Broadview Heights City Zoning Code
CHAPTER 1262
ADMINISTRATION, ENFORCEMENT AND PENALTY
§ 1262.01 APPLICATION FOR REZONING.
Any owner of real estate, or his or her agent or attorney, who desires some action by Council in connection with rezoning of land must file a written application with Council setting forth his or her request on forms approved by Council.
(Ord. 46-68, passed 2-3-1969)
§ 1262.02 CONTENTS OF APPLICATION.
The written application filed with Council shall, in addition to all other pertinent data which Council might require, contain the following items related to the realty, the requested action and the parties making application:
(A) The purpose for which the application is filed;
(B) A sufficient description of the real estate to enable Council to properly identify it;
(C) Drawings and legal descriptions necessary to complete and give an accurate understanding of the subject of the application;
(D) A statement containing the name and address of the applicant, together with his or her attorney or agent if he or she is represented; and
(E) Execution of an agreement by the applicant wherein the applicant agrees to appear upon request before Council for the purpose of interrogation by Council regarding the matter of the application.
(Ord. 46-68, passed 2-3-1969)
§ 1262.03 FEE FOR REZONING APPLICATION.
(A) The applicant shall file with the Building Department cash or a check in the amount of $500, which shall be used by the municipality to pay for advertising, legal and administrative expenses in connection with the request.
(B) The $500 application fee shall be made with and for each separate application which shall deal with one matter only.
(Ord. 68-98, passed 4-20-1998; Ord. 41-2018, passed 11-5-2018)
§ 1262.04 APPEALS; BOARD OF ZONING APPEALS.
Any decision of the Building Commissioner made in the enforcement of this Zoning Code may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by such decision.
(Ord. 46-68, passed 2-3-1969)
§ 1262.05 FEES FOR VARIANCES AND APPEALS.
(A) There is hereby established a fee of $250 for each request for a variance and/or appeal to the Board of Zoning Appeals.
(B) The fee established in division (A) of this section shall be waived in all cases where a homeowner seeks a variance from the strict rule of § 1268.06, where such appeal involves the assertion of pre-existing sewer assessments as a basis for the requested appeal.
(Ord. 7-84, passed 1-16-1984; Ord. 159-00, passed 11-6-2000; Ord. 74-02, passed 6-3-2002; Ord. 181-03, passed 12-15-2003)
§ 1262.06 DETERMINATION OF SIMILAR USES.
(A) The determination as to whether or not a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.
(B) All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts shall be submitted to the Planning Commission and, after approval by it, confirmed by Council in compliance with the following standards:
(1) That such use is not listed in any other classification of permitted buildings or uses;
(2) That such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added more than to any other classification;
(3) That such a use does not create a danger to health or safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influence to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and
(4) That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(Ord. 88-137, passed 9-6-1988)
§ 1262.07 AMENDMENTS OF REGULATIONS AND DISTRICTS.
Council may from time to time, on its own motion or in petition, after public notice and hearing, amend the regulations and districts herein established. If any area is hereafter transferred to another district by a change in the district boundaries by amendment as provided in this section, the provisions of the Zoning Code shall apply with regard to the buildings or premises existing or building permits issued in such transferred area at the time of the passage of such amendment.
(Ord. 37-91, passed 7-22-1991)
§ 1262.08 SECURITY FOR CORRECTION OF VIOLATIONS.
(A) Any defendant who pleads guilty to or is otherwise found guilty of violating any provision of this Zoning Code (Chapters 1260 through 1348, inclusive) and/or the Building and Housing Code (Chapters 1420 through 1449, inclusive) may, in addition to other remedies provided by law, be required to place on deposit with the Clerk of the Mayor’s Court a cash bond in an amount determined by the Court to be sufficient to secure the faithful performance of all corrective measures required by the Court with respect to such Zoning Code and/or Building and Housing Code violation and to secure payment of all fines and costs levied by the Court. Such cash bond shall be conditioned upon faithful performance of such corrections within a period of time to be determined by the Court, but in no event to exceed a period of nine months from the date such defendant pleads guilty to or is otherwise found guilty by the Court of the zoning violation in question.
(B) In the event that any zoning and/or building and housing violation is not corrected to the satisfaction of the Court within the period of time set by the Court for such correction as provided for in division (A) of this section, or nine months from the date of posting said bond, whichever is earlier, the deposit required herein shall be declared forfeited by the Court and used by the city to correct the zoning and/or building and housing violation in question. Any amount of the deposit remaining after the city has made all required corrections shall be returned to the defendant, provided that any unpaid fines and court costs relative to the zoning and/or building and housing violation in question are first deducted therefrom.
(C) The fund created by this section is in addition to and supplementary to all existing laws relative to the enforcement of Zoning Code and/or Building and Housing Code violations. Notwithstanding this section, all current provisions of this Code of Ordinances relative to the enforcement of zoning and/or building and housing ordinances shall remain in full force and effect except as modified herein.
(Ord. 104-96, passed 9-3-1996)
§ 1262.99 PENALTY.
(A) Whoever violates or fails to comply with any of the provisions of this Zoning Code, or builds or alters any building in violation of any detailed statement or plan submitted and approved thereunder, is guilty of a misdemeanor of the first degree for each offense and shall be subject to the penalty provided in § 202.99 of this Code of Ordinances. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. It shall not be necessary to separately charge such continuing violations and whoever is charged with a violation of this Zoning Code shall be deemed separately charged with said offense each day during or on which that violation and/or noncompliance continues. The owner of any building or any premises or part thereof where anything in violation of this Zoning Code is placed or exists, any lessee, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall each be guilty of a separate offense and upon conviction thereof shall be subject to the penalty as herein provided.
(B) The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises, or to require compliance with the provisions of this Zoning Code or other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Building Commissioner or the Board of Zoning Appeals.
(Ord. 46-68, passed 2-3-1969; Ord. 124-94, passed 11-7-1994)