Newton Falls City Zoning Code
CHAPTER 1157
Administration
1157.01 ZONING ENFORCEMENT OFFICIAL AND DUTIES.
(a) Zoning Enforcement Official. This ordinance shall be administered and enforced by the Zoning Administrator of the City of Newton Falls with the assistance of any other persons the City Council may direct.
(b) Duties of the Zoning Administrator and His Designated Representative.
(1) The duties of the Zoning Administrator shall include receiving applications, issuing Zoning Certificates, inspecting premises, issuing Certificates of Occupancy for uses and structures that meet the requirements of this ordinance, and other actions to assure conformance with this ordinance.
(2) If the Zoning Administrator or his designated representative shall find that any of the provisions of the ordinance are being violated, he shall notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal uses of land, buildings, or structures, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
1157.02 ZONING CERTIFICATE AND APPLICATION PROCEDURE.
(a) Zoning Certificate.
(1) No land shall be used or occupied and no land shall be excavated or graded and no building or other structure shall be erected, structurally altered, added to or moved until a Zoning Certificate shall have been issued in conformance with the provisions of this ordinance by the Zoning Administrator.
(2) A record of all Zoning Certificates issued shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished, on request, to persons having a proprietary or tenancy interest in the building or land involved.
(b) Application Procedure.
(1) Application for a Zoning Certificate shall be made prior to grading, construction, alteration, moving of any structure, or change of land use.
(2) In addition to any other regulations set forth in the zoning ordinance, an application for a zoning certificate shall be subject to the conditions of the Drainage Ordinance, as well as the Flood Protection Areas Ordinance.
(3) Each application for a Zoning Certificate shall be accompanied by 2 copies of a plan drawn to a scale of not less than 100 feet to 1 inch. The plan shall show: the shape and dimensions of the lot on which the proposed building or use is to be erected or conducted, the location of the lot with respect to adjacent rights-of-way, setback lines of buildings on adjoining lots; the shape, dimensions, and location of all buildings, existing and proposed on the lot; the nature of the proposed use of the building or land; the location and dimensions of off-street parking; the means of ingress an egress to such space; and any other information the Zoning Administrator may deem necessary for consideration in enforcing the provisions of this ordinance.
(c) Issuance of Zoning Certificate. If the proposed plan conforms with the provisions of this ordinance, the Zoning Administrator shall issue a Zoning Certificate and return 1 copy of the plan to the applicant. The Zoning Administrator shall mark the plan as approved and attest to the same by his signature or his designated representative. All new construction or commercial permits will also be signed by the Zoning Inspector. The second copy of the plan, similarly marked, and a copy of the Zoning Certificate shall be retained by the Zoning Administrator.
(d) Expiration of Zoning Certificate. If the work described in any Zoning Certificate has not been substantially completed within six months of the date of issuance or if a vacant parcel of land for which a Zoning Certificate has been issued is not used for the purpose for which the permit was issued within six months of the date of issuance, the permit shall expire and be cancelled by the Zoning Administrator. Written notice shall be given to the persons affected together with notice that further work as described in the cancelled permit shall not proceed unless and until a new Zoning Certificate has been obtained.
1157.03 CERTIFICATE OF OCCUPANCY FOR NEW, ALTERED OR NON- CONFORMING USES.
(a) Certificate of Occupancy.
(1) It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or part hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of Occupancy shall have been issued by the Zoning Administrator stating that the proposed use of the building or land complies with the provisions of this ordinance.
(2) No nonconforming structure or use shall be maintained, renewed, changed, or extended until a Certificate of Occupancy shall have been issued by the Zoning Administrator. The Certificate shall state specifically how the nonconforming use differs from the provisions of this ordinance provided that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or structures shall have 6 months to apply for certificates. Failure to make such application within 6 months shall be presumptive evidence that the property was a conforming use at the time of enactment of this ordinance.
(3) A record of all Certificates of Occupancy issued shall be dept on file in the office of the Zoning Administrator, and copies shall be furnished on request to persons having a proprietary or tenancy interest in the building or land involved.
(b) Application Procedure. The Certificate of Occupancy shall be issued after verification of the erection, move, or structural alteration of any building or change in use of any premises shall have been competed in conforming with the provisions of this ordinance.
(c) Temporary Certificate of Occupancy. A temporary Certificate of Occupancy may be issued by the Zoning Administrator for a period not exceeding 6 months during alterations or partial occupancy of a building pending the completion, or for bazaars, carnivals and such provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the general public.
(d) Failure to Obtain Certificate of Occupancy. Failure to obtain a Certificate of Occupancy shall be a violation of this ordinance and punishable under Section 1163.99.
1157.04 CONSTRUCTION AND USE TO BE PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF OCCUPANCY.
Zoning Certificates or Certificates of Occupancy issued on the basis of plans and applications approved by the Zoning Administrator authorizing only the use, arrangement, and construction set forth in such approved plans and any unauthorized use, arrangement or construction shall be deemed a violation of the ordinance and punishable as provided by Section 1163.99.
1157.05 RIGHT OF APPEAL.
If the request for a Zoning Certificate is disapproved or if a Certificate of Occupancy is denied, the applicant may appeal the action of the Zoning Administrator to the Planning and Zoning Commission.