Black Earth Village
City Zoning Code
City Zoning Code
ARTICLE II
Permits, Records and Certificates
§ 310-7 Zoning permit and compliance required.
No structure or land shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit, except minor structures, and without full compliance with the provisions of this chapter and all other applicable local regulations.
§ 310-8 Building Inspector to keep records and submit reports.
The Building Inspector shall keep the official records, all water surface profiles, floodplain zoning maps, floodplain zoning ordinances, nonconforming uses and changes thereto, permit applications, permits, appeals, variances and amendments related to floodplain zoning under this chapter. The Building Inspector shall submit copies of any required data, variances, amendments, case-by-case analyses, annual reports, and any other required information to the Department of Natural Resources. An annual summary showing only the number and types of zoning actions taken by the Village shall be submitted to the Department by the Building Inspector. The Building Inspector shall investigate, prepare reports and report violations of the floodplain zoning provisions of this chapter to the appropriate Village committee and to the Village Attorney with copies to the appropriate district office of the Department of Natural Resources. The Building Inspector shall submit copies of texts, amendments and annual reports to the Federal Insurance Administration Office of the Federal Emergency Management Agency. The Building Inspector shall maintain on file a list of all documentation of certified elevations.
§ 310-9 Zoning permit.
A.
Permit application. Applications for a zoning permit shall be made in duplicate to the Building Inspector on forms furnished by the Village Clerk-Treasurer and shall include the following where applicable:
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer, or contractor.
(2)
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3)
Plat or survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structure; existing and proposed easements, streets, and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; and existing and proposed street, side, and rear yards. In addition, the plat or survey shall show the location, elevation and use of any abutting lands and their structures within 40 feet of the subject site and shall show the center line of abutting highways and the high-water mark of any abutting watercourse. The plat or survey shall also show any private water or on-site sewage disposal system to be installed, including a sketch showing surveyed location of wells, streams, lakes, buildings, privies and septic tank systems within 100 feet of the proposed sewage disposal site. In case of simple extensions, alterations, repairs or restoration, the Building Inspector may waive any or all of the requirements hereunder and accept in lieu thereof a simple sketch by the applicant with explanatory data found sufficient by the Building Inspector to adequately identify and explain the proposed construction and use.
(4)
Proposed utility connections.
(a)
Unless said property is already attached to the municipal sewerage system, said applicant shall provide a sketch in detail of proposed connection to the municipal sewerage system. It is hereby provided that the Director of Public Works of the Village of Black Earth shall provide, without charge, on the request of any applicant, the necessary information as to available sewerage service. Such information shall include details as to the applicable connection charges if the sewer service is available on the street involved or, if not, details as to the cost and feasibility of necessary extension of the municipal service mains, manholes and other appurtenances. Included in this information shall be the availability of basement floor drains and the necessity of a lift pump on the property of the applicant or an additional municipal lift station. Similar information shall be supplied as to availability and proposed connections to the Municipal Water Utility and the Municipal Electric Utility. The handling of stormwater from said property or any changes in the discharge of such water shall be shown. All municipal ordinances and rules of the Village of Black Earth or any of its municipal utilities as to sewer and water main extensions, connections to municipal utilities, including compulsory connections, the handling or stormwater and provisions or requirements as to curb, gutters, sidewalks and streets now in existence or hereafter adopted apply to any new buildings or extensions to present buildings.
(b)
As a part of the application to be filed with the Building Inspector or before the granting of the permit, the Director of Public Works shall certify as to the requirements of the Village or of the Village utilities as to the handling of any of the matters above enumerated, estimated costs of the same and the applicable rules as to the payment of costs by the applicant, including the time of payment or any available deferment thereof. Said application shall also indicate as to whether or not the use of gas utility service is contemplated, and, if it is contemplated, a similar certificate shall likewise be furnished by the applicant from the public utility furnishing the gas service.
(5)
Additional information as may be required by the Village Board, Building Inspector, Director of Public Works or Health Officer.
(6)
Fee receipt from the Village Clerk-Treasurer in the amount set by Board resolution.
B.
Grant or denial of permit.
(1)
The zoning permit shall be granted or denied in writing by the Building Inspector within 30 days, except that if said matter involves a conditional use the same shall be referred to the Village Board or, if it involves an exception or variance, to the Board of Appeals. If, however, it appears to the Building Inspector that the applicant should have applied for a conditional use or a variance, the Inspector shall return the application to the applicant and advise the applicant to apply for a conditional use or variance. If it is not clear to the Building Inspector whether the application should have been for a permissible use, a conditional use or a variance, the Building Inspector may refer the same to the Village Board for decision.
(2)
The permit shall expire within six months unless substantial work has been commenced.
(3)
No permit shall be issued by the Building Inspector if it is the determination of the Building Inspector that the granting of the permit would violate or be in conflict with the restrictions set forth hereinafter in this chapter, and if the Building Inspector is uncertain as to making a determination as to a violation or conflict the Building Inspector may refer the same to the Village Board for decision.
§ 310-10 Certificate of occupancy.
No vacant land shall be occupied or used and no buildings hereafter erected, altered or moved shall be occupied until a certificate of occupancy has been issued by the Building Inspector. Such certificate shall show that the building or premises or part thereof and the use thereof are in conformity with the provisions of this chapter and that all conditions of the building and zoning permits for erection or alteration have been met. Such certificate shall be issued only when the building or premises and the use thereof conform to all the requirements of this chapter.
§ 310-11 Building permit required.
No structure, water or land shall hereafter be used, no land use shall be substantially changed and no structure shall be erected, moved, or structurally altered, without full compliance with the terms of this chapter and other applicable regulations, until a building permit has been issued.