(A)   The following schedule establishes application fees for the various certificates, permits and procedures listed in this chapter, which are intended to defray the administrative costs connected with the processing of such applications, and as such do not constitute a tax or other revenue-raising device.

 

   (B)   Until such fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application.

(Prior Code, § 20-1502) (Ord. 1551, passed 5-18-2009; Ord. 1699, passed 3-17-2014; Ord. 1790, passed 9-18-2017)

   (A)   The primary authority for administration and enforcement of the provisions of this chapter shall be vested in the following:

      (1)   Zoning Administrator;

      (2)   Planning and Zoning Board; and

      (3)   Board of Trustees.

   (B)   In addition to the above, other officials, appointees or employees of the village may be required and authorized to perform functions authorized in this chapter.

(Prior Code, § 20-1503) (Ord. 1699, passed 3-17-2014)

   (A)   General. There is hereby created the position of Zoning Administrator who is hereby authorized and directed to administer and enforce the provisions of this chapter.

(Prior Code, § 20-1504)

   (B)   Appointment and term of office.

      (1)   The Zoning Administrator shall be appointed annually by the President of the Board of Trustees, with the advice and consent of the Board of Trustees.

      (2)   The Zoning Administrator’s term shall commence each May with the first regular meeting of the Board of Trustees, and continue for one year or until his or her successor is appointed and has qualified.

(Prior Code, § 20-1505)

   (C)   Compensation. The Zoning Administrator shall receive a salary or compensation such as is provided by the President and the Board of Trustees.

(Prior Code, § 20-1506)

   (D)   Duties and responsibilities. The Zoning Administrator, or his or her authorized representative, shall administer and enforce the provisions of this chapter. This broad responsibility encompasses, but is not limited to, the following specific duties:

      (1)   To provide information to the general public on matters related to this chapter, assist them in understanding its provisions and assist them in any application process;

      (2)   To review all applications for initial and final certificates of zoning compliance, determine compliance with the provisions of this chapter, notify the applicant of any matters of non-compliance and issue initial and final certificates of zoning compliance when appropriate;

      (3)   To review all applications for certificates of non-conformance and issue such certificates when appropriate;

      (4)   To review the provisions of this chapter and render decisions on matters relative to those provisions;

      (5)   To review and forward to the Planning and Zoning Board, all applications for variation and appeals;

      (6)   To review and forward to the Planning and Zoning Board, all applications for special use permits, amendments to the text and amendments to the official zoning map;

      (7)   To provide technical support to the Planning and Zoning Board;

      (8)   To issue certificates or permits for all variations, special uses, planned businesses and planned unit developments, as approved by the Board of Trustees;

      (9)   To inspect lots, structures and uses to determine compliance with this chapter and, where there are violations, to initiate appropriate corrective action;

      (10)   To maintain up-to-date records of matters related to this chapter including, but not limited to, district maps, certificates of zoning compliance, special use permits, variances, interpretative decisions of the Board of Zoning Appeals, amendments and all applications/documents related to any of these items;

      (11)   To prepare and cause to be published, on or before March 31 of each year, a map showing the existing zoning district classifications and divisions in effect on the preceding December 31, if those classifications have been amended during the preceding calendar year; and

      (12)   To keep the President and Board of Trustees advised of zoning activities by written report presented at the second regular meeting each month, and to perform such other duties as the Board of Trustees may, from time to time, prescribe.

(Prior Code, § 20-1507)

(Ord. 1699, passed 3-17-2014)

   (A)   Whenever any person alleges that a violation of the provisions of this chapter has occurred, that person shall file a written complaint on forms provided by the Zoning Administrator.

(Prior Code, § 20-1508) (Ord. 1699, passed 3-17-2014)

   (A)   General. Whenever the Zoning Administrator finds, by complaint, inspection or otherwise, that any lot, structure or use, or work thereon, is in violation of this chapter, he or she shall so notify the responsible party, and shall order appropriate corrective action.

(Prior Code, § 20-1509)

   (B)   Contents of order. Every order to take corrective action shall be issued in writing and shall at least include:

      (1)   A description of the premises sufficient for identification;

      (2)   A statement indicating the nature of the violation;

      (3)   A statement of the corrective 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 Zoning Administrator if he or she 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; and

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

(Prior Code, § 20-1510)

   (C)   Service of order. 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 upon him or her personally;

      (2)   Sent by certified mail to his or her last known address; or

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

(Prior Code, § 20-1511)

(Ord. 1699, passed 3-17-2014)

   Whenever any work is being done in violation of an initial certificate of zoning compliance, the Zoning Administrator’s corrective action order may state that the violation must cease immediately, in which case, the corrective action order is equivalent to a stop work order.

