This article contains the regulations pertaining to the administration and enforcement of the provisions of this chapter.

(Zoning Ord., § 600)

The Administrator shall generally administer and enforce this chapter and in addition thereto and in furtherance of such duties shall:

(1)

Examine and review applications pertaining to the use of land, buildings, or structures as appropriate and examine all building permits for conformity with this chapter.

(2)

Receive, file, and promptly forward for action to the appropriate review body all special use, variation, amendment, and other applications with all pertinent documentation required.

(3)

Conduct or have conducted such inspections as are necessary to determine compliance with the terms of this article.

(4)

Provide and maintain a public information bureau relative to all matters arising out of this article.

(5)

Maintain permanent and current records of all of the above, including maps and amendments to this chapter.

(6)

Issue permits regulating the erection and use of tents for periods not to exceed ten days for specific purposes such as temporary carnivals, charitable uses, charities, circus, fair, art display, rally, athletic competition, or any similar activity not involving the erection of a permanent structure or facility; such uses not being detrimental to the public health, safety, morals, comfort, convenience, or general welfare; provided, however, that said operations are in conformance with all other ordinances of the Village.

(7)

Issue permits to any not-for-profit organization for the installation of a Christmas tree sales lot on a temporary basis within any zoning district, provided that said permit shall be valid for no more than 35 days prior to Christmas day and five days after Christmas day. The permit shall contain such conditions as are necessary for the protection of public health, safety, and traffic, and the Administrator may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. The permit may include the installation of one temporary sign not to exceed 30 square feet in outline area. The location of the sign shall be as approved by the Administrator.

(8)

Perform other duties as established in this article.

(9)

If the chairperson of the Planning and Zoning Commission is acting as Administrator, the chairperson of the Planning and Zoning Commission will not participate in the review of any appeal from an administrative decision made in his capacity as the Administrator.

(Zoning Ord., § 601)

(a)

General. Throughout this article, the term "Commission" shall be construed to mean the Planning and Zoning Commission.

(b)

Creation and membership. A Planning and Zoning Commission is hereby established, as set out in RSMo 89.320. The Planning and Zoning Commission shall consist of not more than 15 nor less than seven members, including the chairperson of the Board of Trustees, if the Board chooses, as a non-voting member and not more than 15 nor less than seven citizens appointed by the chairperson of the Board of Trustees, and approved by the Board. All citizen members of the Commission shall serve without compensation. Each citizen member shall serve for varying periods so that succeeding terms will be staggered respectively, one for one year, two for two years, two for three years, and two for four years. Additional citizen members may be added to any of the above mentioned terms. Any vacancy in membership shall be filled for the unexpired term by appointment as foresaid. The Board of Trustees may remove any citizen member for cause stated in writing and after a public hearing. The Planning and Zoning Commission shall choose its own chairperson, vice-chairperson and secretary to serve one year in those positions. The Planning and Zoning Commission shall be appointed by the Board of Trustees.

(c)

Advisory body. The Commission shall be an advisory body to the Village Board of Trustees and final decisions on appeals, interpretations, and amendments are vested in the Village Board of Trustees.

(d)

Powers and duties. The Commission shall:

(1)

Hear and decide all matters referred to it, or upon which it is required to pass under this chapter.

(2)

Hold public hearings and submit to the Village Board of Trustees a report and recommendations on each application for a special use received in compliance with the provisions of this chapter.

(3)

Hold public hearings and submit to the Village Board of Trustees a report and recommendations on each proposed ordinance for the amendment, supplement, change, or repeal of this chapter as set forth herein.

(e)

Meetings.

(1)

Meetings of the Commission shall be held at the call of the chairperson and at such times as the Commission determines. However, public hearings shall be held no later than 60 days following the date of filing of an application or other matter requiring a public hearing, unless an earlier hearing date is required by this article or other law. Notice of all public hearings shall be given as required by applicable statute or this article. All meetings of the Commission shall be held in compliance with the Open Meetings Act. The Commission shall keep minutes of its proceedings showing the vote of each member on each question, or in the absence or failure to vote, indicating such fact, and shall also keep a record of its hearings and other official action. Findings of fact shall be included in the minutes for each application considered and the reason for recommending, granting, or denying such application shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, and interpretation, decision or determination of the Commission shall be filed immediately in the records of the Administrator and shall be a public record. The Board may adopt its own additional rules and procedures not in conflict with this article or with state statutes.

