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(a) Permits Required.
(1) The use made of property may not be substantially changed without a zoning permit. Substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to a zoning permit and when applicable, a conditional use permit or variance authorized by the applicable board, commission or Council as provided in this Planning and Zoning Code.
(2) Zoning permits, and conditional use permits shall issue under this Planning and Zoning Code only when a review of the application submitted, including the plans contained therein, indicates that the development and use of the land or structures will comply with the provisions of this Planning and Zoning Code if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in Section 1141.04(c), all development shall occur strictly in accordance with such approved plans and application.
(3) Physical improvements to land to be subdivided may not be commenced until the preliminary plat has been approved by the Council and a zoning permit has been issued.
(4) A zoning permit or conditional use permit shall be issued in the name of the applicant ( except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit issuing authority.
(b) No Occupancy, Use or Sale of Lots Until Requirements Fulfilled. Issuance of a zoning permit and when applicable, a conditional use permit, authorizes the recipient to commence the activity resulting in a change in use of land or to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in Section 1141.04(a) the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until compliance is achieved by meeting all requirements of this Planning and Zoning Code and all additional requirements imposed pursuant to the issuance of a zoning permit, and where applicable, a conditional use permit.
(c) Who May Submit Permit Applications.
(1) Applications for zoning permits, conditional use permits, and variances, or subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the subdivision plat approval. By way of illustration, in general this means that applications should be made by owners of property, or their authorized representatives evidenced by a duly executed power of attorney.
(2) The Zoning Administrator shall require an applicant to submit evidence of the applicant’s authority to submit the application in accordance with subsection (a) of this section whenever there appears to be a reasonable basis for questioning this authority.
(d) All Applications to Be Complete.
(1) All applications for zoning, conditional use or variance, must be complete before the permit issuing authority is required to consider the application.
(2) Subject to subsection (d)(3) of this section, an application is complete when it contains all the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Planning and Zoning Code.
(3) In this Planning and Zoning Code, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in the Engineering Department rules and regulations. It is not necessary that the applicant contain the type of detailed construction drawings that would be necessary to determine compliance with such rules and regulations, so long as the plans provide sufficient information to allow the permit issuing authority to evaluate the application in light of the substantive requirements set forth in the text of this Planning and Zoning Code.
(4) However, whenever this Planning and Zoning Code requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in the Engineering Department rules and regulations, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the Zoning Administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided.
(5) The presumption established by this Planning and Zoning Code is that all of the information set forth in the Engineering Department rules and regulations is necessary to satisfy the requirements of this Section. However, it is recognized that each development is unique, and therefore the permit issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the Council or Planning Commission, the applicant may rely in the first instance on the recommendations of the Zoning Administrator as to whether more or less information should be submitted.
(6) The Zoning Administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. The Zoning Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.
(e) Pre-Application Consulting.
(1) To minimize development planning costs, avoid misunderstanding or misinterpretation, and to ensure compliance with the requirements of this Planning and Zoning Code, pre-application consultation between the developer and the Zoning Administrator is encouraged or required as provided in this Planning and Zoning Code.
(2) Before submitting an application for a development, the developer shall submit to the Zoning Administrator a sketch plan of such development, drawn approximately to scale (1 inch = 100 feet). The sketch plan shall contain all the following:
A. The name and address of the developer,
B. The proposed name (if a subdivision) and location,
C. The approximate total acreage of the proposed development,
D. The tentative street and lot arrangement,
E. Topographic lines, and
F. Any other information the developer believes necessary to obtain the informal opinion of the planning staff as to the proposed development's compliance with the requirements of this Planning and Zoning Code.
(3) The Zoning Administrator shall meet with the developer as soon as conveniently possible to review the sketch plan.
(4) Before submitting an application for any other permit, developers are strongly encouraged to consult with the Zoning Administrator concerning the application of this Planning and Zoning Code to the proposed development.
(f) Staff Consultation After Application Submitted.
(1) Upon receipt of a formal application for a zoning permit, conditional use permit, variance or subdivision plat approval, the Zoning Administrator shall review the application and confer with the applicant to ensure that the applicant understands the planning staff’s interpretation of the applicable requirements of this Planning and Zoning Code, that applicant has submitted all of the information that the applicant intends to submit, and that the application represents precisely and completely what applicant proposes to do.
(2) If the application is for a conditional use permit, variance or subdivision approval, the Zoning Administrator shall place the application on the agenda of the appropriate board or commission when the Zoning Administrator determines the application is complete.
(g) Zoning Permits.
(1) A completed application form for a zoning permit shall be submitted to the Zoning Administrator by filing a copy of the application with the said Administrator in the Building/Zoning Department.
(2) The Zoning Administrator shall issue any zoning permit when the Zoning Administrator finds, after reviewing the application and consulting with the applicant as provided in Section 1141.01(e) that the permit is being issued in compliance with this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)