(Prior Code, § 20-1512) (Ord. 1699, passed 3-17-2014)

   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, he or she may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

(Prior Code, § 20-1513) (Ord. 1699, passed 3-17-2014)

   (A)   General. An initial certificate of zoning compliance is issued by the Zoning Administrator and indicates that he or she has reviewed all plans for a proposed development and found those plans to be in compliance with the provisions of this chapter, thereby authorizing the applicant to proceed with securing all required building permits.

(Prior Code, § 20-1514)

   (B)   Issuance.

      (1)   Upon the effective date of this chapter, no lot shall be created, 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 an initial certificate of zoning compliance has been applied for and issued.

      (2)   The Zoning Administrator shall not issue an initial certificate of zoning compliance, unless, following consultation with technically qualified persons as necessary, he or she determines that the proposed activity conforms to the applicable provisions of this chapter.

(Prior Code, § 20-1515) (Ord. 1699, passed 3-17-2014)

   (C)   Application.

      (1)   Any person seeking an initial certificate of zoning compliance shall file an application for such certificate on forms provided by the Zoning Administrator who shall review such application and determine if the proposed plans conform to the provisions of this chapter.

         (b)   If the Zoning Administrator should find that the plans, as submitted do not conform to the provisions of this chapter, he or she shall promptly notify the applicant of the deficiencies and identify corrections that are necessary in order to bring the plans into compliance.

      (2)   In addition to the required application form, the applicant shall submit the following:

         (a)   A site plan, drawn to scale, showing the proposed ground area, height and bulk of the building or structure, the lot lines and dimensions, the location of building lines to lot lines, the location of any signs, easements, underground utilities, septic tanks, tile fields and water wells; the names and location of adjoining streets; and the location of driveways and off-street parking areas in relation to those streets;

         (b)   A copy of the legal description of the property in question; and

         (c)   Detailed drawings and plans for any and all proposed buildings and structures.

(Prior Code, § 20-1516)

   (D)   Duration of certificate. Initial certificates of zoning compliance shall be valid for one year from the date of issue, or until revoked for failure to abide by a corrective action order. The Zoning Administrator may renew initial certificates of zoning compliance for successive one-year periods upon written request; provided, the applicant is making a good faith effort to complete the authorized work.

(Prior Code, § 20-1517)

   (E)   Relationship to building permits. Upon the effective date of this chapter, no building permit for the erection, enlargement, extension, alteration or reconstruction of any structure shall be issued until the applicant for such permit has properly obtained an initial certificate of zoning compliance pertaining to such work.

(Prior Code, § 20-1518)

(Ord. 1699, passed 3-17-2014)

   (A)   A final certificate of zoning compliance is issued by the Zoning Administrator and indicates that he or she has reviewed the actual construction of a proposed development and found that construction to be in compliance with plans submitted at the time of application and, therefore, in compliance with the provisions of this chapter.

(Prior Code, § 20-1519)

   (B)   (1)   No lot, or part thereof, recorded or developed after the effective date of this chapter, and no structure or use, or part thereof, that has been erected, enlarged, altered, relocated or reconstructed after the effective date of this chapter, shall be used, occupied or put into operation until a final certificate of zoning compliance has been issued.

      (2)   The Zoning Administrator shall not issue a final certificate of zoning compliance until it has been determined, by inspection, that the work authorized by the initial certificate of zoning compliance has been completed in accordance with approved plans. Failure to obtain a final certificate of zoning compliance shall constitute a separate violation of this chapter.

(Prior Code, § 20-1520)

(Ord. 1699, passed 3-17-2014)

   (A)   General. A certificate of non-conformance is issued by the Zoning Administrator and indicates that he or she has reviewed a specific building, structure, lot or use, at the request of the applicant, and has determined that the building, structure, lot or use lawfully existed prior to the effective date of this chapter, and though not in conformance with all provisions of this chapter, shall be allowed to remain within the provisions of §§ 154.095 through 154.101 of this chapter.

(Prior Code, § 20-1521)

   (B)   Issuance. The Zoning Administrator shall not issue a certificate of non-conformance, unless, following consultation with technically qualified persons as necessary, he or she determines that the building, structure, lot or use lawfully existed prior to changes in the zoning regulations which created the non-conformity.

(Prior Code, § 20-1522)

   (C)   Application.

      (1)   Any person seeking a certificate of non-conformance shall file an application for such certificate on forms provided by the Zoning Administrator who shall review such application and determine if the building, structure, lot or use lawfully existed prior to changes in the zoning regulations, which created the non-conformity.

         (a)   If the Zoning Administrator finds that the building, structure, lot or use lawfully existed prior to changes in the zoning regulations, which created the non-conformity, he or she shall issue a certificate of non-conformance, thereby authorizing the building, structure, lot or use to continue within the provisions of §§ 154.095 through 154.101 of this chapter.

