(a) Zoning Enforcement.
(1) Zoning Enforcement. The Community Development Department enforces this Code.
(2) Maintenance of Records.
A. General Records. Permanent records of all applications, fees, bonds, certificates, permits, plans, meetings, notices, hearings, special studies, amendments, and other actions conducted in the administration and enforcement of this Code must be maintained by the Community Development Department in accordance with the City of Kent's Records Retention Schedule.
B. Reports. The Community Development Department must make monthly reports to the City Manager and Council regarding activities related to the enforcement and administration of this Code.
C. Nonconforming Uses. A record of nonconforming uses, as prescribed in Chapter 1110 must be maintained by the Community Development Department.
D. Zoning Code and Text Amendments. An original or master copy of the Code must be retained by the Community Development Department, maintained current with amendments, and must be available to the public. All revisions or amendments must be incorporated into the original master text within a period of two (2) weeks from the effective date of the revision or amendment. Copies of each revision or amendment must be retained.
E. Zoning Map and District Amendments. The original or master of the Zoning Map must be retained by the Community Development Department, maintained current with amendments, and must be available to the public. All revisions or amendments must be incorporated on the master map within a period of two (2) weeks from the effective date of the revision or amendment.
(3) Amendments. The Planning Commission, Board of Zoning Appeals, and Architectural Review Board may recommend changes to this Code. Such changes must be made in accordance with Chapter 1112 of this Code.
(4) Conflict of Interest. Any member believing that he/she may have a conflict of interest should disclose this concern to City's Law Department. Once the conflict is identified and prior to the beginning of the discussion of any application or request before the Planning Commission, Board of Zoning Appeals, or Architectural Review Board, any member whose participation would constitute a conflict of interest must disclose the nature of the conflict, join the audience and/or remove himself/herself from the room during this presentation, and recuse himself/herself from any presentation, discussion and subsequent vote on the application.
(b) Public Hearings.
(1) General Public Hearing Procedures. The following procedures are applicable to all public hearings except Zoning Code text amendments, which are described in Section 1111.01
(b) (2).
A. Publication in a Newspaper of General Circulation. Notice of the request must be published in a newspaper of general circulation not less than fifteen (15) days before the date the application will be considered for approval.
B. Personal and Mailed Notice.
Notice must be sent by mail or personal delivery to all property owners within 200 feet of the subject property, regardless of municipal jurisdiction. See Figure 34. Public Hearing Notice.
All notices delivered by mail or personal delivery must be given at least fifteen (15) days before the date of the public hearing. Notice will be deemed given when personally delivered or when deposited during normal business hours for delivery with the U.S. Postal Service or other public or private delivery service. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.
The City may prepare a list of property owners and occupants to whom notice is mailed.
C. Content. Any notice published in a newspaper and/or delivered by mail must:
• Describe the nature of the request.
Indicate the property that is the subject of the request.
Include a listing of all existing street addresses within the property. If no such addresses exist, other means of identifying the property may be used.
When and where the public hearing will occur.
When and where written comments may be submitted concerning the request.
D. Sign. The Community Development Department must post a sign advertising the proposed project and the date and time of the initial Public Hearing. The sign must be posted at the site not less than seven (7) days prior to the date of the public hearing.
(2) Procedures for Zoning Code Amendment Public Hearings. Public hearings for Zoning Code amendments will be noticed as follows:
A. Publication in a Newspaper of General Circulation. Notice of the request will be published in a newspaper of general circulation not less than 15 days before the date the application will be considered for approval.
B. Content. Any notice published in a newspaper and/or delivered by mail must:
Describe the nature of the request;
When and where the public hearing will occur; and
When and where written comments may be submitted concerning the request.
C. Notice to Other Entities. Notice of the time and place of the public hearing will also be given by mail to any of the following entities that have registered their name with the City Clerk for the purposes of receiving public notice: any electric, gas, or pipeline public utility company; each telecommunication service provider; each railroad operating within the district or zone affected; and the airport manager of each airport.
