Elmore Village City Zoning Code
TITLE SEVEN
Administrative Procedures
1151.01 PURPOSE.
The purpose of this chapter is to identify the roles and responsibilities of various elected and appointed boards, as well as the duties of Village staff, in the administration of this Zoning Ordinance. (Ord. 30-22. Passed 12-12-22.)
1151.02 ZONING ADMINISTRATOR.
The Zoning Administrator shall have the following powers and duties:
(a) Zoning Ordinance Enforcement. The Zoning Administrator shall have all necessary authority on behalf of the Village to administer and enforce the provisions of this Zoning Ordinance. All officials and employees of the Village may assist the Zoning Administrator by reporting to the Zoning Administrator any new construction, reconstruction, land uses, or violations that are observed.
(b) Inspections. Conduct inspections of buildings and uses of land to determine compliance with this Zoning Ordinance.
(c) Violations. In the event violations of the Zoning Ordinance are observed, take immediate action by identifying and notifying in writing the person or persons responsible, outlining the nature of the violation and ordering corrective action within a specified time and if not corrected may refer the matter to the Village Solicitor for appropriate action.
(d) Zoning Ordinance Administration. Establish application requirements and schedules for development review applications, and to take any other actions necessary to administer the provisions of this Zoning Ordinance.
(e) Applications. Receive applications required by this Zoning Ordinance.
(f) Reports. Prepare reports and recommendations as needed for all development review procedures that require Planning Commission, Board of Zoning Appeals, or Village Council review and/or decisions.
(g) Review and Issuance of Permits and Certificates. Review and make decisions on applications for all zoning permits and certificates in accordance with this Zoning Ordinance and other applicable ordinances of the Village.
(h) Revoke Approval. Revoke a permit, certificate or approval issued contrary to this Zoning Ordinance or based on a false statement or misrepresentation on the application.
(i) Zoning Verification Letters. Prepare letters as may be requested by an individual who is seeking verification of the zoning status of a specific parcel of land.
(j) Technical Support and Assistance. Coordinate meetings related to this Zoning Ordinance and provide support, expertise, and technical assistance to the Village Council, Planning Commission, and the Board of Zoning Appeals.
(k) Interpretation. Review and make decisions on questions of interpretation related to this Zoning Ordinance.
(l) Maintain Records. Maintain a record of all administrative and legislative proceedings under this Zoning Ordinance.
(m) Zoning Map. Maintain in current status the zoning map which shall be kept on permanent display in the Village Hall.
(Ord. 30-22. Passed 12-12-22.)
1151.03 PLANNING COMMISSION.
(a) Authorization. The Planning Commission has been established by Village Council pursuant to Ohio R.C. Section 713.01 and consists of five (5) members including the mayor, one (1) member of the legislative authority to be elected thereby for the remainder of his or her term as such member of the legislative authority, and three (3) citizens to be appointed by the mayor for terms of six (6) years each. All members shall serve without compensation. Any member may hold any other public office. The Mayor shall have the right to remove any members of the Board with due cause.
(b) Proceedings. The Planning Commission may adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep records of its official actions, all of which shall be public record.
(c) Quorum. A simple majority of the Planning Commission, if in attendance, shall constitute a quorum.
(d) Powers and Duties. The Planning Commission shall have the powers and duties as set forth below and as otherwise provided in this Zoning Ordinance and Ohio R.C. Section 713.02:
(1) Site Plan Review. Review and act on Major Site Plans pursuant to this Zoning Ordinance.
(2) Cluster Subdivision. Review and recommend on cluster subdivision conditional use applications to the Board of Zoning Appeals.
(3) Conditional Uses. Review and recommend on applications for conditional uses according to provisions and criteria stated in this Zoning Ordinance to the Board of Zoning Appeals.
(4) Planned Unit Developments. Review all applications for Planned Unit Development districts and to forward recommendations on development plans, conditions, and amendments to Village Council for final action as provided in this Zoning Ordinance.
(5) Zoning Map and Text Amendments. To review all proposed amendments to and re-zonings of this Zoning Ordinance and map and to forward recommendations to Village Council.
(6) Code Review. Carry on a continuous review of the effectiveness and appropriateness of this Zoning Ordinance and initiate and recommend to Village Council such changes or amendments as it feels would be appropriate.
(7) Planning. To make plans and recommendations within and contiguous to the Village for the character, location, and extension of public and private streets, bridges, parks, open spaces, waterways, utilities, public ways, grounds, open spaces, buildings, property, utilities or terminals for water, light, sanitation, transportation, communication, power, and other purposes as provided in Ohio R.C. Section 713.02.
(Ord. 30-22. Passed 12-12-22.)
1151.04 BOARD OF ZONING APPEALS (BZA).
(a) Purpose. The purpose of the Zoning Board of Appeals shall be to decide any issue involving the interpretation of the provisions contained in the Zoning Ordinance, to grant variances from the strict letter of the Zoning Ordinance in instances of unnecessary hardship and to authorize conditional uses as herein provided.
(b) Appointment. The Board shall be composed of five (5) members, all of whom are residents of the Village. Members shall be appointed by the Mayor for a period of five (5) years. The terms shall be so arranged so that the term of one member shall expire each year. Should any vacancy on the Board occur for any reason, the Mayor shall appoint a successor to serve the unexpired term. The Mayor shall have the right to remove any members of the Board with due cause.
(c) Organization and Rules.
(1) The Board shall organize annually and elect a chairman, vice chairman and secretary from its membership. The secretary need not be a member of the Board. The Board shall adopt rules of procedure as may be necessary to carry into effect the provisions of the Zoning Ordinance and to exercise the powers and jurisdiction conferred upon it by the Zoning Ordinance provided, they are consistent with law or with any other ordinances of the Village.
(2) The chairman shall preside at all meetings of the Board. He or she shall decide on all points of order and procedure unless otherwise directed by a majority of the Board. The chairman may appoint committees deemed necessary to carry out the business of the Board. The chairman may administer oaths and compel the attendance of witnesses. The chairman's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.
(3) The vice chairman shall serve in the absence of the chairman. He or she shall have all the powers of the chairman during his or her absence, disability or disqualification.
(4) The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.
(d) Meetings. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. All meetings shall be open to the public.
(e) Voting.
(1) All actions of the Board shall be taken by resolution, the vote of each member being recorded. The majority of the Board shall constitute a quorum to do business and the concurring vote of three (3) members shall be necessary to reverse any order, requirements, decision, or determination of the Zoning Administrator.
(2) No member of the Board shall vote on any matter in which he or she is personally or financially interested.
(f) Minutes and Records. The secretary of the Board 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 action, all of which shall be certified correct and filed in the Village Hall and shall be a public record.
(g) Witnesses and Oaths. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.
(h) Department Assistance. The Board may call on the Village departments for assistance in the performance of its duties, and it shall be the duty of such departments to render assistance to the Board as may be required. In addition, the Planning Commission may make an analysis and present a report on any matter before the Board. Such report shall be considered by the Board at the time of hearing on the matter.
(i) Jurisdiction and Powers. The Board shall operate so as to carry into affect the powers and jurisdiction conferred upon it as follows:
(1) Conditional Uses. To hear and decide on such conditional uses as the Board is specifically authorized to pass on by the terms of the Zoning Ordinance.
(2) Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of the Zoning Ordinance.
(3) Variances. To hear and decide upon application for variances under the terms provided in the Zoning Ordinance.
(4) Interpretation. To interpret the provisions of the Zoning Ordinance or Map where there is doubt as to meaning or application. The Board shall have specific power to:
A. Interpret the precise location of the boundary lines between zoning districts.
B. Interpret the classification of a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the intent and purpose of each district.
(5) Other Duties. To exercise such other powers as may be granted to the Board by this Zoning Ordinance, amendment thereto or by the general laws as set forth in the Ohio Revised Code as amended.
(6) The Board shall not have the power to alter or change the zoning district classification of any property, nor to make any change to the terms or intent of the Zoning Ordinance, but does have power to act on those matters where the Zoning Ordinance provides for judicial review, interpretation, variance or conditional use.
(Ord. 30-22. Passed 12-12-22.)
1151.05 VILLAGE COUNCIL.
Village Council shall have the following powers and duties with respect to the administration and enforcement of this Zoning Ordinance:
(a) Review and Act on Amendments. To review, render decision, and enact amendments to the proposed amendments of this Zoning Ordinance and official zoning map.