      (2)   In addition to the required application form, the applicant shall submit the following:

         (a)   A site plan, drawn to scale, showing the actual ground area, height and bulk of all buildings and structures, the lot lines and dimensions, the location of building lines to lot lines, the location of any signs, easements, underground utilities, septic tanks, till fields and water wells; the names and locations of adjoining streets; and the location of driveways and off-street parking areas in relation to those streets;

         (b)   A copy of the legal description of the property in question; and

         (c)   Detailed documentation, which supports the claim of lawful existence prior to changes in the zoning regulations, which created the non-conformity.

(Prior Code, § 20-1523)

   (D)   Duration of certificate. Certificates of non-conformance shall be valid from the date of issue; provided that, no amendment to the provisions of this chapter occurs which would invalidate such certificate; and, provided that, no alteration to the building, structure, lot or use occurs which would invalidate the information originally submitted on the application for certificate of non-conformance.

(Prior Code, § 20-1524)

(Ord. 1699, passed 3-17-2014)

   (A)   General. A certificate of sign compliance is issued by the Zoning Administrator and indicates that he or she has reviewed all plans for a proposed sign and found those plans to be in compliance with the provisions of this chapter, thereby authorizing the applicant to proceed with securing any required building permits and with sign installation.

(Prior Code, § 20-1525)

   (B)   Issuance.

      (1)   Upon the effective date of this chapter, no sign shall be installed, erected, enlarged, extended, altered, relocated or reconstructed, until a certificate of sign compliance has been applied for and issued.

      (2)   The Zoning Administrator shall not issue a certificate of sign compliance, unless, following consultation with technically qualified persons as necessary, he or she determines that the proposed activity conforms to the applicable provisions of this chapter.

(Prior Code, § 20-1526)

   (C)   Application.

      (1)   Any person seeking a certificate of sign compliance shall file an application for such certificate on forms provided by the Zoning Administrator who shall review such application and determine if the proposed plans conform to the provisions of this chapter.

         (a)   If the Zoning Administrator finds that the plans, as submitted, comply with all provisions of this chapter, he or she shall issue a certificate of sign compliance, thereby authorizing the applicant to proceed with securing any required building permits and with sign installation.

         (b)   If the Zoning Administrator should find that the plans, as submitted do not conform to the provisions of this chapter, he or she shall promptly notify the applicant of the deficiencies and identify corrections that are necessary in order to bring the plans into compliance.

      (2)   In addition to the required application form, the applicant shall submit, if not previously submitted, the following:

         (a)   A site plan, drawn to scale, showing the proposed ground area, height and bulk of all signs, the lot lines and dimensions, the location of building lines to lot lines, the location of any easements, underground utilities, septic tanks, tile fields and water wells, the names and locations of adjoining streets; and the location of accessways and off-street parking areas in relation to those streets;

         (b)   A copy of the legal description of the property in question; and

         (c)   Detailed drawings and plans for all proposed signs.

(Prior Code, § 20-1527)

   (D)   Duration of certificate. Certificates of sign compliance shall be valid for one year from the date of issue, or until revoked for failure to abide by a corrective action order.

(Prior Code, § 20-1528)

(Ord. 1699, passed 3-17-2014)

   (A)   General.

      (1)   The Planning and Zoning Board shall hear and decide appeals from any order, requirement or determination made by the Planning and Zoning Administrator or other administrative official.

      (3)   Every appeal shall be filed by the applicant with specifics of the action complained of, within 45 days.

(Prior Code, § 20-1529)

   (B)   Hearing.

      (1)   The Planning and Zoning Board shall promptly schedule a public hearing following notice of the appeal and shall, thereafter, give notice of said hearing to the parties involved, including the applicant and the Planning and Zoning Administrator.

      (2)   Notice of the time and place for said hearing shall be published at least once in a newspaper of general circulation in the village, not more than 30 days, nor less than 15 days, before said hearing.

(Prior Code, § 20-1530)

   (C)   Decisions.

      (1)   (a)   The Planning and Zoning Board shall render a written decision on the appeal within a reasonable time, but in no event shall that decision be rendered more than 90 days after the filing of the notice of appeal by the Clerk.

         (b)   Any member of the Planning and Zoning Board who was absent from the public hearing, but certifies that he or she has read the transcript of the proceedings before the Board, may vote upon any question before the Board.

      (2)   The Board shall promptly forward a copy of the decision to the applicant, Planning and Zoning Administrator and Village Clerk.

      (3)   The Board may affirm, or may, upon the concurring vote of five members, reverse, wholly or in part, or modify the decision of the Planning and Zoning Administrator, as, in its opinion, ought to be done and, to that end, shall have the powers of the Planning and Zoning Administrator.

