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Swanton City Zoning Code

ARTICLE 150

63 ZONING PERMITS AND CERTIFICATES

§ 150.631 INTENT.

   In order to accomplish the purposes for which this Zoning Code is adopted, it is essential that its regulations be soundly and consistently applied, and that this Code be vigorously enforced. This article stipulates the general procedures to be followed in obtaining zoning approval.
(Ord. 2023-03, passed 2-27-2023)

§ 150.632 GENERAL PROVISIONS FOR APPLICATION FILING.

   The requirements of this section shall apply to all applications and review procedures set forth in this Zoning Code, unless otherwise stated.
   (A)   Applicant. A person having legal authority to take action in accordance with the approval sought shall file an application for review in accordance with this Zoning Code. Persons having such legal authority include the legal owner of the premises and the legal owner’s representative who has express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
   (B)   Zoning Application Required. Prior to Filing Application for a Building Permit. All applicants for commercial and industrial construction shall submit an application for zoning permit review and approval prior to submitting for state building plan approval.
   (C)   Application Filing Requirements. Applications required under this Zoning Code shall be submitted in a form and in such numbers as established by the Zoning Administrator and shall be accompanied by:
      (1)   An application form provided by the Village, completed and signed by the applicant.
      (2)   The appropriate information, plans, studies and other documents that are required by this Zoning Code based on the type of application submitted. Such list of filing submission requirements shall be made readily available to the public.
      (3)   Payment of fee(s). Applications shall be accompanied by the fee required in the Official Village of Swanton Zoning Code Fee Schedule as established by the Swanton Village Council. The schedule of fees shall be available at Village Hall, and may be altered or amended only by Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure that is referred to the Planning Commission for review. For all other applications, the zoning permit or certificate of zoning compliance shall not be issued until all fees have been paid in full.
   (D)   Application Filing Deadline. For applications requiring review by the Planning Commission, the applicant shall file an application with the Zoning Administrator at least 15 business days before the date of the Planning Commission’s regularly scheduled meeting at which such application is to be considered.
   (E)   Complete Application Determination. The Zoning Administrator shall initiate the review and processing of a submitted application only after such application is determined to be complete.
      (1)   The Zoning Administrator shall make a determination of application completeness within five (5) business days of the application filing.
      (2)   If the application is determined to be incomplete, the Zoning Administrator shall notify the applicant of necessary changes or additional information needed. No further processing of an incomplete application shall occur until the deficiencies are corrected.
      (3)   Once an application is determined to be complete, the Zoning Administrator shall process the application according to the procedures set forth in this Zoning Code.
      (4)   If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
   (F)   Review Meeting Date. For applications requiring review by the Planning Commission, a complete application shall be placed on the Commission’s agenda for the next regularly scheduled meeting occurring not less than five (5) days from the date the application is determined complete.
   (G)   Refund of Fees. Application or review fees are not refundable except where the Zoning Administrator determines that an application was accepted in error, or the fee paid exceeds the amount due; in which case the amount of the overpayment will be refunded to the applicant.
   (H)   Submission Schedule. The Zoning Administrator is authorized to and shall establish the submission and review schedule for applications. The Zoning Administrator may amend and update these requirements as determined necessary.
   (I)   Required Times for Action and Inaction. Whenever the provisions of this Zoning Code require that reviewers or decision-makers take action on an application within a specified period and such action is not taken within that time-frame, such inaction shall be deemed a denial of the application unless the applicant agrees to an extension of the review period.
(Ord. 2023-03, passed 2-27-2023)

§ 150.633 ZONING PERMIT REQUIRED.

