Except as otherwise specifically provided, primary responsibility for administering and enforcing this chapter may be assigned by the City Council to one or more individuals. The person or persons to whom these functions are assigned shall be referred to in this chapter as the "building inspector" or "inspector." The term "staff" is sometimes used interchangeably with term "inspector."

(Ord. No. 690-10-99, 10-4-99)

The building inspector shall be appointed by the mayor with the approval by simple majority vote of the council in the same manner as other city employees are appointed and subject to any general provisions affecting such employees.

(Ord. No. 690-10-99, 10-4-99)

(a)

It shall be the duty of the building inspector to enforce this ordinance. The building inspector shall receive applications required by this ordinance, issue permits and furnish the prescribed certifications. He shall examine premises for which permits have been issued, and shall make necessary inspections to insure compliance with the provisions of this ordinance. He shall, when requested by the mayor or city council, or when the interests of the municipality so require, make investigation in connection with matters referred to in this ordinance and render written reports on same to the mayor. For the purpose of enforcing compliance with this ordinance, he shall issue such notice or orders as may be necessary.

(b)

Nothing contained in this section shall prevent this municipality or the Neoga Board of Zoning Appeals and Planning from taking any other lawful action that may be necessary to secure compliance with this ordinance.

(Ord. No. 690-10-99, 10-4-99)

(a)

The Neoga Board of Zoning Appeals and Planning is hereby established. The word "board" when used in this section shall be construed to mean the Neoga Board of Zoning Appeals and Planning.

(b)

There shall be a Neoga Board of Zoning Appeals and Planning consisting of seven members. Six members, appointed by simple majority vote by the city council, shall reside within the city. One member, appointed by simple majority vote by the city council, shall reside within the city's extraterritorial zoning jurisdiction.

(c)

Neoga Board of Zoning Appeals and Planning members shall be appointed for staggered terms, but members may continue to serve until their successors have been appointed. Initially, two in-town members shall be appointed for a two year term, one extraterritorial zoning jurisdiction member shall be appointed for a two year term, and four in-town members shall be appointed for a four year term. The successor to each member will be appointed to serve for a term of four years. Vacancies may be filled for the unexpired terms only.

(d)

Members may be re-appointed to successive terms without limitation.

(e)

Neoga Board of Zoning Appeals and Planning members may be removed by the mayor with the approval of the council by simple majority vote at any time for failure to attend three consecutive meetings or for failure to attend 30 percent or more of the meetings within any 12-month period or for any other cause related to performance of duties.

(f)

If a member moves outside the city, or if an extraterritorial zoning jurisdiction member moves outside the extraterritorial zoning jurisdiction, that shall constitute a resignation from the board, effective upon the date a replacement is appointed.

(g)

Extraterritorial zoning jurisdiction members may vote on all matters coming before the board.

(Ord. No. 690-10-99, 10-4-99)

(a)

The Neoga Board of Zoning Appeals and Planning shall establish a regular meeting schedule.

(b)

The Neoga Board of Zoning Appeals and Planning shall conduct its meetings in accordance with the provisions of this ordinance and where this ordinance is silent on procedures, "Roberts Rules of Orders" shall govern.

(c)

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.

(d)

All meetings of the board shall be open to the public, and whenever feasible, the agenda for each board meeting shall be made available in advance of the meeting.

(e)

The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations, and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be public record.

(f)

Every rule or regulation and its amendment or repeal and every order, recommendation, requirement, decision, or determination of the board shall immediately be filed in the office of the city clerk and shall be public record.

(Ord. No. 690-10-99, 10-4-99)

(a)

A quorum for the Neoga Board of Zoning Appeals and Planning shall consist of the number of members equal to majority of all of the regular board membership. No hearing shall be conducted without a quorum of the board present.

(b)

A member who has withdrawn from the meeting without being excused as provided in subsection (c) shall be counted as present for purposes of determining whether a quorum is present.

(c)

The concurring vote of four members of the board membership shall be necessary to reverse any order, requirement, decision, or determination of the building inspector or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance or to grant any variance or modification in the ordinance. All other actions of the board shall be taken by majority vote, a quorum being present.

(d)

Once a member is physically present at a board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with subsection (b) or has been allowed to withdraw from the meeting in accordance with subsection (e).

