(a) Applicability.
(1) A certificate of use compliance shall be required for all of the following:
A. Occupancy of a Building. A Certificate of Use 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 requirements may be occupied. A Certificate of Use 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 by the Chief Building Official, to conform to the provisions of this Planning and Zoning Code and any other applicable Village regulations, policies, and specifications.
B. Occupancy of Land. A Certificate of Use 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 use compliance shall be issued when it is determined upon inspection that the use conforms to the provisions of this Planning and Zoning Code.
C. Change in Use of Non-Conforming Building or Use. A Certificate of Use Compliance shall be required whenever a nonconforming building, structure, or land is changed to another nonconforming use, and shall not be issued until the Planning Commission has approved the change in accordance with the provisions of Chapter 1151, Nonconforming Uses, Lots, and Structures.
(2) A Certificate of Use Compliance shall not be required for occupancy of a new residential use or change in occupancy of a residential dwelling unit.
(b) Application. The applicant shall submit an application for a Certificate of Use Compliance after completion of construction or prior to occupancy of a building or structure. Such application shall include:
(1) The Certificate of Use Compliance application and applicable forms available from the Village offices;
(2) All such forms, maps, and information as may be prescribed for that purpose by the Chief Building Official to assure the fullest practicable presentation of the facts for the permanent record;
(3) A certificate from the Cuyahoga County Health Department indicating compliance with all the requirements of said department, as applicable; and
(4) All required fees as established in the Glenwillow fee schedule.
(c) The use and/or development of a building or land shall be inspected by the Chief Building Official upon application for a Certificate of Use Compliance, by the owner or his agent, to determine whether such use conforms to all provisions of this Zoning Code and the approved development plan as applicable, or if it is a lawfully existing nonconforming use.
(d) Action by Chief Building Official. The Chief Building Official shall evaluate the application and approve or deny it within fifteen (15) days from the date the completed application was submitted. In evaluating the application, the Chief Building Official 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 Chief Building Official's review, the Chief Building Official shall:
(1) Approve. The Chief Building Official shall issue a Certificate of Use Compliance upon finding that the building, structure or use, as proposed, complies with the provisions of this Planning and Zoning Code and any specific conditions of the zoning certificate and that the maintenance and performance guarantees have been provided, as applicable.
(2) Denial. If it is determined by the Chief Building Official that the proposed building, structure or use would violate one or more provisions of this Planning and Zoning Code, then the Certificate of Use Compliance shall not be issued. Upon disapproval of any application, the Chief Building Official shall notify the applicant in writing of the reasons for disapproval.
(Ord. 2016-07-24. Passed 8-3-16.)