(2)

In any matter to come before the Commission in which a member of the Commission has any economic or pecuniary interest, whether direct or indirect, the member shall disclose that interest and excuse himself from participation in the consideration of that matter and shall not vote on that matter.

(Zoning Ord., § 602)

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by an officer, department, or employee of the Village or County unless the application for such permit has been examined by the Administrator and has affixed to it a certificate of his office that the proposed building or structure and use thereof complies with all the provisions of this chapter. Any permit, zoning certificate, or certificate of occupancy issued in conflict with the provision of this Code shall be null and void.

(Zoning Ord., § 603)

(a)

Creation and membership. A Board of Adjustment is hereby established, as set out in RSMo 89.080. The Board of Adjustment shall consist of five members who shall be residents of the Village. Members shall be appointed for terms of five years each. Three alternate members may be appointed to serve in the absence of or disqualification of any regular member and each alternate member shall serve for a five-year term. All members and alternates shall be removable for cause by the Board of Trustees upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board of Adjustment shall choose its own chairperson, vice-chairperson, and secretary to serve one year in those positions. The Board of Adjustment shall be appointed by the Board of Trustees. The Board shall adopt rules in accordance with the provisions of this article. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. Such chairperson, or in his 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 question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. All testimonies, objections thereto and rulings thereon, shall be taken down by a reporter employed by the Board for that purpose.

(b)

Appeals. Appeals from action taken by the Administrator shall be taken in the following manner:

(1)

All appeals shall be taken within 60 days of the date of the action which is appealed.

(2)

Appeals from the enforcement and interpretation of this article, signed by the appellant, shall be addressed to the Board of Adjustment and presented to the administrative official. A fee, as determined by the Village Board of Trustees, shall be paid to the Village for each appeal to cover the costs of advertising and administrative costs. The appeal shall contain or be accompanied by such legal descriptions, maps, plans, and other information so as to completely describe the decisions or interpretation being appealed and the reasons for such appeal.

(3)

The Administrator shall transmit to the Board of Adjustment the appeal on all papers constituting the record upon which the action appeal was taken. The chairperson of the Board of Adjustment shall schedule a hearing to be held within 60 days from the filing of the appeal. Public notice of the hearing shall be published in a newspaper of general circulation in the town at least once each week for two successive weeks prior to the hearing. The Administrative Officer shall post a notice on the property involved for a period of one week prior to the hearing.

(4)

An appeal stays all proceedings in the furtherance of the action appealed from unless the Administrative Officer certifies to the Board of Adjustment that by reason of facts in the record stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a Court order.

(c)

Variances. Application for variances to this chapter shall be processed in the following manner:

(1)

An application for a variance from the terms of this chapter signed by the applicant shall be addressed to the Board of Adjustment and presented to the Administrator.

(2)

A fee, as determined by the Village Board of Trustees, shall be paid to the Village for each application to cover the costs of advertising and administrative costs. The application shall contain or be accompanied by such legal descriptions, maps, plans, and other information so as to completely describe the proposed use and existing conditions.

(3)

The Administrator shall review the application and determine that sufficient data is contained to adequately describe the situation to the Board of Adjustment. If the data is not adequate, the Administrative Officer shall return the application to the applicant for additional information. Completed applications shall be forwarded to the Board of Adjustment.

(d)

Decisions. The Board of Adjustment shall approve or deny appeals and variances in the following manner:

(1)

The chairperson of the Board of Adjustment shall schedule a public hearing per the requirements of section 32-176(d).

(2)

The Board of Adjustment shall approve or deny the application for a variance following the public hearing. Before any variance is granted, the Board of Adjustment must find that all of the following criteria are met:

a.

Special circumstances exist which are peculiar to the applicant's land, structure, or building and do not generally apply to the neighboring lands, structures, or buildings in the same district or vicinity.

b.

Strict application of the provisions of this article would deprive the applicant of reasonable use of the land, structure, or building in a manner equivalent to the use permitted to be made by other owners of their neighboring lands, structures, or buildings in the same district.

c.

The special circumstances are not the result of the action of the applicant taken subsequent to the adoption of the ordinance from which this article is derived.

d.

Relief, if approved, will not cause substantial detriment to the public welfare or impair the purposes and intent of this chapter.

(3)

The following rules will be considered by the Board of Adjustment when approving or denying a variance:

a.

Financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardships within the purpose of zoning.

b.

The Board of Adjustment does not possess the power to grant a variance permitting a zone's use of land or building that is not permitted as a principal use or structure, or accessory use or structure in the district involved.

c.

