(a)   No excavation, well-drilling, grading or site improvements shall be started, and no buildings or other structures shall be erected, altered, moved, reconstructed or demolished, until an appropriate permit has been applied for and issued. Application for the permit shall be made to the Village Fiscal Officer, but permits shall be issued by the Building Inspector.

(Adopting Ordinance)

   (b)   An application for a building permit or any other permit shall be in writing and shall state the name and address of the owner of the lot, the estimated cost of any buildings or other structures proposed, the kind and nature of the work proposed and such other information as may be required by this Zoning Code. The application shall be accompanied by three copies of the following:

      (1)   Plans and specifications for the proposed building.

      (2)   A plot plan showing the relation of the proposed building to the lot lines.

   The application shall be signed by the owner of the lot. A permit shall be required for any fence, retaining wall, landscape mound or earthen berm three feet in height or higher.

(Ord. 1983-35. Passed 4-11-84.)

   (d)   If the Building Inspector denies an application for a permit, then within thirty days after receipt of the application, the Building Inspector shall transmit such application, together with his or her reason for denial, to the Planning Commission, which shall, within thirty days after receipt of the same, approve or disapprove such application. No building permit need be transmitted in the case of well drilling or in any case not involving the construction, erection, alteration or remodeling of a new or existing structure. All applications requiring a variance shall be placed on the Planning Commission agenda.

(Ord. 1987-40. Passed 2-10-88.)

   (e)   No application shall be approved unless the plans and specifications disclose that all plumbing work complies with the Ohio Plumbing Code, that all electrical wiring complies with the National Electrical Code and that all construction complies with the Ohio Basic Building Code and the CABO One and Two Family Dwelling Code; and, further, that the plans and specifications comply with all the provisions of this Zoning Code and all other applicable ordinances of the Village.

   (f)   If the Building Inspector approves an application, he or she shall forthwith issue a building permit upon the payment of a fee determined from the fee schedule outlined in Chapter 1428 of these Codified Ordinances.

(Ord. 1996-12. Passed 4-17-96; Ord. 2001-01. Passed 3-21-01; Ord. 2007-06. Passed 5-15-07; Ord. 2009-24. Passed 11-23-09; Ord. 2014-19. Passed 6-18-14.)

   (a)   Variances. A variance is a deviation from the strict or literal requirements of a zoning or planning regulation. In such instance where the Building Inspector has determined that a variance is needed in order for an application to be approved, the Village Planning Commission shall review the request for a variance and make a recommendation to Council whether such variance should be authorized. In these specific cases, such variance from the terms of the zoning regulations shall not be contrary to the public interest or the intent of these zoning regulations. However the Planning Commission shall consider where, owing to special conditions, a literal enforcement of the provisions of these zoning regulations would result in practical difficulties to the applicant. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

         A.   A variance from the terms of these zoning regulations shall not be considered by the Village Planning Commission for recommendation to Council unless the applicant has provided sufficient evidence to warrant the granting of a variance, and a written request for a variance is submitted containing the following information:

            1.   Description of and nature of the variance requested;

            2.   A narrative statement demonstrating the practical difficulty that the applicant is experiencing;

            3.   In addition, the applicant will be responsible for payment for all expenses, including, but not limited to, engineering, legal, postage and/ or other professional expenses incurred by the Village (as indicated in Section 1262.06 Filing Fees).

         B.   Such variance request shall be submitted to the Planning Commission for review at the same time as the original application. The Village Fiscal Officer shall notify all adjoining property owners in writing of such request and of all hearing dates regarding such request via regular U.S. mail.

         A.   Whether the property will 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 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 purchased the property with knowledge of the zoning restriction;

         F.   Whether the property owner's predicament can feasibly be obviated by some method other than a variance;

         G.   Whether the spirit and intent of the zoning requirement would be observed and substantial justice done by granting the variance;

         H.   Additional factors are to be considered for flood plain areas; refer to Section 1273.05 of this code and for riparian setbacks refer to Section 1271.11 of this code.

         A.   An appeal from the decision or recommendation of the Planning Commission shall be made within thirty days and shall be filed with the Village Administrative Assistant on the form proscribed. Such appeal application shall contain the following information:

            1.   Name, address, and telephone number of the appellant;

            2.   Legal description of the property;

            3.   Description of the application and/or variance requested;

            4.   A narrative statement regarding the application and/or variance and the applicant's practical difficulty if appropriate.

            5.   In addition, the applicant will be responsible for payment for all expenses, including, but not limited to, engineering, legal, postage and/or other professional expenses incurred by the Village as indicated in Section 1262.06 of this Code.

         B.   Council shall make an examination and investigation as it deems necessary and shall affirm or reverse the decision of the Planning Commission. Council shall take its action at the meeting, at which the appeal is presented, or at the next regular meeting held thereafter, but in no event later than sixty days after the presentation of the appeal.

(Ord. 2009-17. Passed 11-23-09.)

   Upon issuance of a building permit, the work permitted shall be commenced within sixty days after the date of issuance and shall be completed within one year after the date of issuance or after the date of re-issuance obtained upon application in accordance with the procedures prescribed for original issuance. Failure to comply with this provision shall automatically cancel the permit. No dwelling shall be occupied until it is completely enclosed in accordance with the plans and until all sanitary facilities are installed, and until final inspection and issuance of an occupancy permit by the Building Inspector.

(Ord. 1983-35. Passed 4-11-84.)

   The Planning Commission, upon recommendation of the Building Inspector, may order any permit to be revoked if it finds that the work being done pursuant thereto does not comply with the plans and specifications submitted and does not comply with this Zoning Code and other ordinances.

(Ord. 1983-35. Passed 4-11-84.)

   No land, building or structure shall be used, and no building or structure shall be erected, moved, altered or enlarged, for any purpose or in any manner except in conformity with the use, height, bulk, setback building line, area, yard and other regulations established in this Zoning Code or as permitted thereby. No portion of any lot, yard or area required under this Zoning Code for one building shall be used as any portion of a required lot, yard or area for another building.

(Ord. 1983-35. Passed 4-11-84.)

   The filing fee shall be paid to the Village Treasurer in connection with any plan, document or drawing which is subject to review or approval by the Planning Commission, such fees are found in Chapter 1428 of these Codified Ordinances.

(Ord. 2014-20. Passed 6-18-14.)

   An additional fee shall be assessed against every contractor, property owner, builder or tradesman, who calls the Village Building Inspector for the purposes of an inspection prior to the subject area of inspection being completed. Such reinspection fee must be paid prior to the next inspection to be performed, and if same is not paid, the Building Inspector may either withhold the next inspection, stop that portion of the job from proceeding, or withhold final occupancy permit until all such fees have been paid. Such fee shall be found in Chapter 1428 of these Codified Ordinances.

(Ord. 1994-50. Passed 9-21-94; Ord. 2014-21. Passed 6-18-14.)

   (a)   Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense and, except as to any section herein which contains its own penalty, the owner of any building or premises or part thereof which causes or permits any violation of this section and any architect, builder or contractor who shall be a party to such violation shall be guilty of a misdemeanor of the Third Degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than 60 days, or both, for each offense.

   (b)   If the owner of any building fails to obtain a permit as required in this section, said owner shall be guilty of a misdemeanor of the Third Degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than 60 days, or both, for each offense.

   (c)   A separate offense shall be deemed committed for each day during on which the violation or non-compliance occurs or continues. Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation. The Village may prosecute any violation of these regulations in accordance with the penalties stated herein.

(Ord. 1995-46. Passed 12-20-95; Ord. 2017-37. Passed 10-18-17.)