A.   No building shall be erected or substantially altered unless a building permit has been issued by the Zoning Administrator stating the building complies with this title. For purposes of this subsection, the construction of a garage, deck, porch, patio, fence, or swimming pool shall be deemed an alteration of a building.

   B.   The Zoning Administrator shall prescribe a form for an application for a building permit. The form shall require, at a minimum, the name and address of the person seeking the building permit, the purpose of the construction, the present zoning classification of the property and a sketch map showing the dimensions of the lot, the location, square footage and setbacks of any existing structures on the lot and the square footage, location and setbacks of proposed structures, if any, to be constructed on the lot. The form provided by the Zoning Administrator shall contain the following legend, to be initialed as applicable in each case by the applicant:

   C.   Each building permit application shall be accompanied by a fee, as follows:

      1.   Residential:

 

   Note:

      1.    Plus tap fees.

Example: A building permit for a house with an estimated cost of one hundred fifty thousand dollars ($150,000.00) would require a one hundred fifty dollar ($150.00) permit fee plus tap fees.

A building permit for a house with an estimated cost of two hundred fifty thousand dollars ($250,000.00) would require a two hundred dollar ($200.00) permit fee plus tap fees.

      2.   Business, Commercial, And Industrial: The building permit applicant will pay a building permit fee that is equivalent to the schedule of fees below or seventy five percent (75%) of the construction plan review, whichever is greater. The applicant will initially pay the fee as indicated in the schedule for fees below. If seventy five percent (75%) of the cost of the construction plan review is greater than the initial permit fee, the applicant will be billed and will not get the building permit until it is paid. The fee for each permit or re-inspection shall be paid when the application is filed in the case of a permit fee, or upon receipt of a statement in the case of a re-inspection fee. The declaration of estimated construction cost shall be made by the permit applicant. If the department determines that the estimated construction cost is unreasonable, the department may request the permit applicant to show proof of the actual construction cost, and may adjust the fees to reflect the actual construction cost. The value to be used in computing the building permit fees shall be the total value of all construction work including materials and labor for which the permit is issued and shall also include all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment.

 

All tap fees will be in addition to this fee schedule.

   D.   Upon receipt of a building permit application, the Zoning Administrator shall refer the application to the various Village utility departments and/or JULIE (joint utility locating information for excavating) to determine whether the proposed structure would interfere with any installed utility or any easement. No permit shall be issued if such interference is present unless consented to in writing by the affected public utility or where a Village owned utility is involved, by the Village.

   E.   Within ten (10) days of receipt of a building permit application accompanied by the appropriate fee, the Zoning Administrator shall issue the permit or deny the permit. In the event the permit is denied, the Zoning Administrator shall state the reasons therefore, in writing, and shall refer to the appropriate provisions of this title. The denial of the building permit shall state that the applicant has ten (10) days to appeal the denial to the Zoning Board of Appeals in accordance with the procedures set forth in this title.

   F.   The holder of a building permit shall initiate construction of the work described in the building permit within thirty (30) days of the date of issuance of the building permit and shall finish construction of the work within one year of issuance of the building permit. If the work is not initiated or completed within the time set forth in this subsection, the building permit shall lapse and the holder thereof shall be required to apply for a new building permit for the lot in question.

   G.   Building permits are nontransferable.

   H.   Building permits shall be prominently displayed at the site of construction in an area protected from the weather or in a transparent waterproof envelope or other suitable frame.

   I.   A record of all building permit applications and building permits shall be kept on file by the Zoning Administrator and shall be a public record.

   J.   No building permit application fee shall be required where:

      1.   A building permit application is denied and the application is amended and resubmitted within fourteen (14) calendar days; or

      2.   A building permit application is denied, the applicant seeks and obtains a variance which obviates the grounds for denial, and the building permit application is resubmitted within fourteen (14) calendar days of the grant of variance. (Ord. 2018-004, 6-27-2018)

The Zoning Administrator of the Village or other officials that have been or shall be duly appointed by the Village President, shall enforce this title and, in addition thereto and in furtherance of said authority, shall:

   A.   Issue building permits and make and maintain records thereof.

   B.   Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this title.

   C.   Maintain permanent and current records of this title including, but not limited to, all maps, amendments and conditional permitted uses, variances, appeals and applications therefor.

   D.   Report periodically to the appropriate committee of the Village Board.

   E.   Receive, file and forward to the Zoning Board of Appeals all applications for appeals, variances and other matters on which the Zoning Board of Appeals is required to decide under this title.

