Crestwood City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 159.210 ENFORCEMENT.
(A) This chapter shall be enforced by the Building Commissioner who is hereby empowered and it shall be his or her duty to administer this chapter in conjunction with the administration of the portions of the general ordinances of the village as are commonly designated as the Building Code in a manner as to facilitate their joint administration.
(B) For the purpose of enforcing this chapter, the authority vested in him or her under the Building Code is hereby declared to be vested in him or her under this chapter.
(Prior Code, § 9B-9-1)
§ 159.211 APPLICATION FOR BUILDING PERMIT; PLAT REQUIRED.
Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale showing the actual dimensions of the lot to be built on, the size of the building to be erected and other information as may be necessary to provide the enforcement of this chapter. A careful record of these applications and plats shall be kept in the office of the Building Commissioner.
(Prior Code, § 9B-9-2)
§ 159.212 OCCUPANCY CERTIFICATES.
(A) Certificates required.
(1) Subsequent to the effective date hereof, no change in the use or occupancy of land, nor any change of use or occupancy in any existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the Building Commissioner. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter, except for variations granted by the Village Board.
(2) A certificate of occupancy shall be required of all nonconforming uses of land or buildings by the passage of this chapter. Application for such certificates of occupancy for nonconforming uses shall be filed with the Building Commissioner by the owner or lessee of the land or building occupied by the nonconforming use within one year from the effective date hereof. It shall be the duty of the Building Commissioner to issue a certificate of occupancy for nonconforming use. Any use which does not conform with the use regulations of the district in which it is located and for which any occupancy permit has not been obtained in conformity with the requirements of this division (A)(2) shall be presumed to be operating in violation of this chapter and the use shall thereupon be abated.
(B) Application for certificate; issuance; fees. Certificates of occupancy shall be applied for at the same time that the building permit is applied for and shall be issued within seven days after the erection or alteration of the building shall have been completed in compliance with the provisions of this chapter. A fee of $25 shall be charged for each original certificate and a fee of $1 for each copy thereof.
(C) Records kept, public information. A record of all certificates of occupancy shall be kept on file in the office of the Building Commissioner, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or in a building affected by the certificate of occupancy.
(Prior Code, § 9B-9-3)
§ 159.213 APPEALS.
(A) Initiation of appeals. An appeal may be taken to the Zoning Board of Appeals by any person, or by an officer, department, board or bureau of the village aggrieved by a decision of the Building Commissioner. The appeal shall be taken within 14 days from the date of the Building Commissioner’s decision by filing with the Building Commissioner and with the Zoning Board a notice of appeal specifying the grounds thereof. The Building Commissioner shall, forthwith, transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
(B) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Commissioner certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate, the stay would, in his or her opinion, cause imminent peril to life or property; in which case, the proceedings shall not be stayed otherwise than by a restraining order granted by the Zoning Board of Appeals or court of record on application and on notice to the Building Commissioner and on due cause shown.
(C) Hearing; decisions. The Zoning Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
(D) Fee. A fee of $500 shall be paid to the Village Clerk at the time the notice of appeal is filed; the fee to be transmitted to the Village Treasurer to the credit of the General Corporate Fund of the village. If the Board rules in favor of the appellant, the fee shall be refunded.
(Prior Code, § 9B-9-4) (Ord. 744, passed 6-7-1979; Ord. 745, passed 6-7-1979; Ord. 1904, passed 11-16-2006)
§ 159.214 VARIATIONS.
(A) Interpretations. A variation of the provisions of this chapter is the allowance of a specific change of a requirement of this chapter for a specific case. A variation shall not change or alter the provisions of this chapter, nor should it be considered an amendment hereto.
(B) Public hearing; notice. No recommendation for variation shall be made by the Zoning Board of Appeals, except in a specific case and after a public hearing before the Zoning Board of Appeals. A notice of the time and place of the public hearing shall be published in a paper of general circulation in the village at least once, not more than 30, nor less than 15, days before the hearing. This notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists of.
(C) Fee and procedure. Same as for amendments.
