All persons not meeting the requirements of § 1135.04 and who build upon any land or who locate, construct, reconstruct, erect, enlarge or alter any building or structure, including signs, shall first obtain a zoning certificate before commencing construction, reconstruction, location, erection or alteration. The procedure for obtaining the certificate shall be as follows.
(a) The applicant shall apply for a zoning certificate by submitting to the Planning Commission application fees and 20 copies of a site plan and supporting drawings, drawn to scale on a maximum 24-inch by 36-inch sheet and sealed by a licensed engineer or surveyor, which site plan shall contain the following information:
(1) The dimensions of the proposed development. If different uses are to be located in a building or lot, the location and dimensions of each use;
(2) A landscape plan, including all landscaping features of the proposed development, including the placement of trees, flowers, shrubs and grass, in conformance of the requirements of the Landscape Code;
(3) The location and dimensions of all signs proposed to be located on the proposed development;
(4) The location and dimensions of all parking and loading facilities, access drives and curb cuts;
(5) A concise statement signed by the applicant, or in the case of a corporation, partnership, association or other business entity, a statement sworn to by its authorized agent, attesting that, in the event a zoning certificate is issued for the proposed development, no other reductions, revisions or modifications of the plan shall be made without the express approval of the Planning Commission or in the case of replacement of sign lettering and minor capital improvements, without the approval of the Zoning Administrator;
(6) Plans, representing with exactitude all building, engineering, traffic and architectural features of the proposed development and a traffic impact study if determined necessary by the City Engineer;
(7) Plans, representing with exactitude the placement of all utilities upon the premises of the proposed development;
(8) Water management sediment control plan and stormwater management plan according to the current edition of the Mason Stormwater Manual, if required;
(9) Proposed methods of water supply and disposal of sanitary wastes;
(10) Existing topography and proposed grading plan;
(11) Zoning of adjacent property;
(12) Structures outside of but within 200 feet of the property boundary; and
(13) Any other drawings or information specifically required for a particular use under any section of this Zoning Ordinance.
(b) After the City Engineer or his or her agent has received the site plan, he or she or his or her agent shall determine whether the applicant meets the requirements in division (a) hereof, and determine within 12 days of submission whether or not the site plan is complete and contains the information as set forth in division (a) above. If incomplete, the City Engineer or his or her agent shall advise the applicant of any additional information or plans necessary or required. The advice shall toll any time limitations until the time as the applicant submits the required information or plans. However, a failure to submit the information or plans within 30 days of advice shall constitute a withdrawal of the certificate application, requiring reapplication. After determining that the site plan is complete, the City Engineer or his or her agent shall review the site plans to determine conformance with this Zoning Ordinance and thence deliver the plan, along with his or her notations and recommendations, to the Planning Commission within 20 days of determining the completeness of the site plans.
(c) The applicant shall then receive notification from the Planning Commission of the time and place set for review of the site plan by the Planning Commission, and shall appear promptly at the stated time and place, and shall bring with him or her any other information or witnesses as are requested by the Planning Commission, or which the applicant deems to be helpful to a speedy and thorough review of the site plan. The applicant, his or her agents or any witnesses called by him or her may be heard at the review.
(d) The Planning Commission shall review the recommendations and notations of the City Engineer and evaluate whether or not the uses and buildings and structures to be constructed, reconstructed, erected, located or altered as illustrated in the site plan comply with the requirements of this Zoning Ordinance and related city ordinances. If other standards or criteria are required by this Zoning Ordinance to be evaluated for a specific use or building, the evaluation thereon shall also be made. The Planning Commission shall, at one of the next two regularly scheduled meetings after receipt of the site plan from the City Engineer:
(1) Determine that additional information or plans are reasonably necessary to make a determination;
(2) Approve the site plan, approve the site plan with modifications, or approve the site plan contingent upon the approval of certain variance or variances for items not in conformance with this Zoning Ordinance; or
(3) Disapprove the site plan.
(e) If the determination in division (d)(1) hereof is made, the time limitation on review by the Planning Commission is tolled until the meeting next following ten days after receipt of the additional information. If the applicant fails to provide the information within 30 days or obtains an extension from the City Engineer, the site plan shall be deemed withdrawn. Upon obtaining the information, the Planning Commission shall proceed to evaluate and make a determination under division (d) hereof.
(f) The determination made under division (d)(2) or (d)(3) hereof, being an approval or disapproval of a site plan, respectively, shall be endorsed on the plans. The endorsement may be evidenced upon the plan by rubber stamp or similar device. An endorsement of disapproval shall be a denial by the Planning Commission of the zoning certificate. However, if the endorsement on the site plan sets forth a variance or variances that if granted would make the plans conforming, and if within 90 days the applicant submits to the Zoning Administrator satisfactory evidence that the variance or variances, and only the variance or variances set forth in the endorsement on the plan, have been granted by the Zoning Board of Appeals, the endorsement with accompanying evidence shall then constitute endorsement of approval for purposes of divisions (g) and (h) hereof.
(g) Upon receipt of site plans which show an endorsement of approval by the Planning Commission, the Zoning Administrator shall place a zoning certificate on the site plan. The placement may be made by rubber stamp or similar device upon the site plan.
(h) The applicant, upon receipt of a letter of disapproval, shall have a right of appeal to the Zoning Board of Appeals afforded by the City Charter. Where the appeal is available only the determination of the Zoning Board of Appeals shall constitute a final order, adjudication or decision by the city.
(i) Failure to apply and secure building permits under the applicable building code of the city within 180 days of the date appearing on the endorsement of the Planning Commission on the site plan, or, if the Planning Commission approves a schedule for securing building permits, failure to comply with that schedule shall be deemed a revocation of the approval of the Planning Commission of the plan, and the zoning certificate shall be deemed denied.
(Ord. 98-104, passed 9-14-1998)