The administration and enforcement of this Zoning Code is hereby vested in the following offices of the City.

   (a)   Council.

   (b)   The Planning Commission.

   (c)   The Code Enforcement Officer .

   (d)   The Board of Zoning Appeals.

(Ord. 79-56. Passed 11-13-79.)

   (a)   Council, when it deems it necessary, may appoint a Board of Zoning Appeals. The Planning Commission shall act as the Board in accordance with this Zoning Code and the City Charter and all references to the Board shall be taken to mean the Commission until Council appoints the Board pursuant to Section 1268.05.

   (b)   Council is authorized to enact amendments to this Zoning Code following recommendation of the Commission and following the holding of a public hearing with public notice in a newspaper of general circulation in the City ten days prior to the hearing date. Amendment may be initiated by a resolution of intention by the Commission or Council or by a verified application of one or more of the owners or authorized representatives of the owners of property within the area proposed to be changed.

   (c)   Council shall favorably consider an application for a zoning text amendment, a change of zoning district on the Official Zoning District Map or a reclassification of property, only if the request for a change of zoning can be justified on one of the following grounds

      (1)   A manifest error in this Zoning Code;

      (2)   An accordance with, or more appropriate conformity to, the Englewood Comprehensive Land Use Plan and its relative priorities;

      (3)   A substantial change in area conditions; or

      (4)   A legitimate requirement for additional land area for the particular zoning district.

   In the case of a change to the Official Zoning District Map, Council shall not consider favorably any petition which would result in a total contiguous area (separated only by streets and excluding the area of streets) of less than the acreage minimums specified as the minimum size requirement for zoning districts in Section 1260.05.

(Ord. 79-56. Passed 11-13-79; Ord. 86-24. Passed 12-9-86.)

   (a)   The Planning Commission and its staff shall carry on a continuous review of the effectiveness and appropriateness of this Zoning Code and recommend such changes or amendments as it feels would be appropriate to update this Zoning Code.

   (b)   The Commission shall keep up to date the Official Zoning District Map and shall keep on permanent display in the Municipal Building a current copy of such Map.

   (c)   The Commission may recommend to Council that an application for a text amendment, change of zoning district, reclassification of property or other requested change be approved or denied for all or part of the property described in the application. Council may enact by ordinance such a partial granting of an application for a zoning text amendment change on the Official Zoning District Map. The Commission may recommend, and Council may enact by ordinance, a zoning district classification other than that requested in the application, provided that the recommendation or ordinances for a zoning district classification permit are essentially the same type used as that requested by the applicant.

(Ord. 79-56. Passed 11-13-79. )

   The Code Enforcement Officer shall administer and enforce this Zoning Code, including the following:

   (a)   Interpret the provisions of this Zoning Code (text and map). In interpreting and applying the provisions of this Zoning Code, the provisions shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare.

   (b)   Receive and process applications for zoning permits where new construction is to be carried out.

      (1)   Prior to the beginning of construction pertaining to the erection, construction, reconstruction, moving, alteration or addition to any building or structure, a zoning permit shall be secured from the Code Enforcement Officer by the owner or his or her agent. The zoning permit shall state that the proposed project, as shown by the plans and specifications filed with the Code Enforcement Officer, is in compliance with the provisions of this Zoning Code.

      (2)   Every application for a zoning permit shall be accompanied by plans in duplicate, drawn to scale in black line or blueprint, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size, elevation and height of any building or structure to be erected or altered; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate; when no buildings are involved, the location of the present use and the proposed use to be made of the lot; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Code.

      One copy of such plans shall be returned to the owner when such plans have been approved by the Code Enforcement Officer, together with such zoning permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

      (3)   Upon receipt of a zoning permit, such zoning permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. Before a zoning permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of such premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Zoning Code and such zoning permit shall be issued within ten days, provided the proposed activity is in accordance with this Zoning Code.

   (c)   Receive and process applications for certificates of occupancy where no new construction is to be carried out or where new construction has just been completed.

      (1)   Prior to the occupancy or use of a newly erected or constructed building or structure, or part thereof, and prerequisite to the continued occupancy of a newly altered, reconstructed, enlarged or relocated building or structure, or prerequisite to the continued occupancy of a reoccupied commercial building, a certificate of occupancy shall be secured from the Code Enforcement Officer by the owner or his or her agent. The certificate of occupancy shall state that the completed improvement, relocation or reoccupation has been inspected by the Code Enforcement Officer and has been found to be in compliance with this Zoning Code. In the case of existing buildings and structures, the need for a new certificate of occupancy shall exist whenever space is occupied that was not previously occupied, whenever the use made of a given space changes with reference to a major category of zoning activity listed by the Zoning Code or whenever nonresidential activity ceases and is later re-established.

      (2)   Upon written request from the owner or tenant, the Code Enforcement Officer shall issue a certificate of occupancy for any building or premises existing on the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979), certifying after inspection the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this Zoning Code.

