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(a) Appointment; Administration and Enforcement of Code. A Zoning Administrator shall be designated by the Safety-Service Director and approved by Council and shall administer and enforce this Zoning Code. The Zoning Administrator may be provided with the assistance of other persons, as the Safety-Service Director may direct.
(b) Duties. The Zoning Administrator shall have the following duties:
(1) Enforce the provisions of this Zoning Code and interpret the meaning and application of its provisions.
(2) Respond to questions regarding applications for amendments to the Zoning Code text and/or the Official Zoning Map.
(3) As required by this Zoning Code, issue zoning and other permits, plus occupancy and other certificates, and keep records of them, with a notation of any special conditions involved.
(4) Act on all applications within the specified time or notify the applicant, in writing, of the refusal or disapproval of such application and the reasons for the refusal or disapproval. Failure to notify the applicant (in case of such refusal or disapproval) within the specified time shall enable the applicant to submit the request to the Board of Zoning Appeals.
(5) Maintain the Official Zoning Map in current status, which Map shall be kept on permanent public display in the City offices.
(6) Maintain permanent and current records required by this Zoning Code, including zoning permits, occupancy certificates, inspection documents and records of all variances, amendments, conditional uses and special uses.
(7) Make such records available for the use of Council, the Planning Commission, the Board of Zoning Appeals and the public.
(8) Review and approve site plans pursuant to this Zoning Code.
(9) Make evaluations and/or conduct inspections to determine the existence of any violations of this Zoning Code and issue such notifications, revocation notices, stop orders or tickets, or initiate such other administrative or legal action, as needed to address such violations.
(10) Prepare and submit an annual report to Council, the Planning Commission and the Board of Zoning Appeals on the administration of this Zoning Code, as may be of interest and value in advancing and furthering the purposes of this Zoning Code. Such report shall include recommendations concerning the schedule of fees and needed amendments to the text of this Zoning Code or to the Official Zoning Map.
(11) Provide advice, at the request of Council, the Planning Commission and/or the Board of Zoning Appeals.
(12) Should the Zoning Administrator use Section 1268.02(e) in applying a sign standard, the Zoning Administrator shall serve a written notice that a special action was taken. The notice shall contain the applicant's name and property address, shall identify the zoning district that lacked sign regulations, shall identify the action taken and the date of such action. The Zoning Administrator shall send such notice within fourteen days of such action to the Safety-Service Director, Chairperson of the Planning Commission, Chairperson of the Board of Zoning Appeals and the Law Director.
(Ord. 186-91. Passed 10-15-92; Ord. 180-11. Passed 11-17-11.)
(a) Appointment and Organization; Removals. The Planning Commission shall be composed of five members who reside in the incorporated area of the City and should include the Mayor, the Safety-Service Director and three citizens to be appointed by the Mayor. The terms of the citizen members shall be six years, with the initial terms so arranged that the term of one member shall expire every two years. After a member's term expires, the member shall serve until a successor is appointed by the Mayor and approved by Council.
Members of the Planning Commission shall be removable by the Mayor for nonperformance of duty, misconduct in office or other reasonable cause, upon written charges and after a public hearing (if requested) has been held regarding such charges. A copy of the charges shall have been served upon the member so charged at least ten days prior to the hearing, whether personally, by registered mail or by leaving the charges at the member's place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by appointment by the Mayor and shall be for the unexpired term.
(b) Proceedings. The Planning Commission shall adopt rules that are necessary to the conduct of its affairs, in keeping with the provisions of this Zoning Code. The presence of three members shall constitute a quorum. The Planning Commission cannot pass recommendations unless it does so by a majority of the members of the Planning Commission, whether present or not. Planning Commission meetings shall be held at the call of the Chairperson and at such times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question (or, if absent or failing to vote, indicating such fact), and shall keep records of its examinations and other official actions. All of such minutes and records shall be a public record and shall be filed immediately in the office of the Planning Commission.
(c) Duties. The Planning Commission shall have the following duties:
(1) Recommend to Council suggested changes to the Official Zoning Map and/or to the text of this Zoning Code.
