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(A) Upon receipt of an application for a building site approval which satisfies the requirements set forth in § 155.040, the Building Commissioner shall, within 5 days, establish a date for a Building Site Committee inspection of the site.
(B) The Building Commissioner shall notify the applicant of the meeting date no later than 25 days thereafter.
(C) The applicant and his or her architect/engineer shall meet with the Building Site Committee at the property for the purpose of review, familiarization and comment regarding the proposed construction work.
(D) In no event shall the Building Site Committee be required to render professional architectural or engineering services.
(Ord. 208, passed 12-19-1983)
(A) The Building Site Committee shall approve, request further information or disapprove a building site plan within 15 days following the site review required in § 155.041 by a majority vote of the members of the committee.
(B) The approval or disapproval shall be based on the following standards:
(1) Whether there is an alternative building site on the property which would adapt to the requirements of this chapter, both during construction and after construction, so long as a compliant structure can be constructed;
(2) If there is a steep slope on any set back, required under this chapter, no construction activities, including the removal of trees or vegetation, shall occur within the side or rear yard setbacks;
(3) The applicant’s plans adapt to, and minimize disturbance of, the natural terrain, trees and other vegetation;
(4) The applicant’s plans adapt to the topography of the property with minimum alterations of the building site; and
(5) The applicant’s plans avoid excessive similarity, dissimilarity or inappropriate in exterior design in appearance of buildings, awnings, signs, fences and other structures. The determinations shall be made with respect of 1 or more of the following features:
(a) Apparently identical facade in relation to any other structure existing or for which a permit has been issued within a distance of 1,000 feet of the proposed site including substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the facade facing the street including a reverse arrangement thereof;
(b) Other significant design features such as but not limited to roof line, height of building, construction, material or quality of architectural design;
(c) Location and elevation of building upon the site in relation to topography of the site; and/or
(d) Inappropriateness in relation to any other property of the same or adjoining district of design, landscaping, building materials in use thereof, orientation to site or placement of parking, storage or refuse areas.
(C) If the application is disapproved, the Building Commissioner shall indicate the reasons by certified letter to the applicant. In any case where disapproval is based on considerations of a steep slope the Building Commissioner shall prepare a report summarizing the concerns and issues resulting from the applicant’s plans as related to the steep slope and shall include the report with the records for the site plan application. The Building Commissioner shall maintain records of all actions on site plan applications.
(D) If the application is approved, the applicant shall be bound to the site plan in all details and respects as set out in the site plan application, including any revisions or amendments thereto approved by the Building Site Committee in writing, and if required by the Building Site Committee because of exceptional circumstances, shall post a $10,000 cash or performance bond guaranteeing compliance with the site plan application and guaranteeing restoration of town streets to the condition detailed in the street inventory described in § 155.056(B)(8).
(E) If the application is approved, all contractors who will perform any activity related to the application shall comply with § 155.067.
(F) At time as all required excavations on the property have been completed and all final grades established, and the applicant has presented the Building Commissioner with a final street inventory release form prepared by a representative of the Street Department confirming that the requirements of this chapter have been fully complied with and all necessary repairs have been completed, the Building Commissioner shall release the bond and return any cash bond to the applicant.
(G) In no event shall any building permit for improvements requiring site plan approval be granted until site plan approval has been granted; nor shall the Board of Zoning Appeals grant any variance, special exception or special use with respect to the affected property until that Board has first received the report of the Building Site Committee.
(Ord. 208, passed 12-19-1983; Am. Ord. 09-12, passed 11-16-2009; Am. Ord. 11-11, passed 9-19-2011; Am. Ord. 2021-09, passed 7-20-2021)
SPECIFIC REGULATIONS AND REQUIREMENTS
(A) No person, persons, firm or corporation or similar entity shall begin any improvement, construction, reconstruction, or repair of any existing or new building or structure or cause the same to be done without a separate building permit for each building or structure issued by the Building Commissioner, except in the case of a residential unit accompanied by an unattached garage only 1 permit shall be required.
(B) No land shall be excavated or changed in use without a building permit issued by the Building Commissioner.
(C) Activities requiring a building permit, include but are not limited to:
(1) Installation or construction of retaining walls, fences or swimming pools (above and in-ground);
(2) Installation or construction of a shed, gazebo or shelter regardless of whether or not it is permanently affixed to the ground;
(3) Installation or construction of a driveway, deck, porch, carport, garage or room addition;
(4) Construction, reconstruction, repair, moving or demolition of a building or structure; and
(5) Alteration or remodeling of an existing building or structure that includes any changes in structural members, stairways, load bearing components, electric service, plumbing, means of ingress and/or egress, or any other change(s) affecting or regulated by the Building Code or Sanitary Code, except for minor repairs or changes not involving any of the aforesaid provisions.
(D) No building permit shall be required to repair roofing, gutters, siding or windows, providing no change is contemplated to the load bearing components or the facade of the structure being repaired or modified. All installations, repairs and modifications must be in conformance with all provisions of this chapter regardless of whether a building permit is required.
(E) A permit shall be issued by the Building Commissioner upon finding that the proposed work complies with the requirements of this chapter or upon written order from the Board of Zoning Appeals deciding an appeal, special exception, or variance.
(F) No permit shall be issued prior to the payment of the required fee to the Clerk-Treasurer of Beverly Shores as specified in § 155.065.
(G) As specified in § 155.064(E)(3), no building permit shall be issued for a property upon which a tree removal violation has occurred for a period of 1 year from the year of the last violation. Furthermore, no building permit shall be issued for a property upon which a tree removal violation has occurred until all unpaid tree removal fines have been paid.
(H) After the issuance of any building permit the Building Commissioner shall make, or shall cause to be made, inspections of the work being done as are necessary to ensure full compliance with the provisions of this code and the terms and conditions of the building permit, including, without limitation, prior to the footers and prior to foundation walls being poured, before drywall is installed and prior to the issuance of a certificate of occupancy.
(Ord. 11-21, passed 11-21-2011; Am. Ord. 2014-04, passed - -; Am. Ord. 2016-11, passed 12-19-2016; Am. Ord. 2021-09, passed 7-20-2021) Penalty, see § 155.999
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