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ADMINISTRATION AND ENFORCEMENT
The Trustee who is Chairperson of the Village Planning and Zoning Committee is hereby designated as the Zoning Administrator and shall perform the following duties:
(A) Review all applications pertaining to land use, including, but not limited to, requests for annexation, subdivisions, special use, nonconforming use, variances, and appeals. Upon review, the applications will be referred to the unit of government he deems has jurisdiction on the requested action.
(B) Maintain permanent and current records of the zoning code including all major amendments, conditional uses, nonconforming uses, and variances.
(C) Coordinate the activities of the Planning, Zoning and Development Commission and the Enforcement Officer.
(D) Direct the preparation of the revised village zoning map no later than March 31 of each year, showing existing zoning uses, divisions, restrictions, regulations, and classification of the village for the preceding year, providing there is a change to such zoning use or classification in the village.
(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95)
(A) It shall be the duty of the Building Commissioner/Inspector to enforce this chapter. Appeal from the decision of the Building Commissioner/Inspector may be made to the Planning, Zoning and Development Commission.
(B) The Building Commissioner/Inspector shall have the following duties:
(1) Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this chapter. In regard to performance standards, the Zoning Enforcement Officer may require the services of a testing laboratory to determine compliance. The cost of employing said testing laboratory shall be paid for by the owner if a violation of this chapter is established; otherwise by the village.
(2) Notify, in writing any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it.
(3) Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions, or alterations; order discontinuance of illegal work being done; or take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.
(4) Maintain a current file of all permits, all certificates, all registers of pollutants, and all copies of all notices of violation, discontinuances, or removal for such time as necessary to insure a continuous compliance with the provisions of this chapter, and on request, provide information to any person having a proprietary or tenancy interest in any specific property.
(5) Provide technical assistance to the Planning, Zoning and development Commission.
(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95)
(A) Subsequent to the effective date of this chapter no change in the use occupancy in any existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the Building Commissioner/Inspector. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter.
(B) No permit for excavation for, or the erection or alteration of any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance.
(C) A record of all certificates of occupancy shall be kept in the office of the Building Commissioner/ Inspector and copies shall be furnished on request to any person having propriety or tenancy interest in land or in a building affected by such certificate of occupancy.
(D) A certificate of occupancy shall be required of all nonconforming uses of land or buildings created by the passage of this chapter. Application for such certificates of occupancy for nonconforming uses shall be filed with the Zoning Administrator by the owner or lessee of the land or building occupied by such nonconforming use within one year from the effective date of this chapter. It shall be the duty of the Building Commissioner/Inspector to issue a certificate of occupancy for nonconforming use.
(E) Any nonconforming use for which an occupancy permit has not been obtained in conformity with the requirements of division (D) shall be presumed to be operating in violation of this chapter and such use shall thereupon be abated.
(Ord. 77-03, passed 1-19-77) Penalty, see § 159.99
Each application for a building permit shall be accompanied by a plat, in duplicate, or duplicate prints thereof, drawn to scale, showing the actual dimension of the lot to be built upon, the size, shape, and location of the building to be erected, the size, shape, and location of any existing buildings, and such other information as may be necessary to provide for the enforcement of this chapter. A record of applications and plats shall be kept in the office of the Building Commissioner/Inspector.
(Ord. 77-03, passed 1-19-77)
The regulations imposed and the districts created by this chapter may be amended from time to time, but no such amendments shall be made until a public hearing has been held, and a report and recommendations have been made thereon by the Village Planning, Zoning and Development Commission. At least 15 days notice of the time and place of such hearing shall be published in an official paper of general circulation in the village. In case of written protest against any proposed amendment, signed and acknowledged by the majority owners of the frontage immediately adjoining or across an alley therefrom, or by the majority owners of the frontage directly opposite the frontage proposed to be altered as to such regulation or district filed with the Village Clerk, such amendment shall not be passed except by the favorable vote of two-thirds of all the members of the Board of Trustees.
(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95)
(A) The following fees are hereby established for the filing of applications for zoning amendments, variances, special uses or continuances:
Services | Fee |
For all applications for single family owner occupied residential variances | $ 75.00* |
For non-owner occupied and commercial property variances | $150.00* |
For continuances | $40.00* |
* plus cost of advertising and engineering fees
(B) The fee for publication, transcripts, and preparation of ordinances shall be paid by the appellant. The fee for continuances may be waived at the discretion of the Village Planning, Zoning and Development Commission.
(C) For transcripts on appeal to the circuit court: transcripts, necessary upon appeal to the circuit court shall be furnished by the appellant. These may be obtained, upon payment of the current charge, from the reporting service employed by the Planning, Zoning and Development Commission to take the testimony given at the public hearings.
(D) The Board may waive the transcription and ordinance preparation costs where it is determined that the appellant is unable to pay for the same. The following fee schedule shall apply to planned developments:
(1) For filing and zoning amendment, $200 for each preliminary development plan at the time the plan is submitted.
(2) For the examination and inspection of the preliminary development plan $100 for each net acre for the first five acres or fraction thereof, plus $50 for each additional net acre or fraction thereof, at the time the preliminary plan is submitted.
(3) For examination and inspection of each stage of the final development plan, $100 for each net acre or fraction thereof.
(4) An additional fee of $150 to cover renotification of interested persons and office expense shall be charged when a continuance of any hearing is requested by the applicant or opponent.
(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95; Am. Ord. 99-07, passed 2-17-99; Am. Ord. 2002-015, passed 9-4-02)
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