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Dixon Township Preble County
City Zoning Code

ARTICLE XV

ADMINISTRATION

§ 1501 OFFICE OF ZONING ENFORCEMENT OFFICER.

   The Zoning Enforcement Officer shall administer and enforce this code. The Zoning Enforcement Officer may be provided with the assistance of such other persons as the county may provide.
(Res. 669-94-72, § 1501, effective 4-5-1995)

§ 1502 DUTIES OF ZONING ENFORCEMENT OFFICER.

   For the purpose of the resolution, the Zoning Enforcement Officer shall have the following duties:
   A.   Upon finding that any of the provisions of this code are being violated, the Enforcement Officer shall notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation;
   B.   Order discontinuance of illegal uses of land, buildings, or structures;
   C.   Order removal of illegal buildings or structures, illegal additions or structural alterations, or illegal vehicles;
   D.   Order discontinuance of any illegal work being done; and
   E.   Take any other action authorized by this code to ensure compliance with or to prevent violation(s) of this code. This may include the issuance of and action on zoning and certificate of occupancy permits and such similar administrative duties as are permissible under the law.
(Res. 669-94-72, § 1502, effective 4-5-1995)

§ 1503 COMPOSITION OF PLANNING COMMISSION.

   A.   The Planning Commission shall consist of eight (8) residents of the unincorporated area of the county, appointed by the Board of Commissioners and may serve with compensation for terms of three (3) years. In addition, the three (3) County Commissioners or their alternates designated and approved in accordance with the Ohio Revised Code, shall be members of the Planning Commission, increasing the total membership of the Planning Commission to 11.
   B.   The officers of the Planning Commission shall consist of a Chairperson, Vice Chairperson and Secretary elected by the Commission at its annual meeting for a term of one (1) year.
(Res. 669-94-72, § 1503, effective 4-5-1995; Res. effective 7-5-2006; Res. effective 12-28-2007; Res. 80-13-159, effective 7-5-2013)

§ 1504 PROCEEDINGS OF PLANNING COMMISSION.

   The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this code. Meetings shall be held at the call of the Chairperson and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Commission. At any meeting of the Planning Commission, a quorum shall consist of six (6) members of the Commission. No action shall be taken in the absence of a quorum, except to adjourn the meeting to a subsequent date.
(Res. 669-94-72, § 1504, effective 4-5-1995)

§ 1505 RESPONSIBILITIES OF PLANNING COMMISSION.

   For the purpose of this code, the Commission shall have the following duties:
   A.   Recommend the proposed zoning resolution, including text and Official Zoning District Map to the Rural Zoning Commission for formal recommendation to the Board of County Commissioners;
   B.   Initiate advisable Official Zoning District Map changes, or changes in the text of the zoning resolution where same will promote the best interest of the public in general through recommendation to the County Rural Zoning Commission;
   C.   Review all proposed amendments to this code (text and/or map) and make recommendations to the County Rural Zoning Commission; and
   D.   Review all planned unit developments and make recommendations to the County Rural Zoning Commission as provided in § 813.
(Res. 669-94-72, § 1505, effective 4-5-1995)

§ 1506 COMPOSITION OF RURAL ZONING COMMISSION.

   The County Rural Zoning Commission shall consist of five (5) residents of the unincorporated area of the county, appointed by the Board of County Commissioners, whose terms shall be such length and so arranged that the term of one (1) member will expire each year.
(Res. 669-94-72, § 1506, effective 4-5-1995)

§ 1507 PROCEEDINGS OF RURAL ZONING COMMISSION.

   The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this code. Meetings shall be held at the call of the Chairperson and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the office of the Commission. At any meeting of the Rural Zoning Commission, a quorum shall consist of three (3) members of the Commission. No action shall be taken in the absence of a quorum, except to adjourn the meeting to a subsequent date.
(Res. 669-94-72, § 1507, effective 4-5-1995)

§ 1508 RESPONSIBILITIES OF THE RURAL ZONING COMMISSION.

