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(a) Purpose. This section describes the responsibilities of the Zoning Administrator upon the filing of an application for a zoning code change, conditional use permit, planned development, variance, or subdivision.
(b) Procedure.
(1) Upon the filing of an application and payment of a fee the Zoning Administrator shall process the application as follows:
(2) If an application is determined incomplete, the application shall be rejected, the Zoning Administrator shall notify the applicant, and no other action shall be taken until the application is complete.
(3) The complete application shall be placed on the agenda of the next available regularly scheduled meeting. The Zoning Administrator shall determine application deadlines based on the time required to ensure that all requirements of this Section can be satisfied.
(4) All application materials and any additional materials upon which the Zoning Administrator makes his or her report shall be available for public inspection at the office of the Administrator.
(5) Applications that require public notice prior to a public hearing shall be publicized in a newspaper, by mail, and by posting the property as follows. No additional public notice is required if consideration of an application is continued past the originally scheduled public hearing.
A. Newspaper
Code Amendments, Subdivisions and Planned Unit Developments A legal notice shall be published in at least one newspaper of general circulation in Oxford at least 30 days prior to the scheduled public hearing for code amendments, subdivisions and planned unit developments.
Variances and Conditional Uses
A legal notice shall be published in at least one newspaper of general circulation in Oxford at least seven 7 days prior to the scheduled public hearing for variances and conditional uses. Such notice shall state the time and place of the hearing, the nature of the application or petition, and a statement that describes whether this is a final decision or a recommendation that will be referred to Council for a final decision.
B. Mail
Code Amendments, Subdivisions and Planned Unit Developments
A notice containing the same information required in subsection (b)(5)A., shall be mailed by first-class mail to the current owners as listed by the Butler County Auditor, at least ten (10) days prior to the scheduled public hearing. Owners of all land within two hundred (200) feet of the perimeter of the site shall be notified of applications for code amendments, subdivisions and planned unit developments.
Variances and Conditional Uses
Owners of all land abutting the site shall be notified of applications for variances, and conditional uses. This is a courtesy notice. Failure by the Zoning Administrator to mail such notice or failure by a land owner described above to receive such notice shall not invalidate any action resulting from the public hearing.
C. Posting
At least seven (7) days prior to the public hearing, the applicant shall post signs on the site, provided by the City, along each public right-of-way that abuts the site and at other locations or intersections near or leading to the site in the right-of-way, at the discretion of the Zoning Administrator. The signs shall state that the site is the subject of a public hearing and shall list the type, time, and place of the hearing, and shall be legible from the public right-of-way. This is a courtesy notice. Failure by the Zoning Administrator to provide such signs as described shall not invalidate any action resulting from the public hearing. Removal of such signs, once set, shall be a violation of this Code in addition to any other laws against their removal that may apply.
(6) The Zoning Administrator shall include the application and any additional information the Administrator determines appropriate, including a staff report or recommendation, in the agenda for the meeting at which the public hearing is scheduled.
(7) Following the public hearing and a decision by the Planning Commission, Board of Zoning Appeals, or City Council, as appropriate, the Zoning Administrator shall implement the decisions, including the issuance or denial of permits, and shall notify the applicant of the decisions and any subsequent actions required to implement them.
(8) The Zoning Administrator shall ensure that all applications, whether approved, denied, or withdrawn prior to a public hearing, are archived in such a manner that permits a person to determine the nature of the application, the applicant’s rationale in seeking a decision in their favor, and the eventual disposition of the application.
(Ord. 2947. Passed 3-6-07.)
(a) Remedies.
(1) If any building or land is used, altered, constructed, enlarged, or any such action proposed in violation of the provisions of this chapter or any amendment or supplement thereto, the City Attorney or designee and the Enforcing Officer or designee is, in addition to other remedies provided by law, empowered and authorized to institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, enlargement, change, maintenance or use.
(b) Other action. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(c) Affected parties. The owner or tenant of any building, structure, premises or part thereof, and any architect, engineer, surveyor, builder, contractor, agent or other person who commits, participates in, assists in or maintains a violation may be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 2947. Passed 3-6-07.)
(a) Whoever violates any provision of this chapter is guilty of the following offenses and shall be subject to the following penalties:
(1) For a first offense, a minor misdemeanor.
(2) For a second offense (whether or not of the same section of this chapter, occurring not sooner than thirty days and not later than two years after the first offense) a misdemeanor of the third degree. The court shall impose upon the offender a fine of not less than two hundred fifty dollars ($250.00), no portion of which may be suspended.
(3) For a third offense (whether or not of the same section of this chapter, occurring not sooner than thirty days and not later than two years after the first offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than five hundred dollars ($500.00), no portion of which may be suspended.
(4) For a fourth offense and each subsequent offense (whether or not of the same section of this chapter, occurring not sooner than thirty days and not later than two years after the first offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than five hundred dollars ($500.00), no portion of which may be suspended, or shall impose a sentence of imprisonment for not more than thirty days, with no portion of the imprisonment sentence to be suspended, or may impose both such a fine and sentence of imprisonment.
(Ord. 2947. Passed 3-6-07.)