[Comp. Ords. 1995, § 15.251; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
An administrative official who shall be known as the Zoning Administrator
shall be designated by the Village Council to administer and enforce
this chapter. He may be provided with the assistance of other such
persons as the Village Council may direct.
(b)
If the Zoning Administrator shall find any of the provisions of this
chapter are being violated, he shall notify in writing the person
responsible for such violations, indicating the nature of the violation
and ordering the action necessary to correct it. He shall order discontinuance
of illegal use of land, buildings or structures; removal of illegal
buildings or structures or of illegal additions, alterations or structural
changes; discontinuance of any illegal work being done; or shall take
any other action authorized by this chapter to ensure compliance with
or to prevent violation of its provisions.
[Comp. Ords. 1995, § 15.252; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The Zoning Administrator shall have the authority to grant zoning
compliance permits, and to make inspections of buildings or premises
necessary to carry out his duties in the enforcement of this chapter.
It shall be unlawful for the Zoning Administrator to approve any plans
or issue a zoning compliance permit for any excavation or construction
or use until he has inspected such plans in detail and found them
in compliance with this chapter.
(b)
If the proposed excavation, construction, moving or alteration or
use of land as set forth in the application is in conformity with
the provisions of this chapter, the Zoning Administrator shall issue
a zoning compliance permit. If an application for such permit is not
approved, the Zoning Administrator shall state in writing on an appropriate
denial form the cause for such disapproval.
(c)
The Zoning Administrator may accept a preliminary application and
a lesser number of submitted documents than those listed in this section
in situations where basic clarification is desired before proceeding
with further technical work; and the Zoning Administrator may, on
such preliminary submittal, indicate tentative denial or tentative
approval.
(d)
Issuance of a building permit shall in no case be construed as waiving
any provision of this chapter. The Zoning Administrator is under no
circumstance permitted to grant exceptions to the actual meaning of
any clause, order, or regulation contained in this chapter to any
person making application to excavate, construct, move, alter or use
either buildings, structures or land. The Zoning Administrator is
under no circumstance permitted to make changes to this chapter or
to vary the terms of this chapter in carrying out his duties.
(e)
The Zoning Administrator shall not refuse to issue a permit when
the applicant complies with conditions imposed by this chapter and
all other applicable Village, county, and state regulations. Violations
of contract, such as covenants or private agreements, which may result
upon the granting of said permit are not cause for refusal to issue
a permit.
[Comp. Ords. 1995, § 15.253; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
It shall be unlawful to commence excavation for, or construction
of, any building or other structure, including an accessory building,
or to commence the moving, alteration or repair of any structure,
including accessory buildings, until the Zoning Administrator has
issued for such work a zoning compliance permit including a certification
of his opinion that plans, specifications and intended use of such
structure does in all respects conform to the provisions of this chapter.
(b)
It shall be unlawful to change the type of use of land, or to change
the type of use or type of occupancy of any building, or to extend
any use on any lot on which there is a nonconforming use, until the
Zoning Administrator has determined such change to be in compliance
with applicable provisions of this chapter.
(c)
When the Zoning Administrator receives an application for a zoning
compliance permit which requires Village Council special land use
permit or other approval, he shall so inform the applicant.
[Comp. Ords. 1995, § 15.311; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The Village Council shall, by resolution, establish a schedule of
fees, charges and expenses and a collection procedure for zoning compliance
permits, requests for special land use permits, variances, rezoning
applications and other matters pertaining to this chapter. The schedule
of fees shall be posted in the office of the Zoning Administrator
and may be amended only by the Village Council.
(b)
Until all applicable fees, charges and expenses have been paid in
full, no action shall be taken on any application or appeal.
[Ord. No. 137, 2-7-2005]
(a)
The stated fees for applications for zoning approvals and site plan
review, established by resolution of the Village Council from time
to time, are to be considered basic application fees which cover only
consideration of the application at regularly scheduled Planning Commission,
Zoning Board of Appeals, and/or Village Council meetings and publication
and mailing of notice of hearing, as applicable.