      (4)   All decisions rendered by the Planning and Zoning Board on any administrative order, requirement, decision or determination of the Planning and Zoning Administrator shall, in all instances, be final administrative determinations, and shall be subject to judicial review only in accordance with applicable law.

(Prior Code, § 20-1531) (Ord. 1699, passed 3-17-2014)

   (D)   Stay of proceedings.

      (1)   An appeal shall stay all proceedings in furtherance of the decision appealed, unless the Planning and Zoning Administrator certifies to the Planning and Zoning Board, after the notice of the appeal has been filed with him or her, that by reason of the facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property.

      (2)   In such a case, the proceedings shall not be stayed, unless by a restraining order, which may be granted by the Board of Trustees or by a court of record on application, on notice to the Planning and Zoning Administrator, and on due cause shown.

(Prior Code, § 20-1532)

(Ord. 1699, passed 3-17-2014)

   (A)   General. In specific cases, where practical difficulties or a particular hardship would be incurred by the strict applications of the provisions of this chapter, the Planning and Zoning Board, after conducting a public hearing, may recommend to the Board of Trustees that a variation of the regulations of this chapter be granted in accordance with this section.

(Prior Code, § 20-1533)

   (B)   Authority to recommend variation. The Planning and Zoning Board shall have the authority to recommend variation to the provisions of this chapter only in accordance with the standards outlined in division (C) below, and only in instances as set out in divisions (B)(1), (B)(2), (B)(3), (B)(4), (B)(5) and (B)(7) below:

      (1)   To permit any minimum setback less than that required by the applicable regulations;

      (2)   To permit the same off-street parking facility to qualify for two or more uses; provided that, substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

      (3)   To reduce the required off-street parking or loading facilities by not more than one parking or loading space, or 25% of the required spaces, whichever is greater;

      (4)   To increase, by not more than 25%, the maximum distance that required parking spaces are permitted to be located from the use served;

         (a)   Relative to the maximum height above-grade or the minimum height above-grade;

         (b)   Relative to the minimum setback requirements; or

         (c)   Relative to the maximum projection.

      (6)   To permit a variation of the regulations as listed in § 152.04 of this code of ordinances; or

      (7)   In a re-subdivision, to reduce the minimum lot dimension by no more than 5% in any dimension of any lot in a single-family residential district platted prior to 1-1-1980.

(Prior Code, § 20-1534)

   (C)   Standards for issuance. The Planning and Zoning Board shall not make a recommendation to the Board of Trustees to vary any regulation to this chapter unless, in each specific case, the Planning and Zoning has found that:

      (1)   The proposed variation is in harmony with the general purposes and intent of this chapter;

      (2)   Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a practical difficulty or particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

      (3)   The conditions upon which the application for a variation are based are unique to the property for which the variation is sought, and are not generally applicable to other property within the same zoning classification;

      (4)   The property in question cannot yield a reasonable return if permitted to be used under the conditions allowed by the regulations of the zoning classification; provided, however, that, the variation is not based exclusively upon a desire to increase financial gain;

      (5)   The alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the property;

      (6)   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; and

      (7)   The proposed variation will not:

         (a)   Impair an adequate supply of light and air to the adjacent property;

         (b)   Substantially increase the congestion of public streets;

         (c)   Increase the danger of fire;

         (d)   Endanger the public safety; or

         (e)   Impair property values within the neighborhood.

(Prior Code, § 20-1535)

   (D)   Application.

      (1)   Every application for a variation shall be filed on forms provided by the Planning and Zoning Administrator, who shall review said application and initiate a permanent record thereof.

      (2)   In addition to the required application form, the Planning and Zoning Administrator shall require the applicant to submit the following:

         (a)   A site plan, drawn to scale, showing the actual ground area, height and bulk of all existing and proposed buildings and structures, the lot lines and dimensions, the location of building lines to lot lines, the location of any signs, easements, underground utilities, septic tanks, tile fields and water wells; the names and locations of adjoining streets; and the location of driveways and off-street parking areas in relation to those streets; and

         (b)   Any and all documentation, which supports the claim of practical difficulty or specific hardship.

      (3)   The Planning and Zoning Administrator shall promptly forward copies of the application form and all attachments and relative documentation to the Chairperson and members of the Planning and Zoning Board.

      (4)   The Planning and Zoning Administrator shall also file every application for variation with the County Soil and Water Conservation District, as per state law.

(Prior Code, § 20-1536)

   (E)   Hearing.

      (1)   The Planning and Zoning Board shall schedule and hold a public hearing within 60 days after the application for variation is filed.

      (2)   Notice indicating the time, date and place of the hearing, and the nature of the proposed variation, shall be given not more than 30, nor less than 15, days before said hearing:

         (a)   By first class mail to the applicant; and

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

         (b)   Every applicant shall have the right to present witnesses on his, her or their behalf and to request that the Chairperson subpoena persons to appear.

