Loading...
A. Created; Appointment; Term: There is hereby created the office of the zoning enforcement officer. The zoning enforcement officer shall be appointed by the village president with the advice and consent of the village board for a term of one year.
B. Duties: The zoning enforcement officer or his duly authorized representative shall enforce this title. In the performance of his duties, he shall:
1. Examine and approve applications that conform with this title and issue building permits and zoning certificates of compliance for all uses of land, buildings, and structures when the application conforms with the provisions of this title.
2. Determine lot, bulk, and parking requirements in specific instances.
3. For industrial districts, receive certificates indicating compliance with the performance standards for the I-1 or I-2 district from an engineer registered with the state or scientific testing laboratory, approved by the village board.
4. Keep records of and pertaining to this title including:
a. All maps, amendments, conditional uses, variations, appeals, and other pertinent data.
b. All uses and structures which do not conform with the regulations of each district.
5. Conduct inspections of buildings, structures, and uses of the land to determine compliance with this title.
6. Receive, file and forward to the zoning board of appeals all petitions for amendments, variances, conditional permitted uses and appeals which are filed in the office of the zoning enforcement officer. All petitions shall have attached a location map illustrating the shape and dimensions of the property in question and a list of contiguous property owners and their addresses including owners across streets and alleys.
7. Provide clerical technical assistance as may be required by this title and the zoning board of appeals in the exercise of its duties. Interested parties may copy records at their own expense.
8. File reports with the village president relative to findings of the zoning enforcement officer on all reports of zoning violations made to him by a citizen or a village official.
9. Provide and maintain a public information bureau relative to all matters arising out of this title and post all public notices called for in this title. (1984 Code § 5-10-1)
A. Permit Required; Exemption: It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings and swimming pools, or to commence the moving or major structural change of any buildings, including accessory buildings, until the zoning enforcement officer has issued a building permit for such work. (1984 Code § 5-10-2; amd. 2010 Code)
B. Application For Permit:
1. In applying to the zoning enforcement officer for a building permit, the applicant shall submit a dimensioned sketch or scale plan indicating the shape, size, height and location of all buildings to be erected, changed structurally, or moved, and of any building already on the lot. He shall also state the existing and intended use of all such buildings and supply such other information as may be required by the zoning enforcement officer for determining whether the provisions of this title are being observed. (1984 Code § 5-10-2)
2. All plans submitted in connection with a building permit application for a multi-family dwelling structure of more than two (2) units or a commercial structure shall be affixed with the seal of an architect licensed by the state of Illinois, and no building permit shall be approved by the zoning enforcement officer unless the application for a building permit is accompanied by plans bearing the seal of a licensed architect where the application pertains to the construction or improvement of multiple-family dwellings in excess of two (2) units or commercial structures. (Ord. 1995-3, 1-17-1995; amd. 2010 Code)
C. Issuance Or Denial Of Permit: If the proposed excavation or construction as set forth in the application is in conformity with the provisions of this title and other ordinances of the village, the zoning enforcement officer shall issue a building permit for such excavation or construction. If a building permit is refused, the zoning enforcement officer shall state, in writing, with cause, and shall immediately forward such notice or refusal to the applicant. The zoning enforcement officer shall grant or deny the permit within ten (10) days from the date the application is submitted. The issuance of a building permit shall in no case be construed as waiving any provisions of this title.
D. Expiration Of Permit: A building permit shall become void unless:
1. For residential construction, the exterior is completed within six (6) months and totally completed within two (2) years.
2. Commercial construction is completed within two (2) years. (1984 Code § 5-10-2)
E. Display Of Permit: Any person or entity issued a building permit by the village pursuant to the terms of this section shall display such permit upon the premises so it is visible from the street adjoining the front of the property for which the permit has been issued, and shall maintain such posting until construction is fully completed. (Ord. 1990-6, 4-3-1990)
F. In the event construction does not comply with the terms of the building permit issued hereunder, or in violation of Village Code, both the owner and if applicable general contractor shall be responsible for the payment of a fine in the amount of two thousand five hundred dollars ($2500.00), payable to the Village. Any fine under this section must be paid prior to the issuance of a certificate of occupancy. (Ord. 2020-03, 2-18-2020)
Notes
1 | 1. See also section 9-1-1 of this code. |
A. Certificate Required: No land or building or part thereof hereafter erected or changed in its use or structure shall be used until the zoning enforcement officer shall have issued a certificate of compliance indicating that such land, building or part thereof, and the proposed use thereof, are found to be in conformity with the provisions of this title.
