This Title shall be administered and enforced by the Zoning Officer who shall be appointed by the Mayor and the City Council's concurrence.

In addition to the powers stated in the Taylorville City Code, the Zoning Board of Appeals has jurisdiction and power to approve building permits for the location of detached accessory enclosed storage buildings or open carports in accordance with subsection 9-1-1J5 of the Taylorville City Code. (Ord. 1793, 2-7-1977; amd. Ord. 3833, 2-20-2018; Ord. 4288, 12-16-2024)

   A.   Building Permit:

      1.   Permit Required: It shall be unlawful to commence the excavation for or the construction, repair, alteration, or remodeling of any building, including accessory buildings where the total cost of such construction, repair, alteration, or remodeling work exceeds one thousand five hundred dollars ($1,500.00) until the Zoning Enforcing Officer has issued a building permit for such work. For purposes of this Chapter, "repair" shall mean and include the fixing or restoration of any damaged exterior portion of any building or structure; and "alter" or "alteration" or "remodel" or "remodeling" shall include and mean the renovation or improvement or changing the form or surface of any damaged exterior portion of any building or structure.

      2.   Application For Permit; Plan: In applying to the Zoning Enforcing Officer for a permit, the applicant shall submit a dimensioned sketch or scale plan indicating the shape, size, height and location of all buildings to be erected, constructed, moved, repaired, altered, or remodeled on the lot. The applicant shall also state the existing and intended use of all such buildings and supply such other information as may be required by the Zoning Enforcing Officer for determining whether the provisions of this Title are being observed.

      3.   Approval Or Refusal Of Permit: If the proposed excavation, construction, repair, alteration, or remodeling work as set forth in the application is in conformity with the provisions of this Title and all other City Code provisions and ordinances, the Zoning Enforcing Officer shall issue a building permit for such excavation, construction, repair, alteration, or remodeling work. If a building permit is refused, the Zoning Enforcing Officer shall state such a refusal, in writing, with the cause, and shall immediately forward such notice of refusal to the applicant. The Zoning Enforcing Officer shall grant or deny the permit within ten (10) days from the date the application is submitted. (Ord. 3797, 3-6-2017)

   B.   Demolition Permit: A building permit shall become void thirty (30) days after issuance unless substantial progress has been made by that date on the project described therein. (Ord. 3045, 9-17-2001)

      1.   Permit Required: A demolition permit shall be required for the demolition of any permanent structure. The demolition permit shall become void thirty (30) days after issuance. However, one (1) 30-day extension of the permit may be granted by the Zoning Officer in the event good cause is shown for the extension or substantial progress has been made on the permit, providing the applicant pays a seventy five dollar ($75.00) fee for the request for the extension, which extension may or may not then be granted in writing by the Zoning Officer. The form of the permit for demolition is attached to ordinance 2472, marked exhibit A, on file in the Office of the City Clerk, and made a part of this subsection by reference. (Ord. 3209, 12-6-2004)

No land or building or part thereof hereafter erected, constructed, repaired, altered, or remodeled or altered in its use or structure shall be used until the Zoning Enforcing Officer shall have issued a certificate of occupancy indicating that such land, building or part thereof and the proposed use thereof are found to be in conformity with the provisions of this Title.

Within seven (7) business days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Health and Building Officer to make a final inspection thereof and to issue a certificate of occupancy if the land, building or premises or part thereof and the proposed use thereof are found to conform with the provisions of this Title, or if such certificate is refused, to state refusal, in writing, with the cause, and immediately forward such notice of refusal to the applicant. (Ord. 3797, 3-6-2017)

An appeal to the Board of Appeals 1 may be taken by any person aggrieved by any order, requirement, decision or determination by any governmental officer, department, board or bureau based in whole or in part upon the provisions of this Title.

Such appeal shall be filed with the City Clerk with payment of proper fee within twenty (20) days of the action appealed from. Upon appeal, the Zoning Enforcing Officer shall immediately transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Enforcing Officer certifies to the Board that a stay would, in his opinion, cause imminent peril to life or property. The Board shall fix a reasonable time for hearing of the appeal, a notice of which shall be published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in a newspaper of general circulation within the community.

The concurring vote of four (4) members of the Board of Appeals is necessary to reverse any order, requirement, decision of an administrative official or to decide in favor of the applicant. (Ord. 1793, 2-7-1977)

Before any variation is granted, the Board of Appeals 1 must make a finding of facts that all of the following conditions are shown to be present:

   A.   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;

   B.   The plight of the owner is due to unique circumstances; and

   C.   A variation, if granted, will not alter the essential character of the locality.

In granting a variation the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this Title. Violation of any of these conditions or safeguards shall be deemed to be a violation of this Title.

Nothing herein contained shall be construed to give or grant the Board the power or authority to permit a use not generally permitted in the district involved.

All final administrative decisions of the Board of Appeals shall be subject to judicial review pursuant to the "Administrative Review Act", approved May 8, 1945, and all amendments and modifications thereof and the rules adopted pursuant thereto 2 . (Ord. 1793, 2-7-1977)

   A.   Authority: The Mayor and City Council may amend, supplement, change, modify or repeal the regulations, restrictions and boundaries as provided for in this Title.

   B.   Procedure: A public hearing shall be held by the Mayor and City Council before adoption of any proposed amendment, supplement or change, public notice of which shall have been placed in a newspaper of general circulation within the community not more than thirty (30) nor less than fifteen (15) days before the hearing.

