(a)   Interpretation and Application. In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for adequate light, pure air, safety from fire and other danger, undue concentration of population and ample parking facilities.

      (1)   Except under the most unusual circumstances, Council desires that every requirement outlined in this Zoning Ordinance be strictly enforced.

      (2)   The enforcement of the terms of this Zoning Ordinance shall apply to every requirement, including but not limited to, those specific requirements for streets and sidewalks.

      (3)   This subsection (b) is not intended to amend this Zoning Ordinance in any manner but merely to establish the fact that any past waivers concerning this Zoning Ordinance or any prior version were not intended to establish any precedent or standardize waivers in connection with construction activities within the Village.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   It is not intended by this Zoning Ordinance to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Zoning Ordinance, or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the Village is a party. Where this Zoning Ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provision of law, ordinance, contract or deed, the provision of this Zoning Ordinance shall control.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

      (1)   Enforce the provisions of this Zoning Ordinance and interpret the meaning and application of its provisions.

      (2)   Issue zoning permits and conditional zoning certificates as provided by this Zoning Ordinance and keep a record of same with a notation of any special conditions involved.

      (3)   Accept and review for completeness all applications upon which the Zoning Inspector is authorized to review by the provisions of this Zoning Ordinance. The Zoning Inspector shall promptly review each application submitted to determine compliance with applicable district regulations and submission requirements. If the application is deemed insufficient, the Zoning Inspector shall promptly notify the applicant of necessary changes. If the application is deemed sufficient and the application fee has been paid, the Zoning Inspector shall officially accept the application on that date for consideration of the action(s) requested.

      (4)   Respond to questions concerning applications for amendments to the Zoning Ordinance and the Zoning Districts Map.

      (5)   Maintain in current status the Zoning Districts Map which shall be kept on permanent display in the Village Office.

      (6)   Maintain permanent and current records required by this Zoning Ordinance, including but not limited to zoning approval, inspection documents, and records of all variances, amendments, and conditional uses.

      (7)   Make such records available for the use of Village Council, the Planning Commission, the Board of Zoning Appeals, and the public.

      (8)   Conduct inspections of buildings and uses of land to determine compliance with this Zoning Ordinance and, in the case of any violation, to stop work and to notify in writing, the person(s) responsible, specifying the nature of the violation and ordering corrective action.

      (9)   Determine the existence of any violations of this Zoning Ordinance and issue such notifications, stop work orders and citations for violations as outlined in this Zoning Ordinance. Advise the Law Director of all such actions.

      (10)   For the purpose of enforcing this Zoning Ordinance, the Zoning Inspector shall have the powers of a police officer.

      (11)   Issue written notifications of violations and specify a reasonable time period, generally not exceeding 30 days, for abating the condition or use which is in violation of this Zoning Ordinance. A citation shall be issued where the violation is not corrected within the specified period of time and shall be prosecuted.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   A zoning permit shall be required under the following circumstances:

   (a)   The construction or structural alteration of any building or accessory structure/building or the use of lots, an accessory structure/buildings, and/or characteristics of the use.

   (b)   The change in use of any structure, building or parcel of land. For the purpose of this Zoning Ordinance, the term change in use shall be identified in the following manner:

         B.   Two-family dwelling; and

         C.   Multi-family dwelling.

         A change in use status will exist when a residential structure(s) is converted from one use category to another. Such a conversion shall be made in conformance with all applicable sections of this Zoning Ordinance prior to the issuance of a zoning permit.

         A.   The change in use of land.

         B.   The erection or enlargement of signage as regulated by Chapter 1280.

         C.   For any other purpose in which the issuance of a zoning permit is mandated by this Zoning Ordinance.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   (a)   All applications for zoning permits shall be submitted to the Zoning Inspector. All applications must be completed in full and must be accompanied by the payment of the appropriate fee as identified in Section 1260.17 (Exhibit V, Fee Schedule). In addition, if a zoning permit is being sought for construction purposes, the applicant shall also submit two copies of the construction plans including two plot plans that are drawn to a scale of one inch equals 100 feet, which identifies the construction to take place, the location of the proposed structure/building as well as any existing structure/building and appurtenances, all lot dimensions and setback distances, as well as the relative location of any and all nearby public or private streets. All dimensions on these plans relating to the location and size of the lot to be built upon, and of any structures already on the lot, shall be based on an actual survey if the zoning permit sought is for a principal structure and when deemed necessary by the Zoning Inspector, if for an accessory structure/building.

