§ 94.17 CONSTRUCTION AND USE PERMIT REQUIRED.
   (A)   No person shall construct or commence the construction of a new driveway or curb cut or relocation, extension or any type of resurfacing of an existing driveway or curb cut or make any change in use of a parcel of real estate with an existing driveway until a driveway permit has been obtained from the Village Building Official in accordance with the provisions of this subchapter. However, no permit shall be required for normal driveway maintenance such as sealing and patching.
   (B)   The Village Building Official shall grant a permit if the application conforms to all safety, drainage, location and other concerns of this subchapter as determined by the Village Building Official.
   (C)   The Village Building Official may grant a permit with conditions where he or she deems necessary.
   (D)   If the Village Building Official determines that, in his or her opinion, the driveway, even with modifications, would still not be safe or in the best interest of the public’s health, safety or welfare, he or she shall refer the application to Planning Commission for review and determination.
   (E)   If the Village Building Official imposes modifications or conditions in granting a permit, the applicant may appeal the decision to the Board of Zoning Appeals. Such appeal shall be made in writing within 15 days of receipt of the modified permit approval. The Board of Zoning Appeals shall consider the appeal and may affirm, modify or delete the modifications or conditions.
   (F)   Any conditions for the construction of driveways specified by the Village Building Official, or his or her designate, under this subchapter shall be provided in writing to the applicant at the time the permit is issued.
(`76 Code, § 903.03) (Ord. 10-2-1992, passed 12-17-92)