The zoning administrator is hereby authorized and directed to administer and initiate enforcement of the provisions of this chapter. This includes, but is not limited to, the following duties:

(1)

To review and pass upon applications for certificates of zoning compliance;

(2)

To inspect all land, structures and uses to determine compliance with this chapter and, where there are violations, to initiate appropriate corrective action;

(3)

To review and forward to the zoning board of appeals all applications for variances;

(4)

To review and forward to the plan commission all applications for map amendments, text amendments, and special use permits for public hearings and recommendations;

(5)

To maintain up to date records of this chapter, including, but not limited to, district maps, certificates of zoning compliance, special use permits, temporary use permits, variances, interpretative decisions, amendments and all related matters;

(6)

To review the provisions of this chapter to determine whether revisions are needed and to make recommendations on these matters to the plan commission at least once per year;

(7)

To annually publish any revisions of this chapter, including the zoning district map and any amendments thereto; and

(8)

To provide information to the general public on matters related to this chapter.

(Code 2009, § 9-4-1; Ord. of 11-25-1996)

(a)

The administrator shall be responsible for recording all proceedings and examinations of the zoning board of appeals, and shall indicate the absence of any member, the vote or abstention of each member on each question and any official action taken. A copy of every rule, variance, order or decision of the board shall be filed and shall be a public record.

(b)

The administrator shall be responsible for recording all of the proceedings and examinations of the plan commission, and shall indicate the absence of any member, the vote or abstention of each member on each question and any official action taken. A copy of every decision of the commission shall be filed and shall be a public record. The administrator shall be responsible for the preparation of the findings of fact.

(Code 2009, § 9-4-1-1; Ord. of 11-25-1996)

Upon the adoption of the ordinance from which this chapter is derived, no land shall be developed, no new use or structure shall be established or erected and no existing use or structure shall be enlarged, extended, altered, relocated or reconstructed until a certificate of zoning compliance has been issued. The administrator shall not issue a certificate of zoning compliance unless the administrator determines that the proposed work conforms to the applicable provisions of this chapter.

(Code 2009, § 9-4-2; Ord. of 11-25-1996)

(a)

Items of information. Every applicant for a certificate of zoning compliance shall submit to the administrator in graphic and/or in narrative form all of the following items:

(1)

Name, address and telephone number of the applicant.

(2)

Name, address and telephone number of the owner or operator of the proposed structure or use, if different from subsection (a)(1) of this section.

(3)

Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and other related information.

(4)

Location of the proposed use or structure and its relationship to existing adjacent uses or structures.

(5)

Area and dimensions of the site for the proposed structure or use.

(6)

Number and size of proposed dwelling units, if any.

(7)

Location and number of proposed parking/loading spaces and accessways.

(8)

Any other information that the administrator may require.

(b)

Relationship to building permits. Upon the effective date of the ordinance from which this chapter is derived, the building official shall not issue any building permit for the erection, enlargement, extension, alteration or reconstruction of any structure unless the applicant for such permit presents to the building official a copy of the certificate of zoning compliance pertaining to such work.

(Code 2009, § 9-4-2-1; Ord. of 11-25-1996)

Whenever the zoning administrator finds, by inspection or otherwise, that any lot or structure, or use or work thereon, is in violation of this chapter, the zoning administrator shall so notify the responsible party and shall order corrective action.

(Code 2009, § 9-4-2-2; Ord. of 11-25-1996)

The order to take corrective action shall be in writing and shall include:

(1)

A description of the premises sufficient for identification.

(2)

A statement indicating the nature of the violation.

(3)

A statement of the remedial action necessary to effect compliance.

(4)

The date by which the violation must be corrected.

(5)

A statement that the alleged violator is entitled to a conference with the administrator if the administrator so desires.

(6)

The date by which an appeal of the corrective action order must be filed and a statement of the procedure for so filing.

(7)

A statement that failure to obey a corrective action order shall result in revocation of the certificate of zoning compliance and may result in the imposition of fines.

(Code 2009, § 9-4-2-3; Ord. of 11-25-1996)

A corrective action order shall be deemed properly served upon the owner, occupant or operator of the offending lot, structure or use if it is:

(1)

Served personally;

(2)

Sent by certified or registered mail to said owner, occupant or operator's last known address; or

(3)

Posted in a conspicuous place on or about the affected premises.

