(a)

The village board hereby designates the building inspector as the official to receive, process, and following approval by the village board, issue zoning permits.

(b)

Cases when a zoning permit is required:

(1)

Before any building or other structure which is the principal permitted use is erected, moved or structurally altered so as to change its use or increase its floor area.

(2)

Before any land use is substantially altered.

(3)

Before any building or structure is erected or substantially altered which would be a conditional use or require a variance regardless of whether principal or accessory use.

(4)

Before building an accessory structure, even though not intended for human occupancy.

(c)

The permit application shall be made to the building inspector on forms provided by the village. Applications shall be submitted in duplicate. The application shall include the following information:

(1)

Names and addresses of the contractor.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following; subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.

(4)

Proposed sewage disposal plan. If village sewerage service is not available, this plan shall be reviewed by the village engineer who shall certify in writing that satisfactory, adequate and safe sewage disposal is possible on the site as proposed by the plan in accordance with applicable local, county and state health regulations.

(5)

Proposed water supply plan if village water service is not available. This plan shall be reviewed by the village engineer who shall certify in writing that an adequate and safe supply of water will be provided.

(6)

Additional information as may be required by the village board, plan commission, village engineer, and building, plumbing or health inspectors, including all information required for site plan approval under section 62-736.

(7)

Fee receipt from the building inspector in the amount as provided in the village fee schedule, on file in the clerk-treasurer's office.

(d)

The building inspector shall review the application and, if the application is complete and contains all required information, shall refer it to the village board.

(e)

Upon referral of the application, the village board shall schedule a public hearing thereon as soon as practical and the village board shall notice the hearing as deemed appropriate.

(f)

Hearing.

(1)

Following a public hearing, necessary study and investigation, and consideration by and recommendation from the plan commission, the village board shall render its decision in writing and a copy made a permanent part of the village board's minutes. Such decision shall include an accurate description of the zoning use permitted, of the property on which permitted, and any and all conditions made applicable thereto, or if disapproved, shall indicate the reasons for disapproval. The village board may impose any conditions or exemptions necessary to minimize any burden on any persons affected by granting the special use permit.

(2)

A zoning permit shall be granted or denied in writing by the village board within 30 days or within 60 days of the date when site plan approval or a conditional use permit is required. The permit shall expire within six months unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(g)

When a zoning permit does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare the special grant may be terminated by action of the village board following a public hearing thereon.

(h)

Subsequent change or addition to the approved plans or use shall first be submitted for approval to the village board and if in the opinion of the village board such change or addition constitutes a substantial alteration, a public hearing before the village board shall be required and notice thereof be given.

(Code 1986, § 10-1-160)

(a)

Site plan approval. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in the A-1 agricultural and residential, R-1 residential or the C-1 conservancy districts, shall require site plan approval by the plan commission and village board in accordance with the requirements of this section.

(b)

Application. An application for any such zoning permit shall be submitted to the building inspector in duplicate. The applicant shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operation to enable the plan commission and village board or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter. The site plan shall contain at least the following information:

(1)

Total area in the development project.

(2)

Location, shape, area, and dimension of the lot, lots or acreage to be used.

(3)

Present zoning of the subject property and adjacent property.

(4)

All public and private rights-of-way and easement lines located on and adjacent to the subject property that are proposed to be continued, created, relocated, or abandoned.

(5)

Location and total number of curb cuts, driveways, off-street parking spaces and loading spaces.

(6)

Proposed exterior building dimensions (horizontal and vertical), grass, floor area, number of floors and proposed uses.

(7)

Location and dimensions of all existing and proposed structures, walks, malls, open areas, walls, fences, screen plantings or other landscaping.

(8)

Existing and proposed sewer, water and other utility lines plus location and type of sewage treatment facility and water source.

(9)

Required setbacks of zoning district.

(10)

Area of subject property to be covered by buildings.

(11)

Location, size, height, and orientation of all signs.

(12)

Development plans for residential projects (multiple-family developments and mobile home parks) shall include the following information:

a.

Minimum floor area of dwelling units.

b.

Total number of units proposed.

c.

Number of bedrooms per unit in multiple-family developments.

d.

Area to be used for open space and recreation.

(13)

Such other information regarding the development area that may be required to determine conformance with this chapter.

(c)

Administration. The building inspector shall make a preliminary review of the application and plans, and refer them, along with a report of his findings, to the village board within ten days. The village board shall review the application and may refer the application and plans to one or more expert consultants selected by the village board to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 45 days of its receipt of the application, and after review and recommendation from the plan commission, the village board shall authorize the building inspector to issue or refuse a zoning permit. The building inspector shall then act on the permit within five days, in accordance with the recommendation of the village board.

