A certificate of zoning clearance is required and shall be obtained from the Director prior to the construction or alteration of any building or structure; the establishment, change, or modification in the use of any building, structure or land; or the grading, excavating or filling of land.

Further, no person shall maintain or permit the continuation of any use unless and until a certificate of zoning clearance has first been issued for said use.

The Director will issue a certificate after determining that the application is in conformity with the provisions of this Zoning Code, or the 2024 Zoning Code as applicable, or as permitted by variance, special permit or decision from an appeal. The Director shall have the authority to determine what districts an unnamed use is of similar enough character and nature to warrant inclusion in.

Unless otherwise required by this Zoning Code, or the 2024 Zoning Code as applicable, no certificate shall be required for interior remodeling of buildings or structures which is not intended to cause a change in the intensity of the use of the buildings or structures.

However, a certificate of zoning clearance shall always be required prior to development or placement of a use in a special flood hazard area or the construction or alteration of any building or structure in or proposed for a special flood hazard area regardless of size or use.

(Ord. 1496-94; Ord. 1272-01 § 1 (part); Ord. 0230-04 § 8; Ord. 1284-04 § 1: Ord. 2163-04 § 1.; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

An application for a certificate of zoning clearance shall be filed on approved forms and shall contain such information as the director deems reasonably necessary to determine compliance with and to provide for the enforcement of this Zoning Code, or the 2024 Zoning Code as applicable. For any proposed new use or enlargement of an existing use in any district; for any alteration of any building, structure, or parking lot; or for the grading, excavating, or filling of land; sufficient copies of the application and site plan for a zoning clearance shall be submitted to enable the director to refer such site plans to various other city departments and divisions as appropriate for their review and recommendations. The site plan shall contain information the director deems necessary to determine compliance with city codes. The applicant shall sign the application attesting to the truth and exactness of the information included in the application. Information not required by the director and volunteered by the applicant may be freely amended at any time.

The director shall either approve or disapprove an application for a certificate of zoning clearance as required. Upon approval, a certificate shall be issued forthwith. If disapproved, the reasons for disapproval shall be stated on the application.

(Ord. 577-84; Ord. 1284-04 § 2; Ord. No. 1537-2009, § 7, 5-3-2010; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

A certificate of zoning clearance authorizes the use and plans denoted in the application. An alteration, construction, or use of a premises not in compliance with the authorized zoning clearance shall be deemed a violation of this Zoning Code, or the 2024 Zoning Code as applicable, subject to the penalties specified and may cause the Director to void the certificate.

Failure to comply with any administrative authorization, requirement or condition of any variance, special permit or rezoning approved or passed by a designated board or by city council shall be deemed a violation of this Zoning Code, or the 2024 Zoning Code as applicable, subject to the penalties specified and may cause the Director to void such administrative authorization or approval.

(Ord. 1425-01 § 4; Ord. 546-03 § 4.; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

A certificate of zoning clearance shall automatically expire one year after issuance if the use authorized by the certificate is not commenced within said one year period, unless the work in preparation for the authorized use will take longer than one year to complete. If the work will take longer than one year to complete, the one year period shall be extended to allow for completion of the work provided that the work is commenced within a reasonable period of time and diligently carried to completion.

Whenever a building permit has been issued for work to be done in preparation for the authorized use, the certificate shall not expire so long as the building permit remains in effect.

Upon discovery that a certificate has been issued contrary to this Zoning Code, or the 2024 Zoning Code as applicable, the Director shall revoke such erroneous certificate.

If the certificate is revoked, the Director shall post notice of the revocation on the premises covered by the certificate which notice shall state that further work as authorized by the certificate shall not proceed unless and until a new certificate is obtained.

(Ord. 577-84; Ord. No. 0455-2010, § 17, 4-5-2010; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

A.

Council shall by ordinance establish and periodically adjust fees for all types of applications, permits and other specialized services provided under the Zoning Code or the 2024 Zoning Code by the Department and such document shall be referred to as the "fee schedule." All fees are for the purpose of defraying the costs of preparing necessary maps, plats, reports, legislation, notices, acquiring data, conducting surveys and related work. The fee in effect on the date of receipt of any application shall be the fee charged.

B.

In accordance with the provisions of C.C. 121.05, the Director shall set the charges to be made for administrative services reasonably in line with the cost of providing such services and revise same as necessary when such administrative costs change. Administrative service charges which are hereby authorized shall include, but not necessarily be limited to charges for making copies; searching records; setting up a customer's account; handling electronic mail; preparing special reports and making microfilm copies. The charges so set shall be published in the City Bulletin and become effective on the tenth day following such application.

C.

Any person desiring to do or cause to be done anything for which a certificate of zoning clearance, change in zoning, special permit or variance is required by this Zoning Code, shall upon application or prior to issuance pay to the Department through the cashier the fee prescribed by the then current fee schedule. The fee schedule shall be posted in the offices of the department and shall be made available upon request.

D.

An application or service request by a city employee or official for the benefit of the city, shall require no fee or service charge.

E.

All fees and service charges shall be paid to the city treasurer for deposit in the Development Services Special Revenue Fund.

(Ord. 2483-87; Ord. 1272-01 § 1 (part); Ord. 18-02 § 3.; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

(A)

Unless specifically indicated in the fee schedule, department refund policy or this code, all fees are not refundable.

(B)

In the event of a refund, a refund service fee, as indicated in the fee schedule or department refund policy, and any costs for services already provided, shall be deducted from the amount to be refunded.

(C)

The eligibility, process, and any required refund fee shall be as indicated in the Department refund policy.

(D)

The Director may waive the refund fee if the director finds that the refund is necessary because of an error on the part of a city employee. In the event any refund due is less than the required refund fee, no balance shall be due or returned.

