Pleasant Prairie City Zoning Code
ARTICLE IV
Permits and Procedures
§ 420-18 Jurisdiction.
§ 420-19 Compliance.
No building or structure, or any part of a building or structure, land, water, or air space within the Village shall be used or occupied, and no building or structure within the Village shall be constructed, placed, moved, extended, reconstructed, structurally altered or repaired or converted to a new use, and no site development work shall be conducted in the Village, except in full compliance with this chapter and all other applicable Village ordinances and codes, all applicable decisions, orders, permits and other approvals made or issued pursuant thereto, and all other applicable federal, state, or local laws, statutes, ordinances, rules or regulations.
§ 420-20 Municipalities and state agencies regulated.
Unless specifically exempted by law, all properties within the Village's jurisdiction are required to comply with this chapter and obtain all required permits.
§ 420-21 Floodplain Zoning Ordinance requirements applicable to filled former floodplains. [1]
[Added 4-11-2024 by Ord. No. 24-05; amended 3-25-2024 by Ord. No. 24-13]
Beginning on April 11, 2024, any property for which a regulatory floodplain boundary adjustment is conducted under Chapter 430 to remove the property from the regulatory floodplain (including approval of a letter of map revision and execution of a community acknowledgement form) remains subject to the requirements of Chapter 430 applicable to the Coastal AE and AO Zones. Pursuant to Chapter 430, § 430-1.5E(5), the property owner shall record with the Kenosha County Register of Deeds a statement, in a form provided by the Village, acknowledging that development in the area previously included in the regulatory floodplain will result in ongoing restrictions on the use of the property under this section.
[1]
Editor's Note: Former § 420-21, Permits not required, was repealed 7-20-2020 by Ord. No. 20-26.
§ 420-22 Permits required.
A.
Types of permits.
(1)
Zoning permit. Unless expressly provided for in this chapter, no person shall construct, place, move, park, enlarge, reconstruct, structurally alter or repair a building, structure or driveway; convert to a new use any building or structure or any part of a building or structure; and no person shall commence any new or expanded use, or resume any prior use after a hiatus of more than one year, of any building, structure or any part thereof, unless a valid zoning permit has first been issued, as required by this chapter, and such permit has neither expired nor been suspended or revoked.
[Amended 7-6-2015 by Ord. No. 15-21; 7-20-2020 by Ord. No. 20-26]
(2)
Conditional use permit. No person shall construct, place, move, enlarge, maintain, reconstruct, structurally alter or repair, or convert to a new use any building or structure, or any part of a building or structure, that requires a conditional use permit pursuant to this chapter unless a valid conditional use permit has been issued and such permit has neither expired nor been suspended or revoked.
(3)
Stipulated shoreland permit. No person shall construct, place, move, park, or enlarge a building or structure; reconstruct an existing building or structure; remove trees or brush; grade; excavate; alter the wetland vegetation, or convert to a new use any building or structure, or any part of a building or structure, that requires a stipulated shoreland permit for the project pursuant to this chapter unless a valid stipulated shoreland permit has been issued and such permit has neither expired nor been suspended or revoked.
[Amended 7-20-2020 by Ord. No. 20-26]
(4)
Stipulated conservancy permit. No person shall remove nonnative wetland or prairie plants; mow or cut any nonnative wetland plants, bushes or trees; plant native wetland plants and plant materials; or burn, debrush or do any other form of wetland maintenance that requires a stipulated conservancy permit for the project pursuant to this chapter unless a valid stipulated conservancy permit has been issued and such permit has neither expired nor been suspended or revoked.
[Amended 7-20-2020 by Ord. No. 20-26]
(5)
Temporary use permit. No person shall construct, place, move, enlarge, reconstruct, structurally alter or repair, or convert to a new use any building or structure, or any part of a building or structure, or occupy any land that requires a temporary use permit pursuant to this chapter unless a valid temporary use permit has been issued, and such permit has neither expired nor been suspended or revoked.
