(a) Zoning Certificate Required.
(1) No structure shall be placed upon or moved onto land, erected, constructed, reconstructed, converted, enlarged or structurally altered, nor shall any work be started upon same, nor shall such a building be occupied or used in whole or in part for any purpose, until a zoning certificate has been issued establishing compliance with the development standards and use requirements of this Zoning Ordinance.
(2) No material change shall be made in the use of any land or structure or part of a structure until a zoning certificate has been issued establishing that such change in use is a permitted use within the zoning district where the land or structure is located.
(b) Application Fee. In order to defray the cost of the examination of plans and inspections necessary to provide for compliance with this Zoning Ordinance and the issuance of zoning certificates, an applicant seeking a zoning certificate shall pay a fee in accordance with the fee schedule adopted and approved by City Council.
(c) Application for Zoning Certificate. Application for a zoning certificate shall be made to the Zoning Officer on a form signed by the applicant stating that the information provided is accurate and truthful.
(1) An applicant for a zoning certificate required by subsection (a)(1) hereof shall provide with his application:
A. The name, address and telephone number of the applicant, and of the owner of the property;
B. An accurate legal description of the property;
C. The existing use and proposed use of the property and the zoning district in which the property is located;
D. Two copies of the plot plan drawn to scale and showing
1. The shape and dimensions of the property with front, rear, side yard dimensions;
2. The location and dimensions of existing structures and proposed structures or alterations;
3. Means for traffic access and provisions for parking;
4. The location and description of trees and shrubs;
5. Any additional information required by the Zoning Officer to determine compliance with this Zoning Ordinance or the Zoning District Map.
(2) An applicant for a zoning certificate required by subsection (a)(2) hereof shall provide with his application:
A. The name, address, and telephone number of the applicant and of the owner of the property;
B. An accurate legal description of the property;
C. The existing use and proposed use for the property and the zoning district in which the property is located;
D. Means of traffic access and provisions for parking.
(d) Approval or Disapproval of Application.
(1) The Zoning Officer shall either approve or disapprove all applications for zoning certificates within 30 days of their filing.
(2) A zoning certificate is valid for 12 months from the date it is issued. Authority to proceed pursuant to a zoning certificate shall lapse unless the action authorized by the zoning certificate is commenced within 12 months after the zoning certificate is issued.
(3) Disapproval of an application for a zoning certificate shall be accompanied by written findings of fact by the Zoning Officer explaining the reasons for disapproval. The decision of the Zoning Officer shall be delivered by certified mail or personal service to the applicant. Except as provided in subsection (d)(4) hereof, an applicant may appeal the decision of the Zoning Officer to the Board of Zoning Appeals. Notice of appeal must be filed with the Zoning Officer within 15 days after the decision of the Zoning Officer is mailed by certified mail or personal service to the applicant at the address listed on the application.
(4) The Zoning Officer shall disapprove any application, which he determines contains information, which is clearly and demonstrably false. There is no administrative appeal from such disapproval. Should the applicant file an amended application containing correct information, it shall be treated as a new application and the Zoning Officer shall collect the filing fee established by this section.
(e) Request for Opinion. An owner of property, upon receiving a notice of an alleged violation of this Zoning Ordinance issued pursuant to Section 1107.01(f) may request an opinion from the Board of Zoning Appeals as to the existence of a violation of this Zoning Ordinance. A request for an opinion must be filed in writing with the Zoning Officer within 15 days after the Zoning Officer has completed notification pursuant to Section 1107.01(f) and the filing of a request for an advisory opinion stays any prosecution for the alleged violation.
(Ord. 01-81. Passed 1-15-02.)