All staff issued permits follow the type 1 process described in subsection 10-4-1C of this chapter; except, that site plans for development of nonresidential lots or parcels encompassing one hundred thousand (100,000) or more square feet of floor area in a single or multiple buildings shall be reviewed by the board of zoning appeals and planning.
A. Zoning/Change Of Use Permit:
1. Purpose:
a. Ensure that the proposed change of use complies with the provisions of this code, the comprehensive plan and other adopted plans;
b. Ensure that affected agencies may review the proposed change of use; and
c. Ensure compliance with applicable standards of the adopted building and fire codes.
2. Applicability: No land shall be occupied or used, and neither the use of land nor the use of buildings thereon shall be changed, altered or occupied, or used in whole or in part for any purpose, until a change of use permit is issued by the building official. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this title.
3. Application: Application shall be filed with the building official and shall be accompanied by a site plan prepared pursuant to subsection B of this section and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this title.
4. Review Criteria: Applications shall be approved by the building official if:
a. The use or development is on a legally created lot or parcel;
b. The use is authorized in the existing zoning district; and
c. The development complies with the standards and conditions of this title.
5. Validity: Change of use permits issued in accordance with the provisions of this section shall be void six (6) months from the date of issuance if the construction, alteration or use has not commenced.
B. Site Plans:
1. Purpose: Site plan review ensures that proposed development complies with this title. Site plan review shall consider the siting of proposed construction and its impact on topography, vegetation, adjacent development, improvements in the immediate area and the site plan's conformance to the goals, objectives and policies of the comprehensive plan and this title. The design shall discourage unnecessary grading and shall retain the natural character of the site including the preservation of trees and other natural features to the degree practical.
2. Applicability:
a. A site plan shall be required for all new construction, exterior additions or changes in use to any building, structure, land or parking lots. No zoning permit or building permit shall be issued for a development subject to site plan review until such site plan has been approved in accordance with this section.
b. When a conditional use permit application is reviewed, or when the final plan for a planned unit development is reviewed, the site plan application may be processed concurrently with those reviews.
c. The building official may waive the requirement for a site plan review for development within the scope of this section when such a waiver will not adversely affect the purposes and intents of this title, as evidenced by the following:
(1) Changes to conforming development not resulting in an increased parking demand or increased traffic generation; and
(2) Construction is limited to internal remodeling of a nonresidential structure projected to cost less than fifty thousand dollars ($50,000) or changes are limited to internal remodeling of a residential structure not creating additional bedrooms; and
(3) The building official finds that a site plan is not required to ensure compliance with adopted codes and plans.
3. Application And Procedure:
a. Site plans shall be reviewed and approved by the building official; except, that site plans for development of nonresidential lots or parcels encompassing one hundred thousand (100,000) or more square feet of floor area in one or more buildings shall be reviewed by the board of zoning appeals and planning as a type 4 process as described in subsection 10-4-1C1d of this chapter.
b. A site plan, including all information listed in the appendix to the ordinance codified herein, may be submitted for the entire development at one time or for individual development phases. When a site plan is submitted for an individual phase of a development on a single parcel, the applicant shall also prepare a conceptual site plan for the remainder of the parcel. The conceptual site plan shall indicate the approximate location of development on the remainder of the parcel, together with proposed driveways, streets and drainage system.
4. Review Criteria: The following determinations shall be made before approving the site plan:
a. The site is capable of accommodating the building(s), parking areas, driveways and open spaces, and is in compliance with all requirements of this title;
b. The site plan provides for ingress, egress and internal traffic circulation in conformance with the requirements of this title and other adopted codes and policies;
c. All development features, including the principal building and any accessory buildings, open space, service roads and parking areas are located in conformance with the requirements of this title and other adopted codes and policies; and
d. The plan is consistent with the comprehensive plan, and other adopted planning policies and design guidelines.
5. Decision Maker: The building official or board shall approve, approve with conditions, or deny approval of site plans, in conformance with the criteria established in subsection B4 of this section, as applicable.
6. Validity:
a. The approved site plan shall be kept on file by the city and shall lapse one year from the date of site plan approval, unless construction is commenced.
b. Site plan approval shall be valid as long as the applicant retains a valid building or zoning permit.
c. Site plan approval shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the application.
d. If engineering plans and profiles are required for the project, these shall be submitted to the building official.
e. Following approval of the site plan and any required plans and profiles, the building official shall issue building permits for construction in conformance with the approved site plan. Said permits may be revoked by the building official for failure to comply with the approved site plan, the conditions attached thereto, or other applicable regulations.
