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Oak Lawn City Zoning Code

CHAPTER 3

BUILDING REQUIREMENTS; PERMITS; CERTIFICATES

4-3-1: COMPLETING OF BUILDINGS UNDER EXISTING PERMITS:

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued or complete plans for which are on file with the office of the director of office of quality control at the effective date hereof and the construction of which, in either case, shall have been diligently prosecuted within three (3) months of the date of such permit, and which entire building shall have been completed according to such plans as filed within one year from the effective date hereof.

4-3-2: LOTS OF RECORD:

No building permit shall be issued on any substandard lot, which lot was of record at the effective date hereof, unless said lot or a combination of existing substandard lots or parts of substandard lots equal fifty feet (50') in lot width and six thousand two hundred fifty (6,250) square feet of lot area. Combining of substandard lots or parts of substandard lots to provide the above minimum frontage and square foot area must be approved by the Zoning and Planning Commission and the board of trustees and a plat of resubdivision is required.

4-3-3: EXTERIOR WALLS:

   A.   In R-1 and R-2 districts, the exterior walls of all buildings and attached accessory buildings shall be constructed of a minimum of fifty percent (50%) face brick or fifty percent (50%) face brick veneer.
   B.   In all zoning districts other than R-1 and R-2, the exterior walls of all buildings and accessory buildings shall be constructed of materials other than exposed concrete, concrete/cinder block (except that solid nonflat face concrete block shall be allowed provided it has a compression strength of at least 2,500 psi), wood, sheet metal or horizontal lap siding, and, in addition, said exterior walls shall not be of frame construction. An appeal from the provisions of this paragraph shall be directed to the Zoning & Planning Commission and shall comply with the procedures as set forth in Section 2-1-7-2 of this Code. (Ord. 23-11-35)

4-3-4: CERTIFICATE OF OCCUPANCY:

   A.   Certificate Required: No building, or addition thereto, constructed after the effective date hereof, and no addition to a previously existing building shall be occupied, and no land vacant on the effective date hereof shall be used for any purpose until a certificate of occupancy has been issued by the director of office of quality control. No change in a use other than that of a permitted use shall be made until a certificate of occupancy shall be issued by said director. Every certificate of occupancy shall state that the use or occupancy complies with all the provisions of this title.
   B.   Application For Certificate, Fees: Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the director of office of quality control on forms provided by the village. The fee for said certificate shall be as provided by section 6-1A-9 of this code.
   C.   Issuance Of Certificate:
      1.   Compliance Required:
         a.   No occupancy certificate for a building or addition thereto constructed after the effective date hereof shall be issued until construction has been completed and the premises inspected and certified by the director of office of quality control to be in conformity with the plans and specifications upon which the zoning certificate was based.
         b.   No occupancy certificate for a building or addition thereto constructed after the effective date hereof shall be issued and no addition to a previously existing building shall be occupied until the premises has been inspected and certified by the director of office of quality control to be in compliance with all the applicable performance standards of the zoning district in which it is located.
      2.   Temporary Certificate: Pending the issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period not to exceed six (6) months from its date during completion of any addition or during partial occupancy of the premises.
      3.   Time Limit: An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than fourteen (14) days after the director of office of quality control and zoning is notified in writing that the building or premises is ready for occupancy.
   D.   Records: A record of all certificates of occupancy shall be kept on file in the office of the director of office of quality control and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or in a building affected by such certificate of occupancy.

4-3-5: ZONING CERTIFICATES:

   A.   Certificate Required: Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department or employee of the village unless the application for such permit has been examined by the director of office of quality control and has affixed to it a certificate of the director of office of quality control indicating that the proposed building or structure complies with all the provisions of this zoning title. Any permit or certificate of occupancy issued in conflict with the provisions of this title shall be null and void.
   B.   Application For Certificate, Issuance: In the event that an application has affixed to it the certificate of an architect or structural engineer licensed by the state of Illinois certifying that the building or structure and the use thereof comply with all provisions of this title respecting performance standards, the director of office of quality control shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate provided all other relevant provisions of this title are complied with. Such certificate shall be valid for all purposes. However, within fifteen (15) days after the date of such approval, the director of office of quality control shall examine said application and shall advise the architect or engineer in writing if the building, structure or use thereof does not in fact comply with the performance standards. Failure of the architect to show compliance within thirty (30) days of such notification shall be cause for revocation of the zoning certificate.

4-3-6: PLATS:

Every application for a building permit shall be accompanied by the following:
   A.   A plat of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a land surveyor or civil engineer licensed by the state of Illinois as a true copy of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the registered or recorded plat of such land. One copy of the plat shall be attached to the application for a building permit when it is submitted to the director of office of quality control for a zoning certificate and shall be retained by the said director as a public record.
   B.   A plat, drawn to scale in such form as may, from time to time, be prescribed by the director of office of quality control, showing the ground area, height and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building, structure or land, and such other information as may be required by the director of office of quality control for the proper enforcement of this title. One copy of plat shall be attached to the application for a building permit when it is submitted to the director of office of quality control for a zoning certificate and shall be retained by the said director as a public record.
   C.   A recent surveyor's plat of survey of the lot in duplicate, or duplicate prints thereof, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, the size, shape and location of any existing buildings, area for parking, and such other information as may be necessary to provide for the enforcement of this title. A record of applicants and plats shall be kept in the office of the director of office of quality control. One copy of a similar surveyor's plat, showing the actual building location, shall be filed with the director of office of quality control prior to issuance of a certificate of occupancy.
   D.   For all planned developments, residential, commercial and/or office, there shall be filed with the village an as constructed, spot-in survey certified by a registered land surveyor or civil engineer licensed by the state of Illinois, showing the actual square footages of green space, parking areas, aisles and driveways, loading areas and garbage facilities. The administration shall report any deficiencies from the plans as approved by the board of trustees.

4-3-7: MISCELLANEOUS CONSTRUCTION REQUIREMENTS:

No dwelling unit shall have the finished floor of the main floor below the outside grade.

4-3-8: TEMPORARY BUILDINGS, TRAILERS, PORTABLE STORAGE UNITS:

   A.   Except for temporary buildings used in conjunction with construction work as provided in section 4-2-4-2 of this title, temporary buildings shall not be allowed in any zoning district unless approved by the president and board of trustees, and if approved, shall be removed by the owner or person in control thereof upon expiration of the time limit established by the president and board of trustees.
   B.   Except for temporary construction trailers used in conjunction with construction work as provided in section 4-2-4-2 of this title, storage trailers and portable storage units (including portable on demand storage units) shall be permitted on property in the village only for a period not to exceed sixty (60) days during any twelve (12) month period. Before a storage trailer or portable storage unit may be permitted, the owner of the property on which the trailer or storage unit will be located shall apply for a permit upon forms furnished by the department of quality control. The trailer or storage unit shall be allowed only in the location identified in the permit. The permit shall be valid for thirty (30) days and, upon application, may be renewed for an additional thirty (30) days, subject to the sixty (60) day limitation set forth above. The fee for the original permit shall be thirty dollars ($30.00). The charge for renewal of the permit shall be sixty dollars ($60.00), which renewal charge shall be comprised of a thirty dollar ($30.00) permit fee and a thirty dollar ($30.00) refundable deposit. The refundable deposit shall be returned to the permittee, provided that the storage trailer or portable storage unit is removed from the site on or before the expiration date of the renewal permit.
   C.   The number of storage trailers or public storage units allowed on any residential property shall be limited to two (2).
   D.   The placement of temporary buildings, construction trailers or portable storage units on property owned or in use by public and private schools, park districts, libraries, hospitals and charitable organizations or causes shall be exempt from the requirements of this section.
   E.   It shall be unlawful to allow or permit any temporary building, trailer or portable storage unit to remain after the expiration of the time period allowed by this section, and each day said temporary building, trailer or portable storage unit remains after the expiration of said time period shall constitute a separate and distinct offense.

4-3-9: ADMINISTRATIVE OCCUPANCY PERMIT FOR COMMUNITY RESIDENCES:

   A.   A community residence shall not be occupied by any resident unless the sponsor shall have first obtained from the department of quality control an administrative occupancy permit authorizing the use of the dwelling unit as a community residence.
   B.   All administrative occupancy permits shall be issued upon written application upon forms furnished by the department of quality control. The application shall be under oath and shall state the following:
      1.   The date of application;
      2.   The name and address of the applicant, and if a corporation the name and address of the registered agent, president, secretary and treasurer, and if a partnership, the name and address of all partners, including limited partners;
      3.   The proposed location of the community residence;
      4.   The number of residents to be housed in the community residence;
      5.   The proposed date of occupancy by residents;
      6.   The number of other persons that will reside within the community residence, classified according to their respective duties;
      7.   The number of other persons that will work at the community residence or provide support services at the community residence to its residents, classified according to their respective duties; and
      8.   Any other information that the department of quality control may reasonably require.
   C.   The application shall be accompanied by reliable evidence that the sponsor is licensed or similarly authorized by an agency of the state of competent jurisdiction to operate the proposed community residence in the proposed location. A duplicate document filed with the licensing agency shall accompany the application. The absence of such evidence shall constitute sufficient grounds to deny the administrative occupancy permit.
   D.   The application shall also be accompanied by the certificate or affidavit of the sponsor that the residents to be housed in the community residence have been evaluated and screened as required under applicable statutes and administrative regulations and that the residents are capable of community living if provided with an appropriate level of supervision, assistance, and support services.
   E.   No administrative occupancy permit shall be issued for a community residence that does not comply with any ordinance of the village or applicable regulation of the state or its agencies.
   F.   No administrative occupancy permit shall be issued for a community residence that does not comply with the spacing provisions relative to community residences.
   G.   The information provided on an administrative occupancy permit application shall be updated by the applicant every six (6) months after the issuance of the administrative occupancy permit. Said update shall be on a form to be provided by the department of quality control.
   H.   The village manager may revoke an administrative occupancy permit on the following grounds:
      1.   The permit was obtained by fraudulent means, material misrepresentation or by submitting false information;
      2.   The sponsor is no longer licensed or authorized by an agency of the state of competent jurisdiction to operate a community residence at the location specified in the permit;
      3.   The sponsor has unlawfully refused to permit an inspection of the community residence by an authorized official of the village; or
      4.   The community residence has been determined by an appropriate official of the village to be unsafe for human habitation.
Prior to the revocation of an administrative occupancy permit, the village manager or his designee shall investigate whether probable cause for revocation may exist and, if so, shall notify the sponsor in writing of reasons for the proposed revocation and grant the sponsor the opportunity to appear before the village manager or his designee at a time and place specified within such notice. Such hearing shall be held not less than ten (10) days after the notice is received by the sponsor. Hearings shall be conducted under rules issued by the village manager. Such rules shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross examine witnesses and be represented by legal counsel. If after the hearing the village manager or his designee determines that the permit should be revoked, a written order revoking the permit shall be issued.
   I.   An administrative occupancy permit is not transferable to any other person.
   J.   For purposes of this section, "sponsor" shall mean any person licensed or similarly authorized by an agency of the state of competent jurisdiction to operate a community residence. (Ords. 75-10-55, 77-8-7, 81-36-77, 85-9-23, 85-14-46, 88-22-84, 90-11-46, 90-16-68, 92-11-45, 93-9-24, 94-4-13, 07-08-27, 19-16-66)