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(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)
The duties of the County Regional Planning Commission in zoning administration shall be:
(A) To review applications for amendments to this chapter. The Commission shall not have the authority to make changes or amendments to this chapter; it shall act in a purely advisory manner to the County Board and the Zoning Board, making its recommendations in all cases referred to it, and transmitting them to the Zoning Board for public hearings; and
(B) To review applications for special use permits provided for within this chapter and to transmit its recommended action to the Zoning Board for public hearings.
(C) The chair and the members of the Regional Planning Commission shall be compensated per meeting as follows. This rate shall apply to both regular and special meetings. This rate shall apply to each day of a meeting, regardless of if a meeting is continued to another day to avoid adjourning. The amounts stated shall only apply when a quorum is present, and no amount shall be paid if a quorum is not present.
(1) Chairman of Regional Planning Commission: $35 per meeting.
(2) Member of Regional Planning Commission: $30 per meeting.
(Prior Code, § 152.123) (Ord. passed 3-9-1976; Res. 2017-14, passed 11-16-2017; Res. 2018-14, passed 8-23-2018; Ord. passed 6-20-2024)
(A) Variations from the provisions of this chapter may be granted by the Zoning Board where practical difficulties and unusual hardships in complying with those provisions are determined to exist, but only after a public hearing has been duly advertised and held by the Board. The Zoning Board may impose the restrictions and conditions upon the premises benefitted by a variance as it considers necessary so that the public health, safety and general welfare may be secured and substantial justice done.
(B) Applications for variance shall be accompanied by a plot plan as required for permit applications, and a certified listing, by complete name address, of all property owners within 250 feet of the property in question.
(C) The procedure for applying for a variance from the regulations of this chapter is as follows.
(1) The property owner or his or her agent shall meet with the Administrator to explain his or her situation, learn the procedures and obtain an application form.
(2) The applicant shall file the completed application along with the required exhibits with the Administrator. Any application for a variance shall be accompanied by the required filing fee as established by the County Board.
(3) The Administrator shall transmit the application to the Chairperson of the Zoning Board and shall determine with the Chairperson the time and place of the required public hearing.
(4) The Administrator may provide courtesy notices to those owners of property within 250 feet of the property in question.
(5) The Administrator shall have notice of the scheduled public hearings published in a newspaper of general circulation in the county at least 15 days before the hearing in conformity with the state statutes.
(6) The Zoning Board shall hold the public hearing within 45 days of filing and shall take one of three actions - approval, denial or conditional approval.
(D) Standards for granting variances. The Zoning Board may vary the regulations of this chapter when supporting evidence in each specific case indicates that:
(1) Because of the particular physical surroundings, shape or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(2) The conditions upon which the petition for a variance are based are unique to the parcel of land for which the variance is sought and not applicable generally to other property with the same zoning classification;
(3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land;
(4) The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created by any person presently or formerly having an interest in the parcel of land;
(5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located;
(6) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the vicinity; and/or
(7) Decisions of the Zoning Board may be appealed to the County Board for a final decision by any interested party. The appeal must be filed in writing to the County Clerk within ten days following the Zoning Board decision.
(E) Flood variances. In addition, no variation to the special flood hazard area regulations contained in this chapter shall be granted by the Zoning Board, or by the County Board if appealed, unless the applicant conclusively demonstrates that:
(1) The development activity cannot be located outside the special flood hazard area;
(2) An exceptional hardship would result if the variation were not granted;
(3) The relief requested is the minimum necessary;
(4) There will be no additional threat to public health or safety or creation of a nuisance;
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing or repairs to roads, utilities or other public facilities;
(6) Any and all other local, state and federal permits that may be required for this type of development activity have been obtained;
(7) The Administrator has reviewed the plans and states, in writing, that the project is in conformance with the “General Provisions” and “Criteria for Land Management and Use” of the National Flood Insurance Program (44 C.F.R. parts 59 and 60, as published by the Federal Emergency Management Agency, 5-31-1979); and
(8) The applicant shall be notified that the granting of a variance for construction and/or development in the special flood hazard area will result in an increase in the flood insurance rates according to the risk as assigned.
(Prior Code, § 152.124) (Ord. passed 3-9-1976; Ord. passed 6-12-1986; Ord. passed 9-14-1989; Ord. passed 11-12-1992; Ord. passed 6-20-2024)
(A) Before a building or premises is devoted to any use classified hereunder, a special permit must be granted by the County Board following recommendation by the Planning Commission and a public hearing before the Zoning Board.
(B) The following exhibits shall be required unless waived by the Planning Commission:
(1) The boundary survey and plot plan as required for building permit application; and
(2) Certified listing, by complete name and address, of all owners of property within 250 feet of the property in question.
(C) The procedure for obtaining a special use permit is as follows.
(1) In applying for a special use permit, the applicant shall follow all applicable procedures set forth in this subchapter.
(2) The applicant shall file the completed application along with the required exhibits with the Administrator. Any application for a special use shall be accompanied by the required filing fee as established by the County Board.
(3) The Administrator shall refer the application to the Regional Planning Commission.
(4) The Planning Commission shall, after careful review of the application, make a recommendation on each application to the Zoning Board.
(5) The Administrator shall cause notice of a public hearing in accordance with state statutes and may provide courtesy notice to those owners of property within 250 feet of the property in question.
(6) The Zoning Board, after holding a public hearing in accordance with state statutes, shall make a recommendation independent of that submitted by the Planning Commission within 30 days of the concluded public hearing, forwarding the recommendation directly to the County Board.