(Prior Code, § 20-1537)

   (F)   Findings of fact, recommendation.

      (1)   The Planning and Zoning Board may recommend approval or denial of the application for variation, upon the concurring vote of five members.

      (2)   The Planning and Zoning Board shall submit such recommendation in writing to the Board of Trustees within a reasonable time, but in no event shall that recommendation be submitted more than 30 days after the public hearing on the application for variation.

      (3)   The recommendation so submitted shall be accompanied by findings of fact specifying the reason or reasons for the recommendation, and referring to any exhibits containing plans and specifications for the proposed variation, copies of which shall remain a part of the permanent record of the Planning and Zoning Board.

      (4)   The terms of relief, if any, shall be contained within the recommendation, but clearly set forth in a conclusion or a statement separate from the Planning and Zoning Board’s findings.

(Prior Code, § 20-1538)

   (G)   Action by the Board of Trustees.

      (1)   The Board of Trustees shall not act upon a proposed variation to this chapter until it has received and reviewed a written recommendation and findings of fact of the Planning and Zoning Board.

      (2)   The Board of Trustees may grant or deny any variation for which an application has been submitted, and on which a public hearing has been held, regardless of the recommendation from the Planning and Zoning Board; provided, however, that, any variation which fails to receive the approval of the Planning and Zoning Board shall not be passed, except by the favorable vote of at least two-thirds of the members of the Board of Trustees.

      (3)   The Board of Trustees, having voted to grant any variation, shall adopt said variation in ordinance form, at its next regularly scheduled meeting.

      (4)   If an application for a proposed variation is not acted upon finally by the Board of Trustees within 90 days of the date the Board of Trustees received the Planning and Zoning Board’s recommendation, and such time is not extended by mutual consent of the Board of Trustees and the applicant, the variation shall be deemed to have been denied.

(Prior Code, § 20-1539)

   (H)   Effect of denial. No application for a variation which has been denied by the Board of Trustees shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof that conditions then exist which did not exist prior to the submission of the application and which are found to be valid by the Board of Trustees.

(Prior Code, § 20-1540)

   (I)   Duration of variation. Any ordinance varying the provisions of this chapter shall be invalid one year from the date of its passage and approval by the Board of Trustees, unless the variation, as permitted, has been substantially implemented by the applicant.

(Prior Code, § 20-1541)

(Ord. 1409, passed 4-18-2005; Ord. 1660, passed 9-4-2012; Ord. 1663, passed 10-1-2012; Ord. 1699, passed 3-17-2014)

      (1)   Uses publicly operated or traditionally affected with public interest;

      (2)   Uses entirely private in character, but of such an unusual nature that their operation may give to unique problems with respect to their impact upon neighboring property, public facilities or the village as a whole; and

      (3)   Uses, either public or private, that, because of past or present conditions, need special consideration.

(Prior Code, § 20-1542)

      (1)   The Planning and Zoning Board shall have the authority to recommend granting of a special use permit only in accordance with the standards outlined in § 154.212(C) of this chapter.

      (2)   A special use permit shall authorize only such uses as are listed on the permit and only under the conditions of this chapter and any other conditions that may be made part of said permit.

(Prior Code, § 20-1543)

      (1)   The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public’s health, safety, morals, comfort or general welfare;

      (2)   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

      (3)   The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

      (4)   Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;

      (5)   Adequate measures have been or will be taken to provide ingress and egress so designated as to minimize traffic congestion in the public streets;

      (6)   Adequate measures have been taken or will be taken to protect any facilities near the proposed special use, such as a school or nursing homes, that may require special protection.

      (7)   The special use shall in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Trustees pursuant to the recommendation of the Planning and Zoning Board.

(Prior Code, § 20-1544)

      (1)   Every application for a special use shall be filed on forms provided by the Planning and Zoning Administrator, who shall review said application and initiate a permanent record thereof.

      (2)   In addition to the required application form, the Planning and Zoning Administrator shall require the applicant to submit the following: a site plan, drawn to scale, showing the actual ground area, height and bulk of all existing and proposed buildings and structures, the lot lines and dimensions, the location of building lines to lot lines, the location of any signs, easements, underground utilities, septic tanks, tile fields and water wells; the names and locations of adjoining streets; and the location of driveways and off-street parking areas in relation to those streets.

      (3)   The Planning and Zoning Administrator shall promptly forward copies of the application form and all attachments and relative documentation to the Chairperson and members of the Planning and Zoning Board.

(Prior Code, § 20-1545)

      (1)   The Planning and Zoning Board shall schedule and hold a public hearing within 60 days after the application for special use permit is filed.

