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(a) Grant or Refusal of Building Permits. It shall be the duty of the Village Clerk to enforce this Zoning Code including the grant or refusal of building and occupancy permits. No building permit shall be issued for any building which in its construction, location or proposed use would violate or fail to comply with the provisions of the Zoning Code.
(b) Application for Building Permits.
(1) All applications for building permits shall be accompanied by specifications and plans in triplicate. Plans, drawn to scale, shall show:
A. The exact shape and dimensions of the lot or parcel to be built upon;
B. The exact size and location of the structures existing;
C. The line within which the proposed structures shall be erected or altered;
D. The existing and intended use of each building or part thereof;
E. The number of families or housekeeping units the building is designed to accommodate;
F. Such other information with regard to the lot and neighboring lots as may be necessary for the enforcement of this Zoning Code.
(2) One copy of such plans shall be returned to the owner when such plans shall have been approved by the Village Clerk.
(3) All dimensions shown on these plans relating to the location and size of the lot or parcel to be built upon shall be based on an actual survey.
(4) The lot or parcel and the location of the building or buildings thereon shall be staked out on the ground before construction is started.
(c) Use of Building or Premises. No person shall use or permit the use of any building or premises or part thereof, hereafter erected, created, converted, changed, enlarged, or maintained, wholly or partly, in its use or structure, contrary to the provisions of the Zoning Code. The Village Clerk shall not issue a permit for any construction unless the plats, plans, specifications and intended use conform to the provisions of the Zoning Code.
(d) Time Limits for Building Permits. Any building permit granted under subsection (a) hereof shall remain valid provided that construction shall have been started within six months of the date of filing and the ground story framework, including structural parts of the second floor (if any) shall have been completed within one year of filing and the entire building completed within two years of the date of filing. (Ord. 1135. Passed 11-26-84.)
(a) It shall be the duty of the Village Clerk to administer Sections 1125.02 to 1125.05 according to procedures adopted by him from time to time, with advice of the Village Solicitor, subject to approval by Council.
(b) Interpretation of Building Zone Maps.
(1) District boundary lines. Questions concerning the exact location of district boundary lines shall be determined by the Village Clerk according to procedures adopted by him.
(2) Variations in lot lines. Where the street or lot line forms a district boundary line or part thereof and where the street or lot layout on the ground or as recorded differs from the street and lot lines shown on the Building Zone Map, the Village Clerk, after due notice by mail to the record owners of the property, shall interpret the map in such a way as to carry out the intent and purpose of this Zoning Code and map for the particular section or district in question.
(Ord. 1135. Passed 11-26-84.)
(a) General.
(1) The Village Planning Commission shall have the power to hear, decide, grant or deny applications for conditional uses.
(2) The granting of such application shall be made only if such conditional use:
A. Shall not be materially detrimental or injurious to property in the district or vicinity.
B. Shall be consistent with the intent and purpose of this Zoning Code.
(3) The Village Planning Commission may impose, in addition to the minimum requirements and conditions specifically set forth for the conditional use in question, such additional requirements and conditions as he shall deem desirable under the circumstances, in order to minimize injury to other property and carry out the intent of this Zoning Code, including:
A. Limitations on signs;
B. Limitations on building materials;
C. Requirements for open spaces, landscaping, shielding of floodlights, erection of safety devices, and surfacing of access roads and driveways; screening and construction of fences and other barriers for nonresidential districts.
D. Such other requirements and conditions as may be necessary to:
1. Safeguard the public health, safety, convenience and general welfare;
2. Minimize the adverse impact upon adjoining properties in the district or vicinity;
3. Protect and preserve the character, attractions and orderly development of the district or vicinity.
(b) Conditional Uses. Conditional uses, both principal and accessory, shall also be subject to the special provisions of the district use regulations in those districts where such conditional uses are authorized.
(c) Other Exceptions and Modifications.
(1) Permission of prohibited uses as accessory to conforming uses. The Village Planning Commission shall have the power to permit, in B and I Districts, a prohibited use as accessory to a conforming use on the same lot, provided that the product of such accessory use is utilized entirely in the conforming use.
(2) Temporary permits. In undeveloped sections of the Village, the Village Clerk may, with approval of the Planning Commission, grant temporary and conditional permits for nonconforming uses, to terminate at a date specified in the permit, which date shall not exceed two years from the date of such permit, provided that such uses are important to the development of such undeveloped sections and are not detrimental to the neighborhood. Such permits may be renewed on reapplication to the Village Clerk.
(3) Extension of nonconforming use. The Village Clerk may, with approval of the Planning Commission, grant a permit for the extension of nonconforming uses upon a lot occupied by such use or on a lot adjoining or directly across an alley from such use, if such lot was under the same ownership as the lot in question prior to and continuously since the time such use became nonconforming, provided that:
A. In the case of a nonconforming use in the form of a building or structure, such extension or extensions shall not exceed, in all, fifty percent (50%) of the floor area of the existing building or structure devoted to such nonconforming use, except as provided in subsection (c)(3) C. hereof.
B. In the case of the enlargement or an extension of a nonconforming use not involving any building or structure, such extension or extensions shall not exceed, in all fifty percent (50%) of the land area devoted to such nonconforming use, except as provided in subsection (c)(3) C. hereof.
C. Where the nonconforming use is not closer to any adjoining property line than 100 feet, such extension or extensions may be over any area.
