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Tuscola City Zoning Code

ADMINISTRATIVE OFFICIALS

§ 156.010 BUILDING INSPECTOR.

   The Mayor shall designate a Building Inspector. The Building Inspector may be provided with the assistance of such other persons as the Mayor may direct. The Building Inspector shall administer and enforce this code and shall, for the purpose of this chapter, have the following specific duties and responsibilities:
   (A)   Inspect all buildings or structures being erected, altered, relocated, or demolished to ascertain compliance with city codes and ordinances;
   (B)   Review all applications for building permits and plans and specifications for buildings or structures proposed to be erected, altered, relocated, or demolished to ascertain compliance with the requirements of this chapter and all other city codes and ordinances;
   (C)   Examine and approve the work of all trades during construction, alteration, relocation, or demolition of any building or structure;
   (D)   Make a physical on-site inspection every two weeks, or more often if he deems it necessary, of any construction, alteration, relocation, or demolition subject to the provisions of city codes and ordinances;
   (E)   Order all work stopped on construction, alteration, or repair of buildings in the city when such work is being done in violation of any provision of any code or ordinance relating thereto, or in violation of this zoning code;
   (F)   Make or cause to be made entry into any building or premises where the work of altering, repairing, or constructing any building or structure is going on, for the purpose of making inspections, at any reasonable hour;
   (G)   Serve in a staff capacity to the Plan Commission and the Zoning Board of Appeals;
   (H)   Issue building permits for all buildings or structures being erected, altered, relocated, or demolished;
   (I)   Issue occupancy permits;
   (J)   Issue special use permits on approval of the application for the special use permit by the Council;
   (K)   Serve as the ex officio Electrical Inspector and have all the powers and perform all the duties connected with that office, if qualified;
   (L)   Serve as the ex officio Plumbing Inspector and have all the powers and perform all the duties connected with that office, if qualified.
(Ord. 80-0-24, passed 1-12-81)

§ 156.011 PLAN COMMISSION.

   The proceedings of the Plan Commission shall be in accord with the Plan Commission procedural manual as adopted and amended, and with the provisions of this chapter. For the purpose of this chapter the Plan Commission shall have the following specific duties and responsibilities:
   (A)   Initiate proposed amendments to this chapter;
   (B)   Review all proposed amendments to this chapter and make recommendations to the City Council;
   (C)   Review and recommend to the City Council approval or denial of special use permits as specified in § 156.092 and under the conditions of §§ 156.115 through 156.119, and such additional safeguards as will uphold the intent of this chapter and the objectives of the Comprehensive Plan.
   (D)   Holds hearings for amendments to this chapter.
(Ord. 80-0-24, passed 1-12-81)

§ 156.012 ZONING BOARD OF APPEALS.

   (A)   There is established a Zoning Board of Appeals. The Board shall consist of seven members appointed by the Mayor and approved by the City Council, to serve respectively for the following terms: One for one year, one for two years, one for three years, one for four years, one for five years, one for six years; and one for seven years, the successor to each member so appointed to serve for a term of five years. The Zoning Board of Appeals shall elect one member as its chairman and another to serve as its vice-chairman, each for a term of one year and subject to reelection. The chairman, or in his absence, the vice-chairman may administer oaths and compel the attendance of witnesses. The Board shall also select one member as secretary to keep minutes and maintain the records of the Board.
   (B)   The proceedings of the Zoning Board of Appeals shall be in accord with the Zoning Board of Appeals procedural manual as adopted and amended, with the provisions of this chapter, and with the Illinois Revised Statutes.
      (1)   All meetings of the Board and all hearings shall be open to the public.
      (2)   All meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Meetings may be called at the request of three members of the Board.
      (3)   The Board shall keep minutes of its proceedings, showing the vote of each member on every question, or if absent or failing to vote, indicating that fact. Statement of the facts found by the Board shall be included in the minutes of each case heard or considered by it. The reason for recommending or denying an exception as herein provided shall also appear in the minutes. The minutes of the Board shall be open to the public at reasonable hours. Every rule, regulation, amendment, and every order, requirement, decision, or determination of the Board shall immediately be filed at city hall and shall be a public record.
      (4)   Expenses incurred by the Zoning Board of Appeals are to be itemized and shall be borne by the city.
      (5)   No hearing shall be conducted without a quorum of the Board being present, which shall consist of a majority of all the members.
      (6)   Any absent member who certifies that he has read the transcript of the proceedings before the Board may vote on any question before the Board.
   (C)   In exercising its duties, the Zoning Board of Appeals may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination of the Building Inspector and to that end shall have all the powers of the Building Inspector from who the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Inspector from whom an appeal is taken, to decide in favor of the applicant on any matter in which the Board is required to pass under the provisions of this chapter, or to effect any variances in the application of this chapter. For the purpose of this chapter, the Board has the following specific duties and responsibilities:
      (1)   Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, interpretation, or determination made by the Building Inspector.
      (2)   Hear all applications for variations from the provisions of this chapter and authorize, in the manner provided by law, variations from the provisions of this chapter where the literal enforcement of these provisions would result in unnecessary hardship. Such variation shall not be contrary to the public interest and shall preserve the spirit of this chapter.
(Ord. 80-0-24, passed l-12-81)

§ 156.013 DUTIES ON MATTERS OF APPEAL.

   It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Building Inspector, and that such questions shall be presented to the Board only on appeal from the decision of the Building Inspector. Recourse from decisions of the Board shall be made to the courts as provided by law. It is further the intent of this chapter that the duties of the City Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. Under this chapter the City Council shall have only the duties of considering and either adopting or rejecting proposed amendments and official zoning map changes, granting or denying special use permits, the repeal of this chapter as provided by law and establishing a schedule of fees and charges as stated in § 156.030. Nothing in this chapter shall be interpreted to prevent any official of the city from appealing a decision of the Board to the courts as provided in the Illinois Revised Statutes.
(Ord. 80-0-24, passed 1-12-81)