(a) Purpose. A certificate of zoning compliance shall be required in accordance with the provisions of this section in order to ensure that proposed development complies with the standards of this code, and to otherwise protect the public health, safety, and general welfare of the citizens of the City.
(b) Applicability.
(1) No land shall be used and no permits for excavation or construction shall be issued by the Chief Building Official, other than alterations or remodeling not affecting the size, character or use of a structure, until a plan showing such intended use and construction of structures or alterations thereof has been submitted to the Development Code Administrator for their review, and a certificate of zoning compliance issued. Such certificate shall show that the proposed building or premises, or parts thereof, and the proposed use thereof, are in conformance with all provisions of this code.
(2) A change in tenancy or ownership of a residential dwelling unit shall be exempt from the certificate of zoning compliance requirement.
(3) A certificate of zoning compliance shall be required for the establishment of any temporary or accessory use as established in Chapter 1206: Accessory and Temporary Use Regulations.
(4) Unless otherwise exempted in Chapter 1220: Signage, signs shall require a certificate of zoning compliance.
(5) Certificates of zoning compliance shall be issued only in conformity with the provisions of this code unless the Development Code Administrator receives a written order from the BZA or Planning Commission providing for conditions or modifications of such compliance as may be permitted by this section and this code.
(6) Failure to obtain a certificate of zoning compliance shall be a violation of this code subject to the provisions of Chapter 1228: Enforcement and Penalties.
(7) The Development Code Administrator shall have the authority to develop separate application forms and permits or certificates for special purposes that are reviewed in the same manner as the certificate of zoning compliance. These special permits or certificates may include, but are not limited to, sign permits, temporary use permits, fence permits, etc. For the purposes of this code, such permits shall be considered a certificate of zoning compliance.
(c) Certificate of zoning compliance review procedure. The review procedure for a certificate of zoning compliance shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with § 1226.02 and with the provisions of this section.
(2) Step 2 - Development Code Administrator review and decision.
A. The Development Code Administrator may distribute the application to other staff members and other City departments to solicit comment on the certificate of zoning compliance application.
B. Within seven days after the application is determined to be complete, the Development Code Administrator shall make a decision on the application. In making its decision, the Development Code Administrator may approve or deny the application.
C. Prior to finalizing approval of the application, the Development Code Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance. The application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Development Code Administrator.
(d) Review criteria. In order to approve any certificate of zoning compliance, the Development Code Administrator shall determine the following:
(1) The application complies with all applicable provisions of this code and the applicable zoning district;
(2) The application complies with all other applicable codes in the Middletown Code of Ordinances including, but not limited to, Chapter 1026 (Traffic Impact Study, Access Management, and Curb Cut Regulations); and
(3) The application complies with all approved plans, conditions, or other development approvals.
(e) Occupancy and use of property or building.
(1) No person shall use or occupy, or permit the use or occupancy of any building or premises or part thereof, hereafter created, erected, changed, converted or enlarged wholly or in part, in its use or structure until a certificate of occupancy has been issued by the Chief Building Official. Such certificate shall only be issued after the final construction inspection has been conducted and all water, sanitary, electrical and/or heating systems are determined by the Chief Building Official to be operable. A copy of the certificate of occupancy shall be forwarded to the Development Code Administrator upon issuance to the applicant.
(2) A temporary certificate of occupancy may be issued by the Chief Building Official for a period not exceeding 12 months during alterations, for partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. In no case shall such a temporary certificate be issued for a new structure.
(f) Time limit.
(1) All certificates of zoning compliance shall expire six months from the date of issuance, unless otherwise stated.
(2) The applicant shall obtain an approved building permit within one year of the date the certificate of zoning compliance was approved or the approval shall be revoked. The date of approval shall be the date the Development Code Administrator provides a signed copy of the permit to the applicant.
(3) Time limits for permitted temporary uses and structures shall be as authorized in § 1206.02. An approval of a certificate of zoning compliance for a temporary use shall include the approved start and end dates for the proposed temporary use.
(4) Upon written request, up to two extensions of six months may be granted by the Development Code Administrator if the applicant can show good cause for a delay.
(5) If a certificate of zoning compliance expires, a new application, including all applicable fees, shall be required before a new certificate of zoning compliance application will be reviewed.
(6) The above time limits shall not apply if alternative time limits that have been approved by the Development Code Administrator or Planning Commission in accordance with the applicable review procedure.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Development Code Administrator shall have the right to appeal the decision to the BZA as established in § 1226.13.
(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2018-44, passed 8-7-2018)