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(a) Certificate Required. No person shall locate, erect, construct, convert, add to, move, reconstruct, enlarge, change, maintain or structurally alter any building or structure within the Village, nor shall any building, structure, or land be established or changed in use without obtaining a zoning certificate. No zoning certificate shall be issued unless the plans for the proposed building or structure fully comply with the zoning code and site plan approval has been obtained from the Commission.
(b) Application for Certificate.
(1) A copy of the site plan application and site plan approval shall be submitted to the Zoning Inspector by the Commission within ten days of approval by the Commission. The site plan application shall also be the zoning certificate application.
(2) A zoning certificate application, submitted to the Zoning Inspector, shall be required for those applications exempted from the site plan approval process. The zoning certificate application shall be signed by the owner and applicant attesting to tell the truth and exactness of all information supplied on the application. At a minimum, the application shall contain the following information:
A. Name, address, and telephone number of applicant.
B. Legal description of property.
C. Existing use.
D. Proposed use.
E. Zoning district.
F. Plans in triplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alterations.
G. Building heights.
H. Number of off-street parking spaces.
I. Such other matters as may be necessary to determine conformance with, and provide for the enforcement of this zoning code.
(c) Issuance of Certificate.
(1) Within ten days of receiving the site plan approval from the Commission and the fee from the applicant, the Zoning Inspector shall issue a zoning certificate.
(2) When a site plan approval is not required, the Zoning Inspector, within ten days of receiving a completed zoning certificate application and zoning certificate fee, shall either approve or disapprove the application in conformance with the provisions of the zoning code.
(3) One copy of the site plan shall be returned to the applicant by the Zoning Inspector, after he/she shall have marked such copy either approved or disapproved and attested to same by his/her signature on such copy. One copy of the site plan, similarly marked, shall be submitted to the Commission, and the third copy shall be retained by the Zoning Inspector.
(d) Effective Period.
(1) A zoning certificate shall be valid for a period of eighteen months within which period the proposed work must be substantially completed. An extension of one year may be granted by the Commission. If an extension is not granted by the Commission, the zoning certificate shall expire and be revoked by the Zoning Inspector, and a stop work order shall be given to the person(s) affected, together with notice that further work as described in the cancelled zoning certificate shall not proceed unless and until a new zoning certificate has been obtained or an extension granted.
(2) If an extension has been granted by the Commission, but the work described in the zoning certificate has not been substantially completed within two and one-half years of the date of issuance thereof, the zoning certificate shall expire and be revoked by the Zoning Inspector, and a stop work order shall be given to the person(s) affected, together with notice that further work as described in the cancelled zoning certificate shall not proceed unless and until a new zoning certificate has been obtained.
(e) Certificate of Completion. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of completion shall have been issued by the Zoning Inspector stating that the building and the proposed use of the structure or land conforms to the requirements of the zoning code.
(f) Temporary Certificate of Completion. A temporary certificate of completion may be issued by the Zoning Inspector for a period not exceeding six months during which alterations and/or partial occupancy of a building may occur, pending its completion.
(g) Record of Certificates of Completion. The Zoning Inspector shall maintain a record of all certificates of completion and a copy shall be furnished upon request to any person.
(h) Failure to Obtain a Zoning Certificate or Certificate of Completion. Failure to obtain a zoning certificate or certificate of completion shall be a violation of the zoning code and shall be punishable under Section 1262.99. Notwithstanding the foregoing, as set forth in Section 1260.07, Zoning Fee Schedule, of this Planning and Zoning Code, any person that commences work without an approved zoning certificate shall be charged double the base application fee. The additional fee shall apply to all permits and approvals required by the Village for the project commenced without an approved zoning certificate.
(i) Schedule of Fees, Charges, and Expenses. Council shall establish a schedule of fees, charges, and expenses and a collection procedure for zoning certificates, certificates of completion, variances, appeals, and all other matters pertaining to the zoning code. The schedule of fees shall be posted in the office of the Zoning Inspector, and may be altered or amended only by Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(j) Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates. Zoning certificates issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, or arrangement, or construction is permitted. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of the zoning code, and punishable as provided in Section 1262.99.
(k) Complaints Regarding Violations. Whenever a violation of the zoning code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take action thereon as provided by the zoning code.
(l) Revocation of Certificates. Any zoning certificate that is based upon a false statement shall be revoked. Whenever the fact of such false statement shall be established to the satisfaction of the Commission, the zoning certificate shall be revoked and a stop work order shall be delivered to the holder of the revoked zoning certificate upon the premises concerned, or if such holder is not found there, by posting the stop work order in some conspicuous place upon the said premises. Any person who shall proceed thereafter with such work or use covered by the revoked zoning certificate without having obtained a new zoning certificate shall be deemed guilty of a violation of the zoning code.
(m) Stop Work Order. The Zoning Inspector shall issue a stop work order on any construction and use of land or building when a required zoning certificate has not been issued for such work or use of land or building, when a zoning certificate has been revoked for such work or use of land or building, or when a violation of the zoning code occurs. The stop work order shall be sent in writing to the property owner or holder of the revoked certificate, or, if such person cannot be found, by posting the stop work order in some conspicuous place upon the said premises. Any person who shall proceed thereafter with such work or use shall be deemed guilty of a violation of the zoning code.
(Ord. 639-95. Passed 8-10-95; Ord. 1010-11. Passed 4-11-11; Ord. 1185-18. Passed 6-13-18.)