Fairport Harbor City Zoning Code
CHAPTER 1137
Administration and Enforcement
1137.01 ZONING INSPECTOR; ASSISTANT ZONING INSPECTOR; ZONING PERMIT; ISSUANCE AND FEE.
(a) The positions of Village Zoning Inspector and Assistant Zoning Inspector are hereby created. The Zoning Inspector and Assistant Zoning Inspector shall be appointed by the Mayor, with the approval of Council and shall receive compensation as Council shall provide. The duties are set forth and as adopted in Chapters 1111 through 1149 and Chapters 1305 through 1317 of the Codified Ordinances of Fairport Harbor, and all ordinances hereto or hereafter enacted by Council related to such subject matters and to perform such duties as are required under the Zoning Code of Fairport Harbor. The Zoning Inspector shall have under its supervision such clerks, administrative personnel and Assistant Zoning Inspectors as may be assigned to the Zoning Inspector by the Mayor and Council, who may be given such titles and duties to perform by the ordinances which the Zoning Inspector is obligated to administer. Records shall be kept of all applications for Zoning Permits and action taken thereon.
(b) Zoning Permit; Issuance and Fee.
(1) A Zoning Permit shall be required for any of the following:
A. Construction or addition of any building including accessory buildings.
B. Demolition of any structure over 400 square feet.
C. Change of the use of land to a use of a different classification.
D. Any change of a non-conforming use to a different use, conforming or non-conforming, or the expansion or extension of a non-conforming use.
E. Construction of, or addition to, a deck.
F. Placement of temporary structures.
G. For changing the use of any premises.
H. As otherwise required in this Zoning Code.
(2) No construction, alteration, occupancy, demolition of building, use or change of use, as specified in this section, shall take place until a Zoning Permit therefor shall have been issued by the Zoning Inspector.
(3) Written application for a Zoning Permit for the construction of a new building or structure, for the alteration of an existing building or structure, demolition of an existing building or structure or for changing the use of any premises, shall be made prior to the application for a building permit. Said Zoning Permit shall be issued within thirty (30) days and the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Code. The written application shall include fee, sketch drawing, and all other items required by this Code.
(4) Written application for a Zoning Permit for the use of vacant land, or for a change in the use of land or a building, or for a change in a non-conforming use, as herein provided, shall be made to the Zoning Inspector prior to the initiation of any work or action on said request. Said Zoning Permit shall be issued within thirty (30) days and the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Code.
(5) The Zoning Inspector shall issue a placard to be posted in a conspicuous place on the property in question attesting that the use, alteration, or construction is in conformance with the provisions of this Code.
(6) An applicant for a Zoning Permit shall file an Application for Zoning Permit, provided by the Village, setting forth the dimensions and type of construction of any proposed building, structure or sign, and the nature of the proposed use of the building, structure, sign or land. The Application shall be accompanied by and have as a part thereof a diagram showing the proposed location of said building, structure or sign and the location of adjacent buildings, structures, and roads, indicating setback distances and yards.
(7) The Zoning Inspector may refuse to issue a Zoning Permit in the event that the applicant fails to supply information reasonably required of him. A Zoning Permit shall be revocable, if among other things, the actual use, construction or alteration does not conform to the terms of the Application and the Permit granted thereon.
(8) Any zoning permit issued to an applicant as herein provided shall become null and void if the holder of such zoning permit shall not have commenced construction and/or reconstruction on or before one year from the date of the issuance of such zoning permit. In the event a holder of a zoning permit shall have commenced construction or reconstruction within one year of the date of issuance of the permit, the permit shall become void and no further construction or reconstruction shall be permitted in the event the construction and/or reconstruction provided for in the permit shall not have been substantially concluded on or before two years from the date of issuance.
(9) Each application for a Zoning Permit shall be accompanied by a fee in accordance with a fee schedule adopted by the Village and made a part of this Code. Construction trash receptacles and toilets and temporary trash receptacles and toilets are exempt from the fee.
(10) The Zoning Inspector shall forthwith deposit all fees received with the Village Clerk, who shall credit such fees to the credit of the General Revenue Fund of the Village. One-half of the fees shall be refunded if the Zoning Permit applied for shall be refused.
(11) Each application for a change of classification of land use shall be accompanied by a fee in accordance with a fee schedule adopted by the Village.
