1. Purpose. The purpose of this Section is to establish the applicability, procedures, requirements, and approval standards for each of the Village's zoning applications.
2. Site Plan Review.
a. Purpose. The purpose of this site plan review application is to ensure development and redevelopment that is harmonious with surrounding properties, and consistent with the intent of the elements of the Comprehensive Plan and this Ordinance.
b. Applicability. This Ordinance classifies site plan review applications as either major site plan review approved by the Planning and Zoning Commission, or minor site plan review approved by the Zoning Administrator. Development that does not require major site plan review or minor site plan review is exempt from the site plan review application. Ordinary maintenance and repair of structures may be performed in any zoning district in accordance with § 156.11.D (Nonconforming Structures) provided that such activities would not initiate a major or minor site plan review.
(1) Major Site Plan Review. Approval of a major site plan review application shall be required for the following:
(a) New construction of a principal structure or use in any zoning district with the exception of single-unit and two-unit dwellings.
(b) An addition to a building in any zoning district that increases the gross floor area of the building by 10%, with the exception of single-unit and two-unit dwellings.
(c) New construction, expansion, or reconstruction of an off-street parking lot that results in 20 or more total parking spaces.
(2) Minor Site Plan Review. Approval of a minor site plan review application shall be required for the following:
(a) A change in the use of a lot in any zoning district.
(b) New construction of a single-unit or two-unit dwelling in any zoning district.
(c) Addition to a principal structure in any zoning district.
(d) New construction of an accessory structure, accessory use, temporary structure, or temporary use in any zoning district.
(e) New construction, expansion, or reconstruction of an off-street parking lot containing fewer than 20 parking spaces.
(f) New construction of tandem parking facilities.
(g) New construction of shared parking facilities.
(h) New construction of a permanent, non-exempt sign in any zoning district.
c. Procedure.
(1) Major Site Plan Review.
(a) Action by the Zoning Administrator.
i. An application for major site plan review shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).
ii. Upon the Zoning Administrator's determination that the application is complete, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon each of the standards of § 156.03.C.2.d (Standards for Site Plan Review), and schedule the application for consideration by the Planning and Zoning Commission.
(b) Action by the Planning and Zoning Commission.
I. The Planning and Zoning Commission shall conduct a public meeting on the application in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
ii. The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public meeting, and each of the standards of § 156.03.C.2.d (Standards for Site Plan Review).
iii. The Planning and Zoning Commission shall take action in the form of approval, approval with conditions, or denial of the application.
(2) Minor Site Plan Review.
(a) An application for minor site plan review shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).
(b) Upon the Zoning Administrator's determination that the application is complete, the Zoning Administrator shall evaluate the application based upon each of the standards of § 156.03.C.2.d (Standards for Site Plan Review).
(c) The Zoning Administrator shall prepare a report and render a decision within 21 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application. The 21-day period may be extended with the written consent of the applicant.
(d) If the Zoning Administrator denies an application for minor site plan review, the applicant may appeal the Zoning Administrator's decision to the Planning and Zoning Commission in accordance with § 156.03.C.8 (Zoning Appeal).
d. Standards for Site Plan Review. The Planning and Zoning Commission and Zoning Administrator shall evaluate applications for site plan review with specific written findings based on each of the standards of this Section.
(1) The site plan for the proposed development is consistent with the existing character and zoning of adjacent properties and other property within the immediate vicinity of the proposed development.
(2) The site plan for the proposed development will not adversely impact adjacent properties and other property within the immediate vicinity of the proposed development.
(3) The site plan for the proposed development will be provided with adequate utilities, access roads, circulation systems, parking, drainage, exterior lighting, and/or other necessary facilities.
(4) The site plan for the proposed development is designed to preserve the environmental resources of the lot.
(5) The site plan for the proposed development contains high quality design that is consistent with the design standards of the zoning district and includes appropriate color, shape, density, and structure styles which contributes positively to the Village's aesthetic, economic, and environmental appearance and image.
(6) The site plan for the proposed development is consistent with the intent of the elements of the Comprehensive Plan, this Unified Development Ordinance, and the other land use policies of the Village.
e. Amendment to Approved Site Plan. An approved site plan may be amended in accordance with the requirements of this Section.
(1) Major Amendments. Any amendment to an approved site plan that is not established as a minor amendment in § 156.03.C.2.e.(2) (Minor Amendments) shall be considered a major amendment. The Planning and Zoning Commission shall make a decision on a request for a major amendment in accordance with § 156.03.C.2.d (Standards for Site Plan Review).
