The administration of this chapter is hereby
vested in two offices of the government of the County as follows:
A. Zoning Enforcement Office.
The Director of Building and Zoning shall enforce
this chapter and in furtherance of such authority shall:
A. Administer all procedures concerning permits when
such permits are required by this chapter, and in connection therewith
shall:
(1) Review all applications for construction permits required
herein; issue such permits for applications conforming with the regulations
of this chapter; and make such periodic inspections during construction
as may be necessary to ensure compliance with this chapter;
(2) Upon completion of construction, or upon application
for an occupancy permit for a change of use, inspect the premises
and issue an occupancy permit if such construction or change of use
complies with the regulations of this chapter;
(3) Review applications for temporary occupancy permits
and issue such temporary occupancy permits for applications conforming
to the regulations of this chapter;
(4) Maintain records of all applications and permits;
B. Make such investigations, decisions, determinations
and requirements, and issue such violation notices and compliance
orders as are necessary to enforce this chapter, and keep records
of such notices and orders;
C. Decide or make recommendations on all other matters
under this chapter upon which the Director of Building and Zoning
is required to act;
D. Receive petitions for variances, amendments, and special
use permits that are to be referred to the Zoning Board of Appeals
or other appropriate reviewing body;
[Amended 6-18-2002]
E. Maintain permanent and current records of this chapter,
including, but not limited to, all maps, amendments, special uses,
variances, appeals and applications therefor; revise the Zoning District
Map to show all amendments thereto; and maintain for public inspection
a record, indexed by section, township and range, of all special uses
granted, indicating the nature of the special use and the file number
of the hearing on such special use;
F. Provide and maintain a public information bureau relative
to all matters arising out of this chapter; and
G. Records. The Director of Building and Zoning shall
maintain on file the following documents:
(1) At least three copies of the Flood Insurance Rate
Map and Flood Insurance Study;
(2) At least three copies of the "General Provisions"
and "Criteria for Land Management and Use" of the National Flood Insurance
Program and related information provided by the Illinois Department
of Natural Resources, Division of Water Resources;
(3) Copies of variance application papers and variances
resolutions as they pertain to special flood hazard areas;
(4) Copies of elevation or floodproofing certificates
and such other documents necessary to ensure that a project is constructed
in compliance with a variance resolution; and
(5) Copies of annual reports and other correspondence
with the Federal Emergency Management Agency.
[Amended 6-18-2002]
An appeal from a final decision of the Zoning
Board of Appeals must be filed within 35 days of the date of the decision.
[Amended 6-17-2008]
A construction permit shall be required for
the improvement of or addition to a building, structure, or land improvement
or part thereof; for the relocation of a building, structure or part
thereof, and such building shall not be dilapidated; whether relocated
on the same lot or onto any lot under the jurisdiction of this chapter;
or for any structural alteration which will result in changing the
use of all or any part of a building or structure. Exempted from such
permit requirements shall be buildings, structures and uses excepted
from the regulations of this chapter or by Illinois statutes; driveways
serving off-street parking areas of eight spaces or less; open fences
not more than four feet in height; sidewalks; and light standards,
birdhouses, flagpoles and similar accessory structures, berms and
or retaining walls less than 36 inches in height that do not affect
the drainage on adjacent properties, the location of which are not
restricted by this chapter.
A. Such construction permits shall be acquired by the
owner of the property or by the authorized agent of such owner before
physically undertaking, including excavation, such construction, erection,
extension, addition, relocation or alteration, or substantial improvement.
B. Application for such construction permit shall be
made to the Department of Building and Zoning, accompanied by plans,
specifications and other supplementary information necessary to determine
compliance with this chapter, including, when applicable, a certification
that performance standards as required by this chapter will be complied
with and certification that a road access permit has been granted
by the appropriate road authority. When applicable laws or regulations
of the State of Illinois or McLean County require sewage disposal
facilities to serve the proposed use, the application shall be accompanied
by a certification from the McLean County Health Department approving
the sewage disposal facilities proposed for such use. The application
shall be accompanied by such elevation and other data necessary to
determine compliance with any applicable flood hazard regulations
of this chapter.