(6)
Home occupation permit. No person shall occupy or convert any building or structure, or any part of a building or structure, for a home occupation unless a valid home occupation permit has first been issued pursuant to this chapter, and such permit has neither expired nor been suspended or revoked.
(7)
Commercial communication structure permit. No person shall construct, modify, alter, place, move, enlarge or reconstruct a commercial communication structure that requires a commercial communication structure permit for the project pursuant to this chapter unless a valid commercial communication structure permit has been issued or the application is approved by failure of the Village to act in a timely manner pursuant to § 420-89 of this chapter or such permit has neither been suspended nor revoked.
[Added 4-7-2014 by Ord. No. 14-08]
B.
Compliance. No person shall obtain or continue to hold a permit except in full compliance with the requirements of this chapter and in full compliance with the terms and conditions of any required permit and in full compliance with the requirements of any applicable approvals, decisions, orders, judgments or other requirements made, issued or imposed pursuant to or in the enforcement of this chapter and in full compliance with the requirements of any other applicable Village, county, state or federal statute, ordinance, code, regulation, permit, approval, decision, order or judgment relating to land use, land division, environmental protection or development control.
C.
Preconditions to issuance of permit.
(1)
No permit application may be deemed complete and no permit may be issued until all of the applicable preconditions set out below have first been satisfied:
(a)
A complete application, signed by the applicant (see the definition of "applicant" in Article XXI), together with all required information and documentation, has been filed with the Village Zoning Administrator;
(b)
All applicable application fees imposed by or pursuant to this chapter have been paid to the Village (and no permit may be issued until all fees imposed by or pursuant to this chapter have been paid);
(c)
All unpaid overdue forfeitures resulting from violations of any Village ordinance or code owed by the applicant or the owner of the property for which the permit is proposed have first been paid, pursuant to § 66.0115, Wis. Stats., unless the imposition of such unpaid forfeiture(s) is being appealed;
(e)
With respect to any lot or parcel created by a land division subject to Chapter 395, Land Division and Development Control, of the Village Code, all public improvements required by that chapter to be completed during the first 12 months after the last required approval of the final plat or certified survey map shall first be completed;
(f)
All outstanding building or zoning violations on the property on which the permit is proposed, regarding which the Village has issued a written notice of violation, have first been cured, unless the notice of violation is being appealed; and
(g)
The use of the property on which the permit is proposed is in conformance with the provisions of this chapter.
(2)
No permit issued by mistake shall be valid or effective until all such preconditions have been satisfied.
D.
Permit application required.
(1)
Prior to filing a permit application, an applicant shall first confer with a zoning official from the Community Development Department regarding the applicable ordinance requirements related to said application.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
A complete permit application shall be filed with the Zoning Administrator on a form supplied by the Zoning Administrator and signed by the applicant. (See the definition of "applicant" in Article XXI.) If the individual signing the application form is not the owner or user of the property, or expressly an officer or partner of such owner or user of the property, the Zoning Administrator may (but has no duty to) require written evidence of the applicant's authority to act as agent of such owner or user. Without limitation, such form shall require the following information: the name, address, telephone number and fax number of the applicant (the owner, occupant or user of the property who/which is seeking the permit); the name, address, telephone number and fax number of any person who is authorized to act for the applicant in connection with the application; the name, address, telephone number and fax number of the owner of the property, if the applicant is not the owner (fax numbers for the applicant, agent and owner are optional); the street address of the property; the tax key parcel number(s) of the property; a representation that the owner of the property has authorized the work specified in the application if the applicant is not the owner; the project description; the zoning classification of the property; the amount of the application fee submitted with the application (if applicable); and the total cost to complete the work proposed within the permit application.
(3)
The information and supporting documents listed below shall be provided or updated by the applicant with any permit application, unless waived in writing by the Zoning Administrator as being unnecessary to determine compliance with the requirements of this chapter. The Zoning Administrator may require additional information as may be needed to ensure compliance with the requirements of this chapter or to facilitate enforcement of this chapter, including but not limited to the following:
(a)
Proposed use(s): use of each existing and proposed building or structure.
