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Sangamon County Unincorporated
City Zoning Code

CHAPTER 17

76 Administration And Enforcement

17.76.010 Authorities Designated

The administration of this ordinance is hereby vested in the Zoning Administrator of the County and in the Zoning Board of Appeals.

(Res. 10, Exh. A, 12-13-2016; Res. 24(part), June 14, 1993: Res. 1-1 §7(part), November 16, 1982)

17.76.020 Zoning Administrator

There is hereby created the Office of the Zoning Administrator. The head of the office shall be appointed or removed by the Chairman of the County Board, subject to County Board approval. Such other employees of the Office of the Zoning Administrator shall be appointed by the Zoning Administrator and authorized by the Public Health, Solid Waste and Zoning Committee of the County Board and applicable subsequent committees.

(Res. 10, Exh. A, 12-13-2016; Res. 24(part), June 14, 1993; Res. 1-1 §7(A)(1), November 16, 1982)

17.76.030 Zoning Administrator; Powers And Duties Designated

The zoning administrator shall enforce this title. In the performance of his duties, he shall:

  1. Examine and approve applications that conform with this title and issue zoning certificates for all use of land, buildings, and structures when the application conforms with the provisions of this title, except that for agricultural uses of the land, no such examination or permits shall be required. However, farm buildings shall conform with the front yard setback regulations of this title;
  2. Determine lot, bulk and parking requirements in specific instances;
  3. For industrial districts, receive certificates indicating compliance with the performance standards for I-1 or I-2 districts from an engineer registered with the state or scientific testing laboratory, approved by the county board;
  4. Keep records of and pertaining to the zoning ordinance including:
    1. All maps, amendments, conditional uses, variations, appeals and other pertinent data,
    2. All uses which do not conform with the use regulations of each district;
  5. Conduct inspection of buildings, structures, and uses of the land to determine compliance with this title;
  6. Receive, file and forward to the zoning board of appeals, the Springfield-Sangamon County regional planning commission and the zoning, planning, and subdivision committee of the Sangamon County board all petitions for amendments, variances, conditional permitted uses and appeals which are filed in the office of the zoning administrator. Petitions for land which have been divided or are proposed to be divided in violation of the State Plats Act and county subdivision regulations shall be returned to the petitioner with a directive noting the violations. Petitions which are in violation of the Plats Act shall not be placed on the docket of the zoning board of appeals until the violation has been resolved. All petitions shall have attached a location map illustrating the shape and dimensions of the property in question and a list of contiguous property owners and their addresses including owners across streets and alleys;
  7. Provide clerical and technical assistance as may be required by this title and the zoning board of appeals in the exercise of its duties. Interested parties may copy records at their own expense;
  8. File a report with the chairman of the zoning, planning, and subdivision committee of the Sangamon County board, and a copy to the chairman of the Sangamon county board relative to findings of the zoning administrator on all reports of zoning violations made to him by a citizen, a county employee or a county official;
  9. Provide and maintain a public information bureau relative to all matters arising out of this title and post all public notices called for in this title;
  10. Issue, upon the approval of the county zoning, planning, and subdivision committee of the Sangamon County board, permits regulating the erection and use of tents or other temporary structures for a stipulated period of time for special events, such as: temporary circus, carnival and church tents; Boy Scout and Girl Scout tents; seasonal fruit and vegetable stands; concrete batch plants, etc., but not including general merchandise sales unrelated to special events.
  11. Issue permits for the sale of Fireworks as a Consumer Distributor or Consumer Retailer in accordance with Chapter 8.12 of this Code.
  12. To inspect vehicles which may constitute an inoperable motor vehicle and upon direction by the zoning, planning, and subdivision committee of the county board, notify the person or persons to dispose of any inoperable motor vehicles under his or her control.

(Res. 21, June 14, 2005; Res. 16a §§1, 24(part), November 19, 1985; Res. 1-1 §7(A)(2), November 16, 1982)

HISTORY
Amended by Res. Res 9-1 on 4/8/2024

17.76.040 Zoning Administrator; Enforcement Authority

The zoning administrator shall have the power to make such orders, requirements, decisions, and determinations as are necessary to enforce this title.

