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Wellston City Zoning Code

ZONING PERMIT

PROCEDURES

§ 153.035 ZONING PERMITS.

   No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a zoning permit therefor, issued by the Zoning Inspector. The zoning permit shall certify that the proposed action is in conformance with this chapter.
(2003 Code, § 153.030) (Ord. 3459, § 4.01, passed 3-7-2002)

§ 153.036 CONDITIONS UNDER WHICH A ZONING PERMIT IS REQUIRED.

   A zoning permit is required for any of the following:
   (A)   Occupancy and/or use of vacant land;
   (B)   Construction or structural alteration of any building, including accessory buildings; and
   (C)   Change in use of an existing building or accessory building to a use not listed as a permitted use in the zoning district where the building is located.
(2003 Code, § 153.031) (Ord. 3459, § 4.02, passed 3-7-2002) Penalty, see § 153.999

§ 153.037 APPLICATION.

   (A)   Applications for a zoning permit shall be obtained from the Zoning Inspector. The application shall contain the following information:
      (1)   Name, address and telephone number of the applicant;
      (2)   Legal description of property, as recorded in the County Recorder’s office;
      (3)   Existing and proposed uses;
      (4)   Zoning district in which property is located;
      (5)   Plans and/or drawings drawn to approximate scale, showing the dimensions and shape of the lot to be built upon; and the dimensions and location of existing and/or proposed buildings or alterations;
      (6)   Height of proposed buildings or alterations;
      (7)   Number and dimensions of existing and proposed off-street parking or loading spaces, if applicable; and
      (8)   Such other material as may be requested by the Zoning Inspector to determine conformance with, and provide for, the enforcement of this chapter.
   (B)   Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a survey of the lot by a registered surveyor. In particular cases, the Zoning Inspector may reduce the submittal requirements for applications, when the scope and scale of the proposed action warrants.
(2003 Code, § 153.032) (Ord. 3459, § 4.03, passed 3-7-2002)

§ 153.038 APPROVAL.

   Within 30 days after receipt, the application shall be either approved or disapproved by the Zoning Inspector, unless the provisions of § 153.039 or other specific sections of this chapter apply. In taking action on a zoning permit application, the Zoning Inspector may bring the specific case to the Planning and Zoning Board for input. All zoning permits shall be conditional upon the commencement of work within one year. One copy of the application shall be returned to the applicant by the Zoning Inspector, after such copy is marked as either approved or disapproved and attested to same by the signature of the Zoning Inspector, or his or her designated agent, on such copy. In the case of disapproval, the Zoning Inspector shall state on the returned plans the specific reasons for disapproval. Two copies of plans, similarly marked, shall be retained by the Zoning Inspector. One copy retained by the Zoning Inspector shall be forwarded to the County Auditor upon issuance of a certificate of zoning compliance along with one copy of the application. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alternation is in conformance with the provisions of this chapter.
(2003 Code, § 153.033) (Ord. 3459, § 4.04, passed 3-7-2002)

§ 153.039 SUBMISSION TO DIRECTOR OF DEPARTMENT OF TRANSPORTATION.

   Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the Department of Transportation, or any land within a radius of 500 feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered or certified mail to the Director of the Department of Transportation. The Zoning Inspector shall not issue a zoning permit for 120 days from the date the notice is received by the Director of the Department of Transportation. If the Director of the Department of Transportation notifies the Zoning Inspector that he or she shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of the Department of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest thereof agreed upon by the Director of the Department of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provision of this chapter, issue the zoning permit in conformance with the provisions of § 153.040.
(2003 Code, § 153.034) (Ord. 3459, § 4.05, passed 3-7-2002)

§ 153.040 RECORD OF ZONING PERMIT.

   A record of all zoning permits shall be kept on file in the office of the Zoning Inspector, and copies shall be furnished upon request to any persons having proprietary or tenancy interest in the building or land affected.
(2003 Code, § 153.035) (Ord. 3459, § 4.06, passed 3-7-2002)

§ 153.041 EXPIRATION.

   If the work described in any zoning permit has not begun within one year from the date of issuance thereof, or has not been completed within two years from the date of issuance thereof, said permit shall expire; it shall be revoked by the Zoning Inspector. Written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new zoning permit has been obtained or an extension has been granted by the Planning and Zoning Board.
(2003 Code, § 153.036) (Ord. 3459, § 4.07, passed 3-7-2002)

§ 153.042 CERTIFICATE OF ZONING COMPLIANCE.

   (A)   Certificate of zoning compliance required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Zoning Inspector, stating that the proposed use of the building or land conforms to the requirements of this chapter.
   (B)   Application for certificate of zoning compliance. Certificates of zoning compliance shall be applied for by the applicant giving written notice to the Zoning Inspector that the exterior erection or structural alteration of such building shall have been completed in conformance with the provisions of this chapter.
   (C)   Approval of Health Department required. If the property in question is not served by public water and sewer and the proposed project requires water and/or sewage disposal, a certificate of zoning compliance shall not be issued by the Zoning Inspector until approval of the water and sewage disposal systems have been given by the County Health Department or state Environmental Protection Agency.
   (D)   Record of certificate of zoning compliance. The Zoning Inspector shall maintain a record of all certificates of zoning compliance and a copy of any individual certificate shall be furnished upon request to the occupant or his or her legally authorized representative.
(2003 Code, § 153.037) (Ord. 3459, § 4.08, passed 3-7-2002) Penalty, see § 153.999

§ 153.043 VOID ZONING PERMITS.

   (A)   A zoning permit shall be void if any of the following conditions exist:
      (1)   The zoning permit was issued by the Zoning Inspector contrary to the provisions of this chapter;
      (2)   The zoning permit was issued based upon a false statement by the applicant; or
      (3)   The zoning permit has been assigned or transferred.
   (B)   When a zoning permit has been declared void for any of the above reasons by the Planning and Zoning Board, written notice of its revocation shall be given by certified mail to applicant, sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure or land cease, unless and until a new zoning permit has been issued.
(2003 Code, § 153.038) (Ord. 3459, § 4.09, passed 3-7-2002)