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Mount Pulaski City Zoning Code

CHAPTER 10

ADMINISTRATION AND ENFORCEMENT

10-10-1: ADMINISTRATIVE OFFICERS:

The administration of this title is hereby vested in the following officers of the city:
   A.   The office of the zoning administrator.
   B.   The board of appeals 1 .
   C.   The office of the secretary of the board of appeals. (Ord., 8-24-1974)

10-10-2: ZONING ADMINISTRATOR:

   A.   Appointment: The zoning administrator shall be appointed by the mayor, with the advice and consent of the city council.
   B.   Duties: The zoning administrator or his duly appointed and acting assistant shall administer and enforce this title. It shall be the duty of the zoning administrator to:
      1.   Receive and process applications for zoning certificates for structures or additions thereto for which building permits are required.
      2.   Receive and process applications for zoning certificates not accompanied by applications for building permits.
      3.   Receive and process applications for occupancy certificates upon the completion of structures or when there is a change of use as herein provided.
      4.   Conduct inspections of structures or the use of land to determine whether there is compliance with this title and, in the case of any violation, to notify in writing the person or persons in violation, the nature of the violation and order corrective measures to be taken.
      5.   Maintain in current status the official zoning map.
      6.   Maintain permanent and current records required by this title, including, but not limited to, zoning certificates, occupancy certificates, inspections and all official action on appeals, variations and amendments.
      7.   Prepare and submit an annual report to the corporate authorities on the administration of this title, setting forth such statistical data and information as may be of interest or value in advancing and furthering the purposes of this title.
      8.   Prepare and have available in book, pamphlet or map form, on or before March 31 of each year:
         a.   The compiled text of this title, including all amendments thereto through the preceding December 31; and
         b.   A zoning map or maps, showing the zoning districts, divisions and classifications in effect on the preceding December 31.
      9.   Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of this title, and rules of the zoning board of appeals. (Ord., 8-24-1974)

10-10-3: ZONING CERTIFICATES:

   A.   Application: No building permit pertaining to the construction, moving, remodeling or reconstruction of any structure shall be issued by the city unless an application for a zoning certificate shall first have been made to and obtained from the zoning administrator. Unless a zoning certificate shall first have been obtained from the office of the zoning administrator:
      1.   The construction, moving, remodeling or reconstruction of any structure shall not be commenced;
      2.   The improvement of land preliminary to any use of such land shall not be commenced; and
      3.   Permits pertaining to the use of land or structures shall not be issued by any official, officer, employee, department, board or bureau of the city.
Any application for a building permit that contains the information required by subsection B of this section and, when applicable, subsection C of this section, shall be deemed an application for a zoning certificate. Any zoning certificate issued in conflict with the provisions of this title shall be null and void.
   B.   Additional Requirements: Every application for a zoning certificate shall be accompanied by the following:
      1.   The certificate of a registered architect or registered structural engineer licensed by the state of Illinois, or of an owner-designer, that the proposed construction, remodeling or reconstruction complies with all the provisions of this title.
      2.   A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the recorded plat of such land.
      3.   A plot plan, in duplicate, drawn to scale and in such form as may, from time to time, be prescribed by the zoning administrator, showing the location, ground area, height and bulk of all present and proposed structures, drives and off street parking and loading spaces, the building lines in relation to lot lines, waste disposal areas, the use to be made of such present and proposed structures on the land, and such other information as may be required by the zoning administrator for the proper enforcement of this title.
One copy of both the plat and the plot plan shall be retained by the zoning administrator as a public record.
   C.   Issuance Or Denial Of Zoning Certificate: A zoning certificate shall be either issued or refused by the zoning administrator within fourteen (14) days after the receipt of an application therefor, or within such further period as may be agreed to by the applicant. When the zoning administrator refuses to issue a zoning certificate, he shall advise the applicant in writing of the reasons for the refusal.
   D.   Period Of Validity: A zoning certificate shall become null and void six (6) months after the date on which it was issued, unless within such six (6) month period, construction, moving, remodeling or reconstruction of a structure is commenced or a use is commenced. (Ord., 8-24-1974)

10-10-4: OCCUPANCY CERTIFICATES:

   A.   Required: No structure or addition thereto constructed, moved, remodeled or reconstructed after the effective date hereof shall be occupied or used for any purpose and no land vacant on the effective date hereof shall be used for other uses unless an occupancy certificate shall first have been obtained from the zoning administrator certifying that the proposed use or occupancy complies with all the provisions of this title.
   B.   Application For Certificate: Every application for a zoning certificate shall be deemed to be an application for an occupancy certificate.
   C.   Issuance Of Certificate: No occupancy certificate for a structure or addition thereto constructed, moved, remodeled or reconstructed after the effective date hereof shall be issued until such work has been completed, including off street parking and loading spaces, and the premises has been inspected by the zoning administrator and determined to be in full and complete compliance with the plans and specifications upon which the issuance of the zoning certificate was based. No occupancy certificate for a new use of any structure or land shall be issued until the premises has been inspected by the zoning administrator and determined to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located. Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued, to be valid for a period not to exceed six (6) months from its date, pending the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within fourteen (14) days after the receipt of an application therefor, or after the zoning administrator is notified in writing that the structures or premises are ready for occupancy; provided, however, that the zoning administrator shall have a period of twenty one (21) days within which to issue or refuse an occupancy certificate on all applications which are required to comply with the provisions of subsection 10-10-3C of this chapter. (Ord., 8-24-1974)

10-10-5: APPEALS:

   A.   Scope And Commencement Of Appeal: An appeal from a decision of the zoning administrator made in interpreting this title may be taken to the board of appeals by any person aggrieved by said decision or by any officer, department, board or bureau of the city. Such appeals shall be taken within forty five (45) days of the action complained of, by filing with the zoning administrator a notice of appeal, specifying the grounds thereof, and by filing said appeal and a copy of said notice of appeal with the secretary of the board.
   B.   Action On Appeal: The board shall select a reasonable time and place for the public hearing on the appeal, the notice of which shall be published at least once not less than fifteen (15) days nor more than thirty (30) days before the hearing in a newspaper of general circulation within the city, and shall state the reason for the appeal. The board shall render a written decision without delay. Upon the concurring vote of four (4) members, the board may affirm or reverse, in whole or in part, or may modify the decision from which the appeal was taken, and to that end, the board shall have all the powers of the zoning administrator with respect to such decision. (Ord., 8-24-1974; amd. 2010 Code)