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(A) The Building Inspector shall be the village official who shall have the duty of enforcing all village building and housing regulations, if any.
(B) He or she shall inspect all buildings repaired, altered, built or moved in the village as often as necessary to ensure compliance with all village ordinances. He or she shall have the power and authority to order, at the direction of the Board of Trustees, all work stopped on any construction, alteration or relocation which violates any provisions prescribed in any village building and housing regulations. He or she shall, at the direction of the Board of Trustees, issue permission to continue any construction, alteration or relocation when the Board of Trustees is satisfied that no provision will be violated. If the stop order is an oral one, it shall be followed by a written stop order within one hour. This written order may be served by any village police officer.
(C) In the event that the village has building and housing regulations and the Board of Trustees fails to appoint a Building Inspector, the chief village law enforcement officer shall be the Building Inspector ex officio.
(1995 Code, § 9-101)
It shall be unlawful for any person to refuse to allow the Building Inspector entry into any building or structure where the work of construction, alteration, repair or relocation is taking place, for the purpose of making official inspections at any reasonable hour.
(1995 Code, § 9-102) Penalty, see § 10.99
In the event it is claimed that the true intent and meaning of any village building or housing regulation has been wrongly interpreted by the Building Inspector, that the time allowed for compliance with any order of the Building Inspector is too short, or that conditions peculiar to a particular building make it unreasonably difficult to meet the literal requirements prescribed by the regulation and by the Building Inspector, the owner, his or her agent, or the occupant may file a notice of appeal within ten days after the decision or order of the Building Inspector has been made. The Board of Trustees shall hear all appeals and shall have the power and authority, when appealed to, to modify the decision or order of the Building Inspector. Such a decision shall be final, subject only to any remedy which the aggrieved person may have at law or equity. Applications for review shall be in writing and shall state the reasons why the variance should be made. A variance shall be granted only where it is evident that reasonable safety and sanitation is assured and may include conditions not generally specified by the building or housing regulation to achieve that end. A copy of any variance so granted shall be sent to both the Building Inspector and the applicant.
(1995 Code, § 9-103)
(A) Any person desiring a building permit to commence or proceed to erect, construct, perform any structural repair or relocate any building, dwelling, fence, or wall, or cause the same to be done shall file with the Planning Commission an application therefor in writing on a form to be furnished by the Commission for that purpose.
(1995 Code, § 9-104)
(B) (1) The Board, in conjunction with the county’s Board of County Commissioners has determined that the village will have a Deputy County Zoning Administrator who shall handle all applications for building permits within the village.
(2) The Board has determined that a fee shall be charged for all applications for building permits within the village, which shall be and become part of the fee schedule set out in § 34.31 of this code of ordinances and kept at the office of the Clerk. The fee for building permits may be amended by resolution of the governing body and kept at the office of the Clerk.
(Ord. 87, passed 2-11-2015; Ord. 2018-03, passed 7-11-2018)
(A) Fences in residential zoned areas.
(1) All fences or walls which will be constructed in residential zoned areas must comply with the fence/wall ordinance in effect for residential zoned areas at the time of issuance of the fence/wall building permit as herein defined. A fence/wall building permit will be granted, provided that the requested fence/wall is in compliance with this section, as amended from time to time, and such other established standards and regulations.
(2) All fence/wall building permit application requests and authorized construction in residential zoned areas shall require the following inspections by the Deputy Zoning Administrator or other authorized village official:
(a) An initial inspection before any construction begins and before the village issues said fence/wall building permit;
(b) A second inspection when the corner posts are in place, if deemed necessary by the Deputy Zoning Administrator; and
(c) A final inspection when the fence/wall construction is complete, if deemed necessary by the Deputy Zoning Administrator.
(3) (a) If the fence/wall being requested runs parallel to an abutting property, the fence/wall shall be constructed immediately inside the applicant's property line; provided, however, that the applicant may have the fence/wall constructed upon the common boundary line of the two properties upon presentation of a written agreement signed by all affected property owners consenting to having the fence constructed on the common boundary line. If the applicant desires to construct a fence/wall in such a manner as to connect to a fence/wall located on an abutting property, the applicant must first present a written agreement signed by all affected property owners consenting to having the fence constructed in such a manner.
(b) If the property owner requesting a fence/wall building permit is on property which has an alley, that fence/wall shall be located not less than 14 feet from the center of the alley or four feet inside of property owner's property line for purposes of access and safety.