7. Appeal: Appeals of the decision of the building official shall be filed with the city clerk within thirty five (35) days of the decision.
C. Building Permits:
1. Purpose: The purpose of the building permit regulations is to ensure that all structures within the city comply with the provisions of this title and the applicable building code adopted by the city, other applicable adopted fire, life, safety, building and sanitary codes, and other adopted regulations of the city, county, state or federal agencies.
2. Applicability: No person shall construct or modify a structure until a building permit has been obtained from the building official. A building permit shall not be required for normal property maintenance that does not alter the structure.
3. Application And Procedures: A property owner or designated representative shall initiate building permit review by filing an application with the building official in conformance with the requirements listed in the appendix to the ordinance codified herein.
4. Review Criteria: The application shall indicate that:
a. The building will be constructed on a legally established parcel or lot;
c. All applicable local, state and federal permits have been issued or are in the process of being obtained;
d. All construction will comply with the adopted building code, fire code, electrical code, mechanical code and any other applicable codes and policies adopted by the city, county, state and federal agencies;
e. The applicant and subsequent property owners are responsible for maintaining landscaping and other site improvements in compliance with this title; and
f. The site will be developed and used in a manner that is consistent with:
(1) The land uses and intensities established in the comprehensive plan.
(2) The provisions of the adopted building code.
(3) The provisions of this title.
(4) The approved site plan for all development.
5. Decision Maker: The building official shall approve, conditionally approve or deny approval of all applications for building permits.
6. Amendments: Amendments to the building plans may be filed at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application. If the amendment changes the building footprint or affects the site plan design, an amended site plan shall be required.
7. Completion Of Buildings: Nothing contained in this section shall require any change in the plans, construction, size or designated use of a building, for which a valid permit has been issued or lawful approval given before the effective date hereof. Construction under such permit or approval shall be started within ninety (90) days and shall be completed within one year of permit issuance.
8. Condition Of Permit: All work performed under a permit issued by the building official shall conform to the approved application and plans, and approved amendments thereof. It shall be unlawful to reduce or diminish the area of a lot, unless a revised site plan showing the proposed change in conditions has been approved; provided, that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.
9. Signatures On Permit: The applicant and the building official, or his designee, shall sign the permit.
10. Posting Of Permit: A copy of the permit shall be kept on the premises open to public inspection during the work and until the completion of construction. The building official shall require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. The building official shall be given at least twelve (12) hours' notice of commencement of work under a permit.
11. Revocation: The building official may revoke a permit or approval issued under the provisions of this section in case there have been any false statements or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
12. Excavation Permit: No permit for excavation for any building shall be issued before application has been made for a building permit.
13. Validity: The building permit shall be valid for the use for which the building permit was granted, as long as the use is in compliance with applicable codes, providing that within six (6) months of issuance of the building permit a certificate of occupancy has been applied for and obtained by the applicant, unless the permit is granted an extension.
14. Appeals: Appeals of the adopted building codes shall be made to the appropriate board through the building official within thirty five (35) days of the building official's action.
D. Certificate Of Occupancy:
1. Purpose: The purpose of a certificate of occupancy is to ensure that all structures and uses of land comply with the permits issued for the development and with the provisions of this title.
2. Applicability: Certificates of occupancy shall be required for any of the following:
a. Occupancy and use of a building hereafter erected or structurally altered; or
b. Any change in the use of a nonconforming use.
3. Application: Certificate of occupancy applications shall be submitted to the building official and shall be submitted at the time of building permit application.
4. Content Of Certificate: The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building codes, health regulations and ordinances, and the provisions of these regulations. A record of all certificates shall be kept on file in the office of the building official and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.
5. Review Criteria:
a. Comply with all adopted building codes, fire codes, electrical codes, mechanical codes and any other applicable codes and policies adopted by the city.
b. Conform with the approved plans and any conditions placed thereon by the building official.
c. Successfully pass all required inspections, including, but not be limited to:
(1) Building.
(2) Site.
(3) Landscaping.
(4) Parking.
