§ 151.133 PROCEDURES FOR REQUESTING A VARIANCE.

   The procedures to be followed by the Board of Zoning Adjustment shall be as follows.

   (A)   Appeals to the Board may be taken by any person aggrieved or by any officer, department, or governmental agency affected by any decision of the Zoning Administrator. Such appeal shall be made within ten days from the date of decision by any official or department. The appeal filed in writing shall define the appeal being requested and the grounds therefore. The officer from whom the appeal is taken shall forthwith transmit to the Board of Zoning Adjustment all the paper constituting the record upon which the action appealed from was taken.

   (B)   The Chairperson of the Board shall set a hearing within 30 days of receipt of the appeal. The time, date, place of the hearing, and description of the request shall be published in a local newspaper of general circulation ten days prior to the actual hearing. The Board shall also notify the interested parties in the case of the hearing date, time, and place.

(Ord. passed 8- -2010)

§ 151.134 APPEALS FROM THE BOARD OF ZONING ADJUSTMENT.

   Any person or persons, jointly or separately, aggrieved by any decision of the Board of Zoning Adjustment, or any officer, departments, board, or bureau of the village, may seek review of such decision by the District Court for the village in the manner provided by the laws of the state and particularly by Neb. RS 19-912.

(Ord. passed 8- -2010)

ADMINISTRATIVE PROVISIONS, ENFORCEMENT, AND FEES

§ 151.145 ZONING ADMINISTRATOR.

   This chapter shall be enforced and administered by a zoning administrator who shall be appointed by the Board of Trustees and who may be provided with the assistance of such other persons as the Board of Trustees may direct in order to carry out the following duties and responsibilities:

   (A)   Approve and issue all building permits and occupancy certificates when compliance is made with this chapter;

   (B)   Conduct inspections of buildings, structures, and uses of land to determine compliance with the provisions of this chapter;

   (C)   Receive, file, and forward to the Board of Zoning Adjustment the records in all appeals for variances;

   (D)   Maintain permanent and current records of this chapter, including, but not limited to, all zoning maps, amendments, special use permits, variances, appeals, and applications thereof and records of hearings thereon;

   (E)   Prepare and have available in book, pamphlet, or map for each year.

      (1)   The compiled text of this chapter and amendments thereto, including all amendments adopted through the preceding December 31; and

      (2)   A zoning map or maps, showing the zoning districts, divisions, and classifications in effect on the preceding December 31.

   (F)   Whenever the Zoning Administrator shall find that any of the provisions of this chapter have been or are being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He or she may order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings, structures, or additions or alterations thereto; discontinuance of any illegal work being done; or take any other appropriate action authorized by this chapter to ensure compliance with, or to prevent violation of, its provisions.

(Ord. passed 8- -2010)

§ 151.146 BUILDING PERMITS REQUIRED.

   (A)   General. No building or other structure shall be erected, moved, added to, or structurally altered without a building permit first having been issued by the Zoning Administrator. No building permit shall be issued unless the proposed construction or use is in conformance with all of the provisions of this chapter and with all other applicable codes, regulations, and laws of the village and with all orders, and variances lawfully issued by the Board of Adjustment. A building permit shall not be required for agricultural (non-residential) buildings or structures in the AGR Agricultural Districts or for improvements which have a value of $1,000 or less. If the work for which a permit has been issued shall not have begun within six months of the date thereof, or if the construction shall be discontinued for a period of six months, the permit shall be void. Before work can be resumed, a new permit shall be obtained in the same manner and form as an original permit.

   (B)   Application for building permit. All applications for a building permit shall be accompanied by a plot plan showing the location, ground area, height, and bulk of all present and proposed structures, additions, parking areas, and site improvements; the actual dimensions and shape of the lot lines; the uses to be built upon; the building lines in proposed structures or additions; and any other reasonable and pertinent information as may be required by the Zoning Administrator or the proper enforcement of this chapter.

   (C)   Approval or disapproval of permit. The Zoning Administrator shall examine all applications for building permits, including plans, specifications, and documents filed therewith and shall either approve or disapprove such application within 30 days of receipt of same. Upon approval and receipt of required fees, the Zoning Administrator shall promptly issue the building permit and shall affix his or her signature to the permit and the plans and mark the plans “Approved.” Upon disapproval of the application, the Zoning Administrator shall refuse to issue the permit and shall state in writing on the plans the reasons for disapproval, affix his or her signature, and mark the plans “Disapproved.”

   (D)   Appeal from approval or disapproval. An appeal from approval or disapproval of any application shall be made to the Board of Zoning Adjustment in writing within ten days after the determination of the Zoning Administrator has been filed.

(Ord. passed 8- -2010) Penalty, see § 151.999

§ 151.147 CERTIFICATION OF OCCUPANCY REQUIRED.

   (A)   General. No building, structure, or land shall be used or occupied, in whole or in part, nor shall any change made in the use or type of occupancy of an existing building or structure requiring a building permit, nor shall any change be made in the use of land, except to any use which is primarily agricultural, unless a certificate of occupancy shall be issued by the Zoning Administrator in accordance with this chapter.

   (B)   Temporary certificate. Upon request, the Zoning Administrator may issue a partial certificate of occupancy for a period not to exceed 90 days, for a building or structure or part thereof, before the entire work covered by the building permit shall have been completed; provided such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.

   (C)   Application for certificate of occupancy. All applications for certificate of occupancy shall be made by the owner or his or her agent and shall be accompanied by an affidavit of the owner, registered architect, licensed professional engineer, or superintendent of construction who shall state that he or she has examined the approved plans of the structure, that said structure has been erected in accordance with the approved plans, and that it complies with this chapter and all local code and resolutions/ordinances governing building construction. The application and affidavit shall be filed with the Zoning Administrator.

   (D)   Issuance of certificate of occupancy. Before issuing a certificate of occupancy, the Zoning Administrator shall examine all buildings, structures, or sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish, or change the use or occupancy. The Zoning Administrator shall maintain a record of all examinations and inspections, together with a record of findings of violations of the law.

   (E)   A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect so long as such building or land is used as authorized in the certificate of occupancy.

(Ord. passed 8- -2010) Penalty, see § 151.999

§ 151.148 SCHEDULE OF FEES.

   The schedule of fees shall be established for this chapter by the Board of Trustees. The schedule of fees shall be posted in the office of the Zoning Administrator and may be altered or amended only by the Board of Trustees. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. passed 8- -2010)