(a) Application for Zoning Certificate. Every application for a building permit shall be deemed to be an application for a zoning certificate.
(b) Review of Zoning Certificate. The Zoning Administrator shall review all Zoning Certificate applications for compliance with this Code.
(c) Approval of Zoning Certificate. If an application satisfies all of this Code, the Zoning Administrator shall issue the certificate.
(1) Minor Variance: The Zoning Administrator may grant the minor variance up to five percent (5%) of the side or rear yard setback, provided that the issuance of the zoning certificate conforms to the following criteria:
A. That the particular physical surroundings, shape, or topographical conditions of the specific property involved would result in a practical difficulty upon or for the owner, lessee, or occupant as distinguished from a mere inconvenience, if the provisions of this Chapter were literally enforced.
B. The issuance of a certificate will not be materially detrimental or injurious to the adjoining properties or improvements in the neighborhood in which the subject property is located.
C. That the requested modification does not exclusively rely upon the desire of the owner, lessee, occupant or applicant to realize economic gain.
D. That the proposed deviation will not impair an adequate supply of light or air to adjacent properties, substantially increase the congestion in the public street, increase the danger of fire, endanger the public safety or substantially diminish or impair property value within the neighborhood.
E. Notification will be sent to direct abutters within two business days of the application filing. This notification will include comment forms.
(d) Denial of Zoning Certificate.
(1) If an application does not satisfy this Code, or if insufficient information is provided to ensure satisfaction of this Code, the Zoning Administrator shall deny the certificate. A written notice shall be provided to the applicant stating the reason for denial.
(2) An applicant may submit revisions to a denied application to correct elements of the original application that do not satisfy this Code or to provide more information that will ensure satisfaction of all elements of this Code. Revisions must be submitted to the Zoning Administrator within thirty days of the date that the Zoning Administrator issues a written denial.
(3) An applicant may appeal the Zoning Administrator’s decision to the Board of Zoning Appeals within thirty day of the date that the Zoning Administrator issues a written denial. The applicant shall file an application, along with all the information per Section 1129.09.
(4) If an applicant fails to submit revisions within the time allotted, the application is void and the application fee is forfeited. A new, complete application must be filed, including the fee. Any new application will be subject to the Code at the time of application.
(e) Authority to proceed with Construction. No excavation or construction shall commence unless the plans, specifications, and the intended use conform to the provisions of the Zoning Code and the Zoning Certificate has been obtained.
(Ord. 2947. Passed 3-6-07.)