(1) Purpose. A certificate of use and compliance shall be required for multi-family uses and nonresidential uses to ensure that new construction and changes in tenants or uses comply with the provisions of this Code.
(2) Initiation. Pursuant to § 157.047(1), any person having authority to file applications may initiate an application for a certificate of use and compliance.
(3) Applicability.
(A) No person shall use, occupy or permit the use or occupancy of a multi-family or nonresidential building or lot, or part thereof, until the Zoning Division issues a certificate of use and compliance stating that the proposed use of the building, land or part thereof conforms to the requirements of this Code. A certificate of use and compliance shall also state, where applicable, that new construction complies with the plans approved as part of the zoning permit procedure and approval.
(B) A certificate of use and compliance shall be obtained from the Zoning Division for any of the following:
1.) Use and occupancy of a multi-family or nonresidential use building hereafter erected or structurally altered unless exempted in division (4) of this section;
2.) Use of vacant land or change in use of land;
3.) Any change in the use of a nonconforming use;
4.) Any change of tenants in a nonresidential building, portion of a nonresidential building and/or tenant space; and
5.) Any change in the ownership of any multi-family dwelling or nonresidential building.
(4) Exemptions. The following uses shall be exempt from the requirement of a certificate of use and compliance:
(A) Single-family dwellings;
(B) Multi-family dwellings with no more than two units;
(C) Accessory uses; or
(D) Temporary uses.
(5) Procedure. The review procedure for a certificate of use and compliance shall be as follows.
(A) Step 1 - application. The applicant shall submit an application and all required documents to the Zoning Division for a certificate of use and compliance.
(B) Step 2 - Zoning Division review and decision.
1.) Within ten days of the application for a certificate of use and compliance, the Zoning Division shall schedule an inspection, where necessary, or review the application and approve or deny the application based on the provisions of this Code.
2.) In cases where the Zoning Division denies an application, it shall provide the applicant with written findings for the denial.
(6) Approval criteria. In order to approve a certificate of use and compliance, the Zoning Division shall determine the following:
(A) That the use and structure comply with the zoning permit as issued and any applicable development approvals or conditions;
(B) That the use complies with all applicable provisions of this Code;
(C) That the use, structure or tenant has gained all other necessary approvals prior to the issuance of the certificate of use and compliance; and
(D) That applicable review agencies have no objections that cannot be resolved by the applicant.
(7) Approvals outside of the certificate of use and compliance required.
(A) The following approvals and/or certificates shall be required prior to the issuance of a certificate of use and compliance:
1.) All required municipal, county, state and federal approvals and/or certificates must be obtained for the proposed use, including any necessary fire inspection(s) by the Green Fire Division; and
2.) Any necessary approvals, permits or certificates from county offices, including the Building Department, the County Health Department (including any required septic approvals), the County Department of Environmental Services (for sanitary sewer approval), the Ohio Environmental Protection Agency (OEPA) and the Federal Army Corps of Engineers.
(B) Written documentation of these approvals and/or certificates must be submitted to the Zoning Division prior to the issuance of the city’s certificate of use and compliance.
(Prior Code, § 1224.13) (Ord. 2009-21, passed 10-27-2009)