(a) Purpose. A certificate of zoning approval shall be required in accordance with the provisions of this section in order to ensure that proposed development and uses comply with the standards of this code, and to otherwise protect the public health, safety, convenience, comfort, prosperity and general welfare of the citizens of the City of Sharonville.
(b) Terminology.
(1) For the purposes of this code, the certificate of zoning approval review shall be an administrative review that may be applied to permits or certificates of other names (e.g., sign permits, temporary use permits, fence permits, etc.) if so stated in this code or on the application for the permit or certificate. In such cases, the procedure of Section 1129.12(d), below, shall still apply, including the applicability of administrative waiver requests.
(2) Where a building permit is required for any proposed construction, alteration, or other change, the certificate of zoning approval may be reviewed as a component of the building permit and not necessarily as a stand-alone certificate.
(c) Applicability.
(1) No building or other structure shall be erected, moved, structurally altered, or added to, in whole or in part, nor shall any building, structure, or land be used or changed in use without a certificate of zoning approval issued by the Director of Community Development. A change in tenancy or ownership of a residential dwelling unit shall be exempt from the certificate of zoning approval requirement unless such change in tenancy changes the classification of the use.
(2) A certificate of zoning approval may be required for the establishment of certain temporary or accessory use as established in Chapter 1111: Accessory and Temporary Uses.
(3) A certificate of zoning approval shall be required for any changes to any site element, vehicular use area, landscaping, patio, or other improvements to land as may be established under the applicability sections of individual sections or chapters in this code.
(4) The establishment of a use of vacant land or building shall require the issuance of a certificate of zoning approval.
(5) A change in use or business establishment shall require a certificate of zoning approval. This shall not apply to a change in tenancy of a residential dwelling unit.
(6) Changes in a building or structure's appearance that is regulated by this code shall require a certificate of zoning approval unless the change is a replacement of the same-for-same materials and colors, etc.
(7) Unless otherwise specifically exempted in Chapter 1123: Signs, signs shall require a certificate of zoning approval.
(8) Certificates of zoning approval shall be issued only in conformity with the provisions of this code unless the application is subject to an approval by the BZA or Planning Commission providing for additional standards, conditions, or modifications, in which case, the certificate of zoning approval shall be issued in conformity with the provisions of those approvals, as applicable.
(9) Failure to obtain a certificate of zoning approval shall be a violation of this code subject to the provisions of Chapter 1133: Enforcement and Penalties.
(d) Certificate of Zoning Approval Review Procedure. The review procedure for a certificate of zoning approval shall be as follows:
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1129.02: Common Review Requirements, and with the provisions of this section.
B. If the construction, alteration, or change proposed in the application is subject to a building permit, the certificate of zoning approval will be reviewed as part of the building permit application and not subject to this procedure. Where a building permit is not required, the applicant shall submit an application for a certificate of zoning approval.
(2) Step 2 - Director of Community Development Review and Decision on a Certificate of Zoning Approval.
A. The Director of Community Development may distribute the application to other staff members and other City departments to solicit comment on the certificate of zoning approval application.
B. Within thirty (30) days after the application is determined to be complete, or an extended timeframe approved by the applicant, the Director of Community Development shall make a decision on the certificate of zoning approval application. In making its decision, the Director of Community Development may approve or deny the application. The Director of Community Development may also approve with modifications or supplementary conditions necessary to ensure the proposed activity will be in full compliance with this code.
C. Prior to making a decision, the Director of Community Development shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance.
D. If the Director of Community Development fails to act within thirty (30) days from the date the application is determined to be complete, or an extended period as may be agreed upon by the Director of Community Development and applicant, then the application shall be considered denied.
E. Where revisions are necessary for approval, the application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Director of Community Development.
F. When the Director of Community Development denies an application, the Director of Community Development shall inform the applicant of the reason for the denial, including the regulation(s) which would be violated by the proposed use or development.
