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Momence City Zoning Code

CHAPTER 11

ZONING ADMINISTRATION

9-11-1: ENFORCING OFFICER:

   (A)   Building Inspector: The administrator of this zoning title for the city is designated as the building inspector. The building inspector shall be responsible for enforcing this zoning title. In the event the building inspector is unable or unwilling to perform his duties, an alternate inspector shall be chosen by the mayor to carry on the duties of building inspector.
   (B)   Salary: The building inspector shall be paid at the rate of two thousand dollars ($2,000.00) per annum and in addition thereto shall receive forty percent (40%) of all building permit fees. (Ord. 430, 7-17-1995)
   (C)   Building Permit Fee: (Rep. by Ord. 659, 7-20-2009)
   (D)   Coinspector: In the event the building inspector is required to retain the services of a coinspector, the total cost for the coinspector shall be borne by the permit applicant in addition to the building inspector's fees; provided, however, the permit applicant shall be given an estimate for charges for the coinspector prior to the time the permit is issued. (Ord. 430, 7-17-1995)

9-11-2: BUILDING USE PERMITS; CERTIFICATES OF COMPLIANCE, OCCUPANCY:

   (A)   Building Permit: No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the building inspector stating that the building or structure and use of land comply with the regulations of this title and all building and health laws and regulations of the city 1 .
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 inspector.
Architectural plans are to be provided for all new commercial construction and new residential buildings and condominiums. Such plans are subject to review by the planning commission. Remodeling not involving life safety or structural alterations on existing residential buildings are exempt from the need to provide architectural plans.
   (B)   Certificate Of Compliance: 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 inspector. The certificate of compliance shall be issued only after the building inspector makes a finding that the building or a structure has been erected or structurally altered in conformance with the provisions of this title and other health and building laws and in accordance with a building permit.
Certificates of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection and alteration of such building shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished, on request, to any person having proprietary or tenancy interest in the building affected.
   (C)   Certificate For Continued Occupancy Of Nonconforming Uses: Certificates for the continued occupancy of nonconforming uses existing at the effective date hereof shall be issued by the building inspector and the certificate shall state that the use is a nonconforming one and does not conform with the provisions of this title. The building inspector shall notify the owners of the property being used as a nonconforming use and shall furnish said owner with a certificate of occupancy for such nonconforming use.
   (D)   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 inspector. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this title and amendments hereto, hereafter duly enacted 2 .
   (E)   Continuance Of Existing Uses: Nothing in this title shall prevent the continuance of the 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 chapter 1 of this title. (Ord. 669, 1-19-2010)

9-11-3: APPEALS:

   (A)   Appeal Procedure: Any person aggrieved by a ruling of the building inspector charged with the enforcement of this title or by any officer, department, board or bureau of the city concerning the interpretation of this title may take an appeal to the zoning board of appeals 1 .
Such appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by general rules adopted by it, and shall be taken by filing with the city clerk and with the zoning board of appeals a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the zoning board of appeals. The city clerk shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed was taken.
   (B)   Stay Of Proceedings: The appeal shall stay all proceedings and furtherance of the action appealed from, unless the building inspector certifies to the zoning board of appeals, after notice of appeal has been filed with him, 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, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals or by court of record on application, with notice to the officer from whom the appeal is taken and all due causes shown.
   (C)   Hearing: The zoning board of appeals shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons appealing and to the officer from whom the appeal is taken. It shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney.
   (D)   Administrative Decision: All final administrative decisions of the board under this chapter shall be subject to judicial review pursuant to the provisions of the "administrative review act 2 " of the state of Illinois, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in section 1 of the "administrative review act". (Ord. 233, 7-3-1978)

9-11-4: PENALTY FOR VIOLATION:

Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this title shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. 233, 7-3-1978)