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CHAPTER 1262
Administration, Enforcement and Penalty
1262.01   Zoning Inspector.
1262.02   Zoning certificates and permits.
1262.03   Appeals and variances.
1262.04   Enforcement; equitable remedies.
1262.99   Penalty.
1262.01  ZONING INSPECTOR.
   The Mayor shall appoint a Zoning Inspector, whose compensation shall be determined by the Council.  It shall be the duty of the Zoning Inspector to and the Zoning Inspector shall have the following powers and duties:
   (a)   Unless specifically stated otherwise, the Zoning Inspector shall enforce the provisions of this zoning code.  The Zoning Inspector shall have all necessary authority on behalf of the Village to administer and enforce the provisions of this zoning code.  Such authority shall include the ability to order, in writing, the remedy of any condition found in violation of this zoning code and the ability to bring legal action to insure compliance with the provisions including injunction, abatement, or other appropriate action or proceeding.
   (b)   To interpret the meaning and application of this zoning code and its provisions.
   (c)   To issue all permits or certificates as provided by this zoning code and keep a record of the same with a notation of any special conditions involved.
   (d)   To accept, review for completeness, and respond to questions regarding applications upon which the Zoning Inspector is authorized by the provisions of this zoning code to review including amendments to the zoning code, site plan review, conditional uses, variances, and appeals.
   (e)   To coordinate the Village's administrative review of applications required by this zoning code, including rezoning applications, site plan review, conditional use applications, and variances.
   (f)   To maintain any records required by this zoning code including inspection documents, and records of all variances, amendments, conditional uses, site review approvals, non-conforming uses, and similar use determinations.
   (g)   To make such records available for the use of Council, the Planning Commission, and the public.
   (h)   To conduct or cause the inspection of buildings or structures and uses of land to determine compliance with this zoning code.
   (i)   To determine the existence of any violations of this zoning code and cause such notifications, revocation notices, stop work orders, or initiate such other administrative or legal action as needed, to address such violations.
   (j)   To maintain in current status the "Official Zoning District Map" of the Village.
(Ord. 1133-16.  Passed 9-12-16.)
1262.02  ZONING CERTIFICATES AND PERMITS.
   (a)   Certificate Required.  No person shall locate, erect, construct, convert, add to, move, reconstruct, enlarge, change, maintain or structurally alter any building or structure within the Village, nor shall any building, structure, or land be established or changed in use without obtaining a zoning certificate.  No zoning certificate shall be issued unless the plans for the proposed building or structure fully comply with the zoning code and site plan approval has been obtained from the Commission.
   (b)   Application for Certificate
      (1)   A copy of the site plan application and site plan approval shall be submitted to the Zoning Inspector by the Commission within ten days of approval by the Commission.  The site plan application shall also be the zoning certificate application.
      (2)   A zoning certificate application, submitted to the Zoning Inspector, shall be required for those applications exempted from the site plan approval process.  The zoning certificate application shall be signed by the owner and applicant attesting to tell the truth and exactness of all information supplied on the application.  At a minimum, the application shall contain the following information:
         A.   Name, address, and telephone number of applicant.
         B.   Legal description of property.
         C.   Existing use.
         D.   Proposed use.
         E.   Zoning district.
         F.   Plans in triplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alterations.
         G.   Building heights.
         H.   Number of off-street parking spaces.
         I.   Such other matters as may be necessary to determine conformance with, and provide for the enforcement of this zoning code.
   (c)   Issuance of Certificate
      (1)   Within ten days of receiving the site plan approval from the Commission and the fee from the applicant, the Zoning Inspector shall issue a zoning certificate.
      (2)   When a site plan approval is not required, the Zoning Inspector, within ten days of receiving a completed zoning certificate application and zoning certificate fee, shall either approve or disapprove the application in conformance with the provisions of the zoning code.
      (3)   One copy of the site plan shall be returned to the applicant by the Zoning Inspector, after he/she shall have marked such copy either approved or disapproved and attested to same by his/her signature on such copy.  One copy of the site plan, similarly marked, shall be submitted to the Commission, and the third copy shall be retained by the Zoning Inspector.
   (d)   Effective Period
      (1)   A zoning certificate shall be valid for a period of eighteen months within which period the proposed work must be substantially completed.  An extension of one year may be granted by the Commission.  If an extension is not granted by the Commission, the zoning certificate shall expire and be revoked by the Zoning Inspector, and a stop work order shall be given to the person(s) affected, together with notice that further work as described in the cancelled zoning certificate shall not proceed unless and until a new zoning certificate has been obtained or an extension granted.