   For the purpose of this code, the Commission shall have the following duties:
   A.   Recommend the proposed zoning resolution, including text and Official Zoning District Map to the Board of County Commissioners for formal adoption;
   B.   Initiate advisable Official Zoning District Map changes, or changes in the text of the zoning resolution where same will promote the best interest of the public in general through recommendation to the Board of County Commissioners;
   C.   Review all proposed amendments to this code (text and/or map) and make recommendations to the Board of County Commissioners;
   D.   Review all planned unit developments and make recommendations to the Board of County Commissioners; and
   E.   The County Rural Zoning Commission and pertinent county staff shall carry on a continuous review of the effectiveness and appropriateness of the zoning resolution and recommend such changes or amendments as they feel would be appropriate to update this code.
(Res. 669-94-72, § 1508, effective 4-5-1995)

§ 1509 COMPOSITION OF BOARD OF ZONING APPEALS.

   A.   The Board shall consist of five (5) members, appointed by the Board of County Commissioners for five (5) year terms. Members of the Board shall be removable for nonperformance of duty, misconduct in office, or other cause by the County Commissioners upon written charges having been filed with the Commissioners and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally or by registered mail, or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by the Commissioners and shall be for the unexpired term.
   B.   The officers of the Board of Zoning Appeals shall consist of a Chairperson and Vice Chairperson elected by the Board at its annual meeting for a term of one (1) year.
(Res. 669-94-72, § 1509, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 1510 PROCEEDINGS OF BOARD OF ZONING APPEALS.

   A.   The Board shall adopt rules necessary to the conduct of its officers. Meetings shall be held at the call of the Chairperson and at those other times as the Board may determine. Three (3) members of the Board of Appeals shall constitute a quorum for the conducting of business. The Chairperson, or in his absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses. All meeting and records shall be open to the public.
   B.   The Board of Appeals shall act by resolution or motion and shall keep minutes of its proceedings, showing the vote on each question, if a member is absent, or fails to vote, the facts of each appeal considered by the Board, and the section of this code, if applicable, which the Board has considered in approving or disapproving any petition or other matter brought before the Board.
(Res. 669-94-72, § 1510, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 536-13-162, effective 12-6-2013)

§ 1511 RESPONSIBILITIES OF BOARD OF ZONING APPEALS.

   The Board of Zoning Appeals shall have the following powers and duties:
   A.   Administrative review:
      1.   To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Inspector in the enforcement of this code or determination made by the County Engineer in the enforcement of the Access Management Regulations; and
      2.   To authorize upon appeal in specific cases such variance from the terms of this code and the Access Management Regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this code or the Access Management Regulations would result in unnecessary hardship.
(Res. 669-94-72, § 1511, effective 4-5-1995; Res. effective 7-5-2006; Res. 80-13-159, effective 7-5-2013)

§ 1512 RESPONSIBILITIES OF ZONING ENFORCEMENT OFFICER, BOARD OF ZONING APPEALS, LEGISLATIVE AUTHORITY AND COURTS ON MATTERS OF APPEALS.

   It is the intent of this code that all questions of interpretation and enforcement shall be first presented to the Zoning Enforcement Officer, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Enforcement Officer, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this code that the duties of the Board of County Commissioners, in connection with this code, shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this code. Any appeal of a decision of the Board shall be made to the courts as provided in R.C. Chapters 2505 and 2506. Any such appeal shall be made within thirty (30) days of the Board’s decision.
(Res. 669-94-72, § 1512, effective 4-5-1995; Res. 57-18-182, effective 1-5-2018)

§ 1513 BOARD OF COUNTY COMMISSIONERS.

   The powers and duties of the Board pertaining to county zoning shall be as follows:
   A.   The Board of County Commissioners shall appoint members to the County Planning Commission;
   B.   The Board of County Commissioners shall appoint members to the County Rural Zoning Commission;
   C.   The Board of County Commissioners shall appoint members to the Board of Zoning Appeals; and
   D.   Initiate or act upon suggested amendments to the zoning resolution text and Official Zoning District Map.
(Res. 669-94-72, § 1513, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)