Botkins City Zoning Code
BUILDING/ZONING PERMIT
REQUIREMENTS AND ENFORCEMENT
§ 153.255 INTENT.
The intent of this subchapter is to stipulate the procedures to be followed in obtaining permits and other legal or administrative approvals under this Zoning Code.
(Ord. 03-04, passed - -2002)
§ 153.256 BUILDING/ZONING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to or structurally altered; nor shall any building, structure, or land be established or changed in use; nor shall any accessory structure, sign or swimming pool be installed without a permit issued by the Village Administrator. Building/zoning permits shall be issued only in conformity with the provisions of this Zoning Code unless the Village Administrator receives a written order from the Board of Zoning Appeals deciding an appeal, conditional use, or variance, or from Village Council, approving a Planned Unit Development District, as provided by this Zoning Code. Accessory buildings 150 square feet and less are exempt from this requirement.
(Ord. 03-04, passed - -2002) Penalty, see § 153.999
§ 153.257 RECOMMENDED CONTENTS OF APPLICATION FOR BUILDING/ZONING PERMITS.
The application for building/zoning permit shall be made in writing and be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Construction on the project shall begin within six months from the date that the permit was issued and shall be substantially completed within one year of the permit issue date. At a minimum, the application shall contain the following information, if applicable to a particular use, and be accompanied by all required fees:
(A) Name, address and phone number of owner;
(B) Legal description of property or lot number;
(C) Existing use;
(D) Proposed use;
(E) Zoning district;
(F) Plans drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;
(G) Building heights;
(H) Number of off-street parking spaces or loading berths and their layout;
(I) Location and design of access drives;
(J) Number of dwelling units;
(K) Signage information, if applying for a building/zoning permit for a sign;
(L) If applicable, the approved conditional use permit, or a temporary use permit, or variance;
(M) Such other documentation as may be necessary to determine conformance with, and to provide for the enforcement of this Zoning Code;
(N) Site plan in triplicate to the required contents stated in § 153.258 for any new construction, of any principally or conditionally permitted use, except single-family and two-family dwellings;
(O) Plans showing that the residential unit meets the residential design and appearance standards in § 153.068;
(P) Detention basin information;
(Q) Flood Zone information; and
(R) Type of dust-free, hard surface.
(Ord. 03-04, passed - -2002)
§ 153.258 SITE PLAN REQUIRED CONTENTS.
A site plan submission shall contain any and/or all of the following when deemed to be reasonably appropriate by the Village Administrator:
(A) The accurate dimensions and size of the site area as well as the topography of the site and immediately adjoining lands within 50 feet of the property line at one-foot intervals;
(B) The locations and dimensions of all existing and proposed streets, courts and pedestrian walkways within and abutting the site, as well as the location, size, and means of ingress and egress of all off-street loading and parking areas. The location and arrangements of the parking areas and access shall also be shown, and the means of defining parking areas and access lanes, via curbs, bumper blocks, railroad ties, or physical obstructions or other methods approved by the Village Engineer, shall be illustrated. All proposed signs shall be shown, detailing location, dimensions, height and, where applicable, verbiage;
(C) The location and size of all existing and proposed buildings and structures within the site and on adjoining lands, within 50 feet of the property line, as well as the existing or proposed use of such building or structure, including the number, type, and floor area of commercial uses to be accommodated in each;
(D) A complete utilities plan, providing electric, gas, telephone, cable television, storm sewer, water, and sanitary sewer services, including connections to existing service lines and existing and proposed easements. Such plans shall comply with the village design criteria and construction standards and drawings;
(E) The location, size and type of fire hydrants; building plans; fire suppression system plans; Fire Department access areas; and fire lane signage. Such plans shall comply with state and local building and fire codes and shall be approved by the Fire Chief (or authorized representative);
(F) A grading and drainage plan to illustrate proposed grading of the site and methods used to comply with village storm water runoff, erosion, and sediment control specifications found in the village design criteria and construction standards and drawings;
(G) A landscaping plan showing the location and types of screen planting, buffer areas, human-made screening and other features, which shall enhance the site;
(H) An exterior lighting plan showing the location of lighting fixtures, their type and output, as well as the proposed radius of lighted area for each fixture;
(I) The proposed internal vehicular circulation of access roads shall be delineated and related to connections with public streets. Existing and proposed traffic patterns and volumes, and the anticipated effect on existing public streets serving the site shall be provided for the Village Engineer’s review. Complexes shall provide curb or other types of internal access lane separations for parking spaces to assist in internal circulation and parking area delineation;
(J) The division of the development into sections shall be delineated if staged construction is contemplated, as well as which parking areas and other improvements shall be provided for each stage of development; and
(K) Proposed complexes designed for condominium, cooperative, or other multiple ownership arrangements shall indicate proposed individual, joint, or common ownership areas to assure maintenance and operation of common features such as lighting and parking facilities. Any arrangements requiring subdivision approval shall also be subject to the subdivision regulations.
