CHAPTER 1171
Administrative Powers and Duties

1171.01   Building Commissioner.

1171.02   Director, Department of Planning and Development.

1171.03   Planning Commission.

1171.04   Board of Zoning Appeals.

1171.05   Permits.

CROSS REFERENCES

Demolition or removal of residential structures - see P.& Z. 1133.09

Historic Preservation Districts and Historic Properties - see P.& Z. Ch. 1134

Mixed Use Overlay District - see P.& Z. Ch. 1135

Planned Development - see P.& Z. Ch. 1156 

Conditional uses - see P.& Z. Ch. 1161

Conditional use permits - see P.& Z. 1173.02

Determination of similar use - see P.& Z. 1173.03

Variances - see P.& Z. 1173.04

1171.01 BUILDING COMMISSIONER .

     For purposes of this Code, the Commissioner, or the Commissioner's designee, shall have the following powers and duties:

   (a)   To enforce this Code and interpret the meaning and application of its provisions, including zoning district boundaries as shown on the Zoning Map.

   (b)   To approve minor area variances pursuant to Section 1173.04(b), and keep a record of same with a notation of any special conditions involved.

   (c)   To confirm and/or determine site conditions and project dimensions from all applications.

   (d)   To conduct inspections of structures and uses of land to determine compliance with this Code and to maintain records related to said inspections; in the case of any violation, the Commissioner shall notify in writing the owner and, where applicable, the tenant(s) of any such structure or structures, said notice to specify the nature of the violation and necessary corrective action.

   (e)   To determine the existence of any violation of the Code and cause such notifications, revocation notices, stop orders, or citations to be issued, or initiate such other administrative or legal action as needed to address such violations.

   (f)   To deny or revoke a certificate of code compliance or any permit required by this Code or these Ordinances where the proposed use or structure does not comply with this Code or these Ordinances.

(Ord. 39-18. Passed 5-6-2019.)

1171.02 DIRECTOR, DEPARTMENT OF PLANNING AND DEVELOPMENT .

    In addition to the powers and duties conferred by Charter, the Director, or the Director’s designee, shall, for purposes of this Code, have the following duties:

    (a)   To respond to questions concerning applications for amendments to the Code and Zoning Map.

   (b)   To maintain in current status the official Zoning and Building Line Maps, which shall be kept on permanent display in the offices of the Director.

   (c)   To maintain such records as are required for the proper administration of this Code, including but not limited to zoning approval, variances, conditional uses, and similar use determinations; and to make such records available for use by Council, the Commission, the Board and the public.

   (d)   To administratively review and approve or disapprove an application for a Certificate of Appropriateness according to the specific criteria set forth in Chapter 1134.

(Ord. 105-07. Passed 5-19-2008.)

1171.03 PLANNING COMMISSION .

    In addition to the powers and duties conferred by Charter the Commission shall, for purposes of this Code, have the following duties:

   (a)   To review and approve or disapprove an application for a Conditional Use Permit for a particular lot according to the general criteria set forth in Section 1173.02 and the specific criteria set forth in Chapter 1161.

   (b)   To determine that a proposed use not listed or provided for in this Code is substantially similar to a permitted or conditionally permitted use that is listed and provided for in this Code by applying the criteria set forth in Section 1173.03.

   (c)   To review and approve or disapprove each application for a use variance.

      (1)   In the case of a use variance to allow a use not permitted under this Code in the zoning district in which the property is located, the Commission must find that the applicant has demonstrated that the literal enforcement of the Code will result in unnecessary hardship according to the criteria set forth in Section 1173.04(d).

      (2)   When granting a use variance, the Commission may prescribe any conditions or safeguards that it deems necessary to insure that the applicant will comply with the terms of the variance, and to preserve the spirit and intent of the Code.

   (d)   To review and approve or disapprove amendments to the regulations, restrictions, and boundaries set forth in this Code.

   (e)   To review at least once each year the regulations, restrictions, and boundaries set forth in this Code to determine whether same are consistent with the Vision and the public purposes specified herein, in order to make recommendations to Council where necessary; the first such annual review shall be completed not later than December 31, 1997.

   (f)   To review and recommend to Council approval or disapproval of plats for the subdivision and resubdivision of any major subdivision.

   (g)   To review and approve or disapprove an application for a Mixed Use Overlay according to the criteria set forth in Chapter 1135.

   (h)   To review and approve or disapprove an application for a Planned Development according to the specific criteria set forth in Chapter 1156.

   (i)   To review and approve or disapprove parking plans submitted that do not meet the schedule of use and space requirements in Section 1143.05.

   The Commission shall hold a public hearing within sixty (60) days after receipt of an application, request for determination, or referral before the Commission pursuant to this section.

(Ord. 36-14. Passed 1-20-2015.)

   (j)   If the Commission disapproves an application for demolition of a Landmark Property pursuant to the criteria set forth in Section 1133.09, the Commission, or its designee, along with the Director, Commissioner and other officials of the City, shall participate in negotiations with the owner or owners of such Landmark Property and any other interested party in an effort to find a means of preserving the property as follows:

      (1)   During the period of delay as set forth in Section 1133.09, the parties shall undertake meaningful and continuing discussions for the purpose of finding a method of saving such Landmark

      (2)   If the parties do not agree on a means of preserving the Landmark Property within the period of delay as set forth in Section 1133.09, the Commission, upon the expiration of such period, shall grant permission with respect to the proposed demolition or removal, and such permission shall immediately be communicated to the Commissioner for the purpose of issuing a necessary permit.

   (k)   To review and approve or disapprove an application for HPD or HP designations according to the specific criteria set forth in Chapter 1134.

   (l)   Within thirty (30) days after the public hearing required by subsection (i) herein, the Commission shall either approve, approve with supplementary conditions, defer, or disapprove the application, request for determination, or referral; the determination of the Commission shall be supported by findings stated on the record.

(Ord. 105-07. Passed 5-19-2008.)