This chapter shall be administered and enforced by an Administrative Officer or his designated representative who shall be appointed by Council as is prescribed by state law and is hereby empowered:

   (A)   Certificate of zoning compliance. The Administrative Officer shall issue a certificate of zoning compliance when the zoning ordinance has been followed, or refuse to issue the same in the event of noncompliance.

   (B)   Collection of fees. The Administrative Officer shall collect the designated fees as set forth in the zoning ordinance for certificates of zoning compliance, application for amendment or changes, appeal and conditional use.

   (C)   Making and keeping of records. The Administrative Officer shall make and keep all records necessary and appropriate to the office, including records of the issuance and denial of all certificates of zoning compliance and of receipt of complaints of violation of the zoning ordinance and action taken on the same.

   (D)   Inspection of building or land. The Administrative Officer shall inspect any building or land to determine whether any violations of the zoning ordinance have been committed or exist.

   (E)   Enforcement. The Administrative Officer shall enforce the zoning ordinance and take all necessary steps to remedy any condition found in violation by ordering in writing, the discontinuance of illegal uses or illegal work in progress, and may request the Solicitor to commence appropriate action.

   (F)   Advise Planning and Zoning Commission. The Administrative Officer shall keep the Planning and Zoning Commission advised of all matters other than routine duties pertaining to the enforcement of the zoning ordinance and to transmit all applications and records pertaining to supplements and amendments.

   (G)   Advise Board of Appeals. The Administrative Officer shall keep the Board of Zoning Appeals advised of all matters pertaining to conditional use permits, appeals or variances and to transmit all applications and records pertaining thereto.

('80 Code, § 1123.01) (Ord. 21-70, passed 7-13-70)

   (A)   Purpose. In order that the objectives of this Code may be more fully and equitably achieved, that there shall be provided a means of competent interpretation of this Code, that adequate but controlled flexibility be provided in the application of this chapter, that the health, safety, and welfare of the public be secured, and that justice be done, there is hereby established a Board of Zoning Appeals.

   (B)   Organization and membership.

      (1)   The Board of Zoning Appeals shall consist of five electors of the city who shall serve overlapping three-year terms appointed by City Council. Council shall make all reasonable efforts to appoint at least one member of the Board of Zoning Appeals with qualifying experience and/or training pertaining to residential construction, such as persons trained in mechanical/structural engineering, building, architecture and the like.

      (2)   The Board shall organize and adopt rules for its operation as approved by City Council.

      (3)   Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board determines. All meetings of the Board of Zoning Appeals shall be open to the public. The 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 immediately filed in the office of Council and be a public record.

   (C)   Powers and duties. The Board of Zoning Appeals shall carry out the following powers and duties as provided in this section:

      (1)   Administrative appeals from any person or any governmental department affected or aggrieved, or to review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code.

      (2)   Special permit. To authorize only special permits as provided under this Code.

      (3)   Variances. Where there are practical difficulties (non-use variances) or unnecessary hardships (use variances) preventing a property owner from conforming with the strict requirements of this Code, the Board of Zoning Appeals shall have the power to authorize variances from the requirements of this Code.

      (4)   Building construction appeals for the Dublin Division of Building Standards.

      (5)   Stream Corridor Protection Zone Appeals for the Dublin Engineering Division.

      (6)   Decisions related to nonconformities, as provided in § 153.004(C).

      (7)   The Board may also make advisory recommendations to Council and the Planning and Zoning Commission concerning zoning matters.

      (8)   The Board shall exercise any other powers, duties, and functions as provided by Council.

   (D)   Applications and hearings.

      (1)   Applications. A complete application to the Board of Zoning Appeals shall be submitted to Land Use and Long Range Planning. To be considered complete the application shall consist of submission of a fee as established by City Council, a completed application on a form provided by the city, and dimensioned site plans drawn to an appropriate scale, clearly showing the following items, unless waived by the Director of Land Use and Long Range Planning:

         (a)   Legal description of the property;

         (b)   The boundaries and dimensions of the lot;

         (c)   The size and location of existing and proposed structures, accessways, walks, off-street parking and loading spaces and landscaping;

         (d)   The proposed use of all parts of the lot and structures;

         (e)   The use of land and location of structures within 100 feet on adjacent property;

         (f)   For non-use variances, the area subject to the application shall be clearly marked; and

         (g)   Any other information that the Board of Zoning Appeals deems necessary to make a decision on the application.