(2) Review all proposed amendments to the text of this Zoning Code and to the Official Zoning Map and make recommendations to Council.
(3) Review all planned unit development applications, review all applications for conditional use permits in planned unit development districts, review all applications for variances in planned unit development districts and make recommendations to Council.
(4) Review all special uses, as identified in the respective zoning districts, according to provisions and criteria stated in this Zoning Code.
(5) Recommend to Council the temporary zoning of land annexed to the City.
(6) Recommend to Council a substantially similar use determination for an unlisted use.
(Ord. 186-91. Passed 10-15-92; Ord. 170-11. Passed 10-6-11.)
(a) Membership; Removals; Vacancies. The Board of Zoning Appeals shall be composed of five members who reside in the incorporated area of the City and who shall be appointed by the Mayor. The term of all members shall be five years, with the initial terms so arranged that the term of one member shall expire each year. After a member's term expires, the member shall serve until a successor is appointed by the Mayor and approved by Council.
Members of the Board shall be removable by the Mayor for nonperformance of duty, misconduct in office or other reasonable cause, upon written charges and after a public hearing (if requested) has been held regarding such charges. A copy of the charges shall be served upon the member so charged at least ten days prior to the hearing, whether personally, by registered mail or by leaving the charges at the member's place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by appointment by the Mayor and shall be for the unexpired term.
(b) Proceedings. The Board shall adopt rules that are necessary to the conduct of its affairs, in keeping with the provisions of this Zoning Code. The presence of three members shall constitute a quorum.
Board meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson (or, in his or her absence, the acting Chairperson) may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question (or, if absent or failing to vote, indicating that fact), and shall keep records of its examinations and other official actions, all of which shall be a public record and shall be immediately filed in the office of the Board.
The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse the order or determination of the Zoning Administrator, in order to decide in favor of the applicant in any matter over which the Board has original jurisdiction under this Zoning Code or in order to grant any variance from the requirements of this Zoning Code.
(c) Duties. The Board shall have the following duties:
(1) Hear and decide appeals, where it is alleged that there is an error in any order, requirement, decision, interpretation and/or determination made by the Zoning Administrator.
(2) Authorize such variances from the terms of this Zoning Code, as provided in accordance with Chapter 1244, in all zoning districts except Planned Unit Development districts.
(3) Authorize the issuance of conditional use permits in all districts except Planned Unit Development districts, when the requirements of this Zoning Code are met.
(4) Authorize the revocation of a conditional use permit, when the requirements of this Zoning Code are violated.
(5) Resolve disputes about the exact location of zoning district boundaries.
(6) Authorize the substitution of nonconforming uses, as provided by this Zoning Code.
(Ord. 186-91. Passed 10-15-92; Ord. 170-11. Passed 10-6-11.)
(a) Composition; Term of Office. There are hereby established one or more Citizen Advisory Committees for Industrial Development. Each Committee shall consist of five members. One member shall be appointed by the Mayor, one by the President of Council, one by the Councilmember in whose ward the project will be located, and two additional members by the three appointees. Members shall be selected on the basis of their having personal residences and/or businesses located within one-half mile of any proposed industrial development, including an expansion of existing industry. Such members' residences or businesses shall not necessarily be located in the City. Persons from contiguous townships within one-half mile of any proposed development shall be eligible for membership on such a Committee.
The term of office for each member shall be one year.
(b) Organization; Procedure. Each Committee shall be organized on an ad hoc basis for rendering advisory opinions on industrial development in the committee's geographic area. Each Committee shall select its Chairperson, adopt its own rules of procedure and proceed with its investigation in whatever manner it deems proper.
(c) General Powers. The function of each Committee shall be to review applications submitted to the Zoning Administrator with regard to any use on M-1 District lands or in a PUD District with M-1 District-type land uses, which fall within the geographic area of the Committee. The Committee shall conduct such investigations as it deems necessary to determine whether or not the proposed industrial project meets with the transportation, air quality, sewage, water and/or storm water capabilities; whether or not it generates excessive noise, heat, light and/or glare; and whether or not the nature of the proposed usage is, on balance, detrimental to the residents of such area. After making such determinations, the Committee shall submit a report and a recommendation to the Commission and/or the Board, which the Commission and/or Board may consider together with other evidence.
