Marissa City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 154.310 ZONING ADMINISTRATOR; APPOINTMENT AND DUTIES.
(A) There is hereby established the office of Zoning Administrator, who shall be appointed by the Mayor, with the advice and consent of the Board of Trustees, for a term of two years.
(B) The Zoning Administrator is hereby authorized and directed to administer and enforce the provisions of this chapter. This broad responsibility encompasses, but is not limited to, the following specific duties:
(1) To review applications pertaining to land, structures and the uses of land and/or structures;
(2) To inspect lots, structures, and uses to determine compliance with this chapter, and, where there are violations, to initiate appropriate corrective action;
(3) To review and forward to the Zoning Board of Appeals all appeals and applications for variances, special use permits, and amendments;
(4) To maintain up-to-date records of matters related to this chapter, 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;
(5) To republish the zoning district map not later than March 31 if any re-zonings or annexations have been approved during the preceding calendar year (see § 154.022);
(6) To provide information to the general public on matters related to this chapter; and
(7) To perform such other duties as the Board of Trustees may prescribe from time to time.
(Prior Code, § 40-9-1)
§ 154.311 INITIAL CERTIFICATES OF ZONING COMPLIANCE.
(A) Upon the effective date of this chapter, 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.
(B) The Zoning Administrator shall not issue an initial certificate of zoning compliance unless he or she determines that the proposed activity conforms to the applicable provisions of this chapter.
(Prior Code, § 40-9-2)
§ 154.312 ZONING APPLICATION.
(A) Every applicant for a 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 Zoning Administrator shall decide which items are applicable. (Note: Filing fee required in § 154.322.)
(B) Items of information include:
(1) Name and address of the applicant;
(2) Name and address of the owner or operator of the proposed lot, structure, or use, if different from division (A) above;
(3) Nature of the proposed use, including type of activity, manner of operations, number of occupants or employees, and similar matters;
(4) Location of the proposed use or structures, and its relationship to existing adjacent uses or structures;
(5) Area and dimensions of the site for the proposed structure or use;
(6) Existing topography of the site (USGS ten-foot contour data is acceptable), and proposed finished grade;
(7) Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;
(8) Height, setbacks, and lot coverage of the proposed structures;
(9) Number and size of proposed dwelling units, if any;
(10) Location and number of proposed parking/loading spaces and access ways;
(11) Identification and location of all existing and proposed utilities, whether public or private; and/or
(12) Location and square footage of existing and proposed signs by type and class.
(Prior Code, § 40-9-3) (Ord. 06-08, passed 6-19-2006)
§ 154.313 DURATION OF CERTIFICATE.
(A) Initial certificates of zoning compliance shall be valid for one year, or until revoked for failure to abide by a corrective action order.
(B) The Zoning Administrator may renew initial certificates of zoning compliance for successive one year periods upon written request, provided the applicant is making a good faith effort to complete the authorized work. (See § 154.316.)
(Prior Code, § 40-9-4)
§ 154.314 RELATIONSHIP TO BUILDING PERMITS.
(A) Upon the effective date of this chapter, 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.
(B) The village, in compliance with the State Architecture Practice Act of 1989 and effective January 1, 1992 (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.
(Prior Code, § 40-9-5)
§ 154.315 FINAL CERTIFICATES OF ZONING COMPLIANCE.
No lot or part thereof recorded or developed after the effective date of this chapter, and no structure or use or part thereof that has been erected, enlarged, altered, relocated, or reconstructed after the effective date of this chapter, shall be used, occupied, or put into operation until a certificate of zoning compliance has been issued. The Zoning 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 chapter.
(Prior Code, § 40-9-6)
§ 154.316 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 chapter, he or she shall so notify the responsible party, and shall order appropriate corrective action.
(Prior Code, § 40-9-7)
§ 154.317 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 Zoning Administrator if he or she so desires;
(F) The date by which an appeal of the corrective 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.
(Prior Code, § 40-9-8)
§ 154.318 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 or her personally;
(B) Sent by certified mail to his or her last known address; or
(C) Posted in a conspicuous place on or about the affected premises.
(Prior Code, § 40-9-9)
§ 154.319 STOP ORDERS.
Whenever any work is being done in violation of an initial certificate of zoning compliance, the Zoning 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 § 514.317.)
(Prior Code, § 40-9-10)
§ 154.320 EMERGENCY MEASURES.
Notwithstanding any other provisions of this chapter, whenever the Zoning Administrator determines that any violation of this chapter poses an imminent peril to life or property, he or she may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.
(Prior Code, § 40-9-11)
§ 154.321 COMPLAINTS.
Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Zoning Administrator. The Zoning Administrator shall record such complaints, promptly investigate, and, if necessary, institute appropriate corrective action.
(Prior Code, § 40-9-12)
§ 154.322 FEES.
(A) (1) The Board of Trustees establishes the following schedule of fees for the various permits and procedures listed in this chapter. 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:
Service/Structure | Zoning Occupancy Fee |
Service/Structure | Zoning Occupancy Fee |
Accessory building (larger than 100 square feet) | $10 per building, $0.04 per square foot, whichever is greater |
Commercial or business structure | $100, or $0.04 per square foot, whichever is greater |
Industrial structure | $150, or $0.04 per square foot, whichever is greater |
Miscellaneous permit (e.g., parking lot, deck, driveway, and the like) | $0.01 per square foot ($5 minimum, $25 maximum) |
Mobile home park permit | $500, or $25 per pad, whichever is greater, plus engineering costs, if any |
Mobile home unit/immobilized | $25, or $0.04 per square foot, whichever is greater |
Multi-family residence | $25 per unit, or $0.04 per square feet, whichever is greater |
Planned development | $500, or $0.04 per square foot of building space, whichever is greater1 |
Sign permit | $5, or $0.05 per square foot, whichever is greater |
Single-family residence | $25, or $0.04 per square foot, whichever is greater |
Structural additions | $10, or $0.04 per square foot, whichever is greater |
Note: | |
(2) All fees for the above projects that are started prior to obtaining the zoning occupancy permit and/or paying the fees shall be doubled.
Service | Zoning Board of Appeals Fee |
Amendments | $100, plus mailing and publication costs |
Interpretation of Code | $100, plus mailing and publication costs |
Special use permit | $100, plus mailing and publication costs |
Variance permit | $100, plus mailing and publication costs |
(Prior Code, § 40-9-13)