Botkins City Zoning Code
ADMINISTRATION
§ 153.235 INTENT.
The intent is to set forth the powers and duties of the Planning Commission, the Board of Zoning Appeals, the Village Council and the Village Administrator with respect to the administration of the provisions of this Zoning Code.
(Ord. 03-04, passed - -2002)
§ 153.236 GENERAL PROVISIONS.
The formulation, administration and enforcement of the Zoning Code is hereby vested in the following offices and bodies within the village government:
(A) Village Council;
(B) Planning Commission;
(C) Board of Zoning Appeals;
(D) Village Administrator; and
(E) Village Solicitor.
(Ord. 03-04, passed - -2002)
§ 153.237 VILLAGE ADMINISTRATOR.
The Village Administrator shall administer and enforce this Zoning Code. He or she may be provided with the assistance of such other persons as needed.
(Ord. 03-04, passed - -2002)
§ 153.238 RESPONSIBILITIES OF THE VILLAGE ADMINISTRATOR.
For the purpose of this Zoning Code, the Village Administrator shall have the following duties:
(A) Enforce the provisions of this Zoning Code and interpret the meaning and application of its provisions;
(B) Respond to questions concerning applications for amendments to the official zoning district map;
(C) Issue building/zoning permits as provided by this Zoning Code, and keep a record of same with a notation of any special conditions involved;
(D) Act on all applications upon which the Village Administrator is authorized to act by the provisions of this Zoning Code within the specified time, or notify the applicant in writing of the Village Administrator’s refusal or disapproval of such application and the reasons therefore. Failure to notify the applicant in case of such refusal or disapproval within the specified time shall entitle the applicant to submit the Village Administrator’s request to the Board of Zoning Appeals;
(E) Conduct inspections of buildings and uses of land to determine compliance with this Zoning Code, and, in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action;
(F) Maintain in current status the official zoning district map which shall be kept on permanent display in the village offices;
(G) Maintain permanent and current records required by this Zoning Code, including, but not limited to, building/zoning permits, zoning certificates, inspection documents, and records of all variances, amendments, and special uses;
(H) Make such records available for the use of the Village Council, the Planning Commission, the Board of Zoning Appeals and the public;
(I) Review and approve site plans pursuant to this Zoning Code; and
(J) Determine the existence of any violations of this Zoning Code, and cause such notifications, or initiate such other administrative or legal action as needed, to address such violations.
(Ord. 03-04, passed - -2002)
§ 153.239 DUTIES OF THE PLANNING COMMISSION.
For the purpose of this Zoning Code, the Planning Commission shall have the following duties:
(A) Recommend modifications to the Zoning Code, including text and official zoning district map, to the Village Council for formal adoption;
(B) Initiate advisable official zoning district map changes, or changes in the text of the Zoning Code where same will promote the best interest of the public in general through recommendation to the Village Council;
(D) Review all planned unit development applications and make recommendations to the Village Council as provided in this Zoning Code; and
(E) Carry on a continuous review of the effectiveness and appropriateness of this Zoning Code and recommend such changes or amendments as it feels would be appropriate;
(Ord. 03-04, passed - -2002)
§ 153.240 DUTIES OF THE BOARD OF ZONING APPEALS.
(A) The Board of Zoning Appeals (BZA) shall be composed of five members appointed by the Mayor for terms of five years. The Mayor shall also appoint a Chairperson, Vice-Chairperson and Secretary from among the Board members.
(B) For the purpose of this Zoning Code, the BZA has the following specific responsibilities:
(1) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Village Administrator;
(2) Authorize such variances from the terms of this Zoning Code;
(3) Hear and decide conditional uses as set forth in this section; and
(4) Review all special uses and conditional uses as identified in the respective zoning districts according to provisions and criteria stated in this Zoning Code.
(Ord. 03-04, passed - -2002)
§ 153.241 VILLAGE COUNCIL.
The powers and duties of the Village Council pertaining to the Zoning Code are as follows:
(A) Approve the appointments of members to the Planning Commission by the Mayor;
(B) Approve the appointments of members to the Board of Zoning Appeals by the Mayor;
(C) Initiate or act upon recommended amendments to the Zoning Code or official zoning district map. Final action upon a recommended zoning amendment shall be undertaken at a public hearing; and
(D) Override a recommendation of the Planning Commission; provided that such legislative action is passed by a vote of not less than three-fourths of the Village Council.
(Ord. 03-04, passed - -2002)
§ 153.242 SCHEDULE OF FEES.
Accessory structures/buildings/uses | $12 |
Appeal of administrative design | $150 |
Commercial remodeling/additions | $36 |
Conditional use | $150 |
Fences (commercial/industrial) | $12 |
Fences (residential) | $6 |
Industrial remodeling/additions | $60 |
Miscellaneous (swimming pools, utility sheds, parking and the like) | $12 |
New commercial construction (including site plan review) | $60 |
New industrial construction (including site plan review) | $120 |
Planned unit development review | $120 |
Residential additions/remodeling | $18 |
Residential new construction | $30 |
Signs (36 - 60 square feet) | 90 per square foot |
Signs (60+ square feet) | $1.14 per square foot |
Signs (less than 36 square feet) | 66 per square foot |
Subdivisions (preliminary and final plats) | |
First acre or fractional part thereof | $60 |
Each additional acre or fractional part thereof | $6 |
Variance | $150 |
Zoning map amendment (rezoning) | $150 |
Zoning text amendment | $150 |
All fees shall be paid by cash or check and shall not be refundable | |
(Ord. 03-04, passed - -2002; Ord. 10-14, passed 6-22-2010)