14.203: PROCEDURES FOR ADMINISTRATIVE FUNCTIONS:
The procedures regarding all administrative functions of this chapter are set forth as follows:
   A.   Review For Zoning Compliance: No permit pertaining to the use of land or buildings, existing or proposed, shall be issued by any officer, employee or department of the village unless the application for such permit has been reviewed and approved by the director of community development or duly appointed employee of the community development department. Such approval shall be by written authorization certifying the proposed use complies with all provisions of this chapter. In certifying this zoning compliance, the village authorizes that the specific land or building can be occupied or used for its intended purpose, provided that any new construction or remodeling conforms to the approved plans and all applicable regulations of the village. Any permit issued in conflict with the provisions of the zoning ordinance, or without proper authorization, shall be null and void.
   B.   Approval Of Occupancy: No building shall be used for any purpose until the director of community development or duly appointed employee of the community development department has provided written authorization for approval of the occupancy in accordance with section 15.703 of this code.
   C.   Variations:
      1.   Intent: Variations shall be granted or recommended for approval only where the planning and zoning commission, or in the case of minor variations, the director of community development, makes findings of fact in accordance with the standards set forth in this chapter, and further finds that the regulations of this chapter will impose practical difficulties or particular hardships on the petitioner in carrying out the strict letter of the regulations of this chapter.
      2.   Authority: The director of community development may, after an administrative hearing, grant a minor variation as provided in this chapter. The planning and zoning commission may, after a public hearing, grant or recommend for approval a variation in harmony with the general purpose and intent of this chapter.
      3.   Initiation: An application for a minor variation or variation may be made by any person, firm, other entity, corporation, or by any governmental entity requesting or intending to request application for a building permit.
      4.   Filing Of Applications: An application for a minor variation or variation shall be filed with the director of community development on forms obtained from the community development department. Such form shall include all information necessary for processing the request, including, but not limited to, a statement on specific hardship, the extent of variation requested, legal description of subject property, survey, site plan, appropriate proof of ownership, or proof of authority. The application form may be revised from time to time. The application shall be filed with the appropriate fee in an amount established by the board of trustees.
      5.   Public Hearing: Public hearings shall be held in compliance with state statutes and provisions of this chapter as described in subsection G of this section.
      6.   Action By Planning And Zoning Commission: The planning and zoning commission shall hear and decide as final administrative authority, all petitions for fence variations and variations which do not exceed twenty five percent (25%) of any requirement of this chapter.
The planning and zoning commission shall make recommendations to the village board on all variations which are more than twenty five percent (25%) of any requirement of this chapter.
In all petitions for variations, the planning and zoning commission shall make findings of fact based on the standards of this chapter.
      7.   Action By Village Board: The village board shall make a final decision on an application for a variation after receiving the recommendation of the planning and zoning commission. Any variation which fails to receive a favorable recommendation from the planning and zoning commission shall not be granted by the village board unless there is a concurring vote of five (5) if all seven (7) members of the corporate authorities are present and voting, and a concurring vote of four (4) if less than seven (7) members of the corporate authorities are present and voting.
In the case of a written protest against any proposed variation, signed by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjacent or across an alley, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the proposed variation shall not be passed except by the voting requirements in the preceding paragraph.
      8.   Appeal Of Planning And Zoning Commission Decision: Any individual may file an appeal of any decision of the planning and zoning commission with the village board. Such appeal shall be filed with the director of community development within five (5) calendar days of the planning and zoning commission decision.
      9.   Standards For Variations: A variation from the regulations of this chapter shall not be granted or recommended for approval by the planning and zoning commission unless findings of fact based on evidence are made in each specific case that affirm the following standards:
         a.   Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied;
         b.   The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification;
         c.   The purpose of the variation is not based primarily upon a desire to increase financial gain;
         d.   The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property;
         e.   The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
         f.   The granting of the variation will not alter the essential character of the neighborhood; and
         g.   The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
      10.   Restrictions On Variations: The following restrictions shall apply to all variations:
         a.   No variation shall be authorized that would modify any definition;
         b.   No variation shall be authorized that would vary uses between zoning districts, except use exceptions approved in a planned development; and
         c.   No variation shall be authorized that would result in a density increase from that permitted in a zoning district except in conjunction with a planned development.
