(1)   Issue all building permits and certificates of occupancy and make and maintain records thereof.

      (2)   Conduct observations of buildings, structures, and uses of land to determine compliance with the terms of this chapter.

      (3)   Issue all special permits, when authorized by the Village Board of Trustees according to this chapter, and keep permanent and accurate records thereof.

      (4)   Issue all sign permits where authorized by this chapter, and keep permanent and accurate records thereof.

      (1)   Be authorized to make written interpretations of this chapter, records of which shall be maintained as village records.

      (2)   Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, variations, appeals, and applications therefor.

      (3)   Receive, file, and forward to the Planning and Zoning Board, applications for uses and petitions for amendments and other matters on which the Planning and Zoning Board is authorized to decide under this chapter, including those applications and petitions which may be filed initially in the office of the Village Building Official.

      (4)   Receive and transmit to the Planning and Zoning Board copies of all applications for provisional and special uses, appeals, variations, and other matters on which the Planning and Zoning Board is authorized to decide under this chapter.

      (5)   Carry out such other responsibilities as may be specifically delegated to the Zoning Administrator by this chapter, or by the Village Board of Trustees.

(Ord. 2020-O-3, passed 2-18-2020)

      (1)   (a)   A building permit shall be obtained by the owner of any property from the Village Building Official before starting:

            1.   To construct or erect a new principal structure or accessory structure or part thereof;

            2.   To extend, enlarge, move, alter structurally, reconstruct a principal or accessory structure or part thereof.

         (b)   Such application shall include the estimated time of completion of the work for which the building permit is requested.

      (2)   (a)   The Village Building Official shall review each application for a permit made prior to the issuance of the building permit. No such construction shall begin until a Permit to Build has been issued by the village. The application shall also be accompanied by a building permit fee, as established from time to time by the Village Board of Trustees. Each application shall be accompanied by a site plan drawn to scale (three copies) and supporting documents, with the following information:

            1.   The full name and address of the applicant and the owner of the property and, if the owner is a corporate body, of its responsible officer.

            2.   The lot occupied or to be occupied by the building or structure, the actual dimensions of the lot and a legal description of the lot.

            3.   The size and location of the building or structure to be erected, converted, enlarged, or structurally altered.

            4.   A statement of purpose for which the building or structure will be used.

            5.   The distance from the building or structure to each lot line.

            6.   The location of each parking space, loading space, and access drive required under the provisions of this chapter, including the dimensions of aisles and stalls.

            7.   A landscaping plan for the development.

            8.   Calculation of open space ratio and the floor area ratio.

            9.   Building height.

            10.   Location of trash disposal areas and screening of such areas.

            11.   Lighting information for parking areas.

            12.   The location of any water courses crossing or adjacent to the property, as well as the elevation and location of the top of the bank of such feature.

            13.   The location of adjoining streets, adjacent zoning classifications, and land uses.

      (b)   The information required for zoning review reflects the information needed by the Village Building Official to determine if the proposal meets the requirement of this chapter. The requirement that a site plan is drawn to scale is not intended to require that a licensed professional must draw the site plan. Its purpose is to provide the Village Building Official with accurate information to review the plan. Information required for parking, landscaping, access drives, lighting, and other elements may be combined on a single site plan, or may be submitted as several separate drawings.

      (3)   No person shall be issued a building permit unless the development of land is in compliance with the village's subdivision regulations.

      (4)   The Village Building Official shall not issue a building permit for construction within a new subdivision until the subdivider furnishes, as a condition of acceptance of the public improvements, a maintenance bond, per the requirements of § 153.095. Also refer to the requirements stated in division (A)(2) above.

      (5)   The Village Building Official shall not issue a building permit for construction within a minor subdivision until all documentation required by § 153.038 has been approved and all utility connections, stormwater facilities, and/or all other public improvements have been completed. Also refer to the requirements stated in division (A)(2) above.

      (6)   D. The Village Building Official shall not issue a building permit for construction within a re-platted area, per § 153.035, until all the re-platting formalities stated in the subdivision ordinance have been met and any conditions set by the Planning and Zoning Board, the Planning and Zoning Board, and the Village Board of Trustees have also been met. Also refer to the requirements stated in division (A)(2) above.