(b)
Elevation drawings of proposed buildings or structures.
(c)
Height of each proposed or existing building or structure.
(d)
Site plan(s), drawn to scale, showing at a minimum the date of the plan; name and address of the Wisconsin professional land surveyor or other preparer; the scale and a North arrow; all property and street lines; dimensions of the lot or parcel; location and dimensions of proposed and existing buildings and structures, proposed additions, and of all lateral projections or overhangs; location and dimensions of proposed and existing driveways; location and dimensions of proposed and existing private sewage disposal and treatment systems and holding tanks; applicable highway access restrictions; location of any existing or proposed well; location of any existing or proposed septic system; all floodplains on the lot; all mapped wetlands on the lot; all bodies of navigable water and all shorelands on the lot; all areas of unsuitable soil or steep slope on the lot or parcel; all areas within a primary environmental corridor on the lot or parcel; all areas of proposed site development work, with existing and proposed elevations; location and dimensions of all existing and proposed parking, loading and trash disposal facilities; all applicable setback requirements; all easements for existing and proposed sewerage system facilities, water system facilities, storm sewer or drainage system facilities and utilities; the location and dimensions of all proposed and existing signs; the location of existing and proposed fences.
[Amended 7-20-2020 by Ord. No. 20-26]
(e)
Any additional information as required in this chapter for a particular permit or application or additional information as requested by the Zoning Administrator.
(f)
If valid nonconforming use status is claimed, information sufficient to support the claim that such use was active and actual, not merely incidental, occasional or accessory, when the use became nonconforming; that such use became nonconforming; that such use was legal in its inception; that the use has not been discontinued for any twelve-month period since it became nonconforming; that the use has not been expanded since it became nonconforming and will not be expanded by the proposed project; and that the total past and proposed structural repairs or alterations to any building or structure used for such use (in present dollars) will not exceed 50% of the assessed value of such building.
(g)
Payment of the application fee, if applicable, provided for in or by this chapter.
E.
Incomplete application. The Zoning Administrator is authorized to hold for completion or deny, in his or her discretion, any incomplete permit application. With respect to any such application held for completion, the Zoning Administrator shall promptly notify the applicant in writing by first class mail or by fax what information is needed to complete the application and what if any preconditions must be satisfied pursuant to § 420-22C of this chapter. Any application not completed within 30 days after the filing of the application shall be denied.
F.
Application approval/denial. Applications and all supporting documents and materials shall be submitted in specific quantities required per each application. The Zoning Administrator is authorized to issue zoning permits alone in situations where a building permit or any other permit pursuant to this chapter is not required or is premature.
(1)
As soon as practicable after a permit application is complete, the Zoning Administrator shall approve or deny it. The Zoning Administrator shall have authority to impose any conditions reasonably based upon the requirements of this chapter. The Zoning Administrator shall promptly notify the applicant of the approval of said permit application. The Zoning Administrator shall promptly notify the applicant of the denial in writing by first class mail or by fax and state in such notice the reasons for any denial.
(2)
A permit may not be issued unless the proposed work as described in the application fully complies with all applicable requirements of this chapter and all applicable orders, decisions, permits or other approvals made or issued pursuant to this chapter and with all other applicable Village, county, state or federal statutes, ordinances, codes, regulations, permits or orders relating to land use, land division, environmental protection or development control.
(3)
Among the conditions that shall be imposed on any permit, to the extent applicable, are the following:
(a)
That the applicant has duly authorized the filing of the application and all related information and that all information contained in or submitted in connection with the application is true and accurate;
(b)
That the permit and all terms and conditions thereof must be reviewed and accepted by the applicant prior to commencement of the work and that such commencement constitutes acceptance;
(c)
That commencement of work upon issuance of the required permit(s) constitutes a waiver of any right to appeal the decision or permit of the Zoning Administrator or to otherwise challenge such decision or permit;
(d)
That the applicant shall request the required inspections during the project at least 48 hours in advance to avoid a violation; and
(e)
That the work shall be in full compliance with this chapter and the terms and conditions of the permit and must be in accordance with the approved plans, specifications and other information submitted with the application.