      (2)   Hearings. Upon receipt of a complete application the city shall cause notices stating the time, place and subject of the hearing to be served personally or by mail addressed to the parties submitting the application, and to those persons residing within 150 feet of the property which is the subject of the application. All notices shall be sent to the addresses listed in the last assessment roll. Notices shall be sent at least 10 days prior to the date of the scheduled hearing.

      (3)   The Chair may administer oaths, and the Board of Zoning Appeals may compel the attendance of witnesses. Applications without representation during the hearing either in person or by agent shall be tabled without further action. Failure to appear for more than two meetings shall be considered a request for the application to be withdrawn. A new application shall then be required for any further consideration.

   (E)   Decisions.

      (1)   Actions of the Board of Zoning Appeals. During or within a reasonable time following a public hearing, the Board of Zoning Appeals shall approve, approve with modifications, or disapprove an application.

      (2)   Conditions.

         (a)   In making any decision provided for in this section, the Board may attach any conditions regarding the location, character and other features of the application as it may deem reasonable to ensure that applicable standards of review for the decision are met.

         (b)   Conditions attached may include, but not be restricted to, limitations on the extent or intensity of development, screening, lighting, control of access or other conditions of development as may be required. Conditions attached shall be stated in the motion for approval, including the reasons for each condition imposed.

      (3)   Any decision of the Board shall not become a final appealable order until minutes of the meeting at which final action on the request was taken are officially approved and adopted by the Board of Zoning Appeals, unless the Board shall find the immediate effect is necessary for the preservation of rights or that public safety be maintained and shall so certify on the record.

      (4)   The decision of the Board of Zoning Appeals shall be final; however, any person having an interest affected by any such decision shall have the right of appeal to a court of competent jurisdiction on questions of law and fact, provided that the appeal is filed within 30 day of the final administrative order, as stipulated by the State of Ohio.

      (5)   No application for action by the Board which has been disapproved shall be resubmitted for a period of one year from the date of disapproval, except as may be permitted by the Director of Land Use and Long Range Planning upon submission of new and significant facts or conditions which might result in favorable action upon resubmittal.

      (6)   Each decision entered under the provisions of this Code shall become null and void unless the construction or other action authorized by such decision has been started within one year after the decision was made and is being carried forward to completion or occupancy of land, premises, or buildings.

      (7)   The Board may grant a single six-month extension of the approval, provided the applicant requests the extension prior to the date of the expiration of the approval. The extension shall be approved if the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.

      (8)   The breach of any condition or requirement shall be considered a violation of the Board's action. The Board, after notice to the property owner and a public hearing held in the same manner as the original approval, shall have the authority to revoke, modify, or attach additional conditions to any approval granted if the applicant fails to comply with any of the applicable requirements in this Code or any condition attached to the approval.

   (F)   Administrative appeal to the Board of Zoning Appeals.

      (1)   An appeal may be taken from any person or any governmental department affected or aggrieved, and review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code.

      (2)   Appeals shall be taken within 20 days after the decision by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals, a notice of appeal, specifying the grounds. The officer from whom the appeal is taken shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action was taken.

      (3)   An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director of Land Use and Long Range Planning certifies to the Board, after notice of appeal has been filed, that, due to the facts stated in the certificate, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record.

      (4)   In deciding the appeal, the Board shall determine whether or not the decision that was made was done so using the proper requirements and standards in this Code. The decision of the Board is limited to the information that was available to the administrative official or body who made the decision being appealed. Additional testimony is not appropriate.

      (5)   After a determination that the administrative official or body making the decision did so improperly, the Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make an order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official or body from whom the appeal was taken.

   (G)   Special permits.

      (1)   Nature of special permit. Due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services, several specific uses have been identified which require supplemental criteria and review to substantiate that the use is appropriate for the proposed location.