   F.   Provide such clerical and technical assistance as may be required by the Zoning Board of Appeals in the exercise of its duties. (Ord. 2018-004, 6-27-2018)

   A.   Creation: The Zoning Board of Appeals is created pursuant to section 5/11-13-3 of the Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-13-3. The Zoning Board of Appeals shall consist of seven (7) members, each with a five (5) year term commencing January 1 of each calendar year as set forth in section 5/11-13-3 of the Illinois Municipal Code. The members of the Zoning Board of Appeals shall have powers and duties assigned by statute and this title.

   B.   Procedure: In accordance with applicable statutes:

   A.   Appeals: The Zoning Board of Appeals shall hear and decide appeals by any person, firm or corporation or by any office, department, board, bureau or commission aggrieved by an administrative order, requirement, decision or determination by the Zoning Administrator pursuant to this title.

   B.   Processing: Appeals to the Zoning Board of Appeals shall be filed with the Village Clerk. The Village Clerk shall forward such appeal to the Zoning Board of Appeals for processing in accordance with the applicable statutes.

   C.   Hearings: At any hearing before the Zoning Board of Appeals, any party may appear at such public hearing in person or by an agent or attorney.

   D.   Decisions: After a hearing before the Zoning Board of Appeals on an appeal from an administrative order, requirement, decision or determination by the Zoning Administrator, decisions shall, in all instances, be final administrative determinations subject to judicial review in accordance with applicable statutes, unless such decision may first be reviewed by the Village Board as provided by the operative section of this title. (Ord. 2018-004, 6-27-2018)

   A.   Authority: The Zoning Board of Appeals shall decide variances of the provisions of this title in harmony with its general purpose and intent and shall vary them only in the specific instances hereinafter set forth where the Zoning Board of Appeals shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title. Any determination rendered by this Zoning Board of Appeals is a recommendation to the Village Board. The Village Board shall retain the authority to accept or reject such recommendation.

   B.   Initiation: An application for a variance may be made by any person, firm or corporation requesting or intending to request application for a building permit, by any person who has been notified by the Zoning Administrator that his property is not in compliance with this title, or any person proposing use of property not in compliance with this title.

   C.   Processing:

      1.   An application for a variance shall be filed with the Village Clerk. The Village Clerk shall forward such application to the Zoning Board of Appeals for processing in accordance with the applicable statutes.

      2.   No variance shall be made by the Zoning Board of Appeals except after a public hearing before the Zoning Board of Appeals, of which there shall be a notice of time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the Village, and a written notice is served at least fifteen (15) days before the hearing on the owners of properties adjacent to the property for which the variance is requested.

   D.   Decisions: All decisions of the Zoning Board of Appeals on variances arrived at after the hearing shall require a concurring vote of four (4) of its members, and such decisions shall be final, subject only to recommendation and approval thereof by the Village Board and judicial review in accordance with applicable statutes.

   E.   Standards:

      1.   The Zoning Board of Appeals shall not vary the provisions of this title as authorized in this section unless it shall have made findings based upon the evidence presented to it that all of the following conditions apply:

         a.   That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

         b.   That the plight of the owner is due to unique circumstances; and

         c.   That the variance, if granted, will not alter the essential character of the locality.

      2.   The Zoning Board of Appeals, in making the foregoing determination, may take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

         a.   That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of regulation were to be carried out;

         b.   That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification;

         c.   That the purpose of the variance is not based exclusively upon a desire to make more money out of the property;

         d.   That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

         e.   That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or

         f.   That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.

      3.   The Zoning Board of Appeals may require such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variance upon other property in the neighborhood and to implement the general purpose and intent of this title.

   F.   Duration Of Variance:

      1.   A variance shall be extinguished if construction of the variance is not completed within six (6) months of the date the variance is granted, unless additional time is allowed at the time the variance is granted.

      2.   A variance is extinguished if its use lapses for a period of six (6) months.

   G.   Trades And Industries: No variances shall be granted with respect to the classification, regulation and restriction of the location of trades and industries.

   H.   Written Findings Of Fact: The Zoning Board of Appeals shall accompany any variance granted or denied with written findings of fact specifying the reasons for the grant or denial thereof.

