(A) Generally. Building permits, certificates of occupancy, and/or conditional use permits are required for all structure installations, modifications, demolitions, all change in uses, and all conditional uses where specified and regulated by the Building Code and this chapter, except for “play structures” and “tree houses” as defined herein and which meet the requirements set forth in § 151.087(J) and (K). The property owner, and not the village, is responsible for the safe construction and use of play structures and tree houses. Certificate of appropriateness are required for all historic structures or structures located within a historic district and for all modifications to landmark sites. Fees for permits and certificates shall be as set forth in the Building Code.
(B) Building permits. All applications for building permits shall be accompanied by plans and specifications in triplicate as provided by the Building Code, and a plan drawn to scale in triplicate showing the actual shape and dimensions of the lot to be built on, the size and location of all trees larger than six inches in diameter, when measured at a height of five feet from the ground, the exact size and location on the lot of the buildings and accessory buildings existing, and the lines within which the proposed building shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the lot, and neighboring lots within 200 feet, such as fencing, walls, driveways, decks, patios, or accessory structures, as may be necessary for the enforcement of this chapter. One copy of these plans shall be returned to the owner when the plans shall have been approved by the Building Commissioner. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a duly licensed land surveyor. The lot and location of the building thereon shall be staked out on the ground before construction is started. A record of applications and plats shall be kept in the office of the Building Commissioner.
(1) No building permit shall be issued unless the plans and specifications required by this section demonstrate that the exterior design and architectural character of the proposed structure will not be at such variance with existing structures in the immediate vicinity as to cause substantial depreciation in the property values of such existing structures. This determination will be done by the Building Department. Any proposed demolition of an architectural feature on an existing residence must be noted on the plans and is subject to approval from the Building Department. If the residence is a contributing property to the NHL application, is an historic site, structure, or landmark, or is located within the historic district, no permit shall issue unless the proposed changes are first approved by the Architectural Review Board as prescribed by division (E) below in accordance with §§ 151.025 and 151.075(H).
(C) Certificate of occupancy.
(1) No building shall be used or occupied, in whole or in part, which does not comply with the provisions of this chapter. No change in the use of land, nor any change of use in an existing building, shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the Building Commissioner. Every certificate of occupancy shall state that the new use complies with all provisions of the Building Code and this chapter (see also Building Code § 1260, Housing Code).
(2) In order to obtain a certificate of occupancy, the applicant shall file an application with the Building Commissioner, indicating intended use and occupancy for a building or premises, accompanied by a basic data package (§ 151.026) where applicable. Where necessary in the opinion of the Building Commissioner, two sets of detailed plans may be required. In all cases a general inspection is required. Existing buildings and changing use shall meet the requirements as specified in the Village Building Code and this chapter. When on examination and inspection it is found that the use and building conform substantially to the provisions of the Building Code and this chapter for such occupancy, the Building Commissioner shall issue a certificate of occupancy. A record of all certificates of occupancy shall be kept on file in the office of the Building Commissioner.
(3) A temporary certificate of occupancy for a part of a building or premises may be issued by the Building Commissioner under such conditions as may be prescribed by the Planning Commission.
(D) Conditional use permits. Conditional use permits, exceptions to the use requirements of this chapter, are required for all conditional uses and for the enlargement, alteration, or extension of existing conditional uses.
(1) In order to obtain a conditional use permit, the applicant shall file an application with the Building Commissioner accompanied by a basic data package (see § 151.026, “basic data package”).
(2) The Building Commissioner shall refer the application to the Planning Commission which shall have 30 days to review the application with respect to the criteria stated in § 151.024(H)(4). The Planning Commission may approve, disapprove, or approve with conditions, an application (see § 151.050, “conditional use regulations”).
(3) When a conditional use that is heretofore not listed in this chapter (§§ 151.060 through 151.065) is approved by the Commission, it shall forward the application and its recommendations to the Village Council. The Council shall have 30 days to review and approve, approve with conditions, or deny the application.
(4) If approved, the Village Council shall follow the procedure stated in this code of ordinances for enacting amendments to this chapter (see also § 151.040).
(E) Certificate of appropriateness.
