(A) Intent.
(1) Procedures for administering, interpreting and enforcing this chapter are herein established in order to achieve, among others, the following purposes:
(a) To provide for the review of an application for a building permit;
(b) To provide for the inclusion of necessary facilities, services and other uncommon uses through condition use permits;
(c) To provide for the inclusion of uses which are uncommon but which have characteristics similar to permitted main uses;
(d) To assure that in the construction of new buildings, alterations or change of use, all required provisions have been complied with by requiring a certificate before occupancy; and
(e) To provide supplementary administrative procedures in conformity with the objectives of the zoning code.
(2) In administrating this chapter, the provisions shall be regarded as establishing minimum requirements and shall be used specifically to further the underlying purposes, objectives and intent set forth in the preamble to each section.
(3) The relationship of this chapter to other laws, rules and regulations and the relationship if Two or more specific provisions of this chapter apply to the same subject are set forth in § 155.01.
(B) General procedures.
(1) The administration of this chapter is vested in the following officials, commissions and boards of the village:
(a) Planning Commission;
(b) Building Department; and
(c) Board of Zoning Appeals.
(2) Compliance with the provisions of this chapter shall be obtained by:
(a) Applying for the issuance of a building permit including the following, if applicable:
1. Application for a conditional use permit;
2. Application for determination of similar use;
3. Application and approval of a development plan; and
4. Appeals for an interpretation or a request for a variance.
(b) Application for certificate of occupancy issued upon completion of the building or the land improvement.
(3) Enforcement of the provisions of this chapter shall be obtained by inspection and order for removal of violations. Failure to comply with such order shall constitute an offense which may be followed with civil action.
(C) Building permit. Excavations for buildings or site improvements shall not be started, or buildings or structures, or parts thereof, shall not be erected, altered or moved until a building permit has been applied for and issued by the Building Department.
(1) Approval of development plans. Approval of development plans, whenever such a plan has been submitted by the developer as required by this chapter, the preliminary plan and final plan of the development area shall have been approved by the Planning Commission before a building permit may be issued by the Building Department.
(2) Compliance to zoning regulations. Permits for the construction of a building or land improvements or change in use may be issued by the Building Department only if the work described in an application clearly complies with all provisions of the zoning and other codes of the village. If the building or use does not clearly comply, the Building Department shall not have the power to grant variances or make exceptions unless specifically so empowered.
(3) Conditional use permit. Conditional use permit, whenever a determination for a conditional use is required, a building permit for the building or use requiring a conditional use permit shall not be issued until such permit has been applied for and issued by the Planning Commission.
(4) Determination of similar use. Determination of similar use, whenever a determination for a “similar use” is required, a building permit for the building or use shall not be issued until the inclusion of said use as a permitted use has been made by the Planning Commission and confirmed by Council.
(D) Withholding permits.
(1) Amendment pending. No building permit or certificate of occupancy, shall be issued during the period in which an amendment which would affect the building or use applied for has been recommended by the Planning Commission or introduced by the Council, provided however, an application for a permit or certificate shall not be withheld for more than 90 days after the application was officially submitted.
(2) Nonconforming lot. No building permit shall be issued for a one- or two-family building unless the residential lot shall abut upon a public street; the utilities, pavement and all other required improvements have been constructed, or their construction guaranteed; the lot be located in a duly recorded subdivision or approved by the Planning Commission and no plat required; or resubdivided in accordance with the provisions of § 155.15(Q) so as to conform with the requirements of this chapter.
(E) Required drawings. In addition to drawings required by the provisions of the Building Code, application for a building permit shall be accompanied by:
(1) A plat showing dimensions of the lot to be developed, lot number, a topographic survey or adequate topographic data, and evidence that the lot has been surveyed and certified by a registered surveyor or engineer;
(2) A site plan, drawn to scale showing the location of proposed and existing buildings, driveway and parking areas, and proposed finished grades; also the location and use of buildings on adjoining lots within distances specified in other sections of this chapter. For residential developments the size and location of a garage shall be shown; and
(3) Such other drawings and information as may be required by the provisions of § 155.15 for residential districts, § 155.16 for mobile home districts, § 155.17 for business districts, § 155.18 for industrial districts, § 155.19 for flood plain districts, § 155.30 for parking and loading facilities and § 155.31 for signs.
(F) Application for permits.
(1) Applications. Application for building permits, and accompanying drawings, shall be submitted to the Building Department. After processing same, as to general conformance to the Building Code, the Building Department shall submit to the Planning Commission those applications which require its approval, and to the Board of Zoning Appeals if the application involves any interpretation required by it.
(2) Approval. The Building Department, having received a report of approval from the Council, Planning Commission and Appeals Board, as may be applicable, and finding the drawings, specifications and all documents comply with this chapter and other relevant codes of the village, may issue upon payment of required fees a building permit.
(3) Disapproval. If the Council, Planning Commission, Board of Zoning Appeals or the Building Department do not recommend approval of the application, they shall suggest changes in the drawings as may be necessary to accomplish the purpose of this chapter. In such instances, conferences with applicants may be held and the application revised or resubmitted, as may be required.
(G) Conditional use permits.
(1) Conditional use permits shall be required for certain types of main uses as defined in § 155.03, generally publicly operated or a facility which affects the public interest. Such use may be permitted and desirable in certain districts but not without consideration in each case of the affect of the use upon neighboring land and the public need for the particular use at the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal.
(2) Enumerated throughout this chapter are certain uses and the districts in which conditional uses may be permitted provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission.
