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The regulations and standards, restrictions, and district boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or repealed. No such action may be taken unless and until:
(A) A written application is submitted to the Zoning Board. Such application may be initiated by the Village Board, the Planning Commission, or the owners of more than 50% of the area involved;
(B) Each such application, except that initiated by the Village Board or by the Planning Commission, shall be accompanied by a fee as may be determined by the Village Board to be paid by the applicant;
(C) At least 15-days’ but not more than 30-days’ notice of the time and place of the hearing of such action shall be published in an official paper or a paper of general circulation in the village. The notice of such hearing shall contain the information relating to such action. The applicant shall pay the cost of such publication;
(D) A public hearing shall be held. Any person may appear in person, by agent, or by attorney;
(E) The Zoning Board may, by majority vote, postpone or adjourn from time to time any public hearing. In the event of such postponement or adjournment, further publication of such action need not be made;
(F) Within 30 days after the close of the public hearing, the Zoning Board shall make a report to the Village Board; and
(G) Action of the Village Board.
(1) In the event that the report of the Zoning Board is adverse to such action referred to it, such action shall not be passed except by the favorable vote of two-thirds of all the members of the Village Board.
(2) In case of a written protest against any such action:
(a) Signed and acknowledged by the owners of 20% of the frontage, the zoning classification of which is proposed to be altered;
(b) Signed and acknowledged by the owners of 20% of the frontage immediately adjoining or across an alley from the frontage, the zoning classification of which is proposed to be altered; or
(c) Signed and acknowledged by the owners of 20% of the frontage directly opposite from the frontage, the zoning classification of which is proposed to be altered; and filed with the Village Clerk, such action shall not be passed except by the favorable vote of two-thirds of all the members of the Village Board.
(1977 Code, § 5-11-1) (Ord. passed 9-12-1966)
SUBDIVISIONS
To provide for an orderly growth of the village and to provide for the rules and regulations for subdividing within the village, the Village Board hereby adopts the following provisions as guide for all further developments.
(A) The subdivider shall furnish a recordable, acceptable plat and shall record the same in the proper county in the office of the Recorder of Deeds of said county. The plat must be approved by the Village Engineer.
(B) All roads of the subdivision shall meet the requirements of the state’s Motor Vehicle Department before blacktopping.
(C) There shall be adequate fire hydrants as in accordance with the rules and regulations of the Fire District and these shall be shown on the proposed plat upon installation.
(D) The subdivider shall furnish water mains with the mains being not less than four-inch mains, being standards as established by the American Waterworks Association, C900 water main to be tested at one and one-half times the system pressure.
(E) Curbing shall be optional at the subdivider’s discretion, but shall not be furnished by the village.
(F) Water mains shall be placed in the ground with a cover not less than four feet in depth.
(G) Water meters shall be installed by the subdivider in accordance with the rules and regulations of the ordinances of the village, and said meters shall be purchased only through the village. Each separate parcel shall have its own meter.
(H) All sewers and sanitation lines shall be in compliance with the statutes of the state.
(I) The village shall reserve the right to mark on the proposed plat of the subdivision the location for storm sewer catch basin, and to install same upon the completion of the sewer system.
(J) The subdivider shall dedicate a street not less than 75 feet, or more if the state’s Motor Vehicle Department has changed legislation demanding more; but the subdivider may dedicate a street of 50 feet by giving an easement to the village of a distance not less than ten feet on each side of the street for the purpose of the installation of the utilities.
(K) Alleys are not required by the village.
(L) Utilities are not required to be placed underground.
(M) Electric street lights shall be located and shown on the plat and shall be approved by the Village Board. All costs of acquiring and placing of the poles and lights shall be borne by the subdivider.
(N) All lights shall be of a LED description.
(O) All service lines shall be of a specification of type K copper.
(P) Driveways shall not be furnished, and in the event a lot owner cements his or her driveway and cements the easement hereinbefore given, or cements on the village property, this shall be the responsibility of the owner to replace, if necessary.
(Q) The planting of shrubs and trees upon the easement or right-of-way of the village shall be done at the expense and risk of the property owner.
(R) The village adopts the Standard Specifications for Road and Bridge Construction (2016) and the Bureau of Local Roads and Streets Manual (2008).
(1977 Code, § 5-12-1)
(A) Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Officer. The Zoning Officer shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.
(B) In case any structure is erected, constructed, reconstructed, altered, converted, or any structure or land is used in violation of this chapter:
(1) The Zoning Officer may revoke or suspend any permit issued by him or her which is authorized by this chapter; and
(2) The Zoning Officer, or any owner or tenant of real property in the same contiguous zoning district as the structure or land in question, in addition to other remedies, may institute an appropriate action or proceeding in any court of competent jurisdiction:
(a) To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use of any structure;
(b) To prevent the occupancy of the structure or land;
(c) To prevent any illegal act, conduct, business, or use in or about such structure or land; and/or
(d) To restrain, correct, or abate the violation.
(C) Any person, firm, or corporation, or agent, employee or contractor of such, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of any of the provisions of this chapter shall be subject to a fine between the amount of $25 and $500 or imprisonment for not more than 30 days, or both, for each offense, and said person, firm, or corporation shall pay all costs and expenses involved in the case. Each day a violation continues shall constitute a separate offense.
(D) Nothing herein contained shall prevent the village from taking such lawful action as is necessary to prevent or remedy any violation.
(1977 Code, § 5-10-7) (Ord. 9-12-1966; Ord. passed 2-11-1991)