(Res. 1-1 §7(K)(1)(a), November 16, 1982)

17.76.050 Zoning Administrator; Inspection Authority

The zoning administrator or persons under his supervision shall conduct investigations to determine compliance or non-compliance with the provisions of this title. In the performance of such investigation, the zoning administrator or authorized representatives may enter into and upon and cause any land or structure to be inspected and examined at all reasonable times of the day or night. Inspections shall be conducted after notifying the owners of the property except that when the owner is not available, the zoning administrator or his representative may inspect the land and the exterior of any structures.

(Res. 1-1 §7(K)(1)(c), November 16, 1982)

17.76.060 Zoning Board Of Appeals; Creation And Membership

  1. In accordance with the applicable Statutes of the State a zoning board of appeals is created for the affected area of Sangamon County. The board shall consist of five (5) members to serve respectively for the following terms: one for one (1) year; one for two (2) years; one for three (3) years; one for four (4) years; and one for five (5) years. The successor to each member so appointed shall serve for a term of five (5) years, except that vacancies shall be filled only for the unexpired term of any member whose place has become vacant.
  2. One member so appointed shall be named chairman at the time of appointment. Terms of members shall commence on the date of their appointment. Members shall be residents of separate congressional townships at the time of their appointment and a majority of the members shall also be residents of unincorporated areas.
  3. All appointments to the zoning board of appeals shall be made by the chairman of the Sangamon County board. The chairman of the county board shall have the power to remove, after a public hearing, any member of the zoning board of appeals for cause. In the event that the office of chairman of the zoning board of appeals is vacated for any reason, the chairman of the county board shall immediately appoint, at his option, either one of the remaining members on the zoning board of appeals, or any member who is appointed to fill such vacancy on the board as the new chairman. Such appointment shall be subject to the approval of the county board at its next scheduled meeting.
  4. The chairperson and all members of the zoning board of appeals, including alternates, shall receive one hundred twenty-five dollars ($125.00) for each meeting they attend.

(Res. No. 2, § 4, 6-25-2009; Res. No. 17, § 4, 8-11-2009; Res. 1-1 §7(C)(1), November 16, 1982; Res. 17, May 5, 1980)

17.76.070 Zoning Board Of Appeals; Jurisdiction And Authority

The zoning board of appeals is invested with the following jurisdiction and authority, as granted by the Statutes of the State and this title:

  1. To hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator under this title;
  2. To hear and submit findings and recommendations to the county board on applications for variations from the terms provided in this title in the manner prescribed by, and subject to, the standards established herein;
  3. To hear or submit findings and recommendations to the county board on a proposed amendment in the manner prescribed herein;
  4. To hear and submit findings and recommendations to the county board on proposed conditional permitted uses in the manner prescribed herein;
  5. To hear and submit findings and recommendations on the extension of a zoning district where the boundary line of a district divides a lot or parcel held in single ownership at the time of passage of the ordinance codified in this title;
  6. To hear and decide all matters referred to it or upon which it is required to pass under this title;
  7. To recommend to the county board that a use variance be granted after it has found that an amendment to the ordinance, based on the required findings of fact, would not serve the public interest and would not be appropriate, and that all the required standards for variations have been met.

(Res. 7-1(part), March 8, 1983; Res. 1-1 §7(C)(3), November 16, 1982)

17.76.080 Zoning Board Of Appeals; Meetings And Rules Of Procedure

  1. Petitions to be heard shall be filed in the office of the zoning administrator at least twenty (20) days prior to the hearing.
  2. All testimony by witnesses at any hearing provided for in this title shall be given under oath. The chairman, or in his absence the vice or acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the zoning board of appeals shall be open to the public, at which time every person has the right to appear in person or by each agent it holds or by attorney. The board shall keep minutes and a recording of hearings and 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. Recordings of the proceedings may be requested from the zoning administrator's office at the requester's expense. In every case, the board shall clearly indicate in its official report the findings of fact leading to its decision or recommendation to the Sangamon County Board. Every rule, every regulation, every variation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the zoning board of appeals and in the office of the county clerk and shall be a public record. The concurring vote of four (4) members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor of the applicant on any matter upon which it is authorized by this title to render a decision. The zoning board of appeals shall make no recommendations except in a specific case and after public hearing.

(Res. 7 §7(part), April 14, 1987; Res. 1-1 §7(C)(2), November 16, 1982)