      11.   Minor Variations:
         a.   Action By Director Of Community Development: The director of community development shall hear and decide as final administrative authority, all petitions for minor variations for the following:
            (1)   Existing nonconforming accessory structures:
               (A)   Applicable Structures:
                  (i)   Will be replaced with the same type of structure,
                  (ii)   Do not exceed a total of two (2) accessory structures per lot of record,
                  (iii)   Extend into no more than forty percent (40%) of the required interior side yard setback,
                  (iv)   Extend into no more than ten percent (10%) of the rear yard setback, or
                  (v)   Where the applicable lot coverage does not exceed the maximum permitted for that zoning district by more than ten percent (10%).
               (B)   Standards: For minor variations consisting of existing nonconforming accessory structures, the director of community development shall make findings of fact based on the petition and public input according to the following standards:
                  (i)   Whether the regulation from which relief is sought was in existence when the applicant either purchased or improved the property.
                  (ii)   Whether the applicant changed the property in some way so as to create the nonconformity.
                  (iii)   Whether the requested relief will be out of character with the neighborhood.
                  (iv)   Whether there are other structures within the same zoning district, which either violate or have received a variation from the same regulation.
                  (v)   Whether the negative impact on the applicant, in not being able to use the property in the specific manner requested, substantially outweighs any negative impact on the adjacent properties if the variation is granted.
                  (vi)   Whether the request is the minimum necessary to use the property in a manner reasonably similar to other uses in the neighborhood.
                  (vii)   Whether a reasonable alternative is consistent with the expressed terms of the zoning ordinance.
            (2)   Parking requirements for uses in excess of two thousand five hundred (2,500) square feet in floor area located in the B-5 central commercial district and B-5C core central commercial district.
               (A)   Standards: For minor variations consisting of parking requirements for uses in excess of two thousand five hundred (2,500) square feet in floor area located in the B-5 central commercial district and B-5C core central commercial district, the director of community development shall make findings of fact based on the petition and public input according to the following standards:
                  (i)   Whether the requested relief will be out of character with the neighborhood.
                  (ii)   Whether there are other properties within the same zoning district, which have received a variation from the same regulation.
                  (iii)   Whether there is public parking available within one thousand feet (1,000').
                  (iv)   Whether there is public transit (e.g., train station) available within one thousand feet (1,000').
                  (v)   Whether there are adjacent land uses with different peak parking demand periods based on the hours of operations.
                  (vi)   Whether there is a shared parking agreement/valet service provided.
         b.   Hearings: Administrative hearings shall be held for minor variations only and in compliance with the provisions as described in this section.
            (1)   Upon receipt of an application for a minor variation, the director of community development shall review the application for completeness and assign a case number to the request.
            (2)   For all applications for a minor variation, the department of community development shall provide a list of all owners of record of property lying within one hundred feet (100'), exclusive of right of way width, of the parcel subject to the public hearing. The director of community development shall cause a copy of the public notice to be mailed to all property owners on the list no more than thirty (30) days nor less than seven (7) days prior to the hearing.
            (3)   An administrative notice shall contain the case number assigned to the application, the address of the property, a brief statement on the nature of the minor variation, the name and address of the property owner, the petitioner and their legal representative, and the date, time and location of the administrative hearing.
            (4)   For all applications for a minor variation, the director of community development shall also cause one or more signs to be posted on the property, which is the subject of the administrative hearing.
            (5)   The number and location of signs shall be determined by the director of community development.
            (6)   The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size, having letters a minimum of two inches (2") high, and contain the following information:
               (A)   The fact that an administrative hearing that affects the subject property will be held, with direction to interested members of the general public to call the office of the community development director for further information concerning date, time and place and subject matter of said administrative hearing.
