Mahomet City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.170 GENERALLY.
(A) It shall be the duty of the Village Administrator or designee to administer and enforce the regulations contained herein.
(B) No building or construction shall be undertaken without first obtaining a building permit and without applying for a certificate of occupancy as required by §§ 152.171 and 152.172. No land or building shall be used or occupied without first obtaining a certificate of occupancy. No building permit or certificate of occupancy shall be granted by the Village Administrator or the person designated by the Village Board as the Building Inspector for any purpose except in compliance with the provisions of this chapter.
(Ord. passed 7-23-2002)
§ 152.171 BUILDING PERMITS.
(A) Application for a building permit shall be accompanied by a lot plat in duplicate, drawn to scale, showing the name of the applicant, the actual dimensions of the lot to be built upon as shown by a survey, the size, shape and location of the building to be erected, the location of water and sanitary sewage connections, the provisions for stormwater drainage and other information as may be necessary for the enforcement of this chapter. Applications for permits shall be accompanied by the drawings of the proposed work, drawn to scale, including floor plans, sections and elevations and other information as may be necessary for the enforcement of this chapter.
(B) It shall be the duty of the Building Inspector to examine applications for permits within a reasonable time after filing. If, after examination, he or she finds that the proposed work will be in compliance with the laws and ordinances applicable thereto, he or she shall approve the application. If examination reveals otherwise, he or she shall reject the application, and so inform the applicant to the reasons for his or her rejection.
(C) One copy of the layout or plot plan shall be returned, when approved by the Building Inspector, together with the permit to the applicant, upon the payment of a fee based upon the current schedule as adopted from time to time by the Board of Trustees of the village. The fee schedule shall be available for public inspection at the offices of the village during normal working hours.
(D) A building permit under which no work is commenced within six months after issuance shall expire by limitation. A copy of the building permit shall be kept on the premises during prosecution of the work and until completion of same. All construction work shall be completed within one year of issuance of the permit.
(E) The Building Inspector may revoke a permit issued under these provisions in the case that there has been any false statement or misrepresentation as to material facts in the application, or if construction does not proceed in accordance with the building permit provisions. Continuation of construction activities after revocation of a permit shall be deemed a violation of this chapter.
(F) Construction activities shall fully comply with the building permit provisions and the approved construction plans. The construction activities shall not deviate from the approved plans without first obtaining an amendment to the building permit.
(G) Amendments to a plat, building plans, application or other documents accompanying the building permit may be filed at any time before the completion of the work for which the permit is sought or issued. The amendments shall be deemed part of the original building permit application and shall be filed therewith. Work shall not proceed until a building permit has been issued for the amended application. In the event that an amendment is made to the application when construction work is already underway, the applicant shall cease all construction activities and shall not proceed with the construction work until a revised building permit has been issued.
(H) These activities shall not commence without a building permit:
(1) Construct an addition to a structure;
(2) Construct, demolish or move a structure;
(3) Make a change of use within a structure or on a lot or tract of land;
(4) Install or alter any equipment or structure which is regulated by this chapter;
(5) Alter the location of a lot line which affects an existing structure or alters the dimensions of an existing lot;
(6) Extend, expand, change or re-establish any nonconforming use;
(7) Construct or install a sign as regulated by this chapter;
(8) Construct a swimming pool as regulated by this chapter;
(9) Construct, alter or establish an accessory building or accessory use as regulated by this chapter; and
(10) Construct use alterations to a building or structure.
(I) All applications for building permits for commercial and industrial uses, building involving public assembly and multi-family residential buildings involving four or more units on the same zoning lot shall include construction plans for the structure and other facilities to be constructed. The construction plans shall be sealed by a state licensed architect, or state structural engineer and/or state professional engineer. The architect and/or engineer shall provide a statement indicating compliance of the plans with the State Plumbing Code (latest edition), the current state and federal requirements for disabled accessibility and other local, state and federal code requirements and regulations as may be applicable.
(J) All applications for building permits shall be accompanied by complete applications for a driveway permit, a water system connection permit, a sanitary sewer system connection permit and all other related and associated permits, which pertain to the proposed development activity. No building permit shall be issued if any other permit application is incomplete, or if the application or connection fee associated with the related application has not been paid in full. Any application for a building permit, which is not accompanied by all related permit applications and fees shall be deemed incomplete and shall not be processed by the Building Inspector.