      (7)   The Village Building Official shall issue building permits for a planned unit development per the requirements of § 154.172(B).

      (8)   The Village Building Official shall not issue a building permit for general renovation, new construction, or re-construction on existing lots until the application forms for the proposed work have been reviewed and meet the rules and regulations of this chapter. Also refer to the requirements stated in division (A)(2) above.

      (9)   The Village Building Official, prior to the issuance of any building permit, may require any applicant to provide the location of a site or lot corner(s), set by a professional land surveyor, when reviewing a building permit application.

      (10)   All new buildings shall conform to the bulk regulations established herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict, or further conflict with the bulk regulations of this chapter for the district in which such building shall be located.

      (11)   It shall be unlawful to reduce or diminish the area of a lot or plat for which a plat plan has been filed and has been used as the basis for a permit, unless a revised plat plan showing the proposed changes in conditions shall have been filed and approved.

      (12)   Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within three months of the effective date of this chapter and diligently prosecuted to completion, said building or structure may becompleted in accordance with the approved drawings on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated; subject thereafter, if applicable, to the provisions herein for nonconforming buildings, structures, and uses.

      (13)   Where the Village Building Official has issued a building permit for a permitted, provisional, or special use, such permit shall become null and void unless work thereon is under way within six months of the date of issuance of such permit.

      (14)   All building permits shall expire in one year from the date of issuance. All work not completed within said period shall require the issuance of a new permit, at the then prevailing rate.

      (15)   Normal repairs not involving structural alterations may be made without a permit.

      (1)   A certificate of occupancy shall be applied for coincident with the application for a building permit. Upon completion of any construction, reconstruction, structural alteration, enlargement, expansion or other work on a building or structure for which a building permit was issued, the Village Building Official shall consider the previously submitted application for a certificate of occupancy.

      (2)   No such building or structure shall be occupied, and no change shall be made in the use of the land, structure or building, until a certificate of occupancy authorizing such occupancy or use has been issued by the Village Building Official.

      (3)   The Village Building Official shall not issue a certificate of occupancy unless the building or structure, as built, enlarged, extended, structura1ly altered, reconstructed or moved, complies with all drawings and specifications included in the application for the building permit. Any variance which may have been granted for the building or structure shall be noted on the application, and on the certificate, if issued.

      (4)   The Village Building Official shall not issue a certificate of occupancy for any building or structure within a new subdivision until all the construction requirements which follow are completed:

         (a)   The building construction has been completed, including all ancillary structures such as the sidewalks (that are part of the subdivision proper), driveways, and the like.

         (b)   The water, wastewater, natural gas and electric utilities are connected to and functional for the building.

         (c)   The final site grading has been completed and verified against the elevations shown on the construction drawings, by the Village Building Official, with assistance from the Village Engineer.

         (d)   In accordance with § 153.096(B), the village has accepted the dedication of all the required public improvements for the subdivision.

      (5)   No land shall be occupied or used, and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy has been issued by the Village Building Official stating that the building complies with all the building and health laws and ordinances, and with the provisions of this chapter and amendments thereto.

      (6)   Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary for safety of life and property.

      (7)   If the application for a certificate of occupancy involves a change of use, the Village Building Official shall not issue the certificate of occupancy unless the proposed use or uses is conforming in the district in which it is proposed to be located. If a provisional use or special use permit was granted to authorize the proposed use, it shall be so noted on the application, and on the certificate of occupancy, if issued.

      (8)   The certificate of occupancy issued by the Village Building Official shall state upon its face the precise purpose or purposes for which the building, structure or land shall be used.

      (9)   Any transfer of ownership of the building, structure or land which does not involve a change of use shall automatically effect a transfer of the certificate of occupancy to the new owner.

      (1)   (a)   Applications for electrical, plumbing, heating, ventilating, air conditioning, refrigeration, gas piping, sprinkler and stormwater permits, and any other similar permits (which may be required now or required in the future) authorizing a change in a building or property shall contain a statement indicating the existing and proposed use for which the building, structure, or improvement to the land will be used. The Village Building Official and the Zoning Administrator shall review each application which indicates a change of use, even if the proposed permit does not indicate a change in the exterior elements of the property. The permit shall be issued subject to zoning approval. No such permit issued which purports to authorize a use, structure, or improvement to the land not in compliance with the requirements of this chapter shall be valid.

