(a) Administration, Code Enforcement Officer. This Zoning Ordinance shall be administered and enforced by the Code Enforcement Officer who shall report to the village Administrator. The duties of the Code Enforcement Officer are:
(1) To issue a Certificate of Zoning Compliance when these regulations have been followed or, to refuse to issue the same in the event of non- compliance.
(2) 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.
(3) 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.
(4) To inspect any building or land to determine whether any violations of this Zoning Ordinance have been committed or exist.
(5) To enforce this Zoning Ordinance and take all necessary steps to remedy any condition found in violation by ordering in writing, a discontinuance of illegal uses or illegal work in progress, and may request the Village Solicitor to commence appropriate action.
(6) To keep the Planning Commission advised of all matters other than routine duties pertaining to the enforcement of this Zoning Ordinance and to transmit all applications and records pertaining to supplements and amendments.
(7) To keep the Board of Zoning Appeals and Architectural Review Board advised of all matters pertaining to the Conditional Use permits, appeals or variances and to transmit all applications and records pertaining thereto.
(8) To keep the Village Council advised on all matters pertaining to zoning, variances, conditional use permits, appeals and the like, and to transmit all applications of records pertaining there to as required by this Code.
(Ord. 363. Passed 6-22-81; Ord. 07-2004. Passed 5-24-04; Ord. 27-2006. Passed 10-9-06.)
(b) Certificate of Zoning Compliance. No occupied or vacant land shall be changed in its use in whole or part until the Certificate of Zoning Compliance shall have been issued by the Code Enforcement Officer. No existing or new building shall hereafter be changed in its use in whole or in part until the Certificate of Zoning Compliance shall have been issued by the Administrative Officer. This section shall in no case be construed as requiring a Certificate of Zoning Compliance in the event of a change in ownership or tenancy only without a change in use or intended use, provided that no repairs, alterations, or additions are proposed for such building.
(c) 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.
(Ord. 363. Passed 6-22-81.)
(d) Application for Certificate. For all projects except patios, decks, sidewalks, curb and driveway replacement and other minimum disturbance projects that are not required by the Ohio Environmental Protection Agency to provide an erosion and sediment (E&S) control plan, an E&S control plan must be submitted with the application. Applicable projects include, but are not limited to: alteration, construction, installation, demolition or removal of a structure, impervious surface or drainage facility; clearing, scraping, grubbing, killing or otherwise removing the vegetation forma site; adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging; or otherwise significantly disturbing the soil, mud, sand or rock of a site. A minimum site disturbance (other than those listed below) does not exist for this requirement.
(1) Responsibility. The developer/builder shall designate an individual responsible for the E&S controls on the site. This designee will be responsible for contacting the Village to request the initial E&S controls inspection and ensuring the necessary monitoring and maintenance of controls routinely occurs on the site.
(2) Requirements. Projects are required to comply with the Village's Stormwater Management regulations. The following is a guideline of submittals and subsequent inspections:
A. Commercial Construction Sites and Individual Residential Lots
1. Applicant will provide all necessary E&S controls on the construction civil drawings and residential lot plot plans. See Exhibit A for an example of the residential lot erosion control plan. Applicant will also need to provide confirmation that a Notice of Intent (NOI) application for coverage under OEPA's National Pollutant Discharge Elimination System (NPDES) Construction Storm Water General Permit Coverage has been submitted. Example can be found in Exhibit B. The information submitted to the Village shall be in compliance with the applicant's NPDES permit.
2. Applicants are required to inspect their sites weekly and within 24 hours of a 0.5" or greater rainfall. The Village Zoning Inspector, or his/her designee, will visit the sites periodically, at least monthly, and as necessary after heavy rains, to ensure controls are in place and maintained, and that applicants are conducting their weekly inspections which are documented on a site log sheet.
B. Public Improvement Portions of Subdivisions and Capital Improvement Projects
1. Applicant will provide all necessary E&S controls on construction civil drawings. This will be approved as part of the plan review process as required by the type of project. Applicant will also need to provide confirmation that a NOI application for coverage under OEPA NPDES Construction Storm Water General Permit Coverage has been submitted. Example forms can be found in Exhibit B. The informations submitted to the Village shall be in compliance with applicant's NPDES permit.
