(a) When Permit Required: Before proceeding with the erection, construction, alteration, addition, repair, removal or excavation of any building or structure in the village, a permit for such erection, construction, alteration, addition, repair, removal or excavation shall first be obtained by the owner or his agent from the building commissioner as provided herein. As evidence that such permit has been issued, the building permit card must be posted on the street side of the building when excavation is started, kept posted during the entire time of construction, and for ten (10) days after completion of the building.
(b) Time Limit Of Permit: If, after such permit shall have been granted, the operation covered by the permit shall not be begun within six (6) months after the date thereof, or if such operations are not completed within one year from such date, then such permit shall expire by the terms thereof, and no operations thereunder shall be begun or completed until a renewal of the permit shall be obtained, as provided in subsection (h) of this section.
(c) Permit Waived For Ordinary Repair Work: A permit will not be required for ordinary repair work incidental to the upkeep of a building or structure, provided there is not contemplated, nor involved, any change in the classification or use or any increase in the fire hazard thereof; nor the removal or installing of any external wall; nor the removal of any supporting wall, column, poles, truss, girder or beam; nor the installing, closing or changing of any stairs, exits, scuttles, skylights or fire escapes; nor changing the number, location or connections of the fixtures, traps, vents, waste, soil or drainpipes of the plumbing system; nor changing the number, location or connections of the electrical system; nor reshingling or recovering of roofs or the renewing of the exterior woodwork of any frame building, structure or portion thereof. Nothing in this subsection shall be interpreted or construed to allow any work included in the permit exemptions thereof to be done in any manner contrary to the requirements of the building code and other laws of the village.
(d) Application For Permits; Plans:
(1) Application for building permits shall be made by the owner or his agent to the building commissioner on forms prepared and kept on file in the office of the building commissioner. Such application shall describe the location of the proposed work by setting forth the correct legal description of the land upon which the building, structure or part thereof is to be erected, constructed, added, altered or repaired and the street name and number assigned to the site; the purpose for which the building or structure is designed to be used; the length, width and height thereof, the number of rooms; the total cost of the work proposed to be done under the permit sought; the name and address of the owner or his authorized agent or architect; the names of the licensed general contractors and subcontractors such as mason, carpenter, sewer builder, plumber, heating and air conditioning contractor, fire sprinkler contractor, fire alarm contractor, and electrician. The application for a building permit shall also be accompanied by a plat of survey, showing the proposed location of the building to be erected on the lot, piece or parcel of land. The application shall also contain an agreement to be signed by the owner, his agent or architect conditioned that he or his duly authorized agent or architect, if granted the permit sought, will construct the work in accordance with the description set forth in the application and accompanying plans and specifications.
(2) Application for building permits shall be accompanied by plans and specifications which shall be sufficiently complete that the proposed structure could be constructed therefrom by a competent contractor, builder or engineer, without further direction of any kind.
(3) All such plans and drawings shall be drawn to the scale of not less than one quarter of an inch to the foot (1/4":1') on paper, in ink, or by some process that will not fade or obliterate. All distances and dimensions shall be accurately figured, and drawings made explicit and complete, showing the lot lines and the location of the exterior lines of the building in relation thereto, and the entire ventilating, sewerage and drainpipes and the location of all plumbing fixtures within such building.
No person shall be granted or plans approved unless such plans are made and signed by such persons, licensed or registered architects or registered structural engineers, as are permitted under the statutes of the state to make plans for buildings.
True copies of so much of the plans as may be required, in the opinion of the building commissioner, to illustrate the features of the construction and equipment of the building referred to, shall be filed with the building commissioner, and shall remain on file in his office for a period of six (6) months after the occupation of such building, after which such plans may be returned only to the person by whom they have been deposited with him, upon demand. It shall not be obligatory upon the building commissioner to retain such plans in his custody for more than six (6) months after the occupation of the building to which they relate.
Complete plans and specifications of buildings for public or business use for which permits are granted shall remain on file permanently in the building commissioner’s office.
