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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)
(A) A certificate of approval shall be obtained from the Landmarks Commission prior to commencing any of the following:
(1) Demolition or moving of a listed landmark property in the City, in compliance with the procedures set forth in this section and § 150.1804; or
(2) Any change to a listed landmark, including reconstruction or alteration or partial demolition of the structure or exterior architectural feature thereto and including any exterior change to the property such as accessory buildings, fences, walks, paint and similar features. Such proposals may also be subject to development plan review, as required in § 150.1402.
(B) The Chief Building Official or Fire Chief may order repairs, demolition, or other corrective action to a listed landmark without a certificate of approval when, in his determination, there is an imminent threat to public health or safety.
(C) The application for a certificate of approval shall be filed with the City with such plans, specifications, and other material as the Landmarks Commission may from time to time prescribe.
(D) The application shall be transmitted to the Landmarks Consultant within ten days for a recommendation. Within 60 days, the Landmarks Commission shall review the application, plans, specifications, and the advice of the Landmarks Consultant and determine whether a certificate of approval shall be issued or denied. If after 60 days Landmarks Commission fails to act on the application from the date the application was determined to be administratively complete, or an extended period as may be agreed upon, then the applicant may consider the application denied and such denial may be appealed to Planning Commission by filing a written notice of appeal with the secretary of the Planning Commission within 30 days of the expiration of the 60 day date.
(E) The Landmarks Commission shall determine whether the proposed construction, reconstruction, or alteration, is appropriate, or whether it has an adverse effect upon the property. In making such determination, the Landmarks Commission shall consider the advice of the Landmarks Consultant, refer to the Secretary of the Interior's Standards for Rehabilitation, to the design guidelines adopted by City Council, or to other information available. In the case of archaeological properties, the Landmarks Commission shall refer to the Advisory Council on Historic Preservation's Treatment of Archaeological Properties: A Handbook.
(F) The Landmarks Commission may require any person applying for a certificate of approval to file with the Landmarks Commission, prior to any hearing or determination, information concerning the applicant's intentions. The Landmarks Commission may also ask any interested person to file with the Landmarks Commission, prior to any hearing or determination, information concerning any adverse or supporting interests.
(G) If the proposed construction, reconstruction, alteration, or partial demolition is determined to have no adverse effect on the property, then the certificate of approval shall be issued. The certificate may also contain conditions imposed by the Landmarks Commission to insure that the construction, reconstruction or alteration will be compatible with the historic nature of the property.
(H) If the Landmarks Commission determines that the proposed construction, reconstruction, alteration, or partial demolition will have an adverse effect on the property, then the Landmarks Commission shall deny issuance of the certificate of approval.
(I) In the event that the Landmarks Commission determines that a certificate of approval shall not be issued, it shall forthwith state in its records reasons for such determination, and may include recommendations relative to the proposed construction, reconstruction, alteration, or demolition of any building, structure, site, or object. The Landmarks Commission shall notify the applicant in writing of such determination and transmit to him/her the reasons for denial and recommendations, if any, of the Landmarks Commission.
(J) When the proposed construction or alteration is also subject to development plan review, the Landmarks Commission may act on the application for a certificate of approval prior to Planning Commission's approval of the development plan.
(K) The applicant may appeal the denial of the certificate of approval to the Planning Commission only when the decision of the Landmarks Commission is contrary to the recommendation of the Landmarks Consultant. In such instance, the Planning Commission may reverse or modify the decision of the Landmarks Commission upon review of the recommendation of the Landmarks Consultant and the determination of the Landmarks Commission.
(L) Applicants may appeal the decision of the Planning Commission to the Court of Common Pleas as provided under Ohio Law.
(M) Applications for exterior changes to property in the heritage overlay district that is neither a listed landmark property nor subject to development plan review shall comply with the procedures set forth in § 150.1207.
(Ord. 5-2005, passed 3-23-05)
(A) A certificate of approval shall be obtained from the Zoning Administrator prior to commencing any exterior change to a building in the Heritage Overlay District that is neither a listed landmark property nor subject to development plan review. For the purposes of this section, an exterior change shall include:
(1) Ordinary maintenance to correct any deterioration or damage to a structure;
(2) Any changes in the material, color, general design or arrangement of the exterior of the building, including but not limited to roof coverings, windows, doors, siding materials, foundations, awnings, porches, staircases, chimneys, cornices, columns, dormers, signs, and railings that do not alter its original footprint or ground floor area; and
(3) Any proposed project that is determined to be a minor alteration, pursuant to § 150.1405, exclusive of land within the OM District.
(B) The application for a certificate of approval shall be filed with the Zoning Administrator with such plans and specifications, including materials and installation methods, or other information that the Zoning Administrator may require.
(C) The Zoning Administrator shall review the proposal to determine if it is in compliance with the design review criteria set forth in Chapter 151.14 and the purposes and objectives of this Zoning Code. In making such determination, the Zoning Administrator may refer the application to the Landmark's Commission for their review and recommendation. Within 30 days, the Zoning Administrator shall review the application, plans, specifications, and the recommendation of the Landmarks Commission, if requested, and determine whether a certificate of approval shall be issued or denied.
(D) If the Zoning Administrator finds that the proposed exterior change complies with the provisions of this Zoning Code, then the Administrator shall approve the application and issue a certificate of approval.
(E) If the Zoning Administrator denies the proposal, he or she shall notify the applicant and transmit his or her reasons for the denial. The applicant may appeal such denial to the Landmarks Commission, who shall consider such appeal in accordance with the procedures set forth in § 150.1206.
(F) In the event that the decision of the Zoning Administrator is contrary to the recommendation of the Landmarks Commission, if requested, then a determination on the certificate of approval shall not be issued. In such instance, the application shall be subject to the review and approval of the Planning Commission in accordance with the development plan review procedures set forth in Chapter 150.14. The Planning Commission shall consider the decision of the Zoning Administrator and recommendation of the Landmarks Commission during their evaluation of the application.
(Ord. 5-2005, passed 3-23-05)
(A) Certificate of Occupancy Required. Land shall not be occupied or used and a building which has been erected or altered shall not be occupied or used until a certificate of occupancy had been applied for and issued as follows:
(1) Occupancy of a Building. A zoning certificate of occupancy shall be required in addition to a building certificate of occupancy before a building that has been constructed, or an existing building that has been altered, moved, changed in use, or changed as to off-street parking or loading requirements may be occupied. A certificate of occupancy shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection, to conform to the provisions of this Zoning Code.
(2) Occupancy of Land. A zoning certificate of occupancy shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A certificate of occupancy shall be issued when it is determined, upon inspection, that the use conforms to the provisions of this Zoning Code.
(3) Change in Use of Nonconforming Building or Use. A certificate of occupancy shall be required whenever a nonconforming use of a building or land is changed, and shall not be issued until the Board of Zoning Appeals has approved the change.
(B) Temporary Certificate of Occupancy. Pending the issuance of a zoning certificate of occupancy, a temporary zoning certificate for all or partial occupancy of a building or land may be issued for a period not exceeding six months when, due to weather conditions, final grading or landscaping can not be completed before the building certificate of occupancy or temporary certificate of occupancy is ready. Such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.
(C) Applications. Applications for a certificate of occupancy are available in the office of the Zoning Administrator and shall include accurate information provided by the owner, or authorized representative, regarding the size and location of the lot, dimensions of all yards and open space, the use of land or building operations or processes and other pertinent information as may be requested by the City.
(D) Certification. The certificate of occupancy shall document that the building or proposed use of land or building conforms to the provisions of this Zoning Code.
(Ord. 5-2005, passed 3-23-05)