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Hecker City Zoning Code

ARTICLE IX

ADMINISTRATION AND ENFORCEMENT

40-9-1 APPOINTMENT AND DUTIES OF ZONING ADMINISTRATOR.

   There is hereby established the office of Zoning Administrator, who 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 is hereby authorized and directed to administer and enforce the provisions of this Code. This broad responsibility encompasses, but is not limited to, the following specific duties:
   (A)   To review applications pertaining to land, structures and the uses of land and/or structures;
   (B)   To inspect lots, structures, and uses to determine compliance with this Code, and where there are violations, to initiate appropriate corrective action;
   (C)   To review and forward to the Zoning Board of Appeals all appeals and applications for variances, special use permits, and amendments;
   (D)   To maintain up-do-date records of matters related to this Code, including, but not limited to, district maps, certificates of zoning compliance, special-use permits, variances, interpretative decisions of the Zoning Board of Appeals, amendments and all applications/documents related to any of these items;
   (E)   To republish the zoning district map not later than March 31st if any rezoning or annexations have been approved during the preceding calendar year; (See Section 40-3-3)
   (F)   To provide information to the general public on matters related to this Code; and
   (G)   To perform such other duties as the Village Board may prescribe from time to time.

40-9-2 INITIAL 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.

40-9-3 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 40-9-7.)
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.

40-9-4 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. 40-9-7)

40-9-5 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 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.

40-9-6 FINAL CERTIFICATES OF ZONING COMPLIANCE.

   No lot or part thereof 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.

40-9-7 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 order appropriate corrective action.

40-9-8 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 action 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.

40-9-9 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.

40-9-10 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. 40-9-8(D))

40-9-11 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.

40-9-12 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.

40-9-13 FEES.

Publisher's Note: This Section has been AMENDED by new legislation (Ord. 25-04 , adopted 5-13-2025). The text of the amendment will be incorporated below when the ordinance is codified.
   The Board of Trustees 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 Occupancy Fees:
Single-Family Dwelling
$25.00 or $.04 per sq. ft. (whichever is greater)
Multi-Family Residence
$25.00 per unit or $.04 per sq. ft. (whichever is greater)
Commercial or Business Structure
$100.00 or $.04 per sq. ft. (whichever is greater)
Industrial Structure
$150.00 or $.04 per sq. ft. (whichever is greater)
Manufactured home Unit/Immobilized
$25.00 or $.04 per sq. ft. (whichever is greater)
Accessory Building (larger than 100 sq. ft.)
$10.00 per building or $.04 per sq. ft. (whichever is greater)
Structural Additions
$10.00 or $.04 per sq. ft. (whichever is greater)
Plan Development
$500.00 or $.04 per sq. ft. (whichever is greater)
Manufactured Home Park Permit
$500.00 or $25.00 per pad (whichever is greater, plus engineering costs, if any)
Miscellaneous Permit
$0.01 per sq. ft.
(i.e. Parking Lot, Deck, Driveway, etc.)
($5.00 Minimum) ($25.00 Maximum)
Sign Permit
$5.00 or $.05 per sq. ft.; (whichever is greater)
All fees for the above projects that are started prior to obtaining the Zoning Occupancy Permit and/or paying the fees shall be doubled.
(B) Board of Appeals Fees:
Interpretation of Code (Appeal)
$100.00, plus mailing and publication costs
Special-Use Permit
$100.00, plus mailing and publication costs
Variance Permit
$100.00, plus mailing and publication costs
Amendments
$100.00, plus mailing and publication costs
 

40-9-14 PENALTIES FOR VIOLATION.

   (A)   Any person who is convicted of a violation of this Code shall be fined not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), 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.