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(a) Role of the Zoning Administrator. The Zoning Administrator, or his or her designee, shall have the authority to administer and enforce this Zoning Code, including, without limitation, the authority to approve and issue zoning permits and zoning certificates of compliance, and to make interpretations and determinations of the Zoning Code and Zoning Map to carry out the intent and purpose of this Zoning Code. All decisions of the Zoning Administrator shall be in writing and sent to the owner of record of the subject property and the applicant by certified mail.
(1) All applications for reviews and decisions by the Zoning Administrator shall be made on such forms and in accordance with such procedures as the Zoning Administrator shall from time to time adopt and make available to the public.
A. The Zoning Administrator shall charge application and review fees in amounts reasonably approximate to the administrative costs of processing and administering the applications, such fees to be reviewed and approved by the Planning Board on an annual basis.
B. An application to the Zoning Administrator shall not be deemed complete until all submission requirements are fully satisfied in the sole discretion of the Zoning Administrator.
C. Application fees shall be non-refundable.
(2) If an application is deemed incomplete, or if the application is complete but fails to contain sufficient information to satisfy the applicable burden of proof, the Zoning Administrator shall send the applicant a letter setting forth the deficiencies and thirty (30) days to re-submit a complete application. If a re-submitted application is further deemed incomplete, or further fails to satisfy the applicable burden of proof, the Zoning Administrator may (a) send the applicant an additional letter setting forth the deficiencies and providing thirty (30) days to re-submit the application, or (b) reject the application, which shall be deemed to be an applicable denial of the request.
(c) Zoning Permit Required. Application for a zoning permit shall be required for the erection, relocation, addition, or structural alteration of all of the following:
(1) Buildings of a total of more than 120 square feet under roof;
(2) Fences, walls, and gates greater than four feet in height; and
(3) Structures, including swimming pools as defined in Section 1133.02 when such pools exceed twelve feet in diameter or 100 square feet in surface area, flag poles, trellis, outdoor kitchens and fireplaces, decks, or other non-building structures that are anchored in the ground.
(d) Administrative Adjustments for Zoning Permit Approval.
(1) The Zoning Administrator shall have the authority to review and grant administrative adjustments in connection with a zoning permit. The scope of the Zoning Administrator's authority to grant administrative adjustments is limited to the following:
A. Dimensional adjustments that are within five percent (5%) of the dimensional requirement in the zoning code; and
B. Locational adjustments when the proposed location is within three feet (3') of the location permitted by the Zoning Code.
(2) In determining whether to grant an administrative adjustment, the Zoning Administrator shall weigh the private and public interests and determine, in his or her reasonable discretion, that there will not be any adverse impacts to the public as a result of the granting of an administrative adjustment. The Zoning Administrator shall not have the authority to grant any administrative adjustments beyond the parameters set forth above. The Zoning Administrator shall not be required to grant any administrative adjustments and shall have the right to refer any application to the Board of Zoning Appeals for determination under the standards of review for a dimensional or locational variance. All decisions of the Zoning Administrator regarding an administrative adjustment shall be reduced to writing upon a form adopted by the Zoning Administrator and sent via certified mail to the owners of record of any adjacent properties and the applicant. The owner of record of an adjacent property and the applicant shall have fifteen (15) days from receipt of the notice to file an appeal of the Zoning Administrator's decision. All appeals of an administrative adjustment shall be heard by the BZA within thirty (30) days of the date upon which the notice of appeal is received by the Board.
(e) Certificates of Zoning Compliance. Any property owner may apply to the Zoning Administrator for final inspection for the issuance of a Certificate of Zoning Compliance, which shall contain a listing of all additional conditions and exceptions to which the property is subject as the result of variances, conditional uses and Planned Unit Developments (PUD's). The certificate of zoning compliance shall also state specifically wherein a nonconforming use or structure varies from the provisions of this Zoning Code.
(f) Temporary Structures. The Zoning Administrator may authorize the temporary use of a structure for any permitted use in the district in which the structure is located; provided that such temporary use:
(1) Shall not be permitted for longer than a total period of ninety (90) days, subject to the issuance of a temporary zoning permit containing such conditions to safeguard the public health, safety, general welfare, and
(2) Provided that the applicant removes the temporary structure by a date certain at the applicant's sole cost and expense.
(g) Zoning Code Violations. Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint with the Zoning Administrator. The Zoning Administrator shall promptly investigate all complaints, and after providing the property owner with notice and an opportunity to cure the violation, and if not so cured, may refer the matter to the City's attorney who shall have the discretion to bring a misdemeanor charge against the offending or parties.
(h) Penalties. Anyone who is adjudicated in violation of any of the provisions of this Zoning Code shall be guilty of a minor misdemeanor in accordance with Section 501.05, et seq. of the Fairborn Code of Ordinances. Notwithstanding anything to the contrary in Part Five of the Fairborn Code of Ordinances, each day that a violation continues shall be considered a separate offense.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)