Washburn City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.065 ZONING OFFICER.
This chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the President of the Village Board by and with the consent of the Village Board. No zoning permit or certificate of occupancy shall be issued by him or her, except where the provisions of this chapter have been complied with.
(1977 Code, § 5-10-1)
§ 152.066 ZONING PERMIT.
(A) When zoning use permit required. A zoning use permit shall be obtained from the Zoning Officer by the owner, lessee, or other person having the right to possession, or his or her authorized agent, of any property or structure before commencing:
(1) To establish, occupy, or change the use of a structure or land either by itself or in addition to another use;
(2) To construct or erect a new structure or part thereof;
(3) To extend or move any structure or part thereof;
(4) To change one nonconforming use to another such use or to a special use; or
(5) To extend, expand, change, or re-establish any nonconforming use; provided, however, that this section shall not apply to those persons, nor to property, structures, or uses exempted from the regulation of this chapter by statute or by other provisions of this chapter, except to the extent specifically provided hereinafter.
(B) Application for zoning use permit. Applications for zoning use permits shall be filed in the office of the Zoning Officer on forms prescribed by him or her. Such applications shall:
(1) State the location, street number, lot, block, and/or tract comprising the legal description of the property;
(2) State the name and address of the owner, the applicant, if different from the owner, and the contractor if known;
(3) State the estimated costs;
(4) Describe the uses to be established or expanded;
(5) Be accompanied by a plan in duplicate, or duplicate prints thereof, drawn approximately to scale, showing the:
(a) Actual dimensions of the lot to be built upon;
(b) Size, shape, and location of the use to be established or the structure to be constructed;
(c) Size, shape, and location of all existing structures and uses located on the lot;
(d) Minimum floor elevations and highest known floor level, where applicable;
(e) Ingress and egress;
(f) Off-street parking spaces and loading berths;
(g) Water supply and sewage disposal facilities, including a true and correct copy of any permit; and
(h) Other information as may be necessary to provide for the proper administration and enforcement of this chapter.
(6) Include any accessory structure or use established or constructed at the same time the main or principal structure, or main or principal use is established or constructed.
(C) Issuance of zoning use permit.
(1) If the Zoning Officer determines that an application for zoning use permit and the use applied for conform to the applicable regulations and standards of this chapter, and if an application for a zoning compliance certificate has been made, he or she shall issue a zoning use permit.
(2) Each zoning use permit for a main or principal structure, or main or principal use shall also cover any accessory structure or accessory use established or constructed at the same time on the same lot or tract of land.
(3) The Zoning Officer shall issue an original and duplicate copy of the zoning use permit to the applicant and shall retain another duplicate copy for his or her records.
(4) The applicant’s duplicate copy shall be posted in plain sight on the premises for which it is issued until the zoning compliance certificate has been issued.
(D) Expiration of zoning use permit.
(1) If the work described on any zoning use permit shall not have begun within 90 days from the issuance thereof, said permit shall expire and be cancelled by the Zoning Officer and written notice thereof shall be given to the applicant.
(2) If the work described on any zoning use permit shall not have been substantially completed within 365 consecutive days from the issuance thereof, said permit shall expire and be cancelled by the Zoning Officer and written notice thereof shall be given to the applicant, together with notice that further work as described on the cancelled permit shall not proceed until a new permit shall have been issued; provided, however, that for commercial and industrial buildings, the permit shall extend for such period as set forth in the application for the zoning use permit as the time necessary to complete the building.
(3) If a new zoning use permit is issued granting additional time for completion of the work, such new permit may require, at the discretion of the Board, a limitation on time allowed for the completion of the work and a performance bond to ensure completion within the time set. Such new permit shall not, in any case, be valid after 365 consecutive days from the date of issuance thereof.
(4) A zoning use permit issued for the establishment of the use of land where no structure is involved, or on which land a structure is accessory to the main or principal use, such main or principal use not involving any structure shall not expire. The land so used shall be inspected by the Zoning Officer at one year intervals from the date of issuance of such permit to ensure compliance with the regulations and standards of this chapter.
(1977 Code, § 5-10-2)
§ 152.067 ZONING COMPLIANCE CERTIFICATE.
(A) No land shall be occupied or used, and no building hereafter erected, altered, or extended shall be used or changed in use until a zoning compliance certificate shall have been issued by the Zoning Officer.
(B) All zoning compliance certificates shall be applied for coincident with the application for a zoning use permit, and said certificate shall be issued within three days after the erection or alteration shall have been approved.
