Creve Coeur City Zoning Code
CHAPTER 15
ADMINISTRATION AND ENFORCEMENT
10-15-1: BUILDING INSPECTOR:
The building inspector is hereby authorized and directed to enforce all the provisions of this title. The building inspector shall be appointed by the mayor of the village by and with the consent of the village board. The building inspector shall have the power to:
(A) Issue building permits, and make and maintain records thereof.
(B) Issue certificates of occupancy permits, and make and maintain records thereof.
(C) Conduct inspections of buildings, structures, and premises necessary to carry out the duties of administration and enforcement of this title, or other matters on which the zoning board is required to pass.
(D) Receive, file and forward to the zoning board all applications for appeals, variations, special uses, amendments to this title, or other matters on which the zoning board is required to pass.
(E) Perform such other further functions necessary and proper to enforce and administer the provisions of this title.
The salary or rate of pay of the building inspector shall be established in each annual budget of the village. Unless otherwise provided, the building inspector shall be paid the then current federal minimum wage. The building inspector may also be reimbursed for the inspector's travel expenses on a basis to be determined by the village board. Any and all proceeds collected by the building inspector shall be turned over to the village treasurer. (Ord. 482, 4-7-1982; amd. Ord. 526-B, 1-11-1995; Ord. 882, - -2019)
10-15-2: BUILDING PERMIT APPLICATION:
(A) No building or structure within the village shall hereafter be erected, moved, altered or razed, nor shall any such work be started to erect, move, alter or raze until a building permit shall have been obtained from the building inspector, as required by the village building code; nor shall any material change be made in the use of any building or land without a building permit having been obtained from the building inspector. No such building permit shall be issued to erect a building or structure or make any change of use of a building or land unless it is in conformity with the provisions of this title and all amendments hereto. The building inspector shall have the authority to issue permits for temporary buildings and uses for construction purposes, when said building or use will not continue for a period exceeding one year. Unless construction is started within six (6) months after the date of issuance of a building permit, the building permit shall automatically become void and fees forfeited. The building inspector may reinstate a building permit that has become void for failure to commence construction without payment of further fees in his discretion upon good cause shown. Fees for inspection and the issuance of permits, certificates or copies thereof required or issued under the provisions of this title shall be collected by the building inspector in advance of issuance. The amount of such fees shall be established by ordinance or resolution of the village board.
(B) The building inspector shall not refuse to issue a permit when conditions imposed by this title are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of such permit.
(C) The building inspector shall require that all applications for building permits be accompanied by plans and specifications including a plot plan, in duplicate, drawn to scale, showing the following:
1. The actual shape, location and dimensions of the lot drawn to scale.
2. The shape, size and location of all buildings or other structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.
3. Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this title are being observed.
4. A site plan and permit application, if required, under section 10-14-15 of this title regarding stormwater and erosion control.
One copy of the plans shall be returned to the applicant by the building inspector, after he shall have marked such copy either as approved or disapproved. The second copy shall be retained in the office of the building inspector.
(D) Upon the completion of the work authorized by a building permit, the holder thereof shall seek final inspection thereof by notifying the building inspector. The building inspector shall make such final inspection. (Ord. 482, 4-7-1982; amd. Ord. 661, 9-10-2008; Ord. 882, - -2019)
10-15-3: CERTIFICATE OF OCCUPANCY:
No land, building, or structure, or part thereof shall be occupied by or for any use for which a building permit is required by this title unless and until a certificate of occupancy shall have been issued for such new use. The following shall apply in the issuance of any certificate:
(A) No building or addition thereto constructed after the effective date of this title, no addition to a previously existing building shall be occupied, and no vacant land on the effective date of this title shall be used for any purpose until a certificate of occupancy has been issued by the building inspector. No change in a use, other than that of a permitted use, shall be made until such certificate of occupancy has been issued. Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this title.
(B) A record of all certificates issued shall be kept on file in the office of the building inspector, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.
(C) Accessory buildings to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such building.
(D) Application For Certificate Of Occupancy: Every application for a building permit shall be deemed to be an application for a certificate of occupancy, which shall be made in writing to the building inspector on forms furnished by the village. An application for a certificate of occupancy for a new use of land where no building permit is required shall be made in writing to the building inspector on forms furnished by the village.
(E) Issuance Of Certificate Of Occupancy: No certificate of occupancy shall be issued for a building or structure, or portion thereof until construction has been completed and inspected for conformance with the submitted plans and specifications and with the provisions of this title. Nothing in this title shall prevent the building inspector from issuing of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period in excess of six (6) months from the date of issuance, and provided further that such portion of the building, structure, or premises is in conformity with the provisions of this title. If such certificate is refused the applicant shall be notified in writing of such refusal and reasons therefor.