(e)

A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

(1)

If the member has a direct financial interest in the outcome of the matter at issue;

(2)

If the matter at issue involves the member's own official conduct;

(3)

If participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or

(4)

If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.

(f)

A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.

(g)

A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order if made by or at the initiative of the member directly affected or another member of the Neoga Board of Zoning Appeals and Planning.

(Ord. No. 690-10-99, 10-4-99)

(a)

At the time of appointment, one member shall be elected by majority vote of the members to serve as chairman and preside over the Neoga Board of Zoning Appeals and Planning meetings, one member shall be elected by majority vote of the members to serve as vice-chairman and preside over the Neoga Board of Zoning Appeals and Planning's meetings in the absence of the chairman, and one member shall be elected by majority vote of the members to serve as secretary and act as the recorder of the Neoga Board of Zoning Appeals and Planning's meetings. The persons so designated shall serve in these capacities for terms of one year. Vacancies may be filled for the unexpired terms only by majority vote of the Neoga Board of Zoning Appeals and Planning membership.

(b)

The chairman or any member temporarily acting as chairman may administer oaths to witnesses coming before the board and compel the attendance of witnesses.

(c)

The chairman and vice-chairman may take part in all deliberations and vote on all issues.

(Ord. No. 690-10-99, 10-4-99)

(a)

The Neoga Zoning Board of Appeals and Planning shall hear and decide and shall submit its recommendations with a majority vote, based on finding of fact, to the city council for enactment by a resolution, an amending ordinance or for rejections the following:

(1)

Applications for conditional use permits as described in this section.

(2)

Applications for variances as described in this section.

(3)

Applications for temporary use permits as described in this section.

(4)

Appeals from and review any order, decision, requirement, or determination made by the building inspector as detailed below.

(5)

Petitions for change of zoning.

(6)

Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines.

(7)

Any other matter the board is required to act upon by any other city ordinance.

(b)

The Neoga Board of Zoning Appeals and Planning shall further have the powers and duties to include the following:

(1)

Make studies and recommend to the council plans, goals, and objectives relating to the growth, development, and redevelopment of the city and the surrounding extraterritorial planning jurisdiction.

(2)

Recommend changes in the Neoga comprehensive plan.

(3)

Prepare and recommend plans for specific improvements in pursuance of the Neoga comprehensive plan.

(4)

Assist city officials charged with the direction of projects for improvements embraced within the Neoga comprehensive plan, to further the making of these projects, and generally, to promote the realization of the Neoga comprehensive plan.

(5)

Develop and recommend to the council policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.

(6)

Make recommendations to the council concerning proposed zoning map changes.

(7)

Perform any other duties assigned by the council.

(c)

The Neoga Board of Zoning Appeals and Planning may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this chapter.

(Ord. No. 690-10-99, 10-4-99)

(a)

This ordinance divides this municipality into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such "conditional uses" require careful case-by-case review, and may be allowed only by permission of the city council. See conditional use sections as defined in Article II, Division 2.

(b)

Allowable conditional uses for specific zoning districts are detailed in Division 2, Zoning Districts of this ordinance.

(Ord. No. 690-10-99, 10-4-99)

(a)

An applicant for a proposed conditional use shall, not more than 30 days before filing an application, serve written notice indicating the name and address of the owner of the property, and the address and nature of the proposed conditional use:

(i)

By certified mail, return receipt requested, to the building inspector; and,

(ii)

By certified mail, return receipt requested, to the owners of all property within 300 feet in each direction of the location of the proposed conditional use.

(b)

Every applicant for a conditional use permit shall submit to the building inspector, in narrative and/or graphic form, the items of information enumerated below. The building inspector shall prepare an advisory report on every request for a conditional use permit. He shall transmit the completed application and his advisory report to the city board of zoning appeals and planning within 30 days after receiving the application (see also article III, division 9, schedule of fees.)