(b) Initiate Amendments. To initiate amendments to the provisions of this Zoning Ordinance and official zoning map through an ordinance or resolution and forwarding said action to the Planning Commission for review and recommendation.
(c) Establish Fees. Establish a schedule of fees necessary to effectively administer and enforce the provisions of this Zoning Ordinance.
(d) Other Duties. Perform any other duties related to the administration and enforcement of this code as authorized by this Zoning Ordinance and State law.
(Ord. 30-22. Passed 12-12-22.)
1151.06 VILLAGE SOLICITOR.
In case a building or structure is, or is intended to be, erected, constructed, reconstructed, altered or converted, or in case a building, structure or premises is, or is intended to be, used in violation of or is contrary to this Zoning Ordinance, the Village Solicitor is hereby authorized, in addition to other remedies set forth in this Zoning Ordinance and after conferring with Mayor/Village Council and gaining their approval, to institute an action to enjoin or proceed with any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use.
(Ord. 30-22. Passed 12-12-22.)
1153.01 PURPOSE.
The purpose of this chapter is to establish common review standards that will ensure that the regulations set forth in this Zoning Ordinance are soundly and consistently applied.
(Ord. 30-22. Passed 12-12-22.)
1153.02 APPLICABILITY.
The requirements of this chapter shall apply to all applications and procedures subject to development review under this Zoning Ordinance, unless otherwise stated.
(Ord. 30-22. Passed 12-12-22.)
1153.03 AUTHORITY TO FILE APPLICATIONS.
(a) Unless otherwise specified in this Zoning Ordinance, development review applications may be initiated by:
(1) The owner of the property that is the subject of the application; or
(2) The owner's authorized agent.
(b) When an authorized agent files an application under this Zoning Ordinance on behalf of a property owner, the property owner shall be required to sign the application, which shall bind all decisions, and related conditions of approval, to the owner of the property.
(Ord. 30-22. Passed 12-12-22.)
1153.04 APPLICATION SUBMISSION SCHEDULE.
A schedule for the submission of applications in relation to the yearly establishment of meeting and hearing dates of the review bodies may be prepared by the Zoning Administrator and made available to the public.
(Ord. 30-22. Passed 12-12-22.)
1153.05 APPLICATION CONTENTS.
(a) Applications filed under this Zoning Ordinance shall be submitted in a form and in such numbers as established by the Zoning Administrator and made available to the public.
(b) When required by this Zoning Ordinance applications shall be accompanied with a list giving the names and addresses set forth on the County Auditor's mailing list of the owners of all properties within and contiguous to and directly across the street from the subject area.
(d) Complete Application Determination.
(1) The Zoning Administrator shall only initiate the review and processing of applications submitted under this Zoning Ordinance if such application is determined to be complete.
(2) If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Zoning Ordinance.
(3) If an application is determined to be incomplete, the Zoning Administrator shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a future re-submittal application.
(4) If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(5) If the application fee has not been paid, the application will be deemed incomplete per Section 1153.17(b) "Fees to be Paid."
(Ord. 30-22. Passed 12-12-22.)
1153.06 SIMULTANEOUS PROCESSING OF APPLICATION.
Whenever two (2) or more forms of review and approval are required under this Zoning Ordinance such as: a site plan review and a conditional permitted use; a site plan and a zoning map amendment; or a site plan and a building permit; the applications for those approvals shall, at the option of the applicant, be processed simultaneously, so long as all applicable requirements are satisfied for all applications.
(Ord. 30-22. Passed 12-12-22.)
1153.07 EFFECT OF PRE-APPLICATION MEETINGS.
(a) Prior to filing an application, an applicant may request a meeting with the Zoning Administrator, Village Administrator, or a commission/board for a pre-application meeting to discuss the proposed application or project.
(b) The purpose of the pre-application meeting shall be to discuss the proposed application or project, review submittal requirements, and discuss compliance with the provisions of this Zoning Ordinance prior to the submission of an application.
(c) Discussions that occur during pre-application meetings are not binding on the Village and do not constitute official assurances or representations by the Village or its officials regarding any aspects of the plan or application discussed.
(d) No action can be taken by the staff and/or any commission/board until the applicant submits an actual application and/or plan to the Village.
(Ord. 30-22. Passed 12-12-22.)
1153.08 PUBLIC NOTIFICATION FOR PUBLIC MEETINGS.
All public meetings required by this Zoning Ordinance shall be done in accordance with established ordinances and requirements of State law.
(Ord. 30-22. Passed 12-12-22.)
1153.09 PUBLIC NOTIFICATION FOR PUBLIC HEARINGS.
(a) Applications for development approval that require a public hearing shall comply with all applicable Ohio Revised Ordinance requirements and the provisions of this Zoning Ordinance in regard to public notification.
(b) Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
(1) Identify the address or location of the property subject to the application and the name of the applicant or the applicant's agent;
(2) Indicate the date, time, and place of the public hearing;
(3) Describe the land involved by street address, County Auditor parcel identification number, or by legal description;
(4) Describe the nature, scope, and purpose of the application or proposal;
(5) Identify the location (e.g., Village Hall) where the public may view the application and related documents;
(6) Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application; and
(7) Include a statement describing where written comments will be received prior to the public hearing.
(c) Constructive Notice. Minor defects in any required notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. Defects in timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed and are not minor defects. If questions arise at the public hearing regarding the adequacy of notice, the entity making the decision shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Zoning Ordinance.
(d) Courtesy Website Notice. As a matter of practice, the Village may provide broader notice to supplement the above notice provisions on the Village's website.
(Ord. 30-22. Passed 12-12-22.)
1153.10 CONDUCT OF PUBLIC HEARING.
(a) Right of All Persons. Any person may appear at a public hearing and submit information or evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state his or her address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented. Reasonable but not excessive time should be given to each individual, depending on the number of people to testify. For the purposes of this section an allocation of five (5) minutes per individual is considered reasonable.
(b) Continuance of a Public Hearing or Deferral of Application Review.
(1) An applicant may request that a review or decision-making body's consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Zoning Administrator prior to the publication of notice as may be required by this Zoning Ordinance. The Zoning Administrator may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
(2) A request for deferral of consideration of an application received by the Zoning Administrator after publication of notice of the public hearing as required by this Zoning Ordinance shall be considered as a request for a continuance of the public hearing, and may only be granted by the review or decision-making body.
(3) The review or decision-making body conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time, and place. No additional notice is required if the fixed date, time, and place is announced at the time of the continuance.
(Ord. 30-22. Passed 12-12-22.)
1153.11 WITHDRAWAL OF APPLICATION.
Any request for withdrawal of an application shall be either submitted in writing to the Zoning Administrator or made through verbal request by the applicant prior to action by the review or decision-making body.
(a) The Zoning Administrator shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this Zoning Ordinance.
(b) If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this Zoning Ordinance, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body.
(Ord. 30-22. Passed 12-12-22.)
1153.12 EXAMINATION AND COPYING OF DOCUMENTS.
Applications and other documents and/or records may be inspected and/or copied as provided for by state law.
(Ord. 30-22. Passed 12-12-22.)
1153.13 COMPUTATION OF TIME.
The Elmore Codified Ordinances Subsection 101.03(c): "Calendar, Computation of Time" shall apply in computing any period of time prescribed or allowed by this Zoning Ordinance.
(Ord. 30-22. Passed 12-12-22.)
1153.14 EFFECT OF ANY APPROVALS.
All approvals shall run with the land or use and shall not be affected by change in ownership. (Ord. 30-22. Passed 12-12-22.)
1153.15 BUILDING PERMIT REQUIRES COMPLIANCE.
No building permit shall be issued except in conformity with the provisions of this Zoning Ordinance, except after written orders from the Board of Zoning Appeals.
(Ord. 30-22. Passed 12-12-22.)
1153.16 AMENDMENTS OF APPROVED APPLICATIONS.
(a) Minor Amendments.
(1) For any review procedure, the Zoning Administrator is authorized to allow minor changes related to design of an approved application where the change is insignificant and has minimal impact to the overall design of the development. This shall not give the Zoning Administrator the authority to vary the requirements of this Zoning Ordinance or any conditions of approval.
