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(a) General. The application for a building permit or occupancy permit shall be accompanied by a fee payable to the Village. A schedule of such fees shall be made available through the Village and may be altered or amended only by Council. All fees shall be paid in full before any application is reviewed or any permit or certificate is issued.
(b) Copy Fees.
(1) The Clerk-Treasurer is hereby authorized to distribute to any person upon request a mimeographed copy of the "Planning and Zoning Code" of the Village.
(2) The Clerk-Treasurer is authorized to charge two dollars ($2.00) for each copy so distributed; such sums so collected to be deposited in the General Fund. (Ord. 2017-49. Passed 12-5-17.)
(a) General. Zoning permits, or certificates of occupancy issued on the basis of plans and applications approved by the Building Commissioner authorize only use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Planning and Zoning Code.
(b) Required Permits.
(1) Building Permits. No building or structure shall be constructed, erected, reconstructed, repaired, structurally altered, enlarged or moved, and no excavation for a foundation shall be made, unless and until a building permit therefor has been secured first from the Building Commissioner.
(2) Occupancy Permits. In the following instances, no occupancy, use or change of use of any premises shall take place unless and until an occupancy permit has first been secured from the Building Commissioner:
A. As the final inspection permit following, or in connection with, the issuance of a building permit for the construction, addition to or alteration of any building, or in all instances when building permits are required by applicable law.
B. Upon changes of use of premises.
C. Following the issuance of a variance or special use permit by action of the Board of Zoning Appeals, when confirmed, modified or allowed by Council, by ordinance of Council, or by the order of a court of general jurisdiction after all appellate remedies have been exhausted.
D. When a building or parcel of land has been completed and complies with the application for a building permit, and all applicable State or Village regulations.
E. Upon changes in the use of vacant land.
F. Upon changes in the use of any nonconforming use.
(c) Permit Applications.
(1) An application shall be required for the issuance of building and occupancy permits. Such applications shall contain the following:
A. The street address of the property.
B. A legal description of the property and the permanent parcel numbers of the lots included in the property.
C. The existing use or uses to which the premises or the proposed building is devoted as well as the proposed use or uses.
D. The zoning district of the property.
E. The name, address, phone number, email and fax number if applicable of the owner, architect and contractors. In the case of work on a single project which has been determined by the Building Commissioner to have a gross value of fifty thousand dollars ($50,000) or more and is being performed for or by corporations or partnerships, a statement shall be filed with the application listing the names and addresses of all directors and officers, as well as the names and addresses of all shareholders or principals having a ten percent or greater interest in such firm.
(2) Such application shall be accompanied by the following information when deemed applicable by the Building Commissioner. All such information shall be submitted in duplicate form and in a 1:1 scale where applicable:
A. Site context plan. On a building base map, providing context within a larger area by showing streets, buildings and landmarks. The actual site should be outlined on this plan.
B. Site plan. Indicating existing and proposed buildings, streets, lot lines, location and number of parking spaces, driveways, walkways, curb cuts, landscaped areas, lighting, fences, sidewalks, signs, or other important features at or near the project site; drawn to scale and showing all relevant dimensions and noting such information as drains, paving materials, etc.
C. Landscape plan. Indicating grading, drainage, plant materials, roadways, walkways, and site furnishings (seating, lighting fixtures, etc.)
D. Building elevations. For all sides of the building showing details, materials, colors, heights, types of illumination, signs, etc. (Section studies should be provided, where needed, to clarify understanding of special spaces and their effects on the elevations.) Drawings should be to scale.
E. Typical floor plans. Which clarify and justify the elevations and exterior changes proposed.
F. Master signage plan. Including basic sign parameters as to the location, size, style, illumination, height and color of proposed signs as well as all existing signs on the property. It shall include all information necessary to determine the maximum amount of signage permitted by Code and the amount of signage proposed for current and future tenants of a multi-tenant facility.
G. Color photographs. Showing the site in the context of adjoining properties.
H. Renderings. Ground line perspectives or "above view" isometric or axonometric for large projects or new construction.
I. Sample of materials. Showing proposed colors and textures.
J. Utilities. Evidence of adequacy of all required utilities and services.
K. Dwelling units, employees and/or seating capacity. Number of dwelling units in proposed buildings or existing buildings to be retained, by number of bedrooms and by any special populations to which occupancy is to be restricted. Proposed number of permanent employees to be accommodated on the property, including existing employment proposed to be retained, by shift and by full-or part-time status. The proposed seating capacity of public assembly areas by the number of seats installed or which could be accommodated.
L. Hazardous materials. Descriptions of any known hazardous materials contamination of the site, including underground storage tanks. Description of any hazardous wastes to be generated by the proposed project and of plans for disposal thereof.
M. Traffic analysis. Professional analysis of estimated vehicular trips generated by each phase of completed development per day and during AM and PM peak hours, the expected impact on existing traffic loads in the area, and road construction or traffic control measures needed to accommodate the new traffic.
N. Phasing. Chronological schedule of expected beginning and ending dates for proposed stages of construction and improvement of all structures, common or public areas, circulation ways, parking, loading, and service areas, and utilities, showing the interim use and maintenance of areas not under construction in each phase.
(d) Restorations.
(1) Nothing in this Code shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the passage of this Ordinance, or prevent a change of such existing use under the limitations thereof.
(2) Nothing in this Code shall prevent the straightening or restoring to a safe condition, any building or any part thereof declared unsafe by the Building Commissioner, or other proper Municipal Officers.