In granting a variance, the Board of Adjustment may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purpose of this chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this chapter.

d.

Unless otherwise specified at the time the variance is granted, the variance applies to the subject property and not to the individual who applied. Consequently, the variance is transferable to any future owner of the subject property, but cannot be transferred by the applicant to a different site.

e.

A variance shall continue for an indefinite period of time unless otherwise specified at the time the variance is granted, except that when a variance has not been used within one year after the date it was granted, the variance shall be canceled by the Administrator and written notices shall be given to the property owner.

(Zoning Ord., § 604)

(a)

Scope of provisions. Any applicant making or submitting an application concerning this article shall make application to the Administrator and pay the appropriate fees.

(b)

Routing. The Administrator shall forward 15 copies of a completed application in each instance to the following within ten working days:

(1)

Variance: to the Board of Adjustment and then to the Village Board of Trustees.

(2)

Special use permit: to the Planning and Zoning Commission then to the Village Board of Trustees.

(3)

Rezoning amendment: to the Planning and Zoning Commission then to the Village Board of Trustees.

(4)

Appeals from a decision of the Administrator: to the Board of Adjustment.

(5)

Other applications: to the Planning and Zoning Commission.

(c)

Advisory report. The Administrator shall submit an advisory report to the Planning and Zoning Commission, Zoning Board of Appeals, and to the Village Board of Trustees concerning each application.

(d)

Hearing date; notice; posting of signs. Upon filing with the Administrator a petition to amend this chapter, special use permit application, variance, appeal, application, or upon initiation of a resolution of intention by the Planning and Zoning Commission, or Village Board of Trustees, a public hearing should be set before the Planning and Zoning Commission or Board of Adjustment within 60 days. The Administrator shall:

(1)

Give a notice of the time, date, and place of said hearing and a brief statement of what the proposed variation consists of shall be published in a newspaper of general circulation within the Village and area in question at least 15 but not more than 30 days prior to the hearing. The notice shall contain the particular location of the real estate for which hearing is requested by legal description and street address, and if no street address, then by locating such real estate with reference to any well-known landmark, highway, road, thoroughfare, or intersection and a brief summary of explanation of the subject matter of the hearing. Said notice shall be sent by first-class mail at least 15 days before the hearing is scheduled to the applicant and to the owners of all property adjacent to and within 250 feet in any direction from the property in question. The applicant shall furnish the Administrator a complete list containing the names and last-known addresses of the owners of property required to be served at the time the application is filed and shall pay the cost of the public notice and for due notice to the adjacent surrounding property owners. Any error in notification of such adjacent and surrounding property owners, due to the inadequacy of the listing, shall be the responsibility of the applicant.

(2)

Post a notice on the property at least ten days prior to the public hearing date where it can be readily seen from the street or highway, in the following manner:

a.

The poster must be fastened and secured to a Board which can be attached to a two by four or to another anchoring device, to protect same against the wind and other elements;

b.

The notice of public hearing must be placed four feet above the ground level or above the grade of the existing major highway or road on which the property fronts, so that said notice can be readily seen by any passer-by;

c.

The notice of public hearing must be placed at a location which is located within five feet of the right-of-way of the major traveled roadway of which said property fronts;

d.

In the event the property does not have frontage on a major road or is so located that it is accessed by a private or non-public roadway, the Administrator shall post the notice on the subject property.

An affidavit of posting shall be on file, prior to the date of the hearing. Failure to comply with the proper posting will result in the cancellation of the hearing, and the applicant shall be responsible for all additional costs incurred. The Administrator may require such additional signs to be posted as may be necessary to carry out the intentions of this article.

(e)

Judicial review. All decisions and findings of the Planning and Zoning Commission, Zoning Board of Appeals, and Village Board of Trustees on appeals, applications for variations, special uses, or amendments, shall, after a hearing, be subject to review by the Court as may be provided by law.

(Zoning Ord., § 605)

(a)

Scope of provisions.

(1)

As used in this section, the term "amendment" includes any change to the standards of this chapter, zoning district boundaries, or the zoning classification of property.

(2)

The Village Board of Trustees may, from time to time, on its own motion, on the petition of any persons in interest, or on an initial recommendation of the Planning and Zoning Commission, amend, supplement, or repeal by ordinance the regulations or provisions of this chapter.

(b)

Petition procedures.

(1)

Petitions for any change of zoning district boundaries or any reclassification of districts, as shown on the zoning district maps, shall be filed with the Administrator on forms prescribed for that purpose.