(C) Zoning compliance certificates for the use of vacant land shall be applied for before any such land shall be occupied or used, and a zoning compliance certificate shall be issued within three days after the application has been made; provided such use is in conformity with the provisions of this chapter.
(D) The Zoning Officer shall maintain a record of all certificates, and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building affected.
(E) No permit for excavation for, or the erection, alteration, or repairs to, any building shall be issued until an application has been made for a zoning compliance certificate.
(1977 Code, § 5-10-3) (Ord. passed 9-12-1966)
§ 152.068 FEES.
(A) The following fees shall be charged for the processing of the applications and the issuance of zoning use permits, and shall be collected by the Zoning Officer, who shall be accountable to the village for such fees.
New construction of a main or principal structure of 1,000 square feet of floor area or less | $50 |
New construction of a building of more than 1,000 square feet of floor area; per 100 square feet of floor area or additional fraction thereof | $5 |
New construction of an accessory structure for the first 50 square feet of floor area or less | $10 |
New construction of an accessory structure of more than 50 square feet of floor area or additional fraction thereof | $20 |
Alter, remodel, or extend a major or principal structure for the first 300 square feet of floor area or less | $15 |
Alter, remodel, or extend a main or principal structure per 100 square feet of floor area or fraction thereof over 300 square feet | $5 |
Alter, remodel, or extend an accessory structure of 50 square feet of floor area or less | $10 |
Alter, remodel, or extend an accessory structure of more than 50 square feet of floor area or additional fraction thereof | $20 |
Establish a use where no structure is involved | $10 |
Move a main or principal structure from one lot to another | $50 |
Move an accessory structure from one lot to another | $20 |
Change in use (special use) | $25 |
To demolish any main or principal structure | $25 |
To demolish any accessory structure | $10 |
A new construction of a swimming pool and accessory fence | $20 |
(B) There shall be no refund on any zoning use permit fees paid hereunder, except that on written application the Village Board may refund, at its discretion, a portion of the fee which the Village Board determines exceeds the cost of zoning administration; provided that the work authorized by such zoning permit is completed within the original time limit.
(C) No additional fee shall be charged for a permit renewal unless there is a change in the plans, in which case the application shall be filed as a new application with proper fee.
(1977 Code, § 5-10-4) (Ord. passed 9-12-1966; Ord. passed 8-14-1989)
§ 152.069 BOARD OF APPEALS.
(A) Established. A Board of Appeals is hereby established in accordance with the provisions of the statute applicable thereto. Regular meetings of the Zoning Board shall be held at such time and place within the village as the Zoning Board may determine. Special meetings may be held at the call of the Chairperson, or as determined by the Zoning Board. Such Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel attendance of witnesses. All meetings of the Zoning Board shall be open to the public. The Zoning Board shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such a fact. The Zoning Board shall adopt its own rules of procedure not in conflict with the statute or this chapter. (See § 11-13-3 of the Illinois Municipal Code, 65 ILCS 5/11-13-3.)
(B) Duties of the Zoning Board. The Zoning Board shall hear and decide appeals from any order, requirements, decision, or determination made by the Zoning Officer. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter. The Zoning Board may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision, or determination appealed from to the extent and manner that the Zoning Board may decide to be fitting and proper in the premises, and to that end the Zoning Board shall also have all the powers of the officer from whom the appeal is taken. When a property owner shows that a strict application of the terms of this chapter relating to the use, construction, or alteration of buildings or structures, or to the use of land, imposes upon him or her practical difficulties or particular hardship, then the Zoning Board may make such variations of the strict application of terms of this chapter as are in harmony with its general purpose and intent when the Zoning Board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship so great as to warrant a variation in the following instances:
(1) To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record;
(2) To make a variance, by reason of an exceptional situation, surroundings, or condition of a specific piece of property or by the reason of exceptional narrowness, shallowness, or shape of a specific piece of property of record, or by reason of exceptional topographical conditions, the strict application of any provision of this chapter would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property, and amount to a practical confiscation of property, as distinguished from a mere inconvenience to such owner; provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this chapter;
(3) To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the district map fixing the several districts; and
(4) Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the zoning title or the district map; such power and authority being reserved to the Village Board. The Zoning Board may impose such conditions and restrictions upon the use of the premises benefitted by a variation after an application for a permit has been made to the Zoning Officer and after duly advertised public hearing held by the Zoning Board as prescribed by statute. The notice of hearing shall contain the address or location of the property for which the variation or other ruling by the Zoning Board is sought, as well as a brief description of the nature of the appeal. The applicant shall pay the actual expenses of the public hearing, including publication of notices and any fee for meeting space.
