Bellefontaine City Zoning Code

TITLE THREE

ZONING ADMINISTRATION

CHAPTER 1123 Definitions and Illustrations

All definitions and illustrations set forth in Title One - Planning, Chapter 1103 are applicable to all zoning issues.

1121.01 TITLE.

This ordinance shall be known and may be cited and referred to as the "City of Bellefontaine, Ohio, Zoning Ordinance."

1121.02 PURPOSE.

This Zoning Ordinance is enacted for the purpose of promoting public health, safety! morals, comfort and general welfare; to conserve and protect property and property values; to secure the most appropriate use of land, and to facilitate adequate and economical provisions for public improvements, all in accordance with a comprehensive plan for the desirable future development of the City, and to provide a method of administration and prescribe penalties for the violations of provisions hereafter described.

1121.03 MINIMUM REQUIREMENTS.

In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements. Wherever this Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Ordinance shall govern.

1121.04 VALIDITY.

This Zoning Ordinance and the various parts, articles and paragraphs thereof are hereby declared to be severable. If any article, section, subsection, paragraph, sentence or phrase of this Ordinance is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

1121.05 ADMINISTRATION.

This Ordinance shall be administered by the City Zoning Inspector.

1121.06 AMENDMENTS.

This Ordinance may be amended as required and specified in the appropriate sections of the Ohio Revised Code by the council of the City of Bellefontaine, Ohio.

1125.01 ESTABLISHMENT; MEMBERSHIP.

A Board of Zoning Appeals is hereby created. Such Board shall consist of five members, who shall be residents of the City. The members shall be appointed by the Mayor and confirmed by Council. Vacancies shall be filled in the same manner for the unexpired term. The terms of all members shall be of such length and so arranged that the term of one member will expire each year. Each member shall serve until his successor is appointed and qualified. Members of the Board shall be removable for nonperformance of duty, misconduct in office, or other causes, by Council, upon written charges having been filed with Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail, or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.

1125.02 PROCEDURE.

The Board of Zoning Appeals shall organize and adopt rules for its own government in accordance with this Zoning Ordinance. Meetings of the Board 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 administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each questions, 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 immediately filed in the office of the Zoning Inspector and shall be a public record.

1125.03 QUORUM.

Three members of the Board of Zoning Appeals shall constitute a quorum. The Board shall act by resolution; and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector, or to decide in favor of an applicant in any matter of which Council has original jurisdiction under this Zoning Ordinance, or to grant any variance from the requirements stipulated in this Ordinance.

1125.04 ASSISTANCE OF OTHER DEPARTMENTS.

The Board of Zoning Appeals may call upon City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

1125.05 APPLICATIONS.

An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Ordinance may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the zoning Inspector who shall transmit the same to the Board.

1125.06 APPEALS.

An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any office of the City affected by any decision of the Zoning inspector. Such appeal shall be taken within twenty days after the decision, filing with the Zoning Inspector and with the Board, a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit the Board all the papers constituting the record upon which the action appealed from we. taken.

1125.07 HEARINGS.

The Board of Zoning Appeals shall fix a reasonable time for the hearing of the application or appeal and give ten days notice to the parties in interest, which shall include at a minimum those persons residing within 200 feet of the subject property. Each application or appeal shall be accompanied by a check, payable to the Treasurer of the City, or a cash payment, sufficient in amount to cover the cost of publishing and/or posting and mailing the notices of hearing or hearings, but in no event shall it be less than forty dollars ($40.00).

At the hearing, any party may appear in person or by attorney. Any party adversely affected by the decision of the Board may appeal to the Court of Common Pleas of Logan County, Ohio.

1125.08 DECISIONS OF THE BOARD.

The Board of Zoning Appeals shall decide all applications and appeals within thirty days after the final hearing thereon.

A certified copy of the Board's decision shall be transmitted to the applicant or appellant, and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board finds the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

1125.09 STAY OF PROCEEDINGS.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board of Zoning Appeals after notice of appeal has been filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life or property.

1125.10 CONDITIONAL USES, EXCEPTIONS AND INTERPRETATION OF ZONING MAPS.

The Board of Zoning Appeals shall have the power to hear and decide, in accordance with the provisions of this Zoning Ordinance, applications, filed as hereinbefore provided, for conditional uses, exceptions or for interpretation of the Zoning Map, or for decisions upon other special questions on which the Board is authorized by this Ordinance to pass. In considering an application for a conditional use, an exception or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a-conditional use or exception, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning Ordinance for the particular conditional use or exception as the Board may deem necessary for the protection of adjacent p:cgerties and the public interest.