2. These projects are to be inspected every week and within 24 hours of a 0.5" or greater rainfall by the Village Zoning Inspector, or his/her designee.
Applicants are encouraged to utilize all necessary technologies to fully understand their sites drainage and the Village's requirements to develop site specific plans. Applicant's plans shall emphasize prevention of erosion over treatment and capture of sedimentation. E&S control plans shall include all information necessary to install the controls effectively and efficiently.
C. Penalty. The Village reserves the right to require modification to any approved plans that are deemed ineffective in controlling erosion and containing sedimentation of soils. If the corrective actions are not satisfactorily completed or controls are not installed and maintained, the Village may issue a Notice of Violation pursuant to Section 929.09 of the Codified Ordinances of the Village of Shawnee Hills and/or proceed with other enforcement remedies as provided by Ohio Law or Village Code.
(3) In addition to the E&S control plan if required, each application for Certificate of Zoning compliance for new development shall be accompanied by a plan and supporting documentation in quadruple to scale, three copies of which shall be returned to the owner upon approval. The physical survey stamped and signed by a registered surveyor shall show the following:
A. The actual dimensions of the lot.
B. Lot numbers.
C. Easements and road pavement locations.
D. Setbacks from street right of way and street pavement to the front of the structure.
E. Exact size, location and intended use of all proposed structures on the site.
F. Driveway location, width and setback from neighboring property line.
G. Trees greater than 6 inches in diameter.
H. Blue prints showing all floor plans, existing elevations, proposed finished elevation, square footage of the building and building height.
I. Such other information with regard to the lot and neighboring lots may be necessary to determine and provide for the enforcement of this Zoning Ordinance.
(Ord. 7-2014. Passed 5-12-14.)
(Ord. 7-2014. Passed 5-12-14.)
(e) A Development Drainage Plan is required and must be stamped/signed by a Licensed Architect, Certified Landscape Architect or a Registered Professional Engineer. Include information as listed on the Village of Shawnee Hills Site Plan or Conceptual Grading Plan Requirements as on file. (Ord. 03-2004. Passed 3-22-04.)
(f) Issuance and Expiration of Certificates: Certificate of Zoning Compliance shall be issued or denied within ten (10) business days after the date of receiving a complete application. Written notice of such denial and reason thereof shall be given to the applicant.
A Certificate of Zoning Compliance shall expire and be revoked by the Code Enforcement Office if either (1) the work described in the application has not substantially begun within one year from date the Certificate was issued or (2) has not been completed within two years from the date the Certificate was issued. Written notice thereof shall be given to the applicant, together with notice that further work shall not proceed unless and until a new Certificate of Zoning Compliance has been applied for and issued. If a new, complete application is received by the Village within thirty (30) days after the Certificate of Zoning Compliance expired, the applicant does not have to pay the New Certificate of Zoning Compliance Application Fee. If a new complete application is not received by the Village within thirty (30) days after the Certificate of Zoning Compliance expired, the applicant shall pay the New Certificate of Zoning Compliance Application Fee in effect at the time the new application is made. (Ord. 11-2020. Passed 7-13-20.)
(g) A Zoning Inspection Certificate and a final drainage inspection is required before an occupancy permit will be granted by Delaware County Code Compliance.
(h) If Village Code does not specifically address an area then the Delaware County Building Code will be used for clarification. (Ord. 03-2004. Passed 3-22-04.)
(i) Secured Structures: Once a Certificate of Zoning Compliance is issued, all structures shall be secured, during the construction process, so as to prevent ingress and egress of: individuals not working on or in the structure/site; rodents; animals; or other vermin. Structures not so secured shall be considered a Blighting Influence and/or Vacant Building and subject to the rules, regulations, and penalties provided in Chapter 1307.
(Ord. 11-2020. Passed 7-13-20.)