(K) If the Building Inspector receives an incomplete application, he or she shall attempt to contact the applicant and inform the applicant that the application is incomplete, and give the applicant an opportunity to provide the missing information, documentation and/or fees. The applicant shall have ten calendar days thereafter to provide the missing materials. If the application remains incomplete after ten days, the Building Inspector shall reject the application, and so inform the applicant.
(L) Building permit fees.
Type | New Fee |
Type | New Fee |
Residential Building Permit | $0.09/GSF* |
Accessory buildings, garages, or room additions | $0.09 GSF or $50 minimum |
Driveway and/or approach | $35 |
Porch | $50 |
Deck | $50 |
Patio | $50 |
Pool | $50 |
Fence | $75 |
Pool and fence | $100 |
* Gross Square Feet - The sum of all areas of an enclosed building as measured from the outside faces of its exterior walls. Exclude any areas having less than a six-foot mean ceiling height and no walkable floor. Round up GSF to the nearest whole number.
(Ord. passed 7-23-2002; Ord. 15-02-01, passed 3-25-2015; Ord. 18-02-05, passed 2-27-2018)
§ 152.172 CERTIFICATE OF OCCUPANCY.
(A) No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Building Inspector, stating that the building or proposed use thereof complies with the provisions of all pertinent village ordinances.
(B) No nonconforming use shall be renewed, changed or extended without a certificate of occupancy having first been issued by the Building Inspector therefor.
(C) All certificates of occupancy shall be applied for coincident with the application for a building permit. The certificate shall be issued within ten days after erection or alteration shall have been approved as complying with the provisions of this chapter.
(D) The Building Inspector shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.
(E) No permit for excavation for, or the erection or alteration of or repairs to any building shall be issued until an application has been made for a certificate of occupancy.
(Ord. passed 7-23-2002)
§ 152.173 AMENDMENT.
The Village Board may from time to time amend this chapter through the following procedure.
(A) The Plan and Zoning Commission shall hold a public hearing on a proposed amendment. Notice of the public hearing shall be published in a newspaper of general circulation in the village at least one time 15 days prior to the hearing.
(B) Following the public hearing, the proposed amendment may be recommended as presented or in modified form by a majority vote of the entire Plan and Zoning Commission.
(C) Following its adoption of a recommendation, the Plan and Zoning Commission shall certify the recommended amendment to the Village Board for its adoption.
(D) The Village Board may return the proposed amendment to the Plan and Zoning Commission for further study or re-certification, or by a majority vote of the entire membership may by ordinance or resolution adopt the recommended amendment submitted by the Plan and Zoning Commission. However, nothing in this chapter shall be construed to limit the Board’s authority to recall the amending ordinance by a vote of a majority of the Village Board.
(E) Following adoption by the Board of Trustees, the adopted amending ordinance shall be filed in the office of the Village Clerk. The Village Clerk shall file with the County Recorder a copy of the amending ordinance.
(F) In case of written protest against any proposed amendment of the zoning regulations or districts, signed and acknowledged by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the amendments shall not be passed except by a favorable vote of two-thirds of all of the Village Board.
(G) Before any action shall be taken as provided for in this chapter, (including a request for amendment of this chapter, request for rezoning, request for site-plan approval, request for a conditional use permit, request for a variance or any other formal action as provided for in this chapter), the party proposing or requesting the formal action shall be required to submit a nonrefundable fee to the village. The payment of this fee shall be in addition to any of the other fees required by this or any other ordinance. The amount of the fee may be established and amended from time to time by the resolution of the Board of Trustees of the village.
(Ord. passed 7-23-2002)
§ 152.174 INTERPRETATION.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this chapter imposes a greater restriction, this chapter shall control.
(Ord. passed 7-23-2002)
§ 152.999 PENALTY.
(A) Any person violating any of the sign provisions of this chapter shall become liable to the village for any expense, loss or damage occasioned by the village by reasons of the violation, including reasonable attorney fees incurred by the village in the enforcement of this chapter.
(B) (1) Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, be fined not more than $100 for each offense. Each day that the violation continues shall constitute a separate offense.
(2) In case any building or structure is erected, converted, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the appropriate authorities of the village, in addition to other remedies, may institute appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land.
(Ord. passed 7-23-2002)