(2) In cases where the proposed minor amendment is related to a public improvement or another element that the Village Administrator has authority over, the Village Administrator shall have the same authority to authorize minor changes.
(b) Unless otherwise stated, any approval granted through the provisions of this Zoning Ordinance may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.
(Ord. 30-22. Passed 12-12-22.)
1153.17 FEES AND COSTS.
(a) Determination of Fees. The determination of a fee schedule for the development review procedures of this Zoning Ordinance shall be established by a separate Village ordinance and made available to the public. Village Council may adjust the fees from time-to-time.
(b) Fees to be Paid. No application shall be processed until the established fee has been paid.
(c) Refund of Fees. Application fees are not refundable except where the Zoning Administrator determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(d) Deposit for Notice Mailing and Publication Cost. Wherever any notice or legal publication is required, the Village shall require a deposit which is sufficient to defray the cost of name list preparation, mailing, and publication in addition to the above referenced fees in Section 1153.17(a) "Determination of Fees."
(Ord. 30-22. Passed 12-12-22.)
1155.01 PURPOSE.
Zoning permits and certificates of compliance shall be required in accordance with the provisions of this chapter to ensure that proposed development complies with the standards of this Zoning Ordinance, and to otherwise protect the public health, safety, and general welfare of the citizens of the Village. (Ord. 30-22. Passed 12-12-22.)
1155.02 TERMINOLOGY.
For the purposes of this Zoning Ordinance, the zoning permit review shall be an administrative review that may be applied to permits or certificates of other names (e.g., sign permits, certificates of compliance, temporary use permits, etc.) if so stated in this Zoning Ordinance. (Ord. 30-22. Passed 12-12-22.)
1155.03 APPLICABILITY.
(a) No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a zoning permit issued by the Zoning Administrator.
(b) A zoning permit is required for the establishment of specific uses as established in Chapter 1115 "Use Specific Regulations."
(c) A zoning permit shall be required for any changes to any site element, off-street parking area, or other improvements to land as may be established in this Zoning Ordinance unless otherwise specifically exempted.
(d) The establishment of a use of vacant land shall require the issuance of a zoning permit.
(e) Signs shall require a zoning permit unless otherwise specifically exempted in Chapter 1141 "Signs."
(f) Zoning permits shall be issued only in conformity with the provisions of this Zoning Ordinance unless the application is subject to an approval by the Board of Zoning Appeals, Planning Commission, or Village Council providing for additional standards, conditions, or modifications, in which case, the zoning permit shall be issued in conformity with the provisions of those approvals, as applicable.
(g) Failure to obtain a zoning permit shall be a violation of this Zoning Ordinance subject to the provisions of Chapter 1167 "Enforcement and Penalties."
(h) After completion of work allowed under an approved zoning permit, the applicant shall also be required to obtain a certificate of compliance demonstrating that all work was completed under the provision of the approvals and this Zoning Ordinance.
(Ord. 30-22. Passed 12-12-22.)
1155.04 APPLICATION FOR PERMIT.
The application for a zoning permit, shall be signed by the owner and applicant pursuant to Section 1153.03 "Authority to File Applications." Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or substantially completed within two and one-half years. Zoning Permit forms are available from the Zoning Administrator's Office and online, and shall be submitted to the Zoning Administrator's Office. At a minimum, the application shall contain the following information:
(a) Name, address, and phone number of applicant.
(b) Address, legal description and zoning district of property.
(c) Existing and proposed use(s).
(d) Minor Site Plan. When review is not required per Chapter 1157 "Site Plan Review," plans in triplicate drawn to scale typically one (1) inch equals twenty (20) feet or one (1) inch equals forty (40) feet, showing:
(1) The actual dimensions and the shape of the lot to be built upon;
(2) Location of all adjacent streets, alleys, and drives;
(3) The exact size and location of existing buildings on the lot, if any;
(4) The location and dimensions of the proposed building(s) or alterations;
(5) Building heights;
(6) The dimensions of all yards, open spaces and easements;
(7) Location of off-street parking spaces and number, loading berths, and access drives; and
(8) Number of dwelling units with square footage.
(e) An application for a zoning permit shall be accompanied by any applicable approved plan such as a Major Site Plan, Conditional Use Site Plan, PUD Development Plan, Landscape Plan and Parking Lot Plan, revised to incorporate any conditions of approval.
(f) Such other information as may be necessary to determine conformance with, and provide for the enforcement of this Zoning Ordinance.
(Ord. 30-22. Passed 12-12-22.)
1155.05 APPROVAL OF PERMIT.
(a) Within thirty (30) days after the receipt of a complete application, pursuant to Section 1153.05 "Application Contents," the Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of this Zoning Ordinance.
(b) All zoning permits shall, however, be conditional upon the commencement of work within one (1) year.
(c) One (1) copy of the plans shall be returned to the applicant by the Zoning Administrator, after he or she shall have marked such copy either as approved or disapproved and attested to same by his or her signature on such copy. One (1) copy of plans, similarly marked, shall be retained by the Zoning Administrator.
(d) The Zoning Administrator shall issue a placard, to be posted by the applicant in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Zoning Ordinance. Conspicuous locations include but are not limited to a front window or front door, and if a vacant lot, then on a fence or utility pole.
(Ord. 30-22. Passed 12-12-22.)
1155.06 SUBMISSION TO DIRECTOR OF O.D.O.T.
Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of Transportation or any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Zoning Administrator shall give notice, by registered or certified mail to the Director of Transportation. The Zoning Administrator shall not issue a zoning permit for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Zoning Administrator that he/she shall proceed to acquire the land needed, then the Zoning Administrator shall refuse to issue the zoning permit. If the Director of Transportation notifies the Zoning Administrator that acquisition at this time is not in the public interest or upon the expiration of the 120 day period of any extension thereof agreed upon by the Director of Transportation and the property owner, the Zoning Administrator shall, if application is in conformance with all provisions of this Zoning Ordinance, issue the zoning permit.
(Ord. 30-22. Passed 12-12-22.)
1155.07 EXPIRATION OF ZONING PERMIT.
(a) If the work described in any zoning permit has not begun within one (1) year from the date of issuance thereof, such permit shall expire; it shall be revoked by the Zoning Administrator; and written notice thereof shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within two and one-half (2 ½) years of the date of issuance, the permit shall expire and be revoked by the Zoning Administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.
(b) The Zoning Administrator may use the lack of an active building permit from the Ottawa County Department of Building Inspection as evidence that work has not begun or not completed. (Ord. 30-22. Passed 12-12-22.)
1155.08 CERTIFICATE OF COMPLIANCE.
(a) Use Prohibited Without Certificate of Compliance. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of compliance shall have been issued by the Zoning Administrator stating that proposed use of the building or land conforms to the requirements of this Zoning Ordinance.
(b) Coordination with County Building Permit. It is the responsibility of the owner to contact the Ottawa County Department of Building Inspection to ascertain whether a building permit is necessary. The applicant shall provide the Ottawa County Building Inspector with a copy of the zoning application/approval. Building permits and all construction inspections are controlled through the Ottawa County Department of Building Inspection. The Ottawa County Department of Building Inspection may issue a Certificate of Occupancy at the completion of construction and upon approval of all required inspections.
(Ord. 30-22. Passed 12-12-22.)
1155.09 TEMPORARY CERTIFICATE OF COMPLIANCE.
A temporary certificate of compliance may be issued by the Zoning Administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 30-22. Passed 12-12-22.)
1155.10 RECORD OF CERTIFICATES OF COMPLIANCE.
The Zoning Administrator shall maintain a record of all certificates of compliance and a copy shall be furnished upon request to any person.
(Ord. 30-22. Passed 12-12-22.)
1155.11 FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF COMPLIANCE.
Failure to obtain a zoning permit or certificate of compliance shall be a violation of this Zoning Ordinance and punishable under Section 1167.99 "Penalty."
(Ord. 30-22. Passed 12-12-22.)
1155.12 CONSTRUCTION AND USE ARE TO BE AS APPROVED.
Zoning permits or certificates of compliance issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, or arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Zoning Ordinance, and punishable as provided in Section 1167.99 "Penalty."
(Ord. 30-22. Passed 12-12-22.)
