No building or structure shall be erected, constructed, enlarged, structurally altered, or moved in whole or in part, and no use of buildings or land shall be established or changed in the City of Fairlawn prior to the issuance of a zoning certificate. 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 Zoning Code.
(a) A zoning certificate shall be issued under the following circumstances:
(1) Single-Family Detached & Two and Three-Family Dwellings and Uses Accessory Thereto. An application for a single-family detached, two-family, and three-family dwellings or use accessory thereto has been reviewed and approved by the Zoning Administrator according to the procedures of this Chapter.
(2) All Other Permitted Uses. An application for any other permitted use not described in subsection (a)(1) above, has been reviewed and approved by the Planning Commission or the Zoning Administrator according to the site plan review procedures set forth in Chapter 1240.
(3) Variance Requests. All applicable applications have been reviewed and approved according to the provisions of this Code, and a variance from a requirement of this Zoning Code has been reviewed and approved by the Board of Zoning and Building Appeals, according to the procedures set forth in Chapter 1242.
(4) Similar Uses. An application for any use not specifically listed in this Zoning Code as a permitted or conditional use has been reviewed and approved according to the procedures set in Chapter 1241, Procedures for Conditional Use and Similar Use Approval. If the similar use is classified as a conditional use by the Planning Commission, an application for a conditional use shall be reviewed and approved, as required by this Zoning Code, prior to a zoning certificate being issued.
(b) 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.
(c) Expiration of Zoning Certificate. Zoning certificates shall be valid for a period of one hundred-eighty (180) days, during which period a building permit shall be obtained, if one is required.
(1) Construction shall begin under the authority of a building permit within six (6) months from the date of the issuance of such permit. Such timeframe may be extended up to six (6) months by the Zoning Administrator.
(2) Construction of the project shall be completed within two (2) years, unless an extension has been applied for and granted by the Planning Commission.
(3) If the time limitations provided in subsections (1) and (2) hereof have not been complied with and if, as a consequence the zoning certificate in question has been voided by the Zoning Administrator, the same shall be invalid and a re-application for a re-issuance of a new zoning certificate shall be required to accomplish the purpose for which the original certificate was issued or applied for. The re-application shall be accompanied by the appropriate fee.
(d) No zoning certificate for excavation, construction, or reconstruction shall be issued unless the plans, specifications, and the intended use or occupancy conform to the provisions of this Zoning Code.
(Ord. 2010-059. Passed 3-7-11.)