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Hamel City Zoning Code

ARTICLE XIV

ARTICLE 7ADMINISTRATION AND ENFORCEMENT

40-14-1 ZONING ADMINISTRATOR.

   The office of Zoning Administrator of this Municipality is hereby established. He shall be appointed by the Mayor with the advice and consent of the Village Board for a term of two (2) years. The Zoning Administrator shall be the executive head of this office.

40-14-2 DUTIESSection 7-1 ZONING ADMINISTRATOR.

   The Zoning Administrator is hereby authorized and directed to diligently administer and enforce the provisions of this Code. This broad responsibility encompasses, but is not limited to, the following duties:
   (A)   To review applications pertaining to land, structures and the uses of land and/or structures;
   (B)   To issue or deny initial and final certificates of zoning compliance;
   (C)   To supervise and/or coordinate inspections of land, structures, and the uses of land and/or structures to determine compliance with this Code, and where there are violations, to initiate appropriate action to secure compliance;
   (D)   To receive, file and forward to the Hearing Officer all applications for variances and appeals;
   (E)   To receive and file all applications for amendments and special use permits;
   (F)   To maintain up-to-date records of this Code including, but not limited to, district maps, certificates of zoning compliance, special-use permits, variances, interpretative decisions of the Hearing Officer, amendments and all applications related to any of these matters;
   (G)   To periodically review the provisions of this Code to determine whether revisions are needed, and to make recommendations on these matters to the Village Board at least once each year;
   (H)   To cause copies of this Code (including the district map) and any amendments thereto to be printed from time to time, as necessary; and
   (I)   To provide information to the general public on topics related to this Code; and
   (J)   To republish in a local newspaper the zoning district map not later than March 31st if any rezonings or annexations have been approved during the preceding calendar year.

40-14-3 INITIAL CERTIFICATESSection 7-2 TEMPORARY CERTIFICATES OF ZONING COMPLIANCE.

   Upon the effective date of this Code, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated or reconstructed until an initial certificate of zoning compliance has been issued. The Administrator shall not issue an initial certificate of zoning compliance unless he determines that the proposed activity conforms to the applicable provisions of this Code.

40-14-4 ZONING APPLICATION.

   Every applicant for an initial certificate of zoning compliance shall submit to the Administrator, in graphic and/or narrative form, all the items of information listed below that are applicable to the particular project. The Administrator shall decide which items are applicable. (NOTE: Filing fee required in Section 40-14-14.)
ITEMS OF INFORMATION:
   (A)   Name and address of the applicant;
   (B)   Name and address of the owner or operator of the proposed lot, structure or use, if different from (A);
   (C)   Nature of the proposed use, including type of activity, manner of operations, number of occupants or employees, and similar matters;
   (D)   Location of the proposed use or structures, and its relationship to existing adjacent uses or structures;
   (E)   Area and dimensions of the site for the proposed structure or use;
   (F)   Existing topography of the site (USGS 10-foot contour data is acceptable), and proposed finished grade;
   (G)   Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;
   (H)   Height, setbacks, and lot coverage of the proposed structures;
   (I)   Number and size of proposed dwelling units, if any;
   (J)   Location and number of proposed parking/loading spaces and access ways;
   (K)   Identification and location of all existing and proposed utilities, whether public or private; and/or
   (L)   Location and square footage of existing and proposed signs by type and class.

40-14-5 DURATION OF CERTIFICATE.

   Initial certificates of zoning compliance shall be valid for one (1) year, or until revoked for failure to abide by a corrective action order. The Administrator may renew initial certificates of zoning compliance for successive one (1) year periods upon written request, provided the applicant is making a good faith effort to complete the authorized work. (See Sec. 40-14-7)

40-14-6 RELATIONSHIP TO BUILDING PERMITS.

   Upon the effective date of this Code, no building permit for the erection, enlargement, extension, alteration, or reconstruction of any structure shall be issued until the applicant for such permit has properly obtained an initial certificate of zoning compliance pertaining to such work.
   The Village in compliance with the Illinois Architecture Practice Act of 1989 and effective January 1, 1992 (See 225 ILCS Sec. 305/1 et seq.) requires that all new construction and structural renovations of buildings used by the general public, including multiple housing, but excluding one and two family residences, shall require architectural plans with an architect’s seal from a licensed architect.

40-14-7 FINAL CERTIFICATESSection 7-3 PERMANENT CERTIFICATES OF ZONING COMPLIANCE.

   No lot or part thereof that has been recorded or developed after the effective date of this Code, and no structure or use, or part thereof, that has been erected, enlarged, altered, relocated, or reconstructed after the effective date of this Code shall be used, occupied or put into operation until a certificate of zoning compliance has been issued. The Administrator shall not issue a final certificate of zoning compliance until it has been determined, by inspection , that the work authorized by the initial certificate of zoning compliance has been completed in accordance with approved plans. Failure to obtain a final certificate of zoning compliance shall constitute a separate violation of this Code.

