CHAPTER 1173
Administration
1173.01   Office of Zoning Inspector created.
1173.02   Duties of Zoning Inspector.
1173.03   Planning Commission created.
1173.04   Duties of Planning Commission.
1173.05   Proceedings of Planning Commission.
1173.06   Board of Zoning Appeals created.
1173.07   Duties of the Board of Zoning Appeals.
1173.08   Proceedings of the Board of Zoning Appeals.
1173.09   Hearing of Board of Zoning Appeals.
1173.10   Action by the Board of Zoning Appeals.
1173.11   Duties of Zoning Inspector, Board of Zoning Appeals, legislative authority and courts on matters of appeal.
1173.12   Procedures and requirements for administrative review.
1173.12.1   Administrative review.
1173.12.2   Stay of proceedings.
1173.13   Procedures and requirements for variances.
1173.13.1   Procedures for consideration of petitions for variance.
1173.13.2   Application and standards for variances.
1173.13.3   Supplementary conditions and safeguards.
1173.14   Procedure and requirements for approval conditional use permits.
1173.14.1   General.
1173.14.2   Contents of application for conditional use permit.
1173.14.3   General standards applicable to all conditional uses.
1173.14.4   Supplemental safeguards and conditions.
1173.14.5   Expiration of conditional use permit.
1173.15   Determination of similar uses.
1173.16   Determination of district boundary location.
1173.17   Amendment limitation.
1173.01 OFFICE OF ZONING INSPECTOR CREATED.
   The Council of the City of Uhrichsville hereby establishes the office of Zoning Inspector. The person filling such office is to be designated as the Zoning Inspector. The Mayor of the City of Uhrichsville shall appoint the Zoning Inspector and City Council shall have the authority to confirm or deny such appointment with a 3/4s vote of the total members elected. The Mayor may appoint the Director of Public Service or the Director of City Services (a dual position encompassing the statutory duties of the Director of Public Service and the Director of Public Safety) to serve in the office of the Zoning Inspector. The Zoning Inspector shall administer and enforce this Zoning Ordinance. He/she may be provided with the assistance of such other persons as the Council may authorize.
(Ord. 13-12. Passed 8-9-12.)
1173.02 DUTIES OF ZONING INSPECTOR.
   For the purpose of this Zoning Ordinance, the Zoning Inspector shall have the following duties:
   (a)   Upon finding that any of the provisions of this Zoning Ordinance are being violated shall notify in writing by regular US mail the person responsible for such violation(s) ordering the action necessary to correct such violation;
   (b)   Order discontinuance of illegal uses of land, buildings or structures;
   (c)   Order removal of illegal buildings or structures or illegal additions or structural alterations;
   (d)   Order discontinuance of any illegal work being done;
   (e)   Issue receipts and maintain a record thereof for all fees collected;
   (f)   Take any other action authorized by this Zoning Ordinance to ensure compliance with or to prevent violation(s) of this Zoning Ordinance. This may include the issuance of and action on zoning permits and certificates of zoning compliance and such similar administrative duties as are permissible under the law, to include the maintenance of records as required by Section 1173.08.
      (Ord. 13-12. Passed 8-9-12.)
1173.03 PLANNING COMMISSION CREATED.
   A Planning Commission has been created in accordance with ORC 713.01. The Planning Commission has the powers of zoning and all the power and authority conferred upon City Planning Commissions by the Ohio Revised Code and such other duties as may be imposed upon it by the ORC. (Ord. 13-12. Passed 8-9-12.)
1173.04 DUTIES OF PLANNING COMMISSION.
   For the purpose of this Zoning Ordinance the Planning Commission shall have the following duties:
   (a)   Initiate proposed amendments to this Zoning Ordinance;
   (b)   Review all proposed amendments to this Zoning Ordinance and make recommendations to the City Council.
   (c)   Review all planned unit developments and make recommendations to the City Council.
   (d)   Perform other duties specified in the Zoning Ordinance.
      (Ord. 13-12. Passed 8-9-12.)
1173.05 PROCEEDINGS OF PLANNING COMMISSION.
   The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Planning Commission may determine. All meetings shall be open to the public. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the office of the Planning Commission. The official copy of the minutes of all proceedings will be signed by the Planning Commission Chairman and Secretary. (Ord. 13-12. Passed 8-9-12.)
1173.06 BOARD OF ZONING APPEALS CREATED.
   A Board of Zoning Appeals has been created in accordance with ORC 713.11(A). The Board of Zoning Appeals shall elect its own officers annually three (3) members of the Board of Zoning Appeals shall constitute a quorum for the conducting of business. It shall require a majority of votes to pass a motion or take official action.
(Ord. 13-12. Passed 8-9-12.)
1173.07 DUTIES OF THE BOARD OF ZONING APPEALS.
   In exercising its duties the Board may, as long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The majority of votes of the sitting Board shall be necessary to reverse any order, requirements, decision or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Ordinance or to affect any variation in the application of this Zoning Ordinance. For the purpose of this Zoning Ordinance the Board has the following specific responsibilities:
   (a)   Administrative review;
   (b)   Determination of similar uses;
   (c)   Determination of district boundary location;
   (d)   Granting conditional use permits;
   (e)   Authorizing variances.
      (Ord. 13-12. Passed 8-9-12.)
1173.08 PROCEEDINGS OF THE BOARD OF ZONING APPEALS.
   The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The Chairman, or in his absence the acting chairman, may compel the attendance of witnesses. Oral testimony given as evidence must be given under oath. Oaths will be administered by a notary public. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each appeal considered by the Board, and the section of this Zoning Ordinance where applicable which the Board has considered in approving or disapproving any petition or other matter brought before the Board, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board. The official copy of the minutes of all proceedings will be signed by the Board Chairman and Secretary.
(Ord. 13-12. Passed 8-9-12.)
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