      (3)   Prior to the reoccupation or re-use of any lot, building or structure in a previously established use, when such reoccupation or re-use is of a different character or type than that of the previously established use, a certificate of occupancy shall be secured from the Code Enforcement Officer by the owner or his or her agent. The certificate of occupancy shall state that the extent and kind of use proposed to be made of the lot, building or structure conforms to the provisions of this Zoning Code.

   (d)   Conduct inspections of buildings, structures and uses of land to determine compliance with this Zoning Code and, in the case of any violation, notify in writing the person or persons responsible, specifying the nature of the violation and ordering appropriate corrective action. No person shall refuse to grant the Code Enforcement Officer access, at reasonable hours pursuant to notice, for the purpose of inspecting any building, structure or use of land.

   (e)   Maintain in current status the Official Zoning District Map;

   (f)   Maintain permanent and current records required by this Zoning Code, including, but not limited to, zoning permits, certificates of occupancy and all official actions on administrative appeals, variances, special exceptions, conditional uses, text amendments, changes of zoning district boundaries and reclassifications of property; and

   (g)   Prepare and submit an annual report to Council on the administration of this Zoning Code, setting forth such statistical data and information as may be of interest and value in advancing and furthering the purpose of this Zoning Code.

(Ord. 79-56. Passed 11-13-79; Ord. 83-15. Passed 5-10-83.)

   (EDITOR'S NOTE: Section 3.10 of the City Charter, which provided for the appointment of a Board of Zoning Appeals, was repealed by the voters on November 4, 1980. The functions of the Board are now performed by the Administrative Board for Planning and Zoning Appeals, under authority of Section 3.09 of the City Charter, as amended on November 4, 1980. This Section 1268.05 has been amended to conform to new Section 3.09 of the City Charter.)

   (a)   Composition and Officers. Vacancies shall be filled for the unexpired term only. Members may be removed for cause by Council upon written charges and after a public hearing within thirty days after the filing of such charges.

   (b)   Meetings and Records. Meetings of the Board shall be held at the call of the President and at such other times as the Board may determine. Such President or, in his or her absence, the Vice-President, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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, testimony and official actions, all of which shall be filed in the office of the Clerk of Council and shall be a public record.

   (c)   Filing Procedure. Written application for a variance, conditional use permit or special exception shall be filed with the Code Enforcement Officer, who shall transmit the same, together with all the scale plot drawings, plans, specifications and other papers pertaining to the application, to the Board. Written application for an administrative appeal shall be made directly to the Board, as well as to the Code Enforcement Officer.

   (d)   General Powers.

      (1)   In exercising its powers, the Board shall act in strict accordance with State law and the provisions of this Zoning Code. The Board may reverse or affirm, wholly or in part, or may modify an administrative decision or zoning requirement, and to that end the Board shall have all powers of the Code Enforcement Officer and the Planning Commission from whom the appeal is taken. The Board may impose conditions regarding location, character or other features of the proposed lot or building. The Board shall not, however, permit any use which is not a permitted use in a particular zoning district. Appeals from the decision of the Board may be heard by a court of appropriate jurisdiction.

      (2)   The Board has the specific power to make decisions on appeals of administrative decisions, variances, special exceptions and conditional uses as outlined below in the following subsections.

      (3)   All applications made to the Board of variances, conditional use permits, special exceptions and administrative appeals shall be in writing and shall be filed with the Code Enforcement Officer at least fourteen days prior to the meeting at which they are to be heard. Each application shall refer to the specific provisions of this Zoning Code and shall set forth exactly a clear description of land involved, the interpretation that is claimed, the details of the variance proposed to be granted, the use for which a conditional use permit is sought, the reasons justifying the special exception and as the case may be.

      The Board shall decide all applications and appeals within sixty days after completion of the hearing. Such decision shall be binding upon the Code Enforcement Officer and/or the Planning Commission. The terms and conditions of the decision by the Board shall be incorporated into any zoning permit or certificate of occupancy whenever such is authorized by the Board.

      The presence of three members shall constitute a quorum. A concurring vote of three members of such Board shall be necessary to reverse an order, requirement, decision or determination of the Code Enforcement Officer or Commission to decide in favor of the applicant on any matter upon which it is required to pass by this Zoning Code or to grant a variance from the requirements of this Zoning Code. The Board shall act by resolution and a copy of each resolution duly adopted shall be filed in the office of the Clerk of Council.

      (4)   Every special exception, variance or conditional use permit allowed or granted by the Board shall expire and be of no force or effect after the expiration of twelve months from the date thereof, unless the beneficiary of such variance, conditional use permit or special exception has actually, within such period, put the subject property to the purpose for which such variance, conditional use permit or special variance has been granted or allowed.

   (e)   Specific Powers Relative to Administrative Errors (Administrative Appeal). The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Zoning Code. Any person claiming to be aggrieved by any order, requirement or decision made by the Code Enforcement Officer may appeal to the Board. Such appeal shall be taken within twenty days of the date of the decision by filing with the Code Enforcement Officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The Code Enforcement Officer shall transmit to the Board all of the papers constituting the record upon which the action appealed from is taken. Normally, such review by the Board is limited to alleged errors in interpretation of this Zoning Code.