      (2)   The requirements of this section are in addition to those imposed by §§ 153.090 to 153.098.

      (3)   Standard of review. In reviewing an application for a special permit, the Board of Zoning Appeals shall consider the following:

         (a)   Whether the proposed use meets the applicable requirements established by this Code;

         (b)   Whether the proposed use is compatible with the existing land use and the general development and character of the neighborhood; and

         (c)   Whether the use can be developed and maintained without substantially impairing the general purpose and intent of the zoning district in which the use is proposed to be located.

      (4)   Any applicant who is denied a special permit by the Board of Zoning Appeals may appeal the denial to the City Council.

   (H)   Variances.

      (1)   Nature of variance. On a particular property extraordinary circumstances may exist, making a strict enforcement of the applicable development requirements of this Code unreasonable, and therefore, the variance procedure is provided to allow the flexibility necessary to adapt to changed or unusual conditions that meet the standards of review for variances. In granting any variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with the Zoning Code.

      (2)   Non-use (area) variances. Upon application, the Board of Zoning Appeals shall only approve a request for a non-use variance only in cases where there is evidence of practical difficulty present on the property in the official record of the hearing and that the findings required in (a) and (b) below have been satisfied with respect to the following standards of review:

         (a)   That all of the following findings are made:

            1.   That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district whereby the literal enforcement of the requirements of this chapter would involve practical difficulties. Special conditions or circumstances may include:

               A.   Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter or amendment; or

               B.   By reason of exceptional topographic or environmental conditions or other extraordinary situation on the land, building or structure; or

               C.   By reason of the use or development of the property immediately adjoining the property in question.

            2.   That the variance is not necessitated because of any action or inaction of the applicant.

            3.   Granting the variance will not cause a substantial adverse effect to property or improvements in the vicinity or will not materially impair the intent and purposes of the requirement being varied or of this chapter.

         (b)   That at least two of the following findings are made:

            1.   That a literal interpretation of the provisions of the Zoning Code would not confer on the applicant any special privilege or deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter.

            2.   The variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for those conditions reasonably practicable.

            3.   The variance would not adversely affect the delivery of governmental services ( e.g., water, sewer, garbage).

            4.   The practical difficulty could be eliminated by some other method, even if the solution is less convenient or most costly to achieve.

      (3)   Use variances. Final approval of a use variance shall be granted by the City Council, following review of the findings of the Board of Zoning Appeals. Upon application, the Board of Zoning Appeals shall only recommend to the City Council approval of a request for a use variance only in cases where there is evidence of an unnecessary hardship imposed on the property in the official record of the hearing and a finding is made that all of the following standards of review are met:

         (a)   That there are unnecessary hardships in the way of carrying out the strict letter of these regulations which are caused by exceptional or extraordinary circumstances or conditions applying to the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the vicinity in the same zoning district. Exceptional or extraordinary circumstances or conditions include:

            1.   Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter;

            2.   Exceptional topographic conditions;

            3.   By reason of the use or development of the property immediately adjoining the property in question; or

            4.   Any other physical situation on the land, building or structure deemed by the Board of Appeals to be extraordinary.

         (b)   That the proposed use will not alter the essential character of or be detrimental to adjacent property and the surrounding neighborhood.

         (c)   That the building, structure, or land cannot reasonably be used for a use allowed in the zone district in which it is located.

         (d)   That the variance is not necessitated because of any action or inaction of the applicant.

   (I)   Building construction appeals for the Division of Building Standards.

      (1)   The Board shall hear all appeals not related to the Ohio Building Code or other statewide Code regulated by the Board of Building Standards; namely, one-, two- and three-family residential dwellings within the city limits, or as provided in Section 111.1 in the Property Maintenance Code of the City of Dublin.

      (2)   If the Director of Building Standards denies a contractor's application for registration, suspends or revokes a contractor's registration certificate, or denies renewal of a registration certificate, the contractor shall have the right to appeal to the Board of Zoning Appeals. The contractor shall submit a notice of appeal to the Board of Zoning Appeals within five days from the receipt of the order of the Director of Building Standards. The decision of the Board of Zoning Appeals shall be final.