(Prior Code, § 9B-9-5) (Ord. 1904, passed 11-16-2006)
§ 159.215 AMENDMENTS.
(A) Amendments authorized; deposit; summary of procedures.
(1) The regulations or districts established by this chapter may be amended by ordinance. Application for amendment shall be made to the office of the Village Clerk on a form therefor provided and shall be accompanied by a deposit of $500. All expenses incurred by the village in the process of rezoning property shall be paid from the deposit. Any unused portion shall be returned to the applicant.
(2) Before any amendment shall be considered by the Village Board, the request for amendment shall be heard by the Plan Commission for the purpose of making a report and recommendation to the Village Board, but the report and recommendation shall be made only after holding a public hearing in relation thereto at which parties interest and citizens shall have an opportunity to be heard.
(3) Application for rezoning as provided by this chapter shall be accompanied by a deposit of $500. All expenses incurred by the village in the process of considering the application for rezoning shall be paid from the deposit. Any unused portion shall be returned to the applicant.
(B) Notice of hearing. Notice shall be given of the time and place of the hearing, not more than 30 days, nor less than 15, days before the hearing, by publishing a notice thereof at least once in one or more newspapers having a general circulation in the village.
(C) Consent of and notice to property owners.
(1) The application for amendment shall be signed by a real property owner in the area affected. In the event that the application includes property other than that owned by the applicant, in addition to the applicant’s property, the applicant shall file, on a form provided by the Village Clerk, a petition in favor of the request signed by the real property owners representing at least 75% of the area to be included in the application.
(2) In the event that the application includes property owned by more than one owner, the Plan Commission shall notify, by letter, all property owners in the area included within the application of the contemplated change. The letter shall be postmarked not later than one week prior to the Plan Commission hearing.
(D) Protests; decisions by Board of Trustees. In case of a written protest against any proposed amendment of the regulations or district, signed and acknowledged by the owners of 20% of the frontage proposed to be altered or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the amendment shall not be passed except by a favorable vote of two-thirds of the members of the Village Board.
(E) Requests for amendments by Plan Commission. The Plan Commission may, on its own motion, after a public hearing, submit to the Village Board any requests for amendment, and the action shall satisfy the requirements of this section with respect to a report and recommendation by the Plan Commission.
(F) Decisions by the Village Board. No proposed amendment, supplement or change shall be passed except for the favorable vote of two-thirds of the members of the Village Board.
(Prior Code, § 9B-9-6) (Ord. 1473, passed 11-16-1995)
§ 159.216 PREVENTION OF VIOLATIONS.
(A) In case any building or structure is constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Building Commissioner (or any owner or tenant of real property in the same contiguous zoning district as the buildings or structures in question), in addition to other remedies, may institute any appropriate action or proceedings:
(1) To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use;
(2) To prevent the occupancy of the building, structure or land;
(3) To prevent any illegal act, conduct, business or use in or about the premises; and
(4) To restrain, correct or abate the violation.
(B) When any action is instituted by an owner or tenant, a copy of the complaint shall be served upon the Chairperson of the Village Zoning Board of Appeals, at the time the suit is begun. No action may be maintained until the notice has been given.
(C) In any action or proceeding for a purpose mentioned in this section, the court with jurisdiction of the action or proceeding has the power and, in its discretion, may issue a restraining order or a preliminary injunction as a permanent injunction, upon the terms and under the conditions as will do justice and enforce the purpose of this section.
(D) If a permanent injunction is decreed in any action or proceeding for a purpose mentioned in this section, the court, in its decree, may, in its discretion, allow the plaintiff a reasonable sum in money for the services of the plaintiff’s attorney. This allowance shall be a part of the costs of litigation assessed against the defendant and may be recovered as such.
(Prior Code, § 9B-9-7) (Ord. 746, passed 6-7-1979)
§ 159.999 PENALTY.
Any person violating this chapter or failing to comply with any of its requirements shall, upon conviction thereof, be fined not more than $750 for each offense. Each day such violation continues shall be considered a separate offense.
(Prior Code, § 9B-9-8) (Ord. 706, passed 9-21-1978)