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The Building Inspector shall have the following responsibilities and powers:
A. Enforce the provisions of this Code and interpret the meaning and application of its provisions.
B. Receive, review and make determinations on applications for zoning permits (parking), also no person shall construct an accessory structure without first making application to the Building Department and obtaining a zoning permit for same. Fees for accessory structure permits shall be as provided in Section 109.13 of Elyria Codified Ordinances. This section shall not be construed as relief from any requirements to obtain other approvals/permits if required by other sections of the Elyria Codified Ordinances.
C. Review and process plans pursuant to the provisions of this Code.
D. Make determinations as to whether violations of this Code exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this Code.
E. Conduct inspections of buildings and uses of land to determine compliance or noncompliance with this Code.
F. Maintain permanent and current records required by this Code, including, but not limited to, the Official Zoning Map, zoning permits, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for use to the City Council, the Planning Commission, the Board of Zoning Appeals and the public.
G. Revoke permits or approvals based on a false statement, misrepresentation, or inaccurate information in the application therefor or where a provision of this Code has been violated.
(Ord. 98-176. Passed 8-3-98; Ord. 2019-117. Passed 8-5-19.)
The Planning Commission shall have the following responsibilities and powers as they relate to this Code:
A. Initiate advisable Official Zoning Map changes, or changes in the text of this Code where the same will promote the best interest of the public in general, through recommendation to the City Council.
B. Review all proposed amendments to the text of this Code and the Official Zoning Map and make recommendations to the City Council.
C. Carry on a continuous review of the effectiveness and appropriateness of this Code and recommend such changes or amendments as it feels would be appropriate.
D. Review and act on site plans.
(Ord. 98-176. Passed 8-3-98.)
The Board of Zoning Appeals shall have the following responsibilities and duties:
A. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Building Inspector in the enforcement of this Code.
B. To authorize such variances from the terms of this Code as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Code will result in unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done.
C. On appeal, to hear and decide on such special exceptions as the Board is specifically authorized to pass on by the terms of this Code.
D. To interpret the provisions of this Zoning Code or the Zoning Map where there is doubt as to meaning or application. The Board shall have the specific power to:
1. Interpret the precise location of the boundary lines between zoning districts.
2. Interpret the classification of a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted use in accordance with the intent and purpose of each district.
E. To exercise such other powers as may be granted to the Board by this Code, amendments hereto or the general laws as set forth in the Ohio Revised Code, as amended.
The Board shall not have the power to alter or change the zoning district classification of any property, nor to make changes in the terms or intent of this Code, but does have the power to act on those matters where this Code provides for review, interpretation or variance, as defined in this chapter.
(Ord. 98-176. Passed 8-3-98.)
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