(12) Construction trash receptacles and portable toilets are considered temporary structures and require a zoning permit. They are limited to be on site for four months, but may be renewed two times. Also see Section 1129.12.
(13) Temporary Trash Receptacles and Portable Toilets are considered temporary structures and require a zoning permit. They are limited to be on site for two weeks and may not be renewed. Also see Section 1129.12.
(Ord. 2008-133. Passed 12-16-08.)
(Ord. 2008-133. Passed 12-16-08.)
(c) Zoning Fees.
(1) A fee of twenty-five dollars ($25.00) shall be paid per zoning permit unless otherwise specified by these ordinances.
(2) The following is the schedule of fees to be paid for the issuance of Zoning Permits and no Zoning Permits shall be issued by the Zoning Inspector unless and until the following fees are paid:
A. Residential Districts.
1. In residential districts, there shall be a one hundred dollar ($100.00) fee per Zoning Permit for each unit of living space. In a residential district, each unit shall consist of living space provided for a single family.
2. In residential districts, the fee for a Zoning Permit for construction of porches, decks, swimming pools and similar structures shall be at the rate of nine cents ($0.09) per square foot with a minimum fee of twenty-five dollars ($25.00).
3. In residential districts, the fee for a Zoning Permit or the construction of an addition to structures shall be at the rate of nine cents ($0.09) per square foot with a minimum fee of twenty-five dollars ($25.00).
4. In residential districts, the fee for a Zoning Permit for the demolition of a structure over 200 square feet shall be fifty dollars ($50.00).
B. Commercial and Industrial Districts.
1. In commercial and industrial districts, the fee shall be nine cents ($0.09) per square foot of usable space provided in the plan with minimum of fifty dollars ($50.00) for each application. The aforesaid fees shall not apply to internal changes in presently occupied single family and two family dwellings.
2. In Commercial and Industrial Districts, the fee for a Zoning Permit for construction of accessory structures, garages, porches, decks, and similar structures shall be at the rate of nine cents ($0.09) per square foot with a minimum fee of fifty dollars ($50.00).
(Ord. 2013-037. Passed 5-8-13.)
3. In Commercial and Industrial Districts, the fee for a Zoning Permit for the construction of an addition to an existing structure shall be at the rate of nine cents ($0.09) per square foot with a minimum fee of fifty dollars ($50.00). The fee for a Zoning Permit for the alteration of an existing structure or the change of a permitted use of an existing structure shall be a flat fee in the amount of twenty-five dollars ($25.00).
(Ord. 2015-036. Passed 6-16-15.)
4. In Commercial and Industrial districts, the fee for a Zoning Permit for the demolition of structure over 200 square feet shall be one hundred dollars ($100.00).
(Ord. 2013-037. Passed 5-8-13.)
(d) In the event a site plan review is required under Section 1125.08 prior to the issuance of a Zoning Permit by the Zoning Inspector, the Zoning Inspector shall collect a site plan fee from the applicant for the Zoning Permit in an amount sufficient to cover the cost of the site plan review. The amount of such fee shall be calculated as follows:
(1) Residential Unit: $100.00 per unit.
(2) Industrial/Commercial Unit: $400 per building.
These fees will be collected if a site plan review is required under Section 1125.08 and deposited before permit is considered. If review exceeds the funds submitted, the applicant will be required to provide an additional site plan fee not to exceed the original site plan fee.
(e) In the event an architectural review is required under Section 1125.09 prior to the issuance of a Zoning Permit by the Zoning Inspector, the Zoning Inspector shall collect an architectural review fee from the applicant for the Zoning Permit in an amount sufficient to cover the cost of the architectural review of the site plan. The amount of such fee shall be calculated as following:
(1) Residential Unit: $100.00 per unit.
(2) Industrial/Commercial Unit: $0.10 per square foot.
These fees will be collected if an architectural review is required under Section 1125.09 and deposited before permit is considered.
(Ord. 2008-133. Passed 12-16-08.)
1137.02 INTERPRETATION AS MINIMUM REQUIREMENTS.
In any interpretation and application, the provisions of the Zoning Ordinance shall be held to be the minimum requirements adopted.
(Ord. 2380. Passed 1-18-55.)
1137.03 EFFECTIVE DATE.
The Zoning Ordinance shall become effective on and after its passage and at the earliest period allowed by law.