      (3)   An appeal shall be heard in accordance with the provisions of this section.

      (4)   An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provision of this Code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this Code.

   (J)   Stream Corridor Protection Zone Appeals for the Dublin Engineering Division.

      (1)   Appeals are only permitted with respect to decisions by the City Engineer regarding prohibited uses and facilities (§§ 53.220 and 53.230), or rulings regarding modification of non-conforming structures (§ 53.240).

      (2)   An appeal shall be heard in accordance with the provisions of this section.

      (3)   Should the decision of the City Engineer be reversed or modified, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards to maintain the intent and spirit of Chapter 53 of the Dublin Code of Ordinances.

('80 Code, §§ 1129.01, 1129.02) (Ord. 21-70, passed 7-13-70; Am. Ord. 101-90, passed 11-19-90; Am. Ord. 13-03, passed 2-3-03; Am. Ord. 48-05, passed 9-6-05; Am. Ord. 28-08, passed 5-19-08)

      (1)   The Planning and Zoning Commission shall organize and adopt rules in accordance with the requirements of the Charter of the city. Meetings of the Commission shall be held at the call of the chairperson, and at such other times as the Commission determines. All meetings of the Planning and Zoning Commission shall be open to the public. The Planning 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 public records of its actions.

      (2)   The Planning and Zoning Commission shall consist of seven members appointed by the City Council to serve at the pleasure of Council. The powers and duties shall be as provided in the City Charter and as provided by ordinances and resolutions of Council.

      (3)   The city shall provide a stipend, as set forth by ordinance, to the members of the Planning and Zoning Commission while they are serving on the Commission.

      (1)   Review of preliminary and final plats and recommendation of action of Council;

      (2)   Review of amendments to the zoning map and to the zoning ordinance and recommendation of action to Council;

      (3)   Review of development proposals under the provisions of § 153.066 within the Bridge Street Corridor districts;

      (4)   Authorize conditional uses as specifically authorized by the terms of the zoning ordinance;

      (5)   Initiate the inclusion of annexed territory in one or more of the zoning districts defined in the zoning ordinance as amended;

      (6)   Review and approve final development plans, development plans, amended and revised development plans and plan refinements for planned districts;

      (7)   Initiate rezoning applications;

      (8)   Exceptions to the subdivision regulations as provided in Chapter 152; and

      (9)   All other powers and duties as may be provided by the City Charter and city ordinances as amended.

('80 Code, §§ 1131.01, 1131.02) (Ord. 101-90, passed 11-19-90; Am. Ord. 02-00, passed 1-18-00; Am. Ord. 19-12, passed 4-23-12)

   (A)   Generally. No occupied or vacant land shall hereafter be changed in its use in whole or part until the certificate of zoning compliance has been issued by the Administrative Officer. No existing or new building shall hereafter be changed in its use in whole or in part until the certificate of zoning compliance has been issued by the Administrative Officer. This section shall in no case be construed as requiring a certificate of zoning compliance in the event of a change in ownership or tenancy only, without a change in use or intended use, provided that no repairs, alterations or additions are proposed for such building.

   (B)   Building permit. No building permit for the extension, erection or alteration of any building shall be issued before an application has been made and a Certificate of zoning compliance issued, and no building shall be occupied until such certificate is approved.

   (C)   Application for certificates. Each application for a certificate of zoning compliance for new development shall be accompanied by a plan in duplicate drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following:

      (1)   The actual dimensions of the lot including easements.

      (2)   The exact size and location of all buildings existing on the lot.

      (3)   The proposed new construction.

      (4)   The existing and intended use of all parts of the land or buildings.

      (5)   Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of the Zoning Ordinance.

   (D)   Fees. When making application for a Certificate of Zoning Compliance, the following investigation and compliance fees shall be paid:

      (1)   Changes in use only of land or buildings or a single-family dwelling. No charge.

      (2)   Extensions or alterations to existing buildings, or the erection of new buildings of less than 2,000 square feet of gross floor area, $5.