   (A)   No excavation, grading, or improvement shall be commenced, and no building or structure shall be erected, constructed, enlarged, structurally or otherwise materially altered, or moved in whole or in part, no use of buildings or land shall be established or changed, and no building demolished in the Village of Swanton prior to the issuance of a Zoning Permit. The Zoning Administrator shall issue a Zoning Permit only when the plans for the proposed use, building, or structure fully comply with the regulations set forth in this Zoning Code and other codes of the Village.
   (B)   Approval Required. A Zoning Permit and related approvals shall be required for the following circumstances, unless specifically exempted in this Zoning Code:
      (1)   One-Family Detached and Uses Accessory Thereto. An application for a zoning permit for a one-family detached dwelling, including any accessory structure, accessory use or any other activity related to such dwelling, shall be reviewed according to the procedures in this Article.
      (2)   All Other Permitted Uses. An application for any other permitted use not described in subsection (A)(1) shall be reviewed according to the development plan review procedures set forth in Article 150.65, Development Plan Review Procedures or reviewed and approved pursuant to any other applicable procedures set forth in this Zoning Code.
      (3)   Variance Requests. A Zoning Permit for a building or use requiring a variance from a requirement of this Zoning Code shall not be issued until such variance has been applied for and approved according to the procedures set forth in Article 150.69, Appeals and Variances.
      (4)   Conditional Use Permit. A Zoning Permit for a building or use requiring a Conditional Use Permit shall not be issued until such Conditional Use Permit has been applied for and approved by the Planning Commission.
      (5)   Similar Uses. An application for any use not specifically listed in this Zoning Code as a permitted use has been reviewed and approved by the Planning Commission according to the procedures set forth in this Article.
   (C)   Approval of Zoning Permit.
      (1)   For applications not requiring review by the Planning Commission:
         (a)   The Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of this Section within 15 business days after a complete application is accepted.
         (b)   In conducting the review of 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 resolution. Any costs of review shall be borne by the applicant, as stated in the Village of Swanton fee schedule.
      (2)   For applications requiring review by the Planning Commission, upon receiving a report of approval from the Planning Commission, the Zoning Administrator shall issue the zoning permit.
      (3)   In the event an application is disapproved, the Zoning Administrator shall state in writing the reasons for the action taken. Such statement of disapproval shall include, but not be limited to, a list of regulations that would be violated by the proposed use and shall be transmitted to the applicant. The applicant may submit a revised application for review in accordance with this Article, or the applicant may appeal the decision to the Planning Commission in accordance with Article 150.69.
   (D)   Expiration of Zoning Permit. All zoning permits shall expire if work there under does not progress as follows, unless the Planning Commission finds due cause to extend such deadlines:
      (1)   Within six (6) months from issuance, work shall have begun (e.g., ground shall have been broken).
      (2)   Within two (2) years from issuance, work shall be complete as shown on the approved development plan.
      (3)   An applicant with an approved Zoning Permit may, prior to the expiration of said permit, apply for approval in writing of one six-month extension to commence the work described in the original Zoning Permit without the payment of additional zoning fees.
      (4)   Any zoning permit that has expired shall require a new application, and the applicant shall comply with all provisions of this Code in effect on the date of the new application.
(Ord. 2023-03, passed 2-27-2023)

§ 150.634 OF ZONING COMPLIANCE REQUIRED.

   No land, new building, or structure shall be occupied or used, in whole or in part, and no change in the use 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 § 150.633, Zoning Permit Required, requires said land or building to receive a Zoning Permit.
   (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 to the provisions of this Zoning Code and any other applicable Village 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 to 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 Planning Commission has approved the change in accordance with the provisions of Article 150.41 Nonconforming Uses, Lots, Building, and Sites.
   (B)   An application for Certificate of Zoning Compliance shall include, in addition to the plans required for the Zoning Permit, accurate information as to the size, location, drawings and description of the lot, the dimensions of yards and setbacks, the use of land, and the application fee.
   (C)   After receiving an application for a Certificate of Zoning Compliance, the Zoning Administrator shall inspect the premises to determine whether such use/construction conforms to all provisions of this Zoning Code and the approved final development plan as applicable, or if it is a lawfully existing nonconforming use.
   (D)   Action by Zoning Administrator. The Zoning Administrator review the application. 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’s review, the Zoning Administrator shall:
      (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 maintenance and 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 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. Pending the issuance of a permanent Certificate of Zoning Compliance, a temporary certificate may be issued, to be valid for a period not to exceed (6) six months from its date, pending the completion of any required improvements, provided a performance guarantee has been provided to the Village from a banking institution of sufficient amount to cover the estimated cost of materials and labor and in a form acceptable to the Village Solicitor.
   (E)   Construction Staking Field Verification and Certification.
      (1)   For all construction requiring a zoning permit, prior to the start of any construction activity, the contractor installed construction staking indicating the perimeter of the structure must be physically verified that it is in compliance with any and all setback requirements expressed in this code.
      (2)   This field inspection shall be performed by a surveyor/civil engineer currently registered in the State of Ohio.
      (3)   Construction shall not commence until the field inspection is performed and a copy of the site plan bearing the signature, stamp/seal of the surveyor/civil engineer doing the field verification is received by the Zoning Inspector and a permit issued.
      (4)   All costs associated with such inspection/certification shall be borne and paid for by the property holder or his agent along with any fees for the zoning permit. Proof of payment shall be presented to the Zoning Inspector along with the permit application.
(Ord. 2023-03, passed 2-27-2023; Ord. 2023-19, passed 11-13-2023)

§ 150.635 DETERMINATION OF SIMILAR USES.

   Each zoning district established by this Zoning Code, and amendments thereto, includes a list of uses of land or structures that are permitted in the district because they are considered compatible with one another. To the extent that new types of uses are created which have not been addressed by this Zoning Code, this Section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.
   (A)   Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:
      (1)   The proposed use is not listed as a permitted use in any district within the Village;
      (2)   The proposed use is not explicitly prohibited in any district or the Zoning Code;
      (3)   The proposed use conforms to and is consistent with the purpose statement of the district in which it is proposed;
      (4)   The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district;
      (5)   Such proposed use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the district to which it is proposed; and
      (6)   Such proposed use does not create traffic to a greater extent than the other uses listed in the district to which it is proposed.
   (B)   Assignment to Districts. If the Planning Commission approves the proposed similar use, then the similar use shall be added to the appropriate districts, as identified in the Planning Commission’s determination.
(Ord. 2023-03, passed 2-27-2023)