A.   The zoning enforcement officer designated by the village council shall administer and enforce this title. He may be provided with the assistance of such other persons as the village council may direct.

   B.   If the zoning enforcement officer shall find that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions. The property owner shall eliminate the violation within ten (10) days of the notification.

   C.   Construction or demolition requires a building permit in accordance with Seneca building codes 1 . (Ord. 10-09, 8-17-2010)

   A.   Conformance: No permit pertaining to the use of land or buildings shall be issued until the zoning officer certifies in such permit that the application, with accompanying plans and specifications, conforms to:

      1.   All regulations of the zoning ordinance, as may be modified by exceptions granted by the village council, and as set forth in a development ordinance adopted for the property.

      2.   Conditions of approval which may have been required by the village council, also set forth in an adopted development ordinance.

   B.   Application Filed: When a permit is not required by Seneca's building code for an improvement or use, but the use or improvement requires conformance with the regulations of the zoning ordinance, an application for a zoning certificate shall be filed with the zoning officer.

   C.   Requirements: All applications for zoning certificates shall be accompanied by:

      1.   Two (2) copies of the current plat of the parcel of land, lot, lots, block or blocks, or parts or portions thereof which constitute the proposed zoning lot, drawn to scale showing the actual dimensions and monuments, as certified by a registered Illinois land surveyor, as a true copy of the piece, or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land.

      2.   Two (2) copies of additional drawings, drawn to scale in such form as may be prescribed by the zoning officer, showing the:

         a.   Proposed zoning lot.

         b.   Building footprint.

         c.   Height of the building or structure.

         d.   Building lines, in relation to lot lines.

         e.   Proposed use for building, structure or land.

         f.   Other information required to determine compliance with the zoning ordinance including signage provisions.

   D.   Requirements Waived: The zoning officer may waive all or any portion of the requirements in subsections C1 and C2 of this section, where it is determined that the information is not necessary because of existing evidence in village records.

   E.   Application Issued: An application for a zoning certificate shall be issued only when the application shows conformance with the regulations of this title, as may be modified by approvals or conditions granted by the village council, and included in a development ordinance.

   F.   Revocation: Any permit or certificate issued under the provisions of this title may be revoked whenever there has been any false statement, misrepresentation or omission of a material fact in the application, plat, plans, drawings or other information on which the permit or approval was based.

   G.   Permit Issued: Permits pertaining to the use of land or structures shall not be issued by any official, officer, employee, department, board or bureau of the village of Seneca. Any application for a building permit shall be deemed to be an application for a zoning certificate. Any zoning certificate issued in conflict with the provisions of this title shall be null and void.

   H.   Period Of Validity: A zoning certificate shall become null and void six (6) months after the date on which it is issued unless, within such six (6) month period, construction, moving, remodeling or reconstruction of a structure is commenced or a use is commenced.

   I.   Escrow Deposits: Whenever an application for a zoning or occupancy certificate for a new or altered structure or use in an industrial district indicates, in the opinion of the zoning officer, that the operations or activities to be conducted may violate the restrictions of chapter 10 of this title, the zoning officer shall, as a condition precedent to issuing a zoning or occupancy certificate, require the deposit in escrow of not more than five hundred dollars ($500.00) to be held by the zoning officer for a period of one year after the date that such new or altered use is commenced. If during such one year period the zoning officer believes there is a reasonable probability that the regulations of chapter 10 of this title are being violated, he may employ a qualified technician or technicians to perform investigations, measurements, and analyses to determine whether or not the regulations of chapter 10 of this title are in fact, being violated and may pay his or their reasonable fees out of the aforementioned escrow deposit, regardless of the outcome of the investigation. If the reasonable fees of such technician or technicians exceed the amount of any available escrow deposit, and if a violation of chapter 10 of this title is discovered, the fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in chapter 10 of this title. Escrow deposits or remainders of escrow deposits shall be returned to the depositors at the expiration of the escrow period. (Ord. 10-09, 8-17-2010)

   A.   Authority: The village council shall decide variations from the provisions of this title that are in harmony with its general purpose and intent, and shall vary them only in the specific instances where the zoning board of appeals (ZBA) has made a finding of fact based on the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of any regulation of this zoning ordinance.

   B.   Initiation: An application for a variation may be made by any individual, office, department, board, bureau or commission requesting or intending to request application for a building permit, zoning certificate, or occupancy certificate.

   C.   Processing: An application for a variation shall be filed with the zoning official, who shall forward such application to the zoning board of appeals for processing in accordance with applicable statutes of the state of Illinois and provisions of this zoning ordinance. The application shall be accompanied by:

      1.   The name, address and phone number of the applicant.

      2.   The legal description, common address and permanent index number of the property to be benefited by the variation.

      3.   Identification of the provisions of this zoning ordinance, from which the variation is sought.

      4.   A plat of survey and a description of the proposed use and/or variation, including a dimensioned site plan, unless specifically waived by the zoning official. The zoning board of appeals may, however, overrule such waiver and require the submission of a dimensioned site plan before making their findings and recommendations.

      5.   A brief summary of the factual evidence upon which the applicant will rely to show that the standards for variation will be met.

   D.   Hearing:

      1.   The zoning official shall transmit the application to the zoning board of appeals, who shall hold a public hearing at such time and place as shall be established by the ZBA, after due notice is provided.