      (2)   Notice indicating 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 said hearing:

         (a)   By first class mail to the applicant; and

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

      (3)   (a)   Any interested party, at any such hearing, may appear and testify either in person or by a duly-authorized agent or attorney.

         (b)   Every applicant shall have the right to present witnesses on his, her or their behalf and to request that the Chairperson subpoena persons to appear.

(Prior Code, § 20-1546)

      (1)   The Planning and Zoning Board may recommend approval or denial of the application for special use permit, upon the concurring vote of five members.

      (2)   The Planning and Zoning Board shall submit such recommendation, including the reason or reasons for the recommendation, in writing to the Board of Trustees within a reasonable time, but in no event shall that recommendation be submitted more than 30 days after the public hearing on the application for special use permit.

      (3)   The recommendation so submitted shall be accompanied by findings of fact referring to any exhibits containing plans and specifications for the proposed special use, copies of which shall remain a part of the permanent record of the Planning and Zoning Board, and specifying the following:

         (a)   The extent to which the proposed special use departs from the zoning and subdivision regulations of the village;

         (b)   The conformance or non-conformance of the proposed special use with the standards for issuance listed under § 154.212(C) of this chapter;

         (c)   The relationship and the compatibility of the proposed special use to adjacent properties and neighborhoods; and

         (d)   The effect of the proposed special use on the development pattern, tax base and economic well being of the village.

      (4)   (a)   Special conditions, if any, shall be contained within the recommendation, but clearly set forth in a conclusion or a statement separate from the Planning and Zoning Board’s findings.

         (b)   In recommending that a special use permit be granted, the Planning and Zoning Board shall stipulate if the permit is transferable to successive owners of the property in question, or if the permit is not transferable to any other person or any other property.

(Prior Code, § 20-1547)

      (1)   The Board of Trustees shall not act upon a proposed special use permit application until it has received and reviewed a written recommendation and findings of fact from the Planning and Zoning Board.

      (2)   The Board of Trustees may grant or deny any special use permit for which an application has been submitted, and on which a public hearing has been held, regardless of the recommendation from the Planning and Zoning Board.

      (3)   The Board of Trustees, having voted to grant any special use permit, shall adopt said permit in ordinance form, at its next regularly scheduled meeting.

      (4)   If an application for a proposed special use is not acted upon finally by the Board of Trustees within 90 days of the date the Board of Trustees received the Planning and Zoning Board’s recommendation, and such time is not extended by mutual consent of the Board of Trustees and the applicant, the special use shall be deemed to have been denied.

(Prior Code, § 20-1548)

(Prior Code, § 20-1549)

      (1)   Any ordinance granting a special use permit shall be invalid one year from the date of its passage and approval by the Board of Trustees, unless the special use, as permitted, has been substantially implemented by the applicant.

      (2)   The Board of Trustees shall require any special use permit which is issued, to stipulate the conditions of its duration if the property is sold to another person.

(Prior Code, § 20-1550)

(Ord. 1699, passed 3-17-2014)

   (A)   General. The regulations established by this chapter may be amended from time to time by the Board of Trustees through the enactment of an amending ordinance; provided, however, that, the Planning and Zoning Board shall first conduct a public hearing to consider such amendment and, thereafter, submit its recommendation and findings of fact to the Board of Trustees.

(Prior Code, § 20-1551)

   (B)   Initiation. Amendments to the text may be proposed by the Board of Trustees, the Planning and Zoning Administrator, the Planning and Zoning Board or any other party in interest.

(Prior Code, § 20-1552)

   (C)   Standards for amendment to the text. The Planning and Zoning Board shall not make a recommendation to the Board of Trustees to grant any amendment to the text unless, in each specific case, the Planning and Zoning Board has found that:

      (1)   The proposed amendment is in harmony with the general purposes and intent of this chapter; and

      (2)   The granting of the amendment will not be detrimental to the public welfare or injurious to other property or improvements in the village.

(Prior Code, § 20-1553)

   (D)   Application.

      (1)   Every application for an amendment to the text shall be filed on forms provided by the Planning and Zoning Administrator, who shall review said application and initiate a permanent record thereof.

      (2)   The Zoning Administrator shall promptly forward copies of the application form and all attachments and relative documentation to the Chairperson and members of the Planning and Zoning Board.

(Prior Code, § 20-1554)

      (1)   The Planning and Zoning Board shall schedule and hold a public hearing within 60 days after the application for amendment of the text is filed.

      (2)   Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment, shall be given not more than 30, nor less than 15, days before said hearing:

         (a)   By publication in a newspaper of general circulation within the village; and

         (b)   By first class mail to the applicant and the owners of those properties adjacent to the proposed amendment and rezoning.

