(A) Village Administrator Authority: The Village Administrator or their designee shall have the authority to receive applications and make determinations for the following administrative procedures:
2. Zoning Compliance Permit;
3. Administrative Exception;
6. Temporary Use Permit; and
1. Purpose: The purpose of Site Plan Review is to certify compliance with all applicable provisions of this UDO.
(a) Every application for a building permit, including new construction and additions equal to or greater than twenty percent (20%) of the existing floor area of the building, shall be subject to site plan review and approval.
(b) Site plan review shall not apply to:
(1) Building permits for construction that are limited to interior remodeling, exterior modifications or additions less than twenty percent (20%) of the existing floor area of the building.
(2) Building permits for detached single-family dwellings or accessory structures to detached single-family dwellings.
(c) No building permit shall be issued unless and until site plan approval has been granted.
3. Village Administrator Review And Action:
(a) The Village Administrator or their designee shall review the site plan review application to determine whether it conforms to all applicable provisions of this UDO.
(b) Based upon their review the Village Administrator or their designee shall:
(1) Approve the site plan;
(2) Approve the site plan with conditions;
(3) Refer the site plan to the Plan Commission for review and approval; or
4. Concurrent Applications: A Special Use Permit or Variance application may be processed concurrently with the site plan.
5. Expiration And Lapse Of Approval: The applicant shall have twelve (12) months from the date of site plan approval to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within twelve (12) months of the date of approval, the approval shall expire. An extension of the time requirements may be requested in writing and granted by the Village Administrator or their designee for good cause shown by the applicant, provided a written request is filed with the Village at least four (4) weeks prior to the respective deadline.
(C) Zoning Compliance Permit:
1. Purpose: The purpose of Zoning Compliance Permit is to certify compliance with all applicable provisions of this UDO. It shall be unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or change the use of any building or land or to permit the aforementioned actions, until a Zoning Compliance Permit has been issued by the Village Administrator or their designee.
2. Village Administrator Review And Action:
(a) The Village Administrator or their designee shall review the zoning compliance permit application to determine whether it conforms to all applicable provisions of this UDO.
(b) Based upon their review the Village Administrator or their designee shall:
(1) Issue the Zoning Compliance Permit;
(2) Issue the Zoning Compliance Permit with conditions;
(3) Refer the Zoning Compliance Permit application to the Plan Commission for review and approval; or
(4) Deny the Zoning Compliance Permit.
3. Concurrent Applications: A Special Use Permit or Variance application may be processed concurrently with the Zoning Compliance Permit.
4. Expiration And Lapse Of Approval: The applicant shall have twelve (12) months from the date of Zoning Compliance Permit issuance to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within twelve (12) months of the date of issuance, the permit shall expire. An extension of the time requirements may be requested in writing and granted by the Village Administrator or their designee for good cause shown by the applicant, provided a written request is filed with the Village at least four (4) weeks prior to the respective deadline.
(D) Administrative Exception:
(a) Administrative Exception is an administrative process through which certain minor variances may be approved by the Village Administrator or their designee.
(b) Administrative Exceptions are intended to allow a limited amount of flexibility in the standards of this UDO.
(c) The Village Administrator or their designee shall have the authority to grant or deny applications for Administrative Exceptions for such circumstances as this UDO allows, subject to the requirements of this Section.
(d) No site plan shall be approved or building permit issued for a proposal requiring an exception to a zoning standard listed in subsection (2) below unless an Administrative Exception is approved.
2. Administrative Exceptions Considered:
(a) An Administrative Exception may be granted for the following circumstances:
(1) A maximum ten percent (10%) reduction of the interior side and/or rear yard setback standard for a new principal or accessory building/structure, or an addition to an existing principal or accessory building/structure in any district.
(2) A waiver of the requirement for additional parking when the intensity of a use of any building, structure, or premises increases or when the use of an existing building, structure, or premises changes per Section
9-5-01(A).
(3) A waiver of the requirement for cross access per Section
9-5-01(B)(7)(b).
(4) The approval of additional parking spaces beyond the maximum parking restriction per Section
9-5-01(E)(2).
(5) As otherwise detailed in this UDO.
(b) An Administrative Exception shall not be granted for the approval of any use not otherwise allowed as a permitted, limited, or special use within the subject district.
(c) No Administrative Exception shall be considered where the setback is five (5) feet or less.
(d) In the case of a requested addition to a structure, no exception shall be considered where the existing structure does not meet the minimum setback.
(e) No exception shall be considered for a reduction of a setback for property in any nonresidential districts if the yard in which the setback reduction is requested is adjacent to any residential use.
3. Administrative Exception Review Criteria: The Administrative Exception shall be approved if the Village Administrator or their designee finds that the proposed exception meets the following criteria:
(a) Is consistent with the Comprehensive Plan and other adopted Village plans;
(b) Is consistent with the purpose of the underlying district;
(c) Is consistent with adopted building and fire codes;
(d) Will not result in incompatible development;
(e) Will not result in adverse impacts unless adequately mitigated; and
(f) Is of a technical nature and is required to:
(1) Compensate for an unusual condition;
(2) Eliminate a minor inadvertent failure to comply with this UDO; or
(3) To protect a sensitive resource or natural feature.
4. Pre-Application Conference: The applicant for an Administrative Exception is encouraged to meet with the Village Administrator or their designee prior to submitting an application to discuss the submittal requirements, review criteria, and review process.
5. Village Administrator Review And Action: The application shall be reviewed by the Village Administrator or their designee to ensure the application conforms to the criteria in subsection (3) above. Based upon their review, the Village Administrator or their designee shall:
(a) Approve the Administrative Exception application;
(b) Approve the Administrative Exception application with conditions;
(c) Advance the Administrative Exception application to a Variance; or
(d) Deny the Administrative Exception application.
6. Expiration: If a building permit is not issued or a site plan is not approved within six (6) months of the approval of the Administrative Exception, the Administrative Exception approval shall be void.
1. Purpose: A Sign Permit shall be required prior to the display, construction, erection, or alteration of a sign and its structural components on any property. All signs must comply with Chapter 6, and the applicable sections of the building code as adopted by the Village. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes.
2. Exemptions: Signs exempt from a permit are detailed in Section
9-6-04.
3. Sign Permit Review Criteria: To approve the issuance of a Sign Permit, the Village Administrator or their designee shall make an affirmative finding that all applicable provisions of this UDO, the applicable building code, and all other Village ordinances are met.
4. Village Administrator Action: The application shall be reviewed by the Village Administrator or their designee to ensure the application conforms to the criteria in subsection (3) above. Based upon their review, the Village Administrator or their designee shall:
(a) Issue the Sign Permit;
(b) Issue the Sign Permit with conditions; or
(c) Deny the Sign Permit.
5. Expiration And Lapse Of Approval: A Sign Permit shall become void, if work authorized under the permit has not been completed within six (6) months of the date of issuance.
1. Purpose: A Fence Permit shall be required prior to the construction or installation of any fence to certify compliance with all applicable regulations of this UDO and the applicable sections of the building code as adopted by the Village.
2. Fence Permit Review Criteria: To approve the issuance of a Fence Permit, the Village Administrator or their designee shall make an affirmative finding that all applicable provisions of this UDO, the applicable building code, and all other Village ordinances are met.
3. Village Administrator Action: The application shall be reviewed by the Village Administrator or their designee to ensure the application conforms to the criteria in subsection (2) above. Based upon their review, the Village Administrator or their designee shall:
(a) Issue the Fence Permit;
(b) Issue the Fence Permit with conditions; or
(c) Deny the Fence Permit.
4. Expiration And Lapse Of Approval: A Fence Permit shall become void, if work authorized under the permit has not been completed within six (6) months of the date of issuance.
(G) Temporary Use Permit:
1. Purpose: A Temporary Use Permit shall be required prior to the establishment of a temporary use per Section 9-3-04 of this UDO to certify compliance with all applicable regulations of this UDO and the applicable sections of the building code as adopted by the Village.
2. Temporary Use Permit Review Criteria: To approve the issuance of a Temporary Use Permit, the Village Administrator or their designee shall make an affirmative finding that all applicable provisions of this UDO, the applicable building code, and all other Village ordinances are met.
3. Village Administrator Action: The application shall be reviewed by the Village Administrator or their designee to ensure the application conforms to the criteria in subsection (3) above. Based upon their review, the Village Administrator or their designee shall:
(a) Issue the Temporary Use Permit;
(b) Issue the Temporary Use Permit with conditions; or
(c) Deny the Temporary Use Permit.
(H) Special Event Permit:
1. Purpose: A Special Event Permit shall be required prior to the commencement of a special event as defined in this UDO. Special events shall take place on private property only unless specifically allowed on public property or right of ways by a Special Event Permit.
2. Special Event Permit Review Criteria: To approve the issuance of Special Event Permit, the Village Administrator or their designee shall make an affirmative finding that the following criteria are met as applicable:
(a) Land Use Compatibility: The special event must be compatible with the purpose and intent of this UDO and the district in which it will be located. The special event shall not impair the normal, safe, and effective operation of a permanent use on the same site, unless otherwise approved by the use operator. The special event shall not endanger or be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity of the special event, given the nature of the activity, its location on the site, and its relationship to parking and access points.
(b) Compliance With Other Regulations: A building permit or temporary certificate of occupancy may be required before any structure used in conjunction with the special event is constructed or modified. All structures and the site shall meet all applicable building code, UDO, and fire code standards and shall be promptly removed upon the cessation of the special event. Upon cessation of the special event, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use).
(c) Hours Of Operation And Duration: The duration and hours of operation of the special event shall be consistent with the intent of the event and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Village Administrator or their designee at the time of approval of the Special Event Permit.
(d) Traffic Circulation: The special event, as determined by the Village Administrator or their designee, shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, and traffic controls.
(e) Off-Street Parking: Adequate on-site or off-site off-street parking shall be provided for the temporary use, as determined by the Village Administrator or their designee, and it shall not create a parking shortage for any other use in operation during hours of operation of the special event.
(f) Public Conveniences And Litter Control: Adequate on-site restroom facilities and on-site solid waste containers may be required. The applicant shall provide a written guarantee that all litter generated by the special event shall be removed at no expense to the Village.
(g) Appearance And Nuisances: The special event shall be compatible in intensity, appearance, and operation with surrounding land uses in the area, and shall not impair the usefulness, enjoyment, or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
(h) Signs And Attention-Getting Devices: The Village Administrator or their designee shall review all signage in conjunction with the issuance of the Special Event Permit, although a Sign Permit is not required. The Village Administrator or their designee may approve the temporary use of attention-getting devices. The number and types of signs and attention-getting devices allowed shall be evaluated on the following criteria:
(1) Type and size of the proposed event or use;
(2) Safety considerations (sight distance setbacks, sidewalks in area, etc.);
(3) Lighting considerations (disturbance of nearby residents or adverse effects to traffic on adjacent streets); and
(4) Aesthetic concerns (appearance, illumination, number, and size of signs and attention-getting devices proposed).
(i) Other Conditions: The Village Administrator or their designee may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the special event. Conditions may include, but shall not be limited to:
(1) Modifications or restrictions to the hours of operation, duration of the event, size of the activity or other operational characteristics.
(2) If the permit applicant requests the Village to provide extraordinary services or equipment or if the Village Administrator or their designee otherwise determines that extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Village a fee sufficient to reimburse the Village for the costs of these services if not provided by the applicant. This requirement shall not apply if the special event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.
3. Village Administrator Action: The application shall be reviewed by the Village Administrator or their designee to ensure the application conforms to the criteria in subsection (2) above. Based upon their review, the Village Administrator or their designee shall:
(a) Issue the Special Event Permit;
(b) Issue the Special Event Permit with conditions; or
(c) Deny the Special Event Permit. (Ord. 23-0-05, 1-23-2023)