(a) Purpose . A zoning certificate shall be required in accordance with the provisions of this section in order to ensure that proposed development and uses comply with the standards of this code, and to otherwise protect the public health, safety, and general welfare of the citizens of the City of Wooster.
(b) Terminology. For the purposes of this code, the zoning certificate review shall be an administrative review that may be applied to permits or certificates of other names (e.g., sign permits, temporary use permits, etc.) if so stated in this code. In such cases, the procedure of Section 1105.12(d), below, shall still apply, including the applicability of administrative waiver requests.
(c) Applicability.
(1) No building or other structure shall be erected, moved, structurally altered, or added to, in whole or in part, nor shall any building, structure, or land be used or changed in use without a zoning certificate issued by the Zoning Administrator. A change in tenancy or ownership of a residential dwelling unit shall be exempt from the zoning certificate requirement unless such change in tenancy changes the classification of the use.
(2) A zoning certificate may be required for the establishment of certain temporary or accessory use as established in Chapter 1113: Accessory and Temporary Use Regulations.
(3) A zoning certificate shall be required for any changes to any site element, vehicular use area, patio, or other improvements to land as may be established under the applicability sections of individual sections or chapters in this code.
(4) The establishment of a use of vacant land shall require the issuance of a zoning certificate.
(5) Unless otherwise specifically exempted in Chapter 1127: Signage, signs shall require a zoning certificate.
(6) Zoning certificates shall be issued only in conformity with the provisions of this code unless the application is subject to an approval by the BZA or Planning Commission providing for additional standards, conditions, or modifications, in which case, the zoning certificate shall be issued in conformity with the provisions of those approvals, as applicable.
(7) Failure to obtain a zoning certificate shall be a violation of this code subject to the provisions of Chapter 1133: Enforcement and Penalties.
(8) After completion of work allowed under an approved zoning certificate, the applicant shall also be required to obtain a certificate of zoning compliance demonstrating that all work was completed under the provision of the approvals and this code.
(d) Zoning Certificate Review Procedure. The review procedure for a zoning certificate shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1105.02, and with the provisions of this section.
(2) Step 2 - Zoning Administrator Review and Decision on a Zoning Certificate.
A. The Zoning Administrator may distribute the application to other staff members and other City departments to solicit comment on the zoning certificate application.
B. Within 30 days after the application is determined to be complete, the Zoning Administrator shall make a decision on the zoning certificate application. In making its decision, the Zoning Administrator may approve or deny the application. The Zoning Administrator may also approve with modifications or supplementary conditions necessary to ensure the proposed activity will be in full compliance with this code. If the application is for a sign permit in the C-4 District, requiring a COA approval, this timeline shall be extended to 75 days to allow for such review.
C. Prior to making a decision, the Zoning Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance.
D. If the Zoning Administrator fails to act within 30 days, or 75 days if applicable, from the date the application is determined to be complete, or an extended period as may be agreed upon by the Zoning Administrator and applicant, then the application shall be considered denied.
E. Where revisions are necessary for approval, the application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Zoning Administrator.
F. When the Zoning Administrator denies an application, the Zoning Administrator shall inform the applicant of the reason for the denial, including the regulation(s) which would be violated by the proposed use or development.
G. Public Improvements Required. If the installation of public improvements is required, the following requirements shall apply regardless if the development is part of a subdivision application or not:
i. A zoning certificate shall not be issued until an agreement is provided to the City to construct the required improvements.
ii. The applicant shall be required to provide a financial guarantee (See Section 1129.04(g).) in the amount of the estimated cost of the required public improvements as determined by the City Engineer.
iii. The agreement and the financial guarantee shall provide for completion of all work within a time specified to be determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.
iv. The approval of the site design plan or the installation of public improvements as required by this code shall not obligate the City to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
H. Upon issuance of a zoning certificate, the applicant may proceed with the approved work.
(3) Step 3 - Zoning Administrator Review and Decision on a Certificate of Zoning Compliance.
A. Upon completion of the work, change in occupancy, or other development approved under a zoning certificate, the applicant shall submit a request for a certificate of zoning compliance.