(3) Nothing in this Code shall prevent the restoration of a wall declared unsafe by the Commissioner of Buildings.
(e) Architectural and Plan Review.
(1) For those projects which require exterior architectural review, the Building Commissioner shall submit copies of the application, including all applicable elements of subsection (c)(2) hereof to the Planning Commission for review and approval.
(2) In connection with any building permit application or occupancy permit application with respect to which the Building Commissioner has required the submittal of any of the plans or elements of subsection (c)(2) hereof, the Building Commissioner shall submit copies of said application, including all applicable elements of subsection (c)(2) hereof, to the Planning Commission for review and approval.
(3) Within sixty (60) days from the date of the first Planning Commission meeting in which the application is considered, the Planning Commission shall either approve, approve with conditions, or disapprove the project. Failure of the Planning Commission to act within the time limits shall be considered as though the referral is recommended. The Planning Commission may extend the time limits through a request to Council.
(4) With respect to any application referred to the Planning Commission, the Building Commissioner shall not issue a permit without the approval in writing from the Planning Commission.
(5) The Planning Commission may authorize the Building Commissioner to administratively approve application for relatively minor projects (such as signs or fences) or for minor changes to plan previously approved or conditionally approved by the Planning Commission. The Planning Commission may approve design guidelines which shall be followed by the Building Commissioner when making such administrative approvals.
(f) Zoning Permit Approval. The Building Commissioner shall either approve or disapprove the application in conformance with the provisions of this Code. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Building Commissioner, after the Building Commissioner shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans, similarly marked, shall be retained by the Building Commissioner. The Building Commissioner shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the activity is in conformance with the provisions of this Planning and Zoning Code.
(g) Zoning Permit Expiration. If the work described in any zoning permit has not begun within one (1) year from the date of issuance thereof, said permit shall expire. It shall be revoked by the Building Commissioner and written notice thereof shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within two and one half (2-1/2) years of the date of issuance thereof said permit shall expire and be revoked by the Building Commissioner, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained or an extension granted.
(h) Certificate of Occupancy. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy shall have been issued therefor by the Building Commissioner stating that the proposed use of the building or land conforms to the requirements of this Code. The issuance of a use certificate in no way relieves the recipient from compliance with the requirements of this Code and other regulations. (Ord. 2017-49. Passed 12-5-17.)
(a) General.
(1) Hereafter, no land in the Village shall be used or occupied, and no structure shall be constructed, erected, moved, repaired, structurally altered, enlarged, leased, extended or reconstructed, for any purpose except as permitted by this Code and in conformity with the regulations herein established for the district in which such land or structure is located.
(2) The primary duty of administering and enforcing the provisions of this Code is hereby conferred upon the Building Commissioner with the assistance of such other persons as he or she may direct.
(b) Enforcement by the Building Commissioner.
(1) The Building Commissioner is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Code. Prior to seeking entry to any property or structure for such examination or survey, the Building Commissioner shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Building Commissioner shall request the assistance of the Law Director in securing a valid search warrant prior to entry.
(2) Subsequent to his/her determination that work is being done contrary to this Code, the Building Commissioner shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Building Commissioner, shall constitute a punishable violation of this Code.
(3) The Building Commissioner may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Code or based upon false information or misrepresentation in the application.
(4) The Building Commissioner shall maintain a record of zoning permits and certificates of occupancy, and copies shall be furnished, upon request and upon payment of the established fee, to any person.
(c) Non-Issuance of Permits.
(1) The Building Commissioner shall issue no building or occupancy permits for any building, structure, use or change in use of land or premises in violation of this Code.
(2) The Building Commissioner shall issue no building permit or certificate of occupancy for any building, structure, use or change of use during any period in which an ordinance or other measure which would forbid the action authorized under such permit is pending before Council, has been formally recommended to Council by the Planning Commission, or is subject to an initiative petition, which has been filed with the Board of Elections.
(3) If a building or occupancy permit is refused, the Building Commissioner shall send the notice of refusal to the address shown on the application.
(d) Conflicts with the Building Code. Whereas a certain Building Code has been adopted by ordinance and approved by Council, such Building Code as it presently exists, or as the same may hereafter be amended, shall continue to remain in full force and effect, save and except that this Planning and Zoning Code shall supersede all rules of the Building Code, which are in conflict with the terms and provisions of this Planning and Zoning Code.
(e) Separability. The sections, subsections, districts and building lines forming parts of, or established by this Code and the several parts, provisions and regulations thereof are hereby declared to be independent sections, subsections, districts, buildings lines, areas, limitations, provisions and regulations; and the holding of any such section, subsection, district, building line, part, provision or regulation thereof to be unconstitutional, void or ineffective for any cause, shall not effect nor render invalid any other section, subsection, district, building line, part, provision or regulation thereof or hereof.
(f) Violations. No person shall locate, erect, construct, reconstruct, enlarge, change, repair, structurally alter, occupy or use any building or land in violation of any provision of this Code, or any amendment thereto. The owner, owners, part-owner, lessee, or other person in lawful possession of any building or premises or part thereof, where anything in violation of this Code shall be placed or shall exist, or be maintained and any architect, builder, contractor, agent or other person who may be employed to assist in the commission of any such violation, and all persons or corporations who shall fail to comply therewith or with any requirements thereof, or who shall build in violation of any detailed statement of plans submitted and approved thereunder, shall for each and every violation or noncompliance, be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00), and each day during which such violations shall continue shall constitute a separate offense.
(Ord. 2017-49. Passed 12-5-17.)