(a) Purpose. A zoning certificate shall be required in accordance with the provisions of this section in order to ensure that proposed development complies with the standards of this code, and to otherwise protect the public health, safety, and general welfare of the citizens of the Village.
(b) Applicability.
(1) No building or other structure shall be erected, moved, altered or added to, nor shall any building, structure or land be occupied or used, in part or in whole, without a zoning certificate issued by the Zoning Administrator.
(2) Any change in use within an existing structure or of land shall require a zoning certificate with the exception that a change in tenancy or ownership of a residential dwelling unit shall not be required to receive a zoning certificate.
(3) A zoning certificate may be required for the establishment of certain temporary or accessory use as established in Chapter 1109: Accessory and Temporary Uses.
(4) The use of vacant land shall require the issuance of a zoning certificate.
(5) Unless otherwise specifically exempted in Chapter 1117: Signs, signs shall require a zoning certificate.
(6) Zoning certificates shall be issued only in conformity with the provisions of this code unless the application is subject to an approval by the Planning Commission, providing for additional standards, conditions, or modifications, in which case, the zoning certificate shall be issued in conformity with the provisions of those approvals, as applicable.
(7) Failure to obtain a zoning certificate shall be a violation of this code subject to the provisions of Chapter 1123: Enforcement and Penalties.
(c) Procedures, Permits, or Certificates Subject to Similar Review. For the purposes of this code, the zoning certificate review shall be an administrative review that may be applied to permits or certificates of other names (e.g., sign permits, temporary use permits, zoning occupancy permit, etc.) if stated in this code. In such cases, the procedure of this section shall still apply.
(d) Zoning Certificate Review Procedure. The review procedure for a zoning certificate shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(2) Step 2 - Zoning Administrator Review and Decision.
A. The Zoning Administrator may distribute the application to other staff members and other Village departments to solicit comment on the zoning certificate application.
B. For any zoning certificate application for seeking or proposing development or applicable activities in a special flood hazard area, the Zoning Administrator shall be required to also review and make a decision on the zoning certificate application as it relates to any flood-related regulations.
C. Within fifteen (15) days after the application is determined to be complete, the Zoning Administrator shall make a decision either approving or denying the zoning certificate application. For applications that include uses, structures, or buildings in a special flood hazard area pursuant to Section 1111.08, or for applications that require the submission of a landscaping plan in accordance with Chapter 1113: Landscaping and Screening, the Zoning Administrator shall have thirty (30) days to make a decision on the zoning certificate. An extension on the decision may be granted with approval from the applicant. Where the proposed development is within a special flood hazard area, the Zoning Administrator shall be required to make a decision within the same timeframe.
D. Prior to finalizing a decision on the application, the Zoning Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance with this code. The Zoning Administrator shall not sign the zoning certificate until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Zoning Administrator. Failure by the applicant to submit any revised forms, maps, and documents to demonstrate compliance within ninety (90) days of notice from the Zoning Administrator shall be deemed a withdrawal of the application and the applicant shall forfeit all application fees.
E. If the Zoning Administrator denies the application, such denial shall be accompanied by written explanation of such denial, which shall in no way inhibit or obligate the Zoning Administrator on any future applications. Such decision shall be delivered by certified mail or personal service to the applicant.
(e) Review Criteria.
(1) In order to approve any zoning certificate, the Zoning Administrator shall determine the following:
A. The application complies with all applicable provisions of this code and the applicable zoning district; and
B. The application complies with all approved plans, conditions, or other development approvals that may have been required by this code.
(2) The Zoning Administrator shall deny any application which they determine contains information which is clearly and demonstrably false. There is no administrative appeal from such denial. Should the applicant file an amended application containing correct information, it shall be treated as a new application and the Zoning Administrator shall collect the filing fee established by this section.
(f) Time Limit and Abandoned or Suspended Work.
(1) The applicant shall obtain an approved building permit, where required, and begin construction, within one year of the date the zoning certificate is approved or the approval shall be revoked. The date of approval shall be the date the Zoning Administrator provides a signed copy of the permit to the applicant.
(2) For activities that do not require a building permit, the activity shall have been substantially begun within one year of approval and is thereafter pursued to completion, as determined by the Zoning Administrator.
(3) Time limits for permitted temporary uses and structures shall be as authorized in Section 1109.02. An approval of a zoning certificate for a temporary use shall include the approved start and end dates for the proposed temporary use.
(4) Construction shall be completed within eighteen (18) months of approval of the zoning certificate or the zoning certificate shall be revoked.
(5) Upon written request, two extensions of the time limits set forth in (1) and/or (4) above, for up to six months each may be granted by the Zoning Administrator if the applicant can show good cause for a delay. Additionally, the Zoning Administrator shall have the authority to extend the time limits for the start of construction and completion of construction as part of the zoning certificate approval if the scale of the work justifies such extension.
(6) The Zoning Administrator shall notify the applicant of the revocation of a zoning certificate including notice that further work or use as described in the canceled permit shall not proceed unless and until a new zoning certificate has been obtained or extension granted.
(7) Upon revocation of a zoning certificate approval, a new application, including all applicable fees, shall be required before a new zoning certificate application will be reviewed.
(8) The above time limits shall not apply if alternative time limits have been approved by Planning Commission or Village Council as part of a site plan or Planned Development approval.
(9) For the purposes of this section, construction is deemed to have begun when all necessary excavation and piers or footings for one or more principal buildings included in the plan shall have been completed.
(g) Revoking a Zoning Certificate. A zoning certificate shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. The Zoning Administrator shall have the ability to revoke such certificate in accordance with Chapter 1123: Enforcement and Penalties. In the event of the revocation of a zoning certificate, an appeal may be taken to the Planning Commission in accordance with Section 1103.14: Appeals to the Planning Commission, of this code.
(h) Appeals. Except as provided for in Section 1103.13(e)(2), any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the right to appeal the decision to the Planning Commission as established in Section 1103.14: Appeals to the Planning Commission provided such appeal is made within fifteen (15) days after the decision of the Zoning Administrator is mailed by certified letter or personal service to the address listed on the application. (Ord. 2023-16. Passed 6-5-23.)