published in a newspaper of general circulation in the village, said notice to contain a statement of the particular purpose of such meeting and a brief description of the location of the property or properties under consideration at such meetings.

   B.   Open Meetings: All meetings of the board shall be open to the public.

   C.   Record Of Meetings: The board shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case, and the board's recommendations to the village board to grant or deny each application shall be specified. Every rule, regulation, and every order, requirement, decision, or determination of the board shall immediately be filed in the office of the zoning clerk and shall be a public record.

   D.   Rules Of Procedure: The board shall adopt its own rules of procedure, a copy of which and all recommendations thereto to be filed in the office of the zoning clerk. (Amended Ord., 2-15-1993, eff. 2-26-1993)

The intent and purpose of this article is to provide the mechanism whereby certain structures and/or uses that are necessary and desirable but are of a unique, special, or nonrecurring nature may be permitted within any zoning district. (Amended Ord., 2-15-1993, eff. 2-26-1993)

The village board may permit special uses of land and/or structures within any district subject to conditions contained herein if it finds that the proposed location and establishment of any such special use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites and will further community development in accordance with the comprehensive plan. (Amended Ord., 2-15-1993, eff. 2-26-1993)

The following is a general list of the kinds of uses that may be given a special use classification:

Airport, landing field, or landing strip.

Antique and gift shops, art and craft studios, tourist homes, guesthouse, bed and breakfast, and other tourist oriented structures or uses within the AG (agricultural) district or the GR (general residential) district.

Areas for the dumping or disposal of trash or garbage.

Art galleries, libraries, museums, or similar structures.

Auditorium, stadium, arena, armory, gymnasium, and other similar places for public events.

Bus terminal, railroad passenger station, freight terminal, or any other public transportation terminal facilities.

Cemeteries, crematories, or mausoleums.

Church.

Extraction of gravel, sand, or other raw materials.

Golf courses, public or private.

Historically conforming special uses (see section 8-9-7 of this title).

Hospitals or sanitariums, public or private.

Medical or dental offices or clinics.

Municipal or privately owned recreation buildings or community center.

Off street public or commercial parking areas and garages.

Permitted expansion of nonconforming uses (see section 8-9-6 of this title).

Planned developments (as defined in section 8-2-3 of this title).

Police station, fire station, village hall, or courthouse.

Public or private park or playground.

Public utility facilities, i.e., filtration plant, water reservoir or pumping station, heat or power plant, transformer station, and other similar facilities.

Publicly owned and operated fairgrounds.

Radio and television transmitting or antenna towers (commercial) and other electronic equipment requiring outdoor structure and including antenna towers used for the sending of private messages.

Railroad right of way.

Rest homes and nursing homes.

Schools, elementary, high, and college, public or private.

Sign clusters or sign malls.

Telephone exchanges, antenna towers, and other outdoor equipment essential to the operation of the exchange.

Undertaking establishments.

Other uses similar to the above uses provided that the intent of this article is followed.

Mobile home park in residential and conservation districts. (Amended Ord., 2-15-1993, eff. 2-26-1993)

The zoning board of appeals and/or the village board may recommend and impose such restrictions upon the height, bulk and area of occupancy of any structure so approved as a special use as may be reasonable under the particular circumstances; provided, that such restrictions and stipulations shall not be more restrictive than the requirements established for the district in which such structure is proposed to be located or as may be required in any other municipal code. Off street parking facilities as well as off street loading and unloading spaces may also be stipulated in the order permitting the special use. Recommendations and approval shall follow the procedures established in section 8-3B-5 of this article. (Amended Ord., 2-15-1993, eff. 2-26-1993)

The procedure to be followed in considering applications for special uses and for the addition to or enlargement of nonconforming structures as permitted in chapter 9 of this title shall be as follows:

   A.   Application For Special Use: An application verified by the owner or authorized agent of the owner of the property involved shall be filed with the zoning administrator for the attention of the zoning board of appeals upon a form prescribed therefor which shall contain or be accompanied by all required information.

   B.   Public Hearing: Upon receipt of such verified application, the zoning administrator shall notify the chair of the zoning board of appeals, or in his absence, the vice chair, and shall give notice of a public hearing in the same manner as provided for hearings on the reclassification of property as contained in section 8-3-6 of this chapter. A record of pertinent information presented at the public hearing shall be made and maintained by the zoning board of appeals as part of the permanent record relative to the application.

   C.   Recommendation And Decision: The zoning board of appeals shall then make its findings and recommendations known within thirty (30) days following the date of public hearing on each application. The village board may then authorize a special use as defined herein or the addition or enlargement of a nonconforming structure, provided the evidence presented is such as to establish:

      1.   That the proposed use or expansion at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community and shall further community development in accordance with the comprehensive plan.

      2.   That such use or expansion will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity.

      3.   That the proposed use or expansion will comply with the regulations and conditions specified in this title for such use or expansion and with the stipulations and conditions made a part of the authorization granted by the village board. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   General Requirements: Planned developments, as defined in section 8-2-3 of this title, are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby set out to govern the recommendations of the village board. Recommendations and approval shall follow the procedures established in section 8-3B-5 of this article.

   B.   Use Exceptions: In the case of residential, business, or manufacturing planned developments, the village board may authorize that thereto, in part of the area of such development and for the duration such development, specified uses not permitted by the use regulations of the district in which said development is located, provided it is found:

      1.   That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;

      2.   That the uses permitted by such exception are not of such a nature or so located to exercise a detrimental influence on the surrounding neighborhood;

      3.   That not more than twenty five percent (25%) of the ground area or of the gross floor area of such development is to be devoted to the uses permitted by said exception; and

      4.   That in a manufacturing planned development, such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located.

   C.   Bulk Regulations: In the case of any planned development, the zoning board of appeals and/or the village board may recommend and authorize exceptions to the applicable bulk and site planning regulations of this title within the boundaries of such development, provided it is found:

      1.   That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as of neighboring properties than would be the case under the bulk regulations of this title for buildings developed on separate zoning lots;

      2.   That the overall height of buildings of the development shall not exceed that prescribed in this title for the district in which it is located;

      3.   That the minimum lot area per dwelling unit requirements of this title shall be adhered to in any such development containing residential uses, and that access to such open space as this affords shall be made available to the occupants of all dwelling units within the development;

      4.   That spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this title on separate zoning lots, due consideration being given to the openness normally afforded by intervening streets and alleys; and

      5.   That along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which said development is located. (Amended Ord., 2-15-1993, eff. 2-26-1993)

 

Notes:

   1.    Cost may include, but is not limited to, necessary professional fees, administrative fees, and any expense to properly give notice, advertise, post, and conduct a hearing.

(Per document, eff. 6-1-2007)