A. Scope.
(1) No person shall commence to erect, alter or convert any structure, building, lot or sign, nor alter the use of any land or structure until the Zoning Administrator has reviewed such change or construction and has issued a zoning permit or has determined that a permit is not required. Repairs and renovations (such as painting) shall not require Zoning Administrator review.
(2) Zoning permit required. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable municipal staff.
(a) A zoning permit is required to be issued prior to the start of any of the following activities:
[1] Erection, construction, movement, placement or expansion of a structure, building or sign.
[2] Change of the type of use or expansion of the use of a structure or area of land.
[3] Creation of a new use.
[4] Demolition of a building.
[5] Establishment of mineral extraction or an outdoor business storage area.
[6] Construction or expansion of a vehicle parking area.
[7] Increase the number of dwelling units or boarding house units.
(3) No person shall expand or change a nonconforming use, nor add to a nonconforming structure, nor change the use of land on which a nonconforming use or structure is situated, until the Zoning Administrator issues a zoning permit authorizing such activity.
(4) If a property with a nonresidential use changes ownership, the new owner shall submit a form to the City to transfer the zoning permit. Such form shall be completed to describe whether the new owner intends to continue the existing use or make any changes to the use. [Added 2-14-2011 by Ord. No. 8-2011]
(5) See also the requirements of Chapter 308, Housing, including but not limited to requirements for the designation of a local agent if the owner does not live locally. [Added 2-14-2011 by Ord. No. 8-2011]
B. Types of uses.
(1) A zoning permit for a permitted by right use may be issued by the Zoning Administrator.
(2) A zoning permit for a use requiring a special exception or variance shall be issued by the Zoning Administrator only upon the written order of the Zoning Hearing Board after a hearing.
(3) A zoning permit for a conditional use shall be issued by the Zoning Administrator only upon the written order of the City Council following a review by the Planning Commission.
C. Application.
(1) Form. All applications for a zoning permit shall be in writing on a form provided by the Zoning Administrator and shall be submitted to the Zoning Administrator, together with the required fee.
(2) By whom applications are made. All requests for permits shall be made in writing by the legal or equitable owner of the subject property or their authorized agents or appointees. The applicant shall execute an affidavit through which he/she states that he/she is authorized to make the application pursuant to this section.
(3) Review. The Zoning Administrator may submit a copy of any plan and application to any appropriate agency and/or individual (such as Planning Commission, Department of Public Works, etc.) for review and comment.
D. Plans and specifications. Requests for zoning permits shall be accompanied by two copies of a plot plan that shall conform to the following requirements:
(1) Drawn to the scale one inch equals 20 feet, one inch equals 50 feet, or a scale deemed appropriate by the Zoning Administrator.
(2) Show the size and location of all new construction, as well as the location of all existing buildings, structures and signs.
(3) Show the dimensions and area, in square feet, of the lot and buildings situated thereon.
(4) Show the distance of all lot lines to the building setback line.
(5) Show the location of all adjacent streets, alleys and rights-of-way.
(6) Show all proposed and existing parking and loading areas with any proposed storm drainage facilities.
(7) Describe adjacent land uses.
(8) Show all required buffer zones and/or landscape areas.
E. Conditions of permit. The Zoning Administrator shall not issue a zoning permit unless the following conditions have been met or are satisfied:
(1) The use, building, structure or lot conform to the provisions of this chapter, except for:
(a) Variances to this chapter granted or special exceptions allowed and approved by the Zoning Hearing Board as hereinbefore set forth.
(b) Legal nonconforming buildings or uses existing prior to the enactment of this chapter.
(2) Written approval, where required, from the Zoning Hearing Board with all conditions required.
(3) Written statement from the Zoning Administrator that the conditions as listed in the Zoning Hearing Board's written approval have been met, satisfied or are substantially complete.
(4) All applications and documents have been revised in accordance with the conditions of any approval given by the Zoning Hearing Board.
F. Issuance.
(1) The Zoning Administrator shall issue or refuse an application for a zoning permit for a use permitted by right after receiving a complete application except as specifically provided for in this chapter.
(2) A zoning permit shall be issued in at least triplicate.
(3) One copy shall be conspicuously posted by the applicant on the premises. No person shall perform development, construction or renovation activities regulated by this chapter of any kind unless a zoning permit is being displayed as required by this chapter.
(4) After the issuance of a zoning permit by the Zoning Administrator, no changes of any kind shall be made to the application, permit, plans, specifications or other documents submitted with the application without the written consent of the Zoning Administrator.
G. Compliance with permit. All work to or any use of any building, structure, sign or land shall conform to the approved application and plan for which the zoning permit was issued and any approved amendments thereto. The permit shall not be construed as authority to violate, cancel or set aside the provisions of this or any other ordinance unless otherwise expressly stated upon the zoning permit.
H. Duration of permit.
(1) A zoning permit shall be valid until such time as there is a change in use, condition, owner or lessee for which the permit was originally issued, except where the duration of the use or building is limited by action of the Zoning Hearing Board or provisions of this chapter or any amendment thereto.
(2) A zoning permit shall be deemed invalid 12 months after its date of issuance if the authorized work fails to commence within such time or, if the authorized work is suspended or abandoned for a period of 12 months or more after commencing the work. The Zoning Administrator may grant one or more extensions of time for additional periods not exceeding six months each, based upon an applicant's request. Upon expiration or invalidation of the zoning permit, all other permits issued thereon shall become invalid.
(3) Where the duration of the use or building has been limited by action of the Zoning Hearing Board or provisions of this chapter, or any amendment thereto, the life of the zoning permit shall be equally limited. In the event that a variance has been granted or other action has been authorized by the Zoning Hearing Board, the applicant shall secure the necessary permits and commence the authorized action, construction or alteration within 12 months of the final action of the Zoning Hearing Board. The applicant may request, in writing, extensions of the twelve-month period stating the reasons for delay. Unless the Zoning Administrator finds such reasons for delay justifiable, it may refuse to extend the one-hundred-eighty-day period and may, after expiration of said one-hundred-eighty-day period, rescind or revoke the granted variance, authorization and permit.