   I.   Safeguards Or Conditions: The Zoning Board of Appeals may prescribe appropriate safeguards or conditions in conformity with this title when granting a variance. Violations of such safeguards or conditions shall be deemed violations of this title. (Ord. 2018-004, 6-27-2018; amd. Ord. 2022-006, 11-9-2022)

   A.   Creation: The Planning Commission of the Village is created. The members of the Planning Commission shall be the same as the members of the Zoning Board of Appeals. Members of the Zoning Board of Appeals and Planning Commission may at any meeting constitute themselves as the Zoning Board of Appeals or as the Planning Commission, or both, but in the event they act as both the Zoning Board of Appeals and the Planning Commission in a single meeting, they shall be entitled to compensation for only one meeting.

   B.   Jurisdiction And Duties: The Planning Commission is hereby vested with the following powers and duties in the administration of this title:

      1.   To meet at least once per calendar quarter, unless there is no business to be discussed or acted upon.

   A.   Authority: The regulations imposed and the districts created under the authority of this title may be amended, from time to time, by ordinance in accordance with applicable statutes. An amendment shall be granted or denied by the Village Board only after a public hearing before the Planning Commission and a report of its findings and recommendations has been submitted to the Village Board.

   B.   Initiation Of Amendment: Amendments may be proposed by the Village Board, by the Planning Commission or by a resident or owner of property in the Village.

   C.   Processing: An application for an amendment shall be filed with the Village Clerk and thereafter introduced to the Village Board. Such application shall be forwarded from the Village Board by the Village Clerk to the Planning Commission with a request to hold a public hearing in accordance with applicable statutes, and thereafter to submit a report of its findings and recommendations to the Village Board.

   D.   Decisions: The Village Board, after receiving the report of the Planning Commission, may grant or deny any proposed amendment in accordance with applicable statutes, or may refer it back to the Planning Commission for further consideration. (Ord. 2018-004, 6-27-2018)

   A.   Purpose: The development and execution of this title is based upon the division of the Village into districts within any one of which the use of land and buildings and the bulk and location of the buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are conditional permitted uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use of the particular location. Such conditional permitted uses fall into the following categories:

      1.   Uses operated by a public agency or publicly regulated utilities or uses traditionally affected with a public interest.

      2.   Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

   B.   Authority:

      1.   Conditional permitted uses shall be authorized or denied by the Village Board in accordance with the regulations and conditions set forth in this title for conditional permitted uses.

      2.   No application for a conditional permitted use shall be acted upon by the Village Board until after:

         a.   A written report is prepared and forwarded to the Village Board by the Planning Commission in a manner prescribed herein for amendments to this title; and

         b.   A public hearing has been held by the Planning Commission after due notice by publication as provided by applicable statutes for amendments, and the findings and recommendations of the Planning Commission have been reported to the Village Board.

   C.   Initiation: An application for a conditional permitted use may be made by any person, firm or corporation or by an office, department, board, bureau or commission requesting such conditional permitted use.

   D.   Processing: An application for a conditional permitted use, in such form and accompanied by such information as shall be established from time to time by the Planning Commission, shall be filed with the Village Clerk and thereafter processed in the manner prescribed heretofore for applications for amendments.

   E.   Decisions:

      1.   The Village Board, upon report of the Planning Commission may authorize or deny an application for conditional permitted use in accordance with statutes applicable to amendments, or may refer it back to the Planning Commission for further consideration.

      2.   No conditional permitted use shall be authorized by the Village Board unless the conditional permitted use:

         a.   Is deemed necessary for the public convenience at that location;

         b.   Is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; and

         c.   Would not cause substantial injury to the value of other property in the community in which it is located. (Ord. 2018-004, 6-27-2018)

   A.   Any application for an amendment, conditional permitted use, variance or appeal filed by or on behalf of the owner or owners of the property affected shall be accompanied by an application fee of two hundred eighty dollars ($280.00), plus the cost of publication of the notice in a newspaper of general circulation within the Village.

   B.   Any application for any action, filed by an officer, board or commission of the Village of Divernon, Illinois, not on behalf of any specific private interest, shall not be accompanied by any fee. (Ord. 2018-004, 6-27-2018)

Any person, firm, or corporation who violates, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this title shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The Zoning Administrator is hereby designated and authorized to enforce this title. (Ord. 2018-004, 6-27-2018)

Every structure and lot in violation of this title is hereby declared a nuisance. The Village may utilize the procedures to abate any such nuisance provided for in title 4, chapter 2 of this Code to abate any such nuisance, or apply to a court of competent jurisdiction for equitable relief to restrain, enjoin or abate any such nuisance. (Ord. 2018-004, 6-27-2018)