(d)

Requirements. In acting on any site plan, the village board and plan commission shall consider the following:

(1)

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

(2)

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading; and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

(3)

The adequacy of the proposed water supply, drainage facilities, and sanitary and waste disposal.

(4)

The landscaping and appearance of the completed site. The village board may require that those portions of all front, rear and side yards not used for off street parking shall be attractively planted with trees, shrubs, plants or grass lawns, and that the site be effectively screened so as not to impair the intent or purpose of this section.

(e)

Effect on municipal services. Before granting any site approval, the village board may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the village engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the village board shall not issue final approval until it has entered into an agreement with the applicant regarding the development of such facilities.

(f)

Fee for site plan approval. A fee as provided in the village fee schedule, on file in the clerk-treasurer's office will be charged for the filing of an application for site plan approval. The applicant will also be required to pay the cost of any consultant's reports which may be required by the village board under subsection (c) of this section.

(Code 1986, § 10-1-161)

This article shall be administered by the building inspector or village board designee and enforced by the village board, who may institute in the name of the village any appropriate actions or proceedings against a violator as provided by the law. The building inspector's duties shall be as follows:

(1)

Receive applications, issue permits and make inspections and maintain records as required by this chapter.

(2)

To administer this chapter with the authority to enter upon any public or private premises at a reasonable time and make an inspection thereof and upon reasonable cause or question of proper compliance, revoke any building permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of this article, such revocation to remain in effect until reinstated by the building inspector, board of appeals or the village board.

(Code 1986, § 10-1-162)

(a)

Authority. Whenever the public necessity, convenience, general welfare or good zoning practice require, the village board may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto.

(b)

Initiation. A change or amendment may be initiated by the village board or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(c)

Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the building inspector or clerk-treasurer, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

(1)

Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 200 feet of the areas proposed to be rezoned.

(2)

Owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.

(3)

Additional information required by the village board or plan commission.

(4)

Fee receipt from the clerk-treasurer or building inspector in the amount as provided in the village fee schedule, on file in the clerk-treasurer's office.

(d)

Hearings.

(1)

The village board shall hold a public hearing upon each recommendation, giving at least ten days' prior notice by publication at least two times during the preceding 30 days, listing the time, place, and the changes or amendments proposed. The village board shall also give at least ten days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment. The village board may delegate the authority to hold and conduct the public hearing to the plan commission. The plan commission shall submit an advisory recommendation to the village board.

(2)

If applicable, prior to the village board hearing, the appropriate joint extraterritorial zoning committee shall hold a public hearing upon each proposed change or amendment within their zoning jurisdiction, giving at least ten days' prior notice by publication at least three times during the preceding 30 days listing the time, place, and the changes or amendments proposed. The joint committee shall mail notice to the clerk of the affected town.

(e)

Board's action. Following such hearing and after careful consideration, the village board shall vote on the passage of the proposed change or amendment.

(f)

Protest. In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full village board membership.

(Code 1986, § 10-1-168)

(a)

Failure to comply with the provisions of this chapter shall be regarded as violation and any person who commits such violation shall be liable to a forfeiture of not less than $25.00 nor more than $2,000.00, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned up to 90 days in the county jail. Each day a violation is continued shall be considered a separate offense. In case of any violation, the village board may institute appropriate action or proceedings to enjoin a violation of this chapter.

(b)

Any person who violates, disobeys, neglects, omits, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall, upon conviction, remove the building, structure or part thereof or discontinue the use thereof which violates the terms of this chapter, within 60 days of such conviction. Upon failure to do so, the village board shall order the removal of such building structure use or part thereof which violates the terms of this article. Such removal may be performed by an agent or by contract arrangement with private persons and the cost of such removal shall become a lien upon the property, collectible as are other taxes.

(Code 1986, § 10-1-169)

(a)

Membership. The zoning board of appeals shall be appointed pursuant to this Code.

(b)

Meetings and rules. All meetings of the village board of appeals shall be held at the call of the chairperson and at such other times as the village board may determine. All hearings conducted by the village board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the village board and shall be public record. The board of appeals shall adopt its own rules of procedure not in conflict with this Code or with the applicable. The presence of four members shall be necessary to constitute a quorum.

(c)

Offices. The village board shall provide suitable offices for the village board of appeals for holding of hearings and the presentation of records, documents, and accounts.

