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(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
(A) Establishment.
(1) A Board of Zoning Appeals, hereinbefore and hereafter referred to by the term “Zoning Board”, is hereby authorized to be established.
(2) The Zoning Board shall consist of seven members appointed by the Chairperson and confirmed by the members of the County Board. The seven members of the first Zoning Board appointed shall serve terms as follows: one for one year, one for two years, one for three years, one for four years and three for five years, the successor to each member so appointed to serve for a term of five years. Vacancies shall be filled by the Chairperson of the County Board for the unexpired terms only, subject to confirmation by the County Board. The County Board shall have the power to remove any member of the Zoning Board for cause, after a public hearing upon giving ten days notice thereof. At the time of appointment to the Zoning Board, not more than one of the members shall be a resident within the limits of any one congressional township. The Chairperson of the County Board shall name one of the members of the Zoning Board as Chairperson upon his or her appointment, and in case of vacancy, shall name the Chairperson.
(B) Meetings.
(1) Regular meetings of the Zoning Board shall be held at the time and place within the County as the Zoning Board may determine. Special meetings may be held at the call of the Chairperson, or as determined by the Board. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel attendance of witnesses. All meetings of the Zoning Board shall be open to the public.
(2) The Zoning Board shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating the facts and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or appeal thereof, and every order, requirement, decision or determination of the Zoning Board shall immediately be filed in the office of the Board and shall be a public record. Four members of the Zoning Board shall constitute a quorum, and the concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Administrator in any matter upon which it is required to pass under this chapter, or to effect any variation or modification in this chapter to the County Board. In the performance of its duties, the Zoning Board may incur expenditures as shall be authorized by the County Board. The Zoning Board shall adopt its own rules of procedures not in conflict with the state or this chapter.
(3) The Zoning Board shall have a recording secretary at each Zoning Board meeting, to record the proceedings of the public hearing. The secretary is to be appointed by the County Board.
(C) Jurisdiction.
(1) The Zoning Board shall hear and decide appeals from any order, requirement, decision or determination made by the Administrator. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter.
(2) The Zoning Board may reverse or affirm wholly or partly or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Zoning Board may decide to be fitting and proper in the premises and, to that end, the Zoning Board shall also have all the powers of the officer from whom the appeal is taken.
(3) When a property owner shows that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures, or to the use of land, imposes upon him or her practical difficulties or particular hardship, then the Zoning Board may in the following instances only make the variations of the strict application of the terms of this chapter, as are in harmony with its general purpose and intent when the Zoning Board is satisfied, under the evidence heard before it, that a granting of the variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship so great as to warrant a variance:
(a) To permit the reconstruction of a non-conforming building (but excluding residences and farm buildings) which has been destroyed or damaged to an extent of more than 50% of its assessed value by fire or act of God, or the public enemy, where the Zoning Board shall find some compelling public necessity requiring a continuance of the non-conforming use, but in no case shall a permit be issued if its primary function is for financial gain.
(b) To permit the remodeling or expansion of a non-conforming use where the Board finds public necessity and convenience in the continuance or expansion of the non-conforming use and that the remodeling or expansion does not materially affect the other uses in the neighborhood.
(4) Nothing herein contained shall be construed to give or grant to the Zoning Board the power or authority to alter or change this chapter, the power and authority being reserved to the County Board.
(5) The Zoning Board may impose conditions and restrictions upon the use of the premises benefitted by a variance, as it may deem necessary.
(D) Appeals, how taken.
(1) Any person aggrieved or any officer, department, board or bureau of the county may appeal to the Zoning Board to review any order, requirement, decision or recommendation made by the Administrator. Any notice of appeal shall be accompanied by the required filling fee as established by the County Board.
(2) The appeal shall be made within 45 days after the date of written notice of the decision or order to the Administrator and a notice of appeal specifying the grounds thereof. The Administrator shall forthwith transmit to the Zoning Board all papers constituting the record upon which the action appealed from was taken and a public hearing scheduled.
(3) An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrator certifies to the Zoning Board, after the notice of appeal has been filed with him or her, that by reason of facts stated in the permit, a stay would in his or her opinion, cause imminent peril to life or property. In this case, proceedings shall not be stayed otherwise than a restraining order which may be granted by the Zoning Board, or by a court of record on application, on notice to the Administrator, and on due cause shown.
(4) The Zoning Board shall fix a reasonable time for hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon hearing, any party may appear in person, by agent or by attorney.
(Prior Code, § 152.122) (Ord. passed 3-9-1976; Ord. passed 11-12-1992; Ord. passed 9-24-2009; Res. 2017-14, passed 11-16-2017; Res. 2018-14, passed 8-23-2018; Ord. passed 6-20-2024)
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