A. Purpose. A zoning permit shall be required for the construction or development of any new use within the planning and regulation jurisdiction of the City of Marion. In addition to new uses a zoning permit shall also be required for expansions of existing uses, as well as for changes of use.
B. Pre-application procedure. No pre-application conference is required prior to applying for a zoning compliance permit. Applicants are encouraged to call or visit the planning and development department prior to requesting a zoning permit to determine what information is required for the application.
C. Application submittal.
1. Filing of application. An application for a zoning compliance permit may be filed by the owner of the property or by an agent, specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application.
2. Information required. Each application for a zoning compliance permit shall contain the information required on the application form, including a site plan showing the dimensions of the proposed use and its location on the property or site. Other information necessary to show that the use or structure complies with the standards set forth in this chapter shall also be provided.
3. Annual zoning permits. An annual zoning compliance permit is required for certain land uses including mobile food vendors, off-premise advertising signs, and other temporary uses and structures as defined within the UDO. Annual zoning permits must be renewed each year before the expiration date and in accordance with the terms of the UDO. Failure to timely renew the annual zoning permit will result in an expiration of that permit, and can result in a voluntary forfeiture of all legal rights and claims to continue that use.
4. Staff review. The planning and development director or their designee shall review the application and determine whether it is complete within five working days of its submittal. If the application is found to be incomplete, the planning and development director shall notify the applicant of any deficiencies. No further steps shall be taken to process the application until the applicant corrects the deficiencies. The planning and development director shall issue a zoning compliance permit only upon finding that the proposed use or structure satisfies the requirements set forth in the UDO.
5. Public notification. No public notification is required for zoning compliance permit application.
6. Formal review. No formal review of zoning permit application is required. Requests shall be reviewed by appropriate city staff to assure compliance with all applicable regulations and requirements.
7. Variance. Requests for variances from the requirements requiring a zoning compliance permit shall be heard by the board of adjustment under the procedures established in Sec. 3-7.2.
8. Administrative Appeal. An appeal of a decision of the planning and development director shall be heard by the board of adjustment under the procedures established by Sec. 3-7.2.
9. Permit validity. Upon the approval of a zoning permit, the applicant shall have one year to obtain the required building permit(s). Failure to commence building permits within this time shall render the zoning permit void. The planning and development director may grant a single extension of this time period of up to six months upon submittal by the applicant of sufficient justification for the extension. Upon issuance of a building permit(s), the zoning permit shall remain valid as long as a valid building permit exists for the project. Any unapproved change in the approved plans shall render the zoning permit invalid.
10. Violations. Violations of the conditions of the zoning compliance permit shall be considered a violation of the UDO and shall be subject to the enforcement and penalty provisions set forth in Chapter One of the Marion Code of Ordinances.
(Ord. No. O-23-07-18-4, § 4, 7-18-23)