(Ord. 2380. Passed 1-18-55.)
1137.04 NON-RESIDENT OWNERS OF REAL ESTATE.
(a) Any person (including individuals, corporations, partnerships, proprietorships or any entity capable of owning real estate) owning any interest in real estate (legal, equitable or otherwise), located in the Village and residing outside of the County of Lake, Ohio, shall designate a natural person resident of the County of Lake, Ohio, agent for such non-resident owner for the purpose of receiving any and all notices (formal and informal) of any violations of laws (local, state or federal) with relation to the construction, maintenance and operation of the real estate or business located thereon.
(b) The owner shall designate a natural. person of sound mind over the age of eighteen years as agent as above required and provide the agent's full name, address and telephone number, in writing, to the Zoning Inspector of the Village. It shall be the
further obligation of the owner to notify the Zoning Inspector in writing of any change in the name, address or telephone number of the agent designated.
(c) Upon application by a non-resident owner, the Village Administrator-may waive the requirements of designating a natural person who is a resident of Lake County, Ohio that are set forth in subsections (a) and (b) hereof, if the Village Administrator determines that sufficient contacts exist within the Fairport Harbor community that will allow the Village to successfully serve any notices that are required for violations of law that are referenced in subsection (a) hereof. If the Village Administrator waives the requirements of designating a natural person who is a resident of Lake County, Ohio, then the applicant shall supply in writing to the Village Administrator the name and address of a natural person who is authorized to receive notices from the Village of any violation of law. In the event that this.waiver is granted, notice to the non-resident owner shall be deemed complete if:
(1) The Village places any such notice in the mail by regular and certified mail to the person who has been so designated by the non-resident owner at the address that has been supplied by the non-resident owner; or
(2) The Zoning Inspector or his designee delivers a copy of any such notice to the non-resident owner; or
(3) The non-resident owners is served with any such notice by any other method authorized or required under the laws of this State.
(d) The Zoning Inspector is authorized and directed to secure compliance with the within requirements at any time a nonresident applicant seeks a permit for any purpose for property use in the Village and to seek out non-resident owners of real estate for compliance with the requirements herein,
(e) Failure of a non-resident owner to comply with the designation of resident agent requirements herein within thirty days of receipt of notice from the Zoning Inspector to comply
shall constitute a violation of the requirements of this section and shall constitute a misdemeanor punishable under Section 1137.99(b).
(Ord. 2011-021. Passed 5-3-11.)
1137.05 OCCUPANCY CERTIFICATE
(a) In any district it shall be unlawful to use or permit the use 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 an Occupancy Certificate shall have been issued therefor by the Zoning Inspector.
(b) An Occupancy Certificate shall be issued by the Zoning Inspector as hereinafter provided for after personal inspection and determination that the use of the structure and/or land conforms to the approved plans and use filed with the Zoning Inspector and upon which a Zoning Permit was issued. In addition thereto the Zoning Inspector shall obtain certification from the proper authorities that all inspections as to building requirements, sewer and utility connections, and safety requirements have been completed as required by the applicable codes.
(c) Occupancy Certificates issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto and no other use, arrangement, or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of this Zoning Ordinance and punishable as provided in Section 1137.99 of this Ordinance.
(d) Occupancy Certificates for marinas, commercial or industrial, shall be reviewed annually. The Zoning Inspector shall inspect for compliance with the code and adherence to the originally approved use and arrangement set forth in the approved plans, applications or amendments thereto and no other use. The Zoning Inspector shall obtain certification from the proper authorities that all inspections as to building requirements, sewer and utility connections, and safety requirements have been completed as required by the applicable codes.
(e) Failure to obtain an Occupancy Certificate shall be a violation of this Zoning Ordinance and is punishable under Section 1137.99 of the Codified Ordinances.
(Ord. 2008-133. Passed 12-16-08.)
1137.99 ENFORCEMENT AND PENALTY.
(a) No person shall construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of any regulation or any provision of the Zoning Ordinance, or any amendment thereto.
(b) Any person, firm or corporation violating the Zoning Ordinance, or any regulation, provision or amendment thereto, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00). Each and every day during which such illegal erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.
(c) 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 the Zoning Ordinance, or any amendment thereto, Council, the Solicitor, Zoning Inspector or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute mandamus, abatement or any other appropriate actions or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 2380. Passed 1-18-55.)