Article XIII Administration

Before any building or other structure which is the principal permitted use is erected, moved or structurally altered so as to change its use or increase its floor area.

Before any land use is substantially altered.

Before any building or structure is erected or substantially altered which would be a conditional use or require a variance regardless of whether principal or accessory use.

Before building an accessory structure, even though not intended for human occupancy.

The permit application shall be made to the Building Inspector on forms provided by the Village. Applications shall be submitted in duplicate. The application shall include the following information:

Names and addresses of the contractor.

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

Plat of survey prepared by a professional land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; and existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.

Proposed sewage disposal plan. If Village sewerage service is not available, this plan shall be reviewed by the Village-appointed engineer who shall certify in writing that satisfactory, adequate and safe sewage disposal is possible on the site as proposed by the plan in accordance with applicable local, county and state health regulations.

Proposed water supply plan if Village water service is not available. This plan shall be reviewed by the Village-appointed engineer who shall certify in writing that an adequate and safe supply of water will be provided.

(6)

Additional information as may be required by the Village Board, Village-appointed engineer, and Building Inspector, including all information required for site plan approval under § 390-90 of this chapter.

(7)

Fee receipt from the Building Inspector in an amount as set forth on the Village Fee Schedule, on file in the Village offices.

The Building Inspector shall review the application and, if the application is complete and contains all required information, shall refer it to the Village Board.

Upon referral of the application, the Village Board shall schedule a public hearing thereon as soon as practical and the Village Board shall notice said hearing as deemed appropriate.

Decision.

Following public hearing, necessary study and investigation, the Village Board shall render its decision in writing and a copy shall be made a permanent part of the Board's minutes. Such decision shall include an accurate description of the zoning use permitted, of the property on which permitted, and any and all conditions made applicable thereto, or if disapproved, shall indicate the reasons for disapproval. The Village Board may impose any conditions or exemptions necessary to minimize any burden on any persons affected by granting the zoning permit.

A zoning permit shall be granted or denied in writing by the Village Board within 30 days of the date of application or within 60 days of said date when site plan approval or a conditional use permit is required. The permit shall expire within six months unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.

When a zoning permit does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself causes it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the zoning permit may be terminated by action of the Village Board following a public hearing thereon.

Subsequent change or addition to the approved plans or use shall first be submitted for approval to the Village Board, and if in the opinion of the Village Board such change or addition constitutes a substantial alteration, a public hearing before the Board shall be required and notice thereof shall be given.

§ 390-90 Site plan approval.

Site plan approval required. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in the RS Single-Family and EAG Exclusive Agricultural Districts, shall require site plan approval by the Village Board in accordance with the requirements of this section.

Application. An application for any such zoning permit shall be submitted to the Building Inspector in duplicate. The applicant shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operation to enable the Village Board or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter. The site plan shall contain at least the following information:

Total area in the development project.

Location, shape, area, and dimensions of the lot, lots or acreage to be used.

Present zoning of the subject property and adjacent property.

All public and private rights-of-way and easement lines located on and adjacent to the subject property which are proposed to be continued, created, relocated, or abandoned.

Location and total number of curb cuts, driveways, off-street parking spaces and loading spaces.

(6)

Proposed exterior building dimensions (horizontal and vertical), gross floor area, number of floors and proposed uses.

(7)

Location and dimensions of all existing and proposed structures, walks, malls, open areas, walls, fences, screen plantings and/or other landscaping.

(8)

Existing and proposed sewer, water and other utility lines plus location and type of sewage treatment facility and water source.

(9)

Required setbacks of zoning district.

(10)

Area of subject property to be covered by buildings.

(11)

Location, size, height, and orientation of all signs.

(12)

Development plans for residential projects (multiple-family developments and mobile home parks) shall include the following information:

(a)

Minimum floor area of dwelling units.

(b)

Total number of units proposed.

(c)

Number of bedrooms per unit in multiple-family developments.

(d)

Area to be used for open space and recreation.

(13)

Such other information regarding the development area that may be required to determine conformance with this chapter.

Administration. The Building Inspector shall make a preliminary review of the application and plans and refer them, along with a report of his findings, to the Village Board within 10 days. The Village Board shall review the application and may refer the application and plans to one or more expert consultants selected by the Board to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 45 days of its receipt of the application, the Board shall authorize the Building Inspector to issue or refuse a zoning permit. The Building Inspector shall then act on the permit within five days, in accordance with the recommendation of the Board.

Requirements. In acting on any site plan, the Village Board shall consider the following:

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; and the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

The adequacy of the proposed water supply, drainage facilities, and sanitary and waste disposal.

§ 390-91 Administration and enforcement.

The landscaping and appearance of the completed site. The Village Board may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns, and that the site be effectively screened so as not to impair the intent or purpose of this section.

Effect on municipal services. Before granting any site plan approval, the Village Board may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Village-appointed engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Village Board shall not issue final approval until it has entered into an agreement with the applicant regarding the development of such facilities.

