(A) Zoning permit required. No building or other structure shall be erected, moved, added to, or structurally altered; nor shall any building, structure or land be established or changed in use according to zoning category, wholly or partly, until a zoning permit, which may be a part of a building permit, shall have been issued by the Building and Zoning Inspector. Such zoning permit shall show that such building or premises or a part thereof, and the property use thereof, are in conformity with the provisions of this chapter.
(B) Conditions under which a zoning permit is required. A zoning permit is required for any of the following:
(1) Construction or structural alteration of any building, including accessory buildings.
(2) Change in use of an existing building or accessory building to a use not listed as a permitted use in the zoning district where the building is located.
(3) Occupancy and use of vacant land.
(4) Change in the use of land to use not listed as a permitted use in the zoning district where the land is located.
(C) Application for zoning permit.
(1) Three copies of an application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and shall be revoked if work has not begun within one year, and substantially completed within 2½ years. At a minimum, the application shall contain the following information:
(a) Name, address, and telephone number of the applicant.
(b) Legal description of property, as recorded in Fayette County Recorder's office.
(c) Existing use.
(d) Proposed use.
(e) Zoning district in which property is located.
(f) Plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact dimensions and location of existing buildings of the lot, if any; and the location and dimensions of the proposed building(s) or alteration.
(g) Height of proposed buildings.
(h) Number and dimensions of existing and proposed off-street parking or loading spaces.
(i) Number of proposed dwelling units.
(j) In every case where the lot is not provided with public water supply and/or disposal of sanitary wastes by means of public sewers, the application shall be accompanied by an approval by the Fayette County Health Department of the proposed method of water supply and for disposal of sanitary wastes prior to approval by the Zoning Inspector.
(k) Such other material as may be requested by the Building and Zoning Inspector to determine conformance with, and provide for the enforcement of this chapter.
(2) Where complete and accurate information is not readily available from existing records, the Building and Zoning Inspector may require the applicant to furnish a survey of the lot by a registered surveyor.
(D) Approval of zoning permits. Within 30 days after the receipt, the application shall be either approved or disapproved by the Building and Zoning Inspector, in conformance with the provisions of this chapter, unless the provisions of division (E) of this section are applicable. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the application shall be returned to the applicant by the Building and Zoning Inspector, after such copy is marked as either approved or disapproved and attested to same by the signature of the Building and Zoning Inspector, or his/her designated agent on such copy. In the case of disapproval, the Building and Zoning Inspector shall state on the returned plans the specific reasons for disapproval. Two copies of plans, similarly marked, shall be retained by the Building and Zoning Inspector. One copy retained by the Zoning Inspector shall be forwarded to the County Auditor upon issuance of a Certificate of Occupancy along with one copy of the application. The Building and Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alternation is in conformance with the provisions of this chapter.
(E) Submission to the Director of the Department of Transportation. Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the Department of Transportation, or any land within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the Building and Zoning Inspector shall give notice, by registered or certified mail to the Director of the Department of Transportation. The Building and Zoning Inspector shall not issue a zoning permit for 120 days from the date the notice is received by the Director of the Department of Transportation. If the Director of the Department of Transportation notifies the Building and Zoning Inspector that he shall proceed to acquire the land needed, then the Building and Zoning Inspector shall refuse to issue the zoning permit. If the Director of the Department of Transportation notifies the Building and Zoning Inspector that acquisition at this time is not in the public interest thereof agreed upon by the Director of the Department of Transportation and the property owner, the Building and Zoning Inspector shall, if the application is in conformance with all provision of this chapter, issue the zoning permit in conformance with the provisions of division (D) of this chapter.
(F) Record of zoning permit. A record of all zoning permits shall be kept on file in the Office of the Building and Zoning Inspector, or his designee, and copies shall be furnished upon request to any persons having proprietary or tenancy interest in the building or land affected.
(G) Expiration of zoning permits. If the work described in any zoning permit has not begun within one year from the date of issuance thereof, or has not been completed within 2½ years from the date of issuance thereof, the permit shall expire; it shall be revoked by the Building and Zoning Inspector, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new zoning permit has been obtained or extension granted by the Board of Zoning Appeals.
(H) Void zoning permit.
(1) A zoning permit shall be void if any of the following conditions exist:
(a) The zoning permit was issued contrary to the provisions of this chapter by the Building and Zoning Inspector.
(b) The zoning permit was issued based upon a false statement by the applicant.
(c) The zoning permit has been assigned or transferred.
(2) When a zoning permit has been declared void for any of the above reasons by the Board of Zoning Appeals pursuant to § 156.221 of this chapter, written notice of its revocation shall be given by certified mail to applicant, and sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure, or land cease unless, and until, a new zoning permit has been issued.
(Ord. 34-90, passed 12-26-90)