A zoning permit is administrative in nature and is intended
to ensure that certain types of land uses are in compliance with this
chapter and any precedent approvals (e.g., conditional use approval).
Those land uses designated as requiring a zoning permit in the
land use matrix (Appendix A[1]) must comply with the requirements in this division when
a new use is being established and when there is a change in occupancy
of an existing nonresidential building.
The owner of the subject property may submit an application
for a zoning permit.
The general steps outlined below shall be used in the review
of an application for a zoning permit.
A.
Submittal of application materials. The applicant submits a completed
application and other required materials to the Zoning Administrator
along with the application fee as may be established by the Village
Board.
B.
Determination of completeness. The Zoning Administrator reviews the
submittal to make sure it is complete and ready for further review.
A determination of completeness shall be made within 30 days of the
submittal. If it is not complete, the Zoning Administrator will notify
the applicant in writing of such deficiencies and that the applicant
has three months from the date of the notice to resubmit the application
or forfeit the application fee. The Zoning Administrator will take
no further steps to process the application until the deficiencies
are remedied. The incomplete application is retained as a public record.
A determination that an application is complete means the application
is ready for formal review and does not suggest the applicant has
provided sufficient information in all regards or preclude the reviewing
authority from requesting additional information it deems appropriate.
C.
Decision. When the Zoning Administrator determines the application
is complete, he or she makes a decision to i) approve the zoning permit,
ii) approve the zoning permit with conditions, or iii) deny the zoning
permit.
D.
Applicant notification. Within a reasonable time following his or
her decision, but not more than 10 workdays, the Zoning Administrator
sends the decision document to the applicant by regular mail and/or
email.
E.
Public record copy. A copy of the decision document is retained as
a public record.
In determining whether to issue a zoning permit or deny the
permit, the Zoning Administrator shall determine whether the proposed
use is consistent with 1) any prior approvals, such as a conditional
use approval, 2) this chapter, and 3) other provisions of the Municipal
Code.
A.
Project involving construction. For a project involving any construction,
a zoning permit shall automatically expire 12 months after the date
of issuance unless substantial work has commenced under the permit
and continues in good faith to completion. Upon petition and with
cause, the Zoning Administrator may grant a one-time extension, not
to exceed 12 months, provided that:
(1)
The permit holder requests the extension prior to the expiration
of the permit;
(2)
The permit holder clearly demonstrates that circumstances beyond
his or her control prevented the start of construction and the continuation
of the same; and
(3)
The project complies with this chapter in effect at the time
the extension is granted.
B.
Change in use. For a change in use, the zoning permit shall automatically
expire six months after the date of issuance if the applicant does
not move into the vacant space.
An aggrieved person may appeal a final decision made pursuant
to this division by filing an administrative appeal with the Zoning
Board of Appeals within 30 calendar days of the final decision.
