(a)

Zoning office.

(1)

Creation. The zoning office is hereby created and, under the direction of a zoning administrator, shall have the responsibility of administering and enforcing the provisions of this chapter.

(2)

Remedies. All remedies provided for in this section shall be cumulative and not exclusive.

(b)

Zoning administrator designated.

(1)

The zoning administrator is hereby designated as the administrative and enforcement officer for the provisions of this chapter. For such duties they may be provided with the assistance of such additional persons as they may designate.

a.

Term, appointment, and duties. The zoning administrator shall be appointed by the mayor, subject to confirmation by the city council, for an indefinite term subject to removal. The zoning administrator shall have the following powers and duties:

1.

Advise applicants of the provisions of this chapter; assist them in preparing permit applications and variations, and assure that the floodplain for the proposed development is shown on all permit applications. Examine applications pertaining to the use of land, buildings or structures to determine if the application conforms with the provisions of this chapter.

2.

Promulgate policies and procedures as necessary to administer and enforce this Code.

3.

Issue zoning certificates, certificates of zoning compliance, the necessary zoning use permit and occupancy permits required by the provisions of this chapter, provided its provisions and those other codes and ordinances have been complied with.

4.

Keep records of all official actions such as: All permits and certificates issued, inspections made, work approved, and maintain records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.

5.

Conduct such inspections of buildings, structures and uses of land as are necessary to determine compliance with the terms of this chapter. Investigate, prepare reports, and report violations of this chapter to the appropriate municipal zoning agency and the municipal attorney for prosecution.

6.

In case of any finding of a violation of a provision of this Code, notify in writing, the actual violator where known, owner of the property, and the city administrator, on which the violation has taken place, indicating the nature of the violation and the action necessary to correct it. Following such notice, issue citations for violations of this Code.

7.

Approve change of uses as part of business licenses.

8.

Carry out such additional responsibilities as are hereinafter set forth by the provisions of this chapter.

9.

Shall perform such other duties as from time to time may be prescribed by the mayor, city council, or PZC, or their ad-hoc committees.

10.

Receive, file and forward for action all applications for appeals, variations, special uses and amendments to this chapter which are filed in the zoning office.

11.

Initiate, direct and review, from time to time, a study of the provisions of this chapter, and make reports of his recommendations to the city PZC and the city council at least once a year.

12.

Revoke certificates of zoning compliance where provisions of this chapter are being violated.

13.

Issue certificates of zoning compliance for nonconforming uses existing at the time of the passage of this chapter or any amendment thereto.

(2)

Authority: In the enforcement of said ordinance, the zoning administrator shall have the power and authority for the following:

a.

At any reasonable time and for any proper purpose to enter upon any public or private premises as provided by law and make inspection thereof.

b.

Upon reasonable cause or question as to proper compliance, to revoke as provided by law any zoning use permits or occupancy permit, and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this chapter, such revocation to be in effect until reinstated by the zoning administrator or the PZC; or take any other action as directed by the city council to insure compliance with or to prevent violation of its provisions.

c.

In the name of the city and with authorization of the city council commence any legal proceedings necessary to enforce the provisions of this chapter, including the collection of forfeitures provided for herein.

(c)

Enforcement procedures.

(1)

The zoning administrator, or designee, shall be the official responsible for the enforcement of this chapter. The zoning administrator may serve notice requiring the removal of any structure or use in violation of this chapter on the owner or his authorized agent or other person who commits or participates in any violation. The zoning administrator may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is hereby authorized to institute appropriate actions to that end. The zoning administrator may call upon the chief of police and authorized agents to assist in the enforcement of this chapter.

(2)

Non-emergency matters. In the case of violations of this chapter that do not constitute an emergency or require immediate attention, the zoning administrator shall give notice of the nature of the violation to the property owner or to any applicant for any relevant permit in the manner hereafter stated, after which the persons receiving notice shall have from 0 up to 30 days (Strictly up to zoning administrator) to correct the violation before further enforcement action shall be taken. Notice shall be given in person, by mail unless the document is returned, or by posting notice on the premises. Notices of violation shall state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

(3)

Emergency matters. In the case of violations of this chapter that constitute an emergency as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the city may use the enforcement powers available under this chapter without prior notice, but the director shall attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner and to applicants for any relevant permits.

(4)

Permits, certificates and licenses. All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of this chapter and shall issue no permit, certificate or license which conflicts with the provisions of this chapter. Any permit, certificate or license issued in conflict with the provisions of this chapter shall be void.

(d)

Zoning complaints.

(1)

Zoning complaints about any issue that pertains to this Zoning Code shall follow the following procedures to be valid for follow-up:

(2)

The zoning administrator shall only require follow-up and investigation to complaints from the public when one of the following events occur:

a.

The complaint is received verbally, or in writing, from a city commissioner or mayor.

b.

When two or more written forms about the same complaint are received from separate individuals.

(e)

Appeals.

(1)

Right to appeal.

a.

An appeal may be taken to the PZC by any persons, firm, corporation or office, department, board or bureau affected by a decision of the office of the zoning administrator. Such appeal shall be taken within such times as shall be prescribed by the PZC by general rules adopted by it, and shall be taken by filing with the zoning administrator a notice of appeal, specifying the grounds of such appeal, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the PZC. The zoning administrator shall forthwith transmit to the PZC all the papers constituting the record upon which the action appealed was taken.

