La Grange City Zoning Code
PART III
ADMINISTRATION AND ENFORCEMENT
§ 15 Official zoning map.
The official zoning map of the City of La Grange shall be kept in the office of the city secretary and one copy shall be maintained in the office of the building inspector.
It shall be the duty of the city engineer to keep the official map current and the copies thereof, herein provided for, by entering on such maps any changes which the city council may from time to time order by amendments to the zoning ordinance and map.
The city secretary, upon the adoption of this ordinance shall affix a certificate identifying the map in his office as the official zoning map of the City of La Grange. He shall likewise officially identify the copies directed to be kept by the zoning commission and in the office of the building inspector.
(Ordinance 09-10 adopted 10/12/09)
§ 16 Enforcement and application.
Subsection 16-1.
Administrative official.
The provisions of this ordinance shall be administered and enforced by the building inspector of the City of La Grange.
The building inspector or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance.
Whenever any construction work is being done contrary to the provisions of this ordinance, the building inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the building inspector to proceed with the work.
Subsection 16-2.
Requirements for building permit.
All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:
(a)
The actual shape and dimensions of the lot to be built upon.
(b)
The exact sizes and locations on the lot of the buildings and accessory buildings then existing.
(c)
The lines within which the proposed building and structure shall be erected or altered.
(d)
The existing and intended use of each building or part of building.
(e)
The number of families or housekeeping units the building is designed to accommodate.
(f)
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance.
One copy of such plot plans will be returned to the owner when such plans have been approved. An inspection period of as much as two (2) weeks shall be allowed for inspection of plans before a permit shall be issued. |
All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started.
Subsection 16-3.
Existing permits and private agreements.
This ordinance is not intended to abrogate or annual [annul]:
(a)
Any permits issued before the effective date of this ordinance.
(b)
Any easement, covenant or any other private agreement.
Subsection 16-4.
Completion of authorized buildings.
Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two (2) years from the date of the passage of this ordinance, provided such building was authorized by building permit before the passage of this ordinance, and further provided construction shall have been started within ninety (90) days of the passage of this ordinance.
Commitments with reference to construction for public utility buildings and other municipal buildings and facilities necessary for proposed expansion of the city made prior to the passage of this ordinance shall be observed.
Subsection 16-5.
Newly annexed areas.
(a)
Zoning annexed areas.
All territory annexed to the City of La Grange hereafter shall be temporarily classified as District R, Single-Family and Two-Family Residential, only until permanently zoned by the city council of the City of La Grange. The zoning commission shall, as soon as practicable after annexation of any territory, recommend to the city council a plan for permanent zoning in the area. The procedure to be followed for adoption shall be the same as is provided by law for the adoption of original zoning regulations.
(b)
Permits in temporary zoned areas.
In an area temporarily classified as District R, Single-Family and Two-Family Residential, no permit for the construction of a building or use of land other than types of buildings or land use allowed in said district under this zoning ordinance shall be issued by the building inspector until such permit has been specifically authorized by the city council after receipt of recommendation from the zoning commission.
Permits for the construction of buildings in a newly annexed territory prior to permanent zoning may be authorized under the following conditions: An application for any use shall be made to the building inspector, said application to show the use contemplated, and a plat showing the size and type of buildings to be constructed; and if such application is for other than a building allowed in District R, Single-Family and Two-Family Residential, it shall be referred to the zoning commission for recommendation to the city council, which shall grant or deny, the permit; provided that a favorable vote of a three-fourths (3/4) majority of all the members of the city council shall be required if the recommendation of the zoning commission is not followed.
(c)
Unplatted property.
The zoning commission of the City of La Grange shall not approve any plat or any subdivision within the city limits of the City of La Grange until the area covered by the proposed plat shall have been permanently zoned by the city council of La Grange.
(Ordinance 09-10 adopted 10/12/09)
§ 17 Board of adjustment.
The word "board" when used in this ordinance shall be construed to mean the board of adjustment.
Subsection 17-1.
Organization and procedure.
(A)
Establishment.
A board of adjustment is hereby established in accordance with the provisions of State law, regarding the zoning of cities and with the powers and duties as provided in said statutes.
(B)
Membership.
The board shall consist of five (5) citizens of La Grange, each to be appointed or reappointed by the mayor and confirmed by the city council, for staggered terms of two (2) years respectively. Each member of the board shall be removable for just cause by the city council upon written charges and after public hearings. Vacancies shall be filled by the city council, including those vacancies for the unexpired term of any member who does not serve his full term. The board shall elect its own chairman, who shall serve for a period of one year or until his successor is elected.
(C)
Meetings.
Meetings of the board shall be held at the call of the chairman and at such other times as three or more members of the board may request.
(D)
Hearings.
