1105.02 COMPLETION AND RESTORATION OF EXISTING BUILDINGS.

   Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been issued within thirty days of the date of such permit. Nothing in the Code shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy subsequent to the passage of the Code or prevent the restoration and securing of a building declared unsafe by the Building Commissioner. (Ord. 2018-94.  Passed 10-21-19.)

1105.03 SEVERABILITY.

   The sections, subsections, Districts and building lines forming a part of or established by the Code, and the several parts, provisions and regulations thereof, are hereby declared to be independent sections, subsections, Districts, building lines, parts, provisions and regulations, and the holding of any such sections, subsections, Districts, building lines, parts, provisions or regulations to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, subsection, District, building line, part, provision or regulation thereof. (Ord. 2018-94.  Passed 10-21-19.)

1105.04 FEES FOR ZONING PERMITS.

   Council may establish a schedule of fees for zoning permits, certificates of zoning compliance, development plan reviews, Conditional Use Permits, similar use determinations, appeals, variances, amendments, and other procedures and services pertaining to the administration and enforcement of Code.  The schedule of fees shall be available from the Building Department 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. Fees in the Code may be amended as approved by Council from time to time.  Any such revisions to the fee schedule shall not be deemed an amendment to the Code.

(Ord. 2018-94.  Passed 10-21-19.)

1105.05 EFFECTIVE PERIOD OF ZONING PERMITS.

   (a)   If, after a permit has been issued, the operation called for by it is not begun six (6) months of the date thereof, such permit shall be void.  Before operation can begin, a new permit shall be taken out by the owner or by his agent, contractor or architect, and fees fixed in this chapter for the original permit shall be paid thereof.

   (b)   If after work has commenced, there is a cessation of the work for a period of six (6) months, then, upon notice to the holder of a building permit, which notice may be posted upon the premises, the permit shall expire.  Before work may be continued, the permit must be renewed by the payments of a fee herein fixed for an original permit.  Upon the cessation of work for any length of time, the Building Commissioner may order the filling in of any excavation, the protection property or materials, or the abatement of any condition of nuisance or danger.

   (c)   After work has been commenced, all work to be performed under such permit, including finish grading leveling of all excavations, provision for motor vehicle access to any main building and adequate enclosing and preservation from the elements shall be completed in accordance with plans and specifications within two years from the date of such permit.  Such completion must be sufficient to permit use of any building for which it may be designed, sufficient to prevent the creation of nuisances or dangerous conditions or the unnecessary deterioration of materials, and sufficient to prevent a continuing adverse effect upon surrounding property values.  Such two-year (2) period shall run regardless of the issuance of a stop-work order issued by the Inspector of Buildings for a failure to comply with or for a violation of any of the provisions of this Building Code.

   (d)   Failure to complete any operation or work for which a permit has been issued within two (2) years from date thereof, as provided herein, shall be deemed a violation of this section by the owner of any property upon which such condition exists.

   (e)   Upon the failure of any owner of property to complete any operation or work for which a permit has been issued within two (2) years from date thereof, as provided herein, the Building Commissioner may institute an injunction suit in the Court of Common Pleas of Cuyahoga County for an  order of Court ordering such property owner to complete such operation or work within a specified time, to remove any incomplete building or structure, to fill or grade any excavation, to abate any condition of nuisance or danger, or for other relief appropriate to the enforcement of this Building Code.

   (f)   Failure to obtain a permit within two (2) years after final Site Development Plan approval or final approval of the Architectural Board of Review shall void all approval previously given.  Thereafter, a new application must be made and another fee paid.

   (g)   A permit shall be obtained from the Building Commissioner for all items listed in this chapter.  No work may commence unless the proper permit listed in this Chapter is first obtained by the owner of a property or his or her authorized agent.

(Ord. 2018-94.  Passed 10-21-19.)

1105.06 CONDITIONAL USE PERMITS.

   (a)   Conditional Use Permits shall be required for certain uses as set forth in this Code.  Because of their uncommon or unique nature or characteristics, infrequency of occurrence, large area requirements, potential for impact upon persons or adjacent properties, or for other reasons, such uses may not be permitted in a District without consideration in each case of those potential impacts and the standards and conditions under which they may be permitted and desirable at specific locations and in certain districts.

   (b)   Uses designated as conditionally permitted uses in a District are not permitted by right in the District.  Those uses enumerated in this Code as being conditionally permitted may be permitted in the District enumerated only if a determination is made by the Commission with the concurrence of Council that such uses conform to accepted planning standards and the criteria provided herein and subject to their compliance with any specific conditions or standards attached to their approval, otherwise they shall be prohibited.  The application of planning standards, for determining the acceptability, location, and extent of such conditionally permitted uses, is a planning function and not in the nature of a variance or appeal.

   (c)   Applications for a Conditional Use Permit shall be made on forms provided by the Building Department.  Upon receipt of a completed application, the request shall be scheduled for the next regularly scheduled Commission meeting.  The Commission may recommend approval, denial, or approval with specific conditions and standards for the operation of the proposed use.  The recommendation of the Commission shall be forwarded to Council for its concurrence at the next regular Council meeting.

(Ord. 2018-94.  Passed 10-21-19.)

1105.99 PENALTY.

   The owner or owners of any building or premises or part thereof where anything in violation of this Code is placed or exists, and any architect, builder, or contractor who may be employed to assist in the commission of any such violation, and all persons or corporations who violate any of the provisions of this Code or fail to comply therewith or with any requirements thereof, or who build in violation of any detailed statement of plans submitted and approved thereunder, shall for each and every violation or noncompliance be guilty of a misdemeanor of the first degree and shall be punished as provided in Section 101.99.

(Ord. 2018-94.  Passed 10-21-19.)