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(A) Expansion. A non-conforming use of land shall not be expanded or extended beyond the area it occupies.
(B) Relocation. A non-conforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of passage of this chapter, except by expressed authority of the County Board or its designated authority.
(C) Discontinuance. If a non-conforming use of land is discontinued for a period of 30 days, it shall not be re-established and any future use shall be in conformity with the regulations of this chapter.
(Prior Code, § 152.107) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999
(A) Single-family and two-family residences established at the time of adoption of this chapter in non-residential districts are exempt from this section.
(B) These residences may be expanded and accessory structures may be permitted; provided, all other requirements are met.
(Prior Code, § 152.108) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)
ADMINISTRATION AND ENFORCEMENT
(A) The Chairperson of the County Board may appoint an Administrator, but the appointment shall require the approval of the majority of the members of the County Board.
(B) The specific duties of the Administrator shall include:
(1) Providing zoning information upon request;
(2) Receiving applications for building and occupancy permits, reviewing the applications to determine if they comply with ordinance provisions, and issuing or denying permits;
(3) Receiving applications for special use permits, variances, amendments and appeals, referring the applications to the appropriate public body, notifying affected property owners of the required public hearings and publishing notice of the hearings;
(4) Conducting inspections;
(5) Investigating violations; and
(6) Keeping the zoning map and text up to date.
(C) The Administrator shall maintain on file the following documents:
(1) Copies of variation application papers and variation decisions as they pertain to special flood hazard areas;
(2) Copies of elevation or floodproofing certificates and other documents necessary to ensure that a project is constructed in compliance with a variation resolution;
(3) Copies of annual reports and other correspondence with the Federal Emergency Management Agency;
(4) All records pertaining to the lowest floor elevation; and
(5) Issue all permits for development as defined in this chapter in any special flood hazard area after all other federal and state permits have been received by the applicant and presented to the Administrator.
(Prior Code, § 152.120) (Ord. passed 3-9-1976; Ord. passed 9-14-1989; Ord. passed 6-20-2024)
(A) Permits. Hereafter, no building or structure shall be erected, constructed, reconstructed or structurally altered, nor shall work begin upon same until the required permit has been issued by the Administrator; except that, no permit shall be required for the following:
(1) Exterior remodeling such as new siding, windows or roofing, painting, installation of or removal of interior walls, new kitchens, baths and carpeting, rearrangement of offices, manufacturing lines, warehouse space and other similar remodeling activities;
(2) Exterior construction, reconstruction or alteration of a building or structure which does not alter the size, shape, dimension or height of the building or structure;
(3) Public utility structures and installations such as sanitary sewers, laterals, vaults, electric lines, water lines, utility poles, cables, tiles or other similar distribution components; and
(4) Buildings, structures or uses in a public federal, state or local park; provided that, the uses are located at least 100 feet from any residential property line, comply with the minimum yard requirements and are a permitted use in the district which they are to be located.
(B) Occupancy permit.
(1) Hereafter, no change in the occupancy of land, or any change of use or occupancy in a new or existing building other than for single-family dwelling shall be made until an occupancy permit has been issued by the Administrator. Every permit shall state that the new occupancy complies with all provisions of this chapter.
(2) Except that, no occupancy permit will be required for land used or to be used for agricultural purposes, storm sewers, farm tiles, sanitary sewers, pipe lines and poles, towers, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility as defined in an act entitled An Act Concerning Public Utilities.
(C) Permit fees.
(1) Fees for the various permit and zoning applications are non-refundable and are as follows:
(a) Single-family residential uses (including attached, detached garages, carports, decks and porches):$150;
(b) Multiple-family residential uses (including attached/detached garages, carports, decks and porches):$150;
(c) Mobile homes: $35;
(d) Residential accessory buildings:
1. Fifty dollars, up to 1,000 feet squared;
2. One hundred fifty dollars, if over 1,000 feet squared.
(e) Commercial or industrial building (includes principal and accessory buildings and additions to either principal or accessory buildings): $0.03 per foot squared of gross floor area; $50 minimum; plus review and inspection fee after 7-1-2011;
(f) Special use applications:
1. Two hundred dollars if two acres or less;
2. Two hundred fifty dollars if greater than two acres, but less than ten acres;
3. Three hundred dollars if greater than ten acres, but less than 26 acres; and
4. Twenty-six acres and over $100 plus $10 per acre.
(g) Re zoning applications:
1. Two hundred dollars if two acres or less;
2. Two hundred fifty dollars if 2.01 to ten acres; and
3. Three hundred dollars if 10.01 acres or more.
(h) Variance applications: $150;
(i) Appeal applications: $100;
(j) Text amendments: $125;
(k) Occupancy permits (for changes in land use other than agricultural, one-/two-family residence, public utility or government purposes): $25; and
(l) Structures other than buildings: $0.001 x total estimated cost/min: $25.
(2) By state law, no fees are charged for permits for buildings intended to be used for agricultural purposes or for accessory buildings located on an operating farm.
(3) Make checks payable to: DeWitt County Zoning.
(4) Legal notice publication fees are to be paid by the applicant.
(D) Exhibits. Each application for a building permit and for an occupancy permit for the use of land shall be accompanied by the following exhibits unless waived by the Administrator.
(1) Boundary survey of an area including the property in question and 100 feet beyond its outer boundaries showing existing utilities, lot boundaries and dimensions, buildings and easements, foliage, topography, waterways and soil boring to be included if pertinent.
(2) Plot plan indicating location, size and placement of proposed structure and yards, parking and loading facilities, vehicular access and egress and utility plan including surface drainage.
(E) Permit application procedure. The procedure for applying for a building permit and an occupancy permit shall be as follows.
(1) The property owner or his or her agent shall meet with the Administrator to explain his or her situation, learn the procedure and obtain an application form.
(2) The applicant shall file the completed application form together with required exhibits with the Administrator.
(3) The Administrator shall issue a building permit and collect the required fee if the proposed project complies with the provisions of this chapter and other relevant county ordinances.
(F) Expiration of zoning use permits.
(1) At 90 days, the footings and foundation shall be in place and crawlspace and/or basement shall be covered.
(2) At 150 days (an additional 60 days after issuance of permit), the structure shall be framed, roofed and enclosed with materials intended for permanent use.
(3) If the work described on any zoning use permit shall not have been completed within 730 consecutive days from issuance thereof, the permit shall expire and be cancelled by the Administrator, and written notice therefore shall be given to the applicant together with notice that further work as described on the cancelled permit shall not proceed until a new permit shall have been issued.
(Prior Code, § 152.121) (Ord. passed 3-9-1976; Ord. passed 8-13-1992; Ord. passed 11-12-1992; Ord. passed 9-11-1997; Ord. passed 7-21-2011; Ord. passed 4-20-2017; Ord. passed 6-20-2024) Penalty, see § 155.999
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