(A) Building official.
(1) It shall be the duty of the Building Official to enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for.
(2) The Building Official shall receive applications required by this chapter, issue permits and furnish the prescribed certificates. He or she shall conduct inspections of structures or the use of land to determine whether there is compliance with this chapter and in case of any violation, he or she shall notify in writing the person or persons responsible, specifying the nature of the violation and ordering corrective action.
(3) The Building Official shall maintain permanent and current records required by this chapter, including but not limited to permit applications, inspections, notices or orders issued, and all official action on appeals, variations and amendments. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the Building Official.
(4) The Building Official shall maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the zoning ordinance. A fee may be charged to defray the costs of producing or reproducing these copies.
(5) The Building Official shall prepare and have available in book, pamphlet, or map form, on or before March 31 of each year:
(a) The compiled text of the zoning ordinance, including all amendments thereto through the preceding December 31; and
(b) A zoning map or maps, showing the zoning districts, divisions and classifications in effect on the preceding December 31.
(B) Zoning Board of Appeals.
(1) Creation of the Zoning Board of Appeals.
(a) There is hereby created the Zoning Board of Appeals consisting of seven members appointed by the President, by and with the consent of the Board of Trustees. Upon the adoption of this chapter, the seven members shall be appointed to serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years, the successor of each member so appointed to serve for a term of five years.
(b) One of the members so appointed shall be named as chairperson at the time of his or her appointment. The amount of compensation to be paid to members, if any, shall be fixed by the Board. Subject to the approval of the Board, the President may remove any member for cause and after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.
(c) All meetings of the Board of Appeals shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson, or in his or her 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 every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. No hearing shall be conducted without a quorum of the Board being present, which shall consist of a majority of all the members. Any absent member who certifies that he or she has read the transcript of the proceedings before the Board may vote upon any question before the Board. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record.
(2) Duties of the Zoning Board of Appeals.
(a) The Zoning Board of Appeals shall hear appeals from and review any order, requirement, decision or determination made by Building Official. In hearing such appeals, the Board is authorized to recommend to the Board interpretations of the meaning of the chapter in case of ambiguities and to recommend rulings with respect to the application of the chapter.
(b) The Zoning Board of Appeals is authorized to hear petitions for variations from the strict terms of the zoning ordinance where a genuine and unique hardship would result if the zoning ordinance were to be strictly applied. The Zoning Board of Appeals may recommend that the variations be granted only in those instances in which the variation would be in harmony with the general purpose and intent of this zoning ordinance and in accord with general or specific rules written into this chapter.
(c) In no case does the Zoning Board of Appeals have the power to make changes in the text itself or in the zoning maps. Amendments can be adopted only by the Board after public hearing by the Committee designated by the Board as required by state statute.
(C) President and Board of Trustees. The President and Board of Trustees shall have the following duties and responsibilities with respect to the administration and enforcement of the zoning ordinance:
(1) The President and Board of Trustees may grant only those conditional use permits which are listed in the table of uses in § 157.17 of this chapter, and such permits shall be issued only in the districts so designated.
(2) The President and Board of Trustees may impose such conditions or restrictions upon the location, construction, design or operation of a conditional use and the duration of such permit as it shall respectfully find necessary or appropriate to insure that the standards set forth in this chapter and subsequent amendments are met.
(3) No conditional use permit shall be granted by the President and Board of Trustees unless a committee designated by the President and Board of Trustees shall first have conducted a public hearing on the permit application and shall have transmitted a report of its findings and recommendations to the Board for its consideration.
(4) No conditional use permit shall be granted unless said permit conforms to the standards as may be set forth in this chapter and subsequent amendments.
(5) The President and Board of Trustees may grant a variation whenever and only when all of the conditions in § 157.66(A)(4) of this chapter are met. All variations shall be granted by ordinance. No variation shall be granted unless the Zoning Board of Appeals has conducted a public hearing on the application for variance in accordance with state statute.
(6) In the event that the Zoning Board of Appeals recommends that a proposed variation not be granted, then such variation may be granted by the President and Board of Trustees only upon the favorable vote of two-thirds of all members of the President and Board of Trustees.
(7) The President and Board of Trustees may from time to time amend by ordinance the text of the zoning ordinance and the official zoning map, but no such amendments shall be made without a hearing before a committee designated by the President and Board of Trustees.
(8) The President and Board of Trustees shall review the report submitted by said Committee concerning proposed amendments to this zoning ordinance. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by 20% of the owners 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, is filed with the Village Clerk, the amendment shall not be passed except by a favorable vote of two-thirds of all the trustees of the village.
(9) The President and Board of Trustees may establish a schedule of fees, charges and expenses.
(Ord. passed 2-5-1979; Ord. passed - -2005)