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The administrative provisions of this Chapter establish the procedures for reviewing and acting upon applications for zoning certificates, zoning permits, and certificates of approval in order to accomplish the purposes for which this Planning and Zoning Code is adopted.
(Ord. 62-2023. Passed 1-16-24.)
(a) A zoning certificate shall be issued only when the plans for the proposed use, building or structure fully comply with the regulations set forth in this Planning and Zoning Code.
(1) A zoning certificate shall be issued when:
A. Site/Development Plan Review. An application for any permitted use has been reviewed and approved by the Planning Commission according to the site/development plan review procedures set forth in Chapter 1181.
B. Conditional Uses. An application for a conditional use has been reviewed and approved by the Planning Commission and Council according to the procedures set forth in Chapter 1182.
C. Variance Requests. An application for which a variance from a requirement of this Planning and Zoning Code is requested has been reviewed and approved by the Planning Commission, according to the procedures set forth in Chapter 1183.
D. Similar Uses. An application for any building or use not specifically listed in this Planning and Zoning Code as a permitted or conditional use has been reviewed and approved by the Planning Commission and Council according to the procedures set forth in Chapter 1182.
(2) Applications for zoning certificates are available in the Office of the Zoning Administrator. A completed application form accompanied by all other applicable submission requirements shall be submitted to the Zoning Administrator.
(b) Completion of Construction with Zoning Certificate. Nothing in this Planning and Zoning Code shall prohibit the completion of the construction and use of buildings for which a zoning certificate has been issued prior to the effective date of this Planning and Zoning Code, or amendments thereto, provided that construction is commenced within ninety (90) days after the issuance of such certificate, that construction is carried on diligently and without interruption and the entire building is completed within two (2) years after the issuance of the zoning certificate. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction. (Ord. 62-2023. Passed 1-16-24.)
(a) No building, structure, or property shall be erected, enlarged, structurally altered, moved or improved upon in whole or in part prior to the issuance of a zoning permit.
(b) Construction or alteration of single-family dwelling, two (2) family dwelling, or use accessory thereto that meet the requirements established in this code may file directly for a zoning permit.
(1) Submission of Applications. An application for a zoning permit for the construction or alteration of a single-family dwelling, two family dwelling, or use accessory thereto shall include the items set forth below.
A. The completed application form, along with the application fee as established by City Council.
B. New construction of dwellings requires a site plan, floor plans, and elevation views of the proposed structure.
C. Additions and alterations to a dwelling and accessory use construction requires a construction drawing showing the following:
1. A sketch of the lot.
2. All existing structures and features.
3. The proposed improvements with dimensions.
4. Dimensions from proposed improvements to the lot lines.
5. Location and dimension of any easements and use of the easement.
6. Any other pertinent data as may be necessary to determine and provide for the enforcement of this Planning and Zoning Code.
(2) Review for Completeness. Within ten (10) days after receiving an application, the Zoning Administrator shall review the submitted application to determine compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made.
(3) Action by Zoning Administrator. The Zoning Administrator shall evaluate the application and approve or deny it within thirty (30) days from the date it was determined to be complete. In evaluating the application, the Zoning Administrator 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.
(4) Approval. The Zoning Administrator 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.
(5) Denial. If it is determined by the Zoning Administrator 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 and a zoning certificate is required. The Zoning Administrator shall state on the application the reason for the denial, including the regulation(s) which would be violated by the proposed use, and shall transmit one copy thereof to the applicant along with one copy of the plot plan, signed, dated and noted as disapproved, retaining the original application for the City's permanent record.
(c) Zoning Permits for All Other Buildings and Structures. An application for all other buildings and structures not described in subsection (b)(3) above, including, but not limited to, multi-family dwellings (with more than three units), community or institutional facilities, and commercial and industrial buildings or structures, shall have the following:
(1) Zoning Certificate Required. Zoning certificates, including approval of the site/ development plan, conditional use(s) and/or variance(s) shall be obtained prior to submission of application for a zoning permit.
(2) Submission Requirements.
A. The application shall include the property number assigned by the City Engineer as set forth in Chapter 1335 of the Codified Ordinances.
B. A complete set of building plans, approved by the state of Ohio Department of Commerce, Industrial Compliance Division for compliance with the OBC shall be submitted with the required application.
C. Proposed grading plan indicating final grading of the site after completion of the building and/or structure.
D. Other plans, drawings, documentation as needed to indicate compliance with the construction standards adopted by the City of Bryan.
(3) Review.
A. The Zoning Administrator shall review the application for compliance with the submission requirements.
B. The Fire Official shall review the application for compliance with provisions related to fire prevention.
C. The City Engineer shall review the application to determine conformity to the grading, storm water retention, and construction standards in effect in the City.
(4) Action.
A. If the application is determined to comply with the submission requirements and is approved by the City Engineer and Fire Official, the Zoning Administrator shall issue a zoning permit.
B. The Zoning Administrator shall keep one set of State of Ohio-approved plans and a copy of any change/addenda/ waiver.
C. Any future change/ addenda/ waiver issued by the State of Ohio Department of Commerce, Industrial Compliance Division shall be submitted to the Zoning Administrator for his review and approval prior to the change/ addenda/ waiver becoming valid in the City.
(d) Partial Permits. The Zoning Administrator may issue a permit authorizing work to begin on only a portion of a proposed project, otherwise known as a partial permit. However, prior to issuing such a permit, all necessary zoning approval shall be obtained.
(e) Zoning Permit for Sign. Applications for a permit to erect a sign shall comply with the requirements and procedures set forth in Chapter 1173 of the Planning and Zoning Code.
(f) Zoning Permit for Demolition. Applications for a permit to demolish a building shall be submitted to the Zoning Administrator and reviewed by the City Engineer and Fire Official. (Ord. 62-2023. Passed 1-16-24.)
A zoning certificate/permit shall become void at the expiration of twelve (12) months after the date of issuance unless, prior thereto, construction is begun, or an extension has been granted by the Zoning Administrator. If no construction is begun within one year of the date of the certificate/permit and an extension has not been granted, a new application and certificate/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. Unfinished construction projects on which no progress is made for 180 days shall be considered abandoned and declared a nuisance.
(Ord. 62-2023. Passed 1-16-24.)
Where work for which a permit is required by this Zoning Code is started prior to obtaining such permit, the fees required by the permit shall be double. The payment of such double fee shall not relieve any person from fully complying with the requirements of the law of the State or ordinances of this Municipality. (Ord. 62-2023. Passed 1-16-24.)
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