      (2)   If an extension has been granted by the Commission, but the work described in the zoning certificate has not been substantially completed within two and one-half years of the date of issuance thereof, the zoning certificate shall expire and be revoked by the Zoning Inspector, and a stop work order shall be given to the person(s) affected, together with notice that further work as described in the cancelled  zoning certificate shall not proceed unless and until a new zoning certificate has been obtained.
   (e)   Certificate of Completion.  It shall be unlawful to 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 completion shall have been issued by the Zoning Inspector stating that the building and the proposed use of the structure or land conforms to the requirements of the zoning code.
   (f)   Temporary Certificate of Completion.  A temporary certificate of completion may be issued by the Zoning Inspector for a period not exceeding six months during which alterations and/or partial occupancy of a building may occur, pending its completion.
   (g)   Record of Certificates of Completion.  The Zoning Inspector shall maintain a record of all certificates of completion and a copy shall be furnished upon request to any person.
   (h)   Failure to Obtain a Zoning Certificate or Certificate of Completion.  Failure to obtain a zoning certificate or certificate of completion shall be a violation of the zoning code and shall be punishable under Section 1262.99. Notwithstanding the foregoing, as set forth in Section 1260.07, Zoning Fee Schedule, of this Planning and Zoning Code, any person that commences work without an approved zoning certificate shall be charged double the base application fee. The additional fee shall apply to all permits and approvals required by the Village for the project commenced without an approved zoning certificate.
   (i)   Schedule of Fees, Charges, and Expenses.  Council shall establish a schedule of fees, charges, and expenses and a collection procedure for zoning certificates, certificates of completion, variances, appeals, and all other matters pertaining to the zoning code.  The schedule of fees shall be posted in the office of the Zoning Inspector, and may be altered or amended only by Council.  Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
   (j)   Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates.  Zoning certificates issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, or arrangement, or construction is permitted.  Use, arrangement, or construction at variance with that authorized shall be deemed a violation of the zoning code, and punishable as provided in Section 1262.99.
   (k)   Complaints Regarding Violations.  Whenever a violation of the zoning code occurs, or is alleged to have occurred, any person may file a written complaint.  Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Inspector.  The Zoning Inspector shall record properly such complaint, immediately investigate, and take action thereon as provided by the zoning code.
   (l)   Revocation of Certificates.  Any zoning certificate that is based upon a false statement shall be revoked. Whenever the fact of such false statement shall be established to the satisfaction of the Commission, the zoning certificate shall be revoked and a stop work order shall be delivered to the holder of the revoked zoning certificate upon the premises concerned, or if such holder is not found there, by posting the stop work order in some conspicuous place upon the said premises.  Any person who shall proceed thereafter with such work or use covered by the revoked zoning certificate without having obtained a new zoning certificate shall be deemed guilty of a violation of the zoning code.
   (m)   Stop Work Order.  The Zoning Inspector shall issue a stop work order on any construction and use of land or building when a required zoning certificate has not been issued for such work or use of land or building, when a zoning certificate has been revoked for such work or use of land or building, or when a violation of the zoning code occurs.  The stop work order shall be sent in writing to the property owner or holder of the revoked certificate, or, if such person cannot be found, by posting the stop work order in some conspicuous place upon the said premises.  Any person who shall proceed thereafter with such work or use shall be deemed guilty of a violation of the zoning code.
(Ord. 639-95.  Passed 8-10-95; Ord. 1010-11.  Passed 4-11-11; Ord. 1185-18.  Passed 6-13-18.)
1262.03  APPEALS AND VARIANCES.
   (a)   Appeals.  The Commission is granted the power and responsibility to hear and decide appeals concerning the interpretation or administration of this zoning code. Appeals to the Commission concerning interpretation or administration of the zoning code may be made by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any decision of the Zoning Inspector. Such appeal shall be made within twenty days after the decision by filing with the Zoning Inspector and with the Commission, a written notice of appeal specifying the grounds upon which the appeal is being made. The Zoning Inspector shall transmit to the Commission all the papers constituting the record, based upon which the action appealed was taken.
   (b)   Fees.  See Section 1262.02(i).
   (c)   Stay of Proceedings.  An appeal stays all proceedings in furtherance of the action appealed, unless the Zoning Inspector, upon whose actions the appeal is made, certifies to the Commission after the notice of appeal is filed with him/her, that by reason of facts stated in the appeal, a stay would, in his/her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Commission or by a court of record, with a notice to the Zoning Inspector upon whose actions the appeal is made.