D. Additional Information Required in Notice. Any notice required under this section will include the place and time at which the proposed text amendment may be examined.
(c) Zoning Permits.
(1) Zoning Permit Required. A Zoning Permit is required under the following circumstances:
A. Construction or Structural Alteration. The construction or structural alteration of any building or accessory building constructed upon a permanent foundation.
B. Criteria Applicable to a Change in Use. The change in use of any structure, building, or parcel of land. For the purpose of this Code, the term "change in use" is identified in the following manner:
• General. Specifically, a Change in Use/Change of Use is determined by the following criteria:
• The change involves a substantial change from one principal use category to another;
• If the original use changes to such an extent that the parking requirements for the overall use are altered;
• A mere change in the status of property from unoccupied to occupied, or vice versa does not constitute a change in use. Whether a change in use occurs is determined by comparing the previous and proposed uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than one (1) year or has been abandoned;
• A change in the number of household units occupying a dwelling unit is a change in use.
Criteria Applicable to a Change in Residential Uses. For the purpose of this Section, the residential use categories are as follows: A) Single-family dwelling; B) Two family dwelling; C) Multifamily dwelling; or D) Apartment dwelling; or E) Rooming or Boarding House. A "change in use" status exists when a residential structure(s) is converted from one use category to another. Such a conversion must be made in conformance with all applicable Sections of this Code prior to the issuance of a Zoning Permit.
Criteria Applicable to a Change in Commercial, Industrial, and other Non-Residential Uses. In this category, a "change in use" status exists when the previous or existing use of a structure, building, or portion thereof is or has ceased and the new or converted use is not the same as that previous or existing use. Such conversions must be made in conformance with all applicable Sections of this Code prior to the issuance of a zoning permit.
• A mere change in ownership of a business or enterprise or a change in the name are not regarded as a change in use;
• If a parcel contains only one business or enterprise (regardless of whether that business or enterprise consists of one individual principal use or a mixed use), and that business or enterprise is replaced by a business or enterprise that may be classified under the same principal use or mixed-use category as the previous business or enterprise, the change does not qualify as a change of use);
C. Signs. The erection or enlargement of signage as regulated by Chapter 1109 of this Code.
D. Other Purposes. For any other purpose in which the issuance of a zoning permit is mandated by this Code.
(2) Application for Zoning Permit. Applications for zoning permits regarding signs must be accompanied by data as required by the Community Development Department. All applications for zoning permits must be submitted to the Zoning Inspector, must be completed in full, and must be accompanied by the payment of the appropriate fee as identified in Section 1212.01
of the Kent Codified Ordinances (KCO), as amended. In addition, the applicant must also submit a plan or drawing that includes the following information:
A. Identification of all construction to take place;
B. The location of the existing and proposed structures and appurtenances;
C. All lot dimensions, setback distances, locations of any and all adjacent and nearby public or private streets;
D. Any additional information required by the Community Development Department.
(3) Issuance of Zoning Permit. The issuance of zoning permits is subject to the following provisions:
A. Issuance. Within thirty (30) days of the receipt of application and payment of fees as required in Section 1212.01 of the Kent Codified Ordinances, as amended, the Zoning Inspector must issue a zoning permit if the application complies with the requirements of this Code. Otherwise, he/she must give written notice, stating the reasons for denial.
B. Variances. Upon approval of a zoning variance, as regulated in Section 1111.03(d) of this Code, the Zoning Inspector must issue a zoning permit. The applicant must submit an application for a zoning permit along with the required fee as set forth in Section 1212.01 of the Kent Codified Ordinances (KCO), as amended, prior to the issuance of the permit.
C. Conditional Zoning Certificate. Upon approval of a conditional zoning certificate as regulated in this Section of this Code, the Zoning Inspector must issue a zoning permit. The applicant must submit an application for a zoning permit, along with the required fee as set forth in Section 1212.01 of the Kent Codified Ordinances (KCO), as amended, prior to the issuance of the Permit. Any conditions set forth by the Planning Commission in its Certificate of Approval must be completely satisfied prior to the issuance of the permit, unless otherwise specified.
