(a) Purpose. A zoning permit 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 City.
(b) Applicability.
(1) No land shall be used nor shall any building or structure be used, changed in use, established, constructed, enlarged, moved, or modified without first obtaining a zoning permit.
(2) Zoning permits shall be issued only in conformity with the provisions of this Code and shall be authorized by the Zoning Commissioner.
(3) Upon written request from the owner or tenant, the Zoning Commissioner shall issue a zoning permit for any building or premises existing at the time of enactment of this Code, certifying, after inspection, the extent and kind of use made of the building or premises, and whether such use conforms to the provisions of this Code.
(4) A zoning permit shall be required for all lawful nonconforming uses of land or buildings created by adoption of this code or any amendment thereto.
(5) Zoning permits shall be required for signs, except as specified in Section 1179.05 Signs Not Requiring a Permit.
A. Zoning permits for signs in the Central Business District as defined by the boundaries described in Subsection 1179.02(h)(3) shall not be issued by the zoning commissioner until the design review board, as established in Section 1163.08 Design Review Board for Central Business District (CBD), has reviewed and approved such sign.
(6) The Zoning Commissioner shall not issue any permit authorizing the commencement of work without prior site plan review in accordance with Section 1165.06 Site Plan Review, including within an overlay district.
(c) Initiation. Any person having authority to file applications may initiate an application for a zoning permit pursuant to Subsection 1165.02(a) Authority to File Applications.
(d) Procedure.
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements.
B. The applicant shall not begin construction until a zoning permit has been issued.
C. Each plan submitted as part of an application for a zoning permit shall bear statements declaring that no part of the land involved in the application has been previously used to provide required yard space of lot area for another structure.
(2) Step 2 - Staff Review and Decision.
A. For the Construction or Alteration of a Building
The Zoning Commissioner shall review each complete application for the construction or alteration of a building and either approve and issue the zoning permit or deny the application within 10 days of the application (Step 1). Approval of a zoning permit shall be conditioned upon approval of site construction plans by the City Engineer.
B. For a Change in Use.
The Zoning Commissioner shall review each complete application for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use and either approve and issue the zoning permit or deny the application within 15 days of the application (Step 1).
C. Moratorium.
Zoning permit applications submitted for a site subject to an approved moratorium shall not be reviewed, and no decision made, within the period of time that the moratorium is in place, except as may be authorized by the legislation establishing the moratorium.
(3) Step 3 - Zoning Compliance Inspection.
A. A zoning compliance inspection shall be required after completion of the work authorized by the zoning permit. A zoning compliance inspection shall not be required for agricultural uses. A zoning compliance inspection shall be required for any of the following:
1. Occupancy of a new nonresidential building or structure after completion of construction.
2. Occupancy or change of occupancy of an existing nonresidential building or structure.
3. Change of use in any nonresidential building.
B. The Zoning Commissioner shall conduct a zoning compliance inspection to ensure that the project has been completed according to the approved zoning permit and plans.
C. The zoning compliance inspection shall be scheduled at least two weeks prior to expected occupancy and/or opening for business.
D. The Zoning Commissioner shall provide the applicant with findings from the zoning compliance inspection within 24 hours of the initial inspection.
E. The applicant shall notify the Zoning Commissioner when corrections, if needed, have been made based on the initial inspection. Additional inspections shall be scheduled if deemed necessary by the Zoning Commissioner.
F. Upon passing the zoning compliance inspection, the Zoning Commissioner shall notify the applicant.
G. No zoning compliance inspection shall be approved by the Zoning Commissioner for the occupancy of any building, structure, or improvement to the land or any lot within a subdivision as defined herein, which has been approved for platting or replatting, until all subdivision plans have been approved, the final plat recorded, the zoning requirements met, and the performance bond posted to guarantee installation of all the required improvements.
(e) Review Criteria.
(1) Zoning permits shall be issued only in conformity with the provisions of this Code, unless the Zoning Commissioner receives written order from the BZBA deciding an appeal, conditional use, or variance, or from City Council, approving a Planned Unit Development District, as provided for in this Code.
(2) The application for a zoning permit for a use subject to the performance standards of this Code shall be accompanied by a plan of the proposed construction or development; a description of the proposed machinery, processes, and products; and specifications for the mechanisms and techniques to be used in meeting the performance standards.
(3) Zoning permits shall be issued incorporating requirements of the City Engineer, or conditioned upon incorporating such requirements.
(f) Time Limit. All zoning permits shall expire two years after issuances, unless construction has reached 50% of completion.
(Ord. 7675. Passed 11-11-14.)