§ 157.06 ENFORCEMENT.
   (A)   Exceptions.
      (1)   The permitting authority upon advice of the village engineer may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter.
      (2)   Application for any exception shall be made by a verified petition of the applicant for a site development permit, stating fully the grounds of the petition and the facts relied upon by the applicant. Such petition shall be filed with the site development permit application. In order for the petition to be granted, it shall be necessary that the permitting authority find all of the following facts with respect to the land referred to in the petition:
         (a)   That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record, that it is impossible or impractical for the applicant to comply with all of the requirements of this chapter.
         (b)   That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant.
         (c)   That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
   (B)   Stop work order; revocation of permit. In the event any person holding a site development permit pursuant to this chapter violates the terms of the permit, or carries on site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood of the development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the permitting authority may suspend or revoke the site development permit.
      (1)   Suspension of a permit shall be by a written stop work order issued by the permitting authority and delivered to the permittee or his agent or the person performing the work. The stop work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed.
      (2)   Any person affected by a decision of the permitting authority shall have the right to appeal to the Planning and Zoning Commission, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served.
(Ord. 868, passed 11-20-95)