(a) A Zoning Permit is a certification of property Use and shall be required for any of the following:
(1) Construction, reconstruction, erection, extension, enlargement, conversion, or structural alteration of any Building, including Accessory Structures;
(2) Change in Use of an existing Building or Accessory Structure to a Use of a different classification;
(3) Occupancy and Use of vacant land;
(4) Change in the Use of land to a Use of a different classification;
(5) Any change in a Legally Nonconforming Use; and
(6) Any Temporary Uses as defined herein. A Zoning Permit is issued subject to continued compliance with all requirements and conditions of this Ordinance and other regulations enacted by the City of St. Albans all as in effect at the time of issuance of the Zoning Permit and may be revoked for noncompliance.
(b) Applications. Each application a Zoning Permit for the construction, reconstruction, erection, extension, enlargement, conversion, or structural alteration of any building, including accessory structures, accompanied by two (2) copies of a Sketch Plan, one (1) copy of which shall be returned to the applicant upon approval. In the case of new residential and commercial structures, professional plans drawn to scale shall be submitted, along with a plat survey of the land to be developed. The Zoning Administrator may determine that a project requires a Sketch Plan which is drawn to scale or require the submission of a plat survey if such information will be required in order to determine compliance with this Ordinance.
(c) The Zoning Administrator shall approve the issuance of a Zoning Permit only if the application complies with the requirements of this Ordinance, and provided that such Zoning Permit shall be conditioned, where necessary, on the approval of the Zoning Administrator, and any other department, committee, or agency concerned, and provided the application is accompanied by the required fee. It shall be the responsibility of the applicant to identify any deviations from the standards and specifications of this Ordinance.
(d) The Zoning Administrator shall maintain a record of all Zoning Permits and copies shall be furnished upon request to any Person upon payment of the cost thereof. The issuance of a Zoning Permit shall not be construed so as to sanction a variance from the terms of this Ordinance and any Zoning Permit issued that would work to violate this Ordinance, the applicable Building Codes or the Subdivision and Land Use Ordinance shall be void.
(e) If the Zoning Board of Appeals or the Planning Commission shall determine that any provision of this Ordinance are violated, the Board or Commission may instruct the Zoning Administrator to take appropriate action to ensure compliance. This Section shall not be construed to require action by the Zoning Board of Adjustment or Planning Commission prior to the taking of appropriate enforcement action by the Zoning Administrator as otherwise provided in this Ordinance.
(f) The Zoning Administrator shall approve or disapprove the issuance of a Zoning Permit within sixty (60) days of the applicant's filing of a complete application. Failure of the Zoning Administrator to act within sixty (60) days of said period shall automatically be considered an approval of said Zoning Permit application unless the Zoning Administrator notifies the applicant within said sixty (60) day period that the application is incomplete and/or does not comply with the policies and requirements of applicable approval agencies, and/or that requested revisions to the permit application have not been made. A Zoning Permit shall become void one (1) year after its issue should no development take place after its issue.
(g) Permits for a principal Use shall encompass any Accessory Uses on the same property provided that such Accessory Uses are clearly reflected in the application or Accessory Structures indicative of such Uses are shown on the Sketch Plan.
(h) Fees. All applications for Zoning Permits, petitions to rezone property and variances shall be accompanied by the prevailing fees as set by the City Council, under the provisions of (Chapter, Article, Section), of the Codified Ordinances of the City of St. Albans and specify the various fees applicable to such applications and related matters, which provisions, as they may be amended from time to time, are incorporated into this Ordinance by reference.
(i) There shall be no refund of any fee paid hereunder.
(j) A Zoning Permit shall authorize only the Use, arrangement, and construction set forth in the application for same.
(k) Undertaking any of the activities listed without a Zoning Permit shall be deemed a violation of this Ordinance, provided that this Subsection shall not be construed to apply to a rearrangement of equipment within an existing facility.
(Ord. 2023-02. Passed 4-17-23.)