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Scales Mound City Zoning Code

CHAPTER 6

BUILDING CODE

8-6-1: COMPLIANCE WITH STATE BUILDING CODE; NONLIABILITY OF VILLAGE:

The village requires, as a condition to issuing all building permits, that all applicable building codes in the state of Illinois be complied with by the applicant. The village shall be held harmless from any violations of the state building code and any actions arising therefrom. The village zoning administrator shall only be responsible for inspecting the building line setbacks of each building project, and the burden of the inspection of the remainder of the project shall be the responsibility of the applicant. (Amended Ord., 2-15-1993, eff. 2-26-1993)

8-6-2: PERMIT REQUIREMENTS1:

   A.   Permits Required:
      1.   It shall be unlawful to construct, add to, relocate, alter, remove or demolish, or to commence the construction, addition, alteration, removal or demolition of a building, structure, or other amenities, including, but not limited to, septic systems, without first filing with the village board an application in writing and obtaining a formal permit. (Amended Ord., 2-15-1993, eff. 2-26-1993)
      2.   Dish antennas, solar panels, fences, boundary markers or other similar objects or devices that are not part of a residence will require a separate building permit. (Ord., 3-1-2004)
   B.   Application For Permit:
      1.   A permit application available from the village board is required for any and all construction. An application for a permit shall be submitted in such form as the village may prescribe.
      2.   Application shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work.
      3.   Such application shall contain the full names and addresses of the applicant and of the owner and, if the owner is a corporate body, of its responsible officer. The application shall also describe briefly the proposed work, and additional information shall be given as may be required by the village for an intelligent understanding of the work proposed.
      4.   Suitable plans should be presented to the village for its approval.
      5.   An application requires the following items:
         a.   Three (3) sets of sanitary system drawings, drawn to scale, showing setbacks and side lines and dimensioned according to restrictions, all prepared by licensed professional engineers, licensed to practice in the state of Illinois. Any design must have prior approval and a valid permit number issued from the county board of health. The county code may be less stringent than that of the village board. In such a case, the county permit does not ensure approval under requirements of this title.
         b.   Three (3) sets of site plans. This information may be included in the complete set of construction drawings.
         c.   Three (3) sets of the construction drawings and specifications, be it residence, garage and outbuilding construction. (A separate permit number is issued by the county for residence construction, and verification of same must be indicated on the permit form.)
         d.   Completed permit application with all blanks filled in to the satisfaction of the administrator.
         e.   A check made out to the village board covering filing, permit and inspection fees.
   C.   Recorded Property: At the time of applying for a permit for the erection of, alteration of, additions to, or moving of any building or structure, all lot corner posts must be located and flagged to show the boundaries of the lot and the position to be occupied by the proposed building, or by the building to be altered or added to, or by the building to be moved thereon, and the position of any building or buildings that may be on the lot.
   D.   Water Supply And Sewage Treatment: No permit may be issued until satisfactory proof has been submitted that approved water supply and sewage treatment facilities will be utilized.
   E.   Checklist: As a supplement to the permit, a checklist is available to assist in the preparation of all documents and to serve as a checklist prior to submittal. Specific standards are called out. All items may not apply to each project.
   F.   Action On Application:
      1.   The village shall examine applications of permits within a reasonable time, not to exceed thirty (30) days after the following scheduled meeting of the village, the exception being a water facility permit. If, after examination for applicable regulations, the village finds no objections to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto and the proposed construction or work will be safe, the village shall approve such application and issue a permit for the proposed work. If the examination reveals otherwise, the village shall reject such application and notify the applicant.
      2.   Nothing in this chapter shall be construed to prevent the village from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved, provided adequate information and detailed statements have been submitted for the same and have been found to comply with this chapter.
   G.   Term Of Permit; Continuation: Where no work has been started within three hundred sixty (360) days after the issuance of a permit, such permit shall be void. A new permit must be obtained before any work may begin. A fee according to the fee schedule in section 8-3C-1 of this title shall be charged for the issuance of the new permit.
   H.   Transfer Of Permit: A permit may not be transferred by the person to whom it is issued to another person without the written approval of the village board. A fee according to the fee schedule in section 8-3C-1 of this title shall be charged when such a transfer is effected.
   I.   Demolition Permits:
      1.   In the case of demolition, the plot plan shall show the buildings or structures to be demolished and the buildings or structures on the same lot that are to remain.
      2.   Details and methods used for demolition and removal including noise, debris and smoke developed shall be included.
      3.   Any foundation, concrete or otherwise, must be removed.
      4.   The lot must be leveled, graded and seeded.
   J.   Revocation Of Permit: The village may revoke a permit or approval issued in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
   K.   Reducing Or Diminishing Lot Area: It shall be unlawful to reduce or diminish the area of a lot or plot of 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 shall have been filed and approved; provided, that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement. (Amended Ord., 2-15-1993, eff. 2-26-1993)

8-6-3: SETBACKS:

   A.   All building line setbacks as well as the sanitary system installation setbacks must be maintained as shown on the recorded plat of the subdivision.
   B.   Front setback from any overhanging projection or foundation of any building or structure shall be a minimum of twenty seven feet (27') from the front lot line. This would include both sides of a corner lot. Roof overhangs and decks of any dwelling or accessory building must be at least ten feet (10') inside of any side and rear property line. (Amended Ord., 2-15-1993, eff. 2-26-1993)

8-6-4: OFF SITE CONSTRUCTION:

Off site construction of components, sections, modules and buildings is permitted for installation within the village if the following criteria have been met:
   A.   The manufacturer submits detailed plans and specifications on each component of the total assembly in accordance with the section concerning information for permit application.
   B.   The manufacturer shall provide a certificate that the approved plans were followed.
   C.   The manufacturer agrees upon request to open wall sections or other concealed areas as necessary for inspection on the site.
   D.   Method for on site installation shall be approved by the village board. (Amended Ord., 2-15-1993, eff. 2-26-1993)

8-6-5: UNSAFE BUILDINGS AND STRUCTURES:

   A.   Definition: The term "unsafe building or structure" shall apply to buildings or structures, or portions thereof, existing or hereafter erected, as follows:
      1.   Those deemed structurally unsafe; unstable; unsanitary; inadequately provided with exit facilities; constituting a fire hazard; unsuitable or improper for the use or occupancy to which they are put; constituting a hazard of health or safety because of inadequate maintenance, dilapidation or abandonment; or otherwise dangerous to life or property.
      2.   Vacant buildings or structures or portions thereof deemed to constitute a hazard.
   B.   Repair Or Removal Required: When a building or structure, or any portion thereof, is found unsafe upon inspection by the village board, they shall order such building or structure, or any portion thereof, to be made safe or secured or taken down and removed.
   C.   Restoration: A building or structure, or part thereof, declared unsafe by the village board may be restored to safe condition, if said reconstruction or restoration shall be made to conform with respect to materials and type of construction and to the requirements of this chapter; but no change of use or occupancy shall be compelled by reason of such reconstruction or restoration.
   D.   Notice Of Unsafe Building Or Structure: Upon determining that a building or structure, or portion thereof, is unsafe, the administrator shall serve or cause to be served upon the owner, or some one of the owners, executors, administrators, agents, lessees or other persons who may have a vested or contingent interest in the same, written notice containing a description of the building or structure, or portion thereof, which has been declared unsafe, and an order requiring the same to be made safe and secure or removed, as may be deemed necessary. If the person to whom such notice and order is addressed cannot be found after diligent search, then such notice and order shall be sent by certified or registered mail to the last known address of such person, and a copy of such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed adequate service.
   E.   Failure To Comply: If the person served with a notice or order to remove or repair an unsafe building or structure, or portion thereof, should fail, within a reasonable time, to comply with the requirements thereof, the village board shall assess the facts in the case and shall institute an appropriate action in the courts to compel compliance.
   F.   Emergencies:
      1.   In case there shall be, in the opinion of the village board, actual immediate danger of failure or collapse of a building or structure, or portion thereof, so as to endanger life or property, the village board shall employ such labor and cause the necessary work to be done and render said building or structure, or portion thereof, temporarily safe, whether the procedure prescribed in this section has been instituted or not.
      2.   When a building or structure, or portion thereof, is in an unsafe condition so that life is endangered thereby, the village board shall order and require the occupants to vacate the same forthwith. They shall, when necessary for the public safety, temporarily close sidewalks, streets, buildings, structures and places adjacent to such building or structure and prohibit the same from being used.
      3.   The village board shall institute proper action against the owner of premises for the recovery of costs incurred by the village in the performance of emergency work. (Amended Ord., 2-15-1993, eff. 2-26-1993)

8-6-6: ENFORCEMENT:

   A.   Enforcement of these restrictions and this chapter shall be by any proceeding at law or in equity against any person, firm, company or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of said provisions.
   B.   In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is used in violation of this chapter, the proper authorities of the village, or any person, the value or use of whose property is or may be affected by such violation, may, in addition to other remedies, institute any appropriate action or proceedings in equity to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land or to prevent any illegal act, conduct, business or use in or about the premises.
   C.   Whenever, in the opinion of the village board, by reason of defective or illegal work in violation of a provision or requirement of this chapter, the continuance of a building operation is contrary to public health, safety or welfare, the village board shall order, in writing, all further work to be stopped and may require suspension of all work until the condition in violation has been corrected. (Amended Ord., 2-15-1993, eff. 2-26-1993)