§ 155.709  ZONING PERMIT.
   (A)   Applicability.
      (1)   It shall be unlawful to begin moving, constructing, altering, or repairing, except ordinary repairs, of any building or other structure on a site including an accessory structure, until the Planning Department has issued a zoning permit for such work.
      (2)   It shall be unlawful to change the type of use of land, or to change the type of use or type of occupancy of any building, or to extend any use or any lot on which there is a nonconforming use, until the Planning Department has issued a zoning permit for such intended use, including a determination that the proposed use, in all respects, conforms to the provisions of this chapter.
      (3)   It shall be unlawful to undertake any land-disturbing activity until the Planning Department has issued a zoning permit for such work.
      (4)   No zoning permit is required for permitted temporary uses (see § 155.712).
   (B)   Timing of application. In all cases where a building permit is required, application for a zoning permit shall be made concurrently with the application for a building permit. In all other cases, application shall be made before initiating any of the activities that trigger compliance with this section.
   (C)   Application requirements. All applications for a zoning permit shall be submitted in accordance with § 155.702(C).
   (D)   Action by Planning Director.
      (1)   If the proposed application is in conformity with the provisions of this chapter, the Planning Department shall issue a zoning permit, provided that all of the following conditions shall apply:
         (a)   Issuance of a zoning permit shall in no case be construed as waiving any provisions of this chapter;
         (b)   The Planning Director shall not grant any exceptions to the actual meaning of any clause, standards, or regulation contained in this chapter to any person making application to excavate, construct, move, alter or use buildings, structures or land;
         (c)   The Planning Director shall issue a permit when the imposed conditions of this chapter are complied with by the applicant regardless of whether the use of the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among private parties; and
         (d)   The zoning permit shall include a determination that plans, specifications and the intended use of such structure and land do, in all respects, conform to the provisions of this chapter. Prior to the issuance of a zoning permit, the Planning Director shall consult with other applicable departments, as necessary.
      (2)   If the proposed application, is not in conformity with the provisions of this chapter, the Planning Director shall not issue the zoning permit and shall provide in writing the cause of such disapproval to the applicant.
   (E)   Expiration. Once a zoning permit has been issued, all activities pursuant to such permit shall be commenced within six months. If the proposed moving, constructing, altering, repairing, or use of land, as set forth in an application for a zoning permit, is discontinued for a period of one year or more, the zoning permit shall lapse and be of no further force and effect.
   (F)   Appeal. Final action on a zoning permit may be appealed to the board of adjustment in accordance with § 155.717.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2018-07-02, passed 7-16-18)