(F) Certificates of occupancy are not transferable to another operator or to another location. (Ord. 482, 4-7-1982; amd. Ord. 882, - -2019)
10-15-4: DISPLAY OF PROPERTY IDENTIFICATION NUMBER:
In order to aid in the identification of property locations, it is necessary that each property in the village of Creve Coeur be adequately and properly identified by street number and location.
Each owner or person in possession or control of any parcel of property located within the boundaries of the village shall post the street address identification number assigned to said property in a conspicuous manner either upon any improvement located thereon or in the yard immediately adjacent to said improvement. Such display shall be in a conspicuous manner so as to allow the easy observation of the same from the roadway immediately adjacent to and in front of each parcel of property. (Ord. 625, 10-13-2004; amd. Ord. 882, - -2019)
10-15-5: VARIATIONS:
(A) The zoning board, after a public hearing, may recommend a variation the regulations of this title in harmony with the general purposes and intent of this title, and where the zoning board makes findings of fact, in accordance with the standards hereinafter prescribed, that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title.
(B) Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession thereof, or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is specifically enforceable, may file an application to vary the regulations of this title.
(C) Application For Variations And Notice of Hearing: An application for a variation shall be filed in writing with the building inspector on a form prescribed by the zoning board. The application shall contain such information as the zoning board may require by rule. Upon receipt of an application for a variation, the zoning board shall hold at least one public hearing on the proposed variation. Notice of the public hearing shall be published at least once not more than thirty (30) days nor less than fifteen (15) days before the hearing in a newspaper of general circulation in the village. The notice shall contain the particular location for which the variation is requested, including the common street address and property index number, as well as brief statement of what the proposed variation consists of. The published notice may be supplemented by an additional form of notice as the zoning board, by rule, may require.
(D) Standards For Variations: The zoning board shall not recommend a variation and village board shall not vary the regulations of this title, as authorized in this section, unless it makes findings based upon the evidence presented to it in each specific case that:
1. Because of the particular physical surroundings, shape, topographical conditions, or other extraordinary conditions of the specific property involved, a practical difficulty or particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
2. The conditions upon which an application for a variation is based are unique to the property for which the variance is sought and are not 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 is caused by this title and has not been created by any persons presently having an interest in the property.
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.
6. The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public street, increase the danger of fire or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
In granting a variance the zoning board shall issue a written recommendation, which shall include findings of fact specifying the reasons for granting the variation. The zoning board may also impose such conditions and restrictions upon the property benefited by the variation as it deems necessary to comply with the standards established in this section, to reduce or minimize the effect of such variation upon other properties in the neighborhood, and to better carry out the general purposes and intent of this title.
(E) Authorized Variations: Variations from the regulations of this title shall be granted by the zoning board only in accordance with the standards established in this section, and may only be granted with respect to the following matters:
1. To permit any yard or setback less than the yard or a setback required by the applicable regulations.
2. To permit the erection and use of a building or use of premises for public utility purposes, and make exceptions therefore to the height and bulk district requirements herein established.
3. To permit the modification of the automobile parking spaces or loading space(s) requirements herein established.
4. To permit the modification of the height and area regulations herein established.
(F) Decisions: The concurring vote of four (4) members of the zoning board shall be necessary to recommend approval of a variation. The zoning board shall only recommend approval of a variation upon evidence that it meets the standards established in this section. The recommendation of the zoning board shall be set forth in writing with the findings of fact specifying the reasons(s) for recommending approval of the variation.
The village board may grant or deny any application for a variation. The village board shall only grant a variation upon evidence that it meets the standards established in this section. The decision of the village board shall be set forth in writing with the findings of fact specifying the reasons(s) for granting the variation. In addition, any application for a variation which fails to receive a recommendation for approval by the zoning board shall not be approved by the village board except upon a vote of two-thirds of the trustees then holding office.
No order of the village board granting a variation shall be valid for a period longer than one (1) year from the date of such order unless a building permit is obtained within such period and the erection or alteration of a building is commenced or the use of the property is commenced and completed in accordance with the terms of such permit. A property for which a variation has been granted shall not violate the conditions and restrictions imposed or findings of fact issued by village board unless changed by further appeal in accordance with this section. (Ord. 882, - -2019)
10-15-6: SPECIAL USES:
(A) The development and execution of this title is based upon the division of the village into districts, within which districts the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the given location. Such special uses fall into two (2) categories:
1. Uses publicly operated or traditionally affected with a public interest.
2. Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(B) Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession thereof, or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is specifically enforceable, may file an application to use land for one or more of the special uses provided for in this title in the zoning district in which the land is located.
