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Carbon Hill City Zoning Code

ARTICLE IX

Administration and Enforcement

§ 330-39 Preamble.

The administration of this chapter is hereby vested in:
A. 
The Office of the Building and Zoning Officer or designee.
B. 
The Zoning Board of Appeals.
C. 
The Planning Commission.
D. 
The Board of Trustees.

§ 330-40 Building and Zoning Officer.

The Building and Zoning Officer or designee shall enforce this chapter and in furtherance of his authority shall:
A. 
Determine conformance of applications for zoning certificates with regulations of this chapter.
B. 
Issue all zoning certificates, following approval as required in this chapter, and maintain records thereof.
C. 
Issue all certificates of occupancy, and maintain records thereof.
D. 
Direct the Building and Zoning Officer or designee(s) to conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this chapter.
E. 
Receive, file and forward to the Zoning Board of Appeals all applications for amendments, conditional uses, or for other matters on which the Zoning Board of Appeals is required to act under this chapter.
F. 
Receive, file and forward to the Planning Commission all applications for amendments, conditional uses, or other matters which under ordinance require referral to the Planning Commission.
G. 
Maintain permanent and current records of the administration and enforcement of this chapter, including, but not limited to, all maps, amendments, variations, appeals and applications therefor and records of hearing thereon, and designate on the zoning district map each amendment thereto.
H. 
Decide or make recommendations on all other matters under this chapter upon which the Building and Zoning Officer or designee is required to act.
I. 
Receive from the Village Clerk all notices of petitions for appeals, variations, amendments, and conditional use permits which have been referred by the Village Clerk to the Zoning Board of Appeals or other appropriate reviewing body.
J. 
Provide and maintain public information facilities relative to all matters pertaining to this chapter.

§ 330-41 Zoning certificates.

A. 
No permit pertaining to the use of land or buildings shall be issued by any officer or employee of the Village, unless the application for such permit has been examined by the Building and Zoning Officer or designee and has affixed to it a certificate of the Building and Zoning Officer or designee that the proposed building or structure and uses complies with all the provisions of this chapter. Any certificate issued in conflict with the provisions of this chapter shall be null and void.
B. 
An application for a zoning certificate for a use of land, buildings, or structures, which require compliance with performance standards herein set forth in Manufacturing Districts regulations, shall have affixed to it a certification of a professional engineer, licensed by the State of Illinois, whose qualifications pertinent to the engineering aspects of the various performance standards regulations have previously been approved by the Board of Trustees. The Building and Zoning Officer or designee shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate, provided there is compliance with all other provisions of this chapter. Within 15 days after the date of issuance of such zoning certificate, the Building and Zoning Officer or designee shall examine said application and if he finds the proposed use of land, building or structure does not comply with such performance standards or other applicable regulations of this chapter, he shall notify the professional engineer and person filing the application, in writing, of his finding. Failure of the professional engineer to show that such application is in compliance or for the applicant to submit a revised application which shows compliance within 30 days of such notification shall be cause for revocation of the zoning certificate.

§ 330-42 Filing plans.

All applications for zoning certificates shall be accompanied by plans in triplicate, drawn to scale, showing the actual shape, area and dimensions of the lot to be built upon, the exact size and location on the lot of the existing buildings and accessory buildings, and the lines within which the new buildings, or structures shall be erected, the existing and intended use of each building or structure, the number of dwelling units or lodging rooms a building is designed to accommodate, location and number of off-street parking and off-street loading spaces, and such other information with regard to the lot and neighboring lots and performance standards as may be necessary to determine and provide for the enforcement of this chapter. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Building and Zoning Officer or designee. The lot shall be officially surveyed and the location of the building thereon shall be staked out on the ground prior to the application being given consideration by the Building and Zoning Officer or designee.

§ 330-43 Certificate of occupancy.

A. 
No land shall be occupied or used in a manner different than that existing on the date of the passage of this chapter, and no building or structure hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy have been issued by the Building and Zoning Officer or designee stating that the building, structure, or land improvement complies with all the building and health laws and the provisions of this chapter. No change of use shall be made in any building, structure, or land improvement or part thereof, now or hereafter erected or altered, without an occupancy permit having been issued by the Building and Zoning Officer or designee, and no permit shall be issued to make such change unless it is on conformity with the provisions of this chapter and amendments thereto. Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, structure, or land improvement, except as may be necessary for the safety of life and property.
B. 
No certificate of occupancy permit for a change of use in an existing building, structure, or land improvement shall be issued until the premises have been inspected and certified by the Building and Zoning Officer or designee and Authorized Inspector(s) to be in compliance with applicable requirements for the zoning district in which it is located.
C. 
Application for a certificate of occupancy shall be made coincident with the application for a zoning certificate and shall be issued within 10 days after the erection or alteration of the building or structure has been completed. A record of all certificates of occupancy shall be kept on file in the Village Hall and copies shall be furnished on request to any person having proprietary or tenancy interest in the land, building, or structure affected. A fee shall be charged for each original certificate, and for each copy thereof, in such amounts set from time to time by the Board of Trustees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
D. 
Pending the issuance of a regular certificate of occupancy, a temporary permit may be issued to be valid for a period not to exceed six months from its date, during the completion of any building, structure, or land improvement or during partial occupancy thereof. Application for a temporary permit shall be accompanied with a statement covering the items of work to be completed and the reasons the temporary permit is requested.