      An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer from whom the appeal is taken certifies to the Board, after the notice of appeal is filed with him or her, that by reason of the facts stated in the application a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Code Enforcement Officer from whom the appeal is taken on due cause shown.

   (f)   Specific Powers Relative to Conditional Uses.

      (1)   Application for a conditional use permit shall be made by the property owner or agent thereof to the Board, on a form prescribed by the City at least fourteen days prior to the meeting. The application fee for a conditional use permit shall, except as hereinafter provided, be in such amount as is prescribed by resolution of Council. The application under this section shall be accompanied by maps and drawings necessary to demonstrate that conditions set forth herein will be fulfilled. The Board is authorized to issue a conditional use permit to permit conditional uses as indicated in Section 1266.01, provided that they meet all the conditions for approval specified in that section.

      (2)   The purpose of a conditional use permit is to allow a proper integration into the community of uses which may only be suitable in specific locations within certain zoning districts or only if such uses are designed or laid out in a particular manner on the site. A conditional use permit shall be required for all uses listed as conditional uses. in the district regulations and in Section 1266.01(a).

      (3)   In considering an application for a conditional use, the Board must make an affirmative finding that:

         A.   The proposed conditional use is to be located in a district where such use may be permitted.

         B.   The conditions for approval of a conditional use as set forth in Section 1266.01have been met.

         C.   The proposed conditional use, in addition, meets all the requirements specified for the zoning district in which it is located.

         In addition, the Board shall give due regard to the nature and condition of all adjacent uses and structures and, in issuing a conditional use permit, the Board may impose such requirements and conditions with respect to location, design, siting, maintenance and operation of the use, in addition to those expressly provided in Section 1266.01for the particular use, as may be necessary for the protection of adjacent properties and in the public interest. Before issuing a conditional use permit, the Board shall determine that the establishment, maintenance and operation of a proposed conditional use is generally consistent with the provisions of the Englewood Comprehensive Land Use Plan and will not be detrimental to the health, safety, peace, comfort or general welfare of persons or property in the City.

      (4)   If the nature of the conditional use is closely related to one of those listed in Section 1266.01(a), the applicant may apply for a conditional use permit for the conditional use which most closely relates to the primary use, provided that the requirements of all related uses are met.

An existing lawful use, which is listed herein as a conditional use and which is located in a district in which such conditional use may be permitted, shall be considered a conforming use.

Any expansion of such conditional use involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedure described in this section.

(Ord. 79-56. Passed 11-13-79.)

   (g)   Specific Powers Relative to Special Exceptions.

      (1)   Application for a special exception shall be made by the property owner or agent to the Board on a form prescribed by the City at least fourteen days prior to the meeting date. A special exception may be granted to allow the following situations:

         A.   To permit extension of a zoning district where its boundary line divides a lot held in single ownership on the effective date of this Zoning Code

(Ordinance 79-56, passed November 13, 1979);

         B.   To permit the erection and use of a building or the use of premises for public utility purposes;

         C.   To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of more than sixty percent of its reasonable value where the Board finds some compelling public necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly;

         D.   To permit the one-time enlargement of existing nonconforming buildings upon the same lot occupied by such building or upon an adjoining lot, provided that such lot was under the same ownership as the lot on which such nonconforming building existed at the time such buildings became nonconforming, and provided that such enlargement is necessary and incidental to the existing use of such building, and further provided that such enlargement conforms to the height, yard and area requirements of the zoning district in which it is located where such enlargements are not detrimental to present and potential surrounding uses and will be in harmony with the general purpose and intent of this Zoning Code and will not be injurious to the neighborhood or otherwise detrimental to the health, safety and general welfare of the residents of the City;

         E.   To vary parking and loading and unloading regulations whenever the character or use of the building is such as to make unnecessary the full provision of parking and loading and unloading facilities or when such regulations would impose an unreasonable hardship upon the use of the lot as contrasted with merely granting an advantage or a convenience;

         F.   To permit the substitution of one nonconforming use for another, where the Board finds evidence that the proposed use will be less detrimental to the neighborhood than the existing use and where there is substantial evidence that the structure to house the proposed substitution is ill-suited by architectural and physical design to either a permitted or conditional use in a given zoning district; and

         G.   To allow more than one principal structure on a single zoning lot if the provisions of Section 1260.03(h)(2) to (4) are met.

      (2)   Before any special exception shall be issued, the Board shall make written findings certifying compliance with the specific rules governing individual special exceptions and determine that satisfactory provision and arrangement have been made concerning the following, where applicable:

         A.   Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;

         B.   Off-street parking and loading areas where required, with particular attention to the items in subparagraph (2)A. hereof and the economic, noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district;

         C.   Refuse and service areas, with particular reference to the items in subparagraphs (2)A. and B. hereof;

         D.   Utilities, with reference to location, availability and compatibility;

         E.   Screening and buffering, with reference to type, dimensions and character;

         F.   Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;

         G.   Required yards, open space and other requirements of these Codified Ordinances, especially Chapter 1266.

         H.    General compatibility with adjacent property and other property in the district.

(Ord. 88-8. Passed 5-10-88.)