      (3)   Erection of new buildings of 2,000 square feet or more of gross floor area, $10.

   (E)   Issuance of certificates. Certificates of zoning compliance shall be issued or refusal thereof given within seven working days after the date of application. Written notice of such refusal and reason thereof shall be given to the applicant.

   (F)   Open space requirements. No certificate of zoning compliance shall be issued until the requirements of § 152.086 have been met.

('80 Code, § 1123.02) (Ord. 21-70, passed 7-13-70; Am. Ord. 22-81, passed 5-4-81)

         (a)   A description or statement of the present and proposed provisions of the zoning ordinance or the proposed change of the district boundaries of the zoning district map.

         (b)   A description by map or text of the property to be affected by the proposed change or amendment.

         (c)   A statement of the relation of the proposed change or amendment to the general health, safety and welfare of the public in terms of need or appropriateness within the area by reason of changed or changing conditions and the relation to appropriate plans tor the area.

         (d)   A list of owners of property within 300 feet of the property lines of the area proposed to be rezoned. Such list to be in accordance with the Franklin County Auditor's current tax list.

      (3)   Notice of hearing. Notice setting forth the time and place of such public hearing and the nature of the proposed change or amendment shall be published on the city’s website or other generally accepted medium, as designated by City Council.

         (a)   If the ordinance, measure or regulation intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council by first class mail, at least 30 days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County Auditors current tax list or the Finance Director's mailing list and to such other list or lists that may be specified by Council, and such list of names and addresses shall be supplied by the applicant to the Clerk of Council at the time of filing.

         (b)   During such 30 days the text or copy of the text of such ordinance, measure or regulation, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure or regulation and the maps, plans and reports submitted by the Planning and Zoning Commission, board or officer shall be on file, for public examination, in the office of the Clerk of Council or in such other office as is designated by Council.

('80 Code, §§ 1125.01 - 1125.03) (Ord. 21-70, passed 7-13-70; Am. Ord. 75- 03, passed 5-3-04; Am. Ord. 19-12, passed 4-23-12; Am. Ord. 22-14, passed 8-25-14)

   (A)   Nature of conditional uses. Specifically listed conditional uses are provided within the zoning district regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the permitted uses of such zoning districts. The intent of this section is to set forth the development standards and criteria for locating and developing a conditional use in accordance with the nature of the surrounding area, conditions of development and with regard to appropriate plans.

   (B)   Written applications. Fourteen copies of a provided application form (inclusive of the original), a dimensioned site plan, and other applicable information shall be filed not less than 30 days prior to the date of the public hearing.

      (1)   Description of property and intended use. The application shall include the following statements:

         (a)   A legal description of the property.

         (b)   The proposed use of the property.

         (c)   A statement of the necessity or desirability of the proposed use to the neighborhood or community.

         (d)   A statement of the relationship of the proposed use to adjacent property and land use.

         (e)   Such other information regarding the property, proposed use or surrounding area as may be pertinent to the application or required for appropriate action by the Planning and Zoning Commission.

      (2)   Plot plan. The application shall be accompanied by a plot plan, drawn to an appropriate scale, clearly showing the following:

         (a)   The boundaries and dimensions of the lot.

         (b)   The size and location of existing and proposed structures.

         (c)   The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces, and landscaping.

         (d)   The relationship of the proposed development to the development standards.

         (e)   The use of land and location of structures on adjacent property.

   (C)   Action by the Planning Commission. The Planning and Zoning Commission shall hold a public hearing and shall not approve a conditional use unless it finds that such use at the proposed location meets all of the following requirements:

      (1)   The proposed use will be harmonious with and in accordance with the general objectives, or with any specific objective or purpose of the Zoning Code and/or Community Plan.

      (2)   The proposed use will comply with all applicable development standards, except as specifically altered in the approved conditional use.

      (3)   The proposed use will be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

      (4)   The use will not be hazardous to or have a negative impact on existing or future surrounding uses.

      (5)   The area and proposed use(s) will be adequately served by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

      (6)   The proposed use will not be detrimental to the economic welfare of the community.