(d)

Appropriations. The village board shall appropriate funds to carry out the duties of the village board of appeals and the village board of appeals shall have the authority to expend, under regular procedure, all sums appropriated to it for the purpose and activities authorized herein.

(e)

Jurisdiction and authority. The board of appeals shall have the jurisdiction and authority as specified in section 2-182.

(Code 1986, § 10-1-163)

(a)

Scope of appeals. Appeals to the village board of appeals may be taken by any person aggrieved or by any officer, department, board or commission of the village, affected by any decision of the building inspector. Such appeal shall be taken within 30 days after the decision or ruling of the building inspector by filing with the building inspector and with the village board a notice of appeal, specifying the grounds therefor. The building inspector shall forthwith transmit to the village board all of the papers constituting the record upon which the action appealed from was taken.

(b)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the village board that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the village board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(Code 1986, § 10-1-164)

The board of appeals shall fix a reasonable time, not more than 30 days from the date of filing, for the hearing of an appeal and shall give due notice thereof to all the parties involved. The board or any of its officers it shall designate shall cause notice of such hearings to be published in the village's newspaper or newspapers. At the hearing, anyone may appear in person or by agent or attorney.

(Code 1986, § 10-1-165)

In addition to the powers enumerated in this Code, the village board of zoning appeals shall have the following powers:

(1)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building inspector.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest, where, owning to practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted. In every case where a variance from the regulations has been granted by the village board of appeals, the minutes of the village board shall affirmatively show that an unnecessary hardship or practical difficulty exists and the records of the village board shall clearly show in what particular or specific respects an unnecessary hardship or practical difficulty has been created.

(3)

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts.

(4)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made. Whenever the village board of appeals permits such a substitution, the use may not be changed without application.

(5)

Unclassified uses. To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district.

(6)

Temporary uses. To hear and grant applications for temporary uses, in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses. The permit shall be temporary, revocable, subject to any condition required by the village board of zoning appeals, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.

(7)

Permits and decisions. The board may reverse, affirm wholly or partly, modify the requirements appealed from, and may issue or direct the issue of a permit. In exercising the preceding powers, the village board may in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination, appealed from, and make such order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue the permit. The concurring vote of four members of the village board shall be necessary to reverse any order, requirement, decision or determination of the building inspector or to decide in favor of the applicant on any matter upon being brought before the village board as required by this chapter. The grounds of every determination shall be stated.

(Code 1986, § 10-1-166)

(a)

Purpose.

(1)

A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this village zoning regulations would cause him undue hardship, or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.

(2)

The board of appeals may authorize upon appeal, in specific cases, such variance from the terms of the zoning ordinances as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the zoning ordinances will result in unnecessary hardship and so that the spirit of the zoning chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area, or permit standards lower than those required by state law. The board of appeals shall apply the standards of section 62-765(4).

(3)

For the purposes of this section, the term "unnecessary hardship" means an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.

(b)

Application for variation. The application for variation shall be filed with the building inspector. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:

(1)

Name and address of applicant and all abutting and opposite property owners of record.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property.

(3)

Address and description of the property.

(4)

Plat of survey prepared by a registered land surveyor or an accurate site plan.

(5)

Additional information required by the village board, village engineer, plan commission, board of zoning appeals, or building inspector.

(6)

Fee receipt from the building inspector in the amount as provided in the village fee schedule, on file in the clerk-treasurer's office.

(c)

Public hearing of application. The board of appeals shall conduct at least one public hearing on the proposed variation. Notice of such hearing shall be given not more than 30 days and not less than ten days before the hearing in one or more of the newspapers in general circulation in the village, and shall give due notice to the parties in interest. At the hearing, the appellant or applicant may appear in person, by agent, or by attorney. The board shall reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, building inspector and village board.

(d)

Action of the board of appeals. For the village board to grant a variance it must find that:

(1)

Denial of variation may result in hardship to the property owner due to physiographical considerations. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that the village zoning regulations should be changed.

(2)

The conditions upon which a petition for a variation is based are unique to the property for which variation is being sought, and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(3)

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

(4)

The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.

(5)

The proposed variation will not undermine the spirit and general and specific purposes of the village zoning regulations.

(e)

Conditions. The board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.

(f)

Expiration. Variances, substitutions or use permits granted by the village board shall expire within six months unless substantial work has commenced pursuant to such grant.

(g)

Review by court of record. Any person aggrieved by any decision of the village board of zoning appeals may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the village board of zoning appeals.

(Code 1986, § 10-1-167)