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Archbold City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 152.150 ZONING INSPECTOR.

   (A)   It shall be the duty of the Zoning Inspector or designee, to enforce this chapter. It shall also be the duty of all officials and employees of the municipality to assist the Zoning Inspector by reporting new construction, reconstruction, or land uses or upon seeing violations.
   (B)   Appeal from the decision of the Planning/Zoning Inspector may be made to the Board of Zoning Appeals, as provided in § 152.133.
(Ord. 2022-25, passed 3-21-2022)

§ 152.151 ZONING PERMIT REQUIRED.

   (A)   It shall be unlawful for an owner to use or to permit the use of any structure, building or land, or part thereof, created, erected, changed, converted, or enlarged, wholly or partly, unless a zoning permit has been issued by the Zoning Inspector. It shall be the duty of the Zoning Inspector to issue a permit, provided that the structure, building or premises, and the proposed use thereof conform with all the requirements of this chapter. No permit for excavation, construction or reconstruction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of this chapter.
   (B)   Upon written request from the owner or tenant, the Zoning Inspector shall provide a zoning letter for any building or premises existing at the time of enactment of this chapter certifying, after inspection, the use of the land, building or premises conforms to the provisions of this chapter or is deemed legally nonconforming due to its existence prior to enactment of this chapter and in compliance with § 152.060, Nonconforming Uses.
   (C)   A zoning permit issued shall be void unless construction is commenced within one year after date of issuance and unless construction is completed within two years after the date of issuance. However, the Board of Zoning Appeals may, for just cause be authorized to extend either or both of the time periods upon written application. No zoning permit issued shall be extended beyond four years.
   (D)   A zoning permit shall be required for any of the following:
      (1)   Construction or alteration of any building or structure, including accessory buildings.
      (2)   Change in use of an existing building, accessory structure or land to a different use or classification per the Wood County Building Code.
      (3)   Occupancy and use of vacant land.
      (4)   Any change in an existing legal nonconforming use.
      (5)   Site improvements such as parking lots, driveways and swimming pools.
      (6)   Annexed lands whereby construction commenced prior to annexation.
(Ord. 2022-25, passed 3-21-2022)

§ 152.152 APPLICATION AND ISSUANCE OF ZONING PERMIT.

   (A)   Written application for a zoning permit shall be filed on forms approved by the Zoning Inspector including any additional information prescribed by the Zoning Inspector. Zoning permits not requiring Board or Commission after filing and given completeness, provided such construction or alteration is in conformity with the provisions of this chapter.
   (B)   Every application for a zoning permit shall be accompanied by a sketch, and such other plans as may be necessary to show the location and type of building improvement or alterations to be made. Supplemental permit requirements may be established by the Zoning Inspector for different permit types
      (1)   Each plan shall show:
         (a)   The street providing access to the lot and cross street.
         (b)   The actual dimensions of the lot, the yard and other open space dimensions thereof, and the location and size of any existing structure thereon.
         (c)   The location and size of the proposed structure, and/or the proposed enlargement of the existing structure, and all other existing structures and improvements on the site.
         (d)   Any other information, which in the judgment of the Planning/Zoning Inspector may be necessary to provide for the enforcement of this chapter.
      (2)   Each plan shall bear statements declaring:
         (a)   That no part of the land involved in the application has been previously used to provide required setback space or lot area for another structure.
         (b)   Location of property lines, easements and other instruments regarding real property are not the responsibility of the municipality. Should any approved permit or structure conflict with legal lot lines and locations; it is a civil matter and Archbold shall be held harmless.
      (3)   Where complete and accurate information is not readily available from existing records, the Zoning Inspector may request the applicant furnish a survey of the lot by a registered engineer or surveyor.
         (a)   Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.
         (b)   A file of such applications and plans shall be kept in the office of the Zoning Inspector.
   (C)   The Zoning Inspector shall not issue a zoning permit for any application requiring consideration or approval by the Board of Zoning Appeals and Planning Commission.
(Ord. 2022-25, passed 3-21-2022)

§ 152.153 FLOOD DAMAGE PREVENTION PROVISIONS.

   The Zoning Inspector shall review all zoning permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and manufactured homes) must comply with the requirements of Chapter 150: Flood Damage Prevention.
(Ord. 2022-25, passed 3-21-2022)

§ 152.154 FEE FOR DEVELOPMENT REVIEW AND ZONING PERMITS.

   (A)   Schedule of fees. The Council shall establish a schedule of fees, charges, and expenses, and a collection procedure for all applications, permits, appeals, and other matters pertaining to this title. The schedule of fees shall be posted at the Engineering and Zoning Department and may be altered from time to time by Council.
   (B)   Zoning fees. Each applicant shall pay a non-refundable submittal fee at the time of application. This fee is intended to as an administrative processing fee for initial review of a permit or development application. This fee does not include material costs such as publication and postage.
   (C)   Cost recovery. Material costs incurred such as advertising and postage as well as professional services such as legal, engineering, or planning consultants required for application review shall be the responsibility of the applicants and shall be reimbursed to the municipality at cost.
(Ord. 2022-25, passed 3-21-2022)

§ 152.155 ENFORCEMENT.

   (A)   The Zoning Inspector shall serve as the primary enforcement officer in administering the enforcement of the zoning code and property maintenance code.
   (B)   The Zoning Inspector shall issue all necessary notices or orders to ensure compliance with the Code.
   (C)   The Zoning Inspector may call upon any department for whatever assistance may be necessary to abate a violation of the property maintenance code.
(Ord. 2022-25, passed 3-21-2022)

§ 152.156 VIOLATIONS; AFFECTED PARTIES.

   In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, the Zoning Inspector, Legal Counsel, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, or proceedings to prevent, enjoin, abate or remove such unlawful location, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 2022-25, passed 3-21-2022)