CHAPTER 4
ADMINISTRATION AND ENFORCEMENT
ADMINISTRATION AND ENFORCEMENT
SECTION:
10-4-1: Village Board
10-4-2: Director Of Community Development
10-4-3: Zoning Board Of Appeals
10-4-4: Plan And Zoning Commission
10-4-5: Variances
10-4-6: Administrative Adjustments
10-4-7: Appeals
10-4-8: Amendments
10-4-9: Special Uses
10-4-10: Public Hearings - Notice And Conduct
10-4-11: Fees And Charges
10-4-12: Enforcement And Penalties
Jurisdiction: The village board shall maintain the following responsibilities and duties under this title:
A. To review and take final action on applications for amendments to this title and special use permits;
B. To review and take final action on appeals and variances;
C. To review and act on applications for temporary buildings, structures and uses of land;
D. Designate certain days on which business establishments may conduct their business outside the building or structure; and
E. Approve temporary permits for outdoor sales or events. (Ord. 19-12-43, 1-13-2020)
The director of community development shall:
A. Shall act as the zoning administrator.
B. Duties: As zoning administrator, along with deputies, assistants, and other designated village enforcement agencies' personnel, shall enforce the zoning regulations. Additionally, they shall:
1. Register all non-conformities when they are identified;
2. Reserve the right to inspect to inspect any buildings, structures and uses of land to determine compliance with this title;
3. Issue violation notices that require compliance relating to code enforcement matters;
4. Require that all construction or work of any type be stopped if it is not in compliance with this title, or if the construction would result in a situation that is not in compliance with any applicable ordinance;
5. Forward to the plan commission applications for amendments to the zoning ordinance, applications relating to variances, special uses, annexations, and site plans;
6. Forward to the zoning board of appeals applications for appeals or variances;
7. Forward to the village board applications for temporary buildings, structures, and uses of land;
8. Interpret this title when questions arise;
9. Determine which uses, though not contained by name in a zoning district's list of permitted uses, are similar in nature and clearly compatible with the listed permitted uses for that district, and permit their establishment;
10. Authorize administrative adjustments;
11. Administer all sign permit applications based on compliance with the village's sign ordinance; and
12. Initiate an examination of the administrative record of variances and appeals and make a report to the village board. (Ord. 19-12-43, 1-13-2020)
A. Jurisdiction: The ZBA shall discharge the following duties and responsibilities under this title:
1. Review all applications for variances from the provisions of this title in the manner prescribed and report findings and recommendations to the village board in accordance with this chapter;
2. Review all appeals from any order, requirement, decision or determination made by the zoning administrator under this title and report findings and recommendations to the village board in accordance with this chapter;
3. Advise the village board on all matters referred to it and matters that it is required to review; and
4. Receive and consider the report of the zoning administrator on the effectiveness of this title and report its conclusions and recommendations to the village board at least once a year.
5. The members of the ZBA also concurrently serve as members of the planning and zoning commission.
B. Recommendations Of The ZBA: All recommendations of the ZBA on appeals or applications for variances or any other matter shall, in all instances, be advisory in nature and shall be subject to final consideration, evaluation and determination by the village board. (Ord. 19-12-43, 1-13-2020)
A. Jurisdiction: The plan commission shall discharge the following duties and responsibilities under this title:
1. Review all applications for amendments to this title in the manner prescribed and report findings and recommendations to the village board in accordance with this title;
2. Review all applications for special uses and planned developments in the manner prescribed and report findings and recommendations to the village board;
3. Review and decide requests for administrative adjustments to the parking and loading standards;
4. Advise the village board on all matters referred to it and matters that it is required to review;
5. Initiate amendments to this title;
6. Review and update the comprehensive plan at least every five (5) years; and
7. Implement and uphold the comprehensive plan as it may be amended.
B. Recommendations Of The Plan Commission: All recommendations of the plan commission on applications for amendments to this title, or applications for planned developments or special uses, or for any other matter shall, in all instances, be advisory in nature and shall be subject to final consideration, evaluation, and determination by the village board. (Ord. 19-12-43, 1-13-2020)
A. Intent And Purpose: A variance is a grant of relief to a property owner from the literal requirements of the zoning ordinance where literal enforcement would cause undue hardship. Additionally, a variance is intended to provide relief where the requirements of this title render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. A variance is not intended merely to remove an inconvenience or financial burden that the requirements of this title may impose on a property owner. A variance is not intended to allow the establishment of a use that is not otherwise allowed in a zoning district or that would change the zoning district classification of any or all of the affected property, and should not be granted where a special use permit or an amendment to the official zoning map would be more appropriate.
B. Initiation Of A Variance: A request for a variance may be initiated by either:
1. The owner of the subject property; or
2. A contract purchaser of the subject property.
C. Application For Variance: An application for a variance shall be filed in writing with the zoning administrator and shall include a map of the property showing its dimensions, all streets and alleys, and other properties within two hundred fifty feet (250') of the property. The zoning administrator shall transmit the application to the zoning board of appeals for review and public hearing. The zoning board of appeals shall hold a public hearing within sixty (60) days after filing of the application.
D. Notice And Conduct Of The Public Hearing: The notice for and conduct of the public hearing shall be in accordance with the public notice requirements of this title.
E. Findings And Recommendations: The zoning board of appeals shall make findings of fact based on evidence presented to it and forward the findings with recommendations to the village board.
F. Standards For A Variance: The ZBA shall not recommend, and the village board shall not grant, a variance from the regulations of this title unless it makes findings based on evidence presented to it in each specific case that:
1. The variance is in harmony with the general purpose and intent of this title;
2. The plight of the owner is due to unique circumstances and thus strict enforcement of this title would result in practical difficulties or impose exceptional hardships due to the special and unusual conditions that are not generally found on other properties in the same zoning district;
3. The property cannot yield a reasonable use if permitted only under the conditions allowed by this title; and
4. The variance, if granted, will not alter the essential character of the locality and will not be a substantial detriment to adjacent property.
G. Burden Of Proof For Variance: In each case of a requested variance, the applicant must satisfy the proof that the proposed variance meets the standards of division F of this section, even if there is no testimony or other evidence opposing or rebutting the requested variance.
H. Village Board Actions On A Variance: Within forty five (45) days of the completed public hearing the village board shall review the findings and recommendations of the zoning board of appeals. The village board may grant, deny, or grant with modification the proposed variance. If the village board grants the variance, it shall make findings of fact specifying the reasons for the variance in accordance with the standards of division F of this section. Additionally, if granting the variance, the village board shall adopt an ordinance approving the application. (Ord. 19-12-43, 1-13-2020)
Loading...