(4)
If a permit is not issued within 30 days after the date on which notice of approval of the application is given, the application approval shall automatically be void. No permit shall be issued on the basis of a void application approval. The applicant may reapply without prejudice.
G.
Permit issuance. A permit shall be issued only upon payment of any required permit fees provided for in or by this chapter. All permits issued pursuant to this chapter shall be posted in a conspicuous place on the premises from the date of issuance to the date of expiration or revocation, or the date of issuance of the related certificate of occupancy, whichever is later.
H.
Binding nature of application. It shall be the duty of the applicant to review and duly authorize the filing of any permit application and information submitted with or in connection with any such application. Every permit shall be conditioned upon the accuracy of all such information. Any permit approved or issued on the basis of materially inaccurate information may be suspended by the Zoning Administrator or revoked or voided by the Zoning Administrator.
I.
Acceptance of permit before commencement of work. It shall be the duty of the applicant to review and accept the terms and conditions of any permit before commencement of work pursuant to such permit. Commencement of work pursuant to a permit automatically constitutes acceptance of the permit and waives any right to appeal or challenge the permit decision, the permit or any condition thereof. Any permit not accepted prior to work commencing may be suspended by the Zoning Administrator or revoked or voided by the Zoning Administrator.
J.
Time limits.
(1)
The time limits for development applications shall be as follows:
(a)
All written site and operational plan or residential development plan approvals issued by the Village shall be effective for a period of 180 days from and after the date of Plan Commission approval of the application for purposes of the granting of any erosion control permit, zoning permit and/or building permit. In the event that conditions precedent to such written approval are not satisfied within such 180-day period, or in the event that necessary erosion control, zoning or building permits are not granted within such 180-day period, a new application for site and operational plan or residential development plan approval shall be filed in accordance with Articles IX and IXA of this chapter. [Note the waiver provisions of said Articles IX and IXA with respect to applications to renew site and operational plan or residential development plan approvals that have lapsed pursuant to this Subsection J(1) or Articles IX and IXA of this chapter.]
[Amended 7-20-2020 by Ord. No. 20-26]
(b)
All conditional use permits and stipulated shoreland permits shall be granted or denied within six months after the application is submitted, unless the time is extended by mutual agreement between the Village and the petitioner/owner. If the above application is granted, the required conditional use or stipulated shoreland grant document shall be signed and the building and zoning permits or erosion control permit shall be issued within six months from the Village approval date of said application. If said grant document is not signed and the permits are not issued, said approval and grant shall be invalid and the applicant shall reapply. A new application, fee and revised plans, which reflect new or amended Village or state requirements, shall be submitted for Village Plan Commission and/or Village Board approval.
(2)
The time limits for zoning permits shall be as follows:
(a)
All zoning permits that have been applied for and approved by the Village, except as noted in above, shall be issued to the petitioner/owner within 30 days from the date the plans were approved. If the permit is not issued, the approval shall be voided. The Village will return the plans to the owner/applicant, and the Village shall invoice the property owner for the plan review fee for the project. If this invoice is not paid per Village requirements, the cost shall be assessed to the property for which the permit application was made. If the permit approval has been voided, the owner/petitioner shall resubmit all of the required applications and application materials for review and approval.
(b)
All zoning permits for residential accessory structures shall expire within 12 months of the issuance of said permit. The applicant may request that the permit be renewed, prior to the expiration, for an additional six months only after paying the required renewal fee. If said permit expires, the applicant shall reapply for a building and zoning permit before recommencing work on the structure. Any permit issued in conflict with the provisions of this chapter shall be null and void.
[Amended 7-6-2015 by Ord. No. 15-21]
(c)
All zoning permits related to the construction of a new single-family or two-family house shall expire within two years, unless the project is substantially completed, as defined below. The applicant may request that the permit be renewed, prior to the expiration, for an additional year only after paying the required renewal fee. If said permit expires, the applicant shall reapply for a building and zoning permit before recommencing work on the structure. Any permit issued in conflict with the provisions of this chapter shall be null and void.
