1.

No building or structure shall be erected, reconstructed, enlarged, or moved until a building permit has been applied for in writing and issued by the Zoning Administrator or a designee authorized by the village president. The building permit must be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement, or moving. No building permit shall be issued unless the application, plat, and building plans disclose that the application is for:

a.

The erection, reconstruction, conversion, enlargement, or structural alteration of a building entirely occupied by a conforming use, and that the applicable height, area, floor area ratio, open space ratio, yard, and parking regulations are fully met;

b.

The reconstruction of a building, occupied wholly or partly by a nonconforming use that has been damaged by fire, explosion, or act of God, and that such reconstruction is authorized under the provisions of this Chapter; or

c.

The conversion or structural alteration of a building other than a dwelling, occupied wholly or partly by a nonconforming use; that the applicable height, area, floor area ratio, open space ratio, yard, and parking regulations are fully met; and that such conversions or structural alteration is authorized under the provisions of this Chapter.

2.

The building permit, if issued, shall state upon its face the purposes for which the building or structure will be used and whether this use is conforming or nonconforming in character.

(Ord. No. 2542, § 1, 9-12-2017)

1.

The application must be made by the owner or lessee of the property, the agent of either, or the architect, engineer, or builder employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it must be accompanied by an affidavit of the owner in fee, authorizing the application.

2.

Nothing in this Chapter will prohibit the filing of amendments to an application, plan, or other record at any time before the completion of the work for which the building permit is issued. Such amendments must be filed with, and will be deemed a part of, the original application, if approved before the certificate of occupancy has been issued. Otherwise, a new application for the alteration must be made and a new building permit secured.

3.

Each application for a building permit must be accompanied by a plat, drawn to scale and showing the actual dimensions of the lot to be built upon, the size and location of the structures to be erected or altered, and any other information as may be necessary to provide for the enforcement of this Chapter. Two copies of the plat must be submitted. Any variance or special use permit that may have been granted for the proposed building, structure, or use must be noted upon the application.

4.

The Zoning Administrator will examine applications for permits within a reasonable time after filing. If, after examination, he or she finds no objections to the application, and it appears that the proposed work will be in compliance with the applicable laws and ordinances, and that the proposed construction or work will be safe, he or she will approve the application and issue a building permit for the proposed work as soon as is practicable. Every permit issued in accordance with these provisions shall bear the signature of the Zoning Administrator or his or her authorized subordinate. If his or her examination reveals otherwise, he or she will reject the application, note his or her findings in a written report to be attached to the application, and deliver a copy to the applicant.

5.

The Zoning Administrator may revoke a permit, certificate of occupancy, or approval issued if there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit, certificate, or approval was based.

6.

The Zoning Administrator may issue a building permit for the construction of part of a building or structure before the entire plans and detailed statements of the building or structure have been submitted or approved, provided that adequate information has been submitted for the relevant part of the building or structure and has been found in compliance with this Chapter.

7.

All work performed under a building permit issued by the Zoning Administrator must conform to the approved application and plans and any approved amendments to the application and plans.

8.

It is unlawful to reduce or diminish the area of a lot or plat for which a plot plan has been filed and has been used as the basis for a permit, unless a revised plot plan showing the proposed changes in conditions is filed and approved. This does not apply when the lot is reduced by reason of a street opening or widening or other public improvement.

9.

A building permit under which no work is commenced within six months after issuance will expire by limitation, and a new building permit must be secured before work is started. The Zoning Administrator will give written notice of the expiration date to the applicant at the time the building permit is issued.

10.

If the work described on the building permit is not substantially completed within one year from the issuance of the building permit, the building permit will expire and be canceled by the Zoning Administrator. The Zoning Administrator will furnish written notice of the expiration to the applicant, together with notice that further work as described on the expired building permit must not proceed unless and until a new building permit has been issued. However, for commercial, institutional, and industrial buildings, the building permit may extend for such additional period as set forth in the application for the building permit as the time necessary to complete the building.

11.

A copy of the building permit will be kept on the premises for public inspection until the completion of the work. The Zoning Administrator will require a certified copy of the approved plans to be kept on the premises at all times until the completion of the work.

12.

No building permit will be issued until an application for a certificate of occupancy for the same property has been filed. This application must include the estimated or approximate time of completion of the work for which the building permit is requested.

(Ord. No. 2542, § 1, 9-12-2017)

1.

A temporary use permit allows for the short-term use and/or placement of structures on a lot. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses located within the public right-of-way are regulated separately by the Village Code.

2.