               (B)   Any interested person may appear and be heard at the hearing and such appearance may be made in person, by agent (if a corporation), or in writing.
         c.   Appeal Of Director Of Community Development Decision: Any individual may file an appeal of the decision of the director of community development regarding a minor variation with the planning and zoning commission. Such appeal shall be filed with the director of community development within five (5) calendar days of the director's decision.
      12.   Additional Restrictions: In the granting of a variation, additional conditions and restrictions may be placed upon the premises, which are necessary to comply with the standards listed above and the objectives of this chapter.
      13.   Revocation: Where a variation has been granted pursuant to the provisions of this chapter, such approval shall become null and void unless a building permit is issued and work is substantially under way within twelve (12) months of the date of the variation, unless extended by the planning and zoning commission.
      14.   Effect Of Denial Of Proposal: No application for a variation which has been denied by the planning and zoning commission or village board shall be resubmitted for a period of one year from the date of the denial, except on grounds of new evidence or proof of change of condition found to be valid by the director of community development.
   D.   Amendments:
      1.   Intent: For the reason of promoting the purpose and intent of this chapter, the village board may amend the regulations of this zoning ordinance or amend zoning district boundaries by following the provisions set forth below.
      2.   Authority: The village board shall have final authority for amendments. The planning and zoning commission shall review applications for text amendments and map amendments. The planning and zoning commission shall prepare findings of fact and forward their recommendation to the village board for a final decision.
      3.   Initiation: Amendments to the text of the zoning ordinance may be proposed by the village board, planning and zoning commission, other village officials or any interested person or organization. Amendments to zoning district boundaries may be proposed by a property owner, contract purchaser, the village board, planning and zoning commission or other village official.
      4.   Filing Of Application: An application for an amendment shall be filed with the director of community development on forms obtained from the community development department. The director of community development, upon receiving a complete application for an amendment, shall forward the application, along with other data, to the planning and zoning commission for their review and recommendation to the village board.
      5.   Public Hearing: Public hearings shall be held in compliance with state statutes, and provisions of this chapter as described in subsection G of this section.
      6.   Recommendation By Planning And Zoning Commission: The director of community development shall submit the written recommendations of the planning and zoning commission on an application for an amendment to the village board within thirty (30) days of conclusion of the public hearing. Extension of this time period may be allowed by mutual consent of the applicant and the director of community development.
      7.   Action By The Village Board: The village board shall make a final decision on an application for an amendment after receiving the recommendation of the planning and zoning commission. Any amendment which fails to receive a favorable recommendation from the planning and zoning commission shall not be granted by the village board unless there is a concurring vote of five (5) if all seven (7) members of the corporate authorities are present and voting, and a concurring vote of four (4) if less than seven (7) members of the corporate authorities are present and voting.
In the case of a written protest against any proposed map amendment, signed by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjacent or across an alley, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the proposed amendment shall not be passed except by the voting requirements in the preceding paragraph.
      8.   Standards: The regulations of this chapter shall not be amended unless findings are made on the following standards:
         a.   Map Amendments: When a map amendment is proposed the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:
            (1)   Compatibility with existing uses of property within the general area of the property in question;
            (2)   Compatibility with the zoning classification of property within the general area of the property in question;
            (3)   The suitability of the property in question to the uses permitted under the existing zoning classification;
            (4)   Consistency with the trend of development in the general area of the property in question, including changes, which have taken place in its present zoning classification;
            (5)   The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification;
            (6)   The objectives of the current comprehensive plan for the village and the impact of the proposed amendment on the said objectives;
            (7)   The suitability of the property in question for permitted uses listed in the proposed zoning classification.
         b.   Text Amendments: When a text amendment is proposed, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:
            (1)   The degree to which the proposed amendment has general applicability within the village at large and not intended to benefit specific property.
            (2)   The consistency of the proposed amendment with the objectives of this chapter and the intent of the applicable zoning district regulations.
            (3)   The degree to which the proposed amendment would create nonconformity.
            (4)   The degree to which the proposed amendment would make this chapter more permissive.
            (5)   The consistency of the proposed amendment with the comprehensive plan.
            (6)   The degree to which the proposed amendment is consistent with village policy as established in previous rulings on petitioners involving similar circumstances.
