(a)   The administrative provisions of this Chapter establish the procedures for reviewing and acting upon applications for zoning certificates and certificates of zoning compliance, in order to accomplish the purposes for which this Code is adopted and to assure that in the construction of new buildings, alterations or change of use, and change of occupancy, all required provisions have been complied with before occupancy.

(Ord. 2010-059. Passed 3-7-11.)

   No building or structure shall be erected, constructed, enlarged, structurally altered, or moved in whole or in part, and no use of buildings or land shall be established or changed in the City of Fairlawn prior to the issuance of a zoning certificate. A zoning certificate shall be issued only when the plans for the proposed use, building, or structure fully comply with the regulations set forth in this Zoning Code.

   (a)   A zoning certificate shall be issued under the following circumstances:

      (1)   Single-Family Detached & Two and Three-Family Dwellings and Uses Accessory Thereto. An application for a single-family detached, two-family, and three-family dwellings or use accessory thereto has been reviewed and approved by the Zoning Administrator according to the procedures of this Chapter.

      (2)   All Other Permitted Uses. An application for any other permitted use not described in subsection (a)(1) above, has been reviewed and approved by the Planning Commission or the Zoning Administrator according to the site plan review procedures set forth in Chapter 1240.

      (3)   Variance Requests. All applicable applications have been reviewed and approved according to the provisions of this Code, and a variance from a requirement of this Zoning Code has been reviewed and approved by the Board of Zoning and Building Appeals, according to the procedures set forth in Chapter 1242.

      (4)   Similar Uses. An application for any use not specifically listed in this Zoning Code as a permitted or conditional use has been reviewed and approved according to the procedures set in Chapter 1241, Procedures for Conditional Use and Similar Use Approval. If the similar use is classified as a conditional use by the Planning Commission, an application for a conditional use shall be reviewed and approved, as required by this Zoning Code, prior to a zoning certificate being issued.

   (b)   Applications for zoning certificates are available in the Office of the Zoning Administrator. A completed application form accompanied by all other applicable submission requirements shall be submitted to the Zoning Administrator.

   (c)   Expiration of Zoning Certificate. Zoning certificates shall be valid for a period of one hundred-eighty (180) days, during which period a building permit shall be obtained, if one is required.

      (1)   Construction shall begin under the authority of a building permit within six (6) months from the date of the issuance of such permit. Such timeframe may be extended up to six (6) months by the Zoning Administrator.

      (2)   Construction of the project shall be completed within two (2) years, unless an extension has been applied for and granted by the Planning Commission.

      (3)   If the time limitations provided in subsections (1) and (2) hereof have not been complied with and if, as a consequence the zoning certificate in question has been voided by the Zoning Administrator, the same shall be invalid and a re-application for a re-issuance of a new zoning certificate shall be required to accomplish the purpose for which the original certificate was issued or applied for. The re-application shall be accompanied by the appropriate fee.

   (d)   No zoning certificate for excavation, construction, or reconstruction shall be issued unless the plans, specifications, and the intended use or occupancy conform to the provisions of this Zoning Code.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Submission of Applications. An application for the construction or alteration of a single- family detached dwelling, a two-family dwelling, a three-family dwelling or use accessory thereto shall include the items set forth below:

      (1)   The completed application form, along with the application fee as established by the City.

      (2)   One copy of a general vicinity map.

      (3)   A plot plan showing the following. Such plans shall be legibly drawn to scale and shall be based on an accurate survey.

         A.   Zoning District;

         B.   Property boundary lines and the exact dimensions and area of the lot to be built upon or utilized;

         C.   Right-of-way of adjacent streets;

         D.   Location, dimensions, height, and bulk of all structures to be erected or altered;

         E.   The existing and intended use(s) of all land, buildings, and structures;

         F.   Dimensions of yards, setbacks, driveways, and parking areas;

         G.   Location and use of buildings and adjoining lots within one hundred (100) feet of all property lines;

         H.   Location and dimension of any easements and use of the easement;

         I.   Lot numbers of the concerned and abutting properties;

         J.   Each plan shall bear statements declaring that no part of the land involved in the application has been previously used to provide required setbacks or lot area for another structure;

         K.   Preliminary architectural plans for the proposed development or use showing exterior elevations and building floor plans, site construction materials, prepared and certified by a qualified Ohio design professional;

         L.   Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application; and,

         M.   Any other pertinent data as may be necessary to determine and provide for the enforcement of this Zoning Code.

   (b)   Review for Completeness. The Zoning Administrator shall review each submitted application to determine compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant, within fourteen (14) days of receiving such application, of necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made.

   (c)   Action by Zoning Administrator. The Zoning Administrator shall evaluate the application for compliance with the applicable Zoning Code provisions within thirty (30) days from the date it was determined to be complete. In evaluating the application, the Zoning Administrator may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Zoning Code.

   (d)   Following the Zoning Administrator's review, the Zoning Administrator shall either:

      (1)   Approve. The Zoning Administrator shall issue a zoning certificate upon finding that the building, structure or use, as proposed, complies with the provisions of this Zoning Code; or,

      (2)   Deny. If it is determined by the Zoning Administrator that the proposed building, structure or use would violate one (1) or more provisions of this Zoning Code, then the zoning certificate shall not be issued. The Zoning Administrator shall state on the application the reason for the denial, including the regulation(s) which would be violated by the proposal, and shall transmit one (1) copy thereof to the applicant along with one (1) copy of the plot plan, signed, dated and noted as disapproved, retaining the original application for the City's permanent record.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Excavation for building site improvements shall not be started, and buildings or structures, or parts thereof, shall not be erected, altered or moved, until a building permit has been applied for and issued by the appropriate authority.