   (b)   The lot and location of the proposed structure/building thereon shall be staked out on the ground before excavation or construction is started. Applications for zoning permits regarding signs shall be accompanied by data as required in Chapter 1280.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   (a)   Within 30 days of the receipt of application and payment of fees as required in Section 1260.17, (Exhibit V, Fee Schedule) the Zoning Inspector shall issue a zoning permit if the application complies with the requirements of this Zoning Ordinance. Otherwise, he or she shall give written notice of denial, stating the reasons therefor over his or her signature.

   (d)   Site Plan Approval. Upon approval of a site plan as regulated in Chapter 1276 , the Zoning Inspector shall issue a zoning permit. The applicant shall be responsible for securing the zoning permit during the approval validity period. The applicant must re-submit an application for a zoning permit, along with the required fee as set forth in Section 1260.17, prior to the issuance of the zoning permit. Any conditions set forth by the Planning Commission in their certificate of approval must be completely satisfied prior to the issuance of the zoning permit, unless otherwise specified.

   (e)   A zoning permit shall not be issued until all appropriate fees have been paid including sewer connection and water connection fees.

   (f)   A building permit shall not be issued nor shall any site preparation or construction work begin prior to the issuance of the zoning permit.

   (g)   A zoning permit shall be issued only when the proposed dwelling, building or other structure is located:

      (1)   On a dedicated street or a street constructed in compliance with the Village street standards. However, zoning permits may be issued for additions and detached garages for an existing dwelling on existing streets in the Village.

      (2)   In a subdivision, where the plat of subdivision has been approved by the Planning Commission and by the Council.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   The zoning permit shall become void at the expiration of six months after the date of issuance, unless construction has begun. If no construction is started within six months of the date of the permit, a new permit is required and reapplication must be made. The entire project must be completed within 18 months of zoning permit approval.

(Ord. 2013-01. Passed 2-5-13.)

   In all cases where a cash performance bond or other financial guarantee is required by this Zoning Ordinance, such cash bond or guarantee shall be placed with the Village and shall be released to the applicant only if, and after acceptance by the Village Council.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   All fees, bond forfeitures and all fines shall be deposited in the General Fund and the Fiscal Officer is hereby authorized to accept such funds and to deposit same and that he or she be and is hereby authorized to draw his or her warrants upon such fund in payment of such costs incurred.

(Ord. 2013-01. Passed 2-5-13.)

   No owner shall use or permit the use of any land, or any structure or part thereof, hereafter created, erected, converted, enlarged or changed, wholly or partly, in its use or construction, until the Zoning Inspector issues a certificate of use. Such certificate shall show that such structure or premises, or part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Ordinance.

   (a)   It shall be the duty of the Zoning Inspector to make a final inspection and to issue a certificate of use, provided he or she is satisfied that the structure or premises and the proposed use thereof, conforms to all the requirements of this Zoning Ordinance, or if such certificate is refused, to state such refusal in writing, including the cause.

   (b)   On written request of the owner or tenant, the Zoning Inspector shall issue a certificate of use for any building or premises legally existing at the time of enactment of this Zoning Ordinance, certifying, after inspection, the kind and extent of use made of the building or premises and whether such use conforms to the provisions of this Zoning Ordinance.

   (c)   All downspout drains shall be connected to the storm sewer system or a natural drainage area. The Zoning Inspector may refuse to issue a certificate of use until this regulation is complied with.

   (d)   Required sidewalks completed.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   Council may, from time to time, amend by ordinance, the number, shape, area of districts on the Zoning Districts Map, as well as any part of the written regulations set forth within the text of this Zoning Ordinance.

