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EXCEPTIONS AND MODIFICATIONS
When a lot which is an official lot of record at the time of adoption of this chapter does not comply with the area, yard or other requirements of this chapter, an application may be submitted to the Zoning Board of Appeals for a variance from the terms of this chapter in accordance with the procedure outlined in §§ 157.124 through 157.126 of this chapter, but that the charges and fees normally required for variances shall not apply to unimproved lots of record. Such a lot may be used as a building site; provided, however, that, the yard and other requirements of the district are complied with as closely as possible in the opinion of the Zoning Board of Appeals.
(Prior Code, § 151.055) (Ord. 176A, passed 2-6-1968)
(A) Allowable projections of residential structures into yards. Architectural features of residential buildings such as window sills, cornices, roof overhangs may project into the required yard; provided, such projection is not more than four feet and does not reach closer than four feet to any lot line.
(B) Allowable projections of business structures over sidewalk. Signs, awnings, canopies, marquees, are permitted to overhang the sidewalk in the C-1 General Retail District only; providing that, overhanging signs are a minimum of eight feet above the sidewalk at any point and that all other structures are a minimum of six feet eight inches above the sidewalk at any point.
(C) Allowable projections of accessory building into rear yard. One-story accessory buildings may project into rear yards abutting on an alley or easement; providing, such projection extends not closer than five feet to the rear lot line and two feet to a side lot line.
(Prior Code, § 151.056) (Ord. 176A, passed 2-6-1968)
The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, transmission towers, chimneys, smoke stacks, derricks, conveyors, flag poles, radio towers, masts and aerials.
(Prior Code, § 151.057) (Ord. 176A, passed 2-6-1968)
ADMINISTRATION
(A) Appointment. There is hereby created the Office of Zoning Administrator of the village. The Zoning Administrator of the village shall be appointed by the Village President with the advice and consent of the Village Board and at a salary of $50 per meeting of the Zoning Board of Appeals or Planning Commission. The Zoning Administrator shall have a one-year term or until his or her successor is appointed and has qualified. The Zoning Administrator may be an employee of the village, but shall not be an elected official, nor a member of the Zoning Board of Appeals or Planning Commission.
(B) Duties. In enforcing and administering this chapter, the Zoning Administrator shall:
(1) Issue all certificates and make and maintain records thereof;
(2) Conduct or cause to be conducted inspections of buildings, structures and uses of land to determine compliance with the terms of this chapter;
(3) Maintain permanent and current records of the chapter, including, but not limited to, all maps, amendments and special uses, variations, appeals and applications therefor;
(4) Receive, file and forward to the Zoning Board of Appeals and Planning Commission, and Village Board all applications for appeals, variations, special uses, amendments and other matters on which such boards and commission are required to act under this chapter or under Ch. 155 of this code of ordinances;
(5) Provide such clerical and technical assistance as may be required by the Zoning Board of Appeals and Planning Commission in the exercise of their duties;
(6) Be mindful of the requirements of this chapter while administering other ordinances pertaining to buildings, subdivisions and the like;
(7) Assist applicants with drafting of newspaper notices required by this chapter; and
(8) Turn over to the office manager all application and other fees received by the Zoning Administrator.
(Prior Code, § 151.061) (Ord. 96-010, passed 4-1-1996)
Cross-reference:
Zoning Administrator, see § 150.03
(A) (1) Establishment. There is hereby established a commission known as the Planning Commission of the village. The Planning Commission shall consist of five members who shall be qualified as officers of the village. They shall be the same persons who comprise the Zoning Board of Appeals.
(2) Jurisdiction and duties.
(a) The Planning Commission is hereby vested with the following powers and duties in the administration of this chapter:
1. To meet whenever requested by the committee of the Village Board having jurisdiction over planning and zoning to discuss matters of interest to that committee;
2. To post or publish notices of public hearing, and to hold such hearings as requested by the applicable statutes of the state, pertaining to proposed amendments to the regulations imposed and the districts created by this chapter, pertaining to initial zoning of property upon annexation or in accordance with annexation agreements, and to proposed special uses, as established in this chapter;
3. To make written reports and recommendations to the Village Board on any such proposed amendments, zoning upon annexation or proposed special uses;
4. To initiate, direct and review, from time to time, studies of the provisions of this chapter and to make reports of its recommendations to the Village Board;
5. To hear and decide all matters which it is required to act upon under this chapter;
6. If requested by the Village Board, to prepare a Comprehensive Plan; and
(b) The jurisdiction of the Planning Commission is not limited to zoning; for example, the Planning Commission has other duties under Ch. 155 of this code of ordinances.
(Prior Code, § 151.062)
(B) (1) All meetings requested of the Planning Commission shall be held at the call of the Chairperson, and at such other times as the Commission may determine. All testimony by witnesses at any hearing provided for in this chapter shall, at the option of the Chairperson, be given under oath. The Chairperson, or in the Chairperson’s absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall comply with the Open Meetings Act. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Planning Commission shall immediately be filed in the office of the Village Clerk and shall be a public record.
(2) The concurring vote of a majority of a quorum of the Planning Commission, is necessary to decide in favor of the applicant any matter under this chapter, or to recommend any amendment or special use to the Village Board.
(3) The Planning Commission may have rules of procedure which shall be approved from time to time by the Village Board.
(Prior Code, § 151.063)
(Ord. 96-010, passed 4-1-1996; Ord. 2001-014, passed 8-6-2001; Ord. 2010-029, passed 8-2-2010)
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