(c) 1. If the property owner requesting a fence/wall building permit has a sidewalk in the front of the property or has both a front sidewalk and a sidewalk on the side (for example, as on a corner lot), that fence/wall shall be located 18 inches or more inside the sidewalk or at least 16 feet 6 inches from the back of the curb, whichever distance is the greater distance from the middle of the street.
2. If the property for which a fence/wall building permit is requested does not have a sidewalk, then the fence/wall location shall be located not less than 16 feet 6 inches from the back of the curb.
3. If the property for which a fence/wall building permit is requested does not have a sidewalk or curb, then the fence/wall shall be located not less than 18 inches inside of the line where the sidewalk would be located, or 16 feet 6 inches from the back of the curb, if it existed, whichever distance is the greater distance from the middle of the street.
(4) Residential fence/wall construction.
(a) No fence or wall shall be permitted in a front yard which shall materially obstruct public view. Permitted types of fences shall include split rail, chain link, or any other see-through type of fence material.
(b) All fences, walls, or parts thereof shall be constructed so that all posts, braces, stringers, and any other structural members shall face to the interior of the lot or parcel being fenced.
(c) No fence or wall shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals by intent of its construction or be dangerous from inadequate maintenance. No fences or walls are permitted which shall carry any type of electrical charge.
(d) No fence or wall within residential zoned areas shall be constructed of a height greater than six feet.
(e) Residential fence/wall height. Any fence or wall of which proposed construction will be located in the front of the residence shall be no higher than 36 inches from the top of the curb to allow for vision of vehicles entering/exiting driveways, except for corner lots which will be restricted to heights of not more than 30 inches from the top of the curb to the top of the fence/wall to allow for corner traffic vision (see division (C) regarding vision clearance area). The 36 inch height restriction shall run a distance equal to the distance from the front property line back to the front of the residence. If there is no residence on the property making a fence/wall construction request, said fence shall be height restricted to 36 inches back 45 feet from the back of the curb, except on corner lots where height is restricted to 30 inches from the top of the curb to the top of the fence/wall back 45 feet from the back of the curb.
(f) No fence or wall shall be constructed on a corner lot which will constitute a traffic hazard as identified in the site triangle of a corner lot as shown in the sight triangle in the vision clearance area in division (C) of this section.
(B) Fences/walls in commercial or industrial zoned areas.
(1) All fences or walls which will be constructed in commercial or industrial zoned areas must comply with the fence/wall ordinance in effect for commercial or industrial zoned areas at the time of issuance of the fence/wall building permit as herein defined. A fence/wall building permit will be granted, provided that the requested fence/wall is in compliance with this section, as amended from time to time, and such other established standards and regulations. The application for said permit must be accompanied by a survey setting forth the legal boundaries of the property.
(2) All fence/wall building permit authorized construction in commercial or industrial zoned areas shall require the following inspections by the Deputy Zoning Administrator or other authorized village official:
(a) An initial inspection before any construction begins and before the village issues said fence/wall building permit;
(b) A second inspection when the corner posts are in place, if deemed necessary by the Deputy Zoning Administrator; and
(c) A final inspection when the fence/wall construction is complete, if deemed necessary by the Deputy Zoning Administrator.
(3) Maximum heights of fences/walls shall be eight feet except when industry standards for certain types of businesses require fences/walls of greater heights, the Village Board may, at its sole discretion, allow greater heights.
(4) Fences/walls in commercial and industrial zoned areas shall be set back not less than 18 inches from the property line or from the sidewalk, whichever is the greater distance from the middle of the street.
(5) If the fence/wall being requested runs parallel to an abutting property, the fence/wall shall be constructed immediately inside the applicant's property line; provided, however, that the applicant may have the fence/wall constructed upon the common boundary line of the two properties upon presentation of a written agreement signed by all affected property owners consenting to having the fence constructed on the common boundary line. If the applicant desires to construct a fence/wall in such a manner as to connect to a fence/wall located on an abutting property, the applicant must first present a written agreement signed by all affected property owners consenting to having the fence constructed in such a manner.
(C) Vision clearance area - all zoning districts. All zoning districts shall have, in all zoning classification, except where buildings have or are on the property line, a continuous unobstructed sight distance for safe traffic operations. No fence obstruction shall exist with a height greater than 36 inches within the vision clearance area from the elevation of the top of the curb. In the event that there is no curb, the measurement will be made from the edge of the driving surface.
(Ord. 2018-03, passed 7-11-2018)
CODES ADOPTED
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