Section
150.1201 Purpose
150.1202 Zoning certificate required
150.1203 Zoning certificate for a single-family dwelling, two-family dwelling or use accessory thereto
150.1204 Staking required
150.1205 Expiration of zoning certificate
150.1206 Certificate of approval required for listed landmarks
150.1207 Exterior changes to buildings in the heritage overlay district reviewed by zoning administrator
150.1208 Certificate of occupancy
The administrative provisions of this Chapter establish the procedures for reviewing and acting upon applications for zoning certificates, including certificates of approval and certificates of occupancy, in order to accomplish the purposes for which this Zoning Code is adopted.
(Ord. 5-2005, passed 3-23-05)
No building or structure shall be erected, constructed, enlarged, structurally altered, demolished or moved in whole or in part, no use shall be established or changed and no space shall be re-occupied in the City of Montgomery until a zoning certificate is issued by the Zoning Administrator. Applications for interior alterations only that do not require a change in use of an existing building or structure shall be exempt from the zoning certificate requirements set forth herein. A zoning certificate shall be issued only when the plans for the proposed use, building or structure comply with the regulations set forth in this Zoning Code.
(A) A zoning certificate shall be issued for the following when the required steps are accomplished:
(1) Single-Family Dwellings, Two-Family Dwellings and Uses Accessory Thereto; when an application for a single-family dwelling, two-family dwelling or use accessory thereto has been reviewed and approved by the Zoning Administrator according to the procedures of this Chapter.
(2) All Other Permitted Uses; when an application for development plan approval for any other permitted use not described in division (A) above has been reviewed and approved by the Planning Commission and/or Council according to the development plan procedures set forth in Chapter 150.14.
(3) Conditional Uses; When an application for a conditional use has been reviewed and approved by the Planning Commission and/or Council according to the procedures set forth in Chapter 150.16.
(4) Variance Requests; when an application for which a variance from a requirement of this Zoning Code is requested has been reviewed and approved by the Board of Zoning Appeals, according to the procedures set forth in Chapter 150.20.
(5) Signs; when an application for a sign permit has been reviewed and approved by the Planning Commission and/or Zoning Administrator according to the procedures set forth in Chapter 151.30.
(6) Similar Uses; when an application for any building or use not specifically listed in this Code as a permitted or conditional use has been reviewed and approved by the Planning Commission and Council according to the procedures set forth in Chapter 150.16.
(B) Applications for zoning certificates are available in the office of the Zoning Administrator. A completed application form accompanied by all other applicable submission requirements shall be submitted to the Zoning Administrator.
(Ord. 5-2005, passed 3-23-05)
(A) Submission of Applications. An application for the construction or alteration of a single-family dwelling, two-family dwelling or use accessory thereto shall include the items set forth below, unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and are waived in writing by the Zoning Administrator. Such applications may be submitted simultaneously with an application for a building permit.
(1) The completed application form, along with the application fee as established by City Council.
(2) One copy of a general vicinity map.
(3) Three copies of a plot plan. The plot plan shall be legibly drawn to scale, shall be based on an accurate survey, prepared by a registered surveyor, and shall include the following.
(a) Property boundary lines showing the actual shape, exact dimensions, and area of the lot to be built upon or utilized.
(b) Right-of-way of adjacent streets.
(c) Location, dimensions, height, and bulk of all existing and proposed buildings and structures to be erected or altered.
(d) The existing and intended use(s) of all land, buildings and structures.
(e) Dimensions of yards, driveways and parking areas.
(f) The number of dwelling units the building is designed to accommodate.
(g) Location and use of buildings and adjoining lots within 10 feet of all property lines.
(h) Grading plan showing pre-existing grade, finish grade and erosion control measures to be maintained during construction.
(i) A tree preservation plan identifying trees to be removed, trees to be maintained, and methods used to protect trees during construction.
(j) Any other pertinent data as may be required by the Zoning Administrator to determine and provide for the enforcement of this Zoning Code.
(B) Review for Completeness. The Zoning Administrator shall review each submitted application to determine compliance with the submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made.
(C) Action by Zoning Administrator. The Zoning Administrator shall evaluate the application and approve or deny it within 30 days from the date it was determined to be complete. In evaluating the application, the Zoning Administrator may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Zoning Code.
(1) Approval. The Zoning Administrator shall issue a zoning certificate upon finding that the building, structure or use, as proposed, complies with the provisions of this Zoning Code.
(2) Denial. If it is determined by the Zoning Administrator that the proposed building, structure or use would violate one or more provisions of this Zoning Code, then the zoning certificate shall not be issued. The Zoning Administrator shall state on the application the reason for the denial, including the regulation(s) that would be violated by the proposed use.
(3) Report of Zoning Administrator. One copy of the plot plan signed, dated and noted as approved or disapproved shall be returned to the applicant, the original application shall be retained as a public record. If the Zoning Administrator does not act on the application within 30 days, it may be deemed denied.
(Ord. 5-2005, passed 3-23-05)
A zoning certificate shall become void at the expiration of 12 months after the date of issuance unless, prior thereto, construction is begun, or an extension has been granted by the Zoning Administrator. If no construction is begun within one year of the date of the certificate and an extension has not been granted, a new application and certificate shall be required. Construction is deemed to have begun when all necessary excavation and piers or footings of the structure included in the application have been completed. The date of expiration shall be noted on the zoning certificate.
(Ord. 5-2005, passed 3-23-05)
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