   (h)   Specific Powers Relative to Variances. The Board shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of this Zoning Code as will not be contrary to the public interest, but only in the case of peculiar conditions, involving irregular, abnormally narrow, shallow or steep lots or other unusual conditions, whereby strict and literal application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land or buildings involved. No variance from the strict application of any provision of this Zoning Code shall be granted by the Board, unless it finds that all of the following facts and conditions exist:

      (1)   Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to any other land, building or structure within the same zoning district.

      (2)   Literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the provisions of this Zoning Code.

      (3)   Special conditions and circumstances shall not result from the actions of the applicant.

      (4)   Granting the variance requested will provide the minimum necessary relief to alleviate the hardship.

      (5)   Granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

      (6)   The proposed variance will not constitute a change of zoning district, including a variation in use, on the Official Zoning District Map. In no case shall the Board approve a variance for a use which is not a permitted use in the zoning district in which the property, building or structure is located.

   No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of land, structures or buildings in other districts, shall be considered grounds for the issuance of a variance.

   Following disapproval by the Board of an application or request for a variance from the literal interpretation of this Zoning Code, no subsequent application requesting the same variance shall be filed by any applicant, whether he or she is the same person, firm or corporation, until the expiration of twelve months after the original or subsequent disapproval.

   The Board shall cause to be made a record of all its proceedings, setting forth its reasons for its decisions. Such record, immediately following the Board's decision, shall be filed in the offices of the Board and the Planning Commission and shall be open to public inspection.

   (i)   Appeals Procedure. Appeals from the Board in its decisions on administrative error, variances, conditional uses, special exceptions and related matters shall be to the Court of Common Pleas of the County, as provided by the statutes of the State.

(Ord. 79-56. Passed 11-13-79. )

   (a)   Defined. As used in this chapter, "public hearing" means a regularly scheduled hearing before the Board of Zoning Appeals at which the applicant, City representatives, other interested persons and the public in general are invited, by reason of publication of notice of public hearing pursuant to the provisions of subsection (b) hereof to make presentations in the matter under consideration.

   (b)   Notice of Hearing. A public hearing shall be held by the Board when it deems such public hearing necessary to the public interest. If the Board orders a public hearing on an application for a conditional use permit, special exception or variance, notice thereof shall be given by mailing notice to all owners of property as shown on the last adopted tax roll, within 200 feet adjacent to and abutting the parcel involved or across the public right of way therefrom, such mailing to be at least five days prior to the public hearing, or by publishing notice in a newspaper of general circulation printed and published in the City, not less than seven days prior to the public hearing. Notice may also be given by such other means as the Board deems appropriate. Failure of any person, other than the applicant, to receive notice of any public hearing shall in no way affect the validity of action taken.

(Ord. 79-56. Passed 11-13-79; Ord. 86-24. Passed 12-9-86.)

   (a)   In General. This Zoning Code text and map may be amended utilizing the procedures specified in this section. Whenever the public necessity, convenience and general welfare, the provisions of the Englewood Comprehensive Land Use Plan or good zoning practices require, Council may, by ordinance, after receipt of recommendation from the Planning Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and zoning district boundaries or reclassification of property.

   (b)   Initiation of Zoning Amendments. Amendments to this Zoning Code may be initiated in one of the following ways:

      (1)   By adoption of a motion by the Commission;

      (2)   By adoption of a resolution by Council; or

      (3)   By the filing of an application by at least one owner or lessee of property within the area proposed to be changed or affected by such amendment.

   (c)   Contents of Application. The application for amendment shall contain at least the following information:

      (1)   The name, address and phone number of the applicant;

      (2)   The proposed amendment to the text and/or a complete legal description of the property;

      (3)   The present and proposed zoning districts;

      (4)   A vicinity map at a scale approved by the Code Enforcement Officer showing property lines, streets, existing and proposed zoning and such other items as the Code Enforcement Officer may require;

      (5)   The present and proposed uses;

      (6)   A plat layout drawn to scale showing the actual shape and dimensions of the lots or parcels to be recorded and all lots and parcels within 200 feet thereof and showing the buildings, uses and zoning classifications therefor, marked "Exhibit A" and attached to each application;

      (7)   A list of all property owners within 200 feet, contiguous to, and directly across the street from, the parcels proposed to be rezoned and other persons who may have a substantial interest in the case;

      (8)   A statement on how the proposed amendment relates to the Englewood Comprehensive Land Use Plan; and

      (9)   Specific reasons justifying the application for amendment and indicating which paragraphs in Section 1268.02(c) apply to the application.

   (d)   Transmittal to Planning Commission. Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property, such resolution or application shall be transmitted to the Commission.