(2)

Each such petition, other than those initiated by the Planning and Zoning Commission or the Village Board of Trustees, shall be verified by at least one of the owners or authorized representatives of the owners of the property within the area proposed to be changed, attesting to the truth and correctness of all facts and information presented therein.

(3)

The Administrator shall, within 15 calendar days of receipt of any petition for rezoning accompanied by the appropriate filing fees, notify in writing all parties of interest as named in the petition, including the project engineer, architect, and developer, as applicable, either that the petition is certified as meeting all pertinent requirements and will be scheduled for hearing by a specified date or specifically in what manner the petition does not comply with minimum petition submission requirements. If the Administrator does not respond in writing within 15 days, the petition shall be deemed accepted and shall be scheduled for public hearing within the period established by the applicable provisions of this section. If the petition has been determined not to comply with minimum petition requirements, the parties so notified shall be required to submit additional information or otherwise correct any noted deficiencies within 15 days from receipt of the Administrator's letter. If the deficiencies are not corrected within the 15-day period, the Administrator shall return the petition to the petitioner. The parties and the Administrator may, by mutual agreement, waive the foregoing time limits.

(4)

Upon receipt of a complete application, the Administrator shall set a public hearing and give notice, as outlined in section 32-176(d).

(c)

Application contents. An application for rezoning shall be accompanied by:

(1)

A nonrefundable fee as set by resolution of the Board of Trustees of the Village.

(2)

A list of owners of record title of the subject property and a list of owners of record title of all property within 250 feet of the boundaries of the subject property with current mailing addresses of such owners as set forth in the land records of the County.

(3)

Accurate legal descriptions of the subject property.

(d)

Public hearing. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of section 32-176(d). The public hearing shall be held within 45 days of receipt of a complete application.

(e)

Planning and Zoning Commission action. Subsequent to the public hearing, the Planning and Zoning Commission shall provide the Village Board of Trustees with an advisory report which shall contain findings of fact and shall submit the same with its recommendations to the Village Board of Trustees.

(f)

Procedure to be followed by the Planning and Zoning Commission and the Village Board of Trustees. Upon receiving an application, the reviewing bodies shall, prior to rendering a decision thereof, consider at least the following:

(1)

Conformance with the comprehensive plan.

(2)

The effect the amendment would have on schools, traffic, streets, shopping, public utilities, and adjacent properties.

(3)

Whether the application is necessary for the public convenience at that location.

(4)

Whether the application is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected.

(5)

Whether the application will cause injury to the value of other property in the neighborhood in which it is located.

(g)

Action by the Village Board of Trustees. The Village Board of Trustees shall hold a public meeting on each amendment in accordance with the provisions of section 2-26. The Village Board of Trustees shall not act on any application for an amendment to this article until a written report, consisting of a finding of fact and recommendation of the Planning and Zoning Commission, shall have been made available to the Village Board of Trustees on the proposed amendment.

(h)

Decision. After appropriate action by the Planning and Zoning Commission, the Village Board may, by a majority vote, approve with conditions, deny, or table an amendment except in the following cases only, which require the favorable action of two-thirds of all members of the Village Board:

(1)

In case, however, of a protest against such change duly signed and acknowledged by the owners of 30 percent or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds of all the members of the Board of Trustees. Further, provided that said written protest shall not be effective unless it is filed with the Village Clerk prior to the consideration of the amendment by the Village Board, and a copy of said written protest is served by the protestor 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 as shown in the application for the proposed amendment.

(2)

If an application for a proposed amendment is not acted upon finally and favorably by the Village Board of Trustees within 120 days of the time of submission of the report of the Planning and Zoning Commission, such application shall be deemed to have been denied.

(Zoning Ord., § 606; Ord. No. 22.04, 12-21-2020)

(a)

Purpose. The formulation and enactment of a comprehensive ordinance is based on the division of the entire Village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which, on account of 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 article as special uses and fall into three categories as follows:

(1)

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

(2)

Uses entirely private in character which, on account of their peculiar location need, the nature of the service they offer to the public and their possible damaging influence on the neighborhood, may have to be established in a district in which they cannot reasonably be allowed as an unrestricted permitted use under zoning regulations; and

(3)

Nonconforming uses, which as special uses, can be made more compatible with their surroundings.

