Charleston City Zoning Code
CHAPTER 3
ADMINISTRATION AND ENFORCEMENT
10-3-1: CITY COUNCIL:
The powers of the council shall be as authorized by 65 Illinois Compiled Statutes 5/3.1-40-5 through 5/3.1-40-55, and this code. Any action to overturn an unfavorable recommendation of the board of zoning appeals and planning or to delete a condition of approval recommended by the board shall require the affirmative vote of at least four-fifths (4/5) of the city council. Specific responsibilities described in this title include the following:
A. Appoint members to the board of zoning appeals and planning.
B. Decide all requests for amendments to the comprehensive plan and future land use map upon receipt of recommendations from the board of zoning appeals and planning.
C. Decide all requests for amendments to the zoning map and the text of this title upon receipt of recommendations from the board of zoning appeals and planning.
D. Decide all requests for planned unit developments and conditional use permits upon recommendation of the board of zoning appeals and planning.
E. Decide all appeals to actions of the board of zoning appeals and planning as provided for in this title.
F. Consider and adopt fees and authorize waivers to fees.
G. Other responsibilities assigned by state law. (Ord. 03-O-9, 3-18-2003)
10-3-2: BOARD OF ZONING APPEALS AND PLANNING:
A. Board Established; Composition; Appointment: There is hereby established a board of zoning appeals and planning. Said board shall consist of seven (7) members appointed by the mayor and subject to the approval of the council. Of the seven (7) members, one shall serve for a period of one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years, and successors shall be appointed for terms of five (5) years. The community development director, or their designee, shall serve as staff to the board.
B. Vacancies And Removals: Vacancies shall be filled by appointment for unexpired terms only. Members may be removed by the council, after hearing, on good cause shown.
C. Compensation: Each member shall be paid the sum of twenty two dollars ($22.00) for each regular meeting attended.
D. Officers: Upon appointment, the board of zoning appeals and planning shall select one member as its chair and another as its vice chair, each for a term of one year, subject to reelection. The chair, or in his absence the vice chair, may administer oaths and compel the attendance of witnesses. The board shall also select one member as secretary to keep minutes and maintain the records of the board.
E. Responsibilities: The board of zoning appeals and planning shall act in an advisory capacity to the city council in conformance with 65 Illinois Compiled Statutes 5/11-12-4 through 5/11-12-12. The board of zoning appeals and planning shall have the following powers:
1. Conduct public hearings and recommend action on variances, conditional uses, planned unit developments, and zoning amendments.
2. Recommend changes and amendments to the zoning map and the code text.
3. Hear and act on all appeals of any order, requirement, decision or determination by officials of the Community Development Department.
4. Make recommendations upon all other items referred to it by the city council.
F. Procedures:
1. Rules Of Procedure: The board of zoning appeals and planning shall adopt rules of procedure consistent with the provisions of this title.
2. Chairperson Administer Oath: The chairperson, or in the absence of the chairperson, the acting chairperson, shall administer oaths and compel attendance of witnesses.
3. Notice Of Meetings: Publication of the notice of public hearing and notification of affected property owners shall be done in conformance with chapter 4 of this title. The agenda for the meeting shall be posted in the city clerk’s office forty eight (48) hours prior to the scheduled meeting.
4. Conduct Of Meetings:
a. All meetings of the board of zoning appeals and planning shall be open to the public.
b. The board of zoning appeals and planning shall meet at least once a month, and more often if necessary, for the transaction of business.
5. Minutes:
a. The board of zoning appeals and planning shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions.
b. The minutes shall be filed in the office of the community development director, or their designee and shall be public record.
6. Conflict Of Interest: A member of the board shall inform the board, before the commencement of the public hearing, of any interest in the proposed action being reviewed by the board. The board member shall not participate in any discussion or voting on any item for which the board member or board member’s mother, father, children, siblings or in-laws has an interest. If a board member votes on a recommendation in which the board member has a conflict of interest, the member’s vote shall be voided.