1157.01 PURPOSE.
The purpose of the site plan review procedure is to ensure that large-scale residential developments and all nonresidential developments comply with the development and design standards of this Zoning Ordinance. Zoning permits for any building, structure, expansions, or use of land subject to this chapter shall not be issued without an approved site plan.
(Ord. 30-22. Passed 12-12-22.)
1157.02 INITIATION.
Pursuant to Section 1153.03 "Authority to File Applications" any person having authority to file applications may initiate an application for site plan review.
(Ord. 30-22. Passed 12-12-22.)
1157.03 APPLICABILITY.
(a) Site Plan Review Required. The following uses and developments shall require submittal of a site plan:
(1) New nonresidential development including conditional uses;
(2) New multi-family residential structures or expansions;
(3) Expansions of existing nonresidential structures representing a substantial increase in gross floor area as determined by the following Table 1157-1 "Substantial Expansion;"
Table 1157-1: Substantial Expansion | |
When existing structure is | A substantial expansion is |
0 - 25,000 square feet | 30% or greater |
25,001 - 50,000 square feet | 20% or greater |
50,001 square feet or larger | 10% or greater |
(4) Any changes in a previously approved site plan;
(5) The conversion of an existing residential use to a business, industrial or higher density residential use;
(6) Modifications to an existing development where site plan requirements are modified; and
(7) Any uses or developments expressly required by this Zoning Ordinance to submit a site plan.
(b) Exemptions. The following applications are exempt from the site plan review procedures outlined in the above Subsection 1157.03(a) "Site Plan Review Required:"
(1) New single-family and two-family residential dwellings;
(2) Expansions of existing nonresidential uses not representing a substantial increase in gross floor area as determined by Table 1157-1 "Substantial Expansion;"
(3) A change in use of a nonresidential building provided the change in use does not increase the amount of parking required for the site;
(4) Accessory structures and uses;
(6) Signs.
(Ord. 30-22. Passed 12-12-22.)
1157.04 TYPES OF SITE PLAN REVIEW.
(a) Minor Site Plan Review. The Zoning Administrator shall have decision-making authority for all site plans exempted from review under this chapter. Zoning Administrator approval shall be considered a Minor Site Plan Review. See Section 1155.04(d) "Minor Site Plan."
(b) Major Site Plan Review. The Planning Commission shall have decision-making authority for all site plan reviews as provided for in this chapter except for site plans that require a conditional use permit. Planning Commission approval shall be considered a Major Site Plan Review.
(c) Conditional Uses. For those uses that require a conditional use permit from the Board of Zoning Appeals, the Board shall also approve the site plan, and grant any exceptions or make any determinations otherwise under the purview of the Zoning Administrator or the Planning Commission as provided for in this Zoning Ordinance.
Figure 1157-A: Flowchart Showing Types of Site Plan Reviews
(Ord. 30-22. Passed 12-12-22.)
1157.05 SITE PLAN SUBMISSION REQUIREMENTS.
An application for site plan review shall include the following general information, maps, plans, designs and supplementary documents listed below. The Zoning Administrator may defer or waive any submission requirement by determining that such information is not needed or relevant to making a determination regarding compliance with the requirements of this Zoning Ordinance.
(a) General Submittal Requirements.
(1) A cover letter indicating the project title and narrative description including proposed use of the subject property.
(2) Name, address, and phone number, of the owner and of any parties who should be informed of the progress of the request.
(3) A legal description of the subject property including County Auditor parcel number(s).
(4) A vicinity map showing the subject property and nearby streets. The vicinity map may be on the same sheet as the site plan drawing.
(5) Site Plan copies in such numbers as established by the Zoning Administrator.
(6) Digital copies of application material, including plans, and other images or drawings, shall be submitted in a format as established by the Zoning Administrator.
(7) Attach any active rezoning, conditional use, or variance applications for the subject property.
(b) General Format Requirements.
(1) Site Plan done by an engineer or architect bearing their professional seal, unless it is determined by the Zoning Administrator, that due to the simplicity of the project, a professional seal is not required at this stage of the project development.
(2) Drawings submitted typically on size "E" (twenty-two (22) inches by thirty--four (34) inches) sheets; eleven (11) inches by seventeen (17) inches may be permitted on smaller projects as long as the details are legible.
(3) Graphic scale for drawings plotted to a standard engineering scale, typically one (1) inch equals twenty (20) feet or one (1) inch equals forty (40) feet.
(4) Plan orientation shall have north being the top or to the left of the page and dimensioned graphic scale on all sheets.
(c) Basic Site Plan Information.
(1) Label zoning district(s) of subject site and adjacent sites.
(2) The location and dimensions of the subject property lines, public rights of way, easements, and driveway locations opposite to and adjacent to the subject property.
(3) The location, dimensions and total square footage of all existing and proposed buildings, and structures.
(4) The distance from property lines and the right of way of all buildings, structures, parking areas (including adjacent drives), and dumpster/trash enclosure areas.
(5) Existing and proposed topographical features. Ground elevations shall be shown as contour lines with no larger than five-(5) foot contour intervals if ground slope is in excess of four percent (4%) in any area and two-(2) foot intervals if ground slope is less than four percent (4%).
(6) The location and type of all utilities.
(7) Landscape plan, where applicable, showing the location, type, species, and quantities of all landscaping, screening, fencing and walls. See Chapter 1137 "Landscaping and Screening."
(8) The location, dimensions and surface materials of parking areas, drives, drive through stacking lanes, public streets, sidewalks, trash enclosure areas, loading areas, outdoor storage or display areas, and outdoor dining areas. See Chapter 1139 "Parking, Access and Mobility."
(10) When new buildings, additions or alterations to existing buildings are proposed, a separate plan sheet or sheets, prepared by a qualified professional and drawn to scale including exterior architectural plans. Plans shall include exterior building elevations of all sides of buildings, notation of all exterior materials, colors utilized, and the height and width of buildings. If exterior elevations are not available, reasonable graphic representations may be submitted. See Chapter 1135 "Building Design Standards."
(11) The location, height and style of all exterior lighting (including fixture detail). See Section 1133.03 "Outdoor Lighting."
(12) For all residential applications, the number of dwelling units proposed with square footage by unit type. See Section 1131.10 "Dwelling Floor Area Requirements."
(Ord. 30-22. Passed 12-12-22.)
1157.06 SITE PLAN REVIEW PROCEDURE.
Site plans shall be reviewed, distributed and approved according to the following procedures:
(a) Applications.
(1) Site Plan Review applications shall be in a form and in such numbers as established by the Zoning Administrator and when completed shall be submitted to the Zoning Administrator.
(b) Review of Application by Zoning Administrator.
(1) Upon receipt of an application for site plan review, the Zoning Administrator shall review the application for completeness pursuant to Section 1153.05 "Application Contents."
(2) The Zoning Administrator may distribute the proposed site plan to all appropriate village departments and professional consultants for review and comment. The Zoning Administrator may also review and prepare a report. Any comments or expert opinions shall be returned to the Zoning Administrator for transmission to the Planning Commission and/or Board of Zoning Appeals.
(c) Transmittal to the Planning Commission and Board of Zoning Appeals.
(1) The Zoning Administrator shall refer a complete major site plan along with any reports to the Planning Commission.
(2) The Zoning Administrator shall refer a complete conditional use site plan to the Planning Commission and to the Board of Zoning Appeals.
(d) Action by the Planning Commission. The Planning Commission shall take the following actions:
(1) Criteria. The Planning Commission shall review the site plan according to the criteria in Section 1157.07 "Site Plan Review Criteria."
(2) Major Site Plan. The Planning Commission shall make a decision on a major site plan at a regularly scheduled meeting. In making its decision, the Planning Commission may approve, approve with conditions, or deny the application. The Planning Commission shall issue its findings of approval, approval with modifications, or disapproval to the Zoning Administrator within sixty (60) days of a complete application.
(3) Conditional Use Site Plan. The Planning Commission shall, if the proposed site plan is for a conditional use, conduct their review at a regular scheduled meeting and report their recommendation to the Board of Zoning Appeals within thirty (30) days.
(4) Additional Notification. If the Planning Commission determines that additional public notification is desirable, notice of such meeting shall be given in accordance with Section 1153.09 "Public Notification for Public Hearings" by written notice of such meeting mailed by first class mail, at least ten (10) days before the day of the meeting to all owners of property within, contiguous to, and directly across the street from such area for the subject property to the addresses of such owners appearing on the County Auditor's current tax list.