§ 330-44 Zoning Board of Appeals.

A. 
Creation. The Zoning Board of Appeals of the Village, is hereby created in accordance with Illinois Statutes.
B. 
Membership and terms of office.
(1) 
The Mayor shall appoint a Zoning Board of Appeals consisting of seven members who shall be confirmed by a majority vote of the members of the Board of Trustees present and voting thereon. There is a one year residency requirement to be appointed.
(2) 
Appointed members shall serve staggered five-year terms. One of the members so appointed shall be named as Chairman at the time of his appointment, and in case of vacancy, the Mayor shall designate a Chairman which shall be confirmed by a majority vote of the Board of Trustees present and voting thereon. The Mayor shall have the power to remove any member of the Zoning Board of Appeals for cause, after public hearing. Vacancies on the Zoning Board of Appeals shall be filled, for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such new members.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
C. 
Jurisdiction. The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:
(1) 
To hear and decide an appeal from any order, requirement, decision, or determination made by the Building and Zoning Officer or designee or other authorized official of the Village having jurisdiction under this chapter.
(2) 
To hear applications for variations from the terms provided in this chapter in the manner and subject to the standards set forth in this section.
(3) 
To hold public hearings on matters pertaining to applications for amendments.
(4) 
To hear and decode upon all matters referred to it or upon which it is required to pass under this chapter, in accordance with applicable Illinois Statutes.
D. 
Meetings and rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such times and places within the Village as the Zoning Board of Appeals may determine. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The Chairman, or in his/her absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Board of Appeals shall be open to the public. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. The concurring vote of four members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Building and Zoning Officer or designee, or to decide in favor of the applicant on any matter on which the Board is authorized by this chapter to render a decision. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be immediately filed in the Village Hall and shall be public record. In the performance of its duties, the Zoning Board of Appeals may incur such expenditures as shall be authorized by the Board of Trustees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

§ 330-45 Variations.

A. 
Authority. The Board of Trustees shall decide all applications for variations of the provisions of this chapter after a public hearing held before the Zoning Board of Appeals. The Zoning Board of Appeals shall hold public hearings upon all applications for variations and shall report its recommendations to the Board of Trustees. The Zoning Board of Appeals shall recommend a variation only after they have made a finding of fact specifying the reason or reasons for recommending the variation. Such findings shall be based upon the standards prescribed in Subsection D of this section. No variation shall be granted by the Board of Trustees without such findings of fact. When the Zoning Board of Appeals fails to recommend a variation, it can only be adopted by an ordinance with the favorable vote of 2/3 of the Board of Trustees.
B. 
Initiation. An application for a variation may be made by any governmental office, department, board, bureau, or commission or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation.
C. 
Application for variation and notice of hearing. An application for a variation shall be filed with the Village Clerk, who shall forward a copy to the Zoning Board of Appeals without delay. All costs shall be born by the initiator. The application shall contain such information as the Zoning Board of Appeals may from time to time by rule provide. No more than 90 days after the filing such application, a hearing shall be held on the application. Notice of such hearing shall be published at least once, not more than 30 days nor less than 15 days before the hearing, in a newspaper of general circulation within the Village. The published notice may be supplemented by such additional form of notice as the Zoning Board of Appeals may be rule provide.
D. 
Standards for variations.
(1) 
The Zoning Board of Appeals shall not recommend a variation of the regulations of this chapter, as authorized herein unless it shall have made findings of fact based upon the evidence presented to it in each specific case that:
(a) 
The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located;
(b) 
The plight of the owner is due to unique circumstances;
(c) 
The variation, if granted, will not alter the essential character of the locality; and
(d) 
For the purpose of implementing the above rules, the Zoning Board of Appeals shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence:
[1] 
The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;
[2] 
The conditions upon which the petition for variation is based would not be applicable, generally to other property within the same zoning classification;
[3] 
The purpose of the variation is not based exclusively upon a desire to make more money out of the property;
[4] 
The alleged difficulty or hardship has not been created by the owner of the property, or by a previous owner;
[5] 
The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and
[6] 
The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(2) 
The Zoning Board of Appeals may recommend and the Board of Trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this chapter.
E. 
Authorized variations. Variations from the regulations of this chapter shall be granted by the Zoning Board of Appeals only in accordance with the standards set out in this section and may be granted only in the following instances, and in no others:
(1) 
To permit any yard or setback less than a yard or a setback required by the applicable regulations;
(2) 
To permit the use of a lot or lots of record on the effective date of this chapter for a use otherwise prohibited solely because of insufficient area or width of the lot or lots;
(3) 
To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week; and
(4) 
To reduce the applicable off-street parking or loading facilities required by 10% of the applicable regulations.