(d)
All zoning permits related to the construction of any commercial, industrial, institutional, government, park and recreation, or multifamily structure shall be completed per Chs. SPS 361 to 365, Wis. Adm. Code, which may be amended from time to time. If said permit expires, the applicant shall reapply for a building and zoning permit before recommencing work on the structure. Any permit issued in conflict with the provisions of this chapter shall be null and void.
[Amended 7-20-2020 by Ord. No. 20-26]
(e)
All zoning permits for a sign shall automatically expire 12 months after the date of issuance of the permit; if a building permit is associated with the permit, said permit shall be automatically extended to match the expiration date of said building permit. After such right expires, or after the permit is revoked or voided, or while it is suspended, no work requiring such a permit shall be commenced, continued or resumed until after a new permit is issued or until after the original permit has been reinstated. A suspension of the permit tolls the remainder of such twelve-month period.
[Amended 7-6-2015 by Ord. No. 15-21]
(f)
A zoning permit may be extended in writing by the Zoning Administrator for up to 60 additional days upon a showing of good cause by the applicant and the payment of any permit extension fee imposed by or pursuant to this chapter, provided that the applicant's rights under the permit have not expired or been revoked or voided. New or amended regulations that have become effective after the approval of the initial permit shall be applied to any application for an extension, and an extension shall not be granted unless the original application is amended to conform to such new or amended regulations.
(3) SUBSTANTIAL CONSTRUCTION SUBSTANTIALLY COMPLETED
For the purpose of this section, the following terms shall have the meaning indicated:
The construction is equivalent to 25% of the projected cost of the project as noted on the application for the permit.
Construction equivalent to 75% of the projected cost of the project as noted on the application for the permit has in fact been completed.
K.
Assignment. A permit may be assigned to a new owner or user of the property, or to a successor of the applicant, upon written consent of the Zoning Administrator, provided that the rights pursuant to the permit have not expired or been revoked or voided, that there are no uncured violations of the permit or of this chapter associated with such permit and that the assignee or successor accepts the permit and timely satisfies all conditions of the permit to the reasonable satisfaction of the Zoning Administrator.
L.
Inspections required. The Zoning Administrator designee may inspect the premises for which any permit is issued, during all reasonable hours, to ensure compliance with this chapter and all orders, decisions, permits or other approvals made or issued pursuant thereto.
M.
Suspension, revocation or voiding of permit.
(1)
In the event the Zoning Administrator determines, prior to the completion of permitted work pursuant to a permit, that the work is not in accordance with the terms and conditions of such permit or the requirements of this chapter, or that the information on the basis of which the permit was approved or issued was untrue or inaccurate in material respects, the Zoning Administrator may suspend such permit, notify the applicant or the applicant's designated agent in writing by first class mail or by fax of the reasons for the suspension, and issue a written stop-work order until the problem or defect is cured to the reasonable satisfaction of the Zoning Administrator. In the event the applicant refuses or fails to cure the problem or defect within 30 days following such notice of suspension, and after conferring with the applicant or the applicant's agent regarding such refusal or failure, the Zoning Administrator may revoke said permit and notify the applicant in writing by first class mail or by fax of the reasons for the revocation and any related violations.
(2)
In the event the Zoning Administrator determines, after the completion of work done pursuant to any such permit, that the work was not in accordance with the terms and conditions of such permit or the requirements of this chapter, or that the information on the basis of which the permit was approved or issued was inaccurate in material respects, the Zoning Administrator shall issue and cause to be served a notice of violation. If such violations are not cured to the reasonable satisfaction of the Zoning Administrator within 30 days following service of such notice of violation, the Zoning Administrator may, in addition to all other remedies, void the permit and promptly notify the owner in writing by first class mail or by fax of the reasons for voiding the permit.
(3)
Work completed pursuant to a permit which has been revoked or voided is illegal and a violation of this chapter.
