(1) 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.
(2) Applicability. No land shall be used nor shall any building or structure be used, established, constructed, enlarged, moved or modified, without first obtaining a zoning permit. Zoning permits shall be issued only in conformity with the provisions of this Code, unless the Zoning Division receives a written order from the BZA deciding an appeal or variance, or approval from the PZC for a conditional use permit, site plan, or planned development as provided in this Code or approval of the Planning Director.
(3) Exemptions. Buildings having a foundation area of 30 square feet or less, excepting outdoor toilets and roadside stands, shall be exempted from permit requirements. Such accessory buildings, however, are subject to all other zoning regulations.
(4) Initiation. Pursuant to § 157.047(1), any person having authority to file applications may initiate an application for a zoning permit.
(5) Procedure. The review procedure for a zoning permit shall be as follows.
(A) Step 1 - application.
2.) The applicant shall not begin construction until a zoning permit has been issued and setbacks approved in the field.
(B) Step 2 - Zoning Division review and decision on a zoning permit.
1.) Within ten days of the determination that the application is complete, the Zoning Division shall approve or deny the application based on the provisions of this Code.
2.) When the Zoning Division denies a zoning permit, it shall provide written findings for the denial of the zoning permit application.
(6) Approval criteria. In order to approve a zoning permit, the Zoning Division shall consider the following:
(A) The application complies with all applicable provisions of this Code and the applicable zoning district; and
(B) The application complies with all approved site plans or other development approvals.
(7) Time limit.
(A) Zoning permits shall be effective for 12 months and shall not be invalidated by a change in zoning during that period.
(B) A permit shall expire at the end of 12 months, unless the footer or other base for the structure has been completed in compliance with the plans presented as part of the zoning permit application.
(C) If, after the footer or base has been completed, construction has been stopped for more than six months, the permit shall become invalid and a new permit shall be required before construction can proceed.
(D) Temporary use permits shall include an expiration date for the approved use.
(E) Zoning permits and temporary use permits may be renewed or extended by the Zoning Division if just cause is shown.
(8) Temporary use permits.
(A) Applications for temporary use permits shall follow the same review procedure outlined in division (5) of this section, but shall be submitted at least seven days before the start of such temporary use.
(B) An application for a temporary use permit shall be made to the Zoning Division and shall contain a graphic description of the property to be used, a description of the proposed use, and a site plan, with sufficient information to determine the setbacks, parking and sanitary facility requirements for the proposed temporary use, and any other information required to process the permit.
(Prior Code, § 1224.12) (Ord. 2009-21, passed 10-27-2009)