   (d)   Variances
      (1)   The Commission may authorize, as set forth below, and upon request in specific cases, a variance from the terms of the zoning code.
      (2)   There are two types of variances which may be granted: an area variance and a use variance.  The factors to be considered by the Commission differ for the two types of variances as follows:
         A.   Area variance - "Practical Difficulties".
            1.   An area variance is a departure from the provisions of the zoning code usually relating to setbacks, side yards, height, frontage/lot width, and lot size. These variances relate to the physical characteristics of the property. An area variance may be granted when the strict enforcement of the zoning requirements for the specific lot would present "practical difficulties", basically making the property unusable.
            2.   The factors or standards to be considered and weighed for an area variance include, but are not limited to the following:
               a.   Whether the property in question can yield a reasonable return or whether there can be any beneficial use of the property without the variance.
               b.   Whether the variance is substantial.
               c.   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
               d.   Whether the variance would adversely affect the delivery of governmental services.
               e.   Whether the property owner's predicament can be feasibly prevented, reduced, or eliminated through some method other than a variance.
               f.   Whether the spirit and intent behind the zoning requirements would be observed and substantial justice done by granting the variance.
         B.   Use variance - "Undue Hardship".
            1.   A use variance concerns the development or conversion of land for a use not permitted in a specific zoning district as specified in the zoning code.  The factors or standards applied to a use variance are those related to the concept of "unnecessary hardship".
            2.   A use variance must not be contrary to the public interest and the Commission must insure that the spirit and intent of the zoning code is observed.  In other words, the use requested must be consistent and harmonious with the existing uses in the specific zoning district. In addition, all of the following conditions must be found to exist:
               a.   Special circumstances or conditions which apply to the building or land in question, are peculiar to such lot or property and do not apply generally to other land or buildings in the vicinity and were not created by the applicant.
               b.   The granting of the variance is necessary for the preservation and enjoyment of substantial property rights and would not merely serve as a convenience to the applicant.
               c.   The variance will not reduce an adequate supply of light and air to any adjacent property or unreasonably increase the congestion in public streets or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding areas or in any way impair the health, safety, convenience, or general welfare of the inhabitants of the Village.
   (e)   Procedures.  The procedures for applying for appeals and variances are as follows:
      (1)   Application.  An appeal or variance shall not be granted unless and until a written application for such is submitted.
         A.   An application for an appeal shall contain the following information:
            1.   Name, address, and phone number of applicant(s).
            2.   Legal description of the property to which the appeal pertains.
            3.   Description of the appeal made.
         B.   An application for a variance shall contain the following information:
            1.   Name, address, and phone number of the applicant(s).
            2.   Legal description of the property.
            3.   Description of the nature of the variance requested.
            4.   Statements addressing the factors or standards listed for an area variance or a use variance.
            5.   Adequate drawings illustrating the size and location of the lot, the size and location of buildings and structures proposed and existing on the lot, dimensions of all yards and open spaces, and other information necessary for the enforcement of the zoning code.
      (2)   Public hearing.  Upon receiving a completed application for an appeal or a variance, the Commission shall comply with the notice requirements of paragraphs (e)(3) and (e)(4) hereof, and shall hold a public hearing within forty days.
      (3)   Public hearing notice.  A notice of the time, date and place of the public hearing shall be published in a newspaper of general circulation within the Village at least ten days prior to the hearing date. The notice shall set forth the nature of the variance requested or appeal made. Posting as provided for in Ohio R.C. 731.25 is allowed in lieu of a published notice.
      (4)   Adjoining property owners. The Commission shall notify owners of property contiguous to and directly across the street from the parcel involved in the appeal or variance, by a first class mailing at least seven days prior to the hearing date. The applicant requesting the appeal or variance shall provide the owners' names and addresses. Failure by the applicant to submit a correct and complete list of such owners may invalidate the Commission's actions.
      (5)   Action.
         A.   The Commission shall reach a decision on the variance or appeal within thirty days after the public hearing is/are completed. The decision of the Commission shall be by motion and the decision shall be set forth in a written decision. A certified copy of the Commission's decision shall be transmitted to the applicant and the Zoning Inspector within ten days of the date of the decision. Where special conditions or requirements are imposed they shall be incorporated on any permit issues.
