Findlay City Zoning Code
CHAPTER 1165
Administration
1165.01 ENFORCEMENT.
(a) Zoning Administrator. The provisions of this Ordinance shall be administered and enforced by the Zoning Administrator or a duly authorized agent of the Department as the Zoning Administrator may delegate to enforce the provisions of this Ordinance.
(b) Community-wide Enforcement. It shall also be the duty of all officials and employees of the City to assist the Zoning Administrator by reporting new construction, reconstruction, land uses, or possible violations.
(Ord. 2023-115. Passed 12-19-23.)
1165.02 ZONING PERMITS.
No Zoning Permit shall be issued for the erection, alteration, repair or use of any building or structure, or part thereof, or for the use of any land which is not in accordance with all provisions of this Ordinance.
(Ord. 2023-115. Passed 12-19-23.)
1165.03 PERMIT REQUIRED PRIOR TO PERFORMING WORK.
No building, structure, or land or part thereof, shall be hereafter erected, altered, moved, replaced, repaired, or have any changes of use unless a Zoning Permit shall have been first issued for such work. (Ord. 2023-115. Passed 12-19-23.)
1165.04 MAINTAINING RECORDS.
A record of all Zoning Permits, Certificates of Zoning Compliance, Site Plans, Variances and any/all other records referred to under this ordinance shall be kept on file in the Zoning Office. Copies shall be provided per the public records policy/procedures of the Zoning Office.
(Ord. 2023-115. Passed 12-19-23.)
1165.05 CONDITIONS UNDER WHICH ZONING PERMITS ARE REQUIRED.
A Zoning Permit shall be required for any of the following prior to the start of construction as defined:
(a) Start of Construction. For the purposes of this Ordinance, start of construction shall be defined as the introduction of any new building materials on site and placed in a position of support, either permanent or temporary, secured or unsecured.
Example 1: A property owner starts a fencing project in his rear yard. He digs the hole for the posts and has the posts delivered in the back yard. The start of construction begins when the first post is set into a hole. At this time a zoning permit is required. The rationale is that the position of the hole can be changed easily, but the posts cannot. The permitting process requires a plot plan so that the site can be reviewed by the Zoning Administrator for placement.
(b) Construction or Alteration. Construction or alteration of any building or structure, including accessory buildings or structures and temporary or permanent signs.
(c) Occupancy and Usage. Occupancy and use of vacant land involving alteration, excavation and construction, the platting and/or subdividing of land involving private or public roadways, and/or the installation of public utilities and drainage improvement thereon except agricultural field drainage.
(d) Any change in use.
(Ord. 2023-115. Passed 12-19-23.)
1165.06 ZONING PERMITS AND CERTIFICATES.
(a) Zoning and Compliance Certificates. Application for Zoning and Compliance Certificates shall be made in writing to the Zoning Administrator. Such Certificates shall be issued provided it is found that the buildings, structures, land and use thereof, comply with all provisions of this Ordinance.
(b) Zoning Permits. Applications for Zoning Permits shall be made to the Zoning Administrator in writing. Such Permits shall be issued within ten (10) working days after receipt of all required application materials, and provided it is found that the buildings, structures, land or parts thereof, or the use thereof, comply with all provisions of this Ordinance.
(c) Expiration. All Zoning and Compliance Permits shall expire at the end of one (1) year after issuance. Permits may be extended at the discretion of the Zoning Administrator due to seasonal constraints or unforeseen delays.
(d) