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Lake Barrington City Zoning Code

CHAPTER 11

ADMINISTRATION AND ENFORCEMENT

8-11-1: ADMINISTRATIVE RESPONSIBILITIES:

The administrative responsibilities for this Title rest with the Enforcement Officer, Village Clerk, Plan Commission, Zoning Board of Appeals and Board of Trustees.
   A.   Enforcement Officer:
      1.   Appointment: The Board of Trustees shall appoint an Enforcement Officer to enforce the provisions of this Title.
      2.   Assistance From Other Officials: The Enforcement Officer may call upon any department or official of the Village to furnish such information and assistance as deemed necessary and it shall be the duty of such department or official to furnish such information and assistance.
      3.   Duties And Responsibilities: The Enforcement Officer shall:
         a.   Review and approve or disapprove all applications for zoning permits.
         b.   Register all nonconforming uses and structures.
         c.   Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this Code.
         d.   Issue violation notices that require compliance and advise suspected violators of their right of appeal.
         e.   Require that all construction work of any type be stopped when such work is not in compliance with the provisions of this Code.
         f.   Interpret this Title when questions arise.
         g.   Make all other determinations required by this Title.
   B.   Village Clerk: The Village Clerk shall:
      1.   Maintain permanent, current records of this Title, including amendments.
      2.   Receive, file and distribute all applications for zoning permits, variations, appeals, special use permits and supporting data.
      3.   Maintain on file a current zoning fee schedule.
      4.   Make all other determinations required by this Title.
   C.   Plan Commission: The Plan Commission shall:
      1.   Review all applications for amendments to this Title and report findings and recommendations to the Board of Trustees.
      2.   Review all applications for special use permits and amendments to special use permits and report findings and recommendations to the Board of Trustees.
      3.   Initiate amendments to this Title.
      4.   Make all other determinations required by this Title.
   D.   Zoning Board Of Appeals: The Zoning Board of Appeals shall:
      1.   Review and hold hearings on all applications for variations and on all appeals from any order, requirement, decision or determination made by the Enforcement Officer under this Title and make recommendations, including recommended findings of fact, on applications for variations and appeals to the board of trustees.
      2.   Make all other determinations required by this title.
   E.   Board Of Trustees: The board of trustees shall:
      1.   Approve or disapprove all variations, special use permits, amendments to special use permits and amendments to this title.
      2.   Review and make final decisions on all appeals from any order, requirements, decision or determination made by the enforcement officer under this title.
      3.   Initiate amendments to this title.
      4.   Institute or delegate the authority to institute proceedings to enforce the provisions of this title.
      5.   Make all other determinations required by this title. (Ord. 94-O-04, 4-5-1994)

8-11-2: ZONING PERMITS:

   A.   Permit Required: No building or structure shall be erected or structurally altered until a zoning permit has been issued by the enforcement officer stating that said building or structure complies with this title.
   B.   Application: All applications for zoning 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, the location of that building or structure on the lot or lots and the affidavit related to wetlands required by subsection 8-5-4-6A of this title. Such an application for a zoning permit shall also be accompanied by all applications for permits, documents, specifications, plans and information required by all other provisions of this code for the buildings, structures, site work and/or development which are proposed.
   C.   Exceptions: No zoning permit shall be required for recurring maintenance of structures, for installation of required improvements according to an approved subdivision or planned development plat or for local public utility uses, public streets or landscaping of any premises. (Ord. 90-O-16, 7-3-1990)

8-11-3: PROCEDURE FOR OBTAINING A ZONING PERMIT:

   A.   Application: The applicant shall submit an application signed by the owner(s) of record to the enforcement officer. Additional information shall be provided by the applicant as required in writing by the enforcement officer.
   B.   Certification Of Engineer Or Architect: Applications for M, B and O district zoning permits shall include certification by an engineer or architect registered in Illinois that the applicable performance standards will be met.
   C.   File Maintained: The enforcement officer shall keep a permanent file of all applications with accompanying plans and all permits issued. This file shall be referenced by location of lot.
   D.   Approval: If the application for the proposed construction or alteration conforms with all applicable provisions of this title and all other applicable provisions of this code, the enforcement officer shall issue a zoning permit.
   E.   Nonapproval: If the proposed construction or alteration does not conform with all applicable provisions of this title, the enforcement officer shall refuse to issue a zoning permit and shall deliver written notice to the applicant stating the reasons for this refusal.
   F.   Action Of Enforcement Officer: The enforcement officer shall act upon applications for zoning permits within thirty (30) calendar days from the date of their submission.
   G.   Fee: The applicant for a zoning permit must pay a fee as specified from time to time in section 1-10-7 of this code. (Ord. 2008-O-05, 2-5-2008)