(Ord. 18-02 § 4; Ord. No. 0455-2010, § 18, 4-5-2010; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 1871-2023, § 1, 7-31-2023)

Any application accepted for any zoning related clearance, variance, rezoning, permit, or other related administrative action and held either at the request of applicant or due to the need for additional information not submitted by the applicant after a written request by the city has been made by the city, shall expire one year from the date the initial application was accepted or six months from the date the additional information was requested in writing, whichever is later. The applicant shall be notified in writing 30 days prior to the expiration of any application. Any application delayed due to a legislated moratorium or other legislated initiative shall not be subject to the time limit until such time as the legislated moratorium or other legislated initiative expires. An application that so expires shall be deemed null and void and shall require a complete new application for reactivation, including the submittal of all fees required at the time the new application is made.

(Ord. 1741-03 § 2.)

Any person may file a complaint with the department whenever a violation of this Zoning Code or the 2024 Zoning Code occurs or is alleged to have occurred.

(Ord. 577-84; Ord. No. 0455-2010, § 19, 4-5-2010; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

The Director of the Department of Building and Zoning Services, or their designee, shall have the power to enforce all provisions of this Zoning Code and the 2024 Zoning Code and may institute any appropriate action or judicial proceeding to prevent the unlawful construction or alteration of any building or structure or the unlawful establishment, change or modification or any use; to restrain, correct or abate such violations; or to prevent occupancy of the unlawful building or structure. Strict liability shall be the standard for enforcement.

(Ord. 577-84; Ord. 1272-01 § 1 (part); Ord. 1552-01 § 1 (part); Ord. 628-02 § 16; Ord. No. 0455-2010, § 20, 4-5-2010; Ord. No. 2328-2021, § 23, 9-20-2021; Ord. No. 1871-2023, § 1, 7-31-2023; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Whenever any construction or alteration to any building or structure; the establishment, change or modification in the use of any building, structure or land; the grading or filling of land; or exterior modification without receiving a certificate of appropriateness or certificate of approval where applicable, occurs contrary to the provisions of this Zoning Code or the 2024 Zoning Code, the director or designee shall order the work stopped by posting at the site a printed notice to stop work or a notice in writing served on any persons engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized otherwise by the director or designee.

(Ord. 1526-00 § 4; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

The owner of premises subject to the provisions of this Zoning Code or the 2024 Zoning Code shall be responsible for compliance with the standards set forth herein and for the elimination of any violation found on the premises regardless of whether certain responsibilities may also be placed on operator or agents and regardless of any agreement between the owner and anyone else.

(Ord. 1626-79.; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Editor's note— Ord. No. 0024-2014, § 9, adopted February 3, 2014, repealed § 3305.09 in its entirety. Former § 3305.09 pertained to violation and was derived from Ord. No. 1425-01 § 5 and Ord. No. 546-03 § 5.

Whenever the director, or designee, determines that there is a violation of any provision of the Zoning Code or the 2024 Zoning Code or of any rule or regulation adopted pursuant to either, the director or designee may give notice of such violation to the owner as the term is defined in C.C. 3303.15, as hereinafter provided. Such notice shall:

A.

Be in writing;

B.

Include a statement of the reasons why it is being issued;

C.

Allow a reasonable time for the performance of any act it requires;

D.

Be served by any one of the following methods:

1.

Personal service; or

2.

Certified mail; or

3.

Residence service; or

4.

Publication; or

5.

Regular mail service to an address that is reasonably believed to be either a place of residence or a location at which the owner regularly receives mail; or

6.

Posting the notice of violation on or in the property, except that if a structure is vacant, then the notice shall be posted on the structure and one of the above methods of service shall also be used.

E.

Be available to any person upon request after payment of a reasonable fee to cover the cost of making a copy of the same.

Any notice served shall automatically become an order if a written petition for a hearing before either the board of zoning adjustment, the graphics commission or the board of commission appeals is not filed with the director or designee within 20 calendar days after such notice is served.

(Ord. 628-02 § 17; Ord. No. 3019-2016, § 2, 12-12-2016; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Written or oral acknowledgment by the owner or receipt of a notice of violation shall be evidence that the owner received the notice of violation. An appeal of the notice of violation pursuant to C.C. 3307.11 shall constitute evidence of written acknowledgment by the owner of service of the notice of violation.

(Ord. 628-02 § 18.)

A.

A person or owner as defined in Chapter 3303 or the 2024 Zoning Code and any employee of such person or owner who fails to comply with any provision of this Zoning Code, or the 2024 Zoning Code as applicable, or any valid order issued pursuant to either is guilty of a misdemeanor of the first degree. Each day that such violation or noncompliance continues shall constitute a separate and complete offense. Separate penalties may be imposed for each offense. This penalty is in addition to and separate from any civil or administrative penalties or remedies provided for by this Zoning Code the 2024 Zoning Code, or pursuant to Ohio law. Strict liability is intended to be imposed for a violation of this code.

B.

Nothing in this chapter shall be construed to prohibit the director from pursuing the enforcement of any provision of this Zoning Code, the 2024 Zoning Code, or the Ohio Revised Code through any other remedy available by law, including but not limited to causing to be filed in the environmental division of the Franklin County Municipal Court a civil complaint for injunctive relief or a criminal misdemeanor complaint.

(Ord. 1425-01 § 6; Ord. 546-03 § 6; Ord. No. 0024-2014, § 5, 2-3-2014; Ord. No. 3019-2016, § 3, 12-12-2016; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Editor's note— Ord. No. 0024-2014, § 5, adopted February 3, 2014, amended the title of § 3305.99 to read as set out herein. Previously § 3305.99 was titled penalties.