(C) Special uses. An application for one of the special uses of land specified in § 152.049(C) shall be made by filing a written application or petition to the Zoning Board. Such application shall:
(1) State the name, address of applicant and the owner;
(2) State location of property for which the special use is sought;
(3) State the specific special use desired; and
(4) State facts sufficient to demonstrate that the conditions prescribed in § 152.049(B) exist and support such statement with any plans and/or data necessary for a proper understanding of the application, or such plans and/or data as are recommended by the Zoning Board. If the application for a special use is in proper form, the Zoning Board shall hold a public hearing on such matter in accordance with the provisions of § 152.071.
(D) Appeals to Zoning Board.
(1) An appeal to the Zoning Board may be taken by any person aggrieved or by any officer, department, board, or bureau of the village. The appeal shall be taken within such time as shall be prescribed by the Zoning Board by a general rule by filing with the Zoning Officer from whom the appeal is taken and with the Zoning Board a notice of appeal, specifying the grounds thereof. The Zoning Officer from whom the appeal is taken shall forthwith transmit to the Zoning Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Officer from whom the appeal is taken certifies to the Zoning Board, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would in his or her opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board or by a court of record on application and on notice to the Zoning Officer from whom the appeal is taken, and on due cause shown.
(3) The Zoning Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney. The Zoning Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end has all the powers of the Zoning Officer from whom the appeal is taken.
(1977 Code, § 5-10-5) (Ord. passed 9-12-1966)
§ 152.070 APPEALS TO COURTS.
(A) All final administrative decisions of the Zoning Board under this chapter shall be subject to judicial review and which appeal may be taken by any person aggrieved, or by any officer, department, board, or bureau of the village, pursuant to the provisions of the Administrative Review Act, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term “administrative decision” is defined in Art. III of the Code of Civil Procedure, 735 ILCS 5/3-101 et seq.
(B) Such appeal shall be made within 30 days from the date of the action appealed from, by filing with the Zoning Officer and the Zoning Board a notice of appeal specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Zoning Board all papers constituting the record upon which the actions appealed from was taken.
(C) An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Officer certifies to the Zoning Board, after the notice of the appeal has been filed with him or her, that by reasons of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order of record on application, on notice to the Zoning Officer, and on due cause shown.
(1977 Code, § 5-10-6) (Ord. passed 9-12-1966)
§ 152.071 AMENDMENTS.
The regulations and standards, restrictions, and district boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or repealed. No such action may be taken unless and until:
(A) A written application is submitted to the Zoning Board. Such application may be initiated by the Village Board, the Planning Commission, or the owners of more than 50% of the area involved;
(B) Each such application, except that initiated by the Village Board or by the Planning Commission, shall be accompanied by a fee as may be determined by the Village Board to be paid by the applicant;
(C) At least 15-days’ but not more than 30-days’ notice of the time and place of the hearing of such action shall be published in an official paper or a paper of general circulation in the village. The notice of such hearing shall contain the information relating to such action. The applicant shall pay the cost of such publication;
(D) A public hearing shall be held. Any person may appear in person, by agent, or by attorney;
(E) The Zoning Board may, by majority vote, postpone or adjourn from time to time any public hearing. In the event of such postponement or adjournment, further publication of such action need not be made;
(F) Within 30 days after the close of the public hearing, the Zoning Board shall make a report to the Village Board; and
(G) Action of the Village Board.
(1) In the event that the report of the Zoning Board is adverse to such action referred to it, such action shall not be passed except by the favorable vote of two-thirds of all the members of the Village Board.
(2) In case of a written protest against any such action:
(a) Signed and acknowledged by the owners of 20% of the frontage, the zoning classification of which is proposed to be altered;
(b) Signed and acknowledged by the owners of 20% of the frontage immediately adjoining or across an alley from the frontage, the zoning classification of which is proposed to be altered; or
(c) Signed and acknowledged by the owners of 20% of the frontage directly opposite from the frontage, the zoning classification of which is proposed to be altered; and filed with the Village Clerk, such action shall not be passed except by the favorable vote of two-thirds of all the members of the Village Board.
(1977 Code, § 5-11-1) (Ord. passed 9-12-1966)