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It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector and that such questions shall be presented to the Planning and Zoning Commission only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Planning and Zoning Commission shall be to the courts as provided by law. It is further the intent of this chapter that the duties of the City Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter, the City Council shall only have the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter as provided by law and of establishing a schedule of fees and charges as stated in § 155.2508. Nothing in this chapter shall be interpreted to prevent any official of the city from appealing a decision of the Planning and Zoning Commission to the courts as provided in R.C. Chapters 2505 and 2506. Any such appeal shall be made within ten days of the Planning and Zoning Commission written decision.
(Ord. 37-02, passed 7-10-02)
The powers and duties of the City Council pertaining to the Zoning Ordinance are as follows:
(A) Approve Planned Development District applications.
(B) Initiate or act upon suggested amendments to the Zoning Ordinance text or Zoning Map. Final action upon a suggested zoning amendment shall be undertaken at a public hearing.
(C) Override a written recommendation of the Planning and Zoning Commission on a text or map amendment provided that such legislative action is passed by a vote of not less than three-quarters of the City Council.
(Ord. 37-02, passed 7-10-02)
Each member of the Planning and Zoning Commission shall serve until his or her successor is appointed and qualified. Members shall be removable for non-performance of duty, misconduct in office, or other reasonable cause by the Mayor upon written charges and after a public hearing has been held regarding such charges; a copy of the charges having been served upon the member so charged at least ten days prior to the hearing either personally or by registered mail, or by leaving the same at his or her place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by appointment by the Mayor and shall be for the unexpired term.
(Ord. 37-02, passed 7-10-02)
The City Council shall by resolution establish a schedule of fees for zoning permits, amendments, appeals, variances, conditional use permits, site plan approvals, and other procedures and services pertaining to the administration and enforcement of this chapter, after considering the recommendations of the Zoning Inspector with respect to actual administrative costs, both direct and indirect. The schedule of fees shall be posted in the office of the Zoning Inspector and may be altered or amended only by the City 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.
(Ord. 37-02, passed 7-10-02; Am. Ord. 17-03, passed 2-25-03)
ENFORCEMENT
No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a zoning permit or certificate of occupancy issued by the Zoning Inspector. Permits shall be issued only in conformity with the provisions of this chapter unless the Zoning Inspector receives a written order from the Planning and Zoning Commission deciding an appeal, conditional use, or variance, or from the City Council approving a Planned Development District, as provided by this chapter.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
The application for zoning permit shall be made in writing and be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or substantially completed within two and one-half years. At a minimum, the application shall contain the following information and be accompanied by all required fees:
(A) Name, address, and phone number of applicant.
(B) Legal description of property.
(C) Existing use.
(D) Proposed use.
(E) Zoning district.
(F) Plans in triplicate drawn to scale showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration.
(G) Building heights.
(H) Number of off-street parking spaces or loading berths and their layout.
(I) Location and design of access drives.
(J) Number of dwelling units.
(K) If applicable, application for a sign permit or a conditional or temporary use permit, unless previously submitted.
(L) Such other documentation as may be necessary to determine conformance with and to provide for the enforcement of this chapter.
(Ord. 37-02, passed 7-10-02)
Within 30 days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this chapter. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Inspector after the Zoning Inspector has marked such copy either as approved or disapproved and attested to same by his or her signature on such copy. One copy of plans similarly marked shall be a placard to be posted in a conspicuous place on the property in question attesting to the fact that the activity is in conformance with the provisions of this chapter.
(Ord. 37-02, passed 7-10-02)
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