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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)
(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
(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
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)
(A) General. The Board of Trustees may from time to time supplement, change, or generally revise the boundaries or regulations contained in this chapter. A proposal for such amendment may be initiated by the Board of Trustees, Planning Commission, or upon application of the owner of the property affected. A filing fee established by the Board of Trustees is required for each application to be considered by the Planning Commission.
(B) Submission to Planning Commission.
(1) All such proposed amendments shall first be submitted to the Planning Commission for recommendation and report. Upon the development of tentative recommendations, the Planning Commission shall hold a public hearing thereon and shall cause an accurate written summary to be made of proceedings, and shall give notice in like manner as that required for the original zoning recommendations. Such notice shall fix the time and place for such hearing and contain a statement regarding the proposed changes in regulations or restrictions or in the boundary of any district.
(2) If such proposed amendment is not a general revision of an existing provision of this chapter, and will affect specific property, it shall be designated by legal description and general street location and in addition to such publication notice, written notice of such proposed amendment shall be mailed to all owners of lands located within 300 feet of the area proposed to be altered and an opportunity granted to interested parties to be heard.
(C) Amendment consideration and adoption.
(1) The procedure for the consideration and adoption of any such proposed amendments, to this chapter, shall be in like manner as that required for the consideration and adoption of the ordinance except herein before or herein after modified. For action on zoning amendments, a quorum of the Planning Commission is more than one-half of all the members. A vote either for or against an amendment by a majority of all the Planning Commission members present constitutes a recommendation of the Commission; whereas a vote either for or against an amendment by less than a majority of the Planning Commission present constitutes a failure to recommend.
(2) When the Planning Commission submits a recommendation of approval or disapproval of such amendment, the Board of Trustees, if it approves such recommendation, may either adopt such recommendation by ordinance or take no further action thereof as appropriate. In the event the Planning Commission submits a failure to recommend, the Board of Trustees may take such action as it deems appropriate. Upon receipt of a recommendation of the Planning Commission which the Board of Trustees disapproves, the said governing body shall return such recommendation to the Planning Commission with a statement specifying the basis for disapproval, and such recommendation shall be considered in like manner as that required for the original recommendation returned to the Planning Commission. If such amendment shall affect the boundaries of any district, the ordinance shall define the change or the boundary as amended, shall order the official zoning map(s) to be changed to reflect such amendment, and shall amend the section of the ordinance incorporating the same and reincorporate such map as amended.
(D) Protest. Regardless of whether or not the Board of Trustees approves or disapproves a proposed zoning amendment or fails to recommend, if a protest against such amendment be filed in the office of the Village Clerk within 14 days after the date of the conclusion of the public hearing pursuant to said publication notice, duly signed and acknowledged by the owners of 20% or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 100 feet there from, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of two-thirds majority of the Board of Trustees.
(Ord. passed 8- -2010)
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