Items of information:

(i)

Name and address of the applicant;

(ii)

Name and address of the owner or operator of the proposed structure or use, if different from (i);

(iii)

Name and address of the owners of all properties within 300 feet in each direction of the proposed conditional use and copies of the certified mail return receipt information;

(iv)

Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;

(v)

Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;

(vi)

Area and dimensions of the site for the proposed structure or uses;

(vii)

Existing topography of the site (USGS ten-foot contour data is acceptable), and proposed finished grade;

(viii)

Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

(ix)

Height and setbacks of the proposed structure;

(x)

Number and size of proposed dwelling units, if any;

(xi)

Location and number of proposed parking/loading spaces and access ways;

(xii)

Identification and location of all existing or proposed utilities, whether public or private;

(xiii)

A written statement certifying that they have complied with the notice requirements in subsection 3.16(a); and/or,

(xiv)

Any other pertinent information that the building inspector may require.

(Ord. No. 690-10-99, 10-4-99; Ord. No. 1011-07-21, § XXXVIII, 7-12-21)

The city board of zoning appeals and planning shall hold a public hearing on every conditional use permit application within 45 days after said application and advisory report is submitted to them by the building inspector. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing; and the name and address of the owner of the property, and address and nature of the proposed conditional use shall be given by the city board of zoning appeals and planning not more than 30 nor less than 15 days before the hearing:

(a)

By certified mail, return receipt requested, to the owners of all property within 300 feet in each direction of the location of the proposed conditional use; and,

(b)

By publication in a newspaper of general circulation within this municipality.

(Ord. No. 690-10-99, 10-4-99; Ord. No. 1011-07-21, § XXXIX, 7-12-21)

Within 45 days after the public hearing, the Neoga Board of Zoning Appeals and Planning shall submit their advisory report to the city council. In deciding what their advice should be, the Neoga Board of Zoning Appeals and Planning shall consider the following factors:

(i)

Whether the proposed design, location, and manner of operation of the proposed conditional use will adequately protect the public health, safety, and welfare, and the physical environment;

(ii)

Whether the proposed conditional use is consistent with this municipality's comprehensive plan;

(iii)

The effect the proposed conditional use would have on the value of neighboring property and on this municipality's overall tax base;

(iv)

The effect the proposed conditional use would have on public utilities and on traffic circulation on nearby streets; and

(v)

Whether there are any facilities near the proposed conditional use (such as schools or hospitals) that require conditional protection.

(Ord. No. 690-10-99, 10-4-99)

The city council shall act on every request for a conditional use permit at their next regularly scheduled meeting following submission of the Neoga Board of Zoning Appeals and Planning advisory report. Without further public hearing, the city council may grant or deny a conditional use permit by an ordinance passed by a simple majority vote of all members then holding office. In a separate statement accompanying any such ordinance, the city council shall state their findings of fact, and indicate their reasons for approving (with or without conditions) or denying the request for a conditional use permit.

EXCEPTION: If a conditional use permit fails to receive a recommendation for approval by the Neoga Board of Zoning Appeals and Planning, then a favorable vote of at least two-thirds of all the members of the city council is required to pass an ordinance for the proposed conditional use permit.

(Ord. No. 690-10-99, 10-4-99)

State Law reference— 65 ILCS 5/11-13-1.1.

A variance is a relaxation of the requirements of this ordinance that are applicable to a particular lot, structure, or use. Variances should be allowed where the existing zoning regulations pose a particular hardship on the property owner. A variance should only be granted however, where the variance in question is the minimum deviation from existing zoning regulations.

(Ord. No. 690-10-99, 10-4-99)

(a)

An applicant for a proposed variance shall, not more than 30 days before filing an application serve written notice indicating the name and address of the owner of the property, and the address and nature of the proposed variance:

(i)

By certified mail, return receipt requested, to the building inspector; and,

(ii)

By certified mail, return receipt requested, to the owners of all property within 300 feet in each direction of the location of the proposed variance.

(b)

Every application for a variance shall be filed with the building inspector on a prescribed form. The building inspector shall transmit said application, together with any advice he might wish to offer, within 30 days of receiving the application, to the city board of zoning appeals and planning. The application shall contain sufficient information to allow the city board of zoning appeals and planning to make an informed decision, and shall include, at a minimum, the following (see also article III, division 9, schedule of fees):

(i)

Name and address of the applicant;

(ii)

Name and address of the owners of all properties within 300 feet in each direction of the proposed variance and copies of the registered mail return receipt information;

(iii)

Location of the structure/use for which the variance is sought;

(iv)

Relationship of said structure/use to existing structures/uses on adjacent lots;

(v)

Specific section(s) of this ordinance containing the regulations which, if strictly applied, would cause a serious problem;

(vi)

A written statement certifying that they have complied with the notice requirements in subsection 3.24(a); and,

(vii)

Any other pertinent information that the building inspector may require.

