(a) Zoning Certificate Required. No building or other structure, except as provided for in this Code, shall be erected, constructed, reconstructed, enlarged, moved or structurally altered, nor shall any excavation or site improvements be commenced, nor shall any existing structure or zoning lot be occupied by a new commercial or industrial use until a zoning certificate has been applied for and received by the owner of the property involved or a person having an interest in such property and acting under written authority of the owner, and/or condominium association, if applicable, and such certificate has been issued by the Planning Director. A zoning certificate shall be issued only when:
(1) The Planning Director finds that all applicable requirements and standards of this Code have been complied with.
(2) A site plan as required in this Code has been approved by Council based upon a recommendation by the Planning Commission according to the procedures set forth in Section 1137.03.
(3) A conditional use has been approved by Council based upon a recommendation by Planning Commission according to the procedures set forth in Section 1137.04. Approval by Council shall authorize the Planning Director to issue a conditional use certificate in compliance with said approval. Such conditional use certificate shall set forth any conditions, stipulations, safeguards and variances that have been approved by Planning Commission and Council. The Conditional Zoning Certificate may be transferred to a new property owner or person having an interest in such property for a similar use provided they agree to any applicable conditions, stipulations or safeguards included in the original conditional zoning certificate.
(4) A request for a variance from a numerical standard pertaining to single-family has been approved by the Board of Zoning and Building Appeals in accordance with the limitations, procedures and requirements of Section 1137.06(b).
(5) The Planning Commission has made a determination and Council has confirmed in accordance with the procedures in Section 1137.07 that a proposed use is substantially similar to a principal or conditionally permitted use in the zoning district in which such use is located.
(Ord. 2011-121. Passed 1-12-12.)
(b) Submission of Applications for Zoning Certificates. Application forms for zoning certificates shall be available in the office of the Planning Director. All completed applications accompanied by the required fee and all other applicable submission requirements established in this chapter shall be submitted to the Planning Director.
(c) Review for Completeness by Planning Director. Upon receipt of an application, the Planning Director shall within a reasonable period review the application and any accompanied proposed plan for completeness and compliance with all applicable technical requirements of the Zoning Code. If the requirements have not been satisfied, the application is returned to the applicant with the deficiencies noted, and such application shall not be further processed until determined complete by the Planning Director.
(d) Transmittal to Planning Commission. When an application for a zoning certificate requiring review by the Planning Commission and Council has been determined complete, it shall be transmitted to the Planning Commission to begin the appropriate review process established in this chapter.
(e) Expiration of Zoning Certificates. A zoning certificate shall become void at the expiration of one year after the date of issuance unless construction is begun. If no construction is begun or use changed within one year of the date of the certificate, a new application and certificate shall be required. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan shall have been completed. Construction shall be completed within 12 months of project commencement for residential projects and within 18 months for commercial and industrial projects.
(Ord. 2007-222. Passed 1-10-08.)