(1) New public/commercial buildings shall be designed
and built in accordance with the requirements of the Americans With
Disabilities Act and with the current version of the Illinois Accessibility
Code, including the provision of accessible/handicap parking spaces as specified in Article
IX, §
350-65G, of this chapter. Plans for such public buildings shall contain the seal of a registered architect or engineer. The architect or engineer shall also certify in writing that the building design is in accordance with the Americans With Disabilities Act and the current version of the Illinois Accessibility Code. Before occupancy permits are issued for public/commercial buildings, the architect/engineer shall certify that the site and building as built meet the requirements of the Americans With Disabilities Act and the Illinois Accessibility Code.
[Amended 6-18-2002]
(2) Erosion and sediment control. Erosion is the process
whereby soil or earth is moved by rainfall, flowing water, wind or
wave action. Erosion and sediment control measures shall be installed
at the time of construction and maintained during both the construction
season and any construction shutdown periods where more than 5,000
square feet of land are disturbed or by the time of the stake-out
inspection when a permit is obtained for a residence, a detached building
or a building addition, or within 14 days after final grade is reached
or when disturbed areas are left idle for more than 21 days. If installed
erosion and sediment control measures prove inadequate as determined
by the Director of Building and Zoning, additional erosion control
measures shall be installed. Final stabilization with permanent vegetative
cover or equivalent permanent stabilization measures shall be in place
before erosion and sediment control devices such as silt fences and
straw bales may be removed. Standards for control measures for soil
erosion shall be at least as protective as the requirements contained
in the IEPA's Illinois Urban Manual, 2002, or as amended. Erosion
and sediment control measures shall be provided for stockpiles of
soil that remain in place for more than three days. All waste generated
as a result of site development (including discarded building materials,
concrete truck washout, chemicals, litter, sanitary waste or any other
waste) shall be properly disposed of and be prevented from being carried
off the site by either wind or water. Winter shutdown shall be addressed
early in the fall growing season so that slopes and other bare soil
areas may be stabilized with temporary and/or permanent vegetative
cover for proper erosion and sediment control. Agricultural uses are
exempt from this subsection.
[Amended 6-17-2008]
(3) Stormwater control measures. Stormwater control measures shall be required for permits on lots greater than one acre in area, not to include residences or buildings accessory to residential uses. Evaluation of plans shall be based on stormwater design requirements of retention and detention facilities in Chapter
317, Subdivision of Land, Article
VI.
[Amended 6-17-2008]
C. When a construction permit is required by this chapter,
the Director of Building and Zoning, or his/her authorized assistants
or deputies, shall examine the application for such permit and, if
such application and supporting documents show that the proposed project
is in compliance with the regulations of this chapter, shall issue
a construction permit. Such permit shall not be issued until the applicable
certifications required in this section above are received.
D. The fee for the above specified construction permit
shall be found in the McLean County Fee Ordinance.
[Amended 6-17-2008; 1-20-2015]
No land shall be occupied or used; no building
or structure hereafter erected shall be occupied or used in whole
or in part, no building or structure hereafter relocated shall be
occupied or used in whole or in part, no addition to a building, structure
or land improvement shall be occupied or used in whole or in part,
nor shall any building or structure upon which structural alterations
have been made be changed in use until an occupancy permit shall have
been issued by the Director of Building and Zoning. Such occupancy
permit shall certify that the building, structure, land improvement
or part thereof complies with all the regulations of this chapter.
No change of use shall be made in any land, building, structure or
land improvement or part thereof without an occupancy permit having
been issued by the Director of Building and Zoning, and no occupancy
permit shall be issued to make such change unless such change is in
conformity with the provisions of this chapter and amendments thereto.
Nothing in this section shall prevent the continuance of the occupancy
or use to which any land, building or structure was lawfully devoted
on the effective date of this chapter or any amendment thereto.