1125.11 OTHER CONDITIONAL USES.

In addition to permitted conditional uses and exceptions hereinbefore specified, the Board of Zoning Appeals shall have the power to permit the following conditional uses and exceptions:

(a) Nonconforming Uses; Substitution. The substitution of a nonconforming use existing as of the date of passage of this Ordinance by another nonconforming use, if no structural alterations, except those required by law or resolution, are made; provided, however, in an R District no change shall be authorized by the Board to any use which is not a permitted or conditional use in any R District, and in a B District no change shall be authorized to any use which is not a permitted or conditional use in any B District.

(b) Nonconforming Uses, Extension. The extension of a nonconforming building upon the lot occupied by such building, or on an adjoining lot; provided that such lot was under the same ownership as the lot in question at the time the use of such building became a nonconforming use; provided that the value of such extension shall not exceed in all twenty-five percent of the assessed valuation for tax purposes of the existing building devoted to a nonconforming use, and that such extension shall be within a distance of not more than fifty feet of the existing building or premises. Such extension shall in any case be undertaken before the date of passage of this Ordinance. However, the Board shall not authorize any extension or enlargement which would result in extending the useful life of a nonconforming building, or which would result in violation of the provisions of this Zoning Ordinance with respect to any adjoining premises.

(c) Extension of Use on Border of District. The extension of a use or building into a more restricted district immediately adjacent thereto, but not more than twenty-five feet beyond the dividing line of the two districts, under conditions as will safeguard development in the more restricted district.

(d) Conditional Industrial Uses. In parts of any M-2 District that are more than 600 feet distant from any R District, and more than 200 feet from every other district except an M-1 District, any of the industries or uses listed in Section 1153.02 . In permitting such uses, the Board may require the installation, operation and maintenance in connection with the proposed use of such devices or such methods of operation as may, in the opinion of the Board, be reasonably required to prevent or reduce fumes, gas, dust, smoke, odor, water-carried waste, noise, vibration or similar objectionable features, and may impose such conditions regarding the extent of open spaces between such industries or uses and surrounding properties as will tend to prevent or reduce the harm which might otherwise result from the proposed use of surrounding properties and neighborhoods.

(e) Temporary Structures and Uses. The temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Ordinance for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a twelve month period subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

1125.12 INTERPRETATION OF ZONING .

Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot line. as shown on the Zoning Map, the Board of Zoning Appeals after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Ordinance. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Map may be made to the Board and a determination shall be made by the Board.

1125.13 VARIANCES.

(a) Administrative Review. The Board of Zoning Appeals shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Inspector or other administrative official in the interpretation of the provisions of this Zoning Ordinance.

(b) Literal Enforcement Would Create Undue Hardship. The Board shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions of requirements of this Zoning Ordinance as will not be contrary to the public interest; but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Ordinance would cause undue and unnecessary hardship.

(c) Prevailing Conditions. Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Zoning Ordinance, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this

Ordinance would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this Ordinance. The Board shall have power to authorize a variance, from the terms of this Ordinance, so as to relieve such hardship, and so that the spirit and purpose of this Ordinance shall the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of the Ordinance and in the public interest. In authorizing a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it may deem to be necessary, that the conditions attached are being and will be complied with.

(d) Findings of the Board. No such variance in the provisions or requirements of this Zoning Ordinance shall be authorized by the Board unless the Board findings, beyond reasonable doubt, that all the following facts and conditions exist:

(l) Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district;

(2) Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity;

(3) Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Zoning Ordinance or the public interest.

(e) Not of General Nature. No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property, or the intended use of the property, for which variance is sought, one or the other or in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.

(f) Board May Reverse Orders, Etc. In exercising its power, the Board may, in conformity with the provisions of statute and of this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made and to that end shall have all powers of the office from whom the appeal is taken.

1127.01 ENFORCEMENT BY ZONING INSPECTOR.

There is hereby established the office of Zoning Inspector and for the purposes of this Zoning Ordinance, the City Engineer is hereby designated as the Zoning Inspector. It shall be the duty of the Inspector to enforce this Ordinance in accordance with the administrative provisions of Part Thirteen -Building Code and this Zoning Ordinance. All departments, official and public employees of the Municipality vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Ordinance and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Ordinance, shall be null and void.