7. Quorum:
a. No meeting shall be held unless a quorum of the board is present. (2006 Code)
b. The affirmative vote of the majority of the board members shall be required before the board shall approve a development request or make a recommendation to the city council. (Ord. 03-O-9, 3-18-2003; amd. 2006 Code; Ord. 2025-O-5, 2-18-2025)
10-3-3: COMMUNITY DEVELOPMENT DIRECTOR:
In addition to the requirements promulgated in this code, the community development director, or their designee shall have the responsibility and authority to administer and enforce the provisions of this title. (Ord. 2025-O-5, 2-18-2025)
10-3-4: PUBLIC WORKS DIRECTOR:
In addition to the requirements promulgated in this code, the public works director shall have the responsibility to administer and enforce certain provisions of this title, as stated herein, and including, but not limited to, the following powers and duties:
A. Assist the community development director, or their designee, with development review responsibilities.
B. Review subdivisions, vacations or abandonment of streets, easements or plats and make recommendations to the board of zoning appeals and planning.
C. Review development improvement agreements and determine the amount of the letter of credit, cash escrow or surety bond required for the construction of public improvements. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)
10-3-5: COORDINATION AMONG OFFICIALS:
The public works director, chief of police, fire chief and city attorney shall assist the community development director, or their designee, in the enforcement of this title.They shall be members of any committee established for the review of development applications. Officials of public utility companies also may be included in any plan review committee in order to determine that utilities will be available for the proposed development and will be sufficient to meet the needs of the new residents or utility users. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)
10-3-6: FEES:
A. Fees Required And Established: A schedule of fees, charges and expenses for matters pertaining to this title is hereby established. No permit, certificate, variance or amendment shall issue unless and until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the board of zoning appeals and planning (BZAP) unless and until preliminary charges or fees have been paid in full. The schedule of fees listed below shall be posted in the office of the city planner and the clerk and may be altered or amended only by the council.
1. Amendments: Petition to amend zoning title or for variance, conditional use or zero lot line: One hundred dollars ($100.00).
2. Major Subdivision Plat: Major subdivision plat approval or planned unit development (PUD): Two hundred fifty dollars ($250.00).
3. Appeals: Appeal to board of zoning appeals and planning (BZAP): Fifty dollars ($50.00).
4. Continuances: Continuances granted to the petitioner due to petitioner not being ready to proceed: One hundred dollars ($100.00) per meeting.
5. Notices: Petitioner shall bear the cost of the legal notice publication in the local newspaper. City staff shall draft and prepare said legal notice, notify petitioner, and petitioner delivers to the local newspaper and arranges for publication.
B. Payment Of Fees: All fees shall accompany the application, shall be made payable to the city comptroller and shall be submitted to the community development director, or their designee.
C. Exemptions And Waivers:
1. No fee is required for an application filed in the public interest by members of the city staff, city council or the board of zoning appeals and planning.
2. The city council shall decide on all requests for fee waivers. (Ord. 03-O-9, 3-18-2003; amd. Ord. 03-O-38, 12-16-2003; Ord. 2025-O-5, 2-18-2025)
10-3-7: VIOLATIONS:
A. The remedies provided in this section for violations of any provision of this title, whether civil or quasi-criminal, shall be cumulative and shall be in addition to any other remedy provided by law. Except as otherwise provided in this title, any development or use initiated after the effective date hereof, or maintained in violation of this title, which is not in compliance with the provisions of this title is prohibited and shall be referred to herein as an "unlawful" development or use.
B. Any of the following shall be a violation of this title and shall be subject to the remedies and penalties provided for in this title:
1. Use, Structure Or Sign Without Permit Or Approval: To place any use, structure or sign upon land that is subject to this title without all of the approvals required by this title.
2. Activities Inconsistent With This Title: To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign or other regulation of this title.
3. Activities Without Permit Or Approval: To engage in any subdividing, development, construction, remodeling or other activity of any nature upon land that is subject to this title without all of the approvals required by this title.
