Skip to code content (skip section selection)
No land, new building, or structure shall be occupied or used, in whole or in part, and no change in the use or occupancy of an existing building or structure, or any part thereof, shall be permitted, until a Certificate of Zoning Compliance has been applied for and issued by the Zoning Administrator. A Certificate of Zoning Compliance shall also be required prior to the use or occupancy of any building or land, if Section 1238.02, Zoning Certificate Required, requires said land or building to apply for and receive a Zoning Certificate.
(a) Certificate of Zoning Compliance shall be applied for and issued as follows:
(1) Occupancy of a Building. A Certificate of Zoning Compliance shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, changed in tenancy, or changed as to off-street parking or loading requirements may be occupied. A Certificate of Zoning Compliance shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection, to conform with the provisions of this Zoning Code and any other applicable City regulations, policies, and specifications.
(2) Occupancy of Land. A Certificate of Zoning Compliance shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A Certificate of Zoning Compliance shall be issued when it is determined, upon inspection, that the use conforms with the provisions of this Zoning Code.
(3) Change in Use of Nonconforming Building or Use. A Certificate of Zoning Compliance shall be required whenever a nonconforming building, structure, or land is changed to another nonconforming use, and shall not be issued until the Board of Zoning and Building Appeals has approved the change in accordance with the provisions of Chapter 1286, Nonconforming Uses, Lots, and Structures.
(b) An application for Certificate of Zoning Compliance shall include, in addition to the plans required for the Zoning Certificate, accurate information as to the size, location, drawings and description of the lot, the dimensions of yards, setbacks, and the use of land.
(c) The use and/or development of a building or land shall be inspected by the Zoning Administrator upon application for a Certificate of Zoning Compliance, by the owner or his agent, to determine whether such use conforms to all provisions of this Zoning Code, or if it is a lawfully existing nonconforming use.
(d) Action by Zoning Administrator. The Zoning Administrator shall evaluate the application and approve or deny it within fourteen (14) days from the date the completed application was submitted. In evaluating the application, the Zoning Administrator may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Zoning Code. Following the Zoning Administrator review:
(1) Approve. The Zoning Administrator shall issue a Certificate Zoning of Compliance upon finding that the building, structure or use, as proposed, complies with the provisions of this Zoning Code, if the performance guarantees have been provided, as applicable.
(2) Denial. If it is determined by the Zoning Administrator that the proposed building, structure or use would violate one (1) or more provisions of this Zoning Code, then the Certificate of Zoning Compliance shall not be issued. Upon disapproval of any application, the Zoning Administrator shall notify the applicant in writing of the reasons for disapproval.
(3) Temporary Certificate of Zoning Compliance. When unforeseen events prevent the timely completion of a building, site improvements, or a structure pursuant to the requirements of the Planning Commission and this Code, the Zoning Administrator may issue a Temporary Certificate of Zoning Compliance for a period not to exceed sixty (60) days upon the following conditions:
A. The Zoning Administrator shall first inspect the building or structure and document the items that remain unfinished;
B. The Zoning Administrator shall estimate the cost of completion;
C. The owner of the building or structure and the owner of the real property shall post a cash, surety bond, or other performance guarantee with the City of Fairlawn in an amount equal to the estimate plus ten percent (10%) but not less than fifty thousand dollars ($50,000.00);
D. The owner of the building or structure and owner of the real property shall sign an agreement with the City of Fairlawn agreeing to forfeit the cash, surety bond, or other performance guarantee to the City if the documented items remain unfinished at the conclusion of the agreed time period and to pay a fine of one hundred dollars ($100.00) per day for each day the documented items remain unfinished beyond the agreed upon time period and such other conditions the Zoning Administrator believes to be in the best interest of the City;
E. The City of Fairlawn Finance Director shall certify any portion of the fine that remains unpaid, including interest, to the County of Summit Fiscal Office to be entered onto the tax duplicate of the county as a special assessment against the real estate at issue.
(e) Certification. The Certificate of Zoning Compliance shall document that the building, site and/or proposed use of land or building conforms to the provisions of this Zoning Code.
(f) Records. A record of all applications and certificates issued shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. 2010-059. Passed 3-7-11.)