PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE XV, Administration and Enforcement.

§ 190-144. Construal of provisions.

  1. In applying and interpreing this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience or the general welfare. The following specific regulations shall apply:
    1. A minimum required lot or yard size for one building or structure shall not be used in whole or in part as any part of a required lot or yard for a second structure.
    2. The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
    3. The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
  2. Relation of zoning ordinance to other provisions of law and to private covenants and agreements.
    1. Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Building CodeEN or any rules or regulations adopted or issued thereunder, or any other provisions of law or ordinance or regulations, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter. Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
    2. Whenever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
    3. No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or municipal street or highway.

(back to top)

§ 190-145. Administrative and enforcement personnel.

  1. It shall be the duty of the Code Enforcement Officer to administer and enforce the provisions of this chapter, except for duties assigned the Building Inspector by Subsection B.
  2. It shall be the duty of the Building Inspector to require compliance with this chapter prior to issuing any building permit or certificate of occupancy.
  3. Should said Code Enforcement Officer or Building Inspector be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Board of Appeals for interpretation and decision.
  4. The Code Enforcement Officer and the Building Inspector shall adopt rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions.
  5. If the Building Inspector should mistakenly issue a building permit which violates the provisions of this chapter, that building permit shall be invalid.
  6. The Building Inspector and Code Enforcement Officer in the proper discharge of their duties shall have authority at any reasonable hour to enter any premises, building or structure. Failure to allow the Building Inspector or Code Enforcement Officer to enter the premises for inspection purposes shall constitute a violation of this chapter. [Added 7-24-1972]

(back to top)

§ 190-146. Building permits.

  1. All procedures with respect to applications for an issuance of building permits shall be in conformity with the provisions of the Building Code.EN All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
  2. No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
  3. Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be effected in such a manner that neither of the lots, nor any existing or proposed improvements thereon, contravene the provisions or intent of this chapter.
  4. After completion of footings and establishing of the forms on the first course of the foundation walls or equivalent structure, the owner shall notify the Building Inspector. If required by the Building Inspector, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Building Inspector before construction is continued.

(back to top)

§ 190-147. Completion of construction under prior permits.

  1. Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure, or the use thereof, provided that:
    1. The construction of such building or structure shall have begun and diligently prosecuted within three months from the date of such permit.
    2. The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based within one year from the effective date of this chapter or any such amendment thereto.
  2. In the event that either conditions of Subsection A(1) or (2) is not complied with, such building permit shall be revoked by the Building Inspector

(back to top)

§ 190-148. Certificates of occupancy.

  1. It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land, or part thereof, hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter, or of any building, structure, premises, lot or land or part thereof of which the use is changed until a certificate of occupancy has been obtained by the owner, as provided for under the Building Code.
  2. No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
  3. The Building Inspector shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy in a case involving a special exception use pursuant to Article XII and shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy involving a variance from the provisions of this chapter pursuant to Article XII. [Amended 12-11-1978 by L.L. No. 5-1978]

(back to top)

§ 190-149. Fees [Amended 1-8-1973].

The Village Board of Trustees shall from time to time adopt by resolution such fees as it deems appropriate relating to the requirements of this chapter, including, but not limited to fees for application for sign permits, building permits and site plan review, special exception uses, action by the Zoning Board of Appeals, certificates of occupancy, subdivision review and approval. Such fee or fees shall be payable when each respective application is submitted.

(back to top)

§ 190-150. Notice of violation.

  1. Where a violation of this chapter is determined to exist, the Code Enforcement Officer shall serve notice by certified mail, return receipt requested, on the owner, agent or contractor of the building, structure or lot where such violation has been committed or shall exist; and on the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist; and on the agent, architect, contractor or any other such person who takes part or assists in such violation, or who maintains any building, structure or lot in which any such violation shall exist.
  2. Such notice shall require the removal of the violation within 10 days after service of the notice.

(back to top)

§ 190-151. Abatement.

  1. In cases where the removal of the violation within 10 days would be manifestly impossible, the Code Enforcement Officer shall apply to the governing body of the municipality for a determination as to a reasonable period of time within which such violation shall be removed.
  2. If those persons notified shall fail to remove such violation within the allotted time period, the Code Enforcement Officer shall charge them with such violation of this chapter before the appropriate court of law.

(back to top)

§ 190-152. Penalties for offenses.

  1. Each and every week such violation continues after the allotted period of time for its removal shall be deemed a separate and distinct violation. A first offense shall be punishable by a fine of not to exceed $350 or imprisonment for not more than six months, or both. A second offense within five years shall be punishable by a fine of at least $350, but not more than $700 or imprisonment for not more than six months, or both. A third or subsequent offense within five years shall be punishable by a fine of at least $700 but not more than $1,000 or imprisonment for not more than six months, or both. [Amended 9-24-1973]EN
  2. In addition to other remedies provided by law, appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or lot; or to prevent any illegal act, conduct, business or use in or about such premises.

(back to top)