(e) Action by the Board of Zoning Appeals. The Board of Zoning Appeals shall take the following actions:
(1) Conditional Use Site Plan. The Board shall shall hear, review and decide on a conditional use site plan in accordance with Chapter 1161 "Conditional Use Review" after receiving a recommendation on the conditional use site plan from the Planning Commission. No site plan may be given final approval unless a required Conditional Permitted Use is also approved.
(2) Criteria. The Board shall review the site plan according to the criteria in Section 1157.07 "Site Plan Review Criteria."
(f) Changes and Revisions. The site plan review application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Zoning Administrator that will illustrate the development as approved by the Planning Commission or Board of Zoning Appeals as applicable.
(g) Other Development Approvals. The proposed site plan shall meet all the requirements or conditions of any applicable development approvals (e.g., Cluster Subdivision, PUD, Manufactured Home Park, Planned Business Park).
(h) Decision by Zoning Administrator. Upon receipt of the findings of Planning Commission or Board of Zoning Appeals, the Zoning Administrator, in accordance with Section 1155.05 "Approval of Permit," shall take one of the following actions:
(1) If the Planning Commission or the Board finds the application complies with the Zoning Ordinance regulations, and no variance is required, the Zoning Administrator shall approve the permit application.
(2) If the Planning Commission finds the application does not comply with the Zoning Ordinance regulations, the Zoning Administrator shall deny the requested permit application.
(3) If the Planning Commission determines that a variance is required, the Zoning Administrator shall present the application and the Planning Commission's findings and recommendations to the Board of Zoning Appeals for public hearing.
(Ord. 30-22. Passed 12-12-22.)
1157.07 SITE PLAN REVIEW CRITERIA.
Recommendations and decisions on a site plan shall be based on consideration of the following criteria:
(a) That the proposed development is consistent with all the requirements of this Zoning Ordinance;
(b) That the proposed development is in compliance with all applicable zoning districts;
(c) Whether the proposed improvements preserve the character and nature of the surrounding area, including the natural characteristics of the area;
(d) Whether the proposed improvements are constructed of unsightly, improper, or unsuitable materials;
(e) Whether the proposed site and improvements shall have an appearance that will not have an adverse effect upon adjacent residential properties; and
(f) Whether the proposed improvements are compatible and in harmony with the existing structures in the surrounding area.
(Ord. 30-22. Passed 12-12-22.)
1157.08 APPEALS.
(a) Minor Site Plan. Appeals of the Zoning Administrator's decision on a Minor Site Plan application shall be taken to the Board of Zoning Appeals by filing a notice appeal to the Zoning Administrator. Appeals shall be filled within ten (10) days of the Zoning Administrator's decision. Procedure and public notice of the appeal shall be in accordance with Chapter 1163 "Appeals and Variances."
(b) Major Site Plan. Appeals of the Planning Commission's decision on a Major Site Plan application shall be taken to the Board of Zoning Appeals by filing a notice appeal to the Zoning Administrator. Appeals shall be filled within ten (10) days of the Planning Commission's decision. Procedure and public notice of the appeal shall be in accordance with Chapter 1163 "Appeals and Variances."
(c) Conditional Use Site Plan. Any person aggrieved by a final decision on a conditional use site plan application by the Board of Zoning Appeals may appeal as provided in Section 1163.04 "Appeals of Board Decisions."
(Ord. 30-22. Passed 12-12-22.)
1157.09 CONTROL OF ZONING, BUILDING, AND OTHER PERMITS.
An approved site plan shall control the issuance of all zoning permits, certificates of compliance, conditional use permits, building permits, and of other related permits and shall restrict the nature, location and design of all uses within the area described in the approved site plan. (Ord. 30-22. Passed 12-12-22.)
1159.01 PURPOSE.
The purpose of this chapter is to provide a process of amending the zoning map and text of this Zoning Ordinance.
(Ord. 30-22. Passed 12-12-22.)
1159.02 GENERAL.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, Council may by ordinance after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
(Ord. 30-22. Passed 12-12-22.)
1159.03 INITIATION OF ZONING AMENDMENTS.
Amendments to this Zoning Ordinance may be initiated in one of the following ways:
(a) By adoption of a motion by the Planning Commission.
(b) By adoption of a resolution by Council.
(c) By the filing of an application by at least one (1) owner or lessee of property within the area proposed to be changed or affected by such amendment, pursuant to Section 1153.03 "Authority to File Applications," with the Zoning Administrator.
(Ord. 30-22. Passed 12-12-22.)
1159.04 CONTENTS OF APPLICATION.
The application for amendment shall contain at least the following information:
(a) Name, address, and phone number of applicant.
(b) Proposed amendment to the text or legal description.
(c) Present use.
(d) Present Zoning District.
(e) Proposed use including any plans that the applicant has developed. If a site plan is submitted see Chapter 1157 "Site Plan Review" for submission requirements.
(f) Proposed Zoning District.
(g) A vicinity map at a scale of not less than one (1) inch equals 100 feet showing property lines, streets, existing and proposed zoning, existing use of all buildings and the principal use of all adjacent properties.
(h) A list of all property owners within, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned, including the tax mailing addresses of the property owners as listed by the County Auditor pursuant to Section 1153.05 "Application Contents," subsection (b).
(Ord. 30-22. Passed 12-12-22.)
1159.05 TRANSMITTAL TO PLANNING COMMISSION.
(a) Immediately after the adoption of a resolution by Council or the filing of an application such resolution or application shall be transmitted to the Planning Commission.
(b) The Zoning Administrator may distribute a zoning map amendment application to all appropriate Village departments and professional consultants for review and comment. The Zoning Administrator may also review and prepare a report. Any comments or expert opinions shall be returned to the Zoning Administrator for transmission to the Planning Commission.
(Ord. 30-22. Passed 12-12-22.)
1159.06 AMENDMENT SUBMISSION TO THE DIRECTOR OF O.D.O.T.
Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Director of Transportation. The Commission may proceed as required by law; however, Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation. The Director of Transportation notifies the Village that he or she shall proceed to acquire the land needed, then the Village shall refuse to approve the rezoning. If the Director of Transportation notifies the Village that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Director of Transportation and the property owner, Council shall proceed as required by law.
(Ord. 30-22. Passed 12-12-22.)
1159.07 PUBLIC HEARING BY PLANNING COMMISSION.
The Planning Commission shall schedule a public hearing after the adoption of a motion, transmittal of a resolution from Council, or the filing of an application for zoning amendment. The hearing shall be not less than twenty (20) days from the date of the receipt of such motion, transmittal of such resolution, or the filing of such application.
(Ord. 30-22. Passed 12-12-22.)
1159.08 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing, notice of such hearing shall be given by the Planning Commission or Clerk of Council by at least one publication in one or more newspapers of general circulation in the Village at least fifteen (15) days before the date of such hearing. This notification shall be provided in accordance with Section 1153.09 "Public Notification for Public Hearings" This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to Council for further determination.
(Ord. 30-22. Passed 12-12-22.)
1159.09 NOTICE TO PROPERTY OWNERS BY PLANNING COMMISSION.
If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Planning Commission or Clerk of Council by first class mail, at least twenty (20) days before the date of the hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list and to such other list or lists that may be specified by Council. The notice shall contain the same information as required of notices published in newspapers as specified in this chapter and Section 1153.09 "Public Notification for Public Hearings."
(Ord. 30-22. Passed 12-12-22.)
1159.10 RECOMMENDATIONS BY PLANNING COMMISSION.
(a) In reviewing the application, the Planning Commission shall at a minimum, consider the reports and opinions transmitted by the Zoning Administrator and the review criteria of this chapter.
(b) Within sixty (60) days after the public hearing, the Planning Commission shall recommend to Council that the amendment be granted as requested, or it may recommend a modification of the amendment requested or it may recommend that the amendment be not granted. The Planning Commission shall transmit its recommendation to Council.
(Ord. 30-22. Passed 12-12-22.)
1159.11 PUBLIC HEARING BY COUNCIL.
Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing.
(Ord. 30-22. Passed 12-12-22.)
1159.12 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Notice of the public hearing shall be given by Council by at least one publication in one (1) or more newspapers of general circulation in the Village. Such notice shall be published at least thirty (30) days before the date of the required hearing in accordance with Section 1153.09 "Public Notification for Public Hearings." The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 30-22. Passed 12-12-22.)