1127.02 FILING PLANS.

Every application for a zoning certificate shall be accompanied by plans in duplicate, drawn to scale in black line or blue print, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structure to be erected or altered; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate; and when no buildings are involved, the location of the present use and proposed use to be made of the lot; and such other information with regard to the lot and neighboring lots as may be necessary to determine the provide for the enforcement of this Zoning Ordinance. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Zoning Inspector, together with such zoning certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon, shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

1127.03 CERTIFICATE OF HEALTH OFFICER.

In every case where the lot is not provided and is not proposed to be provided with public water supply and/or the disposal of sanitary wastes by means of public sewers, the applications shall be accompanied by a certificate of approval by the Logan County Health District of the proposed method of water supply and/or disposal of sanitary wastes.

1127.04 USE PROHIBITED WITHOUT ZONING CERTIFICATE.

No owner shall use or permit the use of any structure, building or land or part thereof, hereafter created, erected, changed, converted or enlarged wholly or partly, until a zoning certificate has been issued by the Zoning Inspector. The zoning certificate shall show that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Ordinance. It shall be the duty of the Zoning Inspector to issue a zoning certificate, provided he is satisfied that the structure, building or premises, the proposed use thereof, and the proposed methods of water supply and disposal of sanitary wastes, conform with all the requirements of this Ordinance.

1127.05 EXCAVATIONS; PERMIT.

No permit for excavation or construction shall be issued by the Zoning Inspector, unless the plans, specifications and the intended use conform to the provision of this Zoning Ordinance.

1127.06 ACTION UPON APPLICATIONS.

The Zoning Inspector shall act upon all such applications on which he is authorized to act by the provisions of this Zoning Ordinance within thirty days after they are filed in full compliance with all the applicable requirements. He shall either issue a zoning certificate within thirty days

or shall notify the applicant in writing of his refusal of such certificate and the reasons therefore. Failure to notify the applicant in case of such refusal within thirty days shall entitle an applicant to a zoning certificate, unless the applicant consents to an extension of time.

1127.07 FEES.

(a) Collection. Fees shall be collected by the Zoning Inspector before a zoning certificate is issued. These fees may only be waived by an action of Bellefontaine City Council. The Zoning Inspector does not have the authority to waive any zoning certificate fees.

(b) Schedule. The fees for the zoning certificate are on file in Bellefontaine City Engineer's Office. (Ord. 24-85. Passed 11-26-24.)

1127.08 UNLAWFUL ACTS.

No person, firm or corporation shall erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another to occupy, or permit another person to occupy or use, any structure, building, land or equipment regulated by this Code, or cause the same to be clone, contrary to, in conflict with or in violation of any of the provisions of this Code, or fail to obey a lawful order of the Zoning Inspector, or remove or deface a placard or notice posted under the provisions of this Code.

(Ord. 24-85. Passed 11-26-24.)

1127.09 VIOLATIONS.

(a) No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provision of this Zoning Ordinance, or any amendment or supplement thereto adopted by Council.

(b) Upon a determination by the Zoning Inspector that any subsection hereof is being violated, the Zoning Official shall cause a written notice to be served upon the owner, lessee, agent, tenant, occupant or person having control of such land; and in the case of a "vehicle" (meaning a motor vehicle as defined in Section 341.01(r) including trailers, commercial motor vehicles as defined in Section 341.01(c) including any motor vehicle with a gross vehicle weight rating ("GVWR") of over 10,000 pounds in the Codified Ordinances of The City of Bellefontaine, Ohio, recreational vehicles as defined in Ohio Revised Code Section 4501.01(Q), and watercraft), the registered owner of the vehicle, as the violator(s), notifying such person(s) that the offense shall be brought into compliance with these provisions within five (5) clays after service of such notice. Such written notice shall contain:

(1) The name of the violator.

(2) The property address at which the motor vehicle or watercraft is located.

(3) The make and model of the vehicle, if applicable

(4) The license plate number, if any.

(5) The vehicle identification number (VIN), if available.

(6) A description of the condition of said vehicle, if applicable

(7) A statement to the effect that the person in charge or in control of the private property, and in a case with a vehicle located upon such property, the titled owner of such vehicle jointly and severally liable for all costs incurred by the City for the removal, storage and disposal of such vehicle or abatement of the violation, plus an administrative fee in the amount of one hundred and fifty dollars ($150.00).

(8) A notice of any right to appeal.