(C) Application For Special Use: An application for a special use permit shall be filed with the building inspector on a form prescribed by the zoning board. The application shall be accompanied by such plans or data prescribed by the zoning board, including, but not limited to, a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in this section.
In addition, an applicant for a special use permit shall include with the application a list of the owners, as recorded in the office of the Tazewell County recorder of deeds and as appears from the authentic tax records of such county, of all property within two hundred fifty (250) feet in each direction of the location for which the special use is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty (250) feet requirement.
(D) Hearing On Application: Upon receipt of an application the zoning board shall hold at least one public hearing on the proposed special use. Not more than thirty (30) days or less than fifteen (15) days in advance of such hearing, notice of time and place of such hearing shall be published at least once in a newspaper of general circulation in the village, as prescribed by the Illinois Municipal Code. The notice shall contain the particular location in which the special use is requested, including the common street address and property index number, and a brief statement of the requested special use.
The zoning board shall also, not more than thirty (30) days nor less than fifteen (15) days before the hearing at which the application for special use is to be considered, send written notice to the persons within two hundred fifty (250) feet of the subject property appearing on the list required herein to be furnished by the applicant, which shall contain the time and place of the hearing, the address of the requested special use, the name and address of the applicant for special use, and a brief statement of the nature of the requested special use.
Supplemental or additional notices may be published or distributed as the zoning board may, by rule, prescribe from time to time.
(E) Authorization Of Special Use: The concurring vote of four (4) members of the zoning board shall be necessary to recommend approval of an application for a special use permit. The zoning board shall only recommend approval of a special use upon evidence that it meets the standards established in this section. The recommendation of the zoning board shall be set forth in writing with the findings of fact, and shall include any stipulations or additional conditions and guarantees, which must be complied with as the zoning board deems necessary for the protection of the public interest.
The village board may grant or deny any application for a special use permit. The village board shall only grant an application for special use upon evidence that it meets the standards established in this section. The decision of the village board shall be set forth in writing with the findings of fact, and shall include any stipulations or additional conditions and guarantees, which must be complied with as the village board deems necessary for the protection of the public interest. In addition, any application for a special use permit which fails to receive a recommendation for approval by the zoning board shall not be approved by the village board except upon a vote of two-thirds of the trustees then holding office.
(F) Standards: No special use shall be recommended by the zoning board for approval or granted by village board unless it shall make findings based upon the evidence presented to it in each specific case that:
1. The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood.
3. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
5. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village board pursuant to the recommendations of the zoning board.
7. Where it is found a use not otherwise acceptable to the neighborhood in which it is located would be acceptable with certain conditions of use operation and improvement, the zoning board may recommend and the village board may require the granting of such special use subject to specified conditions. Such conditions may include:
(a) Landscape screening or fencing.
(b) Hours of operation.
(c) Night lighting (including parking areas) so as not to be annoying to surrounding properties.
(d) Requirements for access lanes and parking areas to protect pedestrian safety.
(e) Restraint on signage so as to be compatible with surrounding properties.
(f) Limitation on outdoor storage.
(g) Where any site plan expansion is proposed.
(h) Any other such requirements which, in the opinion of the zoning board of appeals or council, would render the use compatible with surrounding properties.
(G) Termination Of Special Uses: Any special use authorized by the village board shall be deemed to have automatically terminated upon the occurrence of any of the following:
1. The failure to establish the special use within one (1) year after authority to establish the special use is granted by the village board.
2. After establishment of a special use, the discontinuation of that use for a period of twelve (12) consecutive months.
3. The violation of any condition, stipulation or agreement placed upon the special use by the village board.
In the event that a special use authorized with respect to any property within the village is discontinued, abandoned or terminated as provided in this section, the only uses which may be established on that property are the permitted uses authorized under the zoning regulations applicable to that property or any special use authorized by the village board which has not been terminated, discontinued or abandoned in accordance with the provisions of this section.
(H) Effect Of Special Use Permit: Upon the authorization of any special use with respect to a given property, any person entitled by any possessory interest to utilize that property may establish the authorized special use but only in accordance with any conditions, stipulations or agreements applicable to such special use. In the alternative, any such person may establish with respect to such parcel any permitted use authorized by the zoning regulations applicable to the district in which the parcel is located. (Ord. 882, - -2019)
10-15-7: APPEALS:
An appeal may be taken to the zoning board by any person or by any office, department, board or bureau within the village aggrieved by a decision of the building inspector or other authorized official. Such an appeal shall be taken within forty-five (45) days from the date of the action complained of, by filing with the building inspector and with the zoning board a notice of appeal in accordance with Title 2, Chapter 9 of this code. (Ord. 882, - -2019)