(Ord. No. 690-10-99, 10-4-99; Ord. No. 1011-07-21, § XL, 7-12-21)

The city board of zoning appeals and planning shall hold a public hearing on each variance request within 45 days after the variance application is submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed variance shall be given not more than 30 nor less than 15 days before the hearing:

(a)

By certified mail, return receipt requested, to the owners of all property within 300 feet in each direction of the location of the proposed conditional use; and,

(b)

By publication in a newspaper of general circulation within this municipality.

(Ord. No. 690-10-99, 10-4-99; Ord. No. 1011-07-21, § XLI, 7-12-21)

Within 45 days after the public hearing, the Neoga Board of Zoning Appeals and Planning shall submit their advisory report to the city council. In deciding what their advice should be, the Neoga Board of Zoning Appeals and Planning shall consider the following factors:

(i)

The proposed variance is consistent with the general purposes of this ordinance;

(ii)

Strict application of the district requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;

(iii)

The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;

(iv)

The plight of the applicant is due to peculiar circumstances not of his own making;

(v)

The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and

(vi)

The variance, if granted, will not alter the essential character of the area where the premises in question are located nor materially frustrate implementation of this municipality's comprehensive plan.

(Ord. No. 690-10-99, 10-4-99)

The city council shall act on every request for a variance at their next regularly scheduled meeting following submission of the Neoga Board of Zoning Appeals and Planning advisory report. Without further public hearing, the city council may grant or deny a variance by an ordinance passed by a simple majority vote of all members then holding office. In a separate statement accompanying any such ordinance, the city council shall state their findings of fact, and indicate their reasons for approving or denying the request for a variance.

EXCEPTION: If a variance fails to receive a recommendation for approval by the Neoga Board of Zoning Appeals and Planning, then a favorable vote of at least two-thirds of all the members of the city council is required to pass an ordinance for the proposed variance.

(Ord. No. 690-10-99, 10-4-99)

State Law reference— 65 ILCS 5/11-13-10.

The requirements imposed by this ordinance are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures, and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the emission of noxious fumes or excessive noise, and/or the lowering of property values. The regulations of this article are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.

(Ord. No. 690-10-99, 10-4-99)

Any vacant lot that does not conform to one or more of the lot size (area, dimensions) requirements of the district in which it is located may be used in the manner indicated if such vacant lot:

(a)

Is of record on the date of the adoption or amendment of this ordinance;

(b)

Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by any applicable zoning or other ordinance; and

(c)

Is at least 30 feet wide.

(Ord. No. 690-10-99, 10-4-99)

In any residential district, one single-family dwelling and related accessory structures, but no other use, may be erected on any vacant nonconforming lot of the type described above provided all the minimum square foot requirements of structures of the particular district are observed. Those proposing to construct on said lot shall follow the variance procedure outlined in Article III, Division 2B.

(Ord. No. 690-10-99, 10-4-99)

In the industrial district and in any commercial district, any structure permitted in the particular district may be erected on any vacant nonconforming lot of the type described above if the minimum square foot requirements of structures of that district are met. Those proposing to construct on said lot shall follow the variance procedure outlined in Article III, Division 2B.

(Ord. No. 690-10-99, 10-4-99)

If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this ordinance, and if one or more of those lots does not meet the minimum lot width, depth, and area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this ordinance, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this ordinance.

(Ord. No. 690-10-99, 10-4-99)

Any lawful structure which exists on the effective date of this ordinance but which could not be erected under the terms of this ordinance because of restrictions on lot size, height, setbacks, or other characteristics of the structure or its location on the lot may lawfully remain, subject to the following provisions:

(a)

Enlargement, alterations. No such structure shall be enlarged or altered in any way which increases its nonconformity.

(b)

Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.

(c)

Reconstruction. No such structure which is destroyed or damaged by any means shall be reconstructed if the building inspector determines that the cost of such reconstruction exceeds 60 percent of the structure's market value at the time of loss, unless after reconstruction the structure will conform to all applicable regulations of the district in which it is located. In the event the building inspector determines the estimated cost of reconstruction is less than 60 percent of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six months from the date the damage occurred and is diligently prosecuted to completion.