In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered or by the owners of twenty percent (20%) of the frontage immediately joining or across an alley therefrom or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, such protest being filed with the City Clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all the members of the City Council.

   C.   Approval: No amendment shall become effective unless it is first submitted to and approved by the Plan Commission or, if disapproved, shall receive a two-thirds (2/3) majority vote of the entire City Council. (Ord. 1793, 2-7-1977)

   A.   Building Permit: To partially defray the expense of administering this Title, a fee shall be collected by the Zoning Enforcing Officer in accordance with the following schedule:

      1.   Residential Uses: Building permit fees for residential uses shall be as follows:

         a.   All living space will be twenty five dollars ($25.00) per one hundred (100) square feet.

         b.   Construction of a basement will be five dollars ($5.00) per one hundred (100) square feet.

         c.   Attached porches and garage (a nonliving area), ten dollars ($10.00) per hundred square feet.

         d.   Detached garages, carports, storage buildings, and accessory buildings (all nonliving areas), ten dollars ($10.00) per hundred square feet.

         e.   Addition to a house (living space), twenty five dollars ($25.00) per hundred square feet.

         f.   There shall be no fee imposed for any building permit that is issued solely for the "repair", "alteration", or "remodeling" (each as defined in Section 9-1-1 of this Code) of any building or structure on property.

      2.   Commercial And/Or Industrial Uses: Building permit fees for commercial and/or industrial uses shall be fifteen cents ($0.15) per square foot of building and/or structure area up to five thousand (5,000) square feet; and ten cents ($0.10) per square foot of building and/or structure area in excess of five thousand (5,000) square feet.

   B.   Special Uses: In order to partially defray the expenses of a special uses public hearing, each person petitioning for a special uses permit shall deposit with the City Clerk the sum of two hundred seventy five dollars ($275.00). No part of such amount shall be refunded for failure of said uses to be granted.

   C.   Variance Appeals: In order to partially defray the expenses of public hearings involving variations, the applicant shall pay the sum of one hundred fifty dollars ($150.00) to the City Clerk at the time of filing of the appeal for the variance.

   D.   Amendments: In order to partially defray the expenses of a zoning change public hearing, each person petitioning for a zoning change shall deposit with the City Clerk the sum of two hundred seventy five dollars ($275.00). No part of such amount shall be refunded for failure of said amendment to be enacted into law.

   E.   Appeals To Board Of Appeals: In order to partially defray the expenses of an appeal to the Board of Appeals under Section 10-9-4 of this Chapter, the appellant shall pay a fee in the sum of one hundred seventy five dollars ($175.00) to the City Clerk, at the time of filing of the appeal, which appeal must be filed within twenty (20) days of the action appealed from. Such fee shall be refunded to the appellant if, and only if, the Board of Appeals, by a concurring vote of four (4) members thereof, reverses any order, requirement, and decision of an administrative official, or decides in favor of the appellant, or if a court of competent jurisdiction reverses any order, requirement, or decision of the Board of Appeals, or decides in favor of the appellant. The Board of Appeals shall not entertain any such appeal until and unless such fee is paid in the manner and at the time set forth herein.

   F.   Public Hearing Costs: Prior to any approval of any amendment to reclassify the Zoning District classification of any territory, the applicant shall pay the City Clerk the actual amount charged by any court reporter hired by the City to attend, record, and/or transcribe the proceedings conducted during any public hearing incident to such zoning district reclassification request.

   G.   Soil And Water Conservation District Costs: Prior to any approval of any application or petition seeking any variation, amendment, or other relief under this Title regarding any territory located in the Christian County Soil and Water Conservation District, the applicant shall pay the City Clerk the actual amount charged by the Christian County Soil and Water Conservation District to the City to review and/or report to the City regarding any such application or petition and any and all instruments or documents incident thereto.

   H.   Demolition Of Blighted Property: "Blighted property" is hereby defined to mean any improvement on residentially zoned property which is, in the opinion of the City Council of the City of Taylorville, in violation of this Code, any other City of Taylorville ordinances, or the Property Maintenance Code adopted by the City of Taylorville.

If a party demolishes a blighted improvement, the City of Taylorville shall waive the fee for the demolition permit pursuant to subsection 10-9-2B of this Chapter.

If a party who has demolished a blighted property as set forth herein seeks to build an improvement where the blighted property was formerly located within twelve (12) months of the completed demolition, the City of Taylorville shall waive the building permit fee as set forth in subsection A of this section, as long as the improvement to be constructed complies with any and all requirements of this Code and City ordinances.

The waivers set forth herein for demolition and building permits shall not apply to partial demolition of blighted property and the subsequent remodeling of that blighted property in residentially zoned property. (Ord. 3209, 12-6-2004; amd. Ord. 3304, 9-5-2006; Ord. 3797, 3-6-2017; Ord. 4021, 3-1-2021)

In case any building or structure is erected, constructed, reconstructed, repaired, altered, remodeled, converted, or maintained or any building, structure or land is used in violation of this Title, the proper authorities of the City Council, in addition and not in lieu of other remedies, may institute any appropriate action(s) or proceedings to prevent the occupancy of such building, structure or land. In such event the violator shall be liable for and shall pay the City's reasonable attorney fees and costs of such action(s) or proceeding(s).

In addition thereto, and not in lieu thereof, any person violating any provision of this Title shall, for each offense, be punished as provided in Section 1-4-1 of this Code. (Ord. 3797, 3-6-2017)