Fee for site plan approval. A fee as set forth in the Village Fee Schedule will be charged for the filing of an application for site plan approval. The applicant will also be required to pay the cost of any consultants' reports which may be required by the Village Board under Subsection C above.

This chapter shall be administered by the Building Inspector or Village Board designee and enforced by the Village Board, which may institute in the name of the Village any appropriate actions or proceedings against a violator as provided by the law. The Building Inspector's duties shall be as follows:

To receive applications, issue permits and make inspections and maintain records as required by this chapter.

To administer this chapter with the authority to enter upon any public or private premises at a reasonable time and make an inspection thereof and, upon reasonable cause or question of proper compliance, to revoke any building permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of this chapter, such revocation to remain in effect until reinstated by the Building Inspector or the Village Board.

§ 390-92 Appeals.

Scope of appeals. Appeals to the Village Board may be taken by any person aggrieved or by any officer, department, board or commission of the Village affected by any decision of the Building Inspector. Such appeal shall be taken within 30 days after the decision or ruling of the Building Inspector by filing with the Building Inspector and with the Board a notice of appeal, specifying the grounds therefor. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Village Board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

§ 390-93 Hearing of appeals and variances.

The Village Board shall fix a reasonable time, not more than 30 days from the date of filing, for the hearing of an appeal and shall give due notice thereof to all the parties involved. The Board or any of its officers it shall designate shall cause notice of such hearings to be published in the Village's newspaper or newspapers. At the hearing, anyone may appear in person or by agent or attorney.

§ 390-94 Powers of Village Board.

The Village Board shall have the following powers:

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Building Inspector.

Variances. To hear and grant appeals for variances in accordance with the procedures and requirements of § 390-95. Use variances shall not be granted. In every case where a variance from the regulations has been granted by the Village Board, the minutes of the Board shall affirmatively show that an unnecessary hardship or practical difficulty exists and the records of the Board shall clearly show in what particular or specific respects an unnecessary hardship or practical difficulty has been created.

Interpretations. To hear and decide applications for interpretation of the zoning regulations and the boundaries of the zoning districts.

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made. Whenever the Village Board permits such a substitution, the use may not thereafter be changed without application.

Unclassified uses. To hear and grant applications for unclassified and unspecified uses provided that such uses are similar in character to the principal uses permitted in the district.

Temporary uses. To hear and grant applications for temporary uses in any district provided that such uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses. The permit shall be temporary, revocable, subject to any condition required by the Village Board, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.

Permits and decisions. The Board may reverse, affirm wholly or partly, or modify the requirements appealed from and may issue or direct the issue of a permit. In exercising the preceding powers, the Board may in conformity with the provisions of this chapter reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue the permit. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant on any matter upon being brought before the Board as required by this chapter. The grounds of every determination shall be stated.

§ 390-95 Variances.

Purpose.

A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this chapter would cause him undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.

The Village Board may authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area, or permit standards lower than those required by state law.

For the purposes of this section, "unnecessary hardship" shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.

Application for variance. The application for variation shall be filed with the Building Inspector. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:

Name and address of applicant and all abutting and opposite property owners of record.

Statement that the applicant is the owner or the authorized agent of the owner of the property.

Address and description of the property.

Plat of survey prepared by a professional land surveyor or an accurate site plan.

Additional information required by the Village Board, Village-appointed engineer, or Building Inspector.

(6)

Fee receipt from the Building Inspector in an amount as set forth in the Village Fee Schedule.

Public hearing of application. The Village Board shall conduct at least one public hearing on the proposed variation. Notice of such hearing shall be given not more than 30 days and not less than 10 days before the hearing in one or more of the newspapers in general circulation in the Village, and due notice shall be given to the parties in interest. At the hearing the appellant or applicant may appear in person, by agent, or by attorney. The Board shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant and Building Inspector.

Action of the Village Board. For the Board to grant a variance it must find that:

Denial of variation may result in hardship to the property owner due to physiographical considerations. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district, and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter should be changed.

The conditions upon which a petition for a variation is based are unique to the property for which variation is being sought, and such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.

The proposed variation will not undermine the spirit and general and specific purposes of this chapter.

Conditions. The Village Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.

Expiration. Variances, substitutions or use permits granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant.

Review by court of record. Any person or persons aggrieved by any decision of the Village Board may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Village Board.

§ 390-96 Changes and amendments.

Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Village Board may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto.

Initiation. A change or amendment may be initiated by the Village Board or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Building Inspector or Clerk-Treasurer, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 200 feet of the areas proposed to be rezoned.

Owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.

Additional information required by the Village Board.

Fee receipt from the Clerk-Treasurer or Building Inspector in an amount as set forth in the Village Fee Schedule, on file in the Village offices.

Hearings.

The Village Board shall hold a public hearing upon each recommendation, giving at least 10 days' prior notice by publication at least two times during the preceding 30 days, listing the time, place, and the changes or amendments proposed. The Village Board shall also give at least 10 days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.