A. Exceptions: The president and board of trustees may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter:
1. 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 and shall be accompanied by the fee as specified from time to time in section 1-10-7 of this code. In order for the petition to be granted, it shall be necessary that the board of trustees finds 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; and
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.
2. Each application for an exception shall be referred to the building commissioner for review. The building commissioner shall transmit his or her recommendations to the zoning board of appeals and to the president and board of trustees.
3. The zoning board of appeals shall hold a public hearing on each application for exception as soon after receiving such application as possible in the manner provided with respect to appeals. After public hearing, the zoning board of appeals may recommend approval of the site development permit application with the exceptions and conditions it deems necessary or it may recommend disapproval of such site development permit application and exception application or it may take such other action as appropriate, including, but not limited to, recommending conditional approval. The written recommendation to the zoning board of appeals shall be transmitted to the president and board of trustees, which shall make a decision thereon as soon thereafter as practical.
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 building commissioner may suspend or revoke the site development permit.
1. Suspension of a permit shall be by a written stop work order issued by the building commissioner and delivered to the permittee or permittee's 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. A stop work order shall remain in effect until the next regularly scheduled meeting of the president and board of trustees at which the conditions of subsection B2 of this section can be met.
2. No site development permit shall be permanently suspended or revoked until a hearing is held by the president and board of trustees. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state:
a. The grounds for complaint or reasons for suspension or revocation in clear and concise language; and
b. The time and place where such hearing will be held.
Such notice shall be served on the permittee at least five (5) days prior to the date set for the hearing. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on permittee's behalf. At the conclusion of the hearing the president and board of trustees shall determine whether the permit shall be suspended or revoked.
C. Violations And Penalties:
1. Fine: Any person found guilty by a court of competent jurisdiction of violating any provision of this chapter, of failing to comply with any of the requirements thereof, of doing any grading, excavating or filling or of causing any of same to be done in violation of any of the provisions of this chapter, in violation of an approved plan or directive of the building commissioner, or of a permit or certificate issued under the provisions of this chapter shall be guilty of a petty offense, punishable by fine(s) and other penalties for each offense as specified from time to time in section 1-4-1 of this code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
2. Court Costs: Any person who shall be found guilty by a court of competent jurisdiction of violating a provision of this chapter or of failing to comply with any requirement thereof, or of grading, excavating and/or filling or of causing any of same to be done in violation of any of the provisions of this chapter, in violation of an approved plan or directive of the building commissioner or in violation of a permit or certificate issued under the provisions of this chapter, shall, in addition to the fine(s) and other penalties provided, be obligated to reimburse the village for its attorney fees to the extent permitted by law, court costs, court reporter costs, expert witness fees and all other out of pocket costs incurred by the village in the prosecution of the said violation or violations.
3. Site Restoration: In addition to any other penalties authorized by this subsection, any person found guilty of violating any of the provisions of this chapter shall be required to restore the site to the condition existing prior to commission of the violation or to bear the expense of such restoration. (Ord. 2011-O-07, 4-6-2011)