In all cases, the approved plan or plans, together with building permits, must be kept on the premises while the work is in progress.
(4) The building commissioner shall not issue any permit authorizing the erection, construction, alteration, addition or repair of any building or structure unless the plans submitted for his approval clearly show that such building or structure with all its appurtenances, foundations and attachments can be erected entirely within the limits of the lot or tract of land upon which it is proposed to erect such building or structure, except as provided by the building code and chapter 12 of this code, and no permit to construct or alter any building or structure shall authorize the use of any part of any public highway or other public ground unless permits therefor have been obtained from the village board pursuant to an ordinance specifically authorizing the same, nor, in the case of subdivisions where no alleys are provided to service the lot, shall a permit be issued unless the building or structure is so constructed on the lot to provide room for a side drive.
(5) A contour map of the proposed lot or lots based upon a permanent bench mark which can be reproduced at any time during or immediately following completion of construction shall be submitted with the application for building permit. This contour map shall show the following:
a. Foundation elevations of any existing adjacent buildings and dimensions to the buildings.
b. Street and ditch elevations existing prior to construction.
c. If the proposed lot or lots are located in a flood zone, an elevation certificate shall also be provided.
(e) Issuance Of Permits:
(1) Permits authorized to be issued and required to be obtained under this division shall be promptly issued by the building commissioner when the application, approval of plans, filing of frontage consents (if any required) and giving of notices are all completed as in this division. But this shall not be construed to deny to the building commissioner ample time to investigate any matters.
(2) No permits herein provided to be issued for the erection, construction, alteration, addition, repair or excavation for any wall, structure, building or any portion thereof, for which a fee is prescribed by this division shall be in force until the fees prescribed therefor shall have been paid.
(f) Alterations In Plans: It shall be unlawful to alter or in any way modify plans which have been approved by the building commissioner, as hereinbefore provided. If, during the progress of such work, it is desired to deviate, in any manner affecting the construction or other essentials of the building, from terms of the application or drawing, notice of such intention to alter or deviate shall be given to the building commissioner, and his written assent shall first be obtained before the alteration or deviation may be made. Alterations in buildings which do not involve any change in their structural parts, or of their stairways, elevators, fire escapes or other communications of ingress or egress, or in lighting or ventilation or in plumbing or electric wiring, and that are not in violation of any of the provisions of this division, or the provisions of chapter 12 of this code, may be made without the permission of the building commissioner.
(g) Temporary Permit: Where in the judgment of the building commissioner it is justified, the building commissioner may authorize building operations to commence and proceed for such limited time, not exceeding ten (10) days, and the building commissioner may deem and fix as sufficient to allow the owner, his architect or authorized agent to complete the filing of detailed plans and other data required for the issuance of the final permit. The applicant for a temporary permit shall furnish the building commissioner with sufficient plans and data to enable the building commissioner to determine that the work to be commenced, and proposed subsequently to be done, is of a lawful nature. Temporary permits shall be revocable at the will of the building commissioner.
(h) Permit Fees: The fees to be charged for building permits for erecting, altering, repairing or adding to buildings shall be paid to the village before issuance of any permits provided herein and as follows:
(1) For buildings, structures and additions of property located in zoning districts R-1 and R-2, shall be as set forth in section 13-1 of this code with a minimum fee as set forth in section 13-1 of this code.
(2) For buildings, structures and additions of property located in zoning districts R-3, B-1, C-1, I-1, I-1-R and I-2 in accordance with the fees in section 13-1 of this code.
(3) For residential garages only, shall be as set forth in section 13-1 of this code which shall include electrical work.
(5) For certificate of occupancy, shall be as set forth in section 13-1 of this code for garages only. Occupancy bonds shall be refundable upon appropriate completion of the project subject to final inspection by the appropriate authority. The full amount of the cash bond or equivalent shall be forfeited to the village at the rate of ten percent (10%) of such deposit per day that this section has been violated.
