(a) This Zoning Ordinance shall be administered and enforced by the Zoning Inspector. The Zoning Inspector or any authorized assistant thereof, upon proper identification, shall have the right to enter upon any land or into any building for the purpose of making an inspection or acquiring information to determine whether or not the property and the use thereof conform to the requirements of this Ordinance.
(b) If the Zoning Inspector shall find that any of the provisions of this Ordinance are being violated he shall notify the owner or his or her agent in writing of the violation and ordering the action necessary to correct it. He shall order the discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions or alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to insure compliance with or prevent violations of its provisions.
(c) The Zoning Inspector or any authorized assistant thereof, shall cause inspection to be made of all buildings and other structures in the process of construction. When any construction alteration or repair of any building or structure is found to be in violation of this Ordinance it shall be suspended forthwith. A written or printed notice of the violation shall be posted conspicuously as near as possible to the scene of the unlawful work. It shall be unlawful for any person to remove, deface, conceal, or cover such notice, or do any further work on such building or structure until such notice has been rescinded by the Zoning Inspector, Chief of Police, or Mayor. (Ord. 3-89-05. Passed 3-1-89.)
(a) No building or structure shall be built, altered or repaired; no excavation made; no change of use of a building or land shall be permitted except after the issuance of a zoning certificate of compliance. No certificate shall be issued by the Zoning Inspector except in conformity with the provisions of this Zoning Ordinance.
(b) Applications for a zoning certificate of compliance shall be made to the Zoning Inspector on forms provided. Those applications for the construction of new buildings or structures shall be accompanied by the information required by Chapter 1165. All other applications shall be accompanied by a plot plan drawn to scale showing the size and shape of the parcel of land, the location of structures or uses with respect to the property lines and to the right of way and any other information the Zoning Inspector deems necessary for consideration of the application. All applications shall be accompanied by a fee payable to the Village of Kirtland Hills in an amount as set forth in the official schedule of fees as adopted from time to time by Council. Prior to the issuance of a certificate of compliance an occupancy deposit shall be posted with the Village in an amount as set forth in the official schedule of fees as adopted from time to time by Council. Any expenses associated with violations or corrections thereof, such as reinspections or legal actions, shall be deducted from the occupancy deposit.
(c) The Zoning Inspector, following his review of any application for zoning certificate of compliance, shall, in the case of an application for a use permit forward the same to the Clerk- Treasurer, and in the case of an application for the construction of a new building or the alteration or repair of an existing building, forward the same together with attachments, to the Clerk of the Architectural Board of Review.
(Ord. 3-89-05. Passed 3-1-89.)
(d) Upon approval of an application by the Architectural Board of Review, the Zoning Inspector shall issue a certificate of compliance which may be filed with the Lake County Building Department for purposes of obtaining a building permit. Upon receipt of a building permit from the Lake County Building Department, a copy of same shall be filed with the Zoning Inspector prior to the commencement of any construction.
(e) A record of all certificates of compliance issued shall be kept in the offices of the Zoning Inspector and/or the Clerk-Treasurer.
(f) Except for good cause shown, the same being within the sole discretion of the Zoning Inspector, a certificate of compliance shall lapse and be null and void unless construction of the proposed improvement is commenced within one hundred eighty days of the issuance of the certificate of compliance and an occupancy permit applied for and issued within two years after issuance of the certificate of compliance. If construction is not commenced or completed within the time aforesaid and the Zoning Inspector has determined that good cause has not been shown, all fees and deposits shall be forfeited.
(Ord. 12-94-19. Passed 12-19-94.)
(a) Land used or occupied and buildings erected or structurally altered shall be used or changed in use only after an occupancy permit has been issued by the Zoning Inspector. Such permit shall state that the building and proposed use comply with the requirements of the zoning certificate of compliance and have been constructed in accordance with the CABO Dwelling Code, as amended, and the provisions of this Ordinance.
(b) Any person, firm or corporation who occupied or permits to be occupied, or who sells, leases, or rents a house, building, building unit, or structure for which an occupancy permit has not been issued, or in the case of alterations, additions or repairs whoever occupies or permits to be occupied or utilized or sells, leases or rents that portion of the house, building, building unit or structure added, altered or repaired, for which an occupancy permit has not been issued, shall be guilty of violating this chapter and shall be subject to the penalties provided therein. In addition to any such penalties the occupancy permit deposit shall be forfeited and placed in the General Fund of the Village.
