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§ 1135.05 FORMAL PLANNING COMMISSION APPROVAL PROCEDURES.
   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)
§ 1135.06 CERTIFICATES OF OCCUPANCY.
   (a)   Required. No owner, lessee or tenant shall use or occupy any land or improvements thereon without having obtained a certificate of occupancy as required by this section. For any property use, alteration or development which will include improvements such as street, sidewalk, utilities and similar types of improvements, whether public or private, a certificate of occupancy shall not be issued unless the construction of these improvements is substantially complete, or if the improvements are not substantially complete, without posting a performance bond in an amount and form which is acceptable to the City Engineer. For improvements which are to be public and dedicated to the city, a maintenance bond shall also be submitted to insure repairs for at least a period of one year after the performance bond is released. The maintenance bond shall be in the amount designated by the city.
   (b)   Certificate of occupancy of land. A certificate of occupancy for the use of vacant land, or change in the use of land as herein provided, shall be applied for before any land shall be occupied or used, and a certificate of occupancy shall be issued within ten days after the application has been made therefor, provided the use is in conformity with the provisions of this Zoning Ordinance.
   (c)   Certificate of occupancy of a building.
      (1)   A certificate of occupancy of a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and the certificate shall be issued within five days after the request for same has been made in writing to the Zoning Administrator after the erection or alteration of such, or part thereof, has been completed in conformity with the provisions of this Zoning Ordinance.
      (2)   Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued for a period not exceeding six months during the completion of the alterations or during partial occupancy of a building pending its completion. The temporary certificate shall not be construed as in any way altering the respective right, duties or obligations of the owners or of the city, relating to the use or occupancy of the premises or any other matter covered by this Zoning Ordinance, and the temporary certificate shall not be issued except under the restrictions and provisions as will adequately ensure the safety of the occupants.
   (d)   Contents of certificate of occupancy. The certificate of occupancy shall state that the building or proposed use of a building or land, complies with all the requirements stipulated by the Zoning Board of Appeals, and with the provisions of this Zoning Ordinance. A record of all certificates shall be kept on file in the office of the Zoning Administrator.
(Ord. 98-104, passed 9-14-1998)
Cross-reference:
   Fee schedule, see § 205.01
§ 1135.07 VIOLATIONS AND REMEDIES.
   In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Zoning Ordinance or any amendment or supplement thereto, Council, the Law Director, the Zoning Administrator of the city, or any adjacent or neighboring property owner who would be specially damaged by the violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent the unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use to restrain, correct or abate the violation; to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.
(Ord. 98-104, passed 9-14-1998)
Cross-reference:
   Fee schedule, see § 205.01
§ 1135.08 COMPLIANCE.
   No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this Zoning Ordinance, or any amendment or supplement thereto adopted by Council.
(Ord. 98-104, passed 9-14-1998)
§ 1135.09 ORDER TO COMPLY.
   The Zoning Administrator or his or her authorized agents may order in writing the remedying of a condition found in violation of this chapter within a reasonable time, or immediately in the case of imminent danger to life and property, or if the order requires a cessation of use, the order may include an order to vacate the premises or to remove any building or structure as a sole exception or alternative method of remedying the condition. The order shall be served upon the applicant for the zoning certificate, his or her agent, a person performing work on the premises, or the occupant of the building or portion thereof personally, or by certified mail, or by posting a copy of same at a conspicuous place on the premises.
(Ord. 98-104, passed 9-14-1998)
§ 1135.10 ENFORCEMENT METHOD NONEXCLUSIVE.
   Enforcement by issuance of any order is not an exclusive method of enforcement and shall not be construed as a condition precedent to or a waiver of:
   (a)   Citation, summons, arrest, prosecution or sentencing for any violation or violations of this chapter, including violations for which proof of the condition to be remedied by the order constitutes an element or a portion of an element of an offense;
   (b)   Civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions;
   (c)   Refusal of occupancy permit for the premises on which the condition exists; and
   (d)   Any enforcement procedure or measure available to the city under this chapter, other ordinances of the city or state laws.
(Ord. 98-104, passed 9-14-1998)
§ 1135.99 PENALTY.
   (a)   Any person, firm or corporation, violating any of the provisions of this Zoning Ordinance or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fine shall be as set by ordinance from time to time. Each and every day during which the illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues beyond the expiration of the time designated in a written notice given by the Zoning Administrator, shall be deemed a separate offense.
   (b)   Any person, firm or corporation failing to comply with a lawful order of the Zoning Administrator shall be deemed guilty of a minor misdemeanor and, upon conviction thereof, shall be fined as set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fine shall be as set by ordinance from time to time.
(Ord. 98-104, passed 9-14-1998)