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Kewanee City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 155.220 ENFORCING OFFICER.

   The Building Official of the city is designated as the Zoning Administrator to be responsible for enforcing the zoning code. Said Building Official shall have the power and shall see that the provisions of this chapter are properly enforced.
('71 Code, § 11-20-1) (Ord. 1413, passed 9-13-60; Am. Ord. 4230, passed 2-10-25)

§ 155.221 BUILDING PERMITS.

   (A)   No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the Building Official stating that the building or structure, and use of land, comply with the regulations of this chapter and all building and health laws and provisions of this code.
   (B)   All applications for building permits shall be accompanied by a plat in duplicate drawn to scale showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the Building Official.
('71 Code, § 11-20-2) (Ord. 1413, passed 9-13-60; Am. Ord. 4230, passed 2-10-25) Penalty, see § 155.999

§ 155.222 CERTIFICATE OF COMPLIANCE.

   (A)   No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the Building Official. The certificate of compliance shall be issued only after the Building Official makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this chapter and other health and building laws and per a building permit.
   (B)   Certificates of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection and alterations of such building shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the Building Official and copies shall be furnished, on request, to any persons having a proprietary or tenancy interest in the building affected. The fee for such permit is $25.
   (C)   Certificates for the continued occupancy of nonconforming uses existing at the time of the passage of this chapter shall be issued by the Building Official and the certificate shall state that the use is a nonconforming one and does not conform with the provisions of this chapter. The Building Official shall notify the owners of property being used as nonconforming use and shall furnish said owner with a certificate of occupancy for such nonconforming use.
('71 Code, § 11-20-3) (Ord. 1413, passed 9-13-60; Am. Ord. 4230, passed 2-10-25)Penalty, see § 155.999

§ 155.223 USE PERMIT.

   No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the Building Official. No such permit shall be issued to make such change unless it is in conformity with the provisions of this chapter and amendments thereto hereafter duly enacted.
('71 Code, § 11-20-4) (Ord. 1413, passed 9-13-60; Am. Ord. 4230, passed 2-10-25)Penalty, see § 155.999

§ 155.224 CONTINUANCE OF EXISTING USES.

   Nothing in this chapter shall prevent the continuance of present occupancy or lawful use of any existing building or zoning lot, except as may be necessary for the safety of life and property, and except as provided in §§ 155.035 through 155.048.
('71 Code, § 11-20-5) (Ord. 1413, passed 9-13-60)

§ 155.225 FEES.

   Filing fees pertaining to petitions for variances, appeals, zoning regulations amendments, zoning map amendments, and special use permits, shall be $200 per petition for all such petitions filed for hearings taking place after March 27, 2023. Such fees shall be paid to the City Clerk, who shall give a receipt therefor and account for same at regular intervals to the Council.
('71 Code, § 11-20-6) (Ord. 1413, passed 9-13-60; Am. Ord. 3521, passed 11-13-06; Am. Ord. 4132, passed 3-27-23)

§ 155.999 PENALTY.

   (A)   Whoever shall violate the provisions of this chapter for which another penalty has not been provided, shall be fined in a sum not to exceed $500. The minimum fine for any offense of this chapter shall be $25.
   (B)   Failure to obtain a permit for development in the special flood hazard area (SFHA) or failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of §§ 155.185 through 155.195. Upon due investigation the Building Official may determine that a violation of the minimum standards of §§ 155.185 through 155.195 exist. The Building Official shall notify the owner in writing of such violation.
      (1)   If such owner fails after ten days' notice to correct the violation:
         (a)   The city may make application to the circuit court for an injunction requiring conformance with §§ 155.185 through 155.195 or make such other order as the court deems necessary to secure compliance with §§ 155.185 through 155.195.
         (b)   A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
      (2)   The Building Official shall inform the owner that any such violation is considered a wilful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
   (3)   Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
   (C)   (1)   The City Manager may determine that a violation of the minimum standards of §§ 155.185 through 155.197 exists. The City Manager shall notify the owner in writing of such violation. If such owner fails after ten days notice to correct the violation:
         (a)   The city shall make application to the circuit court for an injunction requiring conformance with §§ 155.185 through 155.197 or make such other order as the court deems necessary to secure compliance with §§ 155.185 through 155.197.
         (b)   Any person who violates §§ 155.185 through 155.197 shall upon conviction thereof be fined not less than $50 or more than $750 for each offense.
         (c)   A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues; and
         (d)   The city shall record a notice of violation on the title of the property.
      (2)   (a)   The City Manager shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
         (b)   The City Manager is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
         (c)   No site development permit shall be permanently suspended or revoked until a hearing is held by the Kewanee Zoning Board of Appeals. Written notice of such hearing shall be served on the permittee and shall state:
            1.   The grounds for the complaint, reasons for suspension or revocation; and
            2.   The time and place of the hearing.
         (d)   At such hearing the permittee shall be given an opportunity to present evidence on their behalf. At the conclusion of the hearing, the Kewanee Zoning Board of Appeals shall determine whether the permit shall be suspended or revoked.
      (3)   Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
('71 Code, § 11-25-11) (Ord. 1413, passed 9-13-60; Am. Ord. 2581, passed 10-29-85; Am. Ord. 3666, passed 1-11-11; Am. Ord. 4230, passed 2-10-25)