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Havana City Zoning Code

CHAPTER 17

16 - ADMINISTRATION

Sections:


17.16.010 - Zoning Administrator—Appointment.

The Zoning Administrator shall be the officer in full charge of the enforcement of the Havana zoning ordinance codified in this title. He shall be appointed by the Mayor with the concurrence of the City Council. The salary of the Zoning Administrator shall be fixed by the Council.

17.16.020 - Zoning Administrator—Powers and duties.

The Zoning Administrator shall:

A.

Consider such action necessary in the public interest, intervene, for and on the behalf of the city in any public hearings before the Board of Appeals or the Planning Commission, present facts and information to assist the Board or Commission in reaching a decision, resist and oppose any deviations from the standard provisions of this title;

B.

Propose and recommend to the City Council, the enactment of amendments to this title for the purpose of improving administration and enforcement of this title;

C.

Propose and recommend to the City Council the enactment of amendments to the zoning map as made desirable or necessary by judicial or administrative proceedings or as deemed desirable or necessary because of changed or changing conditions;

D.

Establish and administer rules and regulations for proceedings, together with the necessary forms for such proceedings, for processing amendments, conditional permitted uses and variations, issuing certificates, building permits and for recording those matters and things required by this title;

E.

Maintain a map or maps, as required by the Illinois State Statutes, showing the current zoning classification of all land in the city and the location, type, and identity of all nonconforming uses;

F.

Maintain a current register of all nonconforming uses;

G.

Receive, file and forward to the City Council, all petitions for amendments to this title, and all applications for conditional permitted uses;

H.

Receive and file all copies of all applications for appeals, variations and other matters such as conditional permitted uses on which the Board of Appeals is required to pass under this title;

I.

Present facts and information to assist the Planning Commission in reaching a decision for recommendations on proposed zoning amendments, and conditional permitted uses;

J.

Determine accessory off-street parking requirements in Chapter 17.72; and

K.

Make available to the public, information relative to all matters arising out of this title and post public notices called for in this title.

17.16.030 - Enforcement.

The Zoning Administrator shall be responsible for the enforcement of this title and shall:

A.

Conduct investigations and surveys to determine compliance or noncompliance with the provisions of this title;

B.

Notify, by written notice, violators of the provisions of this title.

17.16.040 - Building permits.

No change in the use of the land or a structure shall be instituted and no structure shall be erected, altered, demolished in whole or in part, or moved until a building permit has been issued by the Zoning Administrator, and a building permit shall be issued only to the current owner of the property subject to the application. For the purposes of this section, "altered "shall include the act or service of roofing and/or re-roofing any structure, regardless of the materials used for such roofing and/or re-roofing.

(Ord. 1286 § 2, 2007).

(Ord. No. 1342, § 1, 4-17-12; Ord. No. 1395, § 1, 6-21-16)

17.16.050 - Fees.

A.

The fees for making application for an amendment, variation of or a change, enlargement or extension of a nonconforming use are as follows:

Less than 10,000 sq. ft. to be rezoned $50.00
10,000 to 19,999 sq. ft. 60.00
20,000 to 29,999 sq. ft. 70.00
30,000 to 43,560 sq. ft. 80.00

 

For parcels larger than one acre (43,560 sq. ft.), $80.00 plus $5.00 per acre or fraction of an acre over the first acre.

B.

The expenses of the hearing shall be paid by the petitioner, including an advance to the reporter for taking testimony at that hearing.

C.

The fee for appeals from any order, requirement or decision of the Zoning Administrator to the Board of Appeals shall be one hundred seventy-five dollars.

D.

The fees for building permits are based on the estimated cost of construction and are as follows:

1.

Residential (R-1 and R-2) and Commercial:

$0.00 to 5,000.00 $ 30.00
5,001.00 to 15,000.00 50.00
15,001.00 to 25,000.00 70.00
25,001.00 to 50,000.00 150.00
$50,001.00 to 75,000.00 $190.00
75,001.00 to 100,000.00 220.00
100,001.00 and over 220.00 plus
$1.00 per
$1,000.00
construction cost
over $100,000.00

 

2.

Commercial signs:

$0.00 to 500.00 $ 50.00
501.00 to 1,000.00 100.00
1,001.00 and over 150.00

 

3.

Awnings:       $20.00

4.

Demolition. One percent of project cost, plus a ten thousand dollar bond required to indemnify all other parties against any loss, liability or damage.

E.

The city through its Zoning Administrator shall from time to time require inspection of a new building or remodeling, with the inspector to report to the Zoning Administrator, either orally or in writing as required by the Zoning Administrator, and the city shall pay for such inspections, the following fees:

1.

Twenty-five dollars for the initial inspection;

2.

Ten dollars for each subsequent inspection.

F.

Any person undertaking any construction without obtaining the proper permit as required herein and paying the applicable permit fees, shall be fined the sum of one hundred dollars for such violation in addition to being required to remit the appropriate permit fee. An additional fine of one hundred dollars shall be imposed every thirty days until the proper permit fee has been paid, and a permit will not be issued until all appropriate fees and penalties have been paid in full.

(Ord. 1286 § 3, 2007; Ord. 1220 §§ 1, 2, 2004; Ord. 1188 § 1, 2002; Ord. 1002, 1994; Ord. 979, 1993; Ord. 844 § 1, 1984).

17.16.060 - Injunctive action.

A.

In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained in violation of these regulations, the Zoning Administrator or any property owner or tenant in the same contiguous zoning district may institute an appropriate action or proceeding to:

1.

Prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use of the property;

2.

Prevent the occupancy of the building, structure, or land;

3.

Prevent the illegal use of the property;

4.

Restrain, correct, or abate the violation.

B.

When such action is begun, the property owner or tenant shall serve the Mayor with notice of such action. No such action may be maintained until notice has been served.

17.16.070 - Zoning district map.

The City Council should publish, no later than March 31st of each year, a zoning district map showing the zoning uses, divisions, restrictions, and regulations for the preceding year. Any person desiring a copy of such map shall pay five dollars for each copy.

17.16.080 - Periodic review.

The Planning Commission and the City Council shall, at least once every five years, review the text of this title, the zoning map and the bulk requirement diagrams and shall initiate such amendments as it deems necessary to carry out the purpose of this title in the light of conditions then existing.