(2) Minor Amendments. Any change to an approved site plan that minimally affects the essential design, composition, and character of the site plan may be considered a minor amendment. The Zoning Administrator shall make a decision on a request for a minor amendment in accordance with § 156.03.C.2.d (Standards for Site Plan Review) or determine that any received application shall be resubmitted as a major amendment in accordance with § 156.03.C.2.e.(l) (Major Amendments). Minor amendments shall include the following:
(a) Any change in the gross floor area of a building by less than 10%.
(b) Any change in the height of a building by less than 10%.
(c) Any change in the proportion of the lot coverage of the development by less than five percentage points.
(d) Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by less than five feet.
(e) Any change in the number of off-street parking spaces provided within the development by less than 10%.
f. Expiration of Site Plan Approval. Site plan approval shall expire and be revoked if either of the following conditions occur.
(1) A building permit has not been obtained for the use within six months after approval of the site plan. The applicant may, by means of written request, apply for one six-month extension of this period, which may be approved by the Zoning Administrator.
(2) The standards of this Ordinance or any of the terms and conditions of the site plan approval are violated.
3. Special Use Permit.
a. Purpose. The purpose of this special use application is to provide for uses, which may have a special, unique, or unusual impact upon the use of neighboring property.
b. No Presumption of Approval. A use established as a special use in Section 156.07 (Uses) does not constitute a presumption that an application for such special use will be approved. Each proposed special use shall be evaluated on an individual basis with regard to the applicable standards of this Ordinance to determine whether approval of the special use is appropriate at the particular location in the manner proposed.
c. Procedure.
(1) Action by the Zoning Administrator.
(a) An application for a special use permit shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).
(b) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of § 156.03.C.3.d (Standards for Special Use Permits), and schedule the application for consideration by the Planning and Zoning Commission.
(2) Action by the Planning and Zoning Commission.
(a) The Planning and Zoning Commission shall conduct a public hearing on the application in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
(b) The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of § 156.03.C.3.d (Standards for Special Use Permits).
(c) The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Planning and Zoning Commission may:
i. Recommend conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.
ii. Recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
(d) The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.
(3) Action by the Village Board.
(a) The Village Board shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.
(b) The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and each of the standards of § 156.03.C.3.d (Standards for Special Use Permits).
(c) The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration. In approving a special use permit, the Village Board may:
i. Require conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.
ii. Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
(d) A two-thirds favorable vote of the Village Trustees is required to approve the application if the Planning and Zoning Commission recommends denial of the application.
d. Standards for Special Use Permits. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for special use permits with specific written findings based on each of the standards of this Section.
(1) The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public.
(2) The proposed special use is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed special use.
(3) The proposed special use will not impede the normal and orderly development and improvement of adjacent properties and other property within the immediate vicinity of the proposed special use.
(4) The proposed special use will be provided with adequate utilities, access roads, drainage, and/or other necessary facilities.
(5) The proposed special use is consistent with the intent of the elements of the Comprehensive Plan, this Unified Development Ordinance, and the other land use policies of the Village.
e. Transferability. Special use permit approval runs with the land and is not affected by changes of ownership, tenancy, or management except in unique situations specified by the conditions of the approved special use permit.
f. Expiration of Special Use Permit Approval. Special use permit approval shall expire and be revoked if any of the following conditions occur.
(1) The use has not commenced or a building permit has not been obtained for the use within 18 months after approval of the special use permit. The applicant may, by means of written request, apply for one extension of this period for up to one additional year, which may be approved by the Zoning Administrator.
(2) The licenses or permits required for the operation or maintenance of the use are not obtained or are subsequently terminated.
(3) The standards of this Ordinance or any of the terms and conditions of the special use permit are violated.
(4) The operation of the use for which a special use permit has been issued ceases for a period of six consecutive months.
4. Floodplain Development Permit.
a. Purpose. The purpose of this floodplain development application is to ensure that all development within the Village's floodplain complies with the requirements of this Ordinance.
b. Applicability. No person, firm, corporation, or governmental body shall commence any development within the boundaries of the FO Floodplain Overlay District without first obtaining a floodplain development permit from the Zoning Administrator unless such development is exempted by state law.
c. Procedure.
