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Lincoln Heights City Zoning Code

ADMINISTRATION

§ 153.210 OFFICE OF BUILDING INSPECTOR.

   The Building Inspector of the village and such deputies or assistants that have been, or shall be duly appointed by the village, shall enforce the Zoning Code, and in addition thereto, and in furtherance of the authority shall:
   (A)   Issue all building permits and certificates of occupancy and make and maintain records thereof;
   (B)   Conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this chapter;
   (C)   Maintain permanent and current records of the chapter, including, but not limited to, all maps, amendments, special uses, variations, appeals, and applications therefor;
   (D)   Receive, file, and forward to the Planning Commission, all applications for special uses or petitions for amendments to this chapter which may be filed initially in the office of the Building Inspector;
   (E)   Receive and transmit to the Zoning Board of Appeals copies of applications for appeals, variations, and other matters on which the Zoning Board of Appeals is authorized to decide under this chapter; and
   (F)   Provide such clerical and technical assistance as may be required by the Zoning Board of Appeals in the exercise of its duties.
(1995 Code, § 153.210) (Ord. 68-15, passed 8-22-1968)

§ 153.211 BUILDING PERMIT.

   (A)    (1)   No building or structure shall be hereafter erected, reconstructed, altered, or razed, nor shall any work be started to erect, move, reconstruct, alter, or raze until a building permit shall have been applied for in writing and issued by the Building Inspector, nor shall any change be made in the use of any building or land without a building permit having been obtained from the Building Inspector.
      (2)   Satisfactory evidence of ownership of the entire lot shall accompany all applications for permits under the provisions of this chapter. No such building permit shall be issued to erect a building or structure or make any change of use of a building or land unless it is in conformity with the provisions of this chapter and all amendments hereto. If the permit is denied, reasons for the denial shall be provided to the applicant in writing.
      (3)   Unless construction is started within six months after the date of issuance of a building permit, the building permit shall automatically become void and fees forfeited. The Building Inspector may reinstate a building permit that has become void for failure to commence construction without payment of further fees in his or her discretion. Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the Building Inspector in advance of issuance. The amount of such fees shall be established by resolution of Village Council.
      (4)   Unless 50% of the construction of the building of structure is completed within 18 months after the issuance of the building permits, the Building Inspector may declare such building permit void.
   (B)   The Building Inspector shall record all nonconforming uses existing at the date of this chapter for the purposes of carrying out the provisions of §§ 153.170 et seq.
   (C)   (1)   The Building Inspector shall require that all applications for building permits be accompanied by plans and specifications including a plot plan, in duplicate, drawn to scale, showing the following:
         (a)   The actual shape, location, and dimension of the lot drawn to scale.
         (b)   The shape, size, and location of all buildings or other structures on it, including, in residential areas, the number of dwelling units the building is intended to accommodate.
         (c)   Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
      (2)   One copy of the plans shall be returned to the applicant by the Building Inspector after he or she shall have marked such copy either as approved or disapproved. The second copy shall be retained in the office of the Building Inspector.
   (D)   On completion of the work authorized by a building permit, the holder thereof shall seek final inspection thereof by notifying the Building Inspector.
(1995 Code, § 153.211) (Ord. 68-15, passed 8-22-1968; Am. Ord. 2-25-85, passed - -) Penalty, see § 153.999

§ 153.212 OCCUPANCY PERMITS.

   (A)   No land, building, structure, or part thereof shall be occupied or used, and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose unless and until a certificate of occupancy shall have been issued by the Building Inspector for such new use. No land, or building shall be occupied or reoccupied, used, or changed in use, now or hereafter erected or altered, until a certificate of occupancy and compliance shall have been issued by the Building Inspector stating that the land or building or proposed use of land or building complies with all the building or health laws and ordinances and provisions of this chapter.
   (B)   Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary for safety of life and property.
   (C)   Certificate of occupancy and compliance shall be applied for coincident with the application for a building permit. The certificate of occupancy and compliance shall be issued within 21 days after receipt of notice of completion of erection or alteration of such building, and proof of compliance with requirements of this and other applicable ordinances.
   (D)   A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having proprietary or tenancy interest in the property involved. A fee shall be charged for each original certificate and each copy thereof, the amount of which shall be established by resolution of the Village Council.
(1995 Code, § 153.212) (Ord. 68-15, passed 8-22-1968) Penalty, see § 153.999

§ 153.213 CERTIFICATES FOR DWELLING ACCESSORY BUILDINGS.

   Building accessories to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwelling.
(1995 Code, § 153.213) (Ord. 68-15, passed 8-22-1968)

§ 153.214 APPLICATION FOR CERTIFICATES.

   Application for certificates of occupancy shall be made in writing to the Building Inspector on forms furnished by the Department and such certificates shall be issued if, after final inspection, it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified in writing of such refusal and cause thereof.
(1995 Code, § 153.214) (Ord. 68-15, passed 8-22-1968)

§ 153.215 ISSUANCE OR REFUSAL OF PERMITS.

   If the Building Inspector determines that an application is in compliance with the provisions of this chapter, it will be his or her duty to issue the appropriate permit, if he or she determines that the application is not in compliance with the provisions of this chapter, it shall be his or her duty to refuse the permit, in which case he or she shall instruct the applicant in the method of appeal of the application to the Zoning Board of Appeals.
(1995 Code, § 153.215) (Ord. 68-15, passed 8-22-1968)

§ 153.216 SPECIAL EXCEPTIONS PERMITS.

   (A)   Purpose. The development and execution of the Zoning Code is based on the division of the village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified into any particular district or districts without consideration in each case of the impact of those uses on neighboring lands, and on the public need for the particular use of the particular location. Such special uses fall into two categories:
      (1)   Uses operated by a public agency or publicly-regulated utilities, or uses traditionally affected with a public interest; or
      (2)   Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact on neighboring property or public facilities.
   (B)   Authorization. Special uses shall be authorized only by the Village Council, provided that no application for a special use shall be acted on by the Village Council until after a public hearing is scheduled and notice posted, and thereafter held by the Planning Commission and its findings and recommendations are reported to the Village Council.
   (C)   Application. An application for special use shall be filed with the Village Council. The application fee for requesting a special exception permit shall be $250 per application, plus actual costs incurred by the village for processing such application. Accordingly, an additional $250 refundable deposit shall be made for the anticipated costs of processing the special permit application. The Village Council shall process such applications in the manner prescribed herein for amendments to this chapter.
   (D)   Standards. No special use shall be granted by the Village Council unless the special use:
      (1)   Is deemed necessary for the public convenience at that location;
      (2)   Is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected; and
      (3)   Will not cause substantial injury to the value of other property in the neighborhood in which it is located.
   (E)   Conditions. The Planning Commission may recommend and the Village Council may provide such conditions and restrictions on the construction, location, and operation of a special use, including, but not limited to, location of points of vehicular ingress and egress, off-street parking and loading, and building setbacks, as may be deemed necessary to promote the general objectives of this chapter, and to minimize any injury to the value of property in the neighborhood. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of the permit for such special use.
   (F)   Expiration of a special exception. Unless otherwise specified by the Council, a special exception shall expire if the applicant fails to obtain a building permit or use and occupancy permit, as the case may be, within six months from the date of authorization thereof.
(1995 Code, § 153.216) (Ord. 68-15, passed 8-22-1968; Am. Ord. 2016-O-6, passed 6-13-2016)