1159.13 NOTICE TO PROPERTY OWNERS BY COUNCIL.
If the proposed amendment intends to rezone or redistrict ten (10) 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 twenty (20) days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list and to such other list or lists that may be specified by Council. The failure to deliver the notification, as provided in this section shall not invalidate any such amendment (See Subsection 1153.09(c) "Constructive Notice."). The notice shall contain the time and place of the public hearing and the nature of the amendment in accordance with Section 1153.09 "Public Notification for Public Hearings."
(Ord. 30-22. Passed 12-12-22.)
1159.14 ACTION BY COUNCIL.
(a) In reviewing the application, City Council shall at a minimum, consider the reports and opinions transmitted by the Zoning Administrator, the recommendation from Planning Commission, and the review criteria of this chapter.
(b) Within sixty (60) days after the public hearing Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three fourths (3/4) of the full membership of Council.
(Ord. 30-22. Passed 12-12-22.)
1159.15 EFFECTIVE DATE AND REFERENDUM.
(a) Such amendment adopted by Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance there is presented to the Village Clerk a petition, signed by a number of qualified voters residing in the Village equal to not less than ten percent (10%) of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting Council to submit the zoning ordinance to the electors of the Village for approval or rejection at the next general election.
(b) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.
(Ord. 30-22. Passed 12-12-22.)
1159.16 ZONING TEXT OR MAP AMENDMENT REVIEW CRITERIA.
Recommendations and decisions on zoning text or map amendment applications shall be based on consideration of the following review criteria. Not all criteria may be applicable in each case, and each case shall be determined on its own facts.
(a) Relationship to Existing Plans. The proposed amendment is consistent with Village adopted plans, goals and policies;
(b) Changing Conditions. The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions;
(c) Public Interest. The proposed amendment will promote the public health, safety, and general welfare;
(d) Suitability. The proposed amendment, if amending the zoning map, is suitable for the uses permitted under the proposed zoning;
(e) Adverse Impacts. The proposed amendment is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated;
(f) Compatibility. The proposed amendment is not likely to result in significant adverse impacts on surrounding uses and on the economic viability of existing developed and vacant land within the Village; and/or
(g) Public Facilities. The adequacy of public facilities such as transportation, utilities, and other required public services to serve the proposed use
(Ord. 30-22. Passed 12-12-22.)
1161.01 INTENT.
It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of this chapter, shall follow the procedures and requirements set forth in this chapter.
(Ord. 30-22. Passed 12-12-22.)
1161.02 APPLICABILITY.
The provisions of this chapter apply to the location and maintenance of any and all conditional permitted uses. Board of Zoning Appeals approval is required before any use listed as a conditional use in Chapter 1113 "Permitted Uses" may be established or expanded.
(Ord. 30-22. Passed 12-12-22.)
1161.03 INITIATION.
Pursuant to Section 1153.03 "Authority to File Applications," any person having authority to file applications may initiate an application for a conditional use permit.
(Ord. 30-22. Passed 12-12-22.)
1161.04 CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT.
(a) An application for conditional use permit shall be filed with the Zoning Administrator. At a minimum, the application shall contain the following information:
(1) Name, address and phone number of applicant.
(2) Address, legal description and zoning district of property.
(3) Description of existing use.
(4) Description of proposed conditional use.
(5) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the Board of Zoning Appeals may require to determine if the proposed conditional use meets the intent and requirement of this Zoning Ordinance. A site plan may be substituted if required by Chapter 1157 "Site Plan Review."
(6) A narrative statement evaluating the economic effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration or adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Village's adopted plans, goals and policies.
(7) Additional documentation (drawings, pictures, or exhibits) which will assist the Board to make a formal and timely decision.
(8) Such other information as may be required.
(b) The Zoning Administrator may distribute the completed application to all appropriate Village departments and professional consultants for review and comment. Any comments or expert opinions shall be returned to the Zoning Administrator for transmission to the Planning Commission and Board of Zoning Appeals.
(c) The Zoning Administrator shall transmit the completed application and all supporting materials to the Planning Commission and the Board of Zoning Appeals.
(Ord. 30-22. Passed 12-12-22.)
1161.05 GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES.
In addition to the specific requirements for conditionally permitted uses, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
(a) Will be harmonious with and in accordance with the general objectives, or with the specific objective of the Village's adopted plans, goals and policies and/or the Zoning Ordinance.
(b) The use complies with all applicable provisions of this Zoning Ordinance including any use-specific provisions established in Chapter 1115 "Use Specific Regulations."
(c) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(d) Will not be hazardous or disturbing to existing or future neighboring uses.
(e) Will be served adequately 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 person or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(f) Will not create excessive additional requirement at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(g) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to the economic welfare of the community.
(h) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will not be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(i) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public street or roads.
(j) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(Ord. 30-22. Passed 12-12-22.)
1161.06 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with the Zoning Ordinance. Violations of such conditions and safeguards when made a part of the terms under which the conditional use was granted, shall be deemed a violation of the Zoning Ordinance and punishable. Such conditions may include, but shall not be limited to the regulation of:
(a) Setbacks;
(b) Screening and buffers;
(c) Noise;
(d) Hours of operation;
(e) Access and traffic;
(f) Glare;
(g) Vibration;
(h) Odors;
(i) Dust;
(j) Smoke;
(k) Hazardous materials; and
(l) Refuse matter or water-carried waste.
(Ord. 30-22. Passed 12-12-22.)
1161.07 PLANNING COMMISSION REVIEW AND COMMENT.
(a) The Planning Commission shall study each application for a conditional use permit and make a recommendation within thirty (30) days of receipt to the Board of Zoning Appeals.
(b) In reviewing the application, the Planning Commission shall at a minimum, consider the reports and opinions transmitted by the Zoning Administrator and the review criteria of this chapter. (Ord. 30-22. Passed 12-12-22.)
1161.08 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.
The Board shall hold a public hearing within sixty (60) days from the receipt of the application for a conditional use.
(Ord. 30-22. Passed 12-12-22.)
1161.09 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing, notice of such hearing shall be placed in one (1) or more newspapers of general circulation in the Village at least ten (10) days before the date of such hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed conditional use in accordance with Section 1153.09 "Public Notification for Public Hearings." (Ord. 30-22. Passed 12-12-22.)
1161.10 NOTICE OF PUBLIC HEARING TO PROPERTY OWNERS.
Before holding the public hearing, written notice of such hearing shall be mailed, by first class mail, at least ten (10) days before the day of the hearing to all owners of property within, contiguous to, and directly across the street from such area for the conditional use to the addresses of such owners appearing on the County Auditor's current tax list.
(Ord. 30-22. Passed 12-12-22.)
1161.11 EXPIRATION OF CONDITIONAL USE PERMIT.
A conditional use permit shall be deemed to authorize only one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall cease for more than six (6) months.
(Ord. 30-22. Passed 12-12-22.)
1161.12 DECISIONS OF THE BOARD OF ZONING APPEALS.
(a) The Board shall decide all applications for conditional uses within thirty (30) days after the final hearing thereon.
(b) The applicant shall be notified in writing of the Board's decision and the findings of fact which were the basis for the Board's determination.
(c) In reaching a decision, the Board shall be guided by standards specified in the Zoning Ordinance, and recommendations of the Planning Commission, and community goals and policies so specified.
(d) A copy of the Board's decision including all terms and conditions shall be transmitted to the Zoning Administrator and shall be binding upon and observed by him or her. The Zoning Administrator shall fully incorporate these same terms and conditions in the permit to the applicant whenever a permit is authorized by the Board.
(e) All findings and decisions shall be clearly set forth in the minutes of the Board.
(f) If the application is disapproved by the Board of Zoning Appeals or revokes the permit, the applicant may seek relief through judicial review in accordance with law. Such appeal shall be filed within thirty (30) calendar days after the decision of the Board.
(Ord. 30-22. Passed 12-12-22.)
1163.01 APPEALS.
(a) Purpose. This section allows any person aggrieved by an administrative decision during the administration or enforcement of this Zoning Ordinance the opportunity to have the Board of Zoning Appeals review that decision. The Board shall determine whether or not the decision was in conformance with this Zoning Ordinance.