The building inspector may require that the reconstruction cost estimate be made by a bona fide construction contractor, and that the structure's market value at the time of loss be determined by a licensed real estate appraiser. The owner of the damaged structure shall be responsible for obtaining these estimates for the building inspector.

(Ord. No. 690-10-99, 10-4-99)

If any lawful use occupying a structure exists on the effective date of this ordinance but would not be allowed under the terms of this ordinance, such use may lawfully continue, subject to the following provisions:

(a)

Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.

(b)

Enlargement, Alteration, Reconstruction, Relocation. No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed, or relocated unless the use of the structure is changed to a permitted use.

(c)

Extension of use. No nonconforming use may be extended to any part(s) of the structure not intended or designed for such use, nor shall the nonconforming use be extended to occupy any land outside such structure.

(d)

Change of use. A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.

(e)

Discontinuance of use. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for 24 consecutive months, the nonconforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.

(Ord. No. 690-10-99, 10-4-99)

Any lawful use of land existing on the effective date of this ordinance that would not be permitted under the terms of this ordinance may lawfully continue, subject to the following provisions:

(a)

Intensification or extension of use. A nonconforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the effective date of this ordinance.

(b)

Relocation. No nonconforming use of land shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.

(c)

Change of use. A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.

(d)

Discontinuance. When a nonconforming use of land is discontinued for a period of 24 consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.

(Ord. No. 690-10-99, 10-4-99)

The regulations of this article shall not apply to any change in an existing structure or to any change in the use of a structure or of land for which a permit was issued prior to the effective date of this ordinance or any pertinent amendment thereto provided that the work authorized by such permit is completed within a reasonable time.

(Ord. No. 690-10-99, 10-4-99)

Requests for temporary use permits shall be treated in the same manner as requests for conditional use permits. The city council shall not initially issue any temporary use permit for a period longer than one year, but they may renew any such permit as they see fit (see also Article III, Division 9, "Schedule of Fees").

(Ord. No. 690-10-99, 10-4-99)

Whenever the building inspector finds, by inspection or otherwise, that any lot, structure, or use, or work thereon, is in violation of this ordinance, he shall so notify the responsible party, and shall order appropriate corrective action.

(Ord. No. 690-10-99, 10-4-99)

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 Building Inspector if he 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 building permit and may result in the imposition of fines.

(Ord. No. 690-10-99, 10-4-99)

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 personally;

(b)

Sent by certified mail to his last known address; or,

(c)

Posted in a conspicuous place on or about the affected premises.

(Ord. No. 690-10-99, 10-4-99; Ord. No. 1011-07-21, § XLII, 7-12-21)

Whenever any work is being done in violation of an building permit, the building inspector's corrective action order may state that the violation must cease immediately. In such case, the corrective action order is equivalent to a stop order.

(Ord. No. 690-10-99, 10-4-99)

Any person aggrieved by any decision or order of the building inspector in any matter related to the interpretation or enforcement of any provision of this ordinance may appeal to the Neoga Board of Zoning Appeals and Planning. Every such appeal shall be made and treated in accordance with Illinois law and the provisions of this section.

(Ord. No. 690-10-99, 10-4-99)

Every appeal shall be made within 45 days of the matter complained of by filing with the building inspector and a written notice specifying the grounds for appeal. Not more than five working days after the notice of appeal has been filed, the building inspector shall transmit to the Neoga Board of Zoning Appeals and Planning all records pertinent to the case.

(Ord. No. 690-10-99, 10-4-99)

An appeal stays all further action on the matter being appealed unless the building inspector certifies to the Neoga Board of Zoning Appeals and Planning, after the notice of appeal has been filed with him, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Neoga Board of Zoning Appeals and Planning or the circuit court grants a restraining order for due cause, and so notifies the building inspector.

(Ord. No. 690-10-99, 10-4-99)

The Neoga Board of Zoning Appeals and Planning shall hold a public hearing on every appeal within 45 days after the filing of the appeal notice. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and briefly describing the issue to be decided shall be given not more than 30 nor less than 15 days before the hearing:

(i)

By registered mail, return receipt requested, to the parties making the appeal; and

(ii)

By publication in a newspaper of general circulation within this municipality.