(Code 2009, § 9-4-2-4; Ord. of 11-25-1996)

Whenever any work is being done in violation of a certificate of zoning compliance or this chapter, the administrator's corrective action order may state that the violation must cease immediately. In such cases, the corrective action order is equivalent to a stop order.

(Code 2009, § 9-4-2-5; Ord. of 11-25-1996)

Notwithstanding any other provisions of this chapter, whenever the administrator determines that any violation of this chapter poses an imminent peril to life or property, the administrator may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition. At the earliest possible time, notice shall be served; costs, including attorney fees, to be paid by violator.

(Code 2009, § 9-4-2-6; Ord. of 11-25-1996)

Whenever any violation of this chapter occurs or is alleged to have occurred, any person may file a complaint to the administrator. The administrator shall record such complaints, immediately investigate, and if necessary, institute appropriate corrective action.

(Code 2009, § 9-4-2-7; Ord. of 11-25-1996)

Whoever violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be guilty of an offense.

(Code 2009, § 9-4-2-8; Ord. of 11-25-1996; Ord. No. 2001-3, 7-23-2001)

(a)

Authority. The zoning board of appeals shall hear and decide appeals from an administrative order, requirement, decision or determination made by the administrator or other authorized official of the village having jurisdiction under this chapter.

(b)

Initiation. An appeal may be taken to the zoning board of appeals by any person, firm or corporation, or by any officer, department, board, bureau or commission aggrieved by an administrative order, requirement, decision or determination under this chapter by the administrator or other authorized official of the village having jurisdiction under this chapter.

(c)

Processing. The board of appeals shall fix a reasonable time for the hearing of the appeal and shall give due notice thereof to parties and shall decide the appeal within a reasonable time. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement or decision or determination to be made on the premises and, to that end, has all the powers of the official from whom the appeal is taken.

(Code 2009, § 9-4-3-3; Ord. of 11-25-1996)

(a)

Types of special uses. The formulation and enactment of this chapter is based upon the division of the village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted, compatible uses, it is recognized that there are other uses which may be necessary or desirable to allow in a given district but which, due to their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as special uses and fall into two categories as follows:

(1)

Uses either municipally operated or operated by publicly regulated utilities or uses traditionally affected by public interest.

(2)

Uses entirely private in character which, due to their particular location needs, may or may not be compatible with adjacent uses. The purpose of the special use is to ensure that all granted special uses comply with the purpose and intent of this chapter.

(b)

Application for special use. An application for special use shall be filed with the administrator.

(c)

Manner of authorization. Special uses shall be authorized by a special use permit granted by the village board after a public hearing by the plan commission and a filing of recommendations with findings of fact.

(d)

Requirements for authorization. No special use shall be granted by the village board unless the proposed special use:

(1)

Is necessary for the public convenience at that location, or in the case of existing nonconforming uses, a special use permit will make the use more compatible with its surroundings;

(2)

Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

(3)

Will not cause substantial injury to the value of other property in the neighborhood in which it is to be located;

(4)

Is designated by this chapter as a listed special use in the zoning district in which the property in question is located.

(e)

Conditions. Following the recommendations of the plan commission, the village board may provide such conditions or restrictions upon the construction, location and operations of a special use, including, but not limited to, provisions for the protection of adjacent property, the expiration of such special use after a specific period of time, signage, the number of off-street parking and loading spaces as may be deemed necessary to secure the general objectives of this chapter and to reduce injury to the value of the property in the neighborhood.

(f)

Expiration. In the event the village board establishes no time limitation, then the permit shall expire in one year if a building permit or occupancy permit has not been issued. Nothing shall preclude an applicant from reapplying for the same special use permit upon expiration. An extension may be granted with approval of the village board.

(g)

Public hearing and notice. The plan commission shall hold a public hearing on every special use application after the application is submitted to them. At the hearing, any interested party may appear and testify either in person or by authorized agent. Notice indicating the location of property, the time, date and place of the hearing and the nature of the proposed special use shall be given not more than 30 nor less than 15 days before the hearing:

(1)

By certified mail, return receipt requested, to all property owners within 250 feet of the property.

(2)

By publication in a newspaper of general circulation within the village.

(h)

Recommendation by plan commission. The plan commission shall render a decision on a request for a special use permit within 60 days after the hearing. The commission may recommend such conditions or restrictions upon the special use permit as may be deemed necessary to secure the general objectives of this chapter and notify the village board of their recommendations.

(Code 2009, § 9-4-4-4; Ord. of 11-25-1996)

The village board shall approve all amendments and special use permits by ordinance.