(1) An application for a floodplain development permit shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure) and the following:
a. Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall evaluate the application based upon the requirements of § 156.06.L (FO Floodplain Overlay District Requirements).
b. The Zoning Administrator shall prepare a report and render a decision within 30 days after receipt of a complete application and take action in the form of approval or denial of the application.
5. Variation.
a. Purpose. The purpose of this variation application is to grant relief from the regulations of this Ordinance to the extent that literal enforcement of such regulations creates particular hardships or practical difficulties in developing property due to the unique attributes of the property. The purpose of the variation process is not to provide relief from the use permissions of this Ordinance.
b. Applicability. Any application for relief from the regulations of this Ordinance that is not established as an administrative adjustment in § 156.03.C.6 (Administrative Adjustments) shall be considered a variation. The Village Board shall not allow variations to the provisions of this Ordinance concerning permitted or special uses.
c. Procedure.
(1) Action by the Zoning Administrator.
(a) An application for a variation shall be filed with the Zoning Administrator in accordance with § 156.02.A.2 (Application Procedure).
(b) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon each of the standards of § 156.03.C.5.d (Standards for Variations), and schedule the application for consideration by the Planning and Zoning Commission.
(2) Action by the Planning and Zoning Commission.
(a) The Planning and Zoning Commission shall conduct a public hearing on the application in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
(b) The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of § 156.03.C.5.d (Standards for Variations).
(c) The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Planning and Zoning Commission may:
i. Recommend conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a variation as deemed necessary to protect the public interest.
ii. Recommend approval of a variation from the regulations of this Ordinance less than that requested by the applicant, if the Planning and Zoning Commission finds that the applicant is entitled to some relief, but not to the entire relief requested, based upon each of the standards of § 156.03.C.5.d (Standards for Variations).
iii. Recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
(d) The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.
(3) Action by the Village Board.
(a) The Village Board shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.
(b) The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and each of the standards of § 156.03.C.5.d (Standards for Variations).
(c) The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration. In approving a variation, the Village Board may:
i. Impose conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a variation as deemed necessary to protect the public interest.
ii. Grant a variation from the regulations of this Ordinance less than that requested by the applicant, if the Village Board finds that the applicant is entitled to some relief, but not to the entire relief requested, based upon each of the standards of § 156.03.C.5.d (Standards for Variations).
iii. Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
(d) A two-thirds favorable vote of the Village Trustees is required to approve the application if the Planning and Zoning Commission recommends denial of the application.
d. Standards for Variations. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for variations with specific written findings based on each of the standards of this Section.
(1) The proposed variation will not endanger the health, safety, comfort, convenience, and general welfare of the public.
(2) The proposed variation is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed variation.
(3) The proposed variation alleviates an undue hardship created by the literal enforcement of this Ordinance.
(4) The proposed variation is necessary due to the unique physical attributes of the subject property, which were not deliberately created by the applicant.
(5) The proposed variation represents the minimum deviation from the regulations of this Ordinance necessary to accomplish the desired improvement of the subject property.
(6) The proposed variation is consistent with the intent of the elements of the Comprehensive Plan, this Ordinance, and the other land use policies of the Village.
e. Transferability. Variation approval runs with the land and is not affected by changes of ownership, tenancy, or management.
f. Expiration of Variation Approval. Variation approval shall expire and be revoked if any of the following conditions occur.
(1) A building permit has not been obtained for the use within one year after approval of the variation. The applicant may, by means of written request, apply for one extension of this period for up to one additional year, which may be approved by the Zoning Administrator.
(2) The standards of this Ordinance or any of the terms and conditions of the variation for the use are violated.
6. Administrative Adjustment.
a. Purpose. The purpose of this administrative adjustment application is to grant relief from the regulations of this Ordinance within a narrowly defined set of circumstances to the extent that literal enforcement of such regulations creates particular hardships or practical difficulties in developing property due to the unique attributes of the property.
b. Applicability. Any application for relief from the regulations of this Ordinance that is established in this Section shall be considered an administrative adjustment, unless a public hearing is required for other elements of the application for the subject property, including, but not limited to, variations and special uses, then this Section does not apply.
(1) A reduction of the minimum required lot area by not more than 10%.
(2) A reduction of the minimum required lot width by not more than 10%.
(3) A reduction of the minimum required street frontage by not more than five percentage points.
(4) A reduction of the minimum required off-street parking by not more than 10%, or four spaces, whichever is higher.
(5) An increase in the maximum permitted lot coverage by not more than five percentage points.
(6) A reduction of the minimum loading requirements and/or approval for shared use of loading spaces for multiple users.
