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Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official 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 ordinance and punishable as provided by Chapter 10 of the Revised Code of Ordinances.
(Prior Code, Art. 21, § 21-110.6)
No building permit shall issue for any structure other than a single family structure or for any parking lot unless there shall have been attached to the application therefor a storm water detention plan describing the method for handling storm water in a manner so that storm water runoff shall not be increased as a result of such structure without detention and other storm water handling facilities, and until such storm water detention plan shall have been approved by the City Engineer.
(Prior Code, Art. 21, § 21-110.7)
ZONING AND PLANNING COMMISSION BOARD: ESTABLISHMENT AND PROCEDURE
A Zoning and Planning Commission is hereby established, which Commission shall perform the duties and have the authority as hereinafter set forth for the Zoning Board of Appeals and shall perform the duties and have the authority of the Plan Commission (also called “Planning Commission”) established by Chapter 155 of the Revised Code of Ordinances. Wherever the term “Zoning Board of Appeals”, “Plan Commission”, or “Planning Commission” is used within the Revised Code of Ordinances, said term shall mean the Zoning and Planning Commission Board.
(Prior Code, Art. 21, § 21-111)
The Zoning and Planning Commission shall consist of five (5) members, all residents of the City; each member shall be appointed for a 5-year term, with the terms to be determined from a beginning date of January 1, 2020. Members shall serve until replaced or reappointed. In the event a vacancy or late appointment occurs, replacement shall be for the unexpired term only. The Mayor, with the advice and consent of the City Council shall appoint the membership and shall designate the Chairman who shall serve in such capacity until a vacancy in his term of appointment exists. The City Engineer shall serve as an advisor and as an ex-officio member without a vote. Members of the Zoning and Planning Commission may be removed for cause after a public hearing; cause shall include, but shall not be limited to, the failure to attend two consecutive meetings or four meetings during any 12-month period. The Zoning and Planning Commission shall perform the duties of the Zoning Board of Appeals as hereinafter set forth.
(Prior Code, Art. 21, § 21-111.1)
The Board of Appeals shall adopt written rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the City Clerk and shall be a public record. In the performance of its duties, the Board of Appeals may incur such expenditures as are authorized by the City Council. Meetings shall be held at the call of the chairman and at such times and places within the City as the Board of Appeals may determine. All meetings shall be open to the public.
(Prior Code, Art. 21, § 21-111.2)
(A) Appeals to the Board of Appeals concerning interpretation or administration of this ordinance may be taken by any person aggrieved. Such appeals shall be taken within a reasonable time, not to exceed 60 days or such lesser period as the Board of Appeals may provide by the rules of the Board of Appeals, by filing with the City Clerk and with the Board of Appeals a notice of appeal specifying the grounds thereof. The City Clerk shall forthwith transmit all papers constituting the record upon which the action appealed from was taken.
(B) The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give the notice thereof to the parties interested and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent, or by attorney. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the City Manager, or his designated official, from whom the appeal is taken.
(C) The concurring vote of five members of the Board of Appeals is necessary to reverse any order, requirement, decision, or determination of the City Manager, or his designated official, or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance, or to effect any variation in this ordinance, or to recommend any amendment or modification to this ordinance to the City Council.
(Prior Code, Art. 21, § 21-111.3)
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