(a) Purpose. A finding of zoning compliance 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, and general welfare of the citizens of Sheffield Village.
(b) General Provisions.
(1) Where a building permit is required in Chapter 1335 of the Code of Ordinances for any work subject to the provisions of this code, a review for zoning compliance shall take place as part of the building permit review process. The building permit review procedure and timeframes established in Chapter 1335 of the Code of Ordinances shall apply. However, the timeframe for building permit review and decisions shall not commence until the applicant has received all necessary zoning approvals in accordance with this code (e.g., zoning map amendments, site plan review, conditional use review, variances, etc.). Approval of the building permit shall be authorization to proceed with any approved work.
(2) Where a building permit is not required by Chapter 1335 of the Code of Ordinances, any work subject to the requirements of this section shall still be required to receive an authorization to proceed. Such authorization shall take place in accordance with the procedure set forth in this section.
(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 zoning compliance review. A change in tenancy or ownership of a residential dwelling unit shall be exempt from the zoning compliance review requirement unless such change in tenancy changes the classification of the use.
(2) Zoning compliance review may be required for the establishment of certain temporary or accessory use as established in Chapter 1111: Accessory and Temporary Uses.
(3) Zoning compliance review 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 authorization to proceed through the zoning compliance review process.
(5) Changes in a building or structure's appearance that is regulated by this code shall require authorization to proceed through the zoning compliance review process unless the change is a replacement of the same-for-same materials and colors, etc.
(6) Unless otherwise specifically exempted in Section 1121.02(g), signs shall require an authorization to proceed through the zoning compliance review process.
(7) Authorization to proceed through the zoning compliance review process shall be granted only in conformity with the provisions of this code unless the application is subject to approval by the BZA or Planning Commission providing for additional standards, conditions, or modifications, in which case, the authorization to proceed shall be issued in conformity with the provisions of those approvals, as applicable.
(8) Failure to obtain an authorization to proceed through the zoning compliance review process shall be a violation of this code subject to the provisions of Chapter 1127: Enforcement and Penalties.
(d) Zoning Compliance Review. The following shall be the process used by the Village Administrator to determine zoning compliance for activities that do not require a building permit approval.
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.
(2) Step 2 - Village Administrator Review and Decision.
A. The Village Administrator may distribute the application to other staff members and other Village departments to solicit comment on the subject application.
B. Within thirty (30) days after the application is determined to be complete, or an extended timeframe approved by the applicant, the Village Administrator shall make a decision on whether the application demonstrates compliance with this code. In making its decision, the Village Administrator may approve or deny the application. The Village Administrator may also approve modifications or supplementary conditions necessary to ensure the proposed activity will be in full compliance with this code.
C. The above thirty (30)-day timeframe shall not begin until the applicant has received all other necessary zoning approvals in accordance with this code (e.g., zoning map amendments, site plan review, conditional use review, variances, etc.) and made a formal application for zoning compliance review.
D. Prior to making a decision, the Village Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance.
E. If the Village Administrator 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 Village Administrator and applicant, then the application shall be considered denied.
F. 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 Village Administrator.
G. When the Village Administrator denies an application, the Village Administrator shall inform the applicant of the reason for the denial, including the regulation(s) which would be violated by the proposed use or development.
H. Approvals shall be granted through a formal authorization to proceed from the Village Administrator. Such authorization may take the form of a permit, letter to proceed, or other format as may be established by the Village Administrator.
(e) Review Criteria for a Zoning Compliance Review. In order to authorize any activity to proceed, the Village Administrator 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, conditional uses, etc.).
(f) Time Limits.
(1) Where a building permit is required for the subject activity, the activity shall be subject to the time limits established for the building permit.
(2) Time limits for permitted temporary uses and structures that do not require a building permit shall be as authorized in Section 1111.02. Any authorization to proceed with a temporary use that does not require a building permit shall include the approved start and end dates for the proposed temporary use.
(3) Any other activities that do not require a building permit shall be required to be built or established within one (1) year of the authorization to proceed, or the authorization to proceed shall be voided.
(4) Upon written request, one extension of six (6) months may be granted by the Village Administrator if the applicant can show good cause for a delay.
(5) The Village Administrator shall notify the applicant of the revocation of an authorization to proceed, including notice that further work as described in the canceled authorization shall not proceed unless and until an authorization to proceed has been obtained or an extension granted.
(6) Upon revocation of an authorization to proceed, a new application, including all applicable fees, shall be required before a new authorization to proceed will be reviewed.
(7) The above time limits shall not apply if alternative time limits that have been approved by the Village Administrator, Planning Commission, or BZA in accordance with the applicable review procedure.
(g) Revoking an Authorization to Proceed. Any authorization to proceed shall be revocable by either the Village Administrator or Zoning Administrator if, among other things, the actual development activity does not conform to the terms of the application and approval granted thereon. In the event of the revocation of an authorization to proceed, an appeal may be taken to the BZA in accordance with Section 1105.08: Appeals.
(h) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Village Administrator or Zoning Administrator, as applicable, shall have the right to appeal the decision to the BZA in accordance with Section 1105.08.
(Ord. 2879. Passed 10-23-23.)