A. Exceptions: The village council may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter:
1. Application for any exception shall be made by a verified petition of the applicant for a site development permit, stating fully the grounds of the petition and the facts relied upon by the applicant. Such petition shall be filed with the site development permit application. In order for the petition to be granted, it shall be necessary that the village council find all of the following facts with respect to the land referred to in the petition:
a. That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record, that it is impossible or impractical for the applicant to comply with all of the requirements of this chapter;
b. That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
c. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
2. Each application for an exception shall be referred to the village council for review.
3. The village council shall hold a public hearing on each application for exception, within thirty (30) days after receiving application, in the manner provided with respect to appeals. After public hearing, the village council may approve the site development permit application with the exceptions and conditions it deems necessary or it may disapprove such site development permit application and exception application or it may take such other action as appropriate.
B. Stop Work Order; Revocation Of Permit: In the event any person holding a site development permit pursuant to this chapter violates the terms of the permit, or carries on site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood of the development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the village council may suspend or revoke the site development permit.
1. Suspension of a permit shall be by a written stop work order issued by the village council and delivered to the permittee or his agent or the person performing the work. The stop work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. A stop work order shall remain in effect until the next regularly scheduled meeting of the village council at which the conditions of the subsections below can be met.
2. No site development permit shall be permanently suspended or revoked until a hearing is held by the village council. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state:
a. The grounds for complaint or reasons for suspension or revocation, in clear and concise language; and
b. The time when and place where such hearing will be held. Such notice shall be served on the permittee at least five (5) days prior to the date set for the hearing. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his behalf. At the conclusion of the hearing the village council shall determine whether the permit shall be suspended or revoked.
C. Violations And Penalties: No person shall construct, enlarge, alter, repair, or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration. (Ord. 10-09, 8-17-2010)