A. An occupancy permit shall be applied for coincident with the application for a construction permit as set forth in §
350-19 above, and shall be issued within 14 days after the completion of the project for which construction permit was issued, or within 14 days after application has been made for a change of use where no construction is involved. A record of all occupancy permits shall be kept on file in the office of the Director of Building and Zoning and copies shall be furnished, upon request, to any person having proprietary or tenancy interest in the property affected. No additional fees shall be charged for any occupancy permit unless it is sought for a change in use only, as governed by §
350-19A above. See the McLean County Fee Ordinance.
[Amended 6-17-2008; 1-20-2015]
B. Issuance of occupancy permit.
(1) No occupancy permit for a project for which a construction permit is required shall be issued until construction has been completed and the premises inspected and said project is certified by the Director of Building and Zoning to be in conformity with the plans and specifications upon which the construction permit as set forth in §
350-19 above was based. No occupancy permit for a change of use shall be issued until the premises have been inspected and such change in use is certified by the Director of Building and Zoning to be in compliance with applicable regulations of the zoning district in which it is located.
(2) Pending the issuance of a regular occupancy permit,
a temporary occupancy permit may be issued during the completion of
any building, structure or land improvement or during the partial
occupancy thereof, except a temporary occupancy permit may not be
issued for required transition screens other than plantings. Application
for a temporary occupancy permit shall include a statement covering
the items of work to be completed, denoting the reasons for which
the temporary occupancy permit is requested, and certifying that the
work can and will be completed within the duration of the temporary
occupancy permit. A temporary occupancy permit shall be valid for
a period not to exceed eight consecutive months, except when the only
work to be completed is the surfacing of parking or loading areas
or driveways, such temporary occupancy permit may be valid for a period
of one year with the stipulations that such parking or loading area
or driveway is maintained in a reasonably dust-free condition during
the period of temporary occupancy. The fee for such temporary occupancy
permit shall be found in the McLean County Fee Ordinance.
[Amended 6-17-2008; 1-20-2015]
[Amended 6-18-2002; 6-17-2008; 2-17-2015]
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, or other regulation under authority conferred hereby, the proper authorities of the County or of the township in which the building, structure or land is located, or any person the value or use of whose property is or may be affected by such violation, in addition to other remedies, may withhold permits on such land and may institute any appropriate action or proceedings in the Circuit Court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business, or use in or about such premises. Except as set forth in §
350-23A or
350-41M below, any person who violates the terms of this chapter shall be guilty of a petty offense punishable by a fine not to exceed $500, with each week the violation remains uncorrected constituting a separate offense.
[Added 6-18-2002; amended 6-17-2008]
Parking or storage of inoperable or unlicensed
motor vehicles or parts thereof shall not be permitted unless in a
lawfully established junkyard or salvage yard.
A. All inoperable motor vehicles, whether on public or private property, are a nuisance. Any person who fails to obey a notice received from the County which states that such person is to dispose of any inoperable motor vehicles under his or her control shall be fined as set forth in §
350-22.
[Amended 2-17-2015]
B. Any inoperable motor vehicle or parts thereof will
be removed by the County Sheriff after seven days from the issuance
of a County notice. However, nothing in this section shall apply to
any motor vehicle that is kept within a building when not in use,
to operable historic vehicles over 25 years of age, or to a motor
vehicle on the premises of a place of business engaged in the wrecking
or junking of motor vehicles.
C. As used in this section, "inoperable motor vehicle"
means any motor vehicle from which, for a period of at least seven
days, the engine, wheels or other parts have been removed, or on which
the engine, wheels or other parts have been altered, damaged or otherwise
so treated that the vehicle is incapable of being driven under its
own motor power. "Inoperable motor vehicle" shall not include a motor
vehicle which has been rendered temporarily incapable of being driven
under its own motor power in order to perform ordinary service or
repair operations (55 ILCS 5/5-1092).