No person shall use, locate, erect, construct, reconstruct, enlarge or structurally alter any building, structure, or sign within the City without having the required Zoning Certificate. Said certification shall not be issued unless the plans for the proposed building or structure fully comply with all provisions of this Zoning Ordinance.
(a) Zoning Certificate. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Code. The issuance of a use certificate in no way relieves the recipient from compliance with all the requirements of this Code and other regulations.
(b) Certificate Requirements. A Zoning Certificate shall be required for any of the following:
(1) Construction or exterior alteration of any building, including accessory buildings.
(2) Change in use of an existing building or accessory building to a use of a different classification.
(3) Occupancy and use of any land.
(4) Change in the use of land to a use of a different classification.
(5) Any change in the use of a non-conforming use.
(6) Any accessory building or use which is accessory to a dwelling in an "R" District.
(7) Erection or location of any sign or fence, not replacing a sign or fence of similar construction and sign. Insofar as all the requirements of the Conneaut Zoning Code are met, no permit shall be required for:
A. Election related signs erected within sixty (60) days of an election.
B. Real estate signs advertising the sale or lease of a particular house or dwelling unit.
C. Yard sale signs erected within three (3) days of the yard sale.
(c) Issuance of a Zoning Certificate. Upon written request from the owner or tenant, the Zoning Inspector shall issue a Zoning Certificate for any building or premises existing at the time of enactment of this Zoning Ordinance certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conform to the provisions of this Zoning Ordinance.
(d) Application for a Zoning Certificate. A Zoning Certificate application shall be made in writing to the Zoning Inspector. Each written application shall be accompanied by a nonrefundable fee set by Council and shall include the following:
(1) Name, address, and telephone number of the applicant.
(2) Two (2) copies of a scale drawing with a legal description and/or survey showing the actual shape and dimensions of the lot to be built upon, or to the changes in its use, in whole or in part, and such other items as may be required.
(3) The location of the lot, existing zoning and land use, including the immediately surrounding area.
(4) A detailed site plan showing the location, size, and height of any building or structure to be erected or altered.
(5) The existing or intended use of each building, structure or use of land where buildings are included.
(6) The number of families or dwelling units each building is designed to accommodate, if applicable.
(7) Such other information as the Inspector may deem appropriate in order to determine whether the terms and conditions of this Zoning Ordinance have been met.
(e) Approval of Zoning Certificate.
(1) Within thirty (30) days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this resolution. The Zoning Inspector shall approve the zoning application provided such application satisfies the terms and conditions of this Code, including provisions relating to planning approval found in Section 1137.02(a)(2). The permit fee shall be reduced by an amount equal to the non-refundable filing fee established by Council. Prior to the issuance of the permit, the Zoning Inspector shall determine if the Design Review Standards have been followed and satisfied.
(2) All Zoning Certificates shall, however, be conditioned upon the commencement of work within 120 days. One (1) copy of the plans shall be returned to the applicant by the Zoning Inspector after he shall have marked such copy either approved or disapproved and attested to same by his signature on such copy. One (1) copy of plans, similarly marked, shall be retained by the Zoning Inspector. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alternation is in conformance with the provisions of this Zoning Ordinance. Failure to notify the applicant in case of refusal within said thirty (30) days shall entitle the applicant to a public hearing before the Board of Zoning Appeals to determine the Zoning Inspector's failure to act within the prescribed time limit. Such hearing shall be at the next regularly scheduled Board meeting.
(f) Expiration of Zoning Certificate. If the work described in any Zoning Certificate has not begun within one hundred and twenty (120) days from the date of issuance thereof, said certificate shall expire; it shall be revoked by the Zoning Inspector; and written notice thereof shall be given to the persons affected. If the work described in any Zoning Certificate has not been substantially completed within two (2) years of the date of issuance thereof, such certificate shall expire and be revoked by the Zoning Inspector, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate has been obtained or extension granted by the Zoning Inspector.
(g) Procedure for Notification by Inspector of Intent to Revoke. The Inspector shall notify the holder of the variance or certificate by certified mail of its intent to revoke the variance or certificate under this section of his right to a hearing before the Inspector, within thirty days of the mailing of the notice, if he so requests. If the holder requests a hearing, the Inspector shall set a time and place for the hearing, and notify the holder. At the hearing, the holder may appear in person, by his attorney or he may present his position in writing. He may present evidence and examine witnesses appearing for or against him. If no hearing is requested, the Inspector may revoke the variance or certificate without a hearing. The authority to revoke a variance or certificate is in addition to any other means of zoning enforcement provided by law. The holder may appeal to the Board of Zoning Appeals.
In exercising the above-mentioned powers, such Board may, in conformity with such sections, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end has all powers of the officer from whom the appeal is taken.
(Ord. 60-93. Passed 7-11-94.)