Loading...
Except as specifically permitted in this Planning and Zoning Code, no building or structure shall be erected, constructed, enlarged, structurally altered, or moved in whole or in part, no use shall be established or changed, and no home occupation shall be operated anywhere in the City until a zoning permit is issued by the Zoning Enforcement Officer, unless it is clearly stated in this Planning and Zoning Code that a zoning permit is not required. A zoning permit shall be issued only when the plans for the proposed use, building or structure comply with the regulations set forth in this Planning and Zoning Code. A home occupation permit shall be issued when, on an initial application or any renewal thereof, the applicant establishes compliance with the regulations contained herein and as set forth in Section 1262.08(g) of this Planning and Zoning Code. Each home occupation permit will expire three years from the date of issuance. Renewals may be obtained thirty days prior to expiration.
(a) A zoning permit shall be issued for the following when the required steps are accomplished:
(1) Single-Family Dwellings, Two-Family Dwellings, Home Occupations and Uses Accessory Thereto: when an application for a single-family dwelling, a two-family dwelling, a home occupation or use accessory thereto has been reviewed and approved by the Zoning Enforcement Officer according to the procedures of this Chapter.
(2) All Other Permitted Uses: when an application for development plan approval for any other permitted use not described in division (a)(1) above has been reviewed and approved by the Planning Commission according to the development plan procedures set forth in Chapter 1228.
(3) Special Uses: when an application for a special use has been reviewed and approved by the Planning Commission and Council according to the procedures set forth in Chapter 1230.
(4) Variance Requests: when an application for which a variance from a requirement of this Planning and Zoning Code is requested and has been reviewed and approved by the Board of Zoning and Building Appeals, according to the procedures set forth in Chapter 1232.
(5) Similar Uses: when an application for any building or use not specifically listed in this Planning and Zoning Code as a permitted or special use has been reviewed and approved by the Planning Commission and Council according to the procedures set forth in Section 1230.11.
(b) Applications for zoning permits and home occupation permits are available in the office of the Zoning Enforcement Officer. A completed application form accompanied by all other applicable submission requirements shall be submitted by the applicant to the Zoning Enforcement Officer along with the appropriate fee.
(c) Anyone currently engaging in a home occupation, as defined in ACO Section 1222.02(b)(57) and Section 1262.08(g), has until January 1, 2022 to obtain a home occupation permit. Engaging in a home occupation without a valid permit after the effective date of this legislation shall be deemed a nuisance under Section 1238.03 and punishable pursuant to Section 1238.09 of the Planning and Zoning Code.
(Ord. 58-01. Passed 5-29-01; Ord. 67-21. Passed 10-12-21.)
(a) Submission of Applications. An application for the construction or alteration of a single-family dwelling, two-family dwelling or use accessory thereto shall include the items set forth below. Such applications may be submitted simultaneously with an application for a building permit.
(1) The completed application form, along with the application fee as established by City Council.
(2) One copy of a general vicinity map.
(3) Three copies of a plot plan. The plot plan shall be legibly drawn to scale, shall be based on an accurate survey, prepared by a registered surveyor, and shall include the following:
A. Property boundary lines showing the actual shape, exact dimensions, and area of the lot to be built upon or utilized.
B. Right-of-way of adjacent streets.
C. Location, dimensions, height, and bulk of all existing and proposed buildings and structures to be erected or altered.
D. The existing and intended use of all land, buildings and structures.
E. Dimensions of yards, driveways and parking areas.
F. The number of dwelling units the building is designed to accommodate.
G. Location and use of buildings that are on adjoining lots and within 20 feet of all property lines.
H. Any other pertinent data as may be necessary to determine and provide for the enforcement of this Planning and Zoning Code.
(b) Review for Completeness. The Zoning Enforcement Officer shall review each submitted application to determine compliance with the submission requirements. If the application is deemed insufficient, the Zoning Enforcement Officer shall notify the applicant within 10 days of receiving such application of the deficiencies and place the application on hold until complete. When the application is deemed complete and the application fee has been paid, the Zoning Enforcement Officer shall officially accept the application for consideration of the action requested on the date such determination is made.