   (e)   Public Hearing by Planning Commission. The Commission may schedule a public hearing after the adoption of a motion, transmittal of a resolution from Council or filing of an application for a zoning amendment. Such hearing shall be not less than ten days from the date of the receipt of such motion, transmittal of such resolution or filing of such application.

   If the proposed amendment intends to rezone or restrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing may be mailed by the Commission by first class mail at least five days before the date of the hearing to all owners of property within 200 feet 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 or the Treasurer's mailing list and such other list or lists that may be specified by Council.

   (f)   Recommendation by Planning Commission. Within forty-five days after holding its public hearing, if held, or within seventy-five days after adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property, the Commission shall make a recommendation; it may 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 not be granted. The Commission shall certify its recommendation to Council.

   (g)   Public Hearing by Council. Upon receipt of the recommendation from the Commission, Council shall schedule a public hearing not more than sixty days following receipt of the recommendation from the Commission. Notice of this public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the City. Such notice shall be published at least ten days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

   (h)   Notice to Property Owners by Council. If the proposed amendment intends to rezone or redistrict ten or fewer 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 seven days before the day of the public hearing to all owners of property within 200 feet 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 or the Treasurer's mailing list and 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. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (g) hereof.

   (i)   Action by Council.Within sixty days after conducting its public hearing, Council shall either adopt or deny the recommendation of the Commission or adopt some modification thereof. In the event Council denies or modifies the recommendation of the Commission, it must do so by not less than the majority of the full membership of Council.

(Ord. 79-56. Passed 11-13-79 ; Ord. 86-24. Passed 12-9-86.)

   (a)   Intent. Within the districts established by this Zoning Code or amendments that may later be adopted, there exist buildings and structures, uses of land and structures and lots of record which were lawful before this Zoning Code was passed or amended (Ordinance 79-56, passed November 13, 1979), but which would be prohibited, regulated or restricted under the provisions of this Zoning Code or a future amendment. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival.

   Nonconforming uses are declared by this Zoning Code to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use or structure and land in combination shall not be extended or enlarged after passage of this Zoning Code (Ordinance 79-56, passed November 13, 1979) by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved. To avoid undue hardship, nothing in this Zoning Code shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this Zoning Code, (Ordinance 79-56, passed November 13, 1979) and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work is carried on diligently.

   (b)   Nonconforming Uses of Buildings and Structures or of Structures and Premises in Combination. If a lawful use involving individual structures with a replacement cost of one thousand dollars ($1, 000) or more, or of a structure and premises in combination, exists on the effective date of adoption or amendment of this Zoning Code (Ordinance 79-56, passed November 13, 1979) that would not be allowed in the district under the provisions of this Zoning Code, the lawful use may be continued so long as it remains lawful, subject to the following:

      (1)   A nonconforming use of a building or structure lawfully existing upon the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979) may be maintained and may be repaired. Any nonconforming building or structure may be altered to decrease its nonconformity.

      (2)   A structure nonconforming as to use, height, yard requirements or lot area shall not be added to or enlarged in any manner, unless such structure, including such addition or enlargement, is made to conform to the use, height, yard and area requirements of the zoning district in which it is located.

      (3)   Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zoning district and the nonconforming use may not thereafter be resumed.

      (4)   No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, unless every portion of such building or structure is made to conform to all the regulations of the zoning district in which it is located.

      (5)   Whenever a nonconforming use of a building or structure or part thereof has been discontinued for a period of twelve consecutive months (in a twenty-four month period), such use shall not, after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the zoning district.

      (6)   Any nonagricultural building or structure containing a nonconforming use, other than a one-family dwelling use, which is damaged by explosion, fire, flood, wind or other act of God to the extent of sixty percent or more of its replacement value immediately prior to damage, shall not be repaired or reconstructed except as provided in this Zoning Code. In the event that the Code Enforcement Officer's estimate of the extent of damage or replacement value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the applicant may appeal to the Board of Zoning Appeals.

      (7)   If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt, except in conformity with the regulations of the district in which it is located.

   (c)   Nonconforming Uses of Land (or Land with Minor Structures Only).Where, at the time of passage of this Zoning Code (Ordinance 79-56, passed November 13, 1979), lawful use of land exists which would not be permitted by the regulations imposed by this Zoning Code, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1, 000), the use may be continued so long as it remains otherwise lawful, provided that:

      (1)   No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied on the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979).

      (2)   If any such nonconforming use of land ceases for any reason for a period of more than ninety days in a twelve-month period, any subsequent use of such land shall conform to the requirements specified in this Zoning Code for the zoning district in which such land is located.

      (3)   No additional structure not conforming to the requirements of this Zoning Code shall be erected in connection with such nonconforming use of land.

   (d)    Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979), notwithstanding limitations imposed by other provisions of this Zoning Code. Each lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. A variance of yard requirements shall be obtained only through action of the Board.

