Commission reviews notice and affidavit rules for new building permits

The Bunker Hill Village Planning and Zoning Commission on Dec. 2 reviewed Chapter 4, Section 4-10 of the city code, which governs notification of permit applications for new buildings and additions. The review was prompted by a public comment at the Oct. 28 meeting about how residents learn of new-home construction on their street.

Staff read the code text aloud during the meeting. The section defines “recorded restriction” (restrictions in plats, deeds or other recorded instruments) and “restriction” (limitations on property use, setbacks, or building size). It states that no building permit shall be issued for construction on a lot subject to a recorded restriction unless the permit applicant submits an affidavit certifying that notice of the permit application has been delivered to owners shown on the current tax roll. Where a restriction instrument creates a committee or association with enforcement authority and that association is properly organized, the affidavit may certify that notice was served on an authorized agent or officer of the association in lieu of notifying all individual lot owners, except owners adjacent to the lot subject to the permit.

The code specifies required notice content (a general description of the proposed construction, subdivision name, lot and block number and street address) and requires delivery by depositing the notice in the United States mail, registered or certified, return receipt requested. The commission discussed the process and documentation required but recorded no formal vote or motion on this item during the session.

Commissioners asked staff to continue reviewing the process and requirements for issuing notices to adjacent property owners; no public comments were received on this item during the Dec. 2 meeting. Any amendment to Sec. 4-10 would require additional drafting and, if changed, a public hearing before adoption.