(A) When Zoning Use Permit Required: A zoning use permit shall be obtained from the zoning officer, by the owner, lessee, or other person having the contractual right to become the owner or lessee or who otherwise has an exclusive right to possession, or the authorized agent of such person, of any property or structure before commencing:
1. To establish, occupy, or change the use of a structure or land either by itself or in addition to other uses;
2. To construct or erect a new structure or part thereof;
3. To extend, or move any structure or part thereof;
4. To excavate for the construction, alteration, or extension of any structure; or
5. To change a nonconforming use to a special use; provided, however, that this chapter shall not apply to those persons, nor property, structures or uses, exempted from the regulations of this title, except to the extent specifically provided hereinafter.
(B) Application For Zoning Use Permit: Applications for zoning use permits shall be filed in the office of the zoning officer on forms prescribed by him. Such applications shall:
1. State the location, street number, lot, block and/or tract comprising the legal description of the property;
2. State the name and address of the owner, the applicant, if different from the owner, and the contractor, if known;
3. State the estimated costs;
4. Describe the uses to be established or expanded;
5. Be accompanied by a plan in duplicate, or duplicate prints thereof, drawn approximately to scale, showing the:
(a) Actual dimensions of the lot to be built upon;
(b) Size, shape and location of the use to be established or the structure to be constructed;
(c) Size, shape and location of all existing structures and uses located on the lot;
(d) Minimum floor elevations and highest known flood level, where applicable;
(e) Ingress and egress;
(f) Off street parking spaces and loading berths;
(g) Water supply and sewage disposal facilities, including a true and correct copy of any permit;
(h) Other information as may be necessary to provide for the proper administration and enforcement of this title; and
6. Include any accessory structure or use established or constructed at the same time the main or principal use is established or constructed.
(C) Issuance Of Zoning Use Permit:
1. If the zoning officer determines that an application for zoning use permit and the use applied for conform to the applicable regulations and standards of this title, the zoning officer shall issue a zoning use permit. A zoning use permit issued in error or lacking conformity to the applicable regulations and standards of this title shall be null and void from the date of issuance. An applicant issued a zoning use permit in error or lacking the required conformity may be required to discontinue the use or may seek a variance, special use, or zoning amendment under the provisions of this title.
2. Each zoning use permit for a main or principal structure, or main or principal use, shall also cover any accessory structure or accessory use established or constructed at the same time on the same lot or tract of land.
3. The zoning officer shall issue an original and a duplicate copy of the zoning use permit to the applicant and shall retain another duplicate copy for his records. The applicant's duplicate copy shall be posted in plain sight on the premises for which it is issued until the zoning compliance certificate has been issued.
(D) Expiration Of Zoning Use Permit:
1. If the work described on any zoning use permit shall not have begun within one hundred twenty (120) days from the issuance thereof, said permit shall expire and be canceled by the zoning officer and written notice thereof shall be given to the applicant.
2. If the work described on any zoning use permit shall have begun within one hundred twenty (120) days but shall not have been substantially completed within three hundred sixty five (365) consecutive days from the issuance thereof, said permit shall automatically expire. The zoning officer shall provide written notice to the applicant of the expiration together with notice that further work as described on the canceled permit shall not proceed until a new permit shall have been issued; provided, however, that for commercial and industrial buildings, the permit shall extend for such period as set forth in the application for the zoning use permit as the time necessary to complete the building up to a maximum of two (2) years. Any delay in providing any notice under this provision shall not extend the expiration date of the zoning use permit.
3. If a new zoning use permit is issued granting additional time for completion of the work, such new permit may require, at the discretion of the zoning board, a limitation on time allowed for the completion of the work and a performance bond to insure completion within the time set. Such new permit shall not, in any case, be valid after three hundred sixty five (365) consecutive days from the date of issuance thereof.
4. A zoning use permit issued for the establishment of the use of land where no structure is involved, or on which land a structure is accessory to the main or principal use, such main or principal use not involving any structure, shall not expire. The land so used shall be inspected by the zoning officer at one year intervals from the date of issuance of such permit to ensure compliance with the regulations and standards of this title. (Ord. 2004-16, 9-7-2004)