§ 158.016 BUILDING ERECTION AND CONSTRUCTION REQUIREMENTS.
   (A)   Permits. No application for a building permit zoning certificate shall be approved by the Zoning Administrator, and no permit or license shall be issued by any other village department which would authorize the use or change in use of any land or building contrary to the provisions of this chapter, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter.
   (B)   Building construction; compliance with district limitations. No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height or bulk, or smaller open space about it than permissible under the limitations set forth in this chapter for the district in which such building is located.
   (C)   Building construction; open space requirements. No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard, or court or other open space, or lot area requirements shall thereafter, by reason of change in ownership, be used to satisfy the yard, open space of lot area requirements of any other building or dwelling group.
   (D)   Building construction; usable open space. No usable open space or off-street parking space or loading space existing or provided for any building shall be reduced below the minimum requirements set forth in this chapter for such usable open space, parking space, or loading space, nor further reduced if already less than such minimum requirements.
   (E)   Lot area and dimension. Any single lot or parcel of land which was of record on July 1, 1982, that does not meet the requirements for yards or usable open space, may be utilized for a permitted use; provided, that front and rear yards are not less than 75% of the required minimum and that side yards shall not be not less than three feet.
   (F)   Building location. Except as otherwise provided for in this chapter, every building shall be constructed or erected upon a lot, or parcel of land, which abuts upon a public, fully dedicated street or permanent easement of access to a public street.
   (G)   Buildings under construction. Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of the ordinance and upon which building construction is diligently carried on; provided, that such building shall be completed within one year from the date of passage and publication of the ordinance.
   (H)   Accessory buildings. Conformance to regulations applicable to main buildings. Where an accessory building is structurally attached to a main building, it shall be subject to, and must confirm to, all regulations pertaining to the main building.
   (I)   Accessory building placement. An accessory building may not be located nearer to any interior lot line than that permitted for the main building, when any part of the accessory building is on line with the main building if extended. However, subject to restrictions on buildings with easement when an accessory building is located in the rear yards it may then be located within three feet of an interior lot line, but not nearer than five feet of the rear lot line.
   (J)   Accessory building, construction prior to that of main building. An accessory building shall not be erected more than 60 days prior to the establishment or construction of the main building to which it is accessory.
   (K)   Accessory building, prohibited locations. No accessory building shall be located on a reversed corner lot beyond the front yard required on the adjacent lot to the rear, nor be located nearer than three feet to the side lot line of the adjacent lot.
   (L)   Excavation, zoning certificate. The excavations from or deposits on the earth of rock, stone, gravel, sand, earth, minerals, or building or construction materials shall not be construed to be permitted use in any district established by this chapter unless and until a land use zoning certificate has first been secured therefore, except for the following defined extractions and deposits:
      (1)   Excavations for the foundation or basement of any building or for a swimming pool for which a land use permit or a building permit has been issued, or deposits on the earth of any building or construction materials to be used in a structure for which such zoning permit and building permit has been issued.
      (2)   Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than ten feet in vertical height, or when less than 1,000 cubic yards of earth is removed from the premises.
      (3)   Grading in a subdivision which has been approved by the village in accordance with the village subdivision regulations and any amendments thereto.
      (4)   Excavation by any public agency or public utility for the installation, operation, inspection, repair or replacement of any of its facilities.
(Ord. 96-54, passed 3-26-96)