D. Site Plan Approval. Upon approval of a Site Plan as regulated in Section 1111.02
(d) of this Code, the Zoning Inspector must issue a zoning permit. The applicant must submit an application for a zoning permit, along with the required fee as set forth in Section 1212.01
of the Kent Codified Ordinances (KCO), as amended, prior to the issuance of the permit. Any conditions set forth by the Planning Commission in its Certificate of Approval must be completely satisfied prior to the issuance of the permit, unless otherwise specified.
(4) Zoning Permit Expiration. The Zoning Permit becomes void at the expiration of two (2) years after the date of issuance, unless construction has begun. If no construction is started within two (2) years of the date of the Permit, a new permit is required and reapplication must be made.
(5) Performance Bond or Other Financial Guarantee. In all cases where this Code requires a performance bond or other financial guarantee, such bond or guarantee must be placed with the City and must be returned to the applicant only if a Certificate of Occupancy is issued to the applicant.
(6) Fees and Bond Deposits. All fees, bond forfeitures, and all fines must be deposited in the General Fund. The Finance Director is hereby authorized to accept such funds and to deposit same, and he/she is hereby authorized to draw his/her warrants upon such fund in payment of such costs incurred.
(7) Certificate of Occupancy. A Certificate of Occupancy is required from the Chief Building Official prior to the occupancy of a premise or structure, including changes in use of land and structures that are erected, altered, extended, or changed in use.
(8) Payment of Fees. The fees for zoning permits are enumerated in Section 1212.01
of the Kent Codified Ordinances (KCO), as amended. These fees must be collected at the time of application and/or zoning permit issuance.
(9) Parks and Recreation Fee. The impact fees related to Parks and Recreation Department which are invoked at the time of Subdivision or development are outlined in Chapter 1191 of the Kent Codified Ordinances, as amended. These fees must be paid in the manner prescribed in Chapter 1191, as amended.
(d) Zoning Use Certificate. The following provisions apply to the issuance of Zoning Use Certificates:
(1) Zoning Use Certificate Required Prior to Sale or Transfer of Real Property. Every owner of real property located entirely or in part in the City, prior to entering into a contract for the sale or transfer of such realty, must tender to the prospective buyer a copy of a Zoning Use Certificate issued by the Community Development Department within six (6) months prior to the execution of the contract of sale. The buyer must give the seller a receipt for the certificate. The certificate is not required in a sale or transfer by one governmental agency to another.
(2) Property Representative Responsibility. When a property representative has been established in connection with the sale of such real property, the property representative must not transfer title or distribute funds until an acknowledgment from the buyer of the receipt of a copy of the Zoning Use Certificate is submitted to the Community Development Department.
(3) Zoning Use Certificate Information. The Zoning Use Certificate must be in such manner and form as may be adopted by the Community Development Department and must at a minimum include the following:
A. The address of the premises;
B. Designation of the zoning district the premises are located in;
C. The present permitted and/or conditionally permitted uses of such premises.
(4) Expiration of Zoning Use Certificate. The Zoning Use Certificate is valid for a period of six (6) months from the date of issuance. A Zoning Use Certificate is not a warranty or guarantee that the premises are lawfully used, nor is the City held responsible for any errors or omissions in the Zoning Use Certificate.
(5) Request for Zoning Use Certificate. A Zoning Use Certificate may be requested in writing, in person, by telephone, or by an acceptable electronic means from the Community Development Department. The requestor will be provided a certificate in person, by mail, or by an acceptable electronic means without charge or fee.
(6) Violations and Fines. Any property representative violating any provision of this Section is in violation of this Code, and is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
, as amended.
(7) Community Development Department Monitor of Land Transfers. The Community Development Department must monitor the land transfers within the City of Kent that are filed with the Portage County Recorder's Office. Should a transfer be filed, for which no zoning use certificate was issued, the Community Development Department may send a zoning use certificate to the new owner within forty-five (45) days of discovery of the transfer. The Community Development Department reserves the right to issue a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
. (Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22.)