(7) An increase in the number of wall signs permitted per street frontage, provided that the total area does not exceed the allowance established in § 156.10.D.2.g (Wall Signs).
(8) Any change to the standards for temporary signs with permit requirements as established in § 156.10.E.3 (Temporary Signs with Permit Requirement).
c. Procedure.
(1) An application for an administrative adjustment shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).
(2) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall evaluate the application based upon each of the standards of § 156.03.C.6.d (Standards for Administrative Adjustments).
(3) Due to the nature of an application for an administrative adjustment, the Zoning Administrator may determine that the application must be resubmitted as a variation in accordance with § 156.03.C.5 (Variations) even if it meets the criteria for an administrative adjustment in § 156.03.C.6.b (Applicability).
(4) A property owner that receives notice of an administrative adjustment application may object to the application by written submission to the Zoning Administrator, prior to the Zoning Administrator's decision on the application. Any administrative adjustment application for which an objection is received from a noticed property owner shall be resubmitted as a variation in accordance with § 156.03.C.5 (Variations).
(5) The Zoning Administrator shall prepare a report and render a decision within 30 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application. In approving an administrative adjustment, the Zoning Administrator may:
(a) Require conditions upon the establishment, location, construction, maintenance, and operation of the property that receives an administrative adjustment as deemed necessary to protect the public interest.
(b) Grant an administrative adjustment less than that requested by the applicant if the Zoning Administrator finds that the applicant is entitled to some relief, but not to the entire relief requested, based on each of the standards of § 156.03.C.6.d (Standards for Administrative Adjustments).
(6) If the Zoning Administrator denies an application for an administrative adjustment, the applicant may resubmit the application as a variation in accordance with § 156.03.C.5 (Variations).
d. Standards for Administrative Adjustments. The Zoning Administrator shall evaluate applications for administrative adjustments with specific written findings based on each of the standards of this Section.
(1) The proposed administrative adjustment will not endanger the health, safety, comfort, convenience, and general welfare of the public.
(2) The proposed administrative adjustment is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed administrative adjustment.
(3) The proposed administrative adjustment alleviates an undue hardship created by the literal enforcement of this Ordinance.
(4) The proposed administrative adjustment is necessary due to the unique physical attributes of the subject property, which were not deliberately created by the applicant.
(5) The proposed administrative adjustment represents the minimum deviation from the regulations of this Ordinance necessary to accomplish the desired improvement of the subject adjustment.
(6) The proposed administrative adjustment is consistent with the intent of the elements of the Comprehensive Plan, this Ordinance, and the other land use policies of the Village.
e. Transferability. Administrative adjustment approval runs with the land and is not affected by changes of ownership, tenancy, or management.
f. Expiration of Administrative Adjustment Approval. Administrative adjustment approval shall expire and be revoked if any of the following conditions occur.
(1) A building permit has not been obtained for the use within one year after approval of the administrative adjustment. The applicant may, by written request, apply for one extension of this period for up to one additional year, which may be approved by the Zoning Administrator.
(2) The standards of this Ordinance or any of the terms and conditions of the administrative adjustment for the use are violated.
7. Zoning Text or Map Amendment.
a. Purpose. The purpose of this zoning text or map amendment application is to allow modifications to the text of the Unified Development Ordinance and the boundaries of the Zoning Map in response to changing conditions and policies.
b. Procedure.
(1) Action by the Zoning Administrator.
(a) An application for a zoning text or map amendment shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).
(b) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon a balance of the standards of § 156.03.C.7.c (Standards for Zoning Amendments) and schedule the application for consideration by the Planning and Zoning Commission.
(2) Action by the Planning and Zoning Commission.
(a) The Planning and Zoning Commission shall conduct a public hearing on a proposed zoning amendment in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
(b) The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and the standards of § 156.03.C.7.c (Standards for Zoning Amendments),
(c) For zoning text amendments, the Planning and Zoning Commission shall recommend approval, approval with modifications to the proposed text, or denial of the application.
(d) For zoning map amendments, the Planning and Zoning Commission shall recommend approval or denial of the application.
(e) The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.
(3) Action by the Village Board.
(a) The Village Board shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.
(b) The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and the standards of § 156.03.C.6.c (Standards for Zoning Amendments).
(c) For zoning text amendments, the Village Board shall take action in the form of approval, approval with modifications to the proposed text, denial, or referral of the application back to the Planning and Zoning Commission for further consideration.
