CHAPTER TWELVE
NON-CONFORMING USES
12.1 CONTINUATION. Any lawful building or structure or lawful use of a building, structure, or land existing the time of the passage of this ordinance, or of a latter amendment, which does not conform to the regulationS of the district in which it is located or to other provisions of this ordinance, shall be known as non-conforming and may remain, and the use thereof be continued as hereinafter provided.
12.2 EXPANSION. A non-conforming use may be extended throughout the building, provided no structural alterations are made therein, except those required by law or ordinance or such as may be required for safety or such as may be necessary to secure or insure the continued advantageous use of the building during its natural life or the erection of its full height as originally planned of a building with foundations and structural members designed to carry a higher building.  A non-conforming use of "land" shall not be the passage of this ordinance or of a later amendment creating the non-conformance.
12.3 DISCONTINUANCE. Any non-conforming use of a building, structure, or land which is discontinued for a period of one year or more shall not be continued again, and any future use thereof shall be in conformity with the provisions of this ordinance.
12.4 DESTRUCTION OR DAMAGE. Any building or structure devoted to a non-conforming use which may be destroyed by fire or otherwise to the extent of fifty (50) percent or more of its value, in the findings of the Zoning Board, shall not be repaired or rebuilt, nor shall another build ing be erected on the premises, except in conformity with the provisions of this ordinance.
12.5 CHANGES. A non-conforming use may be changed to a more restrictive use or to a conforming use, but such use shall not thereafter be changed to a less restrictive use. For purposes of interpreting this section, the various districts shall be considered in the sequence of Section 3.1, from the most restrictive to the least restrictive classifications. A non-conforming use may be changed to another use normally permitted in the same classification as the initial use, only upon written consent of eighty (80) percent of the property owners within 300 feet.
12.6 REPAIRS. So long as a building structure, advertising sign, or billboard is used or is eligible for use in a non-conforming manner, only ordinary repairs and maintenance, including replacement of roof covering, shall be permitted. In no case shall such repairs include structural alterations veneering of the outer walls, or other work which will extend appreciably the normal life of the building, structure, advertising sign, or billboard.
12.7 RECORDS. The Enforcing Officer shall make and keep a record, including photographs, of all buildings, structures, and land uses which do not conform to the use regulations of the district in which they are located.

CHAPTER THIRTEEN
PERMITS
13.1 WHERE REQUIRED. A written permit shall be ob ained from the Enforcing Officer before starting any of the following;
(1) To establish any new use of property.
(2) To change the use of any building, structure, or land from one classification to another.
(3) To erect, construct, reconstruct, enlarge, or move any building or structure, except the replacement of damage caused by fire, lightning, or wind, shall not require a permit, provided said replacement is otherwise in conformity with the provisions of this ordinance and later amendments.
(4) In the case of a non-conforming use, to change from one use to another.
(5) Concrete, stone, wood, masonry, or other fences, which can not be clearly viewed through shall require permits.
(6) Governmental bodies, non-profit organizations, and charitable organizations shall conform to the pro visions of this ordinance and shall be required to obtain permits, except that no permit fee will be required.
No permit shall be required for the following: (a) Routine maintenance or repair of buildings, structures, or equipment such as repainting or re-roofing a building, relining a blast furnace, or reballasting a railroad track; and (2) Construction or alterations costing, less than three hundred dollars ($300.00).
13.2 INFORMATION REQUIRED. Applications for permits shall be filed in written from with the Enforcing Officer, shall state the legal description of the property, the name and address of the owner, the applicant, and the contractor, the estimated cost, and shall give such information as may be required by this ordinance for its proper enforcement.
13.3 DRAWING. All applications shall be accompanied by a dimensional drawing of the building plot showing the location of buildings, and structures, lot areas to be used, auto parking areas, and water and sewage disposal facilities.
13.4 ACCESSORY BUILDINGS. Each permit issued for a main building shall also cover any accessory structures or buildings constructed at the same time on the same prem ises, arid such permit shall be posted in plain sight on the premises for which it is issued.
13.5 REVOCATION. Any work or change in use author ized by a permit but not substantially started within ninety (90) days or substantially finished within one (1) year, shall require a new permit. A permit shall be revoked by the Enforcing Officer when he shall find from personal inspection or from competent evidence that the rules or regulations under which it had been issued are being violated.
13.6 RECORDS. All applications and a copy of all permits issued shall be systematically filed and kept by the Enforcing officer in his office for ready reference.
13.7 Repealed by Amendment of 12.5.94
13.8 DENIAL OF PERMITS. The Enforcing Officer shall, where such uses would be detrimental to adjacent property and to the ultimate development, discourage and deny permits for: (1) Unusual locations of buildings and structures, such as excessive set back, unless justified by topography or other existing features; and (2) Dwellings and structures of a temporary or partially completed nature.
13.07 COST. To partially defray the expense of administering the Zoning Ordinance, a fee, where required, shall be charged for each building permit and collected by the enforcing officer who shall account for the same to the Village Clerk.
A minimum fee of $5.00 shall be charged for each building permit plus an additional $2.00 for each $1,000.00 improvement or fraction thereof.