(1)

Procedure of approval.

a.

After a public hearing has been conducted before the plan commission, the village board shall review all recommendations and decisions made regarding this chapter.

b.

In order to partially defray the expenses of a zoning change public hearing, each person petitioning for a zoning change shall deposit with the village treasurer the sum in the amount provided in the village's fee schedule and, in addition, the fees for filing and publishing preannexation agreements, notices and all other matters requiring a publication, and fees for professional services.

(2)

Action by village board. The village board shall act on every proposed amendment and special use following submission of the plan commission's advisory report. Without further public hearing, the village board may pass or reject, in whole or in part, any proposed amendment or special use permit or may refer it back to the plan commission for further consideration, by simple majority vote of all the members then holding office, stating the reasons for referral.

(3)

Payment required. In order to defray the expenses of a zoning change public hearing, each person petitioning for a zoning change shall pay the village treasurer an administrative fee in the amount provided in the village's fee schedule and, in addition, the anticipated fees for filing and publishing preannexation agreements, notices and all other matters requiring publication, and fees for professional services. The administrative fee shall be paid at the time the application is submitted to the village. All other fees shall be paid prior to the commencement of the public hearing. In the event a failure to pay the required fees, the person petitioning agrees that they will, in addition, pay any costs or expenses (including reasonable attorney fees) incurred by the village in collecting the required fees from them.

(Code 2009, § 9-4-5; Ord. of 11-25-1996; Ord. No. 2004-12-14B, 12-14-2004)

(a)

The zoning board of appeals of the village, as heretofore created and established under the provisions of this chapter, as amended, is hereby reconstituted and reestablished as the zoning board of appeals under the provisions of this chapter, and the present duly appointed members of the zoning board of appeals shall continue to serve in such capacity for the full term for which they were appointed and qualify.

(b)

All appointments to the zoning board of appeals shall be made by the mayor, subject to the approval of the village board. One of the members so appointed shall be named by the mayor as chairperson at the time of this appointment. The mayor, subject to the approval of the village board, shall have the power to remove any member of the zoning board of appeals for cause and after a public hearing. Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. In the event that the office of chairperson is vacated for any reason, the mayor, subject to approval of the board of trustees, shall immediately appoint any one of the remaining members of the board of appeals, or any member who is appointed to fill such vacancy on the zoning board of appeals, as the new chairperson. The members of the zoning board of appeals shall elect an acting chairperson who shall serve in the absence of the chairperson.

(c)

All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or, in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. 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 that fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the village clerk and shall be public record.

(d)

The zoning board of appeals shall decide matters as authorized by this chapter after a public hearing.

(e)

All decisions and findings of the zoning board of appeals on appeal or application for a variation after a hearing shall, in all instances, be reported to the board of trustees for final decision.

(Code 2009, § 9-4-3-1; Ord. of 11-25-1996)

The zoning board of appeals is hereby vested with the following jurisdiction and authority:

(1)

To hear, decide and review appeals from any order, requirement, decision or determination made by the zoning administrator or other authorized officials of the village having jurisdiction under this chapter.

(2)

To hear and pass upon applications for variations from the terms provided in this chapter in the manner prescribed by and subject to the standards established herein.

(3)

To hear and to decide all matters referred to it or upon which it is required to pass under this chapter or as prescribed by statute.

(Code 2009, § 9-4-3-2; Ord. of 11-25-1996)

(a)

Authority. The mayor and village board, by ordinance, upon report of the zoning board of appeals and only after a public hearing before the zoning board of appeals, shall decide variations of the provisions of this chapter in harmony with its general purpose and intent. The board shall vary this chapter only in the specific instances hereinafter set forth where the zoning board of appeals shall have made findings of fact based upon the standards hereinafter prescribed stating that there are practical difficulties or particular hardships which hinder the carrying out of the strict letter of the regulations of this chapter.

(b)

Initiation. An application for a variation shall be filed in writing with the administrator and may be made by any government office, department, board, bureau or commission, or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or any exclusive possessory interest applicable to the land or the land and improvements described in the application for a variation.

(c)

Processing. An application for a variation shall be filed with the administrator who shall forward such application to the zoning board of appeals for processing in accordance with applicable statutes of the state. No variation shall be made by the village board except after a public hearing before the zoning board of appeals held on such notice as required by law.

(d)

Standards.

(1)

The zoning board of appeals shall not recommend a variation unless it shall make findings based upon evidence presented to it in the following cases:

a.