(Ord. 03-04, passed - -2002)
§ 153.259 APPROVAL OF BUILDING/ZONING PERMIT.
Within 30 days after the receipt of an application, the Village Administrator shall either approve or disapprove the application in accordance with the provisions of this Zoning Code. All building/zoning permits shall, however, be conditional upon the commencement of work within six months and completed within one year. One copy of the permit shall be returned to the applicant by the Village Administrator, after the Village Administrator has marked such copy either as approved or disapproved and attested to same by the Village Administrator’s signature on such copy. One copy of plans, similarly marked, shall be retained by the Village Administrator. The Village Administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the activity is in conformance with the provisions of this Zoning Code.
(Ord. 03-04, passed - -2002)
§ 153.260 FAILURE TO OBTAIN A BUILDING/ZONING PERMIT.
§ 153.261 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS AND PERMITS.
Building/zoning permits issued on the basis of plans and applications approved by the Village Administrator authorize only the use and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction. Use, arrangement or construction contrary to that authorized shall be deemed a punishable violation of this Zoning Code.
(Ord. 03-04, passed - -2002) Penalty, see § 153.999
§ 153.262 ENTRY AND INSPECTION OF PROPERTY.
The Village Administrator is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Zoning Code. Prior to seeking entry to any property or structure for such examination or survey, the Village Administrator shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Village Administrator shall request the assistance of the Solicitor in securing a valid search warrant prior to entry.
(Ord. 03-04, passed - -2002)
§ 153.263 STOP WORK ORDER.
Subsequent to his or her determination that work is being done contrary to this Zoning Code, the Village Administrator shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Village Administrator, shall constitute a punishable violation of this Zoning Code.
(Ord. 03-04, passed - -2002)
§ 153.264 BUILDING/ZONING PERMIT REVOCATION.
The Village Administrator may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application.
(Ord. 03-04, passed - -2002)
§ 153.265 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Zoning Code occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Village Administrator. The Village Administrator shall record properly such complaint, immediately investigate it and take action thereon as provided by this Zoning Code.
(Ord. 03-04, passed - -2002)
§ 153.266 NOTICE OF VIOLATION.
(A) Whenever the Village Administrator or the officer’s agent determines that there is a violation of any provision of this Zoning Code, a warning letter shall be issued and shall serve as a notice of violation. Such order shall:
(1) Identify the violation;
(2) Include a statement of the reason or reasons why it is being issued and refer to the sections of this Zoning Code being violated; and
(3) State the time by which the violation shall be corrected.
(B) Service of notice of violation shall be as follows:
(1) By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion; or
(2) Certified mail deposited in the United States Post Office addressed to the person or persons responsible at a last known address. If a certified mail envelope is returned with endorsement showing that the envelope is refused or is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Village Administrator. Service shall be deemed complete when the fact of mailing is entered of record.
(Ord. 03-04, passed - -2002)
§ 153.267 ADDITIONAL REMEDIES.
Nothing in this Zoning Code shall be deemed to abolish, impair or prevent other additional remedies as provided by law. In the event of a violation of any provision or requirement of this Zoning Code, or in the case of an imminent threat of such a violation, the Village Administrator, the Village Solicitor, or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourses provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.
(Ord. 03-04, passed - -2002)
§ 153.999 PENALTY.
(A) It shall be unlawful to erect, establish, locate, construct, reconstruct, enlarge, change, move, repair, maintain, or structurally alter any building, structure, or land in violation of any provision of this Zoning Code, or any amendment thereto. Any person, firm or corporation who violates this Zoning Code or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this section.
(B) Village utilities shall not be provided to any building, structure, or use which is in operation, or which is under construction, or has been constructed, in violation of this Zoning Code.
(C) (1) In addition to any applicable penalties under state or county law, any person convicted of a criminal offense under § 153.069 shall be guilty of a misdemeanor of the third degree. Each violation or non-compliance shall be considered a separate offense as will each day of continued violation or non-compliance. Second or more offenses shall be a misdemeanor of the first degree.
(2) The village may take any lawful action to prevent or remedy any violation or non-compliance, including, but not limited to, an equitable action for injunctive relief or an action at law for damages.
(Ord. 03-04, passed - -2002)