Section
1135.01 Enforcement by Zoning Administrator
1135.02 Zoning certificates
1135.03 Informal, formal Planning Commission and special approval procedures
1135.04 Eligibility requirements for informal procedure
1135.05 Formal Planning Commission approval procedures
1135.06 Certificates of occupancy
1135.07 Violations and remedies
1135.08 Compliance
1135.09 Order to comply
1135.10 Enforcement method nonexclusive
1135.99 Penalty
Cross-reference:
Compliance and general regulations, see Ch. 1171
Conflict between zoning and building codes, see § 1301.03
Nonconforming uses, see Ch. 1173
Stay of certificates or permits, see § 1137.05
Statutory reference:
Violation of zoning ordinances, see R.C. § 713.13
There is hereby established the office of Zoning Administrator within the Engineering and Building Department. It shall be the duty of the Zoning Administrator to enforce this Zoning Ordinance in accordance with the provisions of this Zoning Ordinance, the Landscape Ordinance, the Comprehensive Development Plan, the Thoroughfare Plan, the Subdivision Regulations, the access management regulations, the traffic impact study regulations, the regulations for driveway approaches and curb cuts, the Water Master Plan, the Wastewater System Master Plan, the standard construction drawings, the Bicycle and Pedestrian Way Master Plan, Stormwater Regulations and any other applicable sections of the codified ordinances of the city. All departments, officials and public employees of the city, vested with the duty and authority to issue permits or licenses, shall conform to the provisions of this Zoning Ordinance and shall not issue any permit or license for any use, building or purpose in conflict with the provisions of this Zoning Ordinance. Any permit or license issued in conflict with the provisions of this Zoning Ordinance, shall be null and void and shall be of no effect whatsoever.
(Ord. 99-207, passed 1-10-2000; Ord. 2001-26, passed 2-26-2001; Ord. 2004-155, passed 1-10-2005)
(a) Required. No owner shall use or permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate has been issued. The zoning certificate shall show that the building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Ordinance, the Landscape Ordinance, the Comprehensive Development Plan, the Thoroughfare Plan, the Subdivision Regulations, the access management regulations, the traffic impact study regulations, the regulations for driveway approaches and curb cuts, the Water Master Plan, the Wastewater System Master Plan, the standard construction drawings and any other applicable sections of the codified ordinances of the city.
(b) Authority to proceed with construction. No excavation or construction shall commence unless the plans, specifications and the intended use conform to the provisions of this Zoning Ordinance and authority to proceed is granted by the City Engineer or his or her agent.
(c) Nonconforming uses. A zoning certificate shall be required of all nonconforming uses showing thereon the nature, extent and status of the nonconforming use. Application for the zoning certificate for nonconforming uses shall be filed within six months from the effective date of this Zoning Ordinance. No zoning certificate shall be required for any nonconforming use for which a zoning certificate was previously issued under Ordinance E92 of the city and which has remained thereof a lawful nonconforming use. The fee for this zoning certificate shall be as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fee shall be as set by ordinance from time to time. However, no fee shall be charged for a zoning certificate where a building permit fee is paid to the Building Department or for nonconforming uses. The fees shall be paid to the Building Department. If the property owner fails to obtain the required zoning certificate and has not previously obtained a zoning certificate within the six- month time period, the nonconforming use shall be deemed to have been abandoned and any further use of the property must comply with the provisions of the City Zoning Ordinance.
(d) Other permits required. Obtaining a zoning certificate shall not excuse compliance with any and all other applicable provisions of the codified ordinances and in the case of any conflict between the Zoning Ordinance and any other provision, the more restrictive provision shall apply.
(Ord. 99-207, passed 1-10-2000)
Cross-reference:
Fee schedule, see § 205.01
There are established three procedures to aid in the administration of this Zoning Ordinance. They are:
(a) A short, informal procedure for small and essentially noncommercial construction or reconstruction, for the refacing of existing signs, and for the minor improvements of existing commercial establishments and apartment complexes;
(b) A longer, formal procedure requiring Planning Commission approval for larger and essentially commercial construction or reconstruction; and
(c) Special procedures for PUD Districts in Chapter 1161 hereof.
(Ord. 98-104, passed 9-14-1998)
Qualifying persons shall utilize the procedure in this section in applying for a zoning certificate.
(a) Construction, enlargement or structural alteration of the following shall be subject to the informal procedure:
(1) Single-family residence or accessory structure;
(2) Multi-family dwelling of three units or less;
(3) Signs;
(4) Nonresidential addition up to 25% of the original floor area, not to exceed 10,000 square feet;
(5) Cellular or wireless communication antennas mounted on existing structures according to § 1188.04(a)(1); and
(6) Gas, electric, water, sewer, cable and telephone utility stations.
(b) To proceed with any of the projects listed in division (a) hereof, the applicant shall apply for a zoning certificate by submitting to the Zoning Administrator application fees and five copies of a site and landscape plan as required by the landscape code and supporting drawings, drawn to scale on a maximum 24-inch by 36-inch sheet. The site and landscape plan shall contain the following information:
(1) The dimensions of the proposed development. If different uses are to be located in a building or lot, the location and dimensions of each use;
(2) A landscape plan, including all landscaping features of the proposed development, including the placement of trees, flowers, shrubs and grass, in conformance of the requirements of the Landscape Code;
(3) The location and dimensions of all signs proposed to be located on the proposed development;
(4) The location and dimensions of all parking and loading facilities, access drives and curb cuts;
(5) A concise statement signed by the applicant, or in the case of a corporation, partnership, association or other business entity, a statement sworn to by its authorized agent, attesting that, in the event a zoning certificate is issued for the proposed development, no other reductions, revisions or modifications of the plan shall be made without the express approval of the Zoning Administrator;
(6) Plans, representing with exactitude all building, engineering, traffic and architectural features of the proposed development;
(7) Plans, representing with exactitude the placement of all utilities upon the premises of the proposed development;
(8) Water management sediment control plan and stormwater management plan according to Chapter 1119, if required;
(9) Proposed methods of water supply and disposal of sanitary wastes;
(10) Existing topography and proposed grading plan;
(11) Setbacks as outlined in the Zoning Ordinance for each zone;
(12) Dedication of right-of-way as shown on the Thoroughfare Plan;
(13) Zoning of adjacent property;
(14) Structures outside of but within 200 feet of the property boundary; and
(15) Any other drawings or information specifically required for a particular use under any section of this Zoning Ordinance.
(c) Upon receipt of the drawings and information, the Zoning Administrator shall, within 30 days of receipt:
(1) Make a determination as to whether the applicant meets the requirements established in division (a) hereof;
(2) Determine that the proposed plan presents a unique or particularly complex question, in which case he or she shall so advise the applicant and require the applicant to submit his or her application to the Planning Commission;
(3) Determine that the proposed plan, as submitted, or as amended by the applicant after consultation with the Zoning Administrator, is in conformance with this Zoning Ordinance. Upon making this determination, the Zoning Administrator shall issue a zoning certificate; and
(4) Determine that the proposed plan, as submitted, or as amended by the applicant after consultation with the Zoning Administrator, is not in conformance with this Zoning Ordinance or deny the certificate, the determination thereafter being communicated to the applicant along with the reasons for denial. The applicant shall then have the right to appeal this determination to the Zoning Board of Appeals.
(Ord. 2001-04, passed 2-12-2001)
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