(a) Zoning Certificate Required for Sexually Oriented Business.
(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 Planning and Zoning Code and the issuance of a zoning certificate for a sexually oriented business, an applicant seeking a zoning certificate for a sexually oriented business shall pay a fee in accordance with the fee schedule adopted and approved by City Council.
(c) Application for Sexually Oriented Business Zoning Certificate. Application for a zoning certificate pursuant to this Section shall be made to and on a form provided by the Zoning Officer, and shall be signed by the applicant stating that the information provided is accurate and truthful to the best of his knowledge.
(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;
E. A site plan if required by Chapter 1108 of the Planning and Zoning Code.
(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.
(3) An applicant for a sexually oriented business zoning certificate is entitled to an expedited review and appeal process as set forth in subsections (d) through (f) of this Section. To select the expedited review and appeal process, the applicant must include the following language in bold, capital letters at the top of the first page of the application: “EXPEDITED APPLICATION.” If such language is not included, the application will be subject to the standard review and appeal procedures as set forth in Sections 1107.02(d), 1107.03, 1107.06, 1107.07 and 1107.08 of this Chapter, and subsections (d) through (f) below are not applicable.
(d) Approval or Disapproval of Expedited Application for Sexually Oriented Business Zoning Certificate.
(1) The Zoning Officer shall either approve or disapprove an expedited application for a zoning certificate within ten (10) days of its proper filing. The decision of the Zoning Officer shall be delivered by personal service or certified mail, return receipt requested, to the applicant at the address listed on the application. 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 Zoning Officer shall also send a copy of the decision to the City Manager and the Chief of Police.
(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) An applicant may appeal the decision of the Zoning Officer directly to the Board of Zoning Appeals (“BZA”). If the applicant desires to appeal the Zoning Officer’s decision, the applicant shall file a Notice of Appeal with the Zoning Officer and with the City Clerk within five (5) days of the applicant’s receipt of such decision.
(e) Expedited Appeal to Board of Zoning Appeals.
(1) Notice; hearing. Within ten (10) working days of the receipt of the Notice of Appeal, the BZA shall conduct a hearing at which the applicant shall have the opportunity to appear and be heard in person, or by the applicant’s attorney, in opposition to the denial of the zoning certificate, and do any and all of the following: (i) present the applicant’s position, arguments and contentions; (ii) offer and examine witnesses and present evidence; (iii) cross-examine witnesses, including but not limited to the Zoning Officer and/or his designees, purporting to refute the applicant’s position, arguments and contentions; (iv) offer evidence to refute evidence and testimony offered in opposition to the applicant’s position, arguments and contentions; and (v) proffer any such evidence into the record, if the admission is denied by the BZA. All testimony shall be given under oath. The BZA shall have the power to subpoena witnesses or evidence and shall make such power available to the applicant. The BZA shall have a complete record of the adjudication kept, including any evidence admitted or proffered. The City Clerk shall notify the applicant, in writing, by personal delivery, or by certified mail, return receipt requested, of the hearing date within three (3) days of the receipt of the applicant’s Notice of Appeal. If a Notice of Appeal is not received from the applicant by the City Clerk in the time stated or, if after the hearing the BZA finds that grounds as specified in the Planning and Zoning Code exist for denial of the zoning certificate, then such action shall become final and the City Clerk shall send notice of such to the applicant, by written decision describing the basis for the denial, within five (5) working days of the hearing. Such notice shall be sent by personal delivery, or by certified mail, return receipt requested. Such notice shall include a statement advising the applicant of the right to appeal such decision to a court of competent jurisdiction. If the BZA finds that no grounds exist for denial of a zoning certificate, then the City Clerk shall so notify the applicant in writing by personal delivery, or by certified mail, return receipt requested, of such action and the Zoning Officer shall immediately issue the applicant a zoning certificate.
(f) Appeal to Court of Competent Jurisdiction; Issuance of Temporary Zoning Certificate. When a decision to deny a zoning certificate becomes final, the applicant whose application for a zoning certificate has been denied shall have the right to appeal such action to a court of competent jurisdiction pursuant to Ohio Revised Code Chapter 2506. Upon the filing of an appeal of a final denial of an application for a sexually oriented business zoning certificate by the applicant, the Zoning Officer shall, within two (2) business days of notification thereof, issue a temporary zoning certificate to the applicant. Such temporary zoning certificate shall be effective pending the entry of a final judgment on the appeal by a court of competent jurisdiction. The temporary zoning certificate shall be in all other respects subject to the applicable provisions of the Planning and Zoning Code.
(Ord. 01-31A. Passed 6-19-01.)