(1) Generally. A request for a certificate of appropriateness shall be filed with the Building Commissioner who shall forward it to the Architectural Review Board prior to modification of any landmark, a historic site, a landmark structure, or a structure located within a historic district whenever a building permit is required and in the following circumstances:
(a) Whenever any modification of a historic site is proposed, or a landmark structure, or a structure located within a historic district, whether public or private, is proposed to undergo alteration, reconstruction, enlargement, remodeling, painting, or staining, involving the exterior design, material, or orientation of the structure;
(b) When the owner of a landmark structure intends to construct, reconstruct, alter, or demolish any exterior portion of such structure, including signage, or an accessory building exceeding 300 square feet in floor area, or when the owner of a landmark structure intends to subdivide the lot containing the landmark structure;
(c) When the owner of a premises within a historic district which is not designated as a landmark structure intends to construct, reconstruct, alter, or demolish any exterior portion of a principal building an accessory building exceeding 100 square feet in floor area, or its signage; and
(d) When the owner or occupant of a premises intends to install, construct, reconstruct, alter, or demolish any sign or awning for a landmark structure or any structure within the Historic District, he or she shall first apply for and secure a building permit from the Building Commissioner and a certificate of appropriateness from the Architectural Review Board. The Architectural Review Board shall follow the requirements concerning signs and awnings in all sections of this chapter, including §§ 151.125 through 151.133. A building permit is not required for signs permitted under § 151.126(A)(1), (A)(2), (A)(4), (A)(5), and (A)(6).
(2) Procedure for certificate of appropriateness.
(a) Procedures for landmark structures and structures in historic districts, except signs:,
1. If a building permit from the Building Commissioner is required, the application for all structures, except signs, shall be accompanied by a line-drawing, indicating at a minimum the lot dimensions, size, shape, and dimensions of the structure; the location and orientation of the structure, on the lot, and the actual or proposed building setback lines. In addition, the application shall be accompanied by a detailed, narrative description of the proposed design or change of design, use of materials, and orientation of the structure, including any exterior plumbing, mechanical, and electrical appendages. Except in single-family residential zoning districts, applications for structures to be constructed or remodeled, which remodeling would increase or decrease the total gross building area by 50% or more, shall be accompanied by a colored elevation showing at a minimum the design, use of materials, and orientation of buildings. In addition, the Architectural Review Board may require the submission of colored perspectives or architectural renderings.
2. The application with materials indicated shall be received by the Building Commissioner no less than 14 days prior to the next regularly scheduled Architectural Review Board meeting. The Village Fiscal Officer shall cause to be posted in the prescribed locations in the village a public notice of the scheduled hearing date of the application together with a general description of the nature of the application. The applicant shall be notified by mail of the date of the hearing. Notice shall be mailed to all property owners abutting the subject property. A 24-inch by 30-inch sign shall be placed in the front yard of subject property four days in advance of the hearing by a Building Department representative conspicuously advertising to the passing public the time and date of the hearing. The sign shall be only removed by a representative of the Building Department the day following the hearing. The Board will determine by a vote of its members whether the application for a certificate of appropriateness will be issued, provided all other requirements for a building permit, if applicable, are met. If a decision of the Building Commissioner regarding requirements of this chapter, other than § 151.075, is to be appealed to the Planning Commission, a certificate of appropriateness must first be requested from the Architectural Review Board. If a certificate of appropriateness is not approved, the Board shall return the application and appended material to the applicant with a notice that the certificate of appropriateness shall not be issued and listing in writing all reasons why the applicant did not meet the criteria and standards set forth herein. Such notice shall also be sent to the Planning Commission. The Board shall decide all applications for certificate of appropriateness not later than 30 days after the first hearing thereon, unless all parties agree to a continuance (see Appendix E).
(b) Historic site and landmark procedures.
1. The application for all historic sites and designated landmarks shall be accompanied by a line-drawing, indicating at a minimum the lot dimensions, with the size, shape, dimensions, and nature of the modifications in the historic site to be made. In addition, the application shall be accompanied by a detailed, narrative description of the proposed design or change and the proposed method of modification.
2. The application with materials indicated in division (E)(2)(b)1. above shall proceed as per division (D)(2) above.
(c) Signage procedures.
1. If a building permit from the Building Commissioner is required, the application shall be accompanied by a color sketch of each proposed sign or awning as it would appear on the facade or surface to which it is to be attached, and color photographs of the existing facade and immediately adjacent facades (see also § 151.133).
2. The application with material indicated shall be reviewed by the Building Commissioner and the Chairperson of the Architectural Review Board. They shall approve or deny a certificate of appropriateness based on compliance with § 151.075(H)(2), “standards for review”.
3. If a certificate of appropriateness is denied by the Building Commissioner and the Chairperson of the Architectural Review Board, the application shall proceed to the Architectural Review Board as per division (E)(2)(a)2. above (see Appendix E).
(2000 Code, § 151.021) (Ord. O-4-96, passed 3-25-1996; Ord. O-4-98, passed 1-12-1998; Ord. O-12-06, passed 12-26-2006; Ord. O-14-16, passed 7-18-2016; Ord. O-23-22, passed 11-14-2022)