(b)

Performance standards. All uses established by a special use permit shall operate in accordance with the appropriate performance standards contained in section 32-79. These performance standards are minimum requirements and may be made more restrictive in the conditions governing the particular development or use authorized by a special use permit.

(c)

Height, area, and bulk limitations for structures. Unless otherwise restricted by application of regulations elsewhere in this article, the total height, area, and bulk of any structure shall be limited by the conditions governing the particular development or use authorized by a special use permit. However, the total height, area, and bulk of any structure authorized by a special use permit shall not exceed the least restrictive regulations of the particular zoning district in which the development or use is located.

(d)

Lot area, lot dimension, development limitation, and yard requirements. Any development or use authorized by a special use permit shall abide by the lot area, lot dimension, development limitation, and yard requirements of the particular zoning district in which the development or use is located. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by the special use permit.

(e)

Off-street parking and loading requirements. The minimum off-street parking and loading requirements, including required setbacks for parking areas, loading spaces, and internal drives for any development or use authorized by a special use permit, shall not be reduced below the minimum requirements as set forth in article V of this chapter. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by a special use permit.

(f)

Procedures. The granting of a special use permit may be initiated by a verified application of one or more of the owners of record or owners under a contract of a lot or tract of land, or their authorized representatives, or be a resolution of intention by the Planning and Zoning Commission or the Village Board of Trustees.

(g)

Application. Application for a special use permit for a specific tract of land shall be filed with the Administrator on forms prescribed for that purpose and be accompanied by the following: all items listed in section 32-177(c).

(h)

Public hearing. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of section 32-176(d). The public hearing shall be held within 60 days of receipt of a complete application.

(i)

Planning and Zoning Commission action. Subsequent to the public hearing, the Planning and Zoning Commission shall provide the Village Board of Trustees with an advisory report which shall contain findings of fact and shall submit the same with its recommendations to the Village Board of Trustees.

(j)

Procedures to be followed by the Planning and Zoning Commission and the Village Board of Trustees. Upon receipt of an application, the reviewing bodies, prior to rendering a decision thereof, shall consider at least the following:

(1)

Conformance with the comprehensive plan;

(2)

Whether the use is consistent with good planning practice;

(3)

The effect the development would have on schools, traffic, streets, shopping, public utilities, and adjacent properties;

(4)

Whether the application is necessary for the public convenience at that location;

(5)

Whether, in the case of an existing nonconformance, a special use permit will make the use more compatible with its surroundings;

(6)

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

(7)

Whether the application will cause injury to the value of other property in the neighborhood in which it is located; and

(8)

Whether the special use will be detrimental to the essential character of the district in which it is located.

(k)

Action by the Village Board of Trustees. The Village Board of Trustees shall hold a public hearing on each special use permit in accordance with the provisions of section 32-176(d). The Village Board of Trustees shall not act on any special use permit application until a written report, consisting of a finding of fact and recommendations of the Planning and Zoning Commission, shall have been made available to the Village Board of Trustees on the proposed special use permit.

(l)

Decision.

(1)

After appropriate action by the Planning and Zoning Commission, the Village Board of Trustees, by a majority vote, may approve, approve with conditions, deny, or table the special use permit.

(2)

If an application for a special use permit is not acted upon finally and favorably by the Village Board of Trustees within 120 days of the time of submission of the report of the Planning and Zoning Commission, such application shall be deemed to have been denied.

(m)

Conditions, expiration. The Village Board of Trustees may provide such conditions or restrictions upon the construction, location, and operation of a special use, including, but not limited to, provisions for the protection of the adjacent property, off-street parking and loading, the expiration of the special use after a specified period of time as may be deemed necessary to secure the general objectives of this chapter, and to reduce injury to the value of property in the neighborhood. In the event the Village Board of Trustees establishes no time limitation within which the proposed use is to be exercised, then, unless same is exercised within one year from the date of its grant, the permit therefor shall expire, and such use no longer permitted. Nothing shall preclude an applicant from reapplying for the same special use permit upon such expiration.

(n)

Revocation, expiration.

(1)

The Village Board of Trustees may revoke a permit issued under this article if:

a.

The proposal for which a permit has been issued is not carried out pursuant to the approved final site plan; or

b.

Any condition or requirement included in this permit is not complied with.

(2)

A permit issued under this article shall expire if the proposal authorized by the permit is not completed within the development schedule included in the application.

(o)

Revocation procedures.