(d) If the owner, lessee, agent or person having charge of the land, or the registered owner of the vehicle, served with the notice, fails to remedy the violation or remove such vehicle as required herein, the Zoning Inspector is authorized to abate such violations and/or remove and impound any such vehicle remaining at any place within the City in violation of this section. Such vehicle or shall be impounded until lawfully claimed or disposed of. Upon impounding of a vehicle or a photograph shall be taken of the same, and an inventory search shall be conducted.

(e) All expenses related to the abatement of the violation and/or the removal and impoundment of such vehicle by the City shall be paid out of funds appropriated by Council. The expenses shall consist of the following:

(1) All direct costs for the removal and impoundment of the vehicle and/or

(2) Abating the violation; plus

(3) The costs for preparing and serving all notices; plus

(4) An administrative fee in the amount of one hundred and fifty dollars ($150.00).

(f) In the event that the owner or other person in charge or control of such property, and/or the title owner of said vehicle, fails to pay such expenses within thirty days after being notified in writing, by regular U.S. mail, of the amount thereof by the Zoning Official, the expenses set forth subsection (e) hereof may be collected using one or more of the following methods, provided, however, that the expenses may only be collected once:

(1) Such expenses may be submitted by the Zoning Inspector to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or

(2) The Director of Law is authorized to bring suit and take other necessary legal action to collect all such expenses.

(g) The owner, lessee, agent, tenant or person otherwise having charge or control of such premises, and/or the titled owner of such vehicle, are jointly and severally liable for all expenses incurred by the City as set forth in subsection (e) hereof.

(h) The movement of a vehicle in violation of this section to any other location within the City limits that does not abate the violation under this section shall not constitute compliance with this section.

(i) Any person who has received notice to remove a vehicle may appeal to the Board of Zoning Appeals. An appeal must be filed within five (5) days after service of the notice, excluding Saturdays, Sundays and holidays, together with a fee of forty dollars ($40.00) for the cost of the appeal. The forty dollars ($40.00) will be refunded if the appeal is successful. The scope of the appeal shall be limited to:

(1) Determining whether the person requesting such appeal is in charge or in control of the real property involved or is the registered owner of the vehicle involved and

(2) Whether the parking, keeping or storage of the vehicle involved is in violation of this section. At such appeal, the appellant must appear in person, and the City and the appellant may introduce such witnesses and evidence as each party deems necessary. The appeal provision provided herein shall be the exclusive method of appeal of notices of violations of this section.

(j) The remedies provided in this section shall be in addition to the remedies available in Section 1127.10 and the penalty provided in Section 1127.99.

(Ord. 24-85. Passed 11-26-24.)

1127.10 PROSECUTION.

In case of any unlawful acts, the Code Official shall institute an appropriate action or proceeding at law to exact the penalty provided in Section 1127.99. Also, the Code Official shall ask the jurisdiction's legal representative to proceed at law or equity, including injunctive relief, against the person responsible for violation for the purpose of ordering that person:

(a) To restrain, correct or remove the violation or refrain from any further violations;

(b) To restrain or correct the erection, installation, maintenance, repair or alteration of such premises or structure;

(d) To prevent the occupancy of the structure that is not in compliance with the provisions of this Code.

(Ord. 24-85. Passed 11-26-24.)

1127.11 FORM.

The notice prescribed in Section 1127.09 shall:

(a) Be in writing;

(b) Include a description of the real estate sufficient for identification;

(d) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit, structure or premises into compliance with the provisions of this Code;

(e) Include assessment of Civil Penalty and Notice of Re-inspection Fees if there is failure to bring premises into compliance; and,

(f) Include a statement notifying the person of any administrative appeal rights and procedures. (Ord. 24-85. Passed 11-26-24.)

1127.12 METHOD OF SERVICE.

The notice prescribed in Section 1127.11 shall be served by one of the following methods:

(a) Delivery by personal service upon the person to whom the notice is directed or such person's agent; or

(b) Sent by regular U.S. Mail evidenced by a U.S. Postal Certificate of Mailing addressed to such person at the last known address which is reasonably calculated to reach the party named in the notice. If the notice is returned showing that the letter was not delivered because the addressee no longer lives there or is unknown, or because a wrong address was used, and no other address is known, then a copy of said notice shall be posted in a conspicuous place in or about the structure affected by such notice, and the notice shall be published once in a publication having general circulation in Logan County. When such a notice is so published, any time periods referenced in the notice shall commence from the date of publication. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the premises shall constitute service of notice upon the owner.

(Ord. 24-85. Passed 11-26-24.)

1127.99 PENALTIES.

(a) Any person who violates a provision of this Code shall, upon conviction thereof, be subject to the following penalties:

(1) For a first conviction, a misdemeanor of the fourth degree, and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both.