      (3)   (a)   Any interested party, at any such hearing, may appear and testify either in person or by a duly-authorized agent or attorney.

         (b)   Every applicant shall have the right to present witnesses on his, her or their behalf and to request that the Chairperson subpoena persons to appear.

      (4)   Any school district within which the property in question, or any part of the property in question, is located, shall have the right to appear and present evidence at such hearings.

(Prior Code, § 20-1555)

   (F)   Findings of fact, recommendation.

      (1)   The Planning and Zoning Board may recommend approval or denial of the proposed amendment to the text, upon the concurring vote of five members.

      (2)   The Planning and Zoning Board shall submit such recommendation, including the reason or reasons for the recommendation, in writing to the Board of Trustees within a reasonable time, but in no event shall that recommendation be submitted more than 30 days after the public hearing on the application for amendment.

      (3)   The recommendation so submitted, shall be accompanied by findings of fact, copies of which shall remain a part of the permanent record of the Planning and Zoning Board.

(Prior Code, § 20-1556)

   (G)   Action by the Board of Trustees.

      (1)   The Board of Trustees shall not act upon a proposed amendment to the text until it has received and reviewed a written recommendation and findings of fact from the Planning and Zoning Board.

      (2)   (a)   The Board of Trustees may grant or deny any proposed amendment to the text for which an application has been submitted, and on which a public hearing has been held, regardless of the recommendation from the Planning and Zoning Board; provided, however, that, when a written protest against any proposed amendment to the text is filed with the Village Clerk, and signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, the amendment shall not be enacted, except by a favorable vote of two-thirds of the Board of Trustees.

         (b)   In such cases, a copy of the written protest shall be served by the protestor or protestors, on the applicant for the proposed amendment, and a copy upon the applicant’s attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

      (3)   The Board of Trustees, having voted to grant any amendment, shall adopt said amendment in ordinance form, at its next regularly scheduled meeting.

      (4)   If an application for an amendment to the text is not acted upon finally by the Board of Trustees within 90 days of the date the Board of Trustees received the Planning and Zoning Board’s recommendation, and such time is not extended by mutual consent of the Board of Trustees and the applicant, the amendment shall be deemed to have been denied.

(Prior Code, § 20-1557)

(Ord. 1409, passed 4-18-2005; Ord. 1663, passed 10-1-2012; Ord. 1699, passed 3-17-2014)

   (A)   General. The zoning districts established by this chapter, and depicted on the official zoning map of the village may be amended, or rezoned, from time to time by the Board of Trustees through the enactment of an amending ordinance; provided, however, that, the Planning and Zoning Board shall first conduct a public hearing to consider such amendment and, thereafter, submit its recommendation and findings of fact to the Board of Trustees.

(Prior Code, § 20-1558)

   (B)   Initiation. Amendments to the map may be proposed by the Board of Trustees, the Planning and Zoning Administrator, the Planning and Zoning Board and by any other person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for amendment to the map.

(Prior Code, § 20-1559)

   (C)   Standards for amendment to the map. The Planning and Zoning Board shall not make a recommendation to the Board of Trustees to grant any amendment to the map unless, in each specific case, the Planning and Zoning Board has found that:

      (1)   The proposed amendment is in harmony with the general purposes and intent of this chapter;

      (2)   The proposed amendment is in the public interest and is not solely for the interest of the applicant;

      (3)   The conditions upon which the application for an amendment is based are generally applicable to other property within the same zoning classification, and are not unique to a specific property; and

      (4)   The granting of the amendment will not be detrimental to the public welfare or injurious to other property or improvements in the village.

(Prior Code, § 20-1560)

   (D)   Application.

      (1)   Every application for an amendment to the map shall be filed on forms provided by the Planning and Zoning Administrator, who shall review said application and initiate a permanent record thereof.

      (2)   In addition to the required application form, the Planning and Zoning Administrator shall require the applicant to submit the following: a site plan, drawn to scale, showing the actual ground area, height and bulk of all existing and proposed buildings and structures, the lot lines and dimensions, the location of building lines to lot lines, the location of any signs, easements, underground utilities, septic tanks, tile fields and water wells; the names and locations of adjoining streets; and the location of driveways and off-street parking areas in relation to those streets.

      (3)   The Planning and Zoning Administrator shall promptly forward copies of the application form and all attachments and relative documentation to the Chairperson and members of the Planning and Zoning Board.

      (4)   The Planning and Zoning Administrator shall also file every application for amendment to the map with the County Soil and Water Conservation District, as per state law.

(Prior Code, § 20-1561)

   (E)   Hearing.

      (1)   The Planning and Zoning Board shall schedule and hold a public hearing within 60 days after the application for amendment to the text is filed.