40-14-8 CORRECTIVE ACTION ORDERS.

   Whenever the Zoning Administrator finds, by inspection or otherwise, that any lot, structure, or use, or work thereon is in violation of this Code, he shall so notify the responsible party, and shall institute appropriate measures to secure compliance.

40-14-9 CONTENTS OF ORDER.

   The order to take corrective action shall be in writing and shall include:
   (A)   A description of the premises sufficient for identification;
   (B)   A statement indicating the nature of the violation;
   (C)   A statement of the remedial action necessary to effect compliance;
   (D)   The date by which the violation must be corrected;
   (E)   A statement that the alleged violator is entitled to a conference with the Administrator if he so desires;
   (F)   The date by which an appeal of the correction order must be filed, and a statement of the procedure for so filing; and
   (G)   A statement that failure to obey a corrective action order shall result in revocation of the certificate of zoning compliance and may result in the imposition of fines.

40-14-10 SERVICE OF ORDER.

   A corrective action order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure, or use if it is:
   (A)   Served upon him personally;
   (B)   Sent by certified mail to his last known address; or
   (C)   Posted in a conspicuous place on or about the affected premises.

40-14-11 STOP ORDERS.

   Whenever any work being done in violation of an initial certificate of zoning compliance, the Administrator’s corrective action order may state that the violation be stopped immediately. In such case, the corrective action order is equivalent to a stop order. (See Sec. 40-14-9(D))

40-14-12 EMERGENCY MEASURESSection 7-5 EMERGENCY MEASURES.

   Notwithstanding any other provisions of this Code, whenever the Administrator determines that any violation of this Code poses an imminent peril to life or property, he may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

40-14-13 COMPLAINTSSection 7-6 COMPLAINTS.

   Whenever any violation of this Code occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Administrator. The Administrator shall record such complaints, promptly investigate, and, if necessary, institute appropriate corrective action.

40-14-14 SCHEDULE OF FEES.

   The Village Board establishes the following schedule of fees for the various permits and procedures listed in this Code. The fees are intended to defray the administrative costs connected with the processing/conducting of such permits or procedures; the fees do not constitute a tax or other revenue-raising device. All such fees shall be paid in advance by the applicant to the Village Clerk as follows:
   (A)   Zoning Application Submittals.
      (1)   Variance Requests, Special Use Permit Requests and Appeal Requests.Four Hundred Dollars ($400.00) for filing a variance from or appeal to the Zoning Code plus all costs of publication of the required notice of public hearing for advertising and processing.
      (2)   Zoning Amendment.Four Hundred Dollars ($400.00) for changes to zoning district or the text of the Zoning Code.
      (3)   Planned Development Procedure Special Use Submittal.
         (a)   Four Hundred Dollar ($400.00) application fee for area plan and Fifteen Dollars ($15.00) per living unit if residential.
         (b)   Four Hundred Dollars ($400.00) for final development plan and section plans.
      (4)   Special Use Permit Other than PDP.Four Hundred Dollars ($400.00)
      (5)   The Zoning Administrator or Zoning Hearing Officer shall have the discretion to waive such fees, particularly in action initiated by the Zoning Administrator or the Board of Trustees.
   (B)   Minor Subdivision (Less Than 5,000 Square Feet) Submittal Fee.Two Hundred Dollars ($200.00) for review and recommendation.
   (C)   Major Subdivision (More Than 5,000 Square Feet) Submittal Fees.
      (1)   Filing of Preliminary Plat , Four Hundred Dollars ($400.00) and Fifteen Dollars ($15.00) for each proposed building lot.
      (2)   Filing of Improvement Plans , Forty Dollars ($40.00) per proposed building lot.
      (3)   Filing of Final Plat for Subdivision , Four Hundred Dollars ($400.00).
   (D)   Site Plan Review.Four Hundred Dollars ($400.00), to review and make recommendations of a proposed site plan by Village officials.
   (E)   Payment Of Fees.
   Until such fees have been paid, no request for any of the above shall be deemed to have been filed, and no procedure shall be initiated.

40-14-15 PENALTIESSection 7-7 PENALTIES FOR VIOLATION.

   (A)   Any person who is convicted of a violation of this Code shall be fined not less than One Hundred Dollars ($100.00), nor more than Seven Hundred Fifty Dollars ($750.00), plus costs. Each day on which a violation continues shall be considered a separate offense.
   (B)   Nothing contained in this Section shall prevent the Village from taking any other lawful action that may be necessary to secure compliance with this Code.
(Ord. No. 17-11; 12-12-17)