Village of Bannockburn, IL Part 4 Zoning Certificates

§ 260-1141 Certificates of zoning compliance.

A. Authority. The Building Commissioner shall have authority to issue certificates of zoning compliance, but only in accordance with the provisions of this section.

B. Purpose. The certificate of zoning compliance is intended to serve two general purposes. First, it provides a procedure for reviewing plans for conformance with this code and a means for evidencing such conformance. Second, it serves as an adjunct to, and thus must be filed prior to or with, all other applications filed pursuant to this code with respect to a specific use or development proposal. When so filed, it serves as a vehicle for routine plan review by the Building Commissioner prior to consideration of special requests by other officials, boards, and commissions, thus avoiding needless special reviews of defective plans.

C. Certificate required.

(1) Except where expressly waived by another provision of this code, unless a certificate of zoning compliance shall have first been obtained from the Building Commissioner:

(a) The construction, reconstruction, remodeling, alteration, or moving of any structure, except signs, shall not be commenced;

(b) No land vacant on the effective date of this code shall be used or occupied for any purpose;

(c) The grading, excavation, or improvement of land preliminary to any construction on or use of such land shall not be commenced;

(d) Building or other permits pertaining to the construction, reconstruction, remodeling, alteration, or moving of any structure or the use of any land or structure shall not be issued by the Village;

(e) Except for changes involving only substitution of occupants in dwelling units, no use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, reconstruction, remodeling, alteration or moving is involved;

(f) No home occupation shall be established or maintained;

(g) No temporary use shall be established or maintained, except as provided in § 260-903C of this code;

(h) No land shall be annexed to the Village; and

(i) Building or other permits pertaining to the construction, placement, location, or alteration of a personal wireless services antenna or related facilities shall not be issued by the Village.

[Added 2-23-1998 by Ord. No. 98-07]

(2) Filing fee. Every application filed pursuant to this code, except as provided in § 260-1131D(10), shall be accompanied by the nonrefundable filing fee specified in the Bannockburn Fee Schedule.

[Amended 5-22-2017 by Ord. No. 2017-12]

(3) In any case where a certificate of zoning compliance is not required under this code, the Building Commissioner shall, on written request, issue a certificate of such fact.

D. Relation to other applications. No application filed pursuant to Part 3 of this Article XI with respect to a specific use or development proposal shall be processed unless an application for a certificate of zoning compliance shall first have been received, processed, and approved, or denied solely on one or more grounds that form the basis for the application filed pursuant to said Part 3. It is the intent of this subsection that no application filed pursuant to Part 3 of this Article XI with respect to a specific use or development proposal shall be processed until the Building Commissioner is satisfied that the proposed use or development complies with the provisions of this code in all respects except those within the scope of such application.

E. Procedure.

(1) Application. Applications for a certificate of zoning compliance shall be filed in accordance with the requirements of § 260-1131 of this code.

(2) Action on application. Within 20 days following receipt of a completed application for a certificate of zoning compliance, the Building Commissioner shall cause the application and related submissions to be reviewed for compliance with this code and shall inform the applicant whether the application has been granted or denied. In any case where an application is granted, the Building Commissioner shall issue a certificate of zoning compliance, which shall state on its face, in bold type, that:

	THIS CERTIFICATE DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL AND IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED. SEE THE BANNOCKBURN BUILDING CODE FOR DETAILS.
	BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED. SEE SECTION 260-1142 OF THE BANNOCKBURN ZONING CODE AND THE BANNOCKBURN BUILDING CODE FOR DETAILS.

(a) In any case where an application is denied, the Building Commissioner shall state the specific reasons therefor and shall cite the specific provisions of this code upon which such denial is based. If relief from such demand would be available pursuant to a companion application filed in connection with the application for a certificate of zoning compliance, the Building Commissioner shall so inform the applicant and shall promptly process such companion application. If such application is approved, the Building Commissioner shall issue the requested certificate of zoning compliance in accordance with the terms and conditions of such approval.

(b) If relief from the Building Commissioner's denial of a certificate of zoning compliance would be available by variation, special permit, or site plan review, but no application therefor has been filed, the Building Commissioner shall so state and shall refer the applicant to the appropriate provisions of this code.

(3) Contents of certificate. Each certificate of zoning compliance issued pursuant to this section shall state the specific use of the subject property for which it is issued, shall identify the specific plans, if any, pursuant to which it is issued, and shall set forth any conditions imposed in connection with any approval granted pursuant to this code.

(4) Filing of certificates. Every certificate issued pursuant to this section shall be kept on file in the office of the Building Commissioner and shall be a public record open to inspection in accordance with the provisions of the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.).

F. Effect of issuance of certificate of zoning compliance. The issuance of a certificate of zoning compliance shall not authorize the establishment, expansion, or extension of any use nor the development, construction, relocation, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the Village, including but not limited to a building permit, a certificate of occupancy, and subdivision approval.