N.
Circularity. In the event of any circularity between the precondition requirements for issuing any permit, certificate or approval under this chapter and any applicable requirements of any other ordinance or law, e.g. where this chapter requires that an approval under ordinance x be obtained before a permit can be issued under this chapter but ordinance x requires that the permit under this chapter be obtained before an approval under that ordinance can be issued, the Zoning Administrator and all other Village officials and bodies charged with the administration and enforcement of such ordinances, in order to harmonize such requirements, are authorized to issue necessary permits, certificates and approvals, the effective date of which is conditioned upon full compliance with specified requirements of other ordinances or laws. Whenever such a circulatory is discovered, it shall promptly be brought to the attention of the Village Board so that appropriate legislative action can be considered. In the event that any permit, certificate or approval is issued, the effective date of which is so conditioned, the expiration date of such permit, certificate or approval shall be determined by its date of issuance rather than its effective date.
O.
Plan changes. No plans, specifications or data approved by the Zoning Administrator in connection with the issuance of a permit, issued pursuant to this chapter, shall be changed or modified in any manner, nor shall the amount or character of any work authorized by such approval be changed or modified, unless the written approval of the Zoning Administrator is first obtained. No such change or modification shall be approved unless the changes or modifications are in compliance with all applicable provisions of this chapter and all orders, decisions, permits or other approvals required, made or issued pursuant to this chapter. All documents evidencing such approved changes or modifications shall be endorsed, filed, distributed and maintained in the same manner as the original documents.
P.
Plans on file. Two sets of plans, specifications and data shall be submitted with each application, unless otherwise required. Upon approval, one set of approved plans, specifications and data shall be returned to the owner at the time the permit is issued and the second approved copy shall be retained by the Community Development Department and filed as a public record. The owner is responsible to have an approved set of plans, specifications and data readily accessible on any construction site, and said plan set shall be open at all reasonable times to inspection by the Zoning Administrator.
Q.
Invalid permits. Any permit intended to authorize a violation of this chapter is, to that extent, invalid and of no legal force or effect. Each applicant for a permit required by this chapter is charged with knowledge of this chapter, which is available for inspection and purchase, and no reliance on any erroneous statement made, assurance given or permit issued contrary to the provisions of this chapter is reasonable.
R.
Disclaimer. All permits issued by the Community Development Department shall note the following disclaimer: "Each applicant for a permit is charged with the knowledge of the Village Zoning Ordinance. Copies of said ordinance or portions thereof and copies of the Official Zoning Maps are available for sale, copying or inspection upon request. Any statement made, assurance given or permit erroneously issued contrary to this chapter is null and void."
§ 420-23 Other permits.
It is the responsibility of a permit applicant to secure all other necessary permits required by any federal, state or local agency.
§ 420-24 Surveys/certifications required.
A.
Foundation surveys.
(1)
Requirement. No work on a new principal building for which a zoning permit is required by this chapter shall proceed beyond completion of the footings, concrete slab or other foundation, or basement walls up to the first floor level, until the Zoning Administrator has approved the foundation survey that indicates that such footings, foundation or walls, as built, are located in accordance with the requirements of the zoning permit and the applicable provisions of this chapter.
(2)
Procedure. The owner shall submit to the Zoning Administrator, upon completion of the footings, foundation, or basement walls of any principal building for which a zoning permit is required by this chapter, a survey prepared by a Wisconsin professional land surveyor showing the exact distance of the new footings, foundation or basement walls, as built, at their closest point, to existing buildings and structures, property lines, the ordinary high-water mark of any navigable waterway, or any floodplain and/or wetlands located on the lot or parcel. No additional work shall commence until the Zoning Administrator has approved said location for compliance with this chapter.
[Amended 7-20-2020 by Ord. No. 20-26]
B.