(5) Drainage and storm water detention.
6. Decision Maker: The building official shall approve, conditionally approve or deny approval of all applications for certificates of occupancy.
7. Issuance Of Certificate: The certificate of occupancy shall be issued within three (3) days after a final inspection.
8. Issuance Of Temporary Certificate Of Occupancy: If public improvements, landscaping and parking lot surfacing improvements cannot be completed due to inclement weather, the building official may issue a temporary certificate of occupancy (TCO) for a period not to exceed six (6) months; provided, that the applicant guarantees the full cost of installation at prevailing wages of all outstanding improvements with a bond, letter of credit or cash escrow. The applicant shall submit a written request for the TCO explaining the reasons for delay of completion of the work and the timetable for completion. The TCO shall not be construed, in any way, as altering the respective rights, duties or obligations of the owners. Such TCO shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. Construction guarantees shall be released when the city has accepted public improvements and signed off on final inspection of other improvements. Guarantees for landscaping shall be released two (2) years after installation of landscaping.
E. Home Occupation Permit:
1. Purpose: A home occupation permit is required to ensure that all home occupations are conducted in a safe manner without adverse affects on adjacent residences.
2. Applicability: No person shall conduct a home occupation until a home occupation permit has been issued.
3. Application: The applicant shall file a completed application with the building official describing the location and operation of the proposed home occupation in sufficient detail to ensure that the occupation will be conducted in accordance with the home occupation regulations in section 10-7-6 of this title.
4. Review Criteria: The application shall be approved if the proposed home occupation will be conducted in conformance with the home occupation standards established in section 10-7-6 of this title.
5. Decision Maker: The building official shall approve, conditionally approve or deny approval of all applications for home occupation permits.
6. Validity: The permit shall be valid for a period of one year.
F. Sign Permits:
1. Purpose: The sign permit ensures that all signs are safely constructed and comply with the provisions of this title, applicable building codes and any other applicable regulations.
2. Applicability: No person shall erect, place or locate a sign, or alter a nonexempt sign within the city until a sign permit has been obtained from the building official. A sign permit shall be required for all signs except as exempted by section 10-10-7 of this title.
3. Application And Procedures: A property owner or designated representative shall initiate site plan review by filing an application with the building official in conformance with the requirements listed in the appendix to the ordinance codified herein.
4. Review Criteria: All signs shall be designed and constructed in accordance with the requirements of chapter 10 of this title, the city's adopted building and electrical codes, and applicable standards of this title. Signs regulated by 225 Illinois Compiled Statutes 440/1 et seq., highway advertising control act of 1971, shall comply with the standards of that statute and provide proof thereof.
5. Decision Maker: The building official shall approve, conditionally approve or deny approval of all sign permits.
6. Validity: The sign shall be completed within six (6) months, or as otherwise indicated in the sign permit. If construction of the sign has not commenced within this time period, the permit shall be no longer valid and a new sign application shall be required. The sign permit shall be valid as long as the use and sign are in compliance with applicable codes.
G. Access Permits:
1. Purpose: An access permit shall be required for any development or use within public right of way to ensure that the use is conducted safely.
2. Applicability: No structure (e.g., buildings, driveways, fences, irrigation facilities, culverts and signs) shall be constructed and no use established within a public right of way without an access permit.
3. Application: The applicant shall file a completed application with the building official describing proposed structure or use in sufficient detail for the public works director to evaluate the impacts of the proposed structure or use on the public health, safety and welfare.
4. Review Criteria: The public works director may approve an application for an access permit using the following criteria to find that:
a. There will be benefits for the community or area by granting the proposed access permit;
b. There is a community need for the private development proposed for city property;
c. The proposed use will not negatively impact access, traffic circulation, neighborhood stability or character, sensitive areas such as floodplains or natural hazard areas; and
d. The proposed use is in conformance with the requirements of this title and all applicable city policies.
5. Decision Maker: The public works director shall approve, approve with conditions or deny all access permits.
6. Validity: An access permit shall be valid for the term approved by the public works director; provided, that if the structure is not constructed or the use is not established within six (6) months of issuance, the permit shall be void. The applicant shall notify the public works director twenty four (24) hours prior to initiation and upon completion of any work subject to an access permit. (Ord. 03-O-9, 3-18-2003)