(Ord. No. 690-10-99, 10-4-99)

Within 45 days after the public hearing, the Neoga Board of Zoning Appeals and Planning shall decide the appeal. In deciding the appeal, the Neoga Board of Zoning Appeals and Planning may recommend to reverse or affirm, wholly or partly, or may recommend to modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate. In so doing, the Neoga Board of Zoning Appeals and Planning has all the powers of the Building Inspector. In a separate statement, the Neoga Board of Zoning Appeals and Planning shall state their findings of fact.

(Ord. No. 690-10-99, 10-4-99)

The city council may amend this ordinance in accordance with state law and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the city council, the building inspector, or any interested person.

(Ord. No. 690-10-99, 10-4-99)

Every proposal to amend this ordinance shall be filed with the building inspector on a prescribed form. The building inspector shall promptly transmit said proposal, together with any comments or recommendation he may wish to make, to the Neoga Board of Zoning Appeals and Planning for a public hearing.

(Ord. No. 690-10-99, 10-4-99)

The Neoga Board of Zoning Appeals and Planning shall hold a public hearing on every amendment proposal within 45 days after said proposal has been submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed amendment shall be given not more than 30 nor less than 15 days before the hearing by publication in a newspaper of general circulation within this municipality.

(Ord. No. 690-10-99, 10-4-99)

Within 45 days after the public hearing, the Neoga Board of Zoning Appeals and Planning shall submit their advisory report to the city council. The report shall state the Neoga Board of Zoning Appeals and Planning's recommendations regarding adoption of the proposed amendment, and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the Neoga Board of Zoning Appeals and Planning shall include in their advisory report findings of fact concerning each of the following matters:

(a)

Existing use(s) and zoning of the property in question;

(b)

Existing use(s) and zoning of other lots in the vicinity of the property in question;

(c)

Suitability of the property in question for uses already permitted under existing regulations;

(d)

Suitability of the property in question for the proposed use;

(e)

The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned; and

(f)

The effect the proposed rezoning would have on implementation of this municipality's comprehensive plan.

(Ord. No. 690-10-99, 10-4-99)

The city council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the Neoga Board of Zoning Appeals and Planning's advisory report. Without further public hearing, the city council may pass any proposed amendment or may refer it back to the Neoga Board of Zoning Appeals and Planning for further consideration, by simple majority vote of all the members then holding office.

EXCEPTION: The favorable vote of at least two-thirds of all the members of the city council is required to pass an amendment to this ordinance when the proposed amendment is opposed, in writing, by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered.

(Ord. No. 690-10-99, 10-4-99)

Note— 65 ILCS 5/11-13-14.

(a)

From time to time, and upon the Neoga Board of Zoning Appeals and Planning's recommendation, the council may appoint one or more individuals to help the Neoga Board of Zoning Appeals and Planning carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the council may appoint advisory committees to consider the thoroughfare plan, bikeway plans, housing plans, economic development plans, etc.

(b)

Members of such advisory committees shall sit as nonvoting members of the Neoga Board of Zoning Appeals and Planning when such issues are being considered and lend their talents, energies, and expertise to the Neoga Board of Zoning Appeals and Planning. However, all formal recommendations to the council shall be made by the Neoga Board of Zoning Appeals and Planning.

(c)

Nothing in this section shall prevent the council from establishing independent advisory groups, committees, or commissions to make recommendations on any issue directly to the council.

(Ord. No. 690-10-99, 10-4-99)

(a)

Unless otherwise specifically provided in this chapter, in acting upon recommendations of the Neoga Board of Zoning Appeals and Planning or in considering amendments to this chapter or the zoning map, or amendments to the Neoga comprehensive plan, the council shall follow the regular, voting, and other requirements as set forth in other provisions of the City Code, the City Charter, or general law.

(Ord. No. 690-10-99, 10-4-99)

The requirements of this division shall apply to new construction, alterations of existing buildings, accessory buildings and swimming pools in all districts created by this ordinance and amendments thereto.

(Ord. No. 690-10-99, 10-4-99)

(a)

All applications for building permits shall be made on forms supplied by the building inspector and be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing the actual shape and dimensions the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing, and the lines within which the proposed building and structure shall be erected or altered, the existing and intended use of each building or part of building, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary or required by the building inspector to determine and provide for the enforcement of this ordinance. A careful record of the original copy of such applications and plats shall be kept by the building inspector in the office of the city clerk and the duplicate copy shall be kept at the building at all times during construction.