         (b)   This division (C) adds the requirement that if any other type of permit will result in a change of use, that such permit will also require zoning review. This is intended to prevent illegal conversions in single-family areas, as well as catch new uses in commercial areas that may not meet parking or other performance standards.

      (2)   Proposed provisional uses and special uses shall meet the requirements of §§ 154.050 through 154.052.

      (3)   Proposed residential planned unit developments shall meet the requirements of §§ 154.170 through 154.176.

      (1)   The drawings submitted for zoning approval shall be reviewed by the Zoning Administrator to determine the following:

         (a)   That, as best can be determined, complete and accurate information as required in this subchapter is provided with the permit application.

         (b)   That the proposed structure, or land improvement is either entirely occupied by a conforming use or; that if the structure is occupied wholly or partly by a nonconforming use, that such is allowed under and complies with the regulations of §§ 154.230 through 154.234.

         (c)   That the proposed structure, or land improvement complies with the applicable height, area, floor area ratio, open space ratio, yard, landscaping, and parking regulations as required by this chapter.

         (d)   That the structure, or land improvement comply with specific standards or conditions required through a provisional or special use approval as authorized by this chapter.

         (e)   That the proposed structure, or land improvement complies with any and all other applicable standards as required by this chapter.

      (2)   Upon a determination that all of these requirements are met or not met, the Zoning Administrator shall approve or disapprove the permit and note this on the application. The Zoning Administrator shall indicate those uses that are nonconforming. Such approval shall reference action by the Planning and Zoning Board or the Village Board of Trustees which may have imposed specific conditions as authorized by this chapter. No permit which requires review under the provisions of this chapter shall be issued unless it has received such approval.

         (a)   Zoning approval issued under the provisions of this chapter, and any permit issued pursuant to such approval, shall be revoked in case of any false statement, misrepresentation of fact, or error in the application or on the drawings based on which the permit was issued.

         (b)   The intent is that the village will rescind any and all permits or zoning approvals that were obtained in an illegal manner.

(Ord. 2020-O-3, passed 2-18-2020)

      (1)   The use, arrangement, or construction of a building, structure, or improvement to land does not conform with that authorized by approved drawings.

      (2)   (a)   The improvement is constructed or a use is operating without obtaining the appropriate permits or zoning approval.

         (b)   The use of a structure or land which is nonconforming and does not meet the requirements of §§ 154.230 through 154.234.

      (3)   The use of the structure or land which is a conforming use, but does not meet the applicable district performance standards or other requirements of this chapter, unless otherwise provided for in §§ 154.230 through 154.234.

      (4)   The use of the structure or land does not comply with conditions or standards enumerated in a provisional, or special use approval.

      (5)   The sale, conveyance, or use of any portion of a lot which reduces the following:

         (a)   The lot area below the minimum area requirements of this chapter.

         (b)   The lot area to the extent that the floor area ratio is greater than the maximum permitted by this chapter.

         (c)   The usable open space areas below the open space ratio and usable open space requirements of this chapter.

         (d)   The depth or width of a yard to less than the minimum depth or width required by this chapter.

         (e)   The number and size of parking spaces on the lot is below the minimum number of such spaces required by this chapter.

      (1)   Persons are presumed to be fully aware of the provisions and regulations of this chapter and ignorance of such does not exempt such persons from the enforcement action provided for in this chapter.

      (2)   A violation shall be presumed to have existed from the earliest date that can be legally established through the following means:

         (a)   The date of issuance of a notice of violation by the Village Building Official or the Zoning Administrator.

         (b)   The date of a license, permit, registration, inspection report, or other documentation from any governmental agency in relation to the offense or that permits a use that would not otherwise be permitted in this chapter.

         (c)   The date of any advertisement, correspondence, or other documentation generated by the establishment announcing or describing the nonconforming operation of that establishment.

         (d)   The date of collection or reporting of taxes, fees, or other payments to any agency in relation to the offense.

         (e)   Any other documentation that can establish the existence of the nonconforming operation.

      (3)   A separate offense shall be deemed committed on each day during which a violation of this chapter occurs or continues after it has been established that the violation existed in accordance with this subchapter, unless the person charged establishes that the violation did not occur on a subsequent date or dates.