The hearings of the board shall be public. However, the board may go into executive session for discussion to the extent allowed under state law, but in no event may the board hold a binding vote on any proposed action during such executive session. The board shall hear the testimony, reasonably time-limited to the extent deemed prudent by the chairman, of any party that may be affected by a proposed action of the board, including, without limitation, any owner of property adjacent to, in the rear of, or across the street from a lot that is the subject of such proposed action.
(E)
Rules and regulations.
Seventy-five percent (75%) of the qualified board members shall be required to hear any case before the board. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
The following actions require a concurring vote by seventy-five percent (75%) of the qualified board members:
(1)
Reversal of an order, requirement, decision, or determination of the building inspector;
(2)
Decision in favor of an application on a matter on which the board is required to vote including, but not limited to the approval of a special exception under Subsection 17-3, below; and
(3)
Authorization of a variance under Subsection 17-3(D), below. In calculating the number of votes required by the prior sentence, the total number of members shall include absent members, but vacancies and disqualifications shall not be included except to the extent required under state law. The board shall adopt from time-to-time such additional rules and regulations as it may deem necessary to carry into effect the provisions and purposes of the ordinance, and shall furnish a copy of the same to the building inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
Subsection 17-2.
Appeals.
(A)
Procedure.
Appeals of a decision made by the building inspector may be taken to and before the board by (1) any person aggrieved by such decision, or (2) by any officer, department, board or bureau of the city. Such appeal shall be made by filing with the office of the board a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.
(B)
Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the board that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.
(C)
Notice of hearing on appeal.
The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the City of La Grange and depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
(D)
Decision by board.
The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly or may modify the order, requirements, decisions, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
Subsection 17-3.
Powers and duties of board.
(A)
Subpoena witnesses, etc.
The chairman shall have the power to compel the testimony of witnesses, and administer oaths, under such regulations as the board may establish.
(B)
Appeals based on error.
The board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building inspector in the enforcement of the City's zoning ordinance. The board, in hearing and deciding such appeals may reverse or affirm, or modify the building inspector's order, requirement, decision or determination and for that purpose the board has the same authority as such building inspector.
(C)
Special exceptions.
The board shall hear and decide special exceptions to the terms of the city's zoning ordinances that are consistent with the general purpose and intent of the ordinance as follows, provided that the board may not grant a special exception without first determining the use is compatible with neighboring property:
(1)
To permit the erection and use of buildings for railroads or the use of premises for railroads.
(2)
To permit a public utility or public service use or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety or general welfare.
(3)
To permit a transitional use between a business or industrial and a residential district where the side of a lot in District R abuts upon a lot zoned for business or industrial purposes as follows:
(a)
On a lot in District R, which sides upon a lot zoned for business or industrial purposes, the board may permit a two-, three- or four-family dwelling on a lot with an area of not less than six thousand (6,000) square feet.
(b)
Provided, however, that in no case shall any transitional use have a width of more than one hundred (100) feet.
(4)
To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this ordinance.
(5)
To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fifty percent (50%) of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(6)
To waive or rescue the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provisions of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(7)
To permit land within three hundred (300) feet of a multifamily dwelling to be improved for the parking spaces required in connection with a multifamily dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multifamily dwelling.
(8)
To determine in cases of uncertainty the classification of any use not specifically named in this ordinance.
(D)
Variances.
The board shall have the power to authorize upon appeal in specific cases such variance from the terms of the city's zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of the city's zoning ordinances shall be observed and substantial justice done, including but not limited to the following:
(1)
Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.
(2)
Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the use, construction or alterations of buildings or structures or the use of land will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this ordinance as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this ordinance, and at the same time, the surrounding property will be properly protected.
The board may not, through variance, authorize a change in use regulations applicable for a subject property. The board shall not authorize a variance based solely upon economic hardship of compliance with the City's zoning ordinances, but may consider the financial costs of compliance greater than 50 percent of the appraised value of the structure.
(E)
Changes.
The board shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time-to-time.
(Ordinance 09-10 adopted 10/12/09; Ordinance 23-01 adopted 1/23/2023)
§ 18 Certificates of occupancy.
Subsection 18-1.
Required for.
Certificates of occupancy shall be required for any of the following:
(a)
Occupancy and use of a building hereafter erected or structurally altered.
(b)
Change in use of an existing building to a use of a different classification.
(c)
Occupancy and use of vacant land, except agricultural use.
(d)
Change in the use of land to a use of a different classification.
(e)
Any change in the use of a conforming use.
No such occupancy, use or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the inspector of buildings. |
Subsection 18-2.
Procedure for new or altered buildings.
Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within three (3) days after a written request for the same has been made to said building inspector or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this ordinance.
Subsection 18-3.
Procedure for vacant land or a change in use.
Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to said building inspector. If the proposed use is in conformity with the provisions of this ordinance, the certificate of occupancy therefor shall be issued within three (3) days after the application for same has been made.
Subsection 18-4.
Contents.
Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept in file in the office of the building inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interests in the building or land affected.
Subsection 18-5.
Temporary certificate.
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or the city relating to the use or occupancy of the premises or any other matter covered by this ordinance.
Subsection 18-6.
Certificates for nonconforming uses.
A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this ordinance. Application for such certificate of occupancy for a nonconforming use shall be filed with the building inspector by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this ordinance [December 20, 1971]. It shall be the duty of the building inspector to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use, or refusal of the building inspector to issue a certificate of occupancy for such nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this ordinance.
(Ordinance 09-10 adopted 10/12/09)
§ 19 Amendments.
Subsection 19-1.
Authority.
The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.
Subsection 19-2.
Submission to zoning commission.
Before taking action on any proposed amendment, supplement or change the city council shall submit the proposed revision to the zoning commission for its recommendation and report.
(1)
Procedure before the zoning commission:
(a)
The zoning commission shall hold a public hearing on all proposed changes in zoning regulations or district boundaries and written notice of all such public hearings shall be sent to all owners of real property lying within two hundred (200) feet of the property on which the change in zoning regulations or district boundaries is proposed. Such notice shall be given not less than ten (10) days before the day set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in a United States Post Office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making renditions which are included on the last approved city tax roll, notice to such owners shall be given by publishing the same in a newspaper of general circulation in the City of La Grange, at least ten (10) days prior to the date set for hearing, which shall state the time and place of such hearing.
(b)
After such hearing, the zoning commission shall make its recommendation regarding the change in zoning regulations or district boundaries to the city council.
(c)
Each such recommendation made by the zoning commission shall be reported to the city council, in writing, and the applicant notified of the action of the zoning commission.
(d)
The zoning commission shall establish an[d] maintain a separate file for each application received, and shall record the names and addresses of all persons, firms, and corporations to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the United States Post Office. All records and files herein provided shall be permanent and official files of the City of La Grange.
Subsection 19-3.
Public hearing.
A public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication one time in a paper of general circulation in the City of La Grange, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first date of publication.
Subsection 19-4.
In case of protest.
Unless such proposed amendment, supplement or change has been approved by the zoning commission or in case of a protest signed by the owners of twenty per cent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom, or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, or of those immediately adjacent on either side of the area of said lots extending two hundred (200) feet therefrom, such change shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the city council.
Subsection 19-5.
Petition by owners.
Whenever the owners of at least fifty per cent (50%) of all the property situated within the area bounded by a line two hundred (200) feet in all directions from the site of any proposed change shall present a petition, duly signed and acknowledged, to the city council, requesting an amendment, supplement or change of the regulations prescribed for such property, it shall be the duty of the city council to vote upon the proposal presented by said petition within ninety (90) days after the filing of same with the city council, in accordance with the above procedure.
Subsection 19-6.
Fees for requesting a change in zoning.
An application requesting an amendment, supplement, change or modification of this ordinance, including the zoning map, which requires the sending of notices or the publication of notices in the newspapers, shall deposit with the city secretary an amount of money estimated by the building inspector to be sufficient to mail and publish all notices required by law. A fee of fifty dollars ($50.00) shall be charged such applicant.
Subsection 19-7.
Limitation on resubmission of petition.
No amendment, supplement, change or repeal of any section of this ordinance which has been legally rejected by both the city council and the zoning commission shall be again considered either by the city council or the zoning commission on an appeal or petition by an appellant or application before the expiration of one year from the date from the prior rejection.
(Ordinance 09-10 adopted 10/12/09)
§ 20 Violation and penalties.
Any person who shall violate any of the provisions of this ordinance or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building, or who shall commence to erect or alter any building in violation of any detailed statement of plan submitted or approved thereunder, shall for each and every violation of [or] noncompliance be deemed guilty of a misdemeanor and shall be fined not more than two hundred dollars ($200.00), and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of that building or premises or part thereof where anything in violation of this ordinance shall be placed or shall exist, and any architect, building contractor, agent or corporation employed in connection therewith who may have assisted in the commission of any such violation shall each be guilty of a separate offense and upon conviction shall be subject to the penalties herein provided.
(Ordinance 09-10 adopted 10/12/09)
§ 21 Validity.
If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional the same shall not affect the validity of this ordinance as a whole or any part of provisions thereof, other than the part so decided to be invalid or unconstitutional.
(Ordinance 09-10 adopted 10/12/09)
§ 22 Effective date.
This ordinance shall become effective from and after the date of its approval and adoption as provided by law.
(Ordinance 09-10 adopted 10/12/09)