(b)

All dimensions shown on the plot plans relating to the location and size of the lot to be built upon shall be accurate, and a survey may be required by the building inspector. The lot shall be staked out on the ground before construction is started.

(c)

A permit for construction of the footing shall be issued by the building inspector within 15 working days after application thereof, provided that the building inspector is satisfied with the plot plan and he has inspected the staked out footing.

(d)

Upon completion of the footing, the applicant shall notify the building inspector, who shall thereafter make an inspection. If the footing meets code requirements and the building inspector is otherwise satisfied, he shall issue a permit for construction of the building.

(e)

A building permit is valid for one year from the date of issuance unless issued for a longer period, and the fee therefor is nonrefundable.

(f)

All construction for which the building permit was issued shall be completed on or before the date of expiration of the permit.

(g)

Churches and other not-for-profit organizations shall not be required to pay the fee for a permit, but shall comply with all other provisions of this ordinance.

(h)

A permit shall be required for all alterations to existing buildings and accessory buildings that require changes in the footprint of the building, the square footage and or use, or the removal of a bearing wall.

(i)

A permit shall be required for the construction of a new accessory building, but a fee shall not be required.

(j)

All permits shall be posted at the building site at all times in a location easily visible from the street.

(Ord. No. 690-10-99, 10-4-99; Ord. No. 716-05-02, § 8, 5-20-02)

Fees for building permits, and other types of permits issued by the city, shall be charged according to the building comprehensive fee schedule, a true and accurate copy of which is attached to Ord. No. 1011-07-21 as exhibit A and hereby incorporated by reference as though fully stated herein.

(Ord. No. 690-10-99, 10-4-99; Ord. No. 1011-07-21, § XLIII, 7-12-21)

(a)

Notwithstanding any other provisions of this ordinance, whenever the Building Inspector determines that any violation of this ordinance poses an imminent peril to life or property, he may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

(b)

The building inspector shall forward a written report within ten days to the Neoga Board of Zoning Appeals and Planning on the nature of the nature of the emergency and steps taken to resolve it.

(Ord. No. 690-10-99, 10-4-99)

Whenever any violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the building inspector. The building inspector shall record such complaints, immediately investigate within seven working days, and, if necessary, institute appropriate corrective action in accordance with the regulations of this ordinance and applicable state statutes.

(Ord. No. 690-10-99, 10-4-99)

Pursuant to 65 ILCS 5/1-2-1, any Person violating, disobeying, omitting, neglecting, or refusing to comply with or unlawfully resisting or opposing the enforcement of any of the provisions of this Appendix B shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined not less than $250.00 nor more than $750.00 or imprisoned for a period not to exceed one month, or both, for each offense. A separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues. Any such person may be further ordered to pay restitution to the city for any costs incurred by the city as a result of the violation of this appendix B, excluding attorney fees incurred in the prosecution of such violation. Notwithstanding any provision in this appendix B to the contrary, wherever any statute or public act of the General Assembly shall limit the amount of any fine or penalty, the fine or penalty imposed by this appendix B shall be the maximum amount permitted by such statute or public act. Every act or omission of whatsoever nature constituting a violation of any provision of this appendix B, by any officer, director, manager or other agent or employee of any person, shall be deemed and held to be the act of such person, and the person shall be punishable in the same manner as if the act or omission had been done or omitted by him personally.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this appendix B, the city, in addition to any and all other remedies, may institute any appropriate action or proceedings to seek injunctive and/or declaratory relief to prevent such unlawful erection, maintenance or use to restrain, correct or abate such violation to prevent the occupancy of said building, structure or land or to prevent any illegal act conduct, business or use in or about such premises, and the city may revoke any permit authorized and issued pursuant to this appendix B.

(Ord. No. 690-10-99, 10-4-99; Ord. No. 1011-07-21, § XLIV, 7-12-21)

All fees indicated in tabular form below shall be paid to the city clerk. Said fees are intended to defray the administrative costs connected with the processing/conducting of the listed permits/procedures; they do not constitute a tax or other revenue-raising device.

(Ord. No. 690-10-99, 10-4-99)