Baxter Estates City Zoning Code
ARTICLE VIII
Permits and Certificates; Land Use Applications to Village Boards
§ 175-82 Building permits.
[Amended 9-19-2005 by L.L. No. 1-2005]
A.
No application for a building permit shall be considered, and no building permit shall be issued, unless the application is accompanied by a fee as set from time to time by resolution of the Board of Trustees.
§ 175-83 Applications to Board of Appeals.
[Amended L.L. No. 1-1996; 2-3-2003 by L.L. No. 3-2003; 9-19-2005 by L.L. No. 1-2005; 7-5-2018 by L.L. No. 4-2018]
A.
The provisions of this section shall apply to all applications to the Board of Appeals of the Village, including, without limitation, those with regard to variances, conditional use permits, special use permits, and other similar applications.
(1)
Fees. The applicant shall pay a nonrefundable filing fee for each application in an amount as set from time to time by resolution of the Board of Trustees, as required pursuant to Village Code § 102-1.
(2)
Costs.
(a)
Each applicant to the Board of Appeals shall be liable for and shall pay the following fees and costs to the extent actually incurred by the Village in processing such applicant's application:
[1]
Advertising.
[2]
Stenographic minutes of meetings and hearings.
[3]
Engineering fees and costs incurred by the Village.
[4]
Legal fees for the Village Attorney, which shall be charged at an hourly rate approved by the Board of Trustees multiplied by the number of hours or portions thereof that the office of the Village Attorney actually spends on the application.
[5]
Recording fees.
[6]
Planning, sound, traffic, environmental or other specialized study or consultant's fees.
(b)
All of the foregoing fees and costs shall be consistent with fees and costs for similar services then prevailing in the community.
(3)
Deposits.
(a)
In addition to the fee required in Subsection A(1) hereof, the applicant shall deposit with the Village Clerk a sum of money to be used by the Village to defray the reimbursable fees and costs set forth in Subsection A(2) hereof, which are actually incurred by the Village in processing and reviewing the application. The sum deposited shall be as set from time to time by resolution of the Board of Trustees.
(b)
If the amount of the deposit described in the preceding Subsection A(3)(a) is insufficient to cover the reimbursable fees and costs set forth in Subsection A(2) hereof, then the applicant shall, at such time as is fixed by the Village Clerk, deposit with the Village Clerk an amount deemed by the Village Clerk sufficient to defray all such fees and costs. If the amount or amounts deposited exceed the fees and costs set forth in Subsection A(2) which are actually and necessarily incurred by the Village, then the unused portion of such deposit shall be returned to the applicant within 60 days after the Board of Appeals' decision on the application is filed with the Village Clerk.
(4)
No action shall be taken by the Board of Appeals on any application subject to the provisions of this section until all fees and deposits required hereunder are paid in full.
B.
In no event shall any fee payable under this section be refundable, in whole or in part.
§ 175-84 Application or petition for change to Zoning Code or Map.
[Amended 9-19-2005 by L.L. No. 1-2005; 7-5-2018 by L.L. No. 4-2018]
Any application or petition to the Village Board of Trustees for a proposed change or changes of this chapter, or a change or changes of the Zoning Map, as provided in Article XII of this chapter, shall be accompanied by a fee and deposit to cover costs, the amounts of which fee and deposit shall be set from time to time by resolution of the Board of Trustees.
§ 175-85 Certificates of occupancy.
[Amended 7-5-2018 by L.L. No. 4-2018;3-7-2019 by L.L. No. 1-2019]
A.
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy shall have been issued by the Superintendent of Buildings to the effect that the building or premises or part thereof so created, erected, changed or converted and the proposed use thereof conform to the provisions of this chapter. In the case of such buildings or premises it shall be the duty of the Superintendent of Buildings to issue a certificate of occupancy within a reasonable time after an application or written request for the same, accompanied by a fee and deposit to cover costs in amounts as set from time to time by resolution of the Board of Trustees, which shall have been filed and deposited with the Village Clerk by the owner of such building or premises or part thereof affected by this chapter, provided that said building or premises or part thereof so created/erected, changed or converted, and the proposed use thereof, conform with all the requirements of this chapter.
B.
A temporary certificate of occupancy for a building or premises or part thereof may be issued by the Superintendent of Buildings after an application or written request for the same, accompanied by a fee and deposit to cover costs in amounts as set from time to time by resolution of the Board of Trustees, which shall have been filed and deposited with the Village Clerk by the owner of such building or premises or part thereof affected by this chapter, provided that the Superintendent of Buildings determines that it is appropriate to issue same, and any such temporary certificate of occupancy shall contain such conditions as the Superintendent of Buildings deems necessary or appropriate to ensure that such building or part thereof so created/erected, changed or converted, and the proposed use thereof, shall fully conform with all the requirements of this chapter prior to issuance of a certificate of occupancy.
C.
Upon written request from the owner, accompanied by a fee and deposit to cover costs in amounts as set from time to time by resolution of the Board of Trustees, filed and deposited with the Village Clerk, the Superintendent of Buildings may issue a certificate of occupancy for any building or premises existing at the effective date of this chapter, certifying after inspection the use of the building or premises and whether such use conforms to the provisions of this chapter.