Coal City City Zoning Code
ARTICLE XV
Administration
§ 156-310 Permits and certificates.
[Amended 2-27-2012 by Ord. No. 12-03]
A.
Building permit. It shall be unlawful to commence the construction, alteration, repair, restoration, removal, or demolition of any structure in the Village without obtaining a building permit from the Village. The Building Officer shall issue no building permit unless he or she has determined that the plans for the property for which the permit is sought comply with all applicable provisions of this chapter and with other applicable codes and ordinances of the Village.
B.
Repair or replacement policy.
(1)
A building permit shall not be required if a homeowner is simply repairing or replacing a previously approved improvement on a property. In order to comply with this standard, the work must comply with each of the following conditions:
(a)
The repair or replacement materials are the same in size; i.e., it does not encroach any further, is the same in height or width as the present improvement.
(b)
The quality of the materials utilized during repair or replacement must be the same or perform better.
(c)
None of the work entails replacement of major electrical or plumbing system improvements.
(d)
The current improvement complies with the current Village Code and is not considered nonconforming.
(2)
Failure to meet all of the aforementioned standards requires the improvement to receive a building permit prior to its commencement. Final interpretation of this section shall be determined by the Zoning Administrator.
C.
Certificate of occupancy.
(1)
The Building and Zoning Official shall issue no certificate of occupancy for a new or remodeled premises unless he or she has inspected the premises after completion of all construction and certified that the premises are in conformity with the plans on which the building permit was based. He or she shall likewise issue no certificate of occupancy for a change of occupancy without certifying that the proposed occupancy will be in conformance with all applicable regulations herein.
[Amended 7-27-2016 by Ord. No. 16-16]
(3)
A temporary certificate of occupancy for a period not to exceed six months may be issued, consistent with the safety of the occupants, for occupancy or partial occupancy pending completion of construction or alterations.
(4)
The Building and Zoning Official shall either issue or deny a certificate of occupancy within 20 days of application therefor. The Building and Zoning Official shall advise the applicant in writing of the reasons for any denial.
[Amended 7-27-2016 by Ord. No. 16-16]
§ 156-311 Enforcement.
The Zoning Administrator is hereby designated and authorized to enforce this chapter.
§ 156-312 Planning Commission.
[Amended 9-12-1994 by Ord. No. 94-26; 4-26-1999 by Ord. No. 99-2; 10-25-1999 by Ord. No. 99-17; 2-23-2009 by Ord. No. 09-10; 5-26-2009 by Ord. No. 09-18]
A.
Authority and powers. The Planning Commission of the Village is the "Planning Commission" referred to in this chapter. The Planning Commission shall consist of the Village President, an additional Trustee to be chosen by the Village President and the Board of Trustees and the seven public members of the Zoning Board of Appeals. The Planning Commission shall have such powers and duties as are now or may hereafter be given to it by law and is hereby vested with the power and responsibility to:
[Amended 7-27-2016 by Ord. No. 16-16]
(1)
Prepare and recommend to the Village Board a Comprehensive Plan and any additional plans for the development and redevelopment of the Village and its extraterritorial planning jurisdiction.
(2)
File an annual report with the President and Village Board setting forth its transactions and recommendations.
(3)
Keep written minutes of its proceedings, which shall be a public record.
(4)
Adopt bylaws and any other procedural rules consistent with this and other Village ordinances and state law.
(5)
Prepare and recommend to the Village Board changes in any Village plan or part thereof.
(6)
Prepare and recommend to the Village Board proposals for specific improvements to carry out Village plans.
(7)
Cooperate with county and regional planning commissions and other groups to promote coordinated planning.
(8)
Recommend to the Village Board the employment of such professional planning, legal, engineering, or administrative assistance as is necessary to fulfill its responsibilities.
(9)
Advise the Zoning Board of Appeals on plan provisions and other planning factors related to the Zoning Board of Appeals' review of zoning petitions.
B.
Appointments.
(1)
The President shall, with the advice and consent of the Village Board:
(a)
Appoint all members.
(b)
Appoint one member to serve as Chairperson and another member to serve as Vice Chairperson, who shall serve as Acting Chairperson in the Chairperson's absence.
(c)
Appoint a new member to fill the unexpired term of any member whose place has become vacant and appoint a new Chairperson should that office be vacated.
(d)
Have the power to remove any member for cause after a public hearing.
(2)
All successors to the original members shall be appointed for a term of five years.
C.
Meetings.
(1)
All meetings shall be held at the call of the Chairperson and at such other times as the Planning Commission shall determine and shall be open to the public. No meeting shall be conducted in the absence of a quorum.
(2)
The Planning Commission shall keep minutes of its proceedings. The minutes shall show the vote, or absence or abstention, of every member upon every official action, and shall be a public record on file in the office of the Village Clerk.
D.
Compensation. Planning Commission members shall not be paid.
§ 156-313 Zoning Board of Appeals.
[Amended 9-12-1994 by Ord. No. 94-26; 2-23-2009 by Ord. No. 09-10; 5-26-2009 by Ord. No. 09-18]
A.
Authority and power. The Zoning Board of Appeals of the Village is the "Zoning Board of Appeals" referred to in this chapter. The Zoning Board of Appeals shall consist of seven members. These members, who shall be qualified electors of the Village, shall be selected and appointed by the Village President, by and with the advice and consent of the Board of Trustees. The Zoning Board of Appeals is hereby vested with the power and responsibility to:
(2)
Hear and make final determinations on all appeals.