      9.   Effect Of Denial Of Proposal: No application for a map or text amendment which has been denied by the village board shall be resubmitted for a period of one year from the date of the denial, except on the grounds of new evidence or proof of change of condition found to be valid by the director of community development.
      10.   Repeal Of Amendment: In any case where a map amendment has been granted and where no development has taken place within one year, the planning and zoning commission, after holding a public hearing, may recommend to the village board that such zoning be affirmed or repealed and rezoned to any other appropriate zoning classification. The village board may adopt an ordinance repealing a map amendment upon receiving the recommendation of the planning and zoning commission.
   E.   Appeals:
      1.   Authority: The planning and zoning commission shall hear and decide appeals from any administrative order, requirement, decision or determination made by the director of community development or other authorized official concerning the regulations of this chapter. Appeals from site plan review shall comply with the regulations of subsection H of this section.
      2.   Initiation: An appeal may be taken to the planning and zoning commission by any person, firm or corporation aggrieved by an administrative order, requirement, decision or determination of this chapter by the director of community development or other authorized official.
      3.   Filing Of Application: An application for an appeal shall be filed with the director of community development on forms obtained from the community development department who shall forward such appeal to the planning and zoning commission for their review and decision.
      4.   Public Hearing: A public hearing shall be conducted by the planning and zoning commission on the appeal application. Notice shall be as provided in subsection G of this section, in compliance with state statutes.
      5.   Decisions On Appeals: Any decisions by the planning and zoning commission on an appeal application shall be in all instances the final administrative determination and shall be subject to judicial review only in accordance with applicable statutes of the state.
   F.   Conditional Uses:
      1.   Intent And Applicability: The development and administration of this chapter is based upon the village being divided into zoning districts within which the use of land and buildings and the bulk and location of buildings and structures is substantially uniform. However, it is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district without consideration of the impact of those uses upon adjoining properties and their impact on the neighborhood in general. Such conditional uses fall into two (2) categories:
         a.   Uses publicly operated or uses traditionally promoting a public interest or benefit.
         b.   Uses entirely private in character but of a nature that their operation may present a different impact upon adjoining properties or the neighborhood in general.
      2.   Authority: Except as otherwise provided in section 14.316 of this chapter, the planning and zoning commission shall convene a public hearing on a conditional use application. The planning and zoning commission shall prepare findings of fact based on evidence presented addressing required standards, and submit a recommendation on an application to the village board for their review and final decision.
      3.   Initiation: Any person, firm, corporation, office or other legal entity having ownership interest in land, or a contractual interest that may become an ownership interest, may file an application with the consent of the property owner.
      4.   Filing Of Application: An application for a conditional use shall be filed with the director of community development on forms obtained from the community development department. The director shall, upon receiving a complete application for a conditional use, forward the application, along with other data considered important by the director, to the planning and zoning commission for their review and recommendation to the village board.
      5.   Public Hearings: A public hearing shall be conducted by the planning and zoning commission on the conditional use application. Notice shall be as provided in subsection G of this section, and in compliance with state statutes.
      6.   Recommendation By The Planning And Zoning Commission: The director of community development shall submit the written recommendation of the planning and zoning commission on an application for a conditional use to the village board within thirty (30) days of conclusion of the public hearing. Extension of this time period may be allowed by mutual consent of the applicant and the director of community development. For all petitions for conditional uses involving residential setback reductions in all yards in the R-X, R-1, and R-A zoning districts, which do not exceed twenty five percent (25%) of the setbacks requirement(s) of this chapter, the planning and zoning commission shall hear and decide as final administrative authority. The planning and zoning commission shall make recommendations to the village board on all conditional uses involving residential setback reductions in all yards in the R-X, R-1, and R-A zoning districts which are more than twenty five percent (25%) of the setback requirement(s) of this chapter.
      7.   Action By The Village Board:
         a.   The village board shall not act upon a proposed conditional use until it has received a written report and recommendation from the planning and zoning commission provided by the director of community development.
         b.   The village board may approve a conditional use by ordinance, deny, or refer back to the planning and zoning commission for further review. The village board may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use, as is deemed necessary for the protection of adjoining properties and the neighborhood in general and the public interest.
         c.   In all cases where the village board permits a conditional use, the authorizing ordinance shall specifically set forth the terms for operation of the conditional use.
         d.   Any conditional use which fails to receive a favorable recommendation from the planning and zoning commission shall not be granted by the village board unless there is a concurring vote of five (5) if all seven (7) members of the corporate authorities are present and voting, and a concurring vote of four (4) if less than seven (7) members of the corporate authorities are present and voting.
      8.   Standards: No conditional use shall be recommended for approval by the planning and zoning commission unless it finds:
         a.   That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;
         b.   That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located;
         c.   That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
         d.   That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided;
         e.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
         f.   That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; and
         g.   That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and zoning commission.
      9.   Conditions And Guarantees: In all cases where conditional uses are granted, and conditions regulating the use are established as described in subsection F8 of this section the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all regulating conditions.
      10.   Effect Of Denial Of Application: No application for a conditional use which has been denied by the village board shall be resubmitted for a period of one year from the date of denial, except on the grounds of new factual evidence, or a change in conditions which would alter the concept or intent of the request. Such changes may include reductions in density or building height, changes in land use and road standards and alignment, or conditions which would have a positive effect on surrounding property, and serve to address the circumstances of the denial of the original application. Such change or new evidence must be reviewed and acknowledged by the director of community development before a new application can be submitted for a public hearing.
      11.   Revocation:
         a.   In any case where the construction of an approved conditional use is not substantially under way, or if a use is not established or commenced in the building within one year from the date of granting thereof, and completed within eighteen (18) months, then, without further action by the village board, the conditional use or authorization thereof shall be null and void.
         b.   A conditional use may be revoked if conditional use as established or constructed on the site does not conform to the established conditions for approval. The director of community development will be responsible for advising the village board of any violations and the village board may then authorize the planning and zoning commission to schedule a public hearing to consider revoking the conditional use permit. After conducting the public hearing, the planning and zoning commission shall then prepare a written report and recommendation to submit to the village board. Upon receipt of the planning and zoning commission report, the village board shall then render a final judgment regarding rescinding the conditional use permit and accompanying ordinance.
      12.   Expiration And Transferability: The conditional use shall expire if the conditional use shall cease for more than twelve (12) months for any reason. However, the ownership of an authorized conditional use may be changed if the use remains unchanged.
      13.   Modification Or Intensification: Any modification or intensification of a conditional use which alters the essential character or operation of the use in a way not intended at the time the conditional use was granted shall require a new conditional use permit. Such conditional use permit shall be applied for prior to any modification of the use or property. The director of community development shall determine whether the proposed modification or intensification represents an alteration in the essential character of the original conditional use as approved. The operator of the conditional use shall provide the director of community development with all the necessary information related to the conditional use to render this determination.
   G.   Public Hearing Procedures:
      1.   Upon receipt of an application for a variation, amendment, conditional use or appeal, the director of community development shall review the application for completeness and assign a case number to the request.
      2.   Not more than thirty (30) days nor less than fifteen (15) days prior to the date an application is to be considered, the director of community development shall cause notice thereof to be published at least once in a newspaper of general circulation within the village.
      3.   Not more than thirty (30) days nor less than fifteen (15) days prior to the hearing, the director of community development shall cause a copy of the public notice to be mailed to all property owners within two hundred fifty feet (250'), exclusive of right of way width, of the parcel subject to the public hearing. The director shall cause the notice to be mailed according to the following:
         a.   For all applications for map amendment, conditional use, variation, or appeal requests concerning a single-family residential property, the community development department shall be responsible for mailing the notice.
         b.   For all applications for map amendment, conditional use, variation, or appeal requests concerning a nonsingle-family residential property, the applicant shall be responsible for mailing the notice. Upon delivery of the notice, the applicant shall attest in writing to the community development department indicating the date the notice was mailed and the list of property owners to whom the notice was mailed.