(1)

Should there be a reason to believe that a permit issued under this article is subject to revocation under subsection (n) of this section, then the Administrator may initiate an investigation into such matter; or the Village Board of Trustees or the Planning and Zoning Commission may direct the Administrator to conduct such an investigation. The findings of fact of such investigation of possible permit violation by the Administrator will then be forwarded to the Planning and Zoning Commission for consideration at its next regular or a duly noticed special meeting of the Commission.

(2)

The Planning and Zoning Commission shall consider the Administrator's report at a public hearing.

(3)

The Planning and Zoning Commission will present its advisory report together with a recommendation to the Village Board of Trustees as to whether the special use in question should be revoked.

(4)

The Village Board of Trustees, at a public hearing, shall consider the report of the Planning and Zoning Commission and shall decide whether or not to revoke the permit. Such hearing shall be conducted in the same manner as the hearing on the original permit. Should the Planning and Zoning Commission recommend that said permit issued under this article not be revoked, the permit shall only be revoked by a vote of two-thirds of all members of the Village Board of Trustees.

(p)

Effect of denial. Upon denial by the Village Board of Trustees of a special use permit application, the Board shall notify the applicant of the denial. No subsequent action for a permit with reference to the same property or part thereof shall be filed by any applicant until the expiration of 12 months after the denial. No provision herein shall prevent the Planning and Zoning Commission or the Village Board of Trustees from initiating the procedure provided in this section.

(Zoning Ord., § 607)

(a)

Administrator. The Administrator, with the approval and consent of the Planning and Zoning Commission and the Village Board of Trustees, shall enforce this chapter. The Planning and Zoning Commission and the Village Board of Trustees shall further consult other departments and agencies, as appropriate, in their review.

(b)

Notices, hearings, and orders. Whenever the Administrator has determined from inspection or from other means that reasonable grounds exist to believe there has been a violation of any provisions of this article, the Administrator shall give notice of such violation to the person alleged to be in violation. Such notice shall:

(1)

Be in writing;

(2)

Include a statement of the reasonable time for performance of any act it requires;

(3)

Be served upon the owner or his agent as the case may require, provided that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by certified mail to his last-known address or when he has been served with such notice by any method authorized or required by the laws of this State; and

(4)

Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.

(c)

Reinspection. At the end of such notice period, the Administrator shall reinspect the premises where the violation occurred and if such conditions or practices have not been corrected, he shall submit the file concerning the violations to the Planning and Zoning Commission to determine subsequent appropriate actions.

(d)

Stop order. Whenever any building or grading work is being done, or uses established, altered, or otherwise changed in a manner contrary to the provisions of this chapter or the approved permit or site plan, the Administrator or other such authorized person may order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done and any such person shall forthwith stop such work until authorized by the Administrator to proceed.

(e)

Staying of work on premises. When an appeal from the decision of the Administrator concerning a stop work order has been taken and filed with the Planning and Zoning Commission, the stop work order shall not take effect unless the Administrator certifies to the Planning and Zoning Commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such cases, the stop work order shall remain in effect unless a restraining order is granted by the Circuit Court of the County on the application, with notice to the Administrator and the owner of the premises affected and on due cause shown.

(f)

Emergency action. Whenever the Administrator finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency, and require that such action be taken as he may deem necessary to meet the emergency, including the suspension of a zoning permit. He shall immediately notify the Planning and Zoning Commission and Village Board of Trustees of such action. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Administrator shall be afforded a hearing as soon as possible under the provisions of section 32-176.

(Zoning Ord., § 608)

Whenever a violation of this article occurs, any person, including the Administrator or any other duly authorized Village official or personnel, in addition to and not by way of limitation or other remedies available, may file a complaint in a court of competent jurisdiction to enforce the provisions of this article. Such enforcement may include, but shall not be limited to, equitable relief by way of restraining order, preliminary injunction, and/or permanent injunction.

(Zoning Ord., § 609)

The Village Board shall, by resolution, determine the applicable fees to be charged for any application to be filed pursuant to the provisions of this article.

(Zoning Ord., § 611)

Appendix

Ordinance 95.03

Amended Section 205.3

Amended Section 606.3

Ordinance 96.03

Amended Section 108.1

Amended Section 204.1

Amended 204.3

Amended 205.1

Amended Section 206.1

Amended Section 207

Ordinance 99.05

Added Section 306.3

Ordinance 99.09

Amended Section 306.3

Added Section 311

Ordinance 00.02

Amended Section 311.4

Ordinance 04.04

Amended Section 311.13

Ordinance 04.06

Amended Section 108.2

Amended Section 204.1