(7) The County Board may approve, deny or give conditional approval to the application. In cases of approval or conditional approval, the County Board shall issue written authorization to the Administrator to issue a zoning permit in full conformance with this subchapter. This authorization shall remain on permanent file with the application.
(8) The County Board may attach special conditions, including specified period of time for the permit, to ensure conformance with the intent of all comprehensive plan elements and to preserve the integrity of the zoning district in question.
(D) A special use permit may be granted by the County Board after demonstration by evidence that:
(1) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(2) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(3) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided;
(5) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets or roads; and
(6) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(E) Where a special use permit has been issued pursuant to the provisions of this chapter, the permit may become null and void by action of the County Board upon recommendation of the Planning Commission unless work thereon commences within one year of the date of granting the special use. A special use permit shall be deemed to authorize only one particular use and may be canceled by the County Board upon recommendation of the Planning Commission if that use ceases for more than 12 consecutive months.
(Prior Code, § 152.125) (Ord. passed 3-9-1976; Ord. passed 6-12-1986; Ord. passed 11-12-1992; Ord. passed 3-24-2022; Ord. passed 6-20-2024)
(A) Authority. The County Board may from time to time amend, supplement or change by ordinance the boundaries of districts, or regulations herein established.
(B) Kinds of amendments.
(1) An amendment to this chapter may be one of the following:
(a) A change in a district’s boundary (re-zoning);
(b) A change in a district’s regulations; and
(c) A change in any other provision of this chapter.
(C) Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:
(1) By application of an owner or owners of property which is proposed to be rezoned, or for which zoning district rule and regulation changes are proposed. Any application for a rezoning or for a text amendment shall be accompanied by the required filing fee as established by the County Board;
(2) By recommendations of the Planning Commission; and/or
(3) By action of the County Board.
(D) Exhibits. Required exhibits for rezoning or district regulation changes initiated by property owners:
(1) The boundary survey and plot plan as required for building permit application; and
(2) A certified listing, by complete name and address, of all property owners within 250 feet of the property in question.
(E) Procedures.
(1) Upon any application for a proposed amendment, supplement or change being properly filed with the Administrator, the Administrator shall immediately cause a copy of same to be forwarded to the members of the Planning Commission and the members of the Zoning Board.
(2) The Planning Commission shall make an investigation as provided by its rules of procedure. The Planning Commission shall consider the proposed amendments of its next regularly scheduled monthly meeting; provided that, if 14 days have not elapsed since the above mailing of the proposed amendment, it may defer action on it until their next regular monthly meeting. In determining the 14-day period, the day the letter is mailed shall be excluded, and the day of the meeting shall be included.
(3) The recommendation and report stating reasons for the decision of the Planning Commission shall be forwarded to the Chairperson of the Zoning Board and to the Chairperson of the County Board without delay.
(4) The report of the Planning Commission may be considered by the Zoning Board in arriving at its decision, whether or not a member of the Planning Commission appears at the public hearing.
(5) The Zoning Board shall forward its report and decision, setting forth the reasons therefor, to the Chairperson of the County Board within a reasonable time after the public hearing.
(F) Notice of public hearing for amendments.
(1) The Zoning Board shall cause notice of a public hearing to be duly published, as prescribed by state statute.
(2) Hearings on text amendments shall be held in the courthouse of the county. Hearings on map amendments shall be held in the courthouse of the county; provided that, if the owner of any property affected by the proposed map amendment so requests, in writing, the hearing shall be held in the township or road district in which the affected property is located.
(3) The published notice of a hearing affecting a particular township or townships shall be published in a newspaper qualified to accept legal notices, in general circulation in the area affected.
(4) In addition, where a proposed amendment affects a particular area of the county, notice shall be mailed to all municipalities within one and one-half miles thereof, and the Administrator may provide courtesy notices to all owners of property within 250 feet of the property in question.
(G) Passage of amendments.
(1) Text and map amendments may be passed at a County Board meeting by a simple majority of the elected County Board members; except that, in the following instances, no amendment shall be approved, except by the favorable vote of three-fourths of all members of the County Board:
(a) Written protests against a proposed text amendment are signed by at least 5% of the land owners of the county;
(b) Where land affected lies within one and one-half miles of the corporate limits of a zoned municipality, and a written resolution by the corporate authorities of the zoned municipality is filed protesting any amendment; and
(c) Written protests against any proposed map amendment, signed by the owner or owners of 20% of the land to be rezoned, or signed by the owner or owners of land immediately touching, or immediately across a street, alley or public right-of-way from at least 20% of the perimeter of the land to be rezoned.
(2) In all instances involving protest of a proposed amendment, the protests shall be in writing and shall be filed with the County Clerk not less than five days before final action on the proposed amendment is scheduled to be taken. Additionally, a copy of the written protest shall be served by the protestors on the application for the proposed amendment and a copy upon the applicant’s attorney, if any, by certified mail at the address of the applicant and attorney not less than five days before final action is scheduled to be taken.
(Prior Code, § 152.126) (Ord. passed 3-9-1976; Ord. passed 6-12-1986; Ord. passed 7-12-1990; Ord. passed 6-20-2024)
All fees are subject to revision by action of the County Board.
(Prior Code, § 152.127) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)
Cross-reference:
Permits required; fees, see § 155.126
Any person who shall violate or refuse to comply with any of the provisions of this chapter shall be subject, upon conviction thereof, to a fine of not more than $200, or imprisonment of not more than six months for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Prior Code, § 152.999) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)