(b) Applicability and Initiation.
(1) Appeals to the Board of Zoning Appeals concerning interpretation or administration of the Zoning Ordinance may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any administrative decision by the Planning Commission, Zoning Administrator, or any other administrative staff given the authority to make a decision as authorized by this Zoning Ordinance.
(2) An appeal may not be made to the Board when the Planning Commission is making a recommendation to Village Council as part of a legislative action such as a code text, a map amendment, or a PUD.
(c) Appeal Procedure.
(1) Submission of Appeal. Such appeal shall be taken within twenty (20) days after the decision by filing with the Zoning Administrator, a written notice of appeal specifying the ground upon which the appeal is being taken.
(2) Forwarding of the Record to the Board. The Zoning Administrator shall transmit all the papers, documents, and other materials related to the appealed decision or determination to the Board of Zoning Appeals. This material shall constitute the record of the appeal.
(d) Review Criteria for Appeals. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this Zoning Ordinance.
(f) Stay of Proceedings. A properly submitted appeal shall stay all administrative proceedings by the Village in furtherance of the action appealed, unless the Zoning Administrator certifies to the Board of Zoning Appeals that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the Board or by a court of competent jurisdiction, for good cause shown.
(Ord. 30-22. Passed 12-12-22.)
1163.02 VARIANCES.
(a) Authority and Intent.
(1) The Board of Zoning Appeals may authorize upon appeal in specific cases such variances from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district or permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance.
(2) It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this Zoning Ordinance may impose of property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission.
(b) Initiation. Pursuant to Section 1153.03 "Authority to File Applications," any person having authority to file applications may initiate an application for a variance.
(c) Application. A variance from the terms of the Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Board of Zoning Appeals through the Zoning Administrator. The application shall contain the following information as a minimum:
(1) Name, address, and phone number of applicant;
(2) Legal description of property and a survey of the property in question by a person licensed in the State of Ohio to perform land surveys as may be required by the Zoning Administrator;
(3) Description of nature of variance requested;
(4) A narrative statement demonstrating that the requested variance conforms to the factors set forth in Subsection 1163.02(d) "Factors to be Considered for Variances," items (1) through (9);
(5) The signature of the owner or applicant attesting to the truth and exactness of all information supplied by the application; and
(d) Factors to be Considered for Variances. The following factors shall be considered and weighed by the Board of Zoning Appeals to determine practical difficulty:
(1) Exceptional Circumstances. Whether special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Zoning Ordinance and that authorization of a variance is, therefore, necessary to enable the reasonable use of the property.
(2) Preservation of Property Rights. That a literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Zoning Ordinance and that the granting of such variance will not be injurious to persons working or residing in the neighborhood.
(3) Not Due to Applicant Actions. That special conditions and circumstances do not result from the actions of the applicant and not solely based on showing that the property could be put to better economic use than presently permitted by zoning regulations. Such theoretical loss or limited possibilities of economic advantage shall not be considered real hardships.
(4) Not Confer Special Privilege. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Ordinance, to other land, structures, or buildings in the same district.
(5) Absence of Detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not be contrary to the public interest (health, safety) or the intent and purpose of this Zoning Ordinance and other adopted plans.
(6) No Change in Use. That such variance may not be construed to mean a change of use but shall mean only a variation or modification from the strict provisions of this Zoning Ordinance.
(7) Not of General Nature. That the condition or situation of the subject property, or the intended use of the property, for which variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulations for such conditions or situation.
(8) Minimum Modification. That such variance, if granted, is the minimum modification that will make possible the reasonable use of the land, building or structure.
(9) That in no instance shall a variance be considered for the following reasons:
A. Presence of nonconformities in the zoning district.
B. Previous variances granted in the zoning district.
C. Uses in adjoining zoning districts.
D. The applicant's belief that the intended use would be permitted upon his or her purchase of the land.
E. Hardship being demonstrated beyond the context of zoning e.g., economics.
(e) Variations to Nonconforming Uses and Buildings.
(1) The Board of Zoning Appeals shall have no powers to authorize through a variance, the establishment of a nonconforming use of land or buildings.
(2) The substitution of a nonconforming use existing at the time of enactment of this Zoning Ordinance for another nonconforming use shall be allowed provided no structural alterations are made except those required by law or ordinance. See Chapter 1165 "Nonconforming Uses."
(3) The Board shall adhere to all regulations contained in Chapter 1165 "Nonconforming Uses," in acting upon all nonconforming uses and modifications thereto.
(f) Conditions Imposed by the Board. The Board of Zoning Appeals shall have the power to impose additional conditions and safeguards other than those stated in the Zoning Ordinance when granting variances. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance on surrounding property and the community as a whole. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1167.99 "Penalty."
(g) Lapses of Variances.
(1) A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of twelve (12) months, no construction has taken place in accordance with the terms and conditions for which such variance was granted. The Zoning Administrator shall give a notice in writing, and thirty (30) days thereafter the variance shall be deemed null and void and all regulations governing such premises in question shall revert to those in effect before the variance was granted.
(2) However, a variance may be renewed annually by the original applicant or any successor in interest including a conveyee if prior to the expiration of the thirty (30) day notice, he/she notifies the Board of Zoning Appeals in writing of his/her intention to continue the terms of the variance. There shall be no limitation on the number of annual renewals. The Zoning Administrator shall continue the notification procedure annually.
(Ord. 30-22. Passed 12-12-22.)
1163.03 PUBLIC HEARING BY THE BOARD FOR APPEALS AND VARIANCES.
(a) Schedule. The Board of Zoning Appeals shall hold a public hearing within thirty (30) days after the receipt of an application for an appeal or variance from the Zoning Administrator or an applicant.
(b) Notice of Public Hearing in Newspaper. Before holding the public hearing, notice of such hearing shall be placed in one (1) or more newspapers of general circulation in the Village at least ten (10) days before the date of such hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance in accordance with Section 1153.09 "Public Notification for Public Hearings."
(c) Notice to Parties of Interest. Before holding the public hearing, notice of such hearing shall be mailed, by first class mail, at least ten (10) days before the day of the hearing to the applicant and all owners of property within, contiguous to, and directly across the street from such area proposed for the appeal or variance to the address of such owners appearing on the County Auditor's current tax list. The notices shall contain the same information as required of notices published in newspapers as specified in this Zoning Ordinance.
(d) Board of Zoning Appeals Review and Decision.
(1) For Appeals. Within thirty (30) days or as soon thereafter as is reasonable, following the required public hearing, The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination of the administrative decision as in its opinion ought to be made. The decision shall state any conditions and safeguards necessary to protect the public interest.
(2) For Variances. Within thirty (30) days or as soon thereafter as is reasonable, following the required public hearing, the Board shall either approve, approve with supplementary conditions, or disapprove the request for a variance.
(3) The applicant shall be notified in writing of the decision of the Board.
(Ord. 30-22. Passed 12-12-22.)
1163.04 APPEAL OF BOARD OF ZONING APPEALS DECISIONS.
(a) It is the intent of this chapter that all questions of interpretation and enforcement shall first be presented to the Zoning Administrator, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Administrator, and that recourse from the decision of the Board of Zoning Appeals shall be to the courts as provided by Subsection 1163.04(d) below, and Ohio R.C. Chapter 713.
(b) It is further the intent of this chapter that the duties of the Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise; these being the powers of the Board of Zoning Appeals. Under this chapter, Council shall have only duties of considering, adopting, or rejecting proposed amendments or the repeal of all or part of the Zoning Ordinance, as provided by law and of establishing a schedule of fees and charges.
(c) If, in the course of carrying out the intent of this chapter and after review of all appeal cases brought before it, the Board of Zoning Appeals finds a series of similar irregularities or inequities, it shall be incumbent upon the Board of Zoning Appeals to inform Council and the Planning Commission of these inadequacies in order that the Zoning Ordinance or map may be appropriately amended.
(d) A person aggrieved by a decision of the Board of Zoning Appeals may appeal to the Court of Common Pleas.
(Ord. 30-22. Passed 12-12-22.)
1165.01 PURPOSE.
In the provisions established by this Zoning Ordinance, there exists lots, uses of land, structures and uses of structures, and land in combination which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance after adoption or amendment thereto. The purpose and intent of this chapter is to regulate the continued existence of those uses, structures, and lots that do not conform to the provisions of this Zoning Ordinance, or any future amendments.