   (e)    Contiguous Nonconforming Lots in Common Ownership. Where two or more contiguous nonconforming lots of record are in common ownership and are of such size to constitute at least one conforming zoning lot, such lots or portions thereof shall be so joined, developed and used for the purpose of forming an effective and conforming lot or lots. Such contiguous nonconforming lots in common ownership shall be considered as being maintained in common ownership after the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979) for zoning purposes.

   (f)    Conditionally Permitted Uses Are Not Nonconforming Uses. Any use of specific property which is permitted as a conditional use in a zoning district under the provisions of this Zoning Code shall not be classified a nonconforming use in such zoning district, but shall, without further action, be considered a conforming use on that particular zoning lot.

(Ord. 79-56. Passed 11-13-79.)

   (a)    No person owning or being in possession of land within the City shall:

      (1)    Permit trash, debris, litter or putrid substances to accumulate, be of a fugitive nature or otherwise cause annoyance to other properties during construction of any development or after completion;

      (2)    Allow to continue a structure, use or activity which is contrary to the provisions of this Zoning Code, Chapter 1280, Chapter 1222, Chapter 1224, the Building Code or any other provision of these Codified Ordinances relating to development, control and maintenance;

      (3)    Permit to continue the existence of an incomplete or damaged building, structure, fence, parking lot, landscape, sign, utility system, storm drainage facility or other required work pursuant to the Codes and chapters specified in paragraph (a)(2) hereof, or allow the same to remain in a state of disassembly, deterioration or disrepair.

   (b)   Upon information that land, or a building, structure, utility or other required improvement is being allowed to exist in violation of subsection (a) hereof, the Director of Service or his or her designee shall cause written notice of the nature of such violation to be served on the owner or other person having possession of such land. Thereupon, such item shall be brought into compliance with this section by the owner or other person in possession thereof and the violation specified in such notice shall be eliminated within the time specified by the Director in such notice. In determining the time allowed for correction of such violation, the Director shall allow a reasonable period necessary to permit correction and elimination of the violation, taking weather conditions into account and considering the actual time required for completion of the work.

   (c)   If the owner or other person in possession of such land fails to comply within the time allowed in the notice provided in subsection (b) hereof, Council, subject to appeal to a court of competent jurisdiction, shall cause the work required to eliminate the violations noted to be done at the expense of the City and the amount of money so expended shall be recovered from the owner as provided herein.

   (d)   The Director of Finance shall make a written return to the Montgomery County Auditor of the action of the City under subsections (b) and (c) hereof, with a statement of the costs incurred by the City, including amounts for materials, labor and equipment, and a proper description of the premises. Such amounts shall be entered upon the tax duplicate and be a lien upon such land from and after the date of entry, to be collected with other taxes and returned to the City with other items of the General Fund.

(Ord. 79-56. Passed 11-13-79.)

   (a)   Each written application for a zoning permit, certificate of occupancy, zoning text amendment, change of zoning district, administrative appeal, conditional use permit, variance or special exception shall be accompanied by filing fees which are to be determined by resolution of Council. These filing fees shall be forwarded by the Code Enforcement Officer, Council and the Board of Zoning Appeals to the Director of Finance and these moneys shall be utilized to help cover the expenses of the Code Enforcement Officer, the Planning Commission and the Board of Zoning Appeals.

(Ord. 79-56. Passed 11-13-79.)

   (b)   Pursuant to subsection (a) hereof, the following fees are hereby established:

      (1)   Fees for zoning permits. A schedule of fees to be paid the City with the filing of applications for zoning permits required by Section 1268.04(b)(1) is hereby adopted pursuant to division (a) of this section. Up to 80% of a specified zoning permit fee may be credited against single-parcel development review fees listed in Section 1242.05(b)(3) of the Subdivision Regulations.

   The words "building area," as used herein, mean the total horizontal area of each building and accessory building, including all stories or floors finished as usable area, basements, garages, carports, covered entrance platforms, covered porches, covered terraces, covered walks, elevated patios and covered steps. Measurements of building area shall be taken to the outside of the exterior walls or, as applicable, to the outside of carports, covered entrance platforms, covered porches, covered terraces, covered walks, elevated patios and covered steps.

         A.   For one-, two- and three-family dwellings and accessory structures greater than 200 square feet, to be newly erected, altered, reconstructed, enlarged or relocated, the fee for a zoning permit shall be the greater of thirty dollars ($30.00), or fifteen dollars ($15.00) per dwelling unit.

         B.   For four or more family dwellings to be newly erected, altered, reconstructed, enlarged or relocated, the fee for a zoning permit shall be twenty-five dollars ($25.00), plus four cents ($0.04) per square foot of (gross) building area.