      2.   The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the ZBA shall prescribe.

      3.   Notice requirements for public hearings on variations are set forth in section 10-7-3 of this title.

   E.   Standards:

      1.   The ZBA shall not recommend, and the village council shall not vary, the provisions of this zoning code, unless it shall find that the:

         a.   Property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district.

         b.   The plight of the owner is due to unique circumstances.

         c.   The variation, if granted, will not alter the essential character of the locality.

      2.   For the purpose of supplementing the above standards, the ZBA, in making a recommendation that there are practical difficulties or particular hardships, shall also take into consideration the extent to which the evidence establishes, or fails to establish, the following:

         a.   That the particular physical surroundings, shape or topographical condition of the specific property involved would bring particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out.

         b.   That the conditions upon which the petition for variation is based would not be generally applicable to other property within the same zoning district.

         c.   That the purpose of the variation is not based exclusively upon a desire to make more money out of the property.

         d.   That the alleged difficulty or particular hardship has not been created by any person presently having an interest in the property, or by the applicant.

         e.   That the granting of the variation will not be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located.

         f.   That the proposed variation will not:

            (1)   Impair an adequate supply of light and air to adjacent properties.

            (2)   Substantially increase the hazard from fire or other dangers to said property or adjacent properties.

            (3)   Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of the village.

            (4)   Diminish or impair property values within the neighborhood.

            (5)   Unduly increase traffic congestion in the public streets and highways.

            (6)   Create a nuisance.

            (7)   Result in an increase in public expenditures.

         g.   That the variation is the minimum variation necessary to make possible the reasonable use of the land, building or structure.

   F.   Decisions:

      1.   Within forty five (45) days after the close of the hearing on a proposed variation, the ZBA shall prepare a written statement of findings of fact and recommendations, and shall submit this statement to the village council. The findings of fact shall specify the reason or reasons for recommending approval, approval with conditions, or denial of the proposed variation.

      2.   The ZBA is not required to recommend for approval the full variation requested. The ZBA may recommend, and the village council may approve, a variation of less extent than that contained in the request.

      3.   The zoning board of appeals may recommend, and the village council may require, such conditions and restrictions upon the premises benefited by a variation as may be necessary in their opinion to comply with the standards set forth in this section, to reduce or minimize injurious effect of such variation upon other property in the neighborhood and/or to implement the general purpose and intent of this zoning ordinance.

      4.   A concurring vote of a majority of those members present at the meeting, with a minimum of four (4) concurring votes, shall be required to recommend granting or denying an application for variation.

      5.   The decision of the village council shall be final, and subject to judicial review only in accordance with applicable state statutes.

      6.   No variation shall be granted, except by ordinance duly passed and approved by the mayor and village council, after public hearing and written findings of fact and recommendation from the zoning board of appeals. The terms of relief granted shall be specifically set forth in the ordinance. (Ord. 10-09, 8-17-2010)

   A.   Generally:

      1.   The village council shall establish a schedule of fees for certificates of zoning compliance, appeals, and other matters pertaining to this title. This schedule of fees shall be posted in the office of the village clerk, and may be altered or amended only by the village council.

      2.   No permit, certificate, special use permit or variation shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the plan commission, board of appeals or the village council unless or until preliminary charges and fees have been paid in full.

   B.   Fee Schedule:

 

   C.   New construction commercial buildings or additions to commercial building additional to thirty thousand (30,000) square feet will be set by the council, and will depend on the nature and extent of the project.

   D.   Square footage is measured from the outside walls of building structures.

   E.   Fees for all classifications shall be determined by the council.

   F.   Exceptions:

      1.   A person with a disability or the disabled person’s caregiver shall not be charged any building permit fee for improvements to the residence of a person with a disability if the improvements are required to accommodate a disability. Nothing in this subsection changes the obligation of any person to submit to the village applications, forms, or other paperwork to obtain a building permit. A person with a disability or the disabled person’s caregiver must provide proof of the disability status and attest to the fact that the improvements to the residence are required to accommodate the disability. (Ord. 10-09, 8-17-2010; amd. Ord. 21-37, 12-7-2021; Ord. 22-01, 1-4-2022; Ord. 25-09, 3-3-2025)

Any person, persons, firm or corporation or anyone acting in their behalf, who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be guilty of an offense punishable by a fine not less than twenty five dollars ($25.00), nor more than one thousand dollars ($1,000.00) for each offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this zoning code. A separate offense shall be deemed committed for each day a violation is permitted to exist after notification thereof.

   A.   Construction penalty: If construction is started before a permit is issued, double fees may be charged.

   B.   Trailer coach park (section 9-4-5 of this code): Minimum of one hundred dollars ($100.00) and maximum of five hundred dollars ($500.00) per violation.

   C.   PUD (section 10-4-5 of this title): Minimum of one hundred dollars ($100.00) and maximum of five hundred dollars ($500.00) per violation.

   D.   Floodplain (chapter 9 of this title): Any person who violates chapter 9 of this title shall upon conviction thereof be fined the amount provided in section 10-9-13 of this title for each offense.

   E.   Dust control, soil erosion, and sediment control (section 10-10-5 of this title): Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) for each offense.

   F.   Subdivision (section 11-1-4 of this code): Offer for sale, sell or lease for any time exceeding five (5) years, any lot or block in any subdivision before complying with all requirements of this title and state statutes shall be subject to a minimum of fifty dollars ($50.00) and a maximum of one thousand dollars ($1,000.00) penalty per violation. (Ord. 10-09, 8-17-2010)