   (b)   Approval of Site Plans. Whenever such a plan has been submitted by the developer as required by this Zoning Code, the preliminary site plan and final site plan of the development area shall have been approved by the Planning Commission, and, if a variance is required, by the Board of Zoning and Buildings Appeals, as required by this Code, before a building permit may be issued by the appropriate authority.

   (c)   Seeking a Building Permit. Applicants for building permits for multiple-family, “B” and “M” uses shall not seek a building permit from the appropriate authority until such authority has received a valid, Zoning Certificate from the City of Fairlawn, OH.

(Ord. 2010-059. Passed 3-7-11.)

   No land, new building, or structure shall be occupied or used, in whole or in part, and no change in the use or occupancy of an existing building or structure, or any part thereof, shall be permitted, until a Certificate of Zoning Compliance has been applied for and issued by the Zoning Administrator. A Certificate of Zoning Compliance shall also be required prior to the use or occupancy of any building or land, if Section 1238.02, Zoning Certificate Required, requires said land or building to apply for and receive a Zoning Certificate.

   (a)   Certificate of Zoning Compliance shall be applied for and issued as follows:

      (1)   Occupancy of a Building. A Certificate of Zoning Compliance shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, changed in tenancy, or changed as to off-street parking or loading requirements may be occupied. A Certificate of Zoning Compliance shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection, to conform with the provisions of this Zoning Code and any other applicable City regulations, policies, and specifications.

      (2)   Occupancy of Land. A Certificate of Zoning Compliance shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A Certificate of Zoning Compliance shall be issued when it is determined, upon inspection, that the use conforms with the provisions of this Zoning Code.

      (3)   Change in Use of Nonconforming Building or Use. A Certificate of Zoning Compliance shall be required whenever a nonconforming building, structure, or land is changed to another nonconforming use, and shall not be issued until the Board of Zoning and Building Appeals has approved the change in accordance with the provisions of Chapter 1286, Nonconforming Uses, Lots, and Structures.

   (b)   An application for Certificate of Zoning Compliance shall include, in addition to the plans required for the Zoning Certificate, accurate information as to the size, location, drawings and description of the lot, the dimensions of yards, setbacks, and the use of land.

   (c)   The use and/or development of a building or land shall be inspected by the Zoning Administrator upon application for a Certificate of Zoning Compliance, by the owner or his agent, to determine whether such use conforms to all provisions of this Zoning Code, or if it is a lawfully existing nonconforming use.

   (d)   Action by Zoning Administrator. The Zoning Administrator shall evaluate the application and approve or deny it within fourteen (14) days from the date the completed application was submitted. In evaluating the application, the Zoning Administrator may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Zoning Code. Following the Zoning Administrator review:

      (1)   Approve. The Zoning Administrator shall issue a Certificate Zoning of Compliance upon finding that the building, structure or use, as proposed, complies with the provisions of this Zoning Code, if the performance guarantees have been provided, as applicable.

      (2)   Denial. If it is determined by the Zoning Administrator that the proposed building, structure or use would violate one (1) or more provisions of this Zoning Code, then the Certificate of Zoning Compliance shall not be issued. Upon disapproval of any application, the Zoning Administrator shall notify the applicant in writing of the reasons for disapproval.

      (3)   Temporary Certificate of Zoning Compliance. When unforeseen events prevent the timely completion of a building, site improvements, or a structure pursuant to the requirements of the Planning Commission and this Code, the Zoning Administrator may issue a Temporary Certificate of Zoning Compliance for a period not to exceed sixty (60) days upon the following conditions:

         A.   The Zoning Administrator shall first inspect the building or structure and document the items that remain unfinished;

         B.   The Zoning Administrator shall estimate the cost of completion;

         C.   The owner of the building or structure and the owner of the real property shall post a cash, surety bond, or other performance guarantee with the City of Fairlawn in an amount equal to the estimate plus ten percent (10%) but not less than fifty thousand dollars ($50,000.00);

         D.   The owner of the building or structure and owner of the real property shall sign an agreement with the City of Fairlawn agreeing to forfeit the cash, surety bond, or other performance guarantee to the City if the documented items remain unfinished at the conclusion of the agreed time period and to pay a fine of one hundred dollars ($100.00) per day for each day the documented items remain unfinished beyond the agreed upon time period and such other conditions the Zoning Administrator believes to be in the best interest of the City;

         E.   The City of Fairlawn Finance Director shall certify any portion of the fine that remains unpaid, including interest, to the County of Summit Fiscal Office to be entered onto the tax duplicate of the county as a special assessment against the real estate at issue.

   (e)   Certification. The Certificate of Zoning Compliance shall document that the building, site and/or proposed use of land or building conforms to the provisions of this Zoning Code.

   (f)   Records. A record of all applications and certificates issued shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Fees to reasonably cover the costs associated with administering this Zoning Code will be established by City Council.

   (b)   The Zoning Administrator is hereby authorized to collect such fee as is appropriate prior to processing any application or issuing any certificate, for which fees are required, and shall make a proper accounting thereof to the Director of Finance.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Waivers. All requirements for fees shall be waived in the case of any application or appeal by or on behalf of the City of Fairlawn, the County of Summit, the State of Ohio, the Copley-Fairlawn City School District, the United States of America or any agency of such governmental or educational entities.

(Ord. 2010-059. Passed 3-7-11.)