That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located.

b.

That the plight of the owner is due to unique circumstances.

c.

That the variation, if granted, will not alter the essential character of the locality.

(2)

For the purpose of supplementing the standards in subsection (d)(1) of this section, whenever there are practical difficulties or particular hardships, the zoning board of appeals shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

a.

That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out.

b.

That the conditions upon which the petition for variation are based would not be applicable generally to other property within the same district.

c.

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.

(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 to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.

(e)

Types of variations. The zoning board of appeals shall hear and recommend and the village board shall decide only such variations to the regulations of this chapter as follows:

(1)

To permit a yard or other required open areas to have less width or depth than herein required by applicable zoning district regulations.

(2)

To permit the use of a lot of record on the effective date of the ordinance from which this chapter is derived for a use otherwise prohibited solely because of the insufficient area or width of the lot.

(3)

To allow any permitted use to exceed the floor area ratio or building height regulations of the district where such use is to be located.

(4)

To permit the same off-street parking spaces to qualify as required spaces for two or more uses, provided that the maximum use of such facility by each user does not take place during the same time.

(5)

To vary the off-street parking regulations.

(6)

To permit the reconstruction of a nonconforming building, a structure which has been destroyed or damaged by fire, act of God, or the public enemy to an extent of more than 50 percent of the total cost of reconstructing the entire building or structure, where the zoning board shall find a compelling necessity requiring a continuance of the nonconforming use.

(7)

To vary sign regulations.

(8)

To permit any variation other than those allowable in this subsection, where such variation would better carry out the intention of this chapter and where no harm would be caused by the granting of said variation.

(Code 2009, § 9-4-3-4; Ord. of 11-25-1996)

The plan commission of the village, which has been duly established with functions as prescribed by state statutes, is the plan commission referred to in this chapter. The members of the zoning board of appeals shall serve as members of and constitute the plan commission.

(Code 2009, § 9-4-4-1; Ord. of 11-25-1996)

The plan commission shall have the following duties under this chapter:

(1)

To receive from the zoning administrator copies of applications for proposed amendments and special uses and thereafter shall review the applications and shall submit reports and recommendations thereon to the village board.

(2)

To initiate, direct and review, from time to time, studies of the provisions of this chapter, and to make reports of its recommendations relative to proposed amendments to the board of trustees.

(3)

To initiate review and make recommendations to the village board regarding amendments to the comprehensive plan and the official map.

(4)

To review and make recommendations to the village board regarding proposed plats of subdivisions within the territorial jurisdiction of the village.

(5)

To act on all other matters which are referred to the commission as required by the provisions of this chapter.

(6)

Whenever in this chapter a finding or recommendation of the plan commission shall be required, such recommendation shall be made only after a hearing. Such recommendation is purely advisory, and an unfavorable vote by the plan commission or the failure to make a favorable finding shall not prevent the village board from granting the relief, zoning amendment, special use or other request.

(Code 2009, § 9-4-4-2; Ord. of 11-25-1996)

The village board may amend this chapter in accordance with state law and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses shall be deemed proposed amendments. Amendments may be proposed by the village board, the administrator, the zoning board of appeals, the plan commission or any party in interest.

(1)

Filing. Every proposal to amend this chapter shall be filed with the administrator. The administrator shall transmit said proposal, together with comments or recommendations, to the plan commission for a public hearing.

(2)

Public hearing and notice. The plan commission shall hold a public hearing on every amendment proposal after said proposal has been submitted. At the hearing, any interested party may appear and testify either in person or by authorized agent. Notice indicating the location of property, the time, the date and place of the hearing and the nature of the proposed amendment shall be given not more than 30 days nor less than 15 days before the hearing:

a.

For map amendments: The petitioner shall send the notice by certified mail, return receipt requested, to all property owners within 250 feet of the property. A certified mailing sent to all persons at the addresses appearing on a roll prepared by the county clerk, listing to whom the tax bills are sent concerning parcels of property which are within 250 feet of the subject property will satisfy this requirement.

b.

For map and text amendments: by publication in a newspaper of general circulation within the village.

(3)

Advisory report, findings of fact. Within 60 days after the public hearing, the plan commission shall submit their advisory report to the village board. The report shall state the plan commission's recommendations regarding adoption of the proposed amendment and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the plan commission shall include in their advisory report findings of fact concerning each of the following matters:

a.

Existing use and zoning of the property in question.

b.