B. Inspection And Issuance Or Denial Of Certificate: Within three (3) days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the zoning enforcement officer to make a final inspection thereof and to issue a certificate of compliance if the land, building or part thereof and the proposed use thereof are found to conform with the provisions of this title; or if such certificate is refused, to state the refusal in writing, with the cause, and immediately forward such notice of refusal to the applicant. No certificate of compliance shall be issued until the zoning enforcement officer has determined that the land, building or part thereof and the proposed use are in full compliance with all rules and regulations of the state department of public health and the village relating to sewage, sanitary facilities and septic tank requirements. (1984 Code § 5-10-3)
A. Authority: The village board shall decide variations from the provisions of this title in harmony with the general purpose and intent of this title and shall verify them only in the specific instances hereinafter set forth where the zoning board of appeals shall have made findings of fact based upon the standards hereinafter prescribed that there are practical difficulties or a particular hardship in the way of carrying out the strict letter of the regulations of this title. Any proposed variation which fails to receive the approval of the board of appeals shall not be passed except by the favorable vote of two-thirds (2/3) of all members of the village board.
B. Initiation: A petition for a variation may be filed by any interested property owner or contract purchaser. In cases where a contract purchaser is the petitioner, the contract purchaser shall provide a letter from the owner which states that the owner is aware of the petition and the request(s) contained therein, that the petitioner is indeed a contract purchaser and that the owner approves the action. Such petitions for a variation shall be filed in writing and shall contain such information as the zoning board of appeals may require by rule.
C. Processing: A petition for a variation shall be filed with the zoning enforcement officer. The zoning enforcement officer shall forward such petition to the board of appeals within ten (10) days. The petition shall include a list of adjacent property owners, including owners across the street and across the alley, as well as their mailing address(es). A map shall also be submitted which shows the boundaries of the property, the location of existing and/or proposed structures in relation to property lines, and adjacent land uses.
D. Hearing: No variation shall be made by the village board except after a public hearing before the zoning board of appeals of which there shall be a notice of time and place of hearing published at least once, not more than thirty (30) nor less than fifteen (15) days, before the hearing, in one or more newspapers with a general circulation within the village.
E. Standards For And Conditions Of Variations:
1. The zoning board of appeals shall not recommend to the village board that the regulations of this title be varied as authorized in subsection A of this section unless it shall make findings of fact based upon the evidence presented to it in each specific case:
a. That the property in question cannot be economically used or cannot yield a reasonable return if permitted to be used only for the conditions allowed by the regulations;
b. That the plight of the owner is due to circumstances unique to the property and not generally applicable to other property in the area; and
c. That the variation, if granted, will not alter the essential character of the locality, impair an adequate supply of light and air to adjacent property, increase the congestion of traffic, or diminish or impair property values in the locality.
2. The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards of this subsection.
F. Authorized Variations: Variations from the regulations established in this title shall be recommended to the village board by the zoning board of appeals only in accordance with standards established in subsection E of this section and in the following instances as examples:
1. To permit a height greater than allowed;
2. To permit a yard less than the yard required by the applicable regulation;
3. To permit the use of any lot located in a residence district having insufficient area and width for a single-family dwelling, provided such lot is of record on the effective date hereof;
4. To permit the use of any lot not covered above, or a use otherwise prohibited solely because of insufficient area of the lot;
5. To permit the same off street parking spaces to qualify as required spaces for two (2) or more uses; provided, that the maximum use of such facility by each user does not take place during the same hours of the same days of the week;
6. To increase by not more than twenty percent (20%) the gross area of any sign; and
7. To reduce the applicable off street parking or loading requirements. (1984 Code § 5-10-6)
Loading...