(a) Sequence of Steps. Under the terms of this Zoning Ordinance, all new construction, alterations and changes in type of occupancy must be made in conformance with the requirements contained herein. All persons desiring to undertake such new construction, alterations or changes shall conform to the following general procedure, as well as to all other applicable provisions of this Ordinance.
(1) Application for zoning permit. Applicant applies to the Zoning Officer for a zoning permit by filling out the appropriate application and by submitting the required fee.
(2) Issuance of zoning permit. If the action proposed in the application is in accord with the regulations contained in this Ordinance, a zoning permit will be issued by the Zoning Officer either on his own authority or, in certain cases as described in subsection (b) hereof, after referral to the Board of Zoning Appeals or to the Planning Commission.
(3) Action in accordance with zoning permit. After receipt of the zoning permit the applicant may proceed to undertake the construction, alteration or change in use permitted by the zoning permit.
(4) Application for occupancy permit. After completion of the construction, alteration or change in use, and before occupancy takes place on the premises, the applicant shall apply to the Zoning Officer for an occupancy permit stating that the completed action is in accord with the zoning permit.
(5) Inspection by zoning officer. The Zoning Officer inspects the premises and issues an occupancy permit if he finds the action has occurred in accordance with the zoning permit.
(6) Issuance of occupancy permit. The receipt of the occupancy permit by the applicant ensures him the right to continue the use as approved.
(b) Zoning Permit Types. Under the terms of this Zoning Ordinance, four general classes of zoning permits may be issued under which compliance with this Ordinance may occur. Each of these classes requires a different procedural action as described below:
(1) Principal permitted uses. An application for a zoning permit for a "principal permitted use" in a zoning district requires only the review of the Zoning Officer, who determines whether the proposed construction, alteration or change in use is in accordance with the requirements of this Ordinance. The Zoning Officer then either issues or refuses to issue a zoning permit according to his decision.
(2) Special uses. An application for a zoning permit for a "special use" must be referred to the Board of Zoning Appeals and to the Planning Commission by the Zoning Officer. The Zoning Officer is not empowered to make an independent decision on this matter, although he may submit recommendations to the Board of Zoning Appeals and to the Planning Commission. The Planning Commission reviews the application and analyzes the proposed special use to determine compliance with the provisions of this Ordinance. The Planning Commission then gives its recommendations to the Board of Zoning Appeals who meets and makes a final decision on the special use. The Board
of Zoning Appeals then notifies the Zoning Officer to either issue or refuse a zoning permit accordingly.
(3) Zoning permit after an appeal. The applicant may appeal to the Board of Zoning Appeals any action taken by the Zoning Officer or by any other administrative official or board charged with the enforcement of this Ordinance by submitting an application for an appeal to the Zoning Officer and to the Secretary of the Board of Zoning Appeals. The Board gives notice of the date for a public hearing and reviews the application to determine if the appeal should be granted. After the public hearing, and after reaching its decision, the Board of Zoning Appeals can order the Zoning Officer to either issue or refuse a permit accordingly.
(4) Permit after a variance request. Where the applicant feels that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Ordinance he may appeal for a variance by submitting an application requesting such variance to the Zoning Officer and to the Secretary of the Board of Zoning Appeals. The Board gives notice of the date for a public hearing and reviews the application. After the public hearing and reviews and after reaching its decision, the Board can order the Zoning Officer to issue or refuse a zoning permit accordingly. (5-16-67)