      4.   All published and mailed notices shall contain the case number assigned to the application, the common address of the property, or in the event that there is no common address, an appropriate description of the location of the property, a brief statement on the nature of the public hearing, the name and address of the property owner, the petitioners and their legal representative, and the date, time and location of the public hearing.
      5.   For all applications for map amendment, conditional use, variation, or appeal, the director of community development shall also cause one or more signs to be posted on the property which is the subject of the public hearing.
         a.   The number and location of signs shall be determined by the director of community development.
         b.   The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size, having letters a minimum of two inches (2") high, and contain the following information:
            (1)   The fact that a public hearing will be held to affect the subject property, with direction to interested members of the general public to call the office of the community development director for further information concerning date, time and place and subject matter of said public hearing.
      6.   Any interested person may appear and be heard at the hearing held concerning any such application for variation, amendment or conditional use, and such appearance may be made in person, by agent (if a corporation), or by attorney.
   H.   Administrative Site Plan Review:
      1.   Action By Director Of Community Development: Prior to the issuance of a building permit, the director of community development shall review and decide as final administrative authority, all applications for administrative site plan review for the following:
         a.   Construction Of New Buildings: Construction of new buildings within the downtown as defined in section 14.304.1 of this chapter.
         b.   Additions To Existing Buildings: Additions to existing buildings within the downtown as defined in section 14.304.1 of this chapter.
         c.   Exceptions: Any construction within the downtown which requires a variation, conditional use, or planned unit development shall be exempt from administrative site plan review.
      2.   Authority: The director of community development may, after an administrative review, grant or deny any proposed site plan, with or without conditions of approval, or may refer it to the village board for further consideration.
      3.   Initiation: An application for administrative site plan review may be made by any person, firm, other entity, corporation, or by any governmental entity requesting or intending to request application for a building permit. Preapplication meetings are available to discuss a proposed application and are encouraged.
      4.   Filing Of Applications: An application for administrative site plan review shall be filed with the director of community development on forms obtained from the community development department. Such form shall include all information necessary for processing the request, including, but not limited to, a statement of the proposed use, legal description of subject property, survey, site plan, building elevations, landscape plan, appropriate proof of ownership, or proof of authority. The application form may be revised from time to time.
      5.   Standards: No site plan shall be administratively approved unless the director of community development finds the application meets the following standards:
         a.   The submitted site plan conforms to all applicable village ordinances.
         b.   The proposed improvements support the goals and objectives stated in adopted village plans, including the comprehensive plan.
         c.   The site plan is reflective of the downtown design guidelines of section 14.304.1 of this chapter.
      6.   Appeals: The applicant may file an appeal of any administrative site plan review decision of the director of community development. Such appeal shall be filed with the director of community development within ten (10) business days of the decision.
         a.   Authority: The village board shall hear and decide appeals from any administrative order, requirement, decision or determination made by the director of community development or other authorized official concerning administrative site plan review.
         b.   Filing Of Application: An application for an appeal shall be filed with the director of community development, on forms obtained from the community development department, who shall forward such appeal to the village board for their review and decision.
         c.   Public Hearing: A public hearing shall be conducted by the village board on the appeal application. Notice shall be as provided in subsection G of this section, in compliance with state statutes.
         d.   Decisions On Appeals: Any decisions by the village board on a site plan review appeal application shall be in all instances the final administrative determination and shall be subject to judicial review only in accordance with applicable statutes of the state.
      7.   Schedule Of Construction: A site plan approval shall become null and void in the following circumstances:
         a.   The applicant fails to apply for a building permit within one year from the date of site plan approval.
         b.   A new application for administrative site plan approval has been received by the community development department for the same subject property. (Ord. 4590, 9-21-1993; amd. Ord. 5113, 6-6-2000; Ord. 5173, 3-6-2001; Ord. 5219, 11-6-2001; Ord. 5253, 5-21-2002; Ord. 5289, 11-19-2002; Ord. 5639, 7-17-2007; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013; Ord. 6246, 5-17-2016; Ord. 6583, 9-5-2021)