(A) Demolition. No person, firm or corporation shall raze or demolish or remove a building or other structures, or part thereof, without applying for and obtaining a permit therefor from the Zoning Inspector. This permit is separate from those required for construction or other work regulated by any Building Code.
(B) Significance. For applications proposing the demolition or moving of a building, the Commission shall determine whether the proposed action will significantly detract from the village’s architectural and design character. The Commission shall consider both the intrinsic significance of the building and its significance to adjoining properties and the village overall. INTRINSIC SIGNIFICANCE is the overall value of the building or structure in consideration of its age, history, condition, cultural affiliation, human safety and contribution now or in the future to the economic vitality of the village.
(C) Approval. If it is determined that the demolition proposal shall not significantly detract from the village’s architectural and design character, the Commission shall make written recommendation of approval of the application. If the Commission determines otherwise, it shall make a finding of “delayed approval”, not to become effective for a period of 120 days. This time period is provided to permit the village, public agencies, civic groups and other interested parties a reasonable opportunity to seek alternatives to the proposed action. Alternatives might include acquisition or moving of a property to be demolished. If “delayed approval” is granted but no alternative is deemed prudent or advisable at the conclusion of 120 days, the demolition permit shall be considered approved and the Zoning Inspector shall so indicate through his or her endorsement upon the plans and specifications submitted.
(D) Authority. A demolition permit issued shall be construed to be a license to proceed with the work. It shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of any building code or other applicable laws, ordinances, rules or regulations, nor shall such issuance of a permit prevent the Zoning Inspector from thereafter requiring a correction of errors in plans or in construction or of violations of any Building Code or of other applicable laws, ordinances, rules or regulations. When the demolition permit is issued, the Zoning Inspector shall endorse in writing or stamp on all application pages or plans “approved” with the date, signature and reference to the Commission’s date of final decision. The Zoning Inspector shall retain a copy of the approved plans for the village’s records.
(E) Time limitation and completion. The approval of specifications for demolition is invalid if demolition and construction or other work upon the property has not commenced within six months of the date of approval of the permit. If in the course of demolition, work is delayed or suspended for more than six months, the approval of the plans and specifications shall expire and before any work may resume, the owner of the building or structure shall resubmit the plans or specifications for approval pursuant to this subchapter. If construction on the lot where the demolition occurred does not commence within 30 days, the owner must clear all remaining debris, fill any holes left by the demolition and landscape the lot in an attractive manner by at least planting grass over the entire empty lot.
(F) Protection of party walls and adjoining buildings.
(1) Whenever a building or other structure on one side of a party wall is removed, existing party walls shall be maintained in a safe, weatherproof condition by and at the expense of the person causing the building or other structure to be removed. Temporary or permanent bracing shall be provided, as necessary for maintaining the stability of such party wall or adjoining building, whenever such stability is endangered by the removal of a building or other structure, or part thereof. Open beam holes in party walls exposed by removal of a building or other structure, or part thereof, shall be closed with approved masonry by and at the expense of the person causing them to be exposed.
(2) Whenever any building or other structure is to be carried above the roof of an adjoining building, protection for skylights, roofs and roof outlets of such adjoining building shall be provided by and at the expense of the person constructing or causing such building or other structure to be carried above the roof of the adjoining building, provided he or she is granted written permission to enter the adjoining premises for that purpose.
(3) No accumulation of water that may undermine foundations or enter the basement or cellar of adjoining property, or result in other injury to adjoining property, shall be permitted in any excavation.
(G) Cleaning of debris, deposit and fee. Prior to the commencement of any demolition of any structure or building on any private property by any person, firm or corporation, other than the owner of the property himself or herself, the owner or lessee of the property or the contractor engaged in such work shall obtain an endorsement upon its demolition permit from and make a deposit of that amount determined by the Zoning Inspector by cash or certified check with the Zoning Inspector. Such endorsement and deposit shall be in addition to any other requirement. See § 155.308 for the list of fees. During the period of demolition, the street pavement, tree lawns and sidewalks shall be kept clean of all dirt and other debris caused by or arising from such work. In default thereof, and after reasonable notice to the holder of the demolition permit, the village shall perform such cleaning and charge the cost thereof to the deposit herein before provided. Any amount expended by the village which exceeds the cost of completing demolition or cleaning shall be charged to the holder of the demolition permit. After completion of such work and upon a determination by the Zoning Inspector that such areas are free of dirt and other debris, such deposit, less the cost of cleaning work performed by the village and less a $10 endorsement fee, shall be returned to the depositor thereof.
(H) Work started without permit. Where work for which a demolition permit is required is started prior to obtaining such permit, all of the fees normally required shall be doubled, but the payment of such double fees shall not relieve any person from fully complying with the requirements of this subchapter or any other ordinance, statute or regulation. Such unpermitted work shall be stopped until the appropriate permit is obtained.
(Ord. 1999-03, passed 3- -1999; Ord. 2013-04, passed 2-4-2013)