[Amended 2-27-2012 by Ord. No. 12-03]
A.
Building permit. It shall be unlawful to commence the construction,
alteration, repair, restoration, removal, or demolition of any structure
in the Village without obtaining a building permit from the Village.
The Building Officer shall issue no building permit unless he or she
has determined that the plans for the property for which the permit
is sought comply with all applicable provisions of this chapter and
with other applicable codes and ordinances of the Village.
B.
Repair or replacement policy.
(1)
A
building permit shall not be required if a homeowner is simply repairing
or replacing a previously approved improvement on a property. In order
to comply with this standard, the work must comply with each of the
following conditions:
(a)
The repair or replacement materials are the same in size; i.e.,
it does not encroach any further, is the same in height or width as
the present improvement.
(b)
The quality of the materials utilized during repair or replacement
must be the same or perform better.
(c)
None of the work entails replacement of major electrical or
plumbing system improvements.
(d)
The current improvement complies with the current Village Code and
is not considered nonconforming.
(2)
Failure to meet all of the aforementioned standards requires
the improvement to receive a building permit prior to its commencement.
Final interpretation of this section shall be determined by the Zoning
Administrator.
C.
Certificate of occupancy.
(1)
The Building and Zoning Official shall issue no certificate
of occupancy for a new or remodeled premises unless he or she has
inspected the premises after completion of all construction and certified
that the premises are in conformity with the plans on which the building
permit was based. He or she shall likewise issue no certificate of
occupancy for a change of occupancy without certifying that the proposed
occupancy will be in conformance with all applicable regulations herein.
[Amended 7-27-2016 by Ord. No. 16-16]
(3)
A temporary certificate of occupancy for a period not to exceed
six months may be issued, consistent with the safety of the occupants,
for occupancy or partial occupancy pending completion of construction
or alterations.
(4)
The Building and Zoning Official shall either issue or deny
a certificate of occupancy within 20 days of application therefor.
The Building and Zoning Official shall advise the applicant in writing
of the reasons for any denial.
[Amended 7-27-2016 by Ord. No. 16-16]
The Zoning Administrator is hereby designated and authorized
to enforce this chapter.
[Amended 9-12-1994 by Ord. No. 94-26; 4-26-1999 by Ord. No. 99-2; 10-25-1999 by Ord. No. 99-17; 2-23-2009 by Ord. No. 09-10; 5-26-2009 by Ord. No.
09-18]
A.
Authority and powers. The Planning Commission of the Village is the
"Planning Commission" referred to in this chapter. The Planning Commission
shall consist of the Village President, an additional Trustee to be
chosen by the Village President and the Board of Trustees and the
seven public members of the Zoning Board of Appeals. The Planning
Commission shall have such powers and duties as are now or may hereafter
be given to it by law and is hereby vested with the power and responsibility
to:
[Amended 7-27-2016 by Ord. No. 16-16]
(1)
Prepare and recommend to the Village Board a Comprehensive Plan
and any additional plans for the development and redevelopment of
the Village and its extraterritorial planning jurisdiction.
(2)
File an annual report with the President and Village Board setting
forth its transactions and recommendations.
(3)
Keep written minutes of its proceedings, which shall be a public
record.
(4)
Adopt bylaws and any other procedural rules consistent with
this and other Village ordinances and state law.
(5)
Prepare and recommend to the Village Board changes in any Village
plan or part thereof.
(6)
Prepare and recommend to the Village Board proposals for specific
improvements to carry out Village plans.
(7)
Cooperate with county and regional planning commissions and
other groups to promote coordinated planning.
(8)
Recommend to the Village Board the employment of such professional
planning, legal, engineering, or administrative assistance as is necessary
to fulfill its responsibilities.
(9)
Advise the Zoning Board of Appeals on plan provisions and other
planning factors related to the Zoning Board of Appeals' review of
zoning petitions.
B.
Appointments.
(1)
The President shall, with the advice and consent of the Village
Board:
(a)
Appoint all members.
(b)
Appoint one member to serve as Chairperson and another member
to serve as Vice Chairperson, who shall serve as Acting Chairperson
in the Chairperson's absence.
(c)
Appoint a new member to fill the unexpired term of any member
whose place has become vacant and appoint a new Chairperson should
that office be vacated.
(d)
Have the power to remove any member for cause after a public
hearing.
(2)
All successors to the original members shall be appointed for
a term of five years.
C.
Meetings.
(1)
All meetings shall be held at the call of the Chairperson and
at such other times as the Planning Commission shall determine and
shall be open to the public. No meeting shall be conducted in the
absence of a quorum.
(2)
The Planning Commission shall keep minutes of its proceedings.
The minutes shall show the vote, or absence or abstention, of every
member upon every official action, and shall be a public record on
file in the office of the Village Clerk.
D.
Compensation. Planning Commission members shall not be paid.
[Amended 9-12-1994 by Ord. No. 94-26; 2-23-2009 by Ord. No. 09-10; 5-26-2009 by Ord. No. 09-18]
A.
Authority and power. The Zoning Board of Appeals of the Village is
the "Zoning Board of Appeals" referred to in this chapter. The Zoning
Board of Appeals shall consist of seven members. These members, who
shall be qualified electors of the Village, shall be selected and
appointed by the Village President, by and with the advice and consent
of the Board of Trustees. The Zoning Board of Appeals is hereby vested
with the power and responsibility to:
(2)
Hear and make final determinations on all appeals.
(3)
Keep written minutes of its proceedings, which shall be a public
record.