Release of waiver of foundation survey. The Zoning Administrator is authorized to prepare a release of waiver of foundation survey if the permit applicant waived the foundation survey requirements of § 12.05-4(a) of the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance at the time the Village of Pleasant Prairie was the Town of Pleasant Prairie, where the permit applicant(s) caused a waiver of liability of foundation survey to be filed with the Kenosha County Register of Deeds in compliance with § 12.05-4(a) of the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance. Upon receipt of the applicable fee and a foundation survey prepared for said property by a Wisconsin professional land surveyor, the Village shall verify that the structure was build in conformity with the requirements of § 12.05-4(a) of the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance at the time the zoning permit was issued by Kenosha County. If the structure is in conformance with said ordinance, the Village shall prepare a waiver of foundation survey document to be executed by the current owner(s) of said property and recorded at the Kenosha County Register of Deeds office at the owner's expense.
[Amended 7-20-2020 by Ord. No. 20-26]
C.
Certificate of occupancy/certificate of compliance.
[Amended 7-6-2015 by Ord. No. 15-21]
(1)
Requirement. No person shall use or occupy any newly completed building or structure, and no person shall use or occupy any newly completed portion of any existing building or structure, unless a valid certificate of occupancy has first been issued for such use or occupancy. No person shall commence any new occupancy of any existing building or structure for any use other than a permitted residential use in a residential zoning district or a permitted agricultural use in any agriculture zoning district unless a valid certificate of occupancy has first been issued for such use or occupancy.
[Amended 7-20-2020 by Ord. No. 20-26]
(2)
Preconditions. No certificate of occupancy or certificate of compliance shall be issued unless:
(a)
Valid zoning, building and erosion control permits or other required permits were issued for the project; and
(b)
The project, as built, was completed in accordance with all applicable provisions of this chapter and of any orders, decisions, permits or other approvals made or issued pursuant to Village ordinances.
D.
Temporary certificate of occupancy. To facilitate occupancy and prevent unnecessary hardship, the Zoning Administrator is authorized to issue a temporary certificate of occupancy with respect to any building or structure, or any part of a building or structure, for which valid permits have been issued, prior to completion of the building or structure, provided that such temporary certificate of occupancy will not jeopardize the safety, health or public welfare of the occupants or the general public. The Zoning Administrator is authorized to impose as conditions upon the issuance of such temporary certificate of occupancy whatever temporary precautionary measures may be required to safeguard the public. No such temporary certificate of occupancy shall be construed as vesting in the applicant any right to receive a certificate of occupancy for a building or structure, or a part of a building or structure, unless it satisfies all requirements of this chapter; Chapter 370, Building and Mechanical Code, of the Village's Code; or other ordinances that would be applicable to such building or structure in the absence of the temporary certificate of occupancy or any activity conducted pursuant thereto.
[Amended 7-6-2015 by Ord. No. 15-21; 5-17-2021 by Ord. No. 21-10; 8-16-2021 by Ord. No. 21-18]
§ 420-25 Vested rights.
The following provisions shall govern administrative determinations regarding vested rights to nonconforming use status which are made under or pursuant to this chapter:
A.
Permit necessary but not sufficient. No claim to a vested right to valid nonconforming use status shall be administratively recognized unless such claim is based in part upon the issuance of valid permits required under this chapter, and no such claim shall be administratively recognized unless there was a substantial change of position in reliance upon such permit(s) during the period that such permit(s) was (were) in full force and effect.
B.
Presumptions. There shall be a rebuttal presumption against the existence of a vested right that depends upon conduct which occurred in reliance upon the issuance of a valid permit required under this chapter that had not expired or been suspended or revoked at the time of the conduct in question but which occurred prior to the issuance of said permit that was required to institute the nonconforming use or any expansion thereof. There shall be a rebuttal presumption in favor of the existence of a vested right that depends upon conduct which occurred under or pursuant to a validly issued building permit that had not expired or been suspended or revoked at the time of the conduct in question.
C.
Loss. A vested right to nonconforming use status can be lost for the same reasons and to the same extent that valid nonconforming use status can be lost. If substantial construction or site development work has not commenced or has been discontinued for a twelve-month period, vested rights may be lost.