8-11-4: VALIDITY:

The issuance of a zoning permit by the enforcement officer shall not waive any provision of this title. (Ord. 90-O-16, 7-3-1990)

8-11-5: DURATION:

No zoning permit shall be issued unless and until a building permit for the zoning lot in question has been issued or unless and until a site development permit has been issued if no building or structure is proposed or contemplated and the zoning permit shall have the same term and be of the same duration as the related building or site development permit so provided by the applicable provisions of this code. (Ord. 90-O-16, 7-3-1990)

8-11-6: CERTIFICATES OF COMPLIANCE:

No building or structure erected or structurally altered shall be occupied or used until a certificate of compliance has been issued by the enforcement officer. The certificate of compliance shall be issued only after the enforcement officer makes a finding that the building or structure has been erected or altered in conformance with the approved zoning permit. (Ord. 90-O-16, 7-3-1990)

8-11-7: APPEALS AND REVIEW:

   A.   Notice Of Appeal: Within forty five (45) calendar days of the action complained of, an appeal may be filed with the village clerk. The notice of appeal shall specify the grounds for the appeal. Copies of the appeal shall be distributed to the board of trustees and to the zoning board of appeals. All papers constituting the record upon which the action appealed was taken shall be made available to the zoning board of appeals and board of trustees.
   B.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from unless the enforcement officer certifies to the board of trustees that a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by an order granted by the board of trustees or by a court of competent jurisdiction.
   C.   Hearing; Notice: The zoning board of appeals shall fix a reasonable time and place for the hearing of the appeal. Due notice of the hearing shall be given to the party making the appeal and to other persons affected by the appeal.
   D.   Duty Of Zoning Board Of Appeals: The zoning board of appeals shall review, hold hearings on and make recommendations, including recommended findings of fact, to the board of trustees on all appeals.
   E.   Vote Of Board Of Trustees: The concurring vote of a majority of the members of the board of trustees shall be necessary to reverse any order, requirement, decision or determination of the enforcement officer pursuant to an appeal.
   F.   Decision; Notice: The board of trustees shall receive and review any recommendations of the zoning board of appeals on appeals. The decision of the board of trustees on an appeal shall be presented in writing to the person or persons filing the appeal by registered mail and to other persons affected by the appeal and notified under the provisions of this title.
   G.   Legislative Decision: All decisions of the board of trustees on appeals shall be final legislative decisions, subject only to review by a court of competent jurisdiction. (Ord. 91-O-04, 4-5-1994)

8-11-8: VIOLATIONS:

   A.   Petty Offense: Any person who shall be found guilty by a court of competent jurisdiction of violating any provision of this title or of failing to comply with any of the requirements hereof or who shall violate a permit or certificate or a directive of the enforcement officer issued under the provisions of this title shall be guilty of a petty offense, punishable by fine(s) and other penalties as specified from time to time in section 1-4-1 of this code for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
   B.   Court Costs: Any person who shall be found guilty by a court of competent jurisdiction of violating a provision of this title or of failing to comply with any requirement of this code, or of violating a permit or certificate or a directive of the enforcement officer issued under the provisions of this title, shall, in addition to the fine(s) and other penalties provided, be obligated to reimburse the village for its attorney fees to the extent permitted by law, court costs, court reporter costs, expert witness fees and all other out of pocket costs incurred by the village in the prosecution of the said violation or violations.
   C.   Joint And Several Liability: The owner of record, beneficiaries, general agent and/or contractor for the building or premises where such violation has been committed or shall exist and the lessee or tenant of an entire building or any part of a building and anyone who assists in such violation shall all be jointly and severally liable for any such violation.
   D.   Injunction: The village may make application to the circuit court for an injunction requiring conformance with this title or make such other order as the court deems necessary to secure compliance with this title.
   E.   Abatement: In case any structure or sign is erected, constructed, repaired, altered, relocated, changed and/or maintained in violation of this title, the village, in addition to any other remedies, may institute any appropriate action or proceeding to prevent the unlawful erection, construction, repair, alteration, relocation, change and/or maintenance, to prevent the use or occupancy of any building, structure or property in violation of this title and/or to restrain or abate the violation. (Ord. 2008-O-05, 2-5-2008; amd. Ord. 2021-O-12, 9-7-2021)