(d) For zoning map amendments, the Village Board may take action in the form of approval, denial, or referral of the application back to the Planning and Zoning Commission for further consideration.
(e) A majority favorable vote of the Village Trustees is required to approve the application if the Planning and Zoning Commission recommends denial of the application.
(f) A two-thirds favorable vote of the Village Trustees is required if written protest is filed with the Village Clerk against the proposed zoning text or map amendment, signed by the owners of no less than 20% of the frontage along, immediately adjacent to, immediately across an alley from, or directly across the street from the subject property.
r. Standards for Zoning Amendments. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for zoning text or map amendments with specific written findings based on a balance of the standards for each type of amendment.
(1) Approval Standards for Text Amendments.
(a) The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.
(b) The proposed amendment corrects an error, adds clarification, or reflects a change in policy.
(c) The proposed amendment is consistent with the intent of the elements of the Comprehensive Plan, this Ordinance, and the other land use policies of the Village.
(2) Approval Standards for Map Amendments.
(a) The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.
(b) The proposed amendment is compatible with the existing uses, character, and zoning of adjacent properties and other property within the immediate vicinity of the proposed amendment.
(c) The proposed amendment provides a relative gain to the public, as compared to any hardship imposed upon an individual property owner.
(d) The proposed amendment addresses the community need for a specific use.
(e) The proposed amendment corrects an error, adds clarification, or reflects a change in policy.
(f) The proposed amendment is consistent with the intent of the elements of the Comprehensive Plan, this Ordinance, and the other land use policies of the Village.
8. Zoning Appeal.
a. Purpose. The purpose of this zoning appeal application is to provide for the review of decisions made by the Zoning Administrator in the course of carrying out the duties and responsibilities associated with this Ordinance.
b. Initiation. A zoning appeal may be proposed by any person aggrieved or adversely affected by an order, decision, determination or failure to act of the Zoning Administrator acting pursuant to his authority and duties under this Ordinance. A zoning appeal must be proposed within 30 days after the date of the decision being appealed.
c. Procedure.
(1) Action by the Zoning Administrator.
(a) An application for a zoning appeal shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).
(b) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission, and schedule the application for consideration by the Planning and Zoning Commission.
(2) Action by the Planning and Zoning Commission and Village Board.
(a) The Planning and Zoning Commission shall conduct a public hearing on a proposed zoning appeal in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
(b) The Planning and Zoning Commission shall take action in the form of reversing, affirming, or modifying the decision made by the Zoning Administrator.
(c) A party aggrieved by a decision of the Planning and Zoning Commission on appeal may appeal this decision to the Village Board. An application for appeal to the Village Board shall be filed no later than 15 days following the Planning and Zoning Commission's decision. Within 30 days of receiving a completed application for appeal, the Village Board will consider the appeal at a public meeting. The Village Board's decision on appeal shall be a final decision.
9. Zoning Interpretation.
a. Purpose. The purpose of this zoning interpretation application is to provide a process by which the standards of this Ordinance can be clarified and explained, in order to ensure consistent interpretation and application. Zoning interpretations are not intended to amend or modify the content of this Ordinance.
b. Limitation. All zoning interpretation requests shall be requested for the purpose of furthering an actual development or establishment or clarification of a use.
c. Procedure.
(1) An application for a zoning interpretation shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).
(2) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall render an interpretation within 30 days after receipt of the complete application.
(3) The determination of the Zoning Administrator may be appealed to the Planning and Zoning Commission in accordance with § 156.03.C.8 (Zoning Appeal).
10. Temporary Use Permit.
a. Purpose. The purpose of this temporary use permit application is to accommodate reasonable requests for temporary uses that are desirable for the community in the short term.
b. Applicability. An applicant must obtain a temporary use permit to establish a temporary use in accordance with § 156.07.E (Temporary Structures and Uses).
c. Procedure.
(1) An application for a temporary use permit shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).
(2) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall approve, approve with conditions, or deny the temporary use permit based on the standards of § 156.07.E (Temporary Structures and Uses), within 30 days after receipt of the complete application. Temporary uses not established in § 156.07.E (Temporary Structures and Uses) shall require approval by the Village Board through a zoning text or map amendment as established in § 156.03.C.7 (Zoning Text or Map Amendment).
d. Expiration of Temporary Use Permit Approval. The temporary use permit is valid for six months with one six-month renewal option at the Zoning Administrator's discretion.