(3)
Keep written minutes of its proceedings, which shall be a public record.
(4)
Adopt bylaws and any other procedural rules consistent with this chapter and other Village ordinances and state law.
(5)
Recommend to the Village Board the employment of such professional zoning, legal, engineering, or administrative assistance as is necessary to fulfill its responsibilities.
(6)
Hear all other matters referred to it by the Village Board.
(7)
The concurring vote of four members of the Zoning Board of Appeals shall be required to take action on all such matters. The Zoning Board of Appeals is also empowered to initiate, direct, and review studies of the provisions of this chapter and to make recommendations to the Village Board thereupon at least once a year.
B.
Appointments.
(1)
The President shall, with the advice and consent of the Village Board:
(a)
Appoint all members.
(b)
Appoint one member to serve as Chairperson and another to serve as Vice Chairperson to serve as Acting Chairperson in the absence of the Chairperson.
(c)
Appoint a new member to fill the unexpired term of any member whose place has become vacant and appoint a new Chairperson should that office be vacated.
(d)
Have the power to remove any member for cause after a public hearing.
(2)
All successors to the original members shall be appointed for a term of five years.
C.
Meetings.
(1)
All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as the Zoning Board of Appeals may determine and shall be open to the public, except when an executive session is authorized by law.
(2)
The minutes of all meetings shall show the vote, or absence or abstention, of every member upon every official action. All decisions of the Zoning Board of Appeals shall be a public record on file in the office of the Village Clerk.
(3)
Any Board member absent during proceedings before the Zoning Board of Appeals who certifies that he or she has read the transcript or listened to a tape recording of such proceedings may vote on any question heard during such proceedings.
D.
Compensation. Members of the Zoning Board of Appeals shall be paid a stipend of $30 per meeting, for each meeting attended; provided that no member of the Zoning Board of Appeals shall be paid more than $720 in any year.
[Amended 7-27-2016 by Ord. No. 16-16]
§ 156-314 Zoning Administrator and Village Clerk.
A.
Zoning Administrator. The Zoning Administrator of the Village shall be charged with the enforcement of this chapter. In discharging this responsibility, he or she shall:
(1)
Issue certificates of occupancy, conditional use permits, temporary use permits, sign permits, and other permits or certificates provided for herein.
(2)
Conduct inspections of structures and uses to determine compliance with this chapter.
(3)
Notify in writing any party believed to be responsible for violating a provision of this chapter and order action to correct the violation.
(4)
Prepare and cause to be published on or before March 31 of each year a Zoning District Map as amended through the preceding December 31.
(5)
Attend all meetings of the Zoning Board of Appeals.
(6)
Provide clerical or technical assistance to the Zoning Board of Appeals.
(7)
Request the assistance and cooperation of other Village officials, departments, boards, or commissions, or other agencies as necessary in the discharge of his or her duties.
(8)
Procure such engineering, planning, or legal assistance from technical experts outside the Village government as may be necessary to discharge his or her duties and as is authorized by the Village Board.
B.
Village Clerk. The Village Clerk or a Deputy Clerk shall have the responsibility to:
(1)
Receive and forward to the Zoning Board of Appeals all applications and notices required by this chapter.
(2)
Maintain records of applications filed, public hearings held, permits and certificates issued, inspections made, reports rendered, and notices or orders issued under the provisions of this chapter.
§ 156-315 Appeals.
A.
Applicability. Any party aggrieved by an administrative order, requirement, decision, or determination made under this chapter by the Zoning Administrator, Building Officer, or other authorized administrative official, board, commission, or department of the Village other than the Village Board may appeal to the Zoning Board of Appeals.
B.
Notice of appeal. A notice of appeal shall be filed with the Zoning Administrator within 45 days of the order or decision being appealed. The notice shall contain:
[Amended 7-27-2016 by Ord. No. 16-16]
(1)
The name, address, and telephone number of the party filing the appeal.
(2)
The location of the property affected by the decision being appealed.
(3)
Identification of the provision of the chapter governing the decision being appealed.
(4)
A statement of the grounds on which the appeal is based.
(5)
The reason given by the administrative official or body for the decision.
(6)
A brief summary of the factual evidence upon which the appeal is based.
(7)
A plot plan and verbal description of the use affected by the decision being appealed.
C.
Stay of proceedings. The filing of a notice of appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Zoning Board of Appeals that in his or her judgment a stay would cause imminent peril to life or property. In such case, no proceedings shall be stayed without issuance of a restraining order by the Zoning Board of Appeals or a court of record.
D.
Hearing and action.
(1)
Upon receipt, the Zoning Administrator shall forthwith transmit the notice of appeal and the complete record of the decision to the Zoning Board of Appeals. The Zoning Board of Appeals shall fix a reasonable time for a hearing on the appeal and give a minimum of 10 days' notice to the party filing the notice.
(2)
After the hearing, the Zoning Board of Appeals shall take final action on the appeal, whereby it may affirm, reverse, or modify the action being appealed, subject only to judicial review in accordance with applicable state law. To this end, a majority vote of all its members shall be required for the Zoning Board of Appeals to take any action.
[Amended 7-27-2016 by Ord. No. 16-16]
E.
Approval criteria for appeals. The Zoning Board of Appeals shall reverse the order appealed only if it finds that the action or decision appealed: