This chapter shall constitute and be known as
the "Building Code" and may be cited as such and shall presumptively
provide for all matters concerning, affecting or relating to the construction,
equipment, alteration, repair or removal of buildings or structures
erected or to be erected within the village.
In this chapter the following terms shall have
the meanings respectively ascribed:
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
[Added 11-20-1978 by L.L. No. 4-1978]
Such person as the Village Board of Trustees shall designate
to perform the duties of said office.
Single-family dwellings in detached, semidetached or attached
structures constructed with a specific fire-resistance separation,
with living, cooking, sanitary and sleeping facilities arranged for
the use of one family.
[Added 11-20-1978 by L.L. No. 4-1978]
A building used solely as a private residence.
[Added 11-20-1978 by L.L. No. 4-1978; amended 10-17-2016 by L.L. No. 5-2016]
One of the following:
A group of people related by blood, marriage or legal adoption,
living together in a dwelling unit, constituting a natural family;
or
No more than three unrelated persons living together in a dwelling
unit; or
Four or more persons living together in a dwelling unit who
are not related by blood, marriage or legal adoption, who have overcome
a presumption that they do not constitute a family by a determination
that they are the functional equivalent of a natural family.
In determining whether a group of individuals is living together
as the functional equivalent of a natural family, the following criteria
must be present:
The group is one which, in appearance, structure and function,
resembles a natural family.
The group must share the entire dwelling unit, including the
cooking facilities, as a single housekeeping unit, use all rooms and
housekeeping facilities in common and have access to all parts of
the dwelling unit.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly resident
in the household who are enrolled in local schools;
Members of the group have the same address for purposes of voter
registration, driver's license, motor vehicle registration and
filing taxes;
Members of the group are employed in the area; and
The group has been living together in the current dwelling unit,
or elsewhere, for a continuous period of one year or more.
Any other factors which may be determinative of whether or not
the group is the functional equivalent of a natural family.
The floor area of a story of a building within exterior walls,
party walls, fire walls or any combination thereof.
[Added 11-20-1978 by L.L. No. 4-1978]
[Added 11-20-1978 by L.L. No. 4-1978]
A wall constructed of noncombustible material
which shall extend above the roof to form a parapet in conformity
with any required fire-resistance rating of building wall in hours.
In two-story single-family dwellings, walls shall be of at least eight
inches of brick, concrete or concrete masonry units, properly reinforced,
extending from the footings through the roof for two feet, providing
a two-hour fire rating. "Fire walls" shall form a continuous fire
and smoke barrier between adjoining buildings, and in the event of
removal or collapse of construction on one side, shall not endanger
the support of construction on the remaining side and shall serve
as an exterior wall.
Where combustible members, such as joists and
beams, are framed into fire walls, such combustible members shall
not extend through the wall but shall have at least four inches of
solid noncombustible material below and at sides and ends of such
members.
A church, school or other place of public assembly.
Space in a building enclosed or set apart by a partition
containing at least one window.
A building, any part of which is used for business purposes.
[1][1]
Editor's Note: Original Section 7-3, Village
board constituted building committee; authority as board of appeals,
which immediately followed this section, was deleted 1-7-1991 by L.L.
No. 1-1991.
[Added 1-7-1991 by L.L. No. 1-1991]
This chapter shall be enforced by the
Board of Trustees of the village.
[1]
Editor's Note: Former § 154-6, Right
of entry, was repealed 12-9-1996 by L.L. No. 22-1996.
No wall, structure, building or part thereof
shall hereafter be built, constructed, moved or altered in the village
except in conformity with the provisions of this code. No building
already erected or hereafter to be built in said village shall be
raised, altered, moved or built in any manner that would be in violation
of any of the provisions of this code or the approval issued thereunder,
nor shall any excavations be started before a building permit is granted.
Any buildings in the village shall have the
property abutting the house graded in conformity with the improved
property in that block. Whenever possible, the grade shall run from
the rear of the plot to the street. If an adjoining owner's property
will be damaged because of strict conformity with the proposed grade,
the grade in that event shall be made to conform to the abutting property
in order to eliminate any possibility of damage to the adjoining property
owner.
No building shall hereafter be so altered as
to reduce either the size of any room or the amount of window space
to less than that required for buildings hereafter erected or to create
any additional room or rooms unless such additional room is made to
conform to the requirements for rooms in buildings hereafter erected,
except that such rooms may be of the same height as existing rooms
in the same story. No building shall hereafter be enlarged nor shall
the lot or plot on which it is located be diminished so that the dimensions
of any court required for light or ventilation, as provided in this
code, shall be less than the dimensions prescribed for buildings hereafter
erected.
The Board of Trustees of the village shall have
the power to hear and act upon any application to vary and modify
any provision or requirement of this chapter or any rule, regulation
or order issued by any officer charged with the administration thereof.
Where compliance with the strict letter of this chapter causes particular
difficulty or undue hardship, the Board of Trustees shall have power,
on satisfactory proof at a public hearing and provided that the spirit
and intent of this chapter are maintained, to vary and modify any
provision or requirement of this chapter or of any rule, regulation
or order pursuant thereto.
The owner, general agent or contractor of a
building or premises where a violation of this chapter has been committed
or shall exist and the owner, general agent or contractor, lessee
or tenant of any part of a building or premises in which such violation
has been committed or shall exist and the general agent, architect,
builder, contractor or any person who commits, takes part or assists
in such violation or who maintains any building or premises in which
such violation shall exist shall be responsible for such violation
and punishable therefor.