      (2)   Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment, shall be given not more than 30, nor less than 15, days before said hearing:

         (a)   By publication in a newspaper of general circulation within the village; and

         (b)   By first class mail to the applicant, the owners of those properties adjacent to the proposed amendment and rezoning.

      (3)   Any interested party, at any such hearing, may appear and testify either in person or by a duly-authorized agent or attorney. Every applicant shall have the right to present witnesses on his, her or their behalf and to request that the Chairperson subpoena persons to appear.

      (4)   Any school district within which the property in question, or any part of the property in question, is located, shall have the right to appear and present evidence at such hearings.

(Prior Code, § 20-1562)

   (F)   Findings of fact, recommendation.

      (1)   The Planning and Zoning Board may recommend approval or denial of the proposed amendment to the text, upon the concurring vote of five members.

      (2)   The Planning and Zoning Board shall submit such recommendation, including the reason or reasons for the recommendation, in writing to the Board of Trustees within a reasonable time, but in no event shall that recommendation be submitted more than 30 days after the public hearing on the application for amendment.

      (3)   The recommendation so submitted shall be accompanied by findings of fact referring to any exhibits containing plans and specifications for the proposed amendment, copies of which shall remain a part of the permanent record of the Planning and Zoning Board, and specifying the following:

         (a)   The existing uses of property within the general area of the property in question;

         (b)   The zoning classification of the property within the general area of the property in question;

         (c)   The suitability of the property in question for the uses permitted under the existing zoning classification;

         (e)   The conformance or non-conformance of the proposed amendment with the standards for amendment listed under division (C) above, and the officially adopted plans of the village.

      (4)   The Planning and Zoning Board may also recommend the enactment of an amendment changing the zoning classification of the property in question to a classification other than that requested by the applicant within 90 days of the date the Board of Trustees received the Planning and Zoning Board recommendation, and such time is not extended by mutual consent of the Board of Trustees and the applicant, the amendment shall be deemed to have been denied.

(Prior Code, § 20-1563)

   (G)   Action by the Board of Trustees.

      (1)   The Board of Trustees shall not act upon a proposed amendment to the map until it has received and reviewed a written recommendation and findings of fact from the Planning and Zoning Board.

      (2)   (a)   The Board of Trustees may grant or deny any proposed amendment to the map for which an application has been submitted, and on which a public hearing has been held, regardless of the recommendation from the Planning and Zoning Board; provided, however, that, when a written protest against any proposed amendment to the text is filed with the Village Clerk, and signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, the amendment shall not be enacted, except by a favorable vote of two-thirds of the Board of Trustees.

         (b)   In such cases, a copy of the written protest shall be served by the protestor or protestors, on the applicant for the proposed amendment, and a copy upon the applicant’s attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

      (3)   The Board of Trustees, having voted to grant any amendment, shall adopt said amendment in ordinance form at its next regularly scheduled meeting.

      (4)   If an application for an amendment to the map is not acted upon finally by the Board of Trustees within 90 days of the date the Board of Trustees received the Planning and Zoning Board’s recommendation, and such time is not extended by mutual consent of the Board of Trustees and the applicant, the amendment to the text shall be deemed to have been denied.

(Prior Code, § 20-1564)

   (H)   Effect of denial. No application for an amendment to the map which has been denied by the Board of Trustees shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof that conditions then exist which did not exist prior to the submission of the application and which are found to be valid by the Board of Trustees.

(Prior Code, § 20-1565)

   (I)   Duration of rezoning. In any case where the boundary lines of the official zoning map of the village have been amended, and no development has occurred on the property in the two years following enactment of the amending ordinance, the Planning and Zoning Board may hold a public hearing, after proper notice has been given, and recommend to the Board of Trustees that such zoning be affirmed, or repealed and rezoned to its most appropriate district classification.

(Prior Code, § 20-1566)

(Ord. 1699, passed 3-17-2014)

   (A)   (1)   Any person who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any provisions of this chapter shall be subject to a fine of not less than $20, nor more than $750, plus costs, for each offense.

      (2)   Each day that a violation continues after notification is given thereof shall be considered a separate offense.

      (3)   Notification shall be by regular mail from the village to the last known mailing address of the violator.

      (4)   Nothing contained in this division (A) shall prevent the village from taking any other lawful action that may be necessary to secure compliance with this chapter.

(Prior Code, § 20-1501)

   (B)   (1)   A person who violates §§ 154.170 through 154.189 of this chapter shall be subject to a fine not to exceed $750.

      (2)   Each day the violation is committed, or permitted to continue, shall constitute a separate offense and shall be fined as such.

      (3)   A person who violates §§ 154.170 through 154.189 of this chapter is subject to a suit for injunction.

(Prior Code, § 20-1621)

(Ord. 1494, passed 8-7-2007; Ord. 1699, passed 3-17-2014)