G. Limitations on certificates. Subject to an extension of time granted by the Building Commissioner pursuant to § 260-1101K of this code, a certificate of zoning compliance shall become null and void six months after the date on which it was issued unless within such period construction, reconstruction, remodeling, alteration, or moving of a structure is commenced or a use is commenced.

H. Void certificates. Any certificate of zoning compliance issued in violation of the provisions of this code, whether intentionally, negligently, or innocently, shall be void ab initio and shall give rise to no rights whatsoever.

§ 260-1142 Certificates of occupancy.

A. Authority. The Building Commissioner shall have authority to issue certificates of occupancy; provided, however, that no such certificate shall be issued except in accordance with the provisions of this section and the provisions of the Bannockburn Building Code and other Village ordinances governing development and related matters.[1]

[1] Editor's Note: See Ch. 109, Buildings and Building Regulations.

B. Purpose. For the purposes of this code, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this code and approved plans prior to commencement of the use or occupancy of such premises.

C. Certificate required. Unless a certificate of occupancy shall have first been obtained certifying compliance with the provisions of this code:

(1) No structure, or addition thereto, constructed, reconstructed, remodeled, altered, or moved after the effective date of this code shall be occupied or used for any purpose, except as permitted by the sign regulations set forth in § 260-906 of this code;

(2) No land vacant as of the effective date of this code shall be used or occupied for any purpose, except as permitted by the sign regulations set forth in § 260-906 of this code;

(3) Except as permitted by the sign regulations set forth in § 260-906 of this code and except for changes involving only substitution of occupants in existing dwelling units, no use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, remodeling, alteration, or moving is involved; and

(4) No home occupation shall be established.

D. Procedure.

(1) Application.

(a) When no certificate of zoning compliance is required, applications for a certificate of occupancy shall be filed in accordance with the requirements of § 260-1131 of this code. When a certificate of zoning compliance has been issued, the application for that certificate shall also be treated as the application for a certificate of occupancy and shall be processed as such at such time as the applicant notifies the Building Commissioner in writing that the subject structure or use is ready for a certificate of occupancy in accordance with the certificate of zoning compliance.

(b) In any case where the structure or use involved has been constructed or established pursuant to any approval granted pursuant to this code, the application shall be accompanied by "as built" plans depicting the structure or use as built and bearing the certificate of a surveyor, engineer, architect, land planner, or owner-designer, as may be appropriate, certifying that the structure or use as built conforms in all respects to the approval granted.

(2) Action on application. Within 14 days following the receipt of a completed application, the Building Commissioner shall cause the subject structure or premises to be inspected and shall take one of the following actions based on such inspection:

(a) If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this code, other relevant codes and ordinances of the Village, the applicant's plans as approved, and any conditions attached to any approval issued pursuant to this code, the Building Commissioner shall issue a certificate of occupancy.

(b) If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the Building Commissioner shall deny the application and shall inform the applicant in writing of the specific deficiencies on which such denial is based, citing the particular provisions of the codes and ordinances of the Village or the particular items in the applicant's plans or the applicable special approval conditions with respect to which compliance is lacking.

(3) Contents of certificate. In addition to the matters required to be contained in a certificate of occupancy pursuant to any other applicable code or ordinance of the Village, each certificate of occupancy issued pursuant to this section shall state the specific use of the subject property for which it is issued, shall identify the specific plans, if any, pursuant to which it is issued, and shall set forth any conditions imposed in connection with any approval granted pursuant to this code.

(4) Filing of certificates. Every certificate of occupancy issued pursuant to this section shall be kept on file in the office of the Building Commissioner and shall be a public record open to inspection pursuant to the provisions of the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.).

E. Temporary certificates of occupancy. Notwithstanding the provisions of Paragraph D(2) of this section, when construction, reconstruction, remodeling, or alteration of a structure does not require the vacating of the structure, or when parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling, or alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this code, other relevant codes and ordinances of the Village, the applicant's plans as approved and any conditions attached to any approvals issued pursuant to this code with respect to such structure or its premises, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date, which temporary certificate shall bear on its face, in bold type, a statement of its temporary nature.

F. Certificates of occupancy for existing uses. The Building Commissioner may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses. Such certificate of occupancy shall be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this code are changed.

G. Certificate of occupancy for legal nonconformities. The Building Commissioner may issue a certificate of occupancy certifying the lawful existence and use of any nonconforming use, structure, lot, or sign in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses and subject also to the additional standards and limitations set forth in § 260-1001E(3) of this code.

H. Void certificates. Any certificate of occupancy issued in violation of the provisions of this code, whether intentionally, negligently, or innocently, shall be void ab initio and shall give rise to no rights whatsoever.