No land, new building, or structure shall be occupied or used, in whole or in part, and no change in the use of an existing building or structure, or any part thereof, shall be permitted, until a Certificate of Zoning Compliance has been applied for and issued by the Zoning Administrator. A Certificate of Zoning Compliance shall also be required prior to the use or occupancy of any building or land, if § 150.633, Zoning Permit Required, requires said land or building to receive a Zoning Permit.
(A) Certificate of Zoning Compliance shall be applied for and issued as follows:
(1) Occupancy of a Building. A Certificate of Zoning Compliance shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, changed in tenancy, or changed as to off-street parking or loading requirements may be occupied. A Certificate of Zoning Compliance shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection, to conform to the provisions of this Zoning Code and any other applicable Village regulations, policies, and specifications.
(2) Occupancy of Land. A Certificate of Zoning Compliance shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A Certificate of Zoning Compliance shall be issued when it is determined upon inspection that the use conforms to the provisions of this Zoning Code.
(3) Change in Use of Nonconforming Building or Use. A Certificate of Zoning Compliance shall be required whenever a nonconforming building, structure, or land is changed to another nonconforming use, and shall not be issued until the Planning Commission has approved the change in accordance with the provisions of Article 150.41 Nonconforming Uses, Lots, Building, and Sites.
(B) An application for Certificate of Zoning Compliance shall include, in addition to the plans required for the Zoning Permit, accurate information as to the size, location, drawings and description of the lot, the dimensions of yards and setbacks, the use of land, and the application fee.
(C) After receiving an application for a Certificate of Zoning Compliance, the Zoning Administrator shall inspect the premises to determine whether such use/construction conforms to all provisions of this Zoning Code and the approved final development plan as applicable, or if it is a lawfully existing nonconforming use.
(D) Action by Zoning Administrator. The Zoning Administrator review the application. In evaluating the application, the Zoning Administrator may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Zoning Code. Following the Zoning Administrator’s review, the Zoning Administrator shall:
(1) Approve. The Zoning Administrator shall issue a Certificate Zoning of Compliance upon finding that the building, structure or use, as proposed, complies with the provisions of this Zoning Code, if the maintenance and performance guarantees have been provided, as applicable.
(2) Denial. If it is determined by the Zoning Administrator that the proposed building, structure or use would violate one or more provisions of this Zoning Code, then the Certificate of Zoning Compliance shall not be issued. Upon disapproval of any application, the Zoning Administrator shall notify the applicant in writing of the reasons for disapproval.
(3) Temporary Certificate of Zoning Compliance. Pending the issuance of a permanent Certificate of Zoning Compliance, a temporary certificate may be issued, to be valid for a period not to exceed (6) six months from its date, pending the completion of any required improvements, provided a performance guarantee has been provided to the Village from a banking institution of sufficient amount to cover the estimated cost of materials and labor and in a form acceptable to the Village Solicitor.
(E) Construction Staking Field Verification and Certification.
(1) For all construction requiring a zoning permit, prior to the start of any construction activity, the contractor installed construction staking indicating the perimeter of the structure must be physically verified that it is in compliance with any and all setback requirements expressed in this code.
(2) This field inspection shall be performed by a surveyor/civil engineer currently registered in the State of Ohio.
(3) Construction shall not commence until the field inspection is performed and a copy of the site plan bearing the signature, stamp/seal of the surveyor/civil engineer doing the field verification is received by the Zoning Inspector and a permit issued.
(4) All costs associated with such inspection/certification shall be borne and paid for by the property holder or his agent along with any fees for the zoning permit. Proof of payment shall be presented to the Zoning Inspector along with the permit application.
(Ord. 2023-03, passed 2-27-2023; Ord. 2023-19, passed 11-13-2023)