(a) Application. Application for such permits received from the proponent shall be submitted by the Building Department to the Planning Commission. The Planning Commission shall hold a hearing thereon notice of which may be published in a newspaper of general circulation, or mailed to the owners of property contiguous to and across the street from the parcel for which a conditional use permit is requested at least 15 days before the hearing. The Planning Commission shall take action upon such application within 30 days from the date of receiving said application. Failure to act within said period shall be deemed approval.
(b) Standards for evaluating conditional use permit. An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:
1. Residential Districts.
a. The proposed use is property located in relation to any adopted land use or area plan, particularly to the secondary and local streets and pedestrian circulation;
b. When located on a local street the proposed use will generate the least possible traffic through a residential neighborhood;
c. The proposed use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right;
d. The location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential district; and
e. For temporary structures every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are pursued diligently.
2. Business and industrial districts.
a. The proposed use be necessary to serve the community needs and that existing similar facilities located in a less restrictive, or more remote districts in which the use may be permitted by right, are inadequate;
b. The proposed use be not closer than appropriate in the particular situation to schools, churches and other places of assembly;
c. The location, extent and intensity of the proposed use, shall be such that its operation will not be objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare than is normal or is permitted by the performance standards of the district;
d. The proposed use will form a harmonious part of the business, or industrial district, taking into account among others, convenience of access and relationship of one use to another;
e. The proposed use will be permitted in a more restrictive district than in which it is permitted by right only because of its limited extent, modern equipment and processes; and
f. The hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district.
(c) Safeguards and conditions. In addition to complying with the general standards set forth in this division (G), conditions appropriate to each particular application may also be set forth in the permit.
(d) Approval. The approval of a conditional use permit shall become null and void if the construction of the building or site improvements are not started within a six-month period after the date of approval.
(H) Determination of similar uses.
(1) The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particularly situation. Any use found “similar” shall thereafter be included in the enumeration of uses permitted by right.
(2) All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts shall be submitted to the Planning Commission, and after approval by it, confirmed by the Council in compliance with the following standards:
(a) Such use is not listed in any other classification of permitted buildings or uses;
(b) Such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to an other classification;
(c) Such a use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and
(d) Such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(I) Certificate of occupancy.
(1) A certificate of occupancy shall be applied for by the owner or his or her agent and shall be issued by the Building Department as a condition precedent to the occupancy and/or uses of a building and land as follows:
(a) Occupancy of a building erected or altered. A certificate of occupancy shall be required before occupancy of a new building, or before occupancy of an existing building which has been altered, moved, changed in use or increased in off-street parking requirements. Said certificate shall only be issued after the erection or alteration of said building or a component thereof or a required accessory use has been provided and found by inspection to be in conformity with the provisions of this chapter and the Building Code of the village.
(b) Change in use of conforming building or land. A certificate of occupancy shall be required before occupancy of a conforming structure, building or land where the use has been changed, provided the use is different than the prior use, and shall be issued, when found by inspection, to be in conformity with provisions of this chapter.
(c) Change in use of nonconforming building or land. A certificate of occupancy shall be required whenever a nonconforming structure, building or land is changed, and shall not be issued until the Planning Commission has approved the change in accordance with the provisions set forth in § 155.32.
(2) Record of existing building and land use. Upon application by the owner, or his or her agent, the Building Department shall inspect a building or tract of land existing on the effective date of this chapter and shall issue a certificate of occupancy therefore certifying:
(a) The present use of the building or land;
(b) If such use conforms to all the provisions of the chapter; and
(c) If it is a lawfully existing nonconforming use.
(3) Application for certificate.
(a) Applications for a certificate of occupancy may be submitted separately or may accompany an application for a building permit. Accurate information shall be furnished by the owner or his or her agent, as to size and location of the lot, buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of land or building, and all such information as may be included on a form to be furnished by the village.
(b) A record of all applications and certificates issued shall be kept on file in the office of the Building Department and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
(J) Enforcement. The duty of administering and enforcing the provisions of the zoning code is hereby conferred upon the Building Department. The Department may promulgate rules and regulations as it may determine as necessary to supplement the administration of the chapter. After certification by the council, such rules of the Building Department shall have the same force and effect as the other provisions of this chapter.
(1) Inspection and order for removal of violation. The Building Department is hereby empowered to enter any premises at a reasonable time to inspect a reported violation of the chapter, examine and to order, in writing, the remedying of any condition found to be existing in violation of any provisions of this chapter. After such an order is served or posted on the premises, no work, except to correct or comply with said violations shall proceed on any building or tract of land until said violation is corrected.
(2) Offense for noncompliance. A person or corporation shall be guilty of a misdemeanor, where any violation of any of the provisions of this chapter exists in any structures, building or tract of land; where an order to remove any such violation has been served on the owner, lessee or tenant of the structure, building or tract of land, or part thereof, or upon the architect, building contractor or any person who commits or assists in any such violation; and where such person shall fail to comply with such order with 90 days after the service of notice thereof.
(3) Civil action. In the event any building or structure is being erected, constructed, altered, repaired or maintained in violation of the provisions of this chapter, or there is an imminent threat of violation, the village or the owner of any contiguous or neighboring property who would be especially damaged by such violation may institute and maintain, in addition to any other remedies provided by law, a suit in the Court of Common Pleas of the county, for injunction to terminate or prevent such violation as a public nuisance.
(4) Records and reports. The Building Department shall keep, or cause to be kept, a record of any decisions, determinations or conclusions reached by the Department in connection with the enforcement of the zoning code. Such records shall be open to public inspection during regular business hours.
(Ord. 656-70, passed 2-16-1970) Penalty, see § 155.99