(6) For miscellaneous building permits, including but not limited to, foundation installment; shingle roof repair or replacement; flat roof repair or replacement; siding; gutters; soffit and fascia; window and door replacement; furnace installation; air conditioning installation; fireplace installation; concrete flat work (patios, aprons, and stoops), and placement of dumpsters; the permit and inspection fee shall be as set forth in section 13-1 of this code.
(7) At the time a foundation permit is applied for, the applicant shall post a cash bond as set forth in section 13-1 of this code. At time of completion of the foundation, all work will cease, until a spot survey has been submitted to the village engineer for approval and said approval has been acknowledged by the building commissioner.
Additionally, the building commissioner shall require a copy of the approved spot survey and shall review and confirm the approval of the village engineer before work may proceed and the portion of the bond associated with the foundation is released.
If the spot survey is found to be in error, all monies will be forfeited to the village and either removal of the foundation or submittal of a petition for variance of zoning may be required, at the option of the village.
(8) In addition to the permit fees named in this section, there shall be paid such charges for water, used in connection with building operations, as are fixed by the schedule of water rates in force, or as the same may be amended from time to time by the board of trustees.
(9) For renewal of a building or foundation permit issued as herein provided and which has expired by the terms thereof as provided for in subsection (b) of this section, payment of an additional fee of fifty percent (50%) of the original fee shall be required.
All fees shall be forfeited to the village upon expiration of the permit and within six (6) months thereafter either: a) a failure to commence operations, b) a failure to renew permit, or c) a failure to file a request for permit fee refunds.
(i) Issuance Denied To Violators: No person applying for a building permit under the provisions of this division shall be entitled to the issuance of a building permit if such person shall be in violation of any of the provisions of this code, including this division or any provisions of the zoning chapter or shall be indebted unto the village in any amount.
(j) Surety Bond (License Or Permit Bond): (Repealed)
(k) Penalty: Any owner or agent who is required to obtain a permit under subsection (a) of this section and begins any work prior to obtaining said permit shall pay a penalty to the village in the amount of twice the permit fee specified in subsection (h) of this section, unless the permit fee is over one thousand dollars ($1,000.00), then the penalty shall be limited to fifty percent (50%) of the permit fee, exclusive of other costs or cash donations. The permit shall not be issued until the original permit fee plus the penalty is paid in full to the village.
(l) Building Development Fee: Each applicant for a building permit of new construction, or for a tear down/rebuild, or for conversion of any unit from multi-family to single-family, or vice versa, shall, prior to the issuance of such building permit, pay in addition to the amounts specified elsewhere in this article, the amount as set forth in section 13-1 of this code.
(Ord., 8-5-1965; Ord. 70-10, 7-16-1970; Code 1972, § 4-1-2; Ord. 74-3, 2-7-1974; Ord. 74-14, 7-18-1974; Ord. 86-8, 3-10-1986; Ord. 86-35, 11-8-1986; Ord. 86-45, 12-29-1986; Ord. 91-16, § 1, 6-24-1991; Ord. 91-29, § 1, 9-9-1991; Ord. 93-16, § 1, 7-12-1993; Ord. 93-30, §§ 2-4, 9-13-1993; Ord. 94-6, §§ 1, 2, 5-23-1994; Ord. 94-21, § 1, 10-24-1994; Ord. 95-3, § 1, 2-27-1995; Ord. 95-29, § 1, 11-13-1995; Ord. 98-6, § 2, 2-9-1998; Ord. 98-12, §§ 1, 2, 3-23-1998; Ord. 99-12, § 1, 4-12-1999; Ord. 2000-54, § 1, 10-9-2000; Ord. 2002-22, § 1, 6-24-2002; Ord. 2003-41, §§ 2, 3, 12-22-2003; Ord. 2004-27, § 2, 11-8-2004; Ord. 2006-02, § 1, 1-9-2006; Ord. 2010-01, § 2, 1-11-2010; Ord. 2014-20, § 1, 10-13-2014; Ord. 2016-20, § 1, 5-23-2016)