D. In the case of an extension of a nonconforming use, such extension shall not extend more than twenty-five feet beyond the district, or to within 100 feet of the closest property line, whichever permits the greater extension.
(4) Temporary uses for war purposes. In the event, in order to carry out the use for war purposes of any building or premises, or by the direction of the United States Government, it is shown to be necessary to use such building or premises for a use prohibited by this Zoning Code, the Village Clerk shall have the power to grant a temporary and conditional permit for such use, in accordance with the following regulations:
A. The Village Clerk shall not exercise this power upon any application unless he finds, upon the evidence produced before him, that there is necessity for the proposed war purposes at the particular location of such building or premises.
B. Any such permit shall terminate within two years or not later than six months after the termination of the present National Emergency as declared by the President of the United States.
C. In granting any such permit, the Village Clerk may permit such repairs or temporary improvements or construction as he finds necessary for such use.
D. Any application for any such permit shall be accompanied by a written agreement of the owner and, if leased, also by the lessee of the building or premises, that said improvements or constructions will be removed on or before the termination of the permit as aforesaid, and that if such owner or lessee fails to so remove the same, the Village may remove the same at the cost of the owner or lessee and shall have a lien upon the property as security for said agreement, the form of such agreement to be as may be specified by the Village Solicitor.
E. No appeal for a continuance of such use shall be based upon said repairs, improvements or constructions.
F. The Village Clerk may impose other conditions which he may deem necessary or advisable to assure the temporary nature of the grant.
G. Upon the termination of the permit as hereinbefore provided, the building or premises shall revert to its zoning status previous to the grant of the permit.
(5) Control of manufacturing and other industrial uses. The Village Clerk in authorizing any manufacturing or other industrial use in the I-1 District, may require the installation, operation and maintenance, in connection with the proposed use, of such devices and/or methods as may, in the opinion of the Village Clerk, be reasonably required to prevent or reduce fumes, gas, dust, smoke, odor, water-carried waste, noise, vibration or similar nuisances, and may impose such conditions regarding the extent of open spaces between it and surrounding properties as shall tend to prevent or reduce the injury which might result from the proposed use to the surrounding properties and neighborhood.
(Ord. 1135. Passed. 11-26-84.)
(a) The Planning Commission shall have the power, upon application, to authorize variances from the provisions and requirements of this Zoning Code which shall not be contrary to the public interest or the intent and purpose of this Zoning Code, but only where, owing to special conditions pertaining to a specific piece of property the strict application of provisions or requirements of this Zoning Code would cause undue or unnecessary hardship.
(b) No such variance shall be authorized by the Planning Commission unless the Planning Commission finds that all the following facts and conditions exist:
(1) Exceptional or extraordinary circumstances or conditions applying to the subject property that do not apply generally to other properties in the same district or vicinity.
(2) The special circumstances or conditions do not result from actions of the property owner or any of his predecessors in title.
(3) Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same district or vicinity.
(4) The authorization of such variance shall not be materially detrimental to the public welfare or injurious to property in the district or vicinity in which the property is located.
(c) In modifying the literal interpretation and strict application of the provisions of this Zoning Code and in authorizing a variance therefrom the Planning Commission may impose such requirements and conditions regarding the location, character and other features of the proposed uses or structures as he may deem necessary in order to carry out the intent and purpose of this Zoning Code, and to safeguard otherwise the public health, safety convenience and general welfare.
(d) The Planning Commission shall have the power to establish definite time limits within which any usage authorized by a variance shall be commmenced. Any construction associated with a variance shall be governed by the requirements of its building permit as stated in Section 1125.01(d). (Ord. 1135. Passed 11-26-84.)
Applications for conditional uses and variances, shall be made in accordance with the following provisions:
(a) Data Required.
(1) All applications shall be accompanied by a plan of the proposed building or use, and the names and addresses of all abutting property owners as they appear in the Office of the Auditor of Putnam County.
(2) Plans for conditional uses, other special exceptions and modifications, and variances shall show the following data to the extent applicable:
A. A plat showing the boundaries of the parcel or tract;
B. The location, size, height and use of all structures;
C. The location of all vehicular and pedestrian ways;
D. The location and type of all landscaping walls and other forms of screening for nonresidential districts;
E. The location and surface treatment of parking areas;
F. The number and type of dwelling units;
G. The type and nature of manufacturing or other industrial processes.
H. Such other information applicable to the building or use in question as may be necessary, in the opinion of the Planning Commission, to carry out the intent and purpose of this Zoning Code.
(b) Public Hearing. Prior to making a decision on any application, the Planning Commission shall notify, by mail, the property owner or petitioner and all abutting property owners of the time and place of a public hearing.
(e) Decision of Planning Commission. Following the public hearing, the Planning Commission shall make a decision and notify, within thirty days the property owner or petitioner and all abutting property owners. The Planning Commission may grant or deny, wholly or in part, or may modify the application submitted.
(Ord. 1135. Passed 11-25-84.)
(Ord. 1135. Passed 11-25-84.)
(d) Fees.
(1) With each application, the applicant shall pay a fee of eighty dollars ($80.00). (Ord. 23-25. Passed 2-27-23.)
(2) Such fee shall be in addition to the payment of the regular building permit fee and any other fee which thereafter may accrue, and no portion of any fee shall be refunded whatever may be the outcome of the application.
(Ord. 1216. Passed 6-13-88.)
(Ord. 1216. Passed 6-13-88.)
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