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The maximum grade of a driveway measured from the edge of the roadway shall be ten percent. Notwithstanding anything contained herein to the contrary, the maximum grade of the driveway, as stated herein, shall be ten percent for the first 100 feet from the edge of the roadway, and fifteen percent thereafter, if the City Engineer determines that the integrity of the Protected Hillside Area and the objectives contained in at Section 1397.01 would be damaged by strict compliance with the ten percent maximum grade and would be enhanced by the use of the alternative grade stated herein. Each driveway shall provide sufficient space and distance such that motor vehicles can enter the roadway in a forward motion.
(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)
(a) The Building Commissioner and City Engineer shall review Protected Hillside Area applications. In connection with such review, they are authorized to consult and obtain opinions from such other professionals as hydrological and geotechnical engineers, botanists, biologists and landscape architects as they may deem necessary. No Protected Hillside Area permit shall be issued until the application has been reviewed and approved by the Planning and Zoning Commission. Any permit for activity within a Protected Hillside Area shall be denied if the proposal does not comply with the requirements of this chapter or if the proposal is so designed or will be so located, constructed or maintained as to endanger the public health, safety and welfare based upon generally accepted engineering principles.
(b) Appeals shall be to the City's Board of Zoning Appeals and shall be governed by the provisions of Chapter 1325 of these Codified Ordinances.
(c) Compliance with the provisions of this chapter does not relieve the applicant from compliance with other applicable provisions of these Codified Ordinances. In the event of a conflict between the provisions of this chapter and any other provision of these Codified Ordinances, the more restrictive provision shall control.
(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)
At the time of filing an application for a Protected Hillside Area permit, there shall be paid to the City a filing fee in the amount specified in Section 1703.65. There shall also, at such time, be deposited and thereafter maintained an amount as specified in Section 1703.65 or such larger or lesser amount as may be determined by the Building Commissioner based on his or her estimate of the costs to be incurred by the City in reviewing the application for the permit and to insure payment by the applicant of expenses incurred by the City in processing the application and all pertinent papers connected herewith.
The cost and expense of any investigation which may be deemed to be necessary by the Building Commissioner, the City Engineer, hydrological and geotechnical engineers, botanists, biologists, landscape architects, the Law Director and any other City officials, to determine whether the proposed application is in accordance with law, the cost of any and all notices required, and all other necessary expenses, shall be paid by the applicant.
The actual expenditures shall be paid by the applicant upon demand of the Director of Finance. The unexpended balance of the deposit shall be refunded to the applicant upon completion of all administrative proceedings involved in connection therewith. No filing fee shall be refunded or returned. No permits shall be issued until any amounts required to be paid by the applicant have been paid.
(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)
(a) Civil. In addition to any other penalty provided herein, in the event that work performed does not conform to the provisions of the Protected Hillside Area permit, a written notice to comply shall be served upon the architect, owner, developer, builder, contractor and/or occupant. Such notice shall set forth the nature of the correction required and the time within which the correction shall be made. Failure to comply with such notice shall result in the issuance of a stop work order applicable to all activity, except that which is necessary for correction of the violation. Upon correction of the violation, the stop work order shall be voided and all permitted activity may resume.
If the Building Commissioner concludes that the issuance of additional corrective notices would be futile, any bonds or cash deposits posted with the City shall be forfeited, whereupon such security shall be used for completion of the Protected Hillside Area permit as approved. Any additional costs incurred by the City may be certified to Council for certification to the County Auditor for placement as a lien upon the property under authority of Ohio R.C. 715.47.
(b) Criminal. The owner or owners of any land or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any developer, builder, contractor and/or occupant, and all persons who or which violate any provision of this chapter or fail to comply therewith, or who build or otherwise develop in violation of the provisions of this chapter, shall, for each and every violation or noncompliance, be fined not more than two hundred fifty dollars ($250.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(c) Emergency Action. In addition to any other penalties provided herein, in the event of noncompliance with the provisions of this chapter, the Law Director shall be authorized to institute an appropriate action at law if the Building Commissioner, alone or in consultation with other professionals, determines that a real and present emergency exists that is determined to affect the public health, safety or general welfare.
(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)
HILLSIDE PROTECTION AREA
Please see City Clerk's office for associated tables.
Please see City Clerk's office for associated tables.