A property owner in the Village, or person expressly authorized in writing by the property owner, may initiate a temporary use permit application.

3.

All applications for temporary use permits must be filed with the Zoning Administrator in accordance with the building permit application requirements described in Section 46-232.

4.

All temporary uses must comply with the requirements of this Chapter, including the temporary use standards of Article 9 and the following standards:

a.

Unless expressly allowed by this Chapter, the temporary use or structure must comply with the yard and bulk requirements of the district in which it is located.

b.

The temporary use must not cause, or threaten to cause, an on-site or off-site threat to the public health, safety and welfare.

c.

The temporary use must be operated in accordance with such restrictions and conditions as the Police and Fire Department may require. If required by the Village, the operator of the temporary use must employ appropriate security personnel.

d.

The temporary use must not conflict with another previously authorized temporary use.

e.

The temporary use must provide adequate parking if needed and, if located on a lot of an operational principal use, must not impact the parking and site circulation of the principal use.

5.

The Zoning Administrator must render a decision on a temporary use permit that does not require a special use permit within 30 days of the date the application is deemed complete. The Zoning Administrator must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the application.

6.

The temporary use permit is valid only for the time period granted as part of the approval.

(Ord. No. 2542, § 1, 9-12-2017)

1.

No land shall be occupied or used, and no building erected or altered shall be occupied or used, in whole or in part, for any purpose until a certificate of occupancy has been issued by the Zoning Administrator, stating that the building or structure complies with all applicable building and health laws and ordinances, and with the provisions of this Chapter. No change of use shall be made in any building or part of a building without a building permit having been issued by the Zoning Administrator, and no building permit shall be issued to make such change unless it is in conformity with the provisions of this Chapter and any amendments to this Chapter.

2.

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.

3.

Certificates for occupancy and compliance must be applied for concurrently with the application for a building permit. The certificate of occupancy and completion will 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.

4.

A record of all certificates will be kept on file in the office of the Zoning Administrator, and copies will be furnished on request to any person having proprietary or tenancy interest in the building affected. A fee in the amount determined by the Village Board will be charged for each original certificate and for each copy of a certificate.

(Ord. No. 2542, § 1, 9-12-2017)

1.

An application for a development must include the following information, as applicable:

a.

Elevation drawings, scaled and dimensioned, indicating the materials and colors of all proposed structures and improvements;

b.

A compilation of contextual photographs, indicating the subject property, all abutting properties, and all facing properties;

c.

For applications for new construction, building modifications, and building expansions: color samples of materials or finish on building exterior, or a color rendering, floor plans, a roof plan, a site section and wall sections as necessary to articulate the relationship of materials;

d.

A landscape plan for applications for a new development to indicate required buffer area, screening, landscape area, parking lot perimeter, or parking lot interior in accordance with provisions of Article 13;

e.

For applications requiring lighting approval, a lighting plan meeting the requirements of Section 46-141.

2.

Authority regarding required submittal. The Zoning Administrator has the authority to waive submittal of any of the application items for new development specified in Item 1 above if it is found that the nature of the development applied for is such that the review of such items is not necessary to ascertain compliance with this Article. If additional information or material is required in order to conduct such review, the Zoning Administrator is authorized to require any such additional items to be prepared. All such information, materials, or items must be prepared by a registered design professional if required by the building code or residential code as adopted in the Village Code.

(Ord. No. 2542, § 1, 9-12-2017)

1.

After the filing of a complete application, the Zoning Administrator will:

a.

Issue an approval of the development plan provided if all applicable requirements of this Chapter are met;

b.

Issue an approval of the development plan that varies from applicable building design standards, outdoor lighting standards, or landscape standards as indicated in item 1.c. below if the applicant has demonstrated that such variation is necessary due to the unavailability of authorized materials or a similarly valid circumstance, and that the variation will be aesthetically equal to or better than the applicable design standards and will not conflict with the intent of this article;

c.

Refer the development plan to the PZC if the development plan includes a request for one or more waivers of:

i.

The building design standards set forth in Articles 4 through 7 of this Chapter;

ii.

The outdoor lighting standards set forth in Section 46-141 of this Chapter;

iii.

The landscape area, parking lot perimeter, or parking lot interior standards set forth in Article 13 of this Chapter.

d.

Deny the application if the development plan fails to satisfy the applicable design standards set forth in this article, or contains any false, fraudulent, or misleading material statement.

2.