(Ord. 186-91. Passed 10-15-92.)
It is the intent of this Zoning Code that all questions of interpretation and enforcement shall be presented first to the Zoning Administrator, that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Administrator and that recourse from the decisions of the Board shall be to the courts, as provided by law.
It is also the intent of this Zoning Code that the duties of Council, in connection with this Zoning Code, shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this Zoning Code.
Under this Zoning Code, Council shall have the authority only to establish and amend a schedule of fees, as set forth in Section 1242.08.
Nothing in this Zoning Code shall be interpreted to prevent any official of the City from appealing a decision of the Board of Zoning Appeals to the courts, as provided in the Ohio Revised Code. Any such appeal shall be made within ten days of the Board's written decision.
(Ord. 186-91. Passed 10-15-92.)
The following fees are hereby established for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals and other procedures and/or services pertaining to the administration and/or enforcement of this Zoning Code:
(a) General Fees:
(1) Application for zoning permit (per unit) $20.00
(2) New one, two, or three family $50.00/dwelling
(3) Residential alterations and accessory buildings $50.00
(4) Patios, decks, parking lots, driveways, sidewalks, carports $50.00
Sidewalk permit fees may be waived on a showing
of hardship by the applicant.
(5) Commercial and industrial $150.00
Additions to existing structures $150.00
(6) Application for a conditional use permit that also must
meet Chapter 1252 Special Regulations $150.00
(7) Application for variance (commercial) $150.00
(8) Application for sign permit (per side/face) $50.00
(9) Application for temporary use permit $100.00
(10) Reproduction of Zoning Administrator records $0.10/page
(11) Fence or wall permit (residential) $50.00
(12) Certificate for nonconforming use $100.00
(13) Temporary sign bond $100.00
(14) Fence or wall permit in manufacturing or business district $150.00
(b) Planning Commission Fees:
(1) Application for Zoning Map amendment (rezone) $175.00
(2) Application for zoning text amendment $150.00
(3) Flood damage prevention development permit $500.00
(4) PUD application for conditional use permit $150.00
(5) PUD application for variances $150.00
(c) Board of Zoning Appeals Fees:
(1) Application for conditional use permit $150.00
(2) Application for variance (residential) $150.00
(3) Request for substantially similar (unlisted) use $100.00
(4) Appeal of Zoning Administrator decision $175.00
(d) Extra Costs. Applicant shall pay all publication costs for notices required by this Zoning Code. Any extra costs or additional work performed by the Department of Law, Building Division, the City Engineer or any other department of the Municipality, including, but not limited to, engineering and architectural services, in connection with the matter contained in the application, shall be added to the application fee and the applicant shall bear all additional expenses.
(e) When an application for a zoning permit, amendment, appeal, variance, conditional use permit, plan approval, or other procedures is required to pay a fee, and the application can be considered one or more of the above, then only the larger fee will be collected. When an appeal is taken from the decision of the Safety-Service Director or his/her designee, the fee of the original application is included in the fee of an appeal.
(Ord. 176-94. Passed 9-15-94; Ord. 113-03. Passed 4-3-03; Ord. 106-07. Passed 3-1-07; Ord. 106-13. Passed 2-7-13; Ord. 181-15. Passed 12-17-15.)
(a) Required. No structure shall be erected, added to, structurally altered and/or moved to a lot in the City without a permit issued by the Zoning Administrator. Zoning permits shall be issued only in conformity with the provisions of this Zoning Code, including actions resulting from a written order from:
(1) The Board of Zoning Appeals, such as deciding an appeal, a conditional use or a variance; or
(2) Council, such as approving a planned unit development district, a special use or annexation zoning.