      (1)   Motion of the Planning Commission; or

      (2)   Adoption of a resolution by the Board of Zoning Appeals (with certification to the Planning Commission); or

      (3)   Adoption of a resolution by the Village Council (with certification to the Planning Commission); or

      (4)   Filing of an application to the Village Council by one or more property owners within the area proposed to be changed or affected by the proposed amendment to the Zoning Ordinance.

      (1)   Application shall be submitted on forms made available by the Zoning Inspector.

      (2)   The fee as specified in Section 1260.17 (Exhibit V, Fee Schedule) is not refundable.

      (3)   A list of current property owners within and contiguous to and directly across the street from any part of the defined area to be amended. The addresses of such owners shall be those that appear on the County's tax list or the Treasurer's mailing list.

      (4)   A copy of each and every tax map page used to obtain the list of names of the property owners being submitted.

      (5)   Evidence that the proposed amendment would materialize in an equal or better Zoning Ordinance than that existing.

      (6)   A statement of the proposed text change in the regulations set forth in this Zoning Ordinance.

      (7)   A statement or legal description of the proposed change in the number, shape, area or regulations of the districts on the Zoning Districts Map.

      (8)   Evidence that the existing Zoning Ordinance is unreasonable with respect to the particular property and that it deprives the property owner of his lawful and reasonable use of the land. For the purposes of this Zoning Ordinance, a limitation upon the financial gain from the land in question shall not constitute unreasonable zoning.

         A.   In all cases, by one publication of the time and place of such hearing in a newspaper of general circulation in the Village at least 30 days prior to the hearing date. Such notice shall include a statement that opportunity will be afforded to any person interested to be heard.

         B.   Written notice of hearings pertaining to the amendment of a Zoning District(s) on the Zoning Districts Map shall be mailed by the Zoning Inspector by certified mail at least 15 days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from any part of the defined area to be amended. The addresses of such owners shall be those that appear on the County's tax list or the Treasurer's mailing list. The notice shall include an indication to such owners of the change in zoning to be considered by the Commission at the hearing on the proposed amendment.

         A.   In all cases, by one publication of the time and place of such hearing in a newspaper of general circulation in the Village at least 30 days prior to the hearing date. Such notice shall include a statement that opportunity will be afforded to any interested person to be heard.

         B.   If the proposed amending ordinance intends to re-zone or re-district ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council by first class mail, at least 15 days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's current tax list and to such other list or lists that may be specified by Council.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   Should any section or part of a section or provision of this Zoning Ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, this shall not affect the validity of any other section, part of section, or provision of this Zoning Ordinance, or the Zoning Ordinance as a whole, other than the part so declared to be invalid or unconstitutional.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   (a)   Any person, firm or corporation (including any landowner, lessee, tenant, or an employee, agent or independent contractor engaged by such landowner, lessee or tenant) who violates, disobeys or omits, neglects or refuses to comply with or who resists the enforcement of, any of the provisions of this Zoning Ordinance, shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. However, if legal action is not instituted to enforce this Zoning Ordinance until after the work done in violation of this Zoning Ordinance is completed, then the fine shall be not less than one hundred dollars ($100.00) nor more than ten thousand dollars ($10,000.00), regardless of the number of days of violation.

   (b)   Upon notification by the Zoning Inspector, the Planning Commission or the Council, the Board of Public Affairs shall not grant sanitary sewerage facilities or storm sewer facilities to any person, firm or corporation who or which violates, disobeys or omits, neglects or refuses to comply with, or who resists the enforcement of, any of the provisions of this Zoning Ordinance. This penalty shall be in addition to that provided in subsection (a) hereof.

   (c)   In case any structure is or is intended to be erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any structure or land is or is intended to be used, in violation of the provisions of this Zoning Ordinance, the Law Director, or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   When the Planning Commission or Board of Zoning Appeals finds it necessary to maintain a strict record of Public Hearing proceedings, or when the Commission or Board deems it necessary to cause special studies to be made, the applicant shall bear all direct and related costs.

(Ord. 2013-01. Passed 2-5-13.)

   All fees adopted by Village Council shall be charged in conjunction with the requirements as stipulated throughout this Zoning Ordinance (Exhibit V, Fee Schedule).

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)