(2) For a second conviction, a misdemeanor of the third degree, and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both.

(3) For a third conviction, a misdemeanor of the second degree, and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both.

(4) For a fourth or subsequent conviction, a misdemeanor of the first degree, and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than six months, or both.

(b) A separate offense shall be deemed committed each day during or on which a violation occurs or continues after due notice has been served.

(c) Any person who violates a provision of this Code shall be required to pay a Civil Penalty in the amount of three hundred fifty dollars ($350.00), except as provided as follows:

(1) If that person complies with the correction order within the time specified in the order, the Civil Penalty shall be reduced to fifty dollars ($50.00); and,

(2) In cases involving violations of Part 11 of the Codified Ordinances of the City of Bellefontaine, Ohio the Zoning Inspector shall have the discretion to waive the reduced penalty if the person cited meets any of the following criteria:

A. The person cited for the violation is the owner occupant of the premises and has not previously received a citation for a violation of this Code at the location subject to the citation; and,

B. The nature, extent, and duration of the violation did not create a significant risk to the public health, safety, or welfare.

(d) When a person is found in violation of a provision of this Code and fails to comply with the correction order within the time specified, a reinspection fee shall be charged for every inspection thereafter. Reinspection of the premises shall be conducted until such time that the property is brought in compliance with Part 11 of the Codified Ordinances of the City of Bellefontaine, Ohio. Whenever re-inspection of the premises is conducted by the City and such costs of re-inspection has not been included within the administrative costs, the additional cost of reinspection shall be assessed in the amount of seventy-five dollars ($75.00).

(e) In the event the person fails to pay a Civil Penalty, Re-inspection or Administrative Fee or costs incurred by City for clean-up, repair and/or abatement of the premises within thirty (30) clays after being notified in writing, by regular U.S. mail, or posting on premises, of the amount thereof by the code official, may be collected using one or more of the following methods, provided however that the expenses may only be collected once:

(2) The Director of Law is authorized to bring suit and take other necessary legal action to collect such expenses.

(f) The remedies provided in this Section shall be in addition to any other remedy allowed by law. (Ord. 24-85. Passed 11-26-24.)

1129.01 COUNCIL MAY AMEND ORDINANCE.

Whenever the public necessity, convenience, general welfare or good zoning practice require, Council may by ordinance, after recommendation thereon by the Planning Commission and subject to the procedure provided in this section, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this Zoning Ordinance or amendments thereto. It shall be the duty of the Planning Commission to submit its supplements. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion or by a verified application of one or more of the owners or leasees of property within the area proposed to be changed or affected by this Zoning Ordinance.

1129.02 PROCEDURE FOR CHANGE.

Applications for any change of district boundaries or classifications of property as shown on the Zoning Map, shall be submitted to the Planning Commission, at its public office, upon such forms, and all shall be accompanied by such data and information, as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or leases of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Planning Commission itself shall be accompanied by its own motion pertaining to such proposed amendment.

1129.03 LIST OF PROPERTY OWNERS.

Any person or persons desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all properties lying within 200 feet of any part of the exterior boundaries of the premises the zoning classifications of which is proposed to be changed.

1129.04 NOTICE AND HEARING.

Before submitting its recommendations on a proposed amendment or reclassification to the Council, the Planning Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the City at least thirty days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to the Zoning Ordinance, including text and maps, may be examined.

1129.05 RECOMMENDATION TO COUNCIL.

Following the hearing, provided in Section 1129.04, the Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. These recommendations shall then be certified-to Council.

1129.06 COUNCIL HEARING.

After receiving from the Planning Commission the certification of recommendations on the proposed amendment or amendments, and before adoption of such amendment, Council shall hold a public hearing thereon, at least thirty days notice of the time and place of which shall be. given by one publication in a newspaper of general circulation in the City.

1129.07 FINAL ACTION OF COUNCIL.

Following such hearing and after reviewing the recommendations of the Planning Commission thereon, Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Zoning Ordinance or the Zoning Map. Council may overrule the recommendations of the Commission by three- fourths vote of the full membership of Council.

1129.08 FEES.

Each application for a zoning amendment, except those initiated by the Planning Commission, shall be accompanied by a check payable to the City of Bellefontaine, or a cash payment, sufficient in amount to cover the costs of publishing, posting and/or mailing notices of hearing and other related expenses, but in no event shall such amount be less than two hundred dollars ($200.00).