         C.   For newly erected, altered, reconstructed, enlarged or relocated office, retail, commercial, office commercial, service and industrial uses or buildings, except at provided in paragraph (b)(1)D. hereof, the fee for a zoning permit shall be one hundred dollars ($100.00), plus four cents ($0.04) per square foot of (gross) building area, to a maximum total fee of fifteen hundred dollars ($1,500)

         D.   For newly erected, altered, reconstructed, enlarged or relocated automobile service stations, automobile sales (new and used), tire sales and services, and automobile service establishments, the fee for a zoning permit shall be one hundred dollars ($100.00), plus four cents ($0.04) per square foot of (gross) building area, to a maximum total fee of fifteen hundred dollars ($1,500).

         E.   For newly erected, altered, reconstructed, enlarged or relocated churches, schools, hospitals and other institutional uses, the fee for a zoning permit shall be one hundred dollars ($100.00), plus two cents ($0.02) per square foot of (gross) building area, to a maximum total fee of eight hundred dollars ($800.00).

         F.   For temporary sales the zoning permit fee shall be seventy-five dollars ($75.00) and for seasonal temporary sales, the zoning permit fee shall be fifty dollars ($50.00).

      (2)   Fees for certificates of occupancy. A schedule of fees to be paid to the City with the filing of applications for certificates of occupancy required by Section 1268.04(c) is hereby adopted pursuant to division (a) of this section. Fees specified for certificates of occupancy may be waived if (i) such certificate is not required by provisions in Section 1266.07 of the Zoning Code; (ii) a certificate of occupancy has been issued by Montgomery County and the property has been developed in strict accordance with a City-issued zoning permit.

         A.   The fee for one-, two- and three-family dwellings, for which a certificate of occupancy is needed prior to either sale or long-term lease, shall be the greater of either fifty dollars ($50.00) per principal structure, or twenty-five dollars ($25.00) per dwelling unit. For any subsequent inspection of a property which failed to meet zoning or property maintenance standards upon last inspection, the fee shall be the greater of twenty dollars ($20.00) per principal structure or twenty dollars ($20.00) per dwelling unit. For one-, two- and three-family dwellings and accessory structures greater than 200 square feet, the fee for a certificate of occupancy in conjunction with new or remodeled construction shall be the greater of twenty-five dollars ($25.00) per dwelling unit or ten dollars ($10.00) per structure.

         B.   The fee for four or more family dwellings, for which a certificate of occupancy is needed prior to either sale or long-term lease, shall be the greater of either one hundred dollars ($100.00) per principal structure or twenty-five dollars ($25.00) per dwelling unit. For four or more family dwellings, the fee for a certificate of occupancy in conjunction with new or remodeled construction shall be ten dollars ($10.00) per dwelling unit.

         C.   The fee for office, retail, commercial, office-commercial, service, industrial and institutional uses, for which a certificate of occupancy is needed prior to either sale or long-term lease, shall be one hundred dollars ($100.00). For office, retail, commercial, office commercial, service, industrial and institutional uses, the fee for a certificate of occupancy and zoning compliance in conjunction with new or remodeled construction shall be thirty dollars ($30.00).

      (3)   Fees for Zoning Code and Map amendments.A schedule of fees to be paid to the City with the filing of applications for amendment of this Zoning Code, in accordance with Section 1268.07 and pursuant to subsection (a) hereof, is hereby adopted as follows:

         A.   For applications for amendment of the text of this Zoning Code, the fee shall be two hundred fifty dollars ($250.00).

         B.   For applications for change of zone district boundaries, the fee shall be two hundred fifty dollars ($250.00).

      (4)   Fees for variances, conditional use permits and special exceptions. A schedule of fees to be paid to the City with the filing of applications for variances, conditional use permits and special exceptions, in accordance with Section 1268.05, is hereby adopted as follows:

         A.   For applications for variances, the fee shall be one hundred dollars ($100.00).

         B.   For applications for conditional use permits, the fee shall be one hundred dollars ($100.00).

         C.   For applications for special exceptions the fee shall be one hundred dollars ($100.00).

      (5)   Fees for administrative appeals. Every person filing a notice of appeal with the Administrative Board of Planning and Zoning Appeals, in accordance with Section 1268.05(e), shall deposit one hundred dollars ($100.00) with the City at the time such notice is given.

   If the Board decides that there was error in the order, requirement, decision or determination of the Code Enforcement Officer, as specified in the notice of appeal, the Director shall return the aforementioned deposit to the appellant and no fee shall be charged for the appeal. If, however, the Board's decision is to uphold the order, requirement, decision or determination of the Code Enforcement Officer, the Director shall pay into the Treasury the aforementioned deposit as the fee for the filing of the notice of appeal by the appellant.

      (6)   Other fees.  For consideration of minor development changes within any special zoning district listed under Chapter 1264, the fee shall be one hundred dollars ($100.00). For consideration of major changes within any special zoning district, the fee shall be two hundred dollars ($200.00).

(Res. 38-72. Passed 9-12-72; Ord. 83-1. Passed 1-11-83; Ord. 84-7. Passed 4-10-84; Res. 19-88. Passed 4-26-88; Ord. 91-19. Passed 11-26-91; Ord. 00-1. Passed 2-8-00; Ord. 01-16. Passed 6-26-01; Ord. 02-07. Passed 5-14-02; Ord. 05-5. Passed 3-8-05.)