      (4)   Enforcement action on a violation may be initiated against the owner, whether legal, equitable, or in the case of an Illinois land trust, a beneficial interest, a tenant, occupant, or other person with ownership interest in or control of the property.

      (1)   Be in writing.

      (2)   (a)   Include the date the violation is established and the date the notice is served.

         (b)   Include a description of the real estate sufficient for identification.

      (3)   Include a statement of the reason or reasons why the notice is being issued, including the subchapter of this chapter that is being violated.

      (4)   Include a correction order allowing a reasonable time for the action, not to exceed 60 days as determined by the Zoning Administrator, as is necessary to bring the property into compliance with the provisions of this chapter or otherwise cease the violation. Additional time for compliance may be allowed with the approval of the Planning and Zoning Board or the Village Board of Trustees.

      (5)   Include an explanation of the owner(s) or person(s) charged with the violation the right to appeal the notice to the Planning and Zoning.

      (1)   A copy thereof is personally delivered to the owner(s) or person(s) charged; or

      (2)   The notice is left at the usual place of abode, in the presence of a resident of suitable age and discretion who shall be informed of the contents thereof; or

      (3)   The notice is sent by registered mail addressed to the owner(s) or person(s) charged at their last known address; or

      (4)   If the letter is returned showing that it has not been delivered, by:

         (a)   Posting a copy thereof in a conspicuous place in or about the structure affected by such notice; and

         (b)   At least one publication of such notice in a local newspaper of general circulation.

(Ord. 2020-O-3, passed 2-18-2020)

      (1)   This chapter shall be enforced by the Zoning Administrator. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be fined in an amount not exceeding $500. Each day such violation is committed or permitted to continue shall constitute a separate offense.

      (2)   The owners of the land upon which a violation of this chapter has occurred or is occurring shall be prima facie responsible for such violations of this chapter which occur on property owned by such persons; provided, however, the foregoing shall not be construed to relieve the occupants, or any of them, of the land upon which the zoning violation has occurred or is occurring of the responsibility for such violation under this chapter.

      (3)   When a person receives a notice of a violation and does not comply with the order to correct the violation within the specified time, the Zoning Administrator may elect to proceed under anyone, or combination of, the enforcement measures described within this chapter or otherwise authorized by law to seek correction of the violation or punishment for the offense or both. Nothing in this subchapter shall prevent private action pursuant to provisions in the Illinois Compiled Statutes.

      (4)   When necessary, the Village Building Official or the Zoning Administrator, after investigation and recommendation, may inform the Village Attorney, who, after review, may institute anyappropriate action or proceeding in law or equity to restrain, correct, or abate such violation, or to recover an appropriate fine for violation of this chapter.

      (1)   In addition to other remedies, the Village Attorney may institute any appropriate action or proceeding which:

         (a)   Prevents the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use of a structure;

         (b)   Prevents the occupancy of the building, structure, or land;

         (c)   Prevents any illegal act, conduct, business, or use in or about the premises;

         (d)   Restrains, corrects, or abates the violation.

      (2)   In any action or proceeding for a purpose mentioned in this subchapter, the Village Attorney may request the court with jurisdiction of such action or proceeding to issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will enforce the provisions of this chapter.

   (F)   Notice to appear. The Zoning Administrator shall have the authority to issue a notice to appear at a designated meeting of the Planning and Zoning Board, to any person the Zoning Administrator has reasonable grounds to believe is committing or has committed a violation of this chapter.

(Ord. 2020-O-3, passed 2-18-2020)

   The schedule of fees for various actions taken under the provisions of this chapter shall be as found in § 154.250, as may be amended from time to time by the Village Board of Trustees.

(Ord. 2020-O-3, passed 2-18-2020)

 

(Ord. 2020-O-3, passed 2-18-2020)

   If any section, paragraph, clause or provision of this chapter shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not effect any other section, paragraph, clause or provision of this chapter.

(Ord. 2020-O-3, passed 2-18-2020)

   All ordinances and parts of ordinances in conflict herewith are hereby repealed insofar as the conflicting portions are concerned.

(Ord. 2020-O-3, passed 2-18-2020)

   This chapter shall be in full force and effect upon passage and printing as provided by law.

(Ord. 2020-O-3, passed 2-28-2020)