(f)

Building permits required.

(1)

Required: No structure six (6) inches or more above the surface of the ground, nor any structure classified as a building, shall be erected, structurally altered, or relocated within the City of South Beloit until a building permit has been issued by the building inspector certifying that such building as proposed, would be in compliance with the provisions of this chapter and with the building code of the city. Does not pertain to structures deemed as not needing a permit by other city codes or policies.

(2)

Procedure: An application for a building permit shall be made in conformity with the requirements of the Building Code of the City of South Beloit.

(g)

Zoning clearance.

(1)

Definitions.

a.

Zoning clearance means any written statement issued by the zoning administrator stating to the best of their ability that existing buildings or structures and the proposed use of such buildings or structures and/or the proposed use of the subject property is in compliance with all of the provision of this chapter and any amendments, variations, special use permits granted, or any PZC, city council or court action related thereto.

b.

Zoning clearance also means a statement (or part of a permit) issued by the zoning administrator stating the existing zoning provisions which apply to a given parcel of property.

(2)

Application and issuance: Application for a zoning clearance shall be made on a form prescribed by the PZC and shall be accompanied by plans and additional information as necessary to demonstrate conformity with this chapter. If a proposed development does not comply with the provisions of this chapter, the zoning clearance shall not be issued; however, the aspects of the proposed development or use which do not comply shall be specified.

(3)

Issuance of building permit: Except as heretofore provided, no building permit or other permit pertaining to the construction of remodeling/buildings or the use of land or buildings shall be issued by an officer, department or employee of the city unless the application for such permit has been examined by the zoning administrator, and he/she has affixed to it a zoning clearance stating that the proposed building or structure and use of the same complies with all provisions of this chapter.

(4)

Applications and issuance of a zoning clearance.

a.

Application for a zoning clearance shall be made on a form prescribed by the zoning administrator and shall be accompanied by a plat and plot plan.

b.

No zoning clearance shall be issued until construction has been completed or the use established but not operationalized and had been inspected and certified by the zoning administrator to be in compliance with all provisions of this chapter. A zoning clearance shall be issued, or written notice shall be given to the application stating the reasons why the zoning administrator will not issue a zoning clearance.

c.

No building or addition thereto, no addition to a previously existing building shall be occupied, and no land vacant shall be used for any purpose until a zoning clearance has been issued by the zoning administrator in cooperation with the building department.

(5)

Issuance of a zoning clearance.

a.

No certificate of occupancy, as required in the building codes, shall be issued by the building officer until a zoning clearance has been issued.

(h)

Official zoning maps established.

(1)

Districts mapped: The City of South Beloit is hereby divided into zoning districts as shown upon a map designated as the Zoning Map of the City of South Beloit and made part of this chapter and all the notations, references and other information shown thereon shall be as much a part of this chapter as if the matters and information set forth by said map were all fully described herein.

(2)

Zoning map changes: The zoning map shall be kept current in accordance with State Statute.

(3)

Determination of zoning district boundaries:

a.

District boundaries shall be determined by measurement from and as shown on the zoning map, and in case of any question as to the interpretation of such boundary lines the PZC shall interpret the map according to the reasonable intent of this chapter.

b.

Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter section, or sixteenth section lines; or the center lines of streets, highways, railways or alleys.

(4)

Additional maps adopted.

a.

The following maps are hereby adopted and made part of this chapter and are on file in the office of the zoning administrator:

b.

Floodplain zoning maps as per Chapter 42 of the City of South Beloit Municipal Code as amended from time to time.

(5)

Identification of official ordinance and map.

a.

The text of the zoning regulations and the corresponding zoning map shall be kept on file in the offices of the city and any other copies thereof shall be purely informational and shall not have the status of law.

(i)

Enforcement and penalties.

(1)

Enforcing officer: The zoning administrator or their designee shall be the enforcing officer of this Code.

(2)

Penalties.

a.

Any person, firm, corporation or organization violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punishable by a fine of not less than $250.00 or more than $750.00 and shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable as provided in this section.

b.

The owner or tenant of any building, structure, premises, or part thereof and an architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and subject to the penalties of this subsection.

c.

The city may also take other lawful action as is necessary to prevent or remedy any violation.

(3)

Declared nuisances: Any building erected, structurally altered, or placed on a lot, or any use carried on in violation of the provisions of this chapter is hereby declared to be a nuisance per se, and the city may apply to any court of competent jurisdiction to retain or abate such nuisance. Nuisances are further regulated by Chapter 34 of the South Beloit Municipal Code

(j)

Fees: For the purpose of defraying the cost of inspection and administrative processing, the city may charge fees as established from time to time by resolution of the city council.

(k)

Severability: The several sections, subsections, and paragraphs of this chapter are hereby declared to be severable. If any section, subsection, paragraph, or subparagraph of this chapter shall be declared by a decision of a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of this chapter, or of the section of which the invalid portion or paragraph may be a part.

(Ord. of 5-6-2024)