(a) Required. No owner or tenant shall use, occupy, or permit the use of any structure, building, or vacant land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a Certificate of Code Compliance has been issued. Such Certificate of Compliance shall show that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code, the Subdivision Regulations, Ohio Residential Code, Ohio Building Code, the Water and Sanitation Sewer Improvement Specifications Manual, Storm Water Management Design Manual, and other applicable sections of the Codified Ordinance of the City of Oxford.
(b) Application for a Certificate of Code Compliance. Every application for a certificate of occupancy shall be deemed to be an application for a Certificate of Code Compliance.
(c) Review of a Certificate of Code Compliance. The Zoning Administrator and Service Director shall review all Certificate of Code Compliance applications for compliance with the Zoning Code, the Subdivision Regulations, Ohio Residential Code, Ohio Building Code, the Water and Sanitation Sewer Improvement Specifications Manual, Storm Water Management Design Manual, and other applicable sections of the Codified Ordinance of the City of Oxford.
(d) Approval of a Certificate of Code Compliance Application. If an application satisfies all of these Codes, the Zoning Administrator shall issue the Certificate of Code Compliance.
(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 permit 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.
(e) Denial of Certificate of Code Compliance.
(1) If an application does not satisfy these Codes, or if insufficient information is provided to ensure satisfaction of these Codes, 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 these Codes. 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 days 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.
(f) No owner or tenant shall change or otherwise convert the use of any structure, building, or land, or part thereof unless a Certificate of Code Compliance has been issued.
(g) Any change in the use of a nonconforming use shall first obtain a Certificate of Code Compliance.
(Ord. 2947. Passed 3-6-07.)
(Ord. 2947. Passed 3-6-07.)