Village of Boston Heights OH, Planning and Zoning Code
CHAPTER 1147
Certificate of Zoning Compliance, Permits, Rezoning Fee
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CROSS REFERENCES
Occupancy permit - see BLDG. Ch. 1375
Permit fees - see BLDG. 1385.02
1147.01 CERTIFICATE OF ZONING COMPLIANCE.
The following requirements for a Certificate of Zoning Compliance issued by the Zoning Inspector shall apply to business uses in the Office/Professional, General Business, Retail Business and Light Manufacturing Districts, and conditional uses in the Residential District.
(a) No person shall hereafter use, permit the use of, change the use of, or enlarge the use of any building, or premises or part thereof, including such buildings and premises that are hereafter constructed, erected, created, changed, or converted wholly or partly in its structure and/or use, until the Zoning Inspector has issued a Certificate of Zoning Compliance stating that the building and the premises comply with the provisions of the Zoning Ordinance, provided that nothing in this section shall prevent the continuance of the present occupancy and/or use of any premises of any existing building as provided under Chapter 1173.
(b) The Zoning Inspector is authorized to issue the Certificate of Zoning Compliance upon completion of the following conditions:
(1) All the provisions of the Zoning Code have been satisfied;
(2) The Zoning Inspector has received a certificate from the Building Inspector and Electrical Inspector showing that the construction, erection, creation, change, or conversion of the building and/or premises has been completed in accordance with the Building Code;
(3) The Zoning Inspector has received a certificate from the Village Engineer showing conformity with the site plan, and where applicable that all street improvements have been installed;
(4) The Zoning Inspector has received a certificate from the Summit County Health Department showing that all the requirements of that Department have been complied with.
(c) All Certificates of Zoning Compliance shall be applied for coincidentally with the application for a Zoning Permit. Such certificate shall be issued within ten (10) days after the conditions of subsection (b) hereof have been met. In the instances wherein Zoning Permits have been issued prior to the effective date of this amending ordinance, applications for a Certificate of Zoning Compliance shall be made with the Zoning Inspector prior to occupying the building or premises, and shall be issued as hereinbefore provided.
(d) The Zoning Inspector shall retain a record of all Certificates of Zoning Compliance and a copy shall be furnished upon request to any person having a proprietary or tenancy interest in the building or premises affected.
(e) The Zoning Inspector shall cause a notice of compliance to be posted on all premises requiring the issuance of a Certificate of Zoning Compliance.
(f) In the event the Zoning Inspector fails to issue his Certificate of Zoning Compliance or rejects the application together with the reason for the rejection within ten (10) days from the date of application, the party submitting such application shall have the right to submit the application to the Board of Zoning Appeals, which Board shall have the right to issue the Certificate of Zoning Compliance.
(g) Whoever violates this section is guilty of a minor misdemeanor. Each and every day during which such illegal occupancy of a building or premises occurs without a Certificate of Zoning Compliance may be deemed a separate offense.
(Ord. 22-2005. Passed 9-14-05.)
1147.02 PERMITS.
(a) No permit for the erection of any building shall be issued for the construction, alteration or change of a building or premises until the plans, specifications and intended use conform in all respects to the provisions of the Zoning Ordinance or amendments hereto hereafter duly enacted.
(b) All applications for zoning permits shall be accompanied by a plan in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, all buildings existing upon such lot, the size and proposed location of the building for which the application for a permit is made and such other information as may be necessary to provide for the enforcement of the Zoning Ordinance, or that may be required by the rules and regulations of the Board of Zoning Appeals. A careful record of such applications and plans shall be kept in the office of the Zoning Inspector. The lot or yard area provided about an existing building as required by the Zoning Ordinance shall not be diminished or used as a part of the required lot or yard area of any other building.
(Ord. 87-1951. Passed 7-10-51.)
1147.03 REZONING FEE.
At the time any application for a zoning permit is filed, the proposer of such zoning, if it requires action by Council on the rezoning of any parcel, shall deposit the sum of seventy-five dollars ($75.00) to cover the cost of public notice and advertising as required by law and shall at the same time give full legal description of the property to be rezoned, together with a complete list of all owners of property adjacent, contiguous and across the street from the parcel or parcels to be rezoned or acted upon by Council.
(Ord. 16-1966. Passed 7-13-66.)