(c) Action by Zoning Enforcement Officer. The Zoning Enforcement Officer shall evaluate the application and approve or deny it within 30 days from the date it was determined to be complete. In evaluating the application, the Zoning Enforcement Officer may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Planning and Zoning Code.
(1) Approval. The Zoning Enforcement Officer shall issue a zoning permit upon finding that the building, structure or use, as proposed, complies with the provisions of this Planning and Zoning Code.
(2) Denial. If it is determined by the Zoning Enforcement Officer that the proposed building, structure or use would violate one or more provisions of this Planning and Zoning Code, then the zoning permit shall not be issued. The Zoning Enforcement Officer shall state on the application the reason for the denial, including the regulations that would be violated by the proposed use. One copy of the plot plan signed, dated and noted as approved or disapproved shall be returned to the applicant, the original application shall be retained as a permanent record.
(Ord. 58-01. Passed 5-29-01.)
A zoning permit shall become void at the expiration of 180 days after the date of issuance unless, prior thereto, construction is begun, or an extension has been granted by the Zoning Enforcement Officer. If no construction is begun within 180 days of the date of the permit and an extension has not been granted, a new application and permit shall be required. Construction is deemed to have begun when all necessary excavation and piers or footings of the structure included in the application have been completed. The date of expiration shall be noted on the zoning permit.
(Ord. 58-01. Passed 5-29-01.)
(a) Certificate of Occupancy Required. After receiving a zoning permit in accordance with Sections 1226.02 and 1226.03, and prior to the occupancy of such building or structure, a certificate of occupancy shall be required to ensure compliance with this Planning and Zoning Code and approved development plan. A certificate of occupancy shall be applied for and issued as follows, except that any use, building or structure for which a zoning permit is not required for its erection or alteration shall not require a certificate of occupancy.
(1) Occupancy of a Building. A certificate of occupancy shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, or changed as to off-street parking or loading requirements may be occupied. A certificate of occupancy shall only be issued after the completion of the erection or alteration of the building or structure, or part thereof, and the proposed use are found upon inspection to be in conformity with the provisions of this Planning and Zoning Code and to the requirements and conditions included in the zoning permit.
(2) Occupancy of Land. A certificate of occupancy shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A certificate of occupancy shall be issued when it is determined, upon inspection, that the use conforms to the provisions of this Planning and Zoning Code and to the requirements and conditions included in the zoning permit.
(3) Change in Use of Nonconforming Building or Use. A certificate of occupancy shall be required whenever a nonconforming use of a building or land is changed, and shall not be issued until the Board of Zoning and Building Appeals has approved the change.
(b) Applications. Applications for a certificate of occupancy are available in the office of the Zoning Enforcement Officer.
(1) Applications shall include accurate information provided by the applicant, regarding the size and location of the lot, dimensions of all yards and open space, the use of land or building operations or processes and other pertinent information as may be requested by the City.
(2) Within three days after notification that a building, structure or premises or part thereof is ready for occupancy or use, the Zoning Enforcement Officer shall make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof and the proposed use thereof are found to conform with this Planning and Zoning Code.
(3) If such certification is refused, the Zoning Enforcement Officer shall state such refusal in writing, with the cause thereof, and immediately mail notice of such refusal to the applicant at the address indicated in the application.
(c) Certification. The certificate of occupancy shall document that the building, structure or proposed use of land, building or structure conforms to the provisions of this Planning and Zoning Code.
(d) Temporary Certification. A certificate of occupancy shall not be granted until all landscaping and buffering requirements have been completed. If compliance is delayed because of the growing season, a temporary permit to occupy may be granted by the Zoning Enforcement Officer. Such delay should not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.
(Ord. 58-01. Passed 5-29-01.)
Council shall by ordinance establish a schedule of fees for review of and action on applications for zoning permits, home occupation permits, development plan review, special use permits, appeals, variances, certificates of occupancy, amendments, subdivision plats, parks and other procedures and services pertaining to the administration and enforcement of this Planning and Zoning Code. Council shall consider the recommendation of the Zoning Enforcement Officer with respect to actual administrative costs, both direct and indirect. The schedule of fees shall be available at City Hall, and may be altered or amended only by Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.
(Ord. 58-01. Passed 5-29-01; Ord. 67-21. Passed 10-12-21.)