A. Conformity With Code Required. If the Director or any of the required building officers determine that the work proposed in the application does not conform with the requirements of this code, the Director shall not approve the requested permit and shall provide plan review comments to the owner. If the Director and all required building officers determine that the proposed work conforms with the requirements of this code, the Director shall approve the permit.
B. Trees, Shrubbery and Plants. No building permit for new structures, additions or structural changes or repairs to existing structures shall be issued unless the owner has complied with the provisions of Section 15.28.010 of this code and fees are paid relating to tree enhancement and preservation.
C. Zoning Conformity Required. No building permit for new structures or additions shall be issued unless the owner has complied with the provisions of the Title 17 of this code relating to zoning regulations. Any property upon which the construction of any new primary structure is to occur, shall be a single lot of record.
D. Occupation of Public Rights-of-Way. No person shall deposit or store upon any street, parkway or sidewalk, any materials, tools, apparatus or structure designed or intended to be used in any construction activity, unless a street occupation permit is first obtained from the Director.
E. Work Affecting Public Way and Property; Excavation of Public Rights-of-Way. No permit authorizing any construction activity in, on or above any part of any public right-of-way or other public property shall be issued unless the applicant has first complied with the applicable requirements of Title 12 of this code. No permit authorizing any construction activity that involves the excavation or disturbance of any public right-of-way, including any street, pavement, parkway, sidewalk or crosswalk, or any part, shall be issued unless the applicant has first complied with the applicable requirements of Title 12 of this code, including obtaining all required permits.
F. Flood Hazard Areas. No building permit for new structures or additions shall be issued for property within a flood hazard area, as defined in Chapter 15.68 of this code, unless the applicant has first complied with all applicable provisions of that chapter and the Watershed Management Ordinance.
G. Drainage of Surface Water. No building permit for new structures, additions, impermeable surfaces, or grading activities shall be issued unless the applicant has complied with all applicable provisions of Chapter 15.26 and the Watershed Management Ordinance.
H. Use of Water. The use of water from Village mains for construction activity shall be governed by such regulations as shall be issued by the Water and Electric Department.
I. Landmarks. No permit shall be issued for any construction activity affecting an external architectural feature of a building or structure that has been designated a landmark pursuant to Chapter 15.64 of this code unless the Winnetka Historic Preservation Commission has completed its review of an application for certificate of appropriateness for such work in the manner set forth in Chapter 15.64.
J. Certificate of Appropriateness of Design. No building permit shall be issued for any work affecting an external architectural feature, site improvement or other work for which a certificate of appropriateness of design is required pursuant to Chapter 15.40, unless the Design Review Board has first issued such certificate.
K. Development Agreement. The Director shall not issue any permit for new multifamily or commercial primary structures unless the owner executes a development agreement with the Village. The development agreement shall include, without limitation, provisions regarding the following: (1) conditions to be met before building permits are approved; (2) development of the property; (3) independent plan review and inspectional services; (4) public and site improvements; (5) construction traffic and staging area(s); (6) performance sureties; (7) fees and agreements; (8) liability and indemnity of the Village; and (9) plats and easements.
L. Land Grading. No permit shall be issued for any land grading that will permanently alter the existing land elevation or grade of a parcel of property unless the applicant has complied with all applicable provisions of Chapter 15.26 and the Watershed Management Ordinance.
M. Watershed Management. No permit shall be issued for any development regulated by the Watershed Management Ordinance unless and until the Village Engineer has determined, upon review of the permit application, that the proposed development meets all applicable requirements of the Watershed Management Ordinance.
N. Waste Reduction and Recycling Plan. No permit shall be issued for any construction activity that is covered work, as that term is defined in Section 15.54.040 of this Code, unless and until the Director has reviewed and approved the waste reduction and recycling plan required for such work pursuant to Section 15.54.080 of this Code.
(MC-06-2024, Amended, 7/16/2024; MC-5-2014 §§ 9-12, 04/17/2014; MC-5-2010, § 3, Amended 10/19/2010; MC-8-2001, Amended, 08/21/2001; MC-193-97 §§ 3, 4, 1997; MC-192-97 § 13, 1997; prior code § 23.16)