   (a)   Violations.No person shall erect, construct, alter, repair or maintain any building, structure or sign, or use any land, in violation of any regulation imposed by the City. In the event of such a violation or an imminent threat thereof, the City or the owner of any contiguous or neighboring property who would be especially damaged by such violation, in addition to any other remedy provided by law, may institute a suit for injunction to prevent or terminate such violation.

   (b)   Legal Notices of Violation.Whenever the Code Enforcement Officer or his or her authorized agent determines that there has been a violation of any provision of this Zoning Code, the Subdivision Regulations or Chapter 1280, he or she shall give legal notice of such violation to the person responsible therefor and require compliance with this Zoning Code, the Subdivision Regulations and Chapter 1280, as appropriate. Such legal notice and requirement shall:

      (1)   Be put in writing on an appropriate form;

      (2)   Include a list of violations, refer to the Code section violated and specify remedial action which, if taken, will effect compliance with this Zoning Code, the Subdivision Regulations and Chapter 1280, as appropriate;

      (3)   Specify a reasonable time for performance of the remedial action and, when a zoning violation citation tag has been issued pursuant to subsection (c) hereof, include an appropriate penalty; and

      (4)   Be served upon the owner, occupant, operator, lessee, agent or other responsible party in person, provided, however, that such notice and requirement shall be deemed to be properly served upon such responsible party if a copy thereof is delivered to, posted upon, or sent by registered or certified mail to, the last known mailing address, residence or place of business of the responsible party.

   Any person failing to comply with a legal notice and requirement, as provided for in this subsection, is subject to the assessments set forth in subsection (e) hereof and the penalty set forth in Section 1268.99.

   (c)   ,Zoning Violation Citation Tags. The Code Enforcement Officer is hereby authorized and directed to provide zoning violation citation tags which shall be used for the purpose of giving due notice and summons to the person responsible for a violation, as stated in subsection (e) hereof.

      (1)   Such citation tags shall be put in writing on an appropriate form, state the nature of the violation, refer to the Code section violated and state the appropriate assessment or penalty therefor.

      (2)   Such person, when a citation tag is served upon him or her in accordance with subsection (b) hereof, shall appear at the place designated upon such tag and shall pay the assessment for the violation noted on the citation, pursuant to the assessment schedule in subsection (e) hereof.

      (3)   Upon payment of the assessment provided in subsection (e) hereof within the time limit provided therein, no further action shall be taken to prosecute the violation noted on the citation, provided that remedial action, if necessary, is taken pursuant to paragraphs (b)(2) and (b)(3) hereof.

      (4)   The citation tag shall be sufficient notice, summons and legal service thereof for the purpose specified therein, provided, however, that the use of such tag shall not prohibit the issuance of either additional citation tags or legal notices of violation if such violation is continued or repeated.

   (d)   Stop-Work Orders. Whenever it comes to the attention of the Code Enforcement Officer or his or her agent that work of any kind is being prosecuted contrary to this Zoning Code, he or she shall promptly issue a stop-work order to the owner of the premises involved, the agent of such owner or the person doing such work, and shall post at the site of the work a distinctive placard informing the public and all concerned that work at the site has been stopped by official order. Such order may be oral or written and shall, in any case, state the conditions under which the work may be resumed. Such order shall also direct the performance of such work as may be necessary to remove any violation of this Zoning Code.

      (1)   Upon receiving such order, the recipient thereof shall immediately cease such work and cause such work to be ceased by all other persons engaged therein. If the recipient disagrees therewith, he or she may request confirmation thereof in writing from the Code Enforcement Officer and may then appeal from such order as provided in Section 1268.05, but such appeal shall not be deemed to be authority to resume such work until such appeal has been heard and favorably acted upon.

      (2)   Whoever violates any such order or continues any such prohibited work after notice, oral or written, that such order has been issued, is subject to the assessments set forth in subsection (e) hereof and the penalty set forth in Section 1268.99, and the Code Enforcement Officer may proceed, as provided herein, in the event of such violation.

   (e)   Zoning Violation Citation Tag Assessments.

      (1)   When a zoning violation citation tag has been issued pursuant to subsection (c) hereof, the following amounts are hereby assessed upon the violator:

 

      (2)   If the assessment is paid within seventy-two hours after the date of issuance of the citation tag, assessments shall be reduced by ten percent. However, additional citations and assessments may apply, on a daily basis, if the violation is not terminated within twenty-four hours of a citation issuance.

      (3)   No person shall fail to pay the assessment within thirty days after the date of issuance of the citation tag.

(Ord. 80-27. Passed 6-10-80; Res. 19-88. Passed 4-26-88; Ord. 03-1. Passed 1-14-03.)

   Whoever violates or fails to comply with any of the provisions of this Zoning Code, after legal notification thereof, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which such violation or failure to comply is continued after notification thereof.

(Ord. 84-8. Passed 5-8-84.)