(b)
In addition to the basic application fee, applicants for zoning approval
or site plan review shall pay the costs of review of applications
for variances, special use permits, site plans, rezoning, planned
unit developments, subdivisions, site condominiums, and similar requests.
Such charges shall be in addition to the basic application fee, in
an amount equal to the Village's actual expenses incurred for reviewing
the application, including, but not limited to, the cost of:
(1)
Planning commission subcommittee meetings;
(2)
Special meetings;
(3)
Review by Village attorney and preparation of appropriate approving
resolutions or ordinances;
(4)
Review by Village planner;
(5)
Review by Village engineer;
(6)
Additional notices of public hearing;
(7)
Traffic studies;
(8)
Environmental impact studies;
(9)
Notice of additional hearings; and
(10)
Similar services and expenses.
(c)
If the Zoning Administrator determines that the application is one
for which such costs for review are likely to be incurred, the Zoning
Administrator shall require the applicant to pay into escrow, in advance,
an amount estimated to be sufficient to cover the expected costs.
The amount to be paid into escrow shall be established in increments
of at least $500, commencing with an initial deposit of not less than
$500. No application shall be processed prior to the required escrow
fee having been deposited with the Zoning Administrator. If an applicant
objects to the amount of the escrow funds required to be deposited,
he may appeal that determination to the Village Council within 30
days after the initial decision by the Zoning Administrator.
(d)
If funds in the escrow account are depleted, the applicant shall
make an additional deposit sufficient to cover any deficit and to
re-establish a balance of at least $500. The amount of additional
deposit sufficient to cover any deficit in the account shall be at
least $500, or such greater amount as is determined by the Zoning
Administrator to be reasonably necessary in order to cover anticipated
remaining or future expenses. No further action shall be taken on
an application until the escrow account has been re-established to
such appropriate level, as determined by the Zoning Administrator.
(e)
The Zoning Administrator shall maintain accurate records regarding
the expenditures made on behalf of each applicant from the escrow
account. Such escrow funds (from one or more applicants) shall be
kept in a separate bank account or band account category.
(f)
Any excess funds remaining in the escrow account after the application
has been fully processed, reviewed and the final decision has been
rendered regarding the project will be refunded to the applicant with
no interest to be paid on those funds. If the balance of the expenses
for the application for any reason exceeds the amount remaining in
escrow following final action by the Village, the Village shall send
the applicant a statement for such additional fees. Until the applicant
pays such fees for the expenses of review, no further building permit
or certificate of occupancy or other permit for the project shall
be issued, and if such expenses remain unpaid for a period of 14 days,
the Village Zoning Administrator or Building Official may issue appropriate
stop work orders or take other action to halt work on the project.
In addition, the Village may take legal action to collect unpaid fees.
(g)
The application for zoning approval or other approvals covered by
this resolution shall indicate that the applicant agrees to pay the
Village's expenses for review of the application and other expenses
as stated in this section.
[Comp. Ords. 1995, § 15.411; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals and general welfare.
Wherever the requirements of this chapter are at variance with the
requirements of any other lawfully adopted rules, regulations or ordinances,
the most restrictive or that imposing the higher standards shall prevail.
[Comp. Ords. 1995, § 15.412; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Whenever a violation of this chapter occurs, or is alleged to
have occurred, any person may file a written complaint. Such complaint,
stating fully the causes and basis thereof, shall be filed with the
Zoning Administrator. He shall record properly such complaint, immediately
investigate and take action thereon as provided by this chapter and
make answer to the complainant.
[Comp. Ords. 1995, § 15.413; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 103, 10-4-1982]
(a)
Violation of the provisions of this chapter or failure to comply
with any of its requirements, including violations of conditions and
safeguards established in connection with grants of variances or special
land use, shall constitute a misdemeanor.
(b)
The owner or tenant of any building, structure, premises or part
thereof, and any architect, builder, contractor, agent or other person
who commits, participates in, assists in or maintains such violation,
may each be found guilty of a separate offense.
(c)
Nothing herein contained shall prevent the Village from taking such
other lawful action as is necessary to prevent or remedy any violation
of this chapter.