§ 330-46 Scope of appeals.

An appeal to the Zoning Board of Appeals may be made by any person, form or corporation, or by any office, department, board, or bureau aggrieved by a decision of the Building and Zoning Officer or designee under this chapter in accordance with Illinois Statutes and the following:
A. 
An application for an appeal shall be filed with the Village Clerk within 45 days of the date of the action from which the appeal is being filed, and thereafter the Village Clerk shall forward such application to the Zoning Board of Appeals for processing. The Village Clerk shall forward to the Building and Zoning Officer or designee a notice of appeal specifying the grounds thereof and he/she shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
B. 
An appeal stays all the proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after notice of appeal has been filed with him/her, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and due cause shown.
C. 
The Zoning Board of Appeals shall fix a reasonable time, not to exceed 90 days, for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made on the premises and to that end shall have all the powers of the officer from whom the appeal was taken.

§ 330-47 Amendments.

A. 
Authority. The regulations imposed and the districts created under the authority of this chapter may be amended, from time to time, by ordinance in accordance with applicable Illinois Statutes. An amendment shall be granted or denied by the Board of Trustees only after a public hearing before the Zoning Board of Appeals and a report of its findings and recommendations has thereafter been submitted to the Board of Trustees.
B. 
Initiation of amendments. Amendments may be proposed by the Board of Trustees, Planning Commission, and by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which mat become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.
C. 
Processing.
(1) 
An application for an amendment shall be filed with the Village Clerk and thereafter entered into the records of the first meeting thereafter of the Board of Trustees.
(2) 
A copy of such application shall thereafter be forwarded by the Village Clerk to the Zoning Board of Appeals with a request to hold a public Hearing and submit to the Board of Trustees a report of its findings and recommendations. Such public hearing shall be held upon such notice that shall be required by Illinois Statutes.
(3) 
The Village Clerk shall also transmit a copy of the application to the Planning Commission. The Planning Commission shall submit an opinion report relative to such proposed amendment to the Zoning Board of Appeals and Board of Trustees.
D. 
Decisions.
(1) 
The Board of Trustees, upon report of the Zoning Board of Appeals and without further public hearing, may grant or deny any proposed amendment in accordance with applicable Illinois Statutes, or may refer it back to the Zoning Board of Appeals for further consideration.
(2) 
In case a written protest against any proposed amendment signed and acknowledged by owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across the alley therefrom, or by owners of 20% of the frontage directly opposite the frontage to be altered, is filed with the Village Clerk, the amendment cannot be passed except on the favorable vote of 2/3 of all members of the Board of Trustees.

§ 330-48 Conditional permitted uses.

A. 
Purpose. The formulation and enactment of a comprehensive ordinance is based on the division of the entire Village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which on account of their potential influence upon neighboring uses or public facilities need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as "Conditional Permitted Uses" and fall into two categories:
(1) 
Uses either municipality operated or operated by publicly regulated utilities, or uses traditionally affected by public interest;
(2) 
Uses entirely private in character which, on account of their peculiar locational need, the nature of service they offer to the public, and their possible damaging influence on the neighborhood, may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations.
B. 
Initiation. Conditional permitted uses may be proposed by the Board of Trustees, Planning Commission, and by any other person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for a conditional permitted use.
C. 
Processing.
(1) 
An application for conditional permitted use shall be filed with the Village Clerk and thereafter entered into the records of the first meeting thereafter of the Board of Trustees.
(2) 
A copy of such application shall thereafter be forwarded by the Village Clerk to the Planning Commission with a request to hold a public hearing and submit to the Board of Trustees a report of its findings and recommendations. Such public hearing shall be held upon such notice that shall be required by Illinois Statutes.
D. 
Decisions.
(1) 
The Board of Trustees upon report of the Planning Commission and without further public hearing, may grant or deny any proposed conditional permitted use in accordance with applicable Illinois Statutes, or may refer it back to the Planning Commission for further consideration.
(2) 
In case a written protest against any proposed conditional permitted use signed and acknowledged by owners of 20% of the frontage proposed to be altered, or by owners of 20% of the frontage immediately adjoining or across the alley therefrom, or by owners of 20% of the frontage directly opposite the frontage to be altered, is filed with the Village Clerk, the conditional permitted use cannot be passed except on the favorable vote of 2/3 of all members of the Board of Trustees.

§ 330-49 Jurisdiction of Planning Commission.

The Planning Commission shall have the following duties under this chapter:
A. 
To receive copies of all applications for proposed amendments and variations and thereafter submit an opinion report thereon to the Zoning Board of Appeals and to the Board of Trustees;
B. 
To receive all applications for zoning certificates filed for conditional permitted uses and hold public hearings thereon; and
C. 
To initiate, direct and review, from time to time, a study of the provisions of the text and the map compromising this chapter, and to make reports of its recommendations to the Board of Trustees not less frequently than annually.