Existing use and zoning of other lots in the vicinity of the property in question.

c.

Suitability of the property in question for uses already permitted under existing regulations.

d.

Suitability of the property in question for the proposed use.

e.

The trend of development in the vicinity of the property in question, including changes which may have occurred since the property was initially zoned or last zoned.

f.

The effect the proposed rezoning would have on implementation of the comprehensive plan.

g.

Impact on surrounding properties.

h.

Impact on health, safety and welfare of the community.

(Code 2009, § 9-4-4-3; Ord. of 11-25-1996)

The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. The regulations of this chapter are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.

(Code 2009, § 9-7-1; Ord. of 11-25-1996)

Any vacant lot that does not conform to one or more of the lot size (area, dimensions) requirements of the district in which it is located may be used in the manner indicated in this chapter if such vacant lot:

(1)

Is a lot of record on the date of the adoption or amendment of this chapter; and

(2)

Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by any applicable zoning or other ordinance; and

(3)

Is at least 50 feet wide.

(Code 2009, § 9-7-2; Ord. of 11-25-1996)

In any residential district, one principal building and related accessory structures, but no other use, may be erected on any vacant nonconforming lot of the type described in section 30-120, provided all other bulk and yard regulations of the particular district are observed.

(Code 2009, § 9-7-3; Ord. of 11-25-1996)

In the industrial district and in any commercial district, any structure permitted in the particular district may be erected on any vacant nonconforming lot of the type described in section 30-120 if all other bulk and yard requirements of that district are met.

(Code 2009, § 9-7-4; Ord. of 11-25-1996)

If two or more lots or combinations of lots and portions of lots with continuous frontage were in common ownership on the effective date of the ordinance from which this chapter is derived, and if one or more of those lots does not meet the minimum lot width, depth and area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.

(Code 2009, § 9-7-5; Ord. of 11-25-1996)

(a)

Generally. Any lawful structure which exists on the effective date of the ordinance from which this chapter is derived but which could not be erected under the terms of this chapter because of restrictions on lot size, height, setbacks or other characteristics of the structure or its location on the lot may lawfully remain, subject to the following provisions:

(1)

Relocation. No such structure shall be relocated unless it will conform to all the regulations of the district in which it is relocated.

(2)

Reconstruction. No such structure which is destroyed or damaged by any means shall be reconstructed if the administrator determines that the cost of such reconstruction exceeds 50 percent of the structure's market value at the time of loss, unless, after reconstruction, the structure will conform to all applicable regulations of the district in which it is located. In the event the administrator determines the estimated cost of reconstruction is less than 50 percent of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six months from the date the damage occurred and is diligently prosecuted to completion.

(b)

Cost estimate and market value determined. The administrator may require that the reconstruction cost estimate be made by a bona fide construction contractor and that the structure's market value at the time of loss be determined by a licensed real estate appraiser. The owner of the damaged structure shall be responsible for obtaining these estimates for the administrator.

(Code 2009, § 9-7-6; Ord. of 11-25-1996)

If any lawful use occupying a structure exists on the effective date of the ordinance from which this chapter is derived but would not be allowed under the terms of this chapter, such use may lawfully continue, subject to the following provisions:

(1)

Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.

(2)

Enlargement, alteration, reconstruction, relocation. No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed or relocated unless the use of the structure is changed to a permitted use.

(3)

Extension of use. No nonconforming use may be extended to any part of the structure not intended or designed for such use, nor shall the nonconforming use be extended to occupy any land outside such structure.

(4)

Yard and bulk. A building which is nonconforming with respect to yards, floor area ratio or any other element of bulk regulated by this chapter shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(5)

Change of use. A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.

(6)

Discontinuance of use. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for 12 consecutive months or for 18 months during any three-year period, the nonconforming use shall not thereafter be resumed.

(Code 2009, § 9-7-7; Ord. of 11-25-1996)

Any lawful use of land existing on the effective date of the ordinance from which this chapter is derived that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions:

(1)

Intensification or extension of use. A nonconforming use of land shall not be intensified or extended to occupy a greater area of land than was occupied by such use on the effective date of the ordinance from which this chapter is derived.

(2)

Relocation. No nonconforming use of land shall be moved in whole or in part unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.

(3)

Change of use. A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.

(4)

Discontinuance. When a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not thereafter be resumed. Any subsequent use of such land shall conform to the applicable district regulations.

(Code 2009, § 9-7-8; Ord. of 11-25-1996)