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This Zoning Ordinance shall be administered and enforced by a Zoning Inspector or his designated representative who shall be appointed by the Council of the Village of Obetz and is hereby empowered:
(a) Certificate of Zoning Compliance. To issue a Certificate of Zoning Compliance when these regulations have been followed or to refuse to issue the same in the event of noncompliance.
(b) Collection of Fees. To collect the designated fees as set forth in this Zoning Ordinance for Certificate of Zoning Compliance, application for amendment or changes, appeal and conditional use.
(c) Making and Keeping of Records. To make and to keep all records necessary and appropriate to the office, including record of the issuance and denial of all Certificates of Zoning Compliance and of receipt of complaints of violation of this Zoning Ordinance and action taken on the same.
(d) Inspection of Building or Land. To inspect any building or land to determine whether any violations of this Zoning Ordinance have been committed or exist.
(e) Enforcement. To enforce this Zoning Ordinance and take all necessary steps to remedy any condition found in violation by ordering in writing, the discontinuance of illegal uses or illegal work in progress, and may request the Law Director to commence appropriate action.
(f) Advisor to Planning and Zoning Commission. To keep the Planning and Zoning Commission advised of all matters to be addressed by the Commission pertaining to the enforcement of this Zoning Ordinance and to transmit all applications and records pertaining to supplements, amendments, conditional use permits, appeals, and variances.
(g) Administrative Variance. To grant administrative variances consistent with the guidelines established in Chapter 1135.
(a) Use Prohibited Without Certificate. No owner, lessee or tenant 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 Certificate of Zoning Compliance shows that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code.
(1) The Zoning Inspector shall issue a Zoning Certificate provided he/she is satisfied that the structure, building and/or premises, the proposed use thereof, and the proposed methods of water supply and disposal of sanitary waste, conform with all requirements of this Zoning Code, subject to approval of the Planning and Zoning Commission and/or Council where the Zoning Code requires or deems appropriate.
(2) This section shall in no case be construed as requiring a certificate in the event of a change in ownership or tenancy only, without a change in use or intended use, provided that no alterations or additions are proposed for such building.
(b) Building Permit. No building permit for the extension, erection or alteration of any building shall be issued before an application has been made and a Certificate of Zoning Compliance issued, and no building shall be occupied until such certificate is approved.
(c) Effect of Approval. Zoning Certificates issued on the basis of plans, information and application approved by the Planning and Zoning Administrator and/or Planning and Zoning Commission authorize only the use, arrangement and construction set forth in such approved plans, information and application or approved amendments thereto, and no other use, arrangement or construction. Use, arrangement and construction at variance with that authorized shall be deemed a violation of this Zoning Code and punished as provided in this chapter.
(d) Approval of Health Officer. In every case where the lot is not serviced with public water supply and/or the disposal of sanitary wastes by means of public water and sewers, the application shall be accompanied by written evidence of approval by the Franklin County Board of Health as to the proposed method of water supply and/or treatment and disposal of sanitary waste. (Ord. 69-14. Passed 1-12-15.)
(a) Application to be Made. Written application for Certificates of Zoning Compliance shall be made by the property owner(s) or lessee(s) to the Zoning Inspector
(b) Application Fee. A fee as stipulated by ordinance shall be paid by the applicant to cover the costs of review and reporting of the application, payable to the General Fund.
(c) Contents of Application. The application for a Certificate of Zoning Compliance shall contain as a minimum:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current survey of the property prepared by a licensed surveyor.
(3) If a change of use is proposed, a plan drawn to scale showing:
A. Actual dimensions of the lot including easements;
B. Exact size and location of all buildings and structures on the subject lot; and
C. Existing and intended use of all parts of the land or buildings.
(4) If any new development or construction is proposed, a plan drawn to scale showing:
A. Actual dimensions of the lot including easements;
B. Exact size and location of all buildings and structures on the subject lot;
C. Existing and intended use of all parts of the land or buildings;
D. Any proposed new construction and or alteration;
E. Proposed provisions of water, sanitary sewer facilities, surface drainage features, and underground storm drainage facilities;
F. Location of all other public utilities above or below ground;
G. Proposed grades;
H. Proposed top of foundation; and
I. Proposed driveway slope.
(5) For all building construction projects the following shall be submitted and approved before occupancy is granted:
A. Verification by a registered surveyor of finished block height at the time of foundation inspection;
B. Verification by a registered surveyor of finished grade before sod is laid; and
(6) If a project is proposed in a subdivision or condominium development that has a homeowners association or condominium association, written approval from the association must be submitted with an application for a Certificate of Zoning Compliance proving that the proposed project complies with the deed restrictions of the association.
(7) Such other information to be determined by the Zoning Inspector and/or Planning and Zoning Commission as may be necessary to determine and provide for the enforcement of this Zoning Code.
(Ord. 69-14. Passed 1-12-15.)
(a) Filing of Application. Two (2) copies of a completed application shall be filed with the Zoning Inspector, one (1) copy of which shall be returned to the owner upon approval.
(b) Action by Zoning Inspector. Within thirty (30) days after acceptance of an application for a Zoning Certificate, the Zoning Inspector shall approve a Certificate of Zoning Compliance provided he/she is satisfied that the structure, building and/or premises, and the proposed methods of water supply, treatment and disposal of sanitary waste, and storm drainage measures conform with all requirements of this Zoning Code, subject to approval of the Planning and Zoning Commission where the Zoning Code requires; in those cases the Planning and Zoning Commission shall render a decision within thirty-five (35) days of holding a public hearing. Denial of an application shall be conveyed to the applicant in writing with a statement of the reasons for such denial.
(c) Appeals. A denial by the Zoning Inspector of an application for a Certificate of Zoning Compliance may be appealed to the Planning and Zoning Commission. A written appeal shall be filed with the Zoning Inspector within ten (10) days of receipt of notification of denial. The Planning and Zoning Commission shall have a maximum of sixty (60) days for public hearing, consideration and a decision on the appeal. Denial of an appeal by the Planning and Zoning Commission may be appealed to Council.
(a) Issuance. If the application meets the requirements of the Zoning Code, an approved Certificate of Zoning Compliance shall be issued within ten (10) days of approval. One (1) copy of the plans submitted by the Applicant shall be returned.
(b) Expiration. All Zoning Certificates shall be conditional upon the commencement of work within six (6) months of issuance. If the work has not been more than fifty percent (50%) completed within one year of issuance, the certificate shall expire and be revoked by the Zoning Inspector. Written notice shall be provided to the property owners together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate is issued or an extension granted.
(c) Denial of Permits or Approvals If Property Violates Codes. The Zoning Inspector may withhold permits and/or approvals including but not limited to, Building Permits, Certificates of Zoning Compliance, Certificates of Occupancy, Conditional Use Permits, Site Plans, Development Plans, Variances, Boundary Line Adjustments, and Preliminary or Final Plats if a violation of any of the Village's Codified Ordinances including but not limited to, Zoning and Subdivision Regulations, Housing and Property Maintenance Code, Building Code, Erosion and Sedimentation Control Regulations, and Flood Damage Reduction Regulations. The Zoning Inspector may, instead of withholding or denying a permit or approval, grant such permit or approval subject to the condition that the violation be corrected. If the violation is not corrected in the timeframe established by the Zoning Inspector, the permit or approval will be immediately void. (Ord. 69-14. Passed 1-12-15.)
If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, maintained or used, or any land is or is proposed to be used in violation of this Zoning Code or any amendment or supplement thereto, Council, the Law Director or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, demolition, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
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