B. The Zoning Administrator shall confirm that all changes or work was completed in accordance with the zoning certificate and make a decision to approve the certificate of zoning compliance or require additional changes to bring the work into compliance with the approved zoning certificate.
C. No building or use may be occupied until a certificate of zoning compliance has been approved by the Zoning Administrator.
(e) Review Criteria for a Zoning Certificate. In order to approve any zoning certificate, the Zoning Administrator shall determine the following:
(1) The application complies with all applicable provisions of this code and the applicable zoning district; and
(2) The application complies with all approved plans, conditions, or other development approvals issued pursuant to the rules of this code (e.g., variances, administrative waivers, conditional uses, equivalency provision reviews, Design and Review Board decision on sign permits in the C-4 District, etc.).
(f) Administrative Waiver Requests.
(1) Applicability.
A. The Zoning Administrator may grant administrative waivers for any area or dimensional regulation that does not exceed 10 percent of the applicable minimum or maximum regulation. Area and dimensional regulations include, but are not limited to, minimum front, side, and rear yard setbacks; maximum height of structures; maximum sign height; maximum sign area, etc.
B. An administrative waiver for a minimum lot area or lot width requirement is prohibited.
C. The applicant shall be required to apply for a variance for any waiver request that exceeds 10 percent or other variations from the code that do not qualify for administrative waivers.
(2) Administrative Waiver Review Procedure and Decision.
A. Administrative waivers shall be reviewed as part of the zoning certificate review procedure.
B. In making a decision on the administrative waiver, the Zoning Administrator shall approve or deny the application.
C. In approving an administrative waiver, the Zoning Administrator may impose conditions on the approval, the proposed use, and the premises to be developed or used pursuant to such approval as he or she determines are required to ensure compliance with the standards of this section and the purpose of this code. Any conditions established by the Zoning Administrator shall relate directly to the requested administrative waiver.
(3) Review Criteria for Administrative Waivers. Decisions on an administrative waiver shall be based on consideration of the following criteria:
A. The waiver will allow the proposed development to reflect the predominant development character of surrounding similar uses and properties (e.g., similar setbacks, similar sign areas, etc.).
B. Special circumstances exist that make the precise compliance with the subject standards impractical or unreasonable;
C. The waiver request is minor in nature;
D. The waiver request does not substantially alter characteristics found in the development character of the surrounding properties; and
E. The waiver request does not deviate from the overall purpose of this code or the intent and objective of the original regulation.
(g) Time Limits.
(1) The applicant shall obtain an approved building permit, where required, and have initiated work within six months of the approval of a zoning certificate or the approval shall be revoked. The initiation of work shall be when the ground has been broken, construction on site improvements has begun, or construction of structures has begun.
(2) All work authorized by a zoning certificate shall have been completed and the certificate of zoning compliance issued within two years of the approval of a zoning certificate.
(3) Time limits for permitted temporary uses and structures shall be as authorized in Section 1113.02. An approval of a zoning certificate for a temporary use shall include the approved start and end dates for the proposed temporary use.
(4) If construction activities for which a zoning certificate has been issued is abandoned or suspended for a period of six months after the time of commencing the work, the zoning certificate approval shall be revoked. Abandonment shall be defined as the lack of building activity or progress towards achieving the scope of work defined in the zoning certificate.
(5) Upon written request, up to two extensions of six months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(6) The Zoning Administrator shall notify the application of the revocation of a zoning certificate including notice that further work as described in the canceled permit shall not proceed unless and until a new zoning certificate has been obtained or extension granted.
(7) Upon revocation of a zoning certificate approval, a new application, including all applicable fees, shall be required before a new zoning certificate application will be reviewed.
(8) The above time limits shall not apply if alternative time limits that have been approved by the Zoning Administrator, Planning Commission, Design and Review Board, or BZA, in accordance with the applicable review procedure.
(h) Revoking a Zoning Certificate. A zoning certificate shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and certificate granted thereon or the decision to approve the zoning certificate was based on false or misleading information provided by the applicant. In the event of the revocation of a certificate, an appeal may be taken to the BZA in accordance with Section 1105.13, of this code.
(i) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the right to appeal the decision to the BZA as established in Section 1105.13.
(Ord. 2018-009. Passed 5-7-18.)