(b) Applications. The application for a zoning permit shall be made in writing and shall be signed and dated by the applicant, attesting to the truth and exactness of all information supplied on the application. Each application form shall state clearly that the permit, if issued, shall expire (and may be revoked) if work has not begun within one year of the permit issuance, if the work is not substantially completed within two and one-half years or if the facts have been misrepresented in an important way. At a minimum, the application form shall contain the following information and shall be accompanied by all required fees:
(1) The name, address and telephone number of the applicant;
(2) A legal description of the property and any easements plus the text of any deed restrictions;
(3) The existing use;
(4) The proposed use;
(5) The zoning district;
(6) Plans in duplicate (unless additional copies are requested by the Zoning Administrator) and drawn to scale, including a smaller scale project location map and a larger scale map showing the actual dimensions and the shape of the lot; the exact size and location of existing structures on the lot, if any; and the location and dimensions of the proposed structure or alteration;
(7) Structure heights;
(8) The number of off-street parking spaces and/or loading spaces and their layout;
(9) The location and design of access;
(10) The number of dwelling units;
(11) If applicable, any related application for other permits and/or certificates, such as a sign, conditional use and/or temporary use permit, unless previously submitted;
(12) Such other documentation as may be necessary to determine conformance with, and to provide for the enforcement of, this Zoning Code, such as the physical condition of property after a structure is moved to or from the lot; and
(13) The date the Zoning Administrator received the fee and completed the application.
(c) Approval. Within thirty days after the receipt of an application, the Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of this Zoning Code. After the Zoning Administrator shall have marked one copy of the application and any plans either as approved or disapproved, and attested to that decision by his or her signature and the date of his or her decision on such copy, one copy of such signed application and any plans shall be returned to the applicant by the Zoning Administrator. One copy, similarly marked, shall be retained by the Zoning Administrator. If approved, the Zoning Administrator shall issue a zoning permit that shall be posted by the applicant in a conspicuous place on the property in question, attesting to the fact that the activity is in conformance with the provisions of this Zoning Code.
(d) Notice to Ohio Director of Transportation. Before any zoning permit is issued for any lot that is located within 300 feet of the centerline of a proposed new highway or of a highway for which changes are proposed (as described in the certification to local officials by the Ohio Director of Transportation), or for any lot that is located within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Zoning Administrator shall give notice to the Ohio Director of Transportation, by registered mail, that the Zoning Administrator shall not issue a zoning permit for 120 days from the date such notice is received by the Director. If the Director notifies the Zoning Administrator that the Director shall proceed to acquire the land needed, the Zoning Administrator shall refuse to issue the zoning permit. If the Director notifies the Zoning Administrator that acquisition at this time is not in the public interest, or if the 120-day period (or any extension of the 120-day period that was agreed upon by the Director and the property owner) expires without notification from the Director, the Zoning Administrator shall issue the zoning permit, if the application is in conformance with all provisions of this Zoning Code.
(Ord. 186-91. Passed 10-15-92.)
(e) Expiration. If the work described in any zoning permit has not begun within two years from the date of issuance of the permit, the permit shall expire. Upon expiration, the Zoning Administrator shall revoke the permit and shall send, by first class mail, written notice of the revocation to the permit applicant. In addition, if the work described in any zoning permit has not been substantially completed within three and one-half years from the date of issuance of the permit, the permit shall expire. Upon expiration, the Zoning Administrator shall revoke the permit and shall send, by first class mail, written notice of the revocation to the permit applicant, together with notice that further work shall not proceed unless and until a new zoning permit has been obtained or until an extension has been granted.
(Ord. 123-94. Passed 4-21-94.)
(a) Required. After the adoption of this Zoning Code, it shall be unlawful to use or occupy any new or changed lot and/or structure, or to change the use of any existing lot and/or structure, until the Zoning Administrator issues a certificate of occupancy that states that the proposed use of the structure and/or land conforms to the requirements of this Zoning Code. The issuance of an occupancy certificate in no way relieves the recipient from compliance with all requirements of this Zoning Code and other applicable regulations.
(b) Temporary Certificates of Occupancy. A temporary certificate of occupancy may be issued by the Zoning Administrator (for a period not exceeding six months) allowing alterations to be made to, or allowing partial occupancy of, a building pending its completion.
(Ord. 186-91. Passed 10-15-92.)
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