                                                                                                                                                                

ORDINANCE NO. 2003-27
AN ORDINANCE RESCINDING AND REPLACING SECTION 07 OF CHAPTER 13 OF THE ZONING ORDINANCE OF THE MUNCIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS

PASSED: October 20, 2003
APPROVED: October 20, 2003
EFFECTIVE DATE: October 20, 2003
PUBLISHED IN PAMPHLET FORM: October 20, 2003

 

ORDINANCE 2003-27
AN ORDINANCE RESCINDING AND REPLACING SECTION 07 OF CHAPTER 13 OF THE ZONING ORDINANCE OF TIlE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, Mc LEAN COUNTY, ILLINOIS
WHEREAS, the President and the Board of Trustees of the Village of Colfax have reviewed Section 07 of Chapter 13 of the Colfax Zoning Ordinance of the Municipal Code of the Village of Colfax, McLean County, Illinois which states as follows:
"13.07 COST.
To partially defray the expense of administering the Ordinance, a fee, where required, shall be charged for each pennit and collected by the enforcing officer who shall account for the same to the Village Treasurer.
A minimum fee of $5.00 shall be charged for each permit plus an additional $2.00 for each $1,000.00 improvement or fraction thereof.
And have determined that said Section 07 of Chapter 13 should be rescinded and replaced with the following provisions:
13.07 COST. To partially defray the expense of administering the Zoning Ordinance, a fee, where required, shall be charged fbr each building permit and collected by the enforcing officer who shall account for the same to the Village Clerk.
A minimum fee of $5.00 shall be charged for each building permit. plus an additional $2.00 for each $1,000.00 improvement or fraction thereof.

BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX OF COLFAX, Mc LEAN COUNTY, ILLINOIS:
That the Section 07 of Chapter 13 of the Colfax Zoning Ordinance of the Municipal Code of the Village of Colfax, McLean County, Illinois which states as follows:
"13.07 COST.
To partially defray the expense of administering the Ordinance, a fee, where required, shall be charged for each permit and collected by the enforcing officer who shall account for the same to the Village Treasurer.
A minimum fee of $5.00 shall be charged for each permit plus an additional $2.00 for each $1,000.00 improvement or fraction thereot
Is hereby rescinded and replaced with the following provision:
13.07 COST.
To partially defray the expense of administering the Zoning Ordinance, a fee, where required, shall be charged for each building permit and collected by the enforcing officer who shall account for the same to the Village Clerk.
A minimum fee of $5.00 shall be charged for each building permit plus an additional $2.00 for each $1,000.00 improvement or fraction thereof.
That this Ordinance, due to urgency, shall be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.

AYES: Gary Milton; Laurence Baker; Carol Stephenson; Jack Messamore; Rick Wagoner
NAYS: -0-
ABSENT: Barton Rigsby

APPROVED:

signature on file
President, Board of Trustees
Village of Colfax, Illinois

ATTEST:

signature on file
Village Clerk

PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 20th day of October, 2003.

APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 20th day of October, 2003.

 

CERTIFICATION OF ORDINANCE
PUBLISHED IN PAMPHLET FORM

STATE OF ILLINOIS   )
                              )SS
COUNTY OF Mc LEAN )

I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on October 20, 2003, the Corporate
Authorities of such municipality passed and approved Ordinance No. 2003-27 entitled "AN ORDINANCE AMENDING SECTION 13.07 OF
CHAPTER 13 OF THE COLFAX ZONING ORDNANCE OF THE
MUNICIPAL CODE OF THE VILLAGE OF COLFAX, Mc LEAN
COUNTY, ILLINOIS", which provided by its terms that it should be
published in pamphlet form.
The pamphlet form of Ordinance No. 2003-27, including the
Ordinance and a cover sheet thereof, was prepared, and a copy of such ordinance was posted in the municipal building, commencing on October 20, 2003, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.