      (7)   The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operations, including, but not limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the base zoning district.

      (8)   Vehicular approaches to the property shall be so designed as not to create interference with traffic on surrounding public and/or private streets or roads.

      (9)   The proposed use will not be detrimental to property values in the immediate vicinity.

      (10)   The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

   (D)   Large format retail. Any retail or wholesale use of 20,000 square feet or more of gross floor area shall be classified as a conditional use in all applicable zoning districts.

   (E)   Conditional use approval. Upon a favorable finding, the Planning and Zoning Commission shall approve a conditional use application within 30 days following the public hearing.

   (F)   Conditional use permit. A certificate of zoning compliance may be issued only for an approved conditional use within the period of one year from the date of final approval by the Planning and Zoning Commission. The right to such certificate of zoning compliance shall expire after this one year period.

   (G)   Building permit. A building permit may be obtained only for the development in accordance with the approved plot plan.

      (1)   The Director shall report approved conditional use changes to the Planning and Zoning Commission. The Director may submit any conditional use request to the Planning and Zoning Commission if the Director finds that the overall extent and impact of the proposed use should be reviewed by the Commission.

('80 Code, § 1131.03) (Ord. 101-90, passed 11-19-90; Am. Ord. 88-98, passed 11-2-98; Am. Ord. 117-03, passed 1-20-04; Am. Ord. 01-24, passed 3-11-24)

   The Administrative Review Team shall be created and carry out the responsibilities as provided in § 153.066 within the Bridge Street Corridor districts and § 153.042 within the Innovation Districts.

(Ord. 19-12, passed 4-23-12)

   (A)   Fees for conditional uses and variances. All fees shall be consistent with the fee schedule as amended by Am. Ord. 122-94.

   (B)   Fees for variances and special permits. A fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a variance or special permit to cover the necessary administrative and advertising costs.

('80 Code, §§ 1129.06, 1129.08) (Ord. 21-70, passed 7-13-70; Am. Ord. 101-90, passed 11-19-90; Am. Ord. 88-98, passed 11-2-98)

   (A)   In the event any violation of this chapter is committed, for which no specific penalty is otherwise provided, the owner or owners of the building or premises upon which the violation has been committed, any architect, builder or contractor who assists in the commission of such violation and any person, firm or corporation who violates or assists in the violation of any of the provisions of this chapter or who fails to comply herewith or with any requirement hereof, who builds in violation of any statement, plan, submitted and approved hereunder, or whoever constructs, reconstructs, alters, or modifies any exterior architectural feature, site, or sign now or hereafter in the Historic District, in violation of this chapter shall, for each and every violation for noncompliance, be guilty of a minor misdemeanor. Each day during which a violation or noncompliance occurs shall constitute a separate offense.

('80 Code, §§ 1123.99, 1183.04(e), 1191.99) (Ord. 45-89, passed 6-19-89; Ord. 25-93, passed 9-13-93)

   (B)   Non-permitted demolition of sites, structures, or objects subject to Architectural Review Board. In cases where a violation has occurred that resulted in the non-permitted demolition, partial demolition, or irreparable alteration of historic sites, structures, or objects for which a Board Order of the Architectural Review Board is required, the convicted person shall be guilty of a fourth-degree misdemeanor and subject to a mandatory minimum fine of $250, which shall not be suspended, for each offense.

   (C)   Anyone who operates a helicopter, or allows operation of a helicopter in violation of the provisions of § 153.094 shall, upon conviction, pay a fine of not more than $500 for each violation.

   (D)   Violation of §§ 153.140 - 153.147 shall constitute a fourth degree misdemeanor punishable per day per occurrence. Nothing herein shall prevent the City from taking such other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations. A separate and distinct violation shall be deemed to have occurred for each protected tree unlawfully removed and/or not replaced in violation of any of the sections aforesaid.

('80 Code, § 1184.05(f)) (Ord. 101-90, passed 11-19-90; Am. Ord. 95-96, passed 10-5-98; Am. Ord. 23-22, passed 6-13-22)