(c) A record of all occupancy permits issued shall be kept in the office of the Clerk- Treasurer and copies shall be furnished on request to any person having an interest in the property to which they apply. (Ord. 3-89-05. Passed 3-1-89.)
(a) General. Conditional use permits shall be required for certain uses as set forth in Chapters 1145 and 1149 because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements, potential for nuisance, or for other reasons. Such uses shall not be permitted by right. Those conditional uses enumerated in Chapters 1145 and 1149 may be permitted under specific conditions in the district enumerated only if a determination is made that they conform to the standards provided herein; otherwise they shall be prohibited.
(b) Application. Application for a conditional use permit shall be made by the land owner or his agent to the Planning and Zoning Commission and shall be accompanied by such drawings, plans, and statements so as to fully describe in detail the proposed use to the extent that the Planning and Zoning Commission can have no doubt as to the proposed use, and can determine the effect upon surrounding properties, traffic, fire hazards, public utilities, drainage, and the public health, safety and welfare.
The Commission shall hold a public hearing on each such application and shall provide notice of the time and place of said hearing by:
(1) One publication in a newspaper of general circulation in the Village, or by posting of such notice in the five places within the Village provided for posting of ordinances and resolutions, which publication or posting shall be made at least seven days prior to the hearing;
(2) Written notice to the owners of property contiguous to and directly across the street from the property in question, which notice shall be either by hand delivery or by first class mail to the addresses of such owners as shown on the current tax list at least ten days prior to the hearing.
(c) Fee. Each application for a conditional use permit shall be accompanied by a fee in an amount as set forth in the official schedule of fees as adopted from time to time by Council.
(d) Standards for Evaluation. An application for a conditional use permit shall not be approved unless the Commission finds that the proposed use complies with the following standards:
(1) The use will form a harmonious part of the district wherein it is proposed to be located;
(2) The use will not generate undue additional traffic;
(3) The hours of operation are compatible with the other uses within the district;
(4) The location, design and operation of such use would not interfere with or discourage normal use, operation and enjoyment of permitted uses or impair the value of surrounding properties;
(5) The use will not change the character of the neighborhood;
(6) The use will not, as a result of its location or design, place a burden upon public safety forces;
(7) The use will not adversely affect the health or safety of persons residing in the neighborhood.
(e) Commission Action. The Planning and Zoning Commission shall make a determination based upon the information provided or such additional information as it may request. If an application for a conditional use permit is approved, the Commission may set forth any specific terms, stipulation, conditions, and safeguards in connection therewith as it may deem necessary to protect the public welfare, preserve the purpose and intent of this Ordinance, and protect the character of the district and the neighboring properties.
(f) Revocation of Permits. Any conditional use permit shall become null and void if the proposed use or construction of structures for said use have not begun within one year after approval by the Commission.
The Commission or Council may revoke a conditional use permit upon determination that the use does not comply with the terms and conditions of such permit or for violations of the provisions of this Ordinance.
(Ord. 3-89-05. Passed 3-1-89.)
(a) Upon becoming aware of a violation of any of the provisions of this ordinance the Zoning Inspector shall serve notice on the person committing or permitting the same, and if such violation has not ceased within a reasonable time as the Zoning Inspector has specified in such notice, he shall institute action as may be necessary to terminate the violation.
(b) Violations of any of the provisions of this Zoning Ordinance or failure to comply with any of the requirements hereof, including conditions established pursuant to various sections or the erection of any building or the use of any building or land in violation of any detailed statement or plan submitted or approved hereunder, shall constitute a minor misdemeanor, subject to a fine of not more than one hundred dollars ($100.00). Each day such violation or failure to comply exists shall constitute a separate offense.
(c) Any building erected contrary to any provisions of this Ordinance and any use of any building or land which is conducted, operated, or maintained contrary to any provision of this Ordinance is hereby declared unlawful. The Zoning Inspector may initiate injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation.
(Ord. 3-89-05. Passed 3-1-89.)
CODIFIED ORDINANCES OF KIRTLAND HILLS