(a)

Applicability. No building or structure (except signs exempt from the provisions of this chapter) shall be erected, constructed, reconstructed, altered, moved or enlarged until a zoning permit has been obtained from the zoning administrator or building inspector.

(b)

Application for zoning permit. Application for a zoning permit shall be made in writing upon a form furnished by the village and shall include the following information:

(1)

Name and address of the owner of the land and the owner of the building or structure if different.

(2)

A nonrefundable application fee as set forth in the zoning fee schedule, reference this code section.

(3)

Site plan and construction plans drawn to scale, showing the actual shape and dimensions of the lot to be built upon and the exact sizes and locations on the lot of buildings or structures already existing, if any, and the exact sizes and locations on the lot of buildings or structures proposed to be erected, constructed, reconstructed, altered or enlarged.

(4)

The existing and/or proposed use of all buildings or parts thereof on the lot.

(5)

The number of families the building is designed to accommodate, the net ground floor area of the building foundation, the net floor area of the building, or the number of employees the building is designed to accommodate.

(6)

The location and number of required off-street parking and loading spaces.

(7)

Such other information with regard to the lot and existing or proposed buildings or structures as may be necessary to determine compliance with and provide enforcement of these regulations including, but not limited to, a detailed plan of any existing private domestic sewage treatment and disposal system.

(c)

Approval and issuance of zoning permit. If the zoning administrator or building inspector determine that the proposed structure or building will comply with the provisions of this chapter, he/she shall officially approve and sign one set of plans and return it to the owner or applicant, and shall issue a zoning permit which shall be kept on display at the site of the proposed building or structure.

(d)

Construction to be as provided in applications. Zoning permits issued on the basis of applications and plans approved by the zoning administrator or building inspector authorizes only the use, arrangement and construction set forth in such approved applications and plans. Use, arrangement and construction at variance with that authorized shall be deemed a violation of this chapter.

(e)

Lapse of permit. A zoning permit shall have lapsed and be void after one year from date of issuance. Final occupancy shall be obtained during this one-year period or a new zoning permit shall be obtained. The zoning administrator or building inspector may extend the original permit for up to six months with an additional fee as set forth in the zoning fee schedule, reference this code section.

(f)

Improper issuance. A zoning permit which was issued in error or under a misstatement of fact by the applicant shall not create any right in such permit, and the village shall be entitled to revoke such permit.

(g)

Prior permits. No zoning permit lawfully issued by the administrator or building inspector prior to the effective date of adoption or amendment of this chapter shall be invalidated by the adoption or amendment of this chapter. Such permit shall remain valid and subsisting subject only to its own terms.

(h)

Exemptions. The following shall be exempt from a zoning permit:

(1)

New and/or additions to driveways and patios or other impervious surfaces that are less than 100 square feet in area provided that the impervious surface coverage for the zoning district shall be met.

(Ord. No. 10-147, § 14.0(1), 7-27-2010)

See section 117-184(c)(4), signs and billboards, sign permit.

(Ord. No. 10-147, § 14.0(2), 7-27-2010)

No new building shall be used or occupied; no existing building which is hereafter structurally altered, relocated or reconstructed shall be used or occupied; no nonresidential building shall have a change in use or tenancy; and no vacant land shall be used until a certificate of occupancy has been issued by the building inspector or zoning administrator.

(a)

Certificate of occupancy. A zoning certificate of occupancy from the building inspector or zoning administrator shall be required.

(1)

Application. The owner or tenant of a building or parcel of land shall apply to the building inspector or zoning administrator for a certificate of occupancy:

a.

Concurrent with an application for a zoning permit, where applicable.

b.

Prior to a change in occupancy of a building or parcel of land, under circumstances where a zoning permit application was not required.

(2)

Conditions for issuance. A certificate of occupancy shall be issued by the building inspector or zoning administrator within two business days of the final inspection of the building or parcel of land subject thereto, provided that such building or parcel of land is in compliance with all applicable provisions of this chapter, section 117-56, and lot grading as part of an approved drainage/grading plan for a subdivision or development.

(3)

Forms. The certificate of occupancy, where issued, shall certify compliance with the applicable conditions and standards and state the use of the building or parcel of land which is approved, whether conforming or lawfully nonconforming with this chapter. The certificate of occupancy shall in no event certify compliance with any environmental law, rule or regulation or another other law, rule or regulation not found in this chapter.

(b)

Temporary certificate of occupancy.

(1)

Eligibility and application. The owner or tenant of a building or parcel of land which is not eligible for a certificate of occupancy, but will meet the eligibility requirements of this chapter within the time period specified under this section, may apply to the building inspector or zoning administrator for and obtain a temporary certificate of occupancy as hereinafter provided. The application must be made and certificate obtained prior to occupancy.

(2)

Term. The term of a temporary certificate of occupancy shall not exceed the following:

a.

Winter temporary occupancy permit. An applicant may obtain a winter temporary occupancy permit for any occupancy occurring between November 1 and June 30. The temporary occupancy permit may be obtained upon payment of an application fee as set forth in the zoning fee schedule, reference this code section, by posting of cash performance deposit and compliance with this section. All temporary winter occupancy permits shall expire on June 30.

b.

Special 30-day temporary occupancy permit. An applicant may obtain a special 30-day temporary zoning occupancy permit between July 1 and October 31. This permit may be obtained upon payment of a nonrefundable application fee as set forth in the zoning fee schedule, reference this code section, by posting of the required cash performance deposit and compliance with this section. Applicant may obtain an additional 30-day extension upon payment of an additional nonrefundable application fee. The total duration for a special 30-day temporary occupancy permit, with extension, shall not exceed 60 days.

(3)

Conditions and standards for issuance of temporary certificate of occupancy. A temporary certificate of occupancy shall be issued by the building inspector or zoning administrator within two working days of an inspection of a building or parcel of land subject thereto, provided such building or parcel of land is in compliance with the following standards for issuance:

a.

The building or parcel of land will be the subject of a certificate of occupancy within the period of time specified under subsection (2), term.

b.

With respect to multi-unit residential developments, prior to occupying an individual unit, the exterior of the building shall be 100 percent complete. With respect to commercial, industrial and/or institutional developments, prior to occupying the building or any individual unit or tenant space, the exterior of the building shall be 100 percent complete.

c.

The building or parcel of land shall be capable of being occupied without unduly endangering the public health, safety or welfare.

d.

A completed temporary occupancy permit application shall be submitted and permit fee paid.

e.

All exterior lighting shall be installed.

f.

All paving for streets, drives, sidewalks, and parking areas shall be completed. All parking areas to be paved in asphalt shall have the first lift binder course of asphalt installed.

g.

The site shall be graded in accordance with the approved plans on file with the village.

h.

There shall be compliance with any conditions of approval within an approved conditional use permit, site plan review or developer's agreement and subdivider's agreement, where applicable.

(Ord. No. 10-147, § 14.0(3), 7-27-2010)