In the event the Zoning Administrator denies an application for a waiver of building design standards, outdoor lighting standards, landscape area standards, parking lot perimeter standards, or parking lot interior standards, the Zoning Administrator will notify the applicant in writing of such denial by first class mail and the applicant will have the right to appeal the denial to the PZC. This appeal must be made in writing by the applicant and filed with the Zoning Administrator within 21 days after the date that notice of the denial was mailed to the applicant.

3.

Referral to PZC. Upon an appeal of the denial of a development plan by the Zoning Administrator, or the referral to the PZC of a development plan that involves a request for one or more waivers of the applicable design standards set forth in this article, the Zoning Administrator will schedule a public meeting to be held at the next regular or special meeting of the PZC. The Zoning Administrator will send written notice of the time and place of the scheduled public meeting by first class mail to the applicant. In the case of an appeal, the public meeting will be scheduled to take place at least five business days after the date that the written notice is mailed to the applicant.

4.

Review by PZC. In reviewing a proposed development plan that involves an appeal of the denial of a development plan by the Zoning Administrator or a request for one or more waivers of the applicable design or landscape standards as indicated in item 3. above, the PZC will apply the applicable design and landscape standards as set forth in this Chapter. If the PZC finds that the applicant has complied with all of the applicable design and landscape standards in connection with an appeal, the PZC will approve the development plan. If the PZC finds that the applicant has not complied with all of the applicable design standards or has requested one or more waivers of the applicable design standards, the PZC may take one of the following actions:

a.

Issue a conditional approval of the development plan, in which the applicant agrees to implement all additional design, outdoor lighting, and/or landscape elements and to remove all rejected design and/or landscape elements as required by the PZC.

b.

Grant one or more minor waivers of the applicable design, outdoor lighting, and/or landscape standards set forth in this article. A "minor waiver" is one that does not reduce any applicable required design standard by more than 10 percent, and that meets the following conditions:

i.

Is necessary due to special conditions and circumstances related to the development that are not generally applicable to other developments in the same zoning district;

ii.

Represents generally the minimum deviation necessary to accommodate the applicant's request;

iii.

Will be in harmony with the general purpose and intent of this article.

c.

Forward to the Village Board any recommendation for the approval or rejection of one or more major waivers of the applicable design or landscape standards set forth in this article. A "major waiver" includes any waiver that does not qualify as a minor waiver as defined above.

d.

Deny the appeal entirely.

5.

Additional documentation. In the event the PZC requires additional documentation or material in order to conduct its review, the PZC may continue its consideration of the development plan for a period not to exceed 30 days in order to receive and consider any such additional documentation or material.

6.

Decisions of the PZC. Within five business days of the close of review by the PZC, the PZC will notify the applicant in writing by first class mail of its decision regarding the proposed development plan.

7.

Review by Village Board. Any applicant may appeal the decision of the PZC to the Village Board. Any such appeal shall be in writing and must be filed with the village clerk within 21 days of the date that notice of the PZC's decision was mailed to the applicant. The Village Board will also consider any major waiver forwarded to them by the PZC in conformance with the procedures set forth in this Article.

8.

Procedure for review. Any such appeal or consideration of one or more major waivers will be scheduled for the next scheduled regular or special meeting of the Village Board occurring after the receipt of any such written appeal or forwarded recommendation for any major waivers by the PZC. The Village Board, in reviewing any such appeal or forwarded recommendation for any major waivers, may consider the development plan submitted to the PZC, as well as any additional information or material presented by the applicant before the Village Board. Unless extended by agreement, the Village Board will render a decision on the appeal or on the granting of any one or more major waivers no later than its next scheduled regular or special meeting following the meeting at which the appeal or the recommendation for any one or more major waivers was presented. The Village Board, in reviewing any such appeal or forwarded recommendation of any major waivers, will be guided by the applicable design or landscape standards contained in this Chapter. However, the Village Board may waive any such applicable building design, outdoor lighting standards, or landscape standards when the deficiencies will further the purposes of this Chapter. The Village Board may approve the development plan as presented; approve the development plan conditionally, pending modification; approve the development plan and grant any one or more minor or major waivers; reject the development plan entirely; or remand the development plan to the PZC for further review. Unless agreed to by the applicant, no development plan may be remanded to the PZC by the Village Board more than once.

9.

Appeal of the Village Board. Any applicant aggrieved by the decision of the Village Board may further cause such decision to be reviewed in the manner provided by law.

10.

Exclusivity of procedures. The appeal and waiver procedures as set forth in this article are exclusive and are in lieu of the right of any applicant to request a variance from the PZC or the Village Board in connection with any of the applicable building design, outdoor lighting, and/or landscape standards set forth in this Chapter.

(Ord. No. 2542, § 1, 9-12-2017)