Dated at Colfax, Illinois, this 20th day of October, 2003.

signature on file
Municipal Clerk, Village of Colfax

 

CERTIFICATION OF ORDINANCE

STATE OF ILLINOIS   )
                              )SS
COUNTY OF Mc LEAN  )

I Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 20th day of October, 2003
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In.Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 20th day of October,2003.

signature on file
Nancy Kiper, Clerk of the Village of Colfax,
McLean County, Illinois.

 

AN ORDINANCE AMENDING CHAPTER 13.7
OF THE COLFAX ZONING ORDINANCE

WHEREAS, it is believed that it is necessary to amend Chapter 13.7 of the ColfaX Zoning Ordinance of the Village of Colfax, McLean County, Illinois, passed, approved, and published January 5, 1976:
NOW THEREFORE, be it ordained by the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, as follows:
THAT Chapter 13.7 of the Colfax Zoning Ordinance of the Village of Colfax, McLean County, ThinS, passed, approved, and published January 5, 1976, be amended as follows:
13.7 Cost
To partially defray the expense of administering the Ordinance, a fee, where required shall be charged for each permit and collected by the enforcing officer who shall account for the same to the Village Treasurer.
A minimum fee of $5.00 shall be charged for each permit plus an additional $2.00 for each $1,000.00 improvement or fraction thereof.
THIS ORDINANCE shall take effect ten (10) days after passage and publication in pamphlet form under the authority of the Board of Trustees of the Village of Colfax, McLean County, Illinois, as provided by law.

PASSED and deposited and flied in the office of the Village Clerk this 4th day of December, 1994.

signature on file
Village Clerk

APPROVED this 5th day of Decmeber 1994.

signature on file
President

ATTEST:

signature on file
Village Clerk

VOTE:

YEAS: 4
NAYS: 0

PUBLISHED In pamphlet form by authority of the President and Board of Trustees of the Village of Colfax, McLean County, Illinois this 6th day of December, 1994.

EFFECTIVE: December 6th, 1994.

STATE OF ILLINOIS )
                              )SS
COUNTY OF MC LEAN )

I, CONNIE NEAVEILL, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance amending Chapter 13.7, Cost, in the Colfax Zoning Ordinance, constitutes a true. correct copy of said Ordinance, passed, approved, and published in pamphlet form on the 6th day of December, 1994.
I do farther certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my band and seal of the Village of Colfax, McLean County, Illinois this 6th day of December, 1994.

signature on file
CONNIE NEAVEILL, Clerk of the Village of Colfax,
McLean County, Illinois.

                                                                                                                                                                 

CHAPTER FOURTEEN
SUBDIVISION PLAT REGULATIONS
14.1 PRELIMINARY PLATS. Any owner or owners of a tract of land desiring to develop a subdivision shall comply with the provisions of the Subdivision Ordinance and this ordinance.
CHAPTER FIFTEEN
ENFORCEMENT
15.1 ENFORCING OFFICER. This ordinance shall be administered and enforced by the Zoning Enforcing Officer appointed by the President of the Board of Trustees and confirmed by the Board of Trustees, who is hereby designated and herein referred to as the Enforcing Officer.
15.2 DEPUTY ENFORCING OFFICER. A Deputy Enforcing Officer shall be appointed in the same manner as the Enforcing Officer and shall have the same powers and duties as the Enforcing Officer whenever the Enforcing Officer is unable to act for any reason, including his absence.
15.3 ACTIONS. Proper authorities of the Village or any person affected may institute any appropriate action or proceeding against a violator, as provided by Statute.
CHAPTER SIXTEEN
PENALTIES
16.1 PENALTIES. Any person, firm, or corporation, or agent, or employees of contractors of such who violate, disobey, omit, neglect, or refuse to comply with, or who resist enforcement of any of the provisions of this or dinance shall be subject to a fine of not more than two hundred dollars ($200.00) or imprisonment for not more than thrity (30) days, or both, for each offense, and said person, firm or corporation shall pay all costs and expenses involved in the case. Each day a violation continues shall constitute a separate offense.