1107.01
Intent.
1107.02
General provisions for application filing.
1107.03
Zoning permit required.
1107.04
Approval of zoning permit.
1107.05
Zoning permit issuance.
1107.06
Expiration of zoning permit.
1107.07
Development plan review procedures.
1107.08
Development plan review criteria.
1107.09
Significance of an approved plan; plan revisions.
1107.10
Expiration of development plan approval.
1107.11
Zoning Certificate of Compliance.
In order to accomplish the purposes for which this Planning and Zoning Code is adopted, it is essential that its regulations be soundly and consistently applied, and that this Code be vigorously enforced. This chapter stipulates the general procedures to be followed in obtaining zoning approval.
(Ord. 19-10. Passed 11-7-19.)
The requirements of this section shall apply to all applications and review procedures set forth in this Planning and Zoning Code, unless otherwise stated.
(a) Authority to File Applications. The person having legal authority to take action in accordance with the approval sought shall file an application for review in accordance with this Planning and Zoning Code. The person having legal authority shall be the record owner or the duly authorized agent of the record owner who may be required to provide proof of such authority at the time of application.
(b) Zoning Application Required Prior to Filing Application for a Building Permit. The applicant shall submit an application for zoning review and approval prior to submitting for a building permit from Lake County.
(c) Application Filing Requirements. Applications required under this Planning and Zoning Code shall be submitted in a form and in such numbers as established by the Zoning Inspector and shall be accompanied by:
(1) An application form provided by the Village, completed and signed by the applicant.
(2) The appropriate information, plans, studies and other documents that are required by this Planning and Zoning Code based on the type of application submitted, as established by the Zoning Inspector. Such list of filing submission requirements shall be made readily available to the public.
(3) Payment of fee(s). Applications shall be accompanied by the fee required in the North Perry Official Planning and Zoning Fee Schedule as established by the North Perry Village Council. The schedule of fees shall be available at Village Hall, and may be altered or amended only by Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.
(d) Application Filing Deadline. For applications requiring review by the Planning Commission, the applicant shall file an application with the Zoning Inspector at least thirty (30) days before the date of the Planning Commission’s regularly scheduled meeting at which such application is to be considered.
(e) Complete Application Determination. The Zoning Inspector shall only initiate the review and processing of a submitted application after such application is determined to be complete.
(1) The Zoning Inspector shall make a determination of application completeness within five business days of the application filing.
(2) If the application is determined to be incomplete, the Zoning Inspector shall notify the applicant of necessary changes or additional information needed. No further processing of an incomplete application shall occur until the deficiencies are corrected.
(3) Once an application is determined to be complete, the Zoning Inspector shall process the application according to the procedures set forth in this Planning and Zoning Code.
(4) If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(f) Review Meeting Date. For applications requiring review by the Planning Commission, a complete application shall be placed on the agenda of the appropriate board for the next regularly scheduled meeting occurring not less than fourteen (14) days from the date the application is determined complete.
(g) Refund of Fees. Application or review fees are not refundable except where the Zoning Inspector determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(h) Submission Schedule. The Zoning Inspector is authorized to and shall establish the submission and review schedule for applications. The Zoning Inspector may amend and update these requirements as determined necessary.
(i) Required Times for Action and Inaction. Whenever the provisions of this Planning and Zoning Code require that reviewers or decision-makers take action on an application within a specified period and such action is not taken within that time-frame, such inaction shall be deemed a denial of the application unless the applicant agrees to an extension of the review period.
(Ord. 19-10. Passed 11-7-19.)
(a) No excavation, grading, or improvement shall be commenced and no building or structure shall be erected, constructed, enlarged, structurally altered, or moved in whole or in part, and no use of buildings or land shall be established in the Village of North Perry until a zoning permit has been issued by the Zoning Inspector stating that the building, structure or use complies with the provisions of the Planning and Zoning Code.
(b) A zoning permit and related approvals shall be required for the following circumstances, unless specifically exempted in this Planning and Zoning Code:
(1) Single-Family Dwelling and Uses Accessory Thereto, Generally. Prior to issuance of a zoning permit for a single-family dwelling, including any activity related to a single-family dwelling, including an accessory structure or accessory use, the applicant shall first have received all of the following:
A. Approval of a grading plan, when applicable and
B. Approval of any conditional use(s) and/or variance(s), when applicable.
(2) All Other Permitted Uses. Prior to issuance of a zoning permit for nonresidential development, including any other use, building or structure permitted by right not described in sub-section (b)(1) above, the applicant shall first have received all of the following:
B. Approval of any conditional use(s) and/or variance(s), when applicable.
(3) Change in Use. A zoning certificate of compliance shall be required for any change in the use of a building or lot, which does not otherwise require a zoning permit.
(4) Signs. Prior to issuance of a zoning permit for signs issued separately from a development plan approval, the applicant shall have received approval of any variance(s), when applicable.
(5) Conditional Uses. An application for a conditional use shall be reviewed by the Planning Commission according to the procedures set forth in Chapter 1109.
(6) Similar Uses. An application for any use not specifically listed in this Planning and Zoning Code as a permitted or conditional use shall be reviewed by the Planning Commission according to the procedures set forth Chapter 1109.
(7) Variance Requests. An application for a variance from a requirement of this Planning and Zoning Code shall be reviewed by the Board of Zoning Appeals according to the procedures set forth in Chapter 1113.
(8) Nonconforming Uses, Structures, Lots. An application for the approval of a change regarding a nonconforming use/structure/lot shall be reviewed by the Board of Zoning Appeals according to the requirements set forth in Chapter 1113 for appeals and variances.
(c) The Zoning Inspector shall cause examination to be made of every application for a zoning permit and shall issue no such permit that violates the Planning and Zoning Code.
(Ord. 19-10. Passed 11-7-19.)
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