(4)
Adopt bylaws and any other procedural rules consistent with
this chapter and other Village ordinances and state law.
(5)
Recommend to the Village Board the employment of such professional
zoning, legal, engineering, or administrative assistance as is necessary
to fulfill its responsibilities.
(6)
Hear all other matters referred to it by the Village Board.
(7)
The concurring vote of four members of the Zoning Board of Appeals
shall be required to take action on all such matters. The Zoning Board
of Appeals is also empowered to initiate, direct, and review studies
of the provisions of this chapter and to make recommendations to the
Village Board thereupon at least once a year.
B.
Appointments.
(1)
The President shall, with the advice and consent of the Village
Board:
(a)
Appoint all members.
(b)
Appoint one member to serve as Chairperson and another to serve
as Vice Chairperson to serve as Acting Chairperson in the absence
of the Chairperson.
(c)
Appoint a new member to fill the unexpired term of any member
whose place has become vacant and appoint a new Chairperson should
that office be vacated.
(d)
Have the power to remove any member for cause after a public
hearing.
(2)
All successors to the original members shall be appointed for
a term of five years.
C.
Meetings.
(1)
All meetings of the Zoning Board of Appeals shall be held at
the call of the Chairperson and at such other times as the Zoning
Board of Appeals may determine and shall be open to the public, except
when an executive session is authorized by law.
(2)
The minutes of all meetings shall show the vote, or absence
or abstention, of every member upon every official action. All decisions
of the Zoning Board of Appeals shall be a public record on file in
the office of the Village Clerk.
(3)
Any Board member absent during proceedings before the Zoning
Board of Appeals who certifies that he or she has read the transcript
or listened to a tape recording of such proceedings may vote on any
question heard during such proceedings.
D.
Compensation. Members of the Zoning Board of Appeals shall be paid
a stipend of $30 per meeting, for each meeting attended; provided
that no member of the Zoning Board of Appeals shall be paid more than
$720 in any year.
[Amended 7-27-2016 by Ord. No. 16-16]
A.
Zoning Administrator. The Zoning Administrator of the Village shall
be charged with the enforcement of this chapter. In discharging this
responsibility, he or she shall:
(1)
Issue certificates of occupancy, conditional use permits, temporary
use permits, sign permits, and other permits or certificates provided
for herein.
(2)
Conduct inspections of structures and uses to determine compliance
with this chapter.
(3)
Notify in writing any party believed to be responsible for violating
a provision of this chapter and order action to correct the violation.
(4)
Prepare and cause to be published on or before March 31 of each
year a Zoning District Map as amended through the preceding December
31.
(5)
Attend all meetings of the Zoning Board of Appeals.
(6)
Provide clerical or technical assistance to the Zoning Board
of Appeals.
(7)
Request the assistance and cooperation of other Village officials,
departments, boards, or commissions, or other agencies as necessary
in the discharge of his or her duties.
(8)
Procure such engineering, planning, or legal assistance from
technical experts outside the Village government as may be necessary
to discharge his or her duties and as is authorized by the Village
Board.
B.
Village Clerk. The Village Clerk or a Deputy Clerk shall have the
responsibility to:
(1)
Receive and forward to the Zoning Board of Appeals all applications
and notices required by this chapter.
(2)
Maintain records of applications filed, public hearings held,
permits and certificates issued, inspections made, reports rendered,
and notices or orders issued under the provisions of this chapter.
A.
Applicability. Any party aggrieved by an administrative order, requirement,
decision, or determination made under this chapter by the Zoning Administrator,
Building Officer, or other authorized administrative official, board,
commission, or department of the Village other than the Village Board
may appeal to the Zoning Board of Appeals.
B.
Notice of appeal. A notice of appeal shall be filed with the Zoning
Administrator within 45 days of the order or decision being appealed.
The notice shall contain:
[Amended 7-27-2016 by Ord. No. 16-16]
(1)
The name, address, and telephone number of the party filing
the appeal.
(2)
The location of the property affected by the decision being
appealed.
(3)
Identification of the provision of the chapter governing the
decision being appealed.
(4)
A statement of the grounds on which the appeal is based.
(5)
The reason given by the administrative official or body for
the decision.
(6)
A brief summary of the factual evidence upon which the appeal
is based.
(7)
A plot plan and verbal description of the use affected by the
decision being appealed.
C.
Stay of proceedings. The filing of a notice of appeal shall stay
all proceedings in furtherance of the action appealed from unless
the Zoning Administrator certifies to the Zoning Board of Appeals
that in his or her judgment a stay would cause imminent peril to life
or property. In such case, no proceedings shall be stayed without
issuance of a restraining order by the Zoning Board of Appeals or
a court of record.
D.
Hearing and action.
(1)
Upon receipt, the Zoning Administrator shall forthwith transmit
the notice of appeal and the complete record of the decision to the
Zoning Board of Appeals. The Zoning Board of Appeals shall fix a reasonable
time for a hearing on the appeal and give a minimum of 10 days' notice
to the party filing the notice.
(2)
After the hearing, the Zoning Board of Appeals shall take final
action on the appeal, whereby it may affirm, reverse, or modify the
action being appealed, subject only to judicial review in accordance
with applicable state law. To this end, a majority vote of all its
members shall be required for the Zoning Board of Appeals to take
any action.
[Amended 7-27-2016 by Ord. No. 16-16]
E.
Approval criteria for appeals. The Zoning Board of Appeals shall
reverse the order appealed only if it finds that the action or decision
appealed:
