(a) Required. Unless the Board of Zoning Appeals has granted a variance, no owner shall use, change the use of or permit the use of any structure, building, land or site, or part thereof, existing or hereafter created, erected, changed, converted or enlarged, wholly or partly, until a Determination of Permissible Use Certificate, which may be a part of the building permit, has been issued by the Zoning Officer. Such Determination of Permissible Use Certificate shall show that such building or premises, or part thereof, and the proposed use thereof, are in conformity with this Zoning Code. The Zoning Officer shall issue a Determination of Permissible Use Certificate, provided that he or she is satisfied that the structure, building or premises, the proposed use thereof and the proposed methods of water supply and disposal of sanitary waste conform with all applicable requirements of this Zoning Code, and when approval of grading, drainage and other site design plans has been given in writing to the Zoning Officer from the Municipal Engineer.
(b) Excavation permits. No permit for excavation or construction shall be issued by the Building Commissioner unless the plans, specifications and intended use conform, to this Zoning Code or a variance granted by the Board of Zoning Appeals, and until written approval of the excavation has been received from the Municipal Engineer.
(c) Application; plans. Every application for a Determination of Permissible Use Certificate shall be required for:
(1) A new building;
(2) An addition to an existing building;
(3) Changes to an existing site;
(4) Use of vacant land; or
(5) A change of owner or lessee for nonresidential premises.
And shall be accompanied by:
(1) Plans in the number specified by this Zoning Code or by the Zoning Officer where such number may not exist;
(2) Drawn to scale in black line or blue print, showing:
A. The actual shape and dimensions of the lot to be built upon or to be changed in use, in whole or in part;
B. The exact location, size and height of any building or structure to be erected or altered;
C. In the case of a proposed new building or structure or proposed alteration of an existing building or structure as would substantially alter its appearance;
D. Drawings or sketches showing the front, side and rear elevations of the proposed building or structure, or as the structure as it will appear after the work for which a permit is sought has been completed, shall be provided.
(3) The existing and intended use of each building or structure or part thereof;
(4) The number of families or housekeeping units the building is designed to accommodate and, when no buildings are involved, the location of the present use and proposed use to be made of the lot; and
(5) Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Code shall be shown on the plans.
One copy of such plans shall be returned to the owner when such plans have been approved by the Zoning Officer, together with such Determination of Permissible Use Certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey, and each survey submitted, including a topographical survey if required or requested, shall be prepared by and bear the seal of a surveyor registered in the State of Ohio. The lot and the location of the building thereon shall be staked out on the ground before construction is started. A Determination of Permissible Use Certificate shall be posted in a conspicuous place at the site to which it refers visible from the public right-of-way.
(d) Time limit for issuance or denial. The Zoning Officer shall act upon all such applications within 30 days after they are filed in full compliance with all applicable requirements. The Zoning Officer shall either issue a Determination of Permissible Use Certificate within 30 days or shall notify the applicant, in writing, of the refusal of such certificate and the reasons therefore. Failure to notify the applicant of such refusal within such 30 days shall entitle the applicant to a Determination of Permissible Use Certificate, unless the applicant consents to an extension of time.
(e) Failure to commence work. A Determination of Permissible Use Certificate which has been issued for which no work has commenced within six months after issuance thereof, shall expire by limitation, and where work is commenced and then abandoned for one year, the Zoning Officer or authorized representative shall order the incomplete structure to be removed by the owner. Upon failure of the owner to remove the same within six months, such owner may be guilty of a misdemeanor and subject to the penalty contained in Chapter 1299, Violations, Remedies and Fees.
(Ord. 17-2013, passed 9-24-2013)