Loading...
   1177.17 ZONING PERMIT.
   (a)    Zoning Permit Required. A zoning permit issued by the Building Commissioner in conformity with the provisions of this chapter shall be secured prior to the erection, addition or alteration of any building or structure or portion thereof; prior to the use or change of use of a building, structure or land; and prior to the change or extension of a nonconforming use; and prior to any development.
   (b)    Application for Zoning Permit. Application for a zoning permit shall be made in duplicate to the Building Commissioner on forms furnished by him and shall include the following where applicable: plans, in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill and storage of materials; and the location of the foregoing in relation to the channel.
   (c)    Certificate of Zoning Compliance for New, Altered or Nonconforming Uses.
      (1)    No person shall use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance has been issued therefor by the Building Commissioner stating that the use of the building or land conforms to the requirements of this chapter.
      (2)    No conforming structure or use shall be used after substantial alteration until a certificate of zoning compliance has been issued by the Building Commissioner. The certificate of zoning compliance shall state specifically the particulars, if any, in which the nonconforming structure or use differs from the provisions of this chapter.
   (d)    Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates of Zoning Compliance. Zoning permits, special exception uses, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter, and punishable as provided by Section 1177.99. The applicant shall ordinarily be required to submit certification by a registered professional engineer or other qualified person designated by the governing body that the finished fill and building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter.
(Ord. 76-23. Passed 12-20-76.)
   1177.18 BOARD OF APPEALS; RULES AND POWERS.
   The Board of Appeals is authorized and directed as follows:
   (a)    Rules. The Board shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Board by State law.
   (b)    Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of administration of this chapter.
   (c)    Special Exceptions. It shall hear and decide applications for special exception uses upon which the Board is authorized to pass under this chapter.
   (d)    Variances. It may authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation, for the particular area, or permit standards lower than those required by State law.
      (Ord. 76-23. Passed 12-20-76.)
   1177.19 BOARD HEARINGS AND DECISIONS.
   (a)    Hearings. Upon the filing with the Board of Appeals of an appeal from a decision of the Building Commissioner, an application for special exception or an application for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing, in accord with State law or Charter, and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written and oral evidence for the record which he may have transcribed by a stenographer. The written transcript, if presented to the Board by the appellant, shall be a part of the record.
   (b)    Decisions. The Board shall arrive at a decision on such appeal, special exception use or variance within a reasonable time. In passing upon such, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a special exception or variance, the Board may prescribe appropriate conditions and safeguards, in addition to those specified in Section 1177.20(e), which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the special exception or variance is granted, shall be deemed a violation of this chapter punishable under Section 1177.99.
   (c)    Appeal to the Court. Appeals from any decision of the Board may be taken by any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board or bureau of the Village, or Council, to the County Court of Common Pleas.
(Ord. 76-23. Passed 12-20-76.)
Loading...