         B.   Decisions of the Commission are considered an administrative action and may be appealed within thirty days of receipt of the written decision of the Commission, to the Ottawa County Court of Common Pleas pursuant to Ohio law. The Council, or any other officer, board, or department of the Village may appeal any decision of the Commission if the Village deems it may be adversely affected by the decision of the Commission. An appeal to the Court of Common Pleas shall stay all proceedings in furtherance of the action appealed, unless the Zoning Inspector whose decision is appealed from shall certify to the Court of Common Pleas after the notice of appeal is filed, that by reason of the facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by the Court.
         C.   The variance or appeal and any conditions thereto shall be made a part of the record.
      (6)   Additional conditions. The Commission shall have the power to impose additional conditions and safeguards other than those stated in the zoning code when granting variances. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance on surrounding property and the community as a whole. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the zoning code and punishable under Section 1262.99.
      (7)   Lapses of variances.  A variance, once granted, shall not be withdrawn or changed unless, after the expiration of eighteen months, no construction has taken place in accordance with the terms and conditions under which said variance was granted. In such circumstances, the variance shall be deemed null and void and all regulations governing said premises in question shall revert to those in effect before the variance was granted.
(Ord. 1133-16.  Passed 9-12-16.)
1262.04  ENFORCEMENT; EQUITABLE REMEDIES.
   (a)   This zoning code shall be enforced by the Zoning Inspector. In no case shall a site plan approval be issued if the building or use would be in violation of any of the provisions of the zoning code or of any of the ordinances of the Village.
   (b)   Violations.  Pursuant to this zoning code it shall be unlawful to:
      (1)   Use or occupy any land or place; build, erect, alter, remodel, restore, or rebuild thereon any building or structure; permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this zoning code;
      (2)   Use or occupy any parcel of land; use or occupy a new building or structure; or enlarge, substitute, or otherwise change the use, occupancy, or configuration of any land, building, or structure, without having received a zoning permit, conditional use permit, or certificate of zoning completion, as applicable, indicating compliance with the provisions of this zoning code from the Zoning Inspector;
      (3)   Violate or fail to perform any condition, stipulation, or safeguard set forth in any certificate, permit, or approval issued pursuant to this zoning code, or continue to use or occupy the premises, building, or structure as previously authorized by such certificate, permit, or approval beyond the duration limit therein stated;
      (4)   Continue construction, renovation, or improvements contrary to a stop work order or notice of violation;
      (5)   Refuse to permit the Zoning Inspector to enter any premises in the Village to investigate a reported violation of the provisions of this zoning code; or
      (6)   Knowingly, make any materially false statement of fact in an application to the Zoning Inspector for development plan approval, a zoning permit, conditional use permit, certificate of non-conforming use, or certificate of zoning compliance, or in the plans or specifications submitted to the Zoning Inspector in relation to such application.
   (c)   Any site plan approval that is issued based upon a false statement by the applicant shall be revoked. Whenever the fact of such false statement shall be established to the satisfaction of the Commission, the site plan approval shall be revoked by delivering a notice in writing to the holder of the revoked site plan approval upon the premises concerned or if such holder is not found there, by posting said notice of revocation in some conspicuous place upon the said premises. Any person who shall proceed thereafter with work or use covered by the revoked site plan without having obtained a new site plan approval, shall be deemed guilty of a violation of the zoning code.
   (d)   Violation Considered a Nuisance. Any building or structure erected, altered, moved, razed, or converted, or any use of land or premises carried on in violation of any provision of this zoning code may be declared to be a nuisance. Any building or land use activity considered to be a possible violation of any provision of this zoning code that is observed by any Village official shall be reported to the Zoning Inspector.
   (e)   Inspection of Property. The Zoning Inspector may inspect any building or structure erected, altered, moved, razed, or converted, or any use of land or premises carried on in alleged violation of any of the provisions of this zoning code including any alleged failure to comply with any conditions placed upon an application at the time of approval.
   (f)   Notice of Violation.
      (1)   Upon finding a violation, the Zoning Inspector shall order, in writing, the owner, agent occupant or operator of such building, structure, or premises to correct, within a stated reasonable time, all conditions that are found to be in violation of this zoning code.  After such a notice is served, no work, except to correct the violation or comply with the notice, shall proceed on any building, structure, or premises included in the violation.
      (2)   Such notice of violation shall be by either personal delivery to the person or persons responsible, or by certified mail, addressed to the person or persons responsible at the last known address.
   (g)   Issuance of a Citation. Prior to the issuance of any citation the Zoning Inspector shall consult with the Village Solicitor to insure that the zoning code is being properly administered.
(Ord. 1133-16. Passed 9-12-16.)
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