4. Activities Inconsistent With Permit: To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity.
5. Activities Inconsistent With Conditions: To violate, by act or omission, any term, condition, or qualification placed by a decision making body upon any permit or other form of authorization.
6. Making Lots Or Setbacks Nonconforming: To reduce or diminish any lot area so that the size, setbacks or open spaces shall be smaller than prescribed by this title.
7. Increasing Intensity Of Use: To increase the intensity of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this title.
8. Removing Or Defacing Required Notice: To remove, deface, obscure or otherwise interfere with any notice required by this title.
9. Failure To Remove Signs Or Other Improvements: To fail to remove any sign or other improvement installed, created, erected or maintained in violation of this title, or for which the sign permit has lapsed. (Ord. 03-O-9, 3-18-2003)
10-3-8: SEPARATE OFFENSES:
Each day that a violation remains uncorrected, after receiving notice of the violation from the city, shall constitute a separate violation of this title. (Ord. 03-O-9, 3-18-2003)
10-3-9: CIVIL REMEDIES AND ENFORCEMENT POWERS:
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, or use to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. The following remedies and enforcement powers may be used to administer and enforce this title:
A. Withhold Permit: The city may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this title or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
B. Permits Approved With Conditions: Instead of withholding or denying a permit or other authorization, the city may grant such authorization subject to the condition that the violation be corrected.
C. Revoke Permits:
1. Any development permit or other form of authorization required under this title may be revoked when the community development director, or their designee, determines that:
a. There is departure from the plans, specifications, or conditions as required under terms of the permit;
b. The development permit was procured by false representation or was issued by mistake; or
c. Any of the provisions of this title are being violated.
2. Written notice of such revocation shall be served upon the owner, the owner’s agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location, and thereafter, no such construction shall proceed.
D. Stop Work: With or without revoking permits, the city may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this title or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under this title.
E. Revoke Plan Or Other Approval: Where a violation of this title involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the city council may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval, or condition its continuance on strict compliance with this title, the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the city council may reasonably impose.
F. Injunction And Abatement: The city, through its authorized agents, including the community development director, or their designee , may initiate injunction or abatement proceedings or other appropriate action in the district court against any person who fails to comply with any provision of this title, or any requirement or condition imposed pursuant to this title, to prevent, enjoin, abate, or terminate violations. The city may seek a court order in the nature of mandamus, abatement, injunction or other action for proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition which existed prior to the violation. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)
10-3-10: CIVIL PENALTIES:
A. It shall be illegal to sell any lot, tract or property that does not conform to the requirements and regulations of this title, and every such sale or attempt to sell shall be subject to a fine of not less than five hundred dollars ($500.00) for each lot or tract. (Ord. 03-O-9, 3-18-2003)
B. Any person, firm or entity who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this title shall, upon conviction, be fined not less than fifty dollars ($50.00) and not more than seven hundred fifty dollars ($750.00). Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. 03-O-9, 3-18-2003; amd. Ord. 07-O-16, 4-3-2007)
C. Every such action shall be brought before the circuit court. In the event a private cause of action for violation is brought, the prevailing party in such suit is entitled to recover judgment against any person failing to comply with provisions of this title for reasonable attorney fees in an amount determined by the court. (Ord. 03-O-9, 3-18-2003)
10-3-11: NOTIFICATION PROCEDURES:
Whenever a violation of this title occurs, the community development director, or their designee, or other authorized representative, shall give written notice of such violation, either personally or by regular United States mail, to the owner(s) of such premises, or to the person(s) responsible for such violation and shall post such notice on the premises. The letter shall direct that, within ten (10) days following receipt of the written notice, the violation shall be corrected. If, after such time, but within five (5) days, the violation continues or ever occurs again, the city may issue a general code complaint. If the violation is abated, but occurs again at a later date, the city is not required to renotify the same violator of the same violation. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)
10-3-12: REMEDIES CUMULATIVE:
The remedies and enforcement powers established in this title shall be cumulative. (Ord. 03-O-9, 3-18-2003)