(Ord. 30-22. Passed 12-12-22.)
1165.02 GENERAL PROVISIONS.
(a) Passage of this Zoning Ordinance in no way legalizes any illegal uses existing at the time of its adoption.
(b) The governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required yard of building setback below that required in the applicable zoning district shall not render a structure nonconforming.
(c) The change in ownership of a nonconforming building, structure, use or lot of record does not, in itself, require the nonconformity to be corrected.
(d) An applicant for any development review procedure that deals with a nonconformity shall bear the burden of proof in demonstrating that the use was a legal nonconformity on the effective date of this Zoning Ordinance.
(e) Any use, building, structure, land or premises that existed at the time of the effective date of this Zoning Ordinance that was legally established under a previous Zoning Ordinance amendment or versions may be continued even if such use, building, structure, or use of land does not conform to the provisions of this Zoning Ordinance.
(f) The requirements of this chapter shall not apply to a development standard or feature that is the subject of an approved variance, waiver, or modification of standards in a Cluster Subdivision or PUD. Where a variance, waiver, or modification has been granted for a development standard or feature that does not otherwise conform to the requirements of this Zoning Ordinance, that development standard or feature shall be deemed conforming.
(Ord. 30-22. Passed 12-12-22.)
1165.03 NONCONFORMING BUILDINGS.
(a) The lawful use of any building which does not conform to these regulations, whether by original adoption or by subsequent amendment, may be continued after such adoption or amendment, under the conditions specified in this section.
(b) The addition to enlargement or expansion of any such nonconforming building may be permitted provided such addition, enlargement or expansion complies with all height, area, parking, setback and other requirements of the district in which it is located.
(c) A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, may be restored and the same use and occupancy continued or resumed, provided that such restoration is started within a period of one (1) year and it is diligently pursued to completion. Any lot whose buildings are destroyed beyond ninety percent (90%) of their total value shall not be restored to its original use and the land used by such buildings shall thereafter be used in conformance with the district regulations.
(Ord. 30-22. Passed 12-12-22.)
1165.04 NONCONFORMING USE OF A BUILDING.
(a) The nonconforming use of a building may be changed to a use of the same or more restricted classifications but shall not thereafter be changed back to a less restrictive use.
(b) No such building shall be enlarged or expanded to increase the nonconforming use. No additional structures shall be constructed in connection with such nonconforming use, except as follows:
(1) The construction of a detached accessory structure related to a nonconforming residential use shall be permitted subject to complying with the accessory use lot coverage and setback regulations of the zoning district in which the nonconforming residential use is located.
(2) For nonconforming residential uses, non-habitable attached garages, porches and decks, although requiring a zoning permit and certificate of compliance, shall not be considered expansions of non-conforming uses. Such additions to nonconforming residential uses shall comply with the lot coverage and setback requirements of the zoning district in which the nonconforming residential use is located.
(c) A nonconforming use of the building, or portion thereof, which is discontinued for a period of two (2) years or more, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
(Ord. 30-22. Passed 12-12-22.)
1165.05 NONCONFORMING USE OF THE LAND.
(a) A nonconforming use of open land, where no primary building is involved may be continued from the effective date of this Zoning Ordinance or any subsequent amendment.
(b) A nonconforming use of the land shall not be expanded or extended into any other portion of the lot or adjoining property.
(c) A nonconforming use of the land or buildings may be changed to a use of the same or more restricted classifications but shall not thereafter be changed back to a less restrictive use.
(Ord. 30-22. Passed 12-12-22.)
1165.06 NONCONFORMING REGULATIONS.
Any conforming or nonconforming use, that does not conform to the regulations this Zoning Ordinance pertaining to yard requirements, lot requirements, off-street parking, height regulations and other regulations, shall be permitted to continue under such nonconforming condition; except that any enlargement, change of use or addition shall not cause the aggregate use to violate the provisions of this Zoning Ordinance beyond such existing nonconformance which exists at the time of adoption of this Zoning Ordinance or any subsequent amendment.
(Ord. 30-22. Passed 12-12-22.)
1165.07 EXISTING USE RECLASSIFIED AS A CONDITIONAL USE.
In the event an existing use that was permitted by right at the time the use was established is thereafter reclassified as a conditional use in the applicable district due to a zoning text amendment, such use shall be considered to be an approved conditional use without any further action. However, any subsequent change to such use shall require review and approval by the Board of Zoning Appeals in accordance with this chapter and Chapter 1161 "Conditional Use Review." Such use, provided it is conditionally permitted in the applicable district, shall not be considered a nonconforming use.
(Ord. 30-22. Passed 12-12-22.)
1165.08 NONCONFORMANCE AS TO LOT AREA, WIDTH AND DEPTH.
Any lot of record, existing at the time of adoption of this Zoning Ordinance, or any subsequent amendment, where the required lot area, width and depth do not meet the regulations of this Zoning Ordinance, may be occupied by any use permitted in the Zoning District in which the property is located; provided that yard, lot coverage and all other requirements are met; and provided that any contiguous land in common ownership be required to be used to meet the district lot area, width and depth requirements.
(Ord. 30-22. Passed 12-12-22.)
1165.09 NONCONFORMING SIGNS.
See Section 1141.11 "Nonconforming Signs" for the regulation of nonconforming signs.
(Ord. 30-22. Passed 12-12-22.)
1165.10 REPAIR AND MAINTENANCE.
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done for ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the footprint and height of the structure as it existed when it became nonconforming, shall not be increased unless in accordance with this chapter. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order by such official.
(Ord. 30-22. Passed 12-12-22.)
1167.01 ENFORCEMENT BY THE ZONING ADMINISTRATOR.
It shall be the duty of the Zoning Administrator to enforce this Zoning Ordinance. The Zoning Administrator is hereby authorized to enforce, issue orders to prevent and stop violations, and administer the provisions of this Zoning Ordinance. The Zoning Administrator may be assisted by other personnel.
(Ord. 30-22. Passed 12-12-22.)
1167.02 EXEMPTIONS.
(a) The Village shall meet the requirements of this Zoning Ordinance to the maximum extent possible.
(b) The Village and other government entities carrying out a governmental function, activity, or implementation of essential services may be exempt in whole or in part from this Zoning Ordinance to the extent permitted in state and federal law.
(c) Other governmental agencies that are exempt from the regulations of this Zoning Ordinance, in whole or in part, are encouraged to meet the requirements of this Ordinance to the maximum extent possible.
(Ord. 30-22. Passed 12-12-22.)
1167.03 PERMIT REVOCATION.
The Zoning Administrator may issue a revocation notice to revoke a permit, certificate, or administrative approval that was issued contrary to this Zoning Ordinance or based upon false information or misrepresentation in the application.
(Ord. 30-22. Passed 12-12-22.)
1167.04 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a complaint. Such complaints shall fully state the causes and basis of the complaint and shall be filed with the Zoning Administrator.
(Ord. 30-22. Passed 12-12-22.)
1167.05 NOTICE OF VIOLATION.
Upon finding a violation, the Zoning Administrator shall order, in writing, the owner, agent, occupant or operator of such building or premises to correct, within a stated reasonable time, all conditions that are found to be in violation of this Zoning Ordinance. After such a notice is served, no work, except to correct the violation or comply with the notice shall proceed on any building or premises included in the violation.
(Ord. 30-22. Passed 12-12-22.)
1167.99 PENALTY.
(a) General Penalties. Violation of the provisions of this Zoning Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in various provisions of this Zoning Ordinance) shall constitute a misdemeanor. Any person who violates this Zoning Ordinance or fails to comply with any of its requirements shall upon conviction be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, or both, 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. Nothing contained in this section shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violations.
(b) Civil Action. In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of law or of this Zoning Ordinance or any amendment thereto, Council, the Village Solicitor, the Village Zoning Administrator or any adjacent or neighboring property owner who would be especially damaged by such violation may in addition to other appropriate action, enter proceeding or proceedings to prevent, enjoin, abate or remove such violation in the appropriate court of law.
(c) Remedies Cumulative. The exercise of the rights and remedies granted in this section shall in no way preclude or limit the Village or any person from exercising any other right or remedy granted to them under the laws of Ohio.
(Ord. 30-22. Passed 12-12-22.)