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Fulton City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 155.200 BUILDING PERMIT REQUIRED.

   No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the Enforcing Officer stating that the building or structure and use of land comply with the regulations of this chapter and all building and health laws and ordinances of the state and the city.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86) Penalty, see § 10.99

§ 155.201 PERMIT APPLICATION.

   All applications for building permits shall be accompanied by plans in duplicate drawn to scale in ink or blueprint, showing the actual shape and dimension of the lot or lots to be built upon, the size and height of the building or structure to be erected or structurally altered, its exact location on the lot or lots to be built upon, the existing or intended use of each building or part, the proposed number of families or housekeeping units, and other such other information with regard to the lot and building and neighboring lots and buildings as may be necessary to provide for the enforcement of this chapter. One copy of the plans shall be signed and returned to the applicant when approved by the Enforcing Officer together with such permit as may be granted. A careful record of such application and plans shall be kept in the office of the Enforcing Officer.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86; Am. Ord. 1389, passed 4-20-09; Am. Ord. 1509, passed 8-4-14)

§ 155.202 PERMIT DISPLAY REQUIREMENT.

   All building permits issued under this chapter shall be displayed on such structure for public view.
(Ord. 653, - -62; Ord. 855, passed 10-7-86)

§ 155.203 PERMIT INSPECTION.

   (A)   (1)   All work performed under a permit issued by the Enforcing Officer shall conform to the approved application and approved amendments thereto. The location of all new construction as shown on the approved plans or an approved amendment thereof shall be strictly adhered to.
      (2)   The Enforcing Officer may revoke a permit or approval issued under the provisions of this chapter in case there have been any false statements or misrepresentation as to a material part in the application or drawings on which the permit or approval was based.
   (B)   It shall be unlawful to reduce or diminish the area of a lot or plan of which a plan and diagram has been filed and has been used as the basis for a permit unless a revised plan and diagram showing the proposed change in condition shall have been filed and approved.
   (C)   (1)   The Enforcing Officer shall be provided not less than 24 hours advance written notice of the commencement of work authorized under any building permit issued by the city. Construction according to the terms of the building permit shall commence within 90 days from the date of issuance of the permit and if construction does not commence within said 90 day period, the building permit shall expire. The building permit shall expire 365 days following the date of issuance of the building permit (excluding the date of issuance from the calculation). Notwithstanding, in the event that the building project requires more than 365 days to complete based upon the size of the building or other reasonable cause deemed to be valid by the Enforcing Officer, the Enforcing Officer shall have the authority to grant one or two 90-day extensions to complete construction. Construction (including excavation for a basement or foundation of the structure) shall not commence before the building permit has been issued by the Enforcing Officer.
      (2)   If construction according to the building permit ceases for more than 90 consecutive calendar days, the building project set forth in the building permit shall be deemed abandoned. If construction on a building project has been abandoned, the building permit shall immediately expire and the building permit shall be revoked. Upon expiration or revocation of a building permit, all construction shall cease and the construction site shall be in a manner sufficient to protect the public.
   (D)   Prior to beginning building or construction, stakes based upon the plan or diagram submitted or based on an actual survey if requested in the sole discretion of the Enforcing Officer shall be set and shall be maintained in their proper location on the property during construction. It shall be the duty of the Enforcing Officer to inspect the layout of the proposed work immediately after receipt of a notice to start work is given to the Enforcing Officer by the applicant. The Enforcing Officer shall satisfy himself/herself that the proposed work is conforming to the plans submitted with the application for a permit. If work started does not conform to the plans or diagram or other information provided in the application, the Enforcing Officer is hereby granted authority to stop work until the provisions of the permit are complied with.
   (E)   A permanent record shall be kept of all applications for permits and it shall be unlawful to change the use or occupancy of a building or land to a use or occupancy other than that described in the application. If it is desired to change to another conforming use or occupancy, a new application must be submitted and approved.
   (F)   Before using any building or premises or part thereof hereafter created, erected, changed, converted or enlarged in use or structure, a certificate of occupancy shall be obtained from the Enforcing Officer. Such certificate shall show that such building or premises, or part thereof, and the proposed use thereof conform with the provisions of this chapter.
(Ord. 855, passed 10-7-86; Am. Ord. 1350, passed 7-2-07; Am. Ord. 1509, passed 8-4-14) Penalty, see § 10.99

§ 155.204 FEES.

   Each applicant for a building permit at the time of application shall pay a fee to the City Clerk according to the schedule of fees on file and available for public inspection in the office of the City Clerk.
(Ord. 855, passed 10-7-86; Am. Ord. 1208, passed 4-15-03)

§ 155.205 NONCONFORMING USES.

   (A)   A certificate of occupancy shall be required of all nonconforming uses of land or buildings created by the passage of the ordinance codified in this chapter. Application for such certificate of occupancy for nonconforming uses shall be filed with the Enforcing Officer by the owner or lessee of the land or building occupied by such nonconforming use within two years from the effective date of the ordinance codified in this chapter. It shall be the duty of the Enforcing Officer to issue a certificate of occupancy for nonconforming use.
   (B)   Any nonconforming use for which an occupancy permit has not been obtained in conformity with the requirements of this chapter shall be presumed to be operating in violation of this chapter and such use shall thereupon be abated.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86)

§ 155.206 ENFORCING OFFICER; OFFICE, SALARY , POWERS AND DUTIES.

   (A)   Office. There is created the office of Enforcing Officer who shall be the Community Service Officer employed by the City of Fulton from time to time.
   (B)   Salary. The Enforcing Officer shall perform his/her duties at no additional salary other than that of the Community Service Officer as annually fixed by the City Council.
   (C)   Powers and duties. It is the duty of the Enforcing Officer to enforce this chapter. It shall also be the duty of all officers and employees of the city and especially of all members of the Police Department to assist the Enforcing Officer.
   (D)   Vacancies. Should the Community Service Officer be temporarily vacant, then the Mayor, by and with the consent and advice of the City Council, shall have the power to make a appointment to fill the office of Enforcing Officer on a temporary basis at a salary to be determined by the City Council. In such case, the person holding the temporary appointment shall continue in the office of Enforcing Officer until a Community Service Officer has been hired and qualified.
(Ord. 552, passed - -62; Am. Ord. 855, passed 10-7-86; Am. Ord. 1509, passed 8-4-14; Am. Ord. 1736, passed 6-10-24)

§ 155.207 APPEAL PROCEDURE.

   Appeal from the decision of the Enforcing Officer may be made to the Board of Appeals as provided in this chapter.
(Ord. passed - -62; Am. Ord. 855, passed 10-7-86)

§ 155.208 VIOLATION OF CHAPTER; PENALTY.

   Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall, upon conviction, be fined not less than $150, or more than $750 for each offense. Each day that a violation continues shall constitute a separate offense.
(Ord. 1509, passed 8-4-14)

§ 155.209 REMEDY OF VIOLATION.

   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 the provisions of this chapter, the City Attorney, in addition to other applicable remedies under the Illinois Compiles Statutes, is hereby authorized to institute an action to enjoin, or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.
(Ord. 1509, passed 8-4-14)

APPENDIX: ZONING MAP