G. Public Improvements Required. If the installation of public improvements is required, the following requirements shall apply regardless if the development is part of a subdivision application or not:
i. A certificate of zoning approval shall not be issued until an agreement is provided to the City to construct the required improvements.
ii. The applicant shall be required to provide a financial guarantee (See Section 1125.07.) in the amount of the estimated cost of the required public improvements as determined by the City Engineer.
iii. The agreement and the financial guarantee shall provide for completion of all work within a time specified to be determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.
iv. The approval of the site plan or the installation of public improvements as required by this code shall not obligate the City to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
v. Upon issuance of a certificate of zoning approval, the applicant may proceed with the approved work.
(e) Review Criteria for a Certificate of Zoning Approval. In order to approve any certificate of zoning approval, the Director of Community Development shall determine the following:
(1) The application complies with all applicable provisions of this code and the applicable zoning district; and
(2) The application complies with all approved plans, conditions, or other development approvals issued pursuant to the rules of this code (e.g., variances, administrative waivers, conditional uses, alternative equivalency reviews, COAs, etc.).
(f) Administrative Waiver Requests.
(1) Applicability.
A. The Director of Community Development may grant administrative waivers for any area or dimensional regulation that does not exceed ten percent (10%) of the applicable minimum or maximum regulation. Area and dimensional regulations include, but are not limited to, minimum front, side, and rear yard setbacks; maximum height of structures; maximum sign height; maximum sign area, etc.
B. An administrative waiver for a minimum lot area or lot width requirement is prohibited and shall be subject to a variance review by the BZA in accordance with Section 1129.11.
C. The applicant shall be required to apply for a variance for any waiver request that exceeds ten percent (10%) or other variations from the code that do not qualify for administrative waivers.
(2) Administrative Waiver Review Procedure and Decision.
A. Administrative waivers shall be reviewed as part of the certificate of zoning approval review procedure.
B. In making a decision on the administrative waiver, the Director of Community Development shall approve or deny the application.
C. In approving an administrative waiver, the Director of Community Development may impose conditions on the approval, the proposed use, and the premises to be developed or used pursuant to such approval as they determine are required to be ensure compliance with the standards of this section and the purposes of this code. Any conditions established by the Director of Community Development shall relate directly to the requested administrative waiver.
(3) Review Criteria for Administrative Waivers. Decisions on an administrative waiver shall be based on consideration of the same review criteria as an area and dimensional variance in Section 1129.11(c)(1).
(g) Time Limits.
(1) The applicant shall obtain an approved building permit, where required, and have initiated work within one year of the approval of a certificate of zoning approval or the approval shall be revoked. The initiation of work shall be when the ground has been broken, construction on site improvements has begun, or construction of structures has begun.
(2) For activities that do not require a building permit, the activity shall have been substantially begun within one year of approval and is thereafter pursued to completion, as determined by the Director of Community Development.
(3) All work authorized by a certificate of zoning approval shall have been completed and the certificate of zoning compliance issued within two (2) years of the approval of a certificate of zoning approval.
(4) Time limits for permitted temporary uses and structures shall be as authorized in Section 1111.02. An approval of a certificate of zoning approval for a temporary use shall include the approved start and end dates for the proposed temporary use.
(5) If construction activities for which a certificate of zoning approval has been issued are abandoned or suspended for a period of six (6) months after the time of commencing the work, the certificate of zoning approval shall be revoked. Abandonment shall be defined as the lack of building activity or progress towards achieving the scope of work defined in the certificate of zoning approval.
(6) Upon written request, up to two (2) extensions of six (6) months may be granted by the Director of Community Development if the applicant can show good cause for a delay.
(7) The Director of Community Development shall notify the application of the revocation of a certificate of zoning approval including notice that further work as described in the canceled permit shall not proceed unless and until a new certificate of zoning approval has been obtained or extension granted.
(8) Upon revocation of a certificate of zoning approval, a new application, including all applicable fees, shall be required before a new certificate of zoning approval application will be reviewed.
(9) The above time limits shall not apply if alternative time limits that have been approved by the Director of Community Development, Planning Commission, or BZA, in accordance with the applicable review procedure.
(h) Revoking a Certificate of Zoning Approval. A certificate of zoning approval shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the BZA in accordance with Section 1129.13: Appeals, of this code.
(i) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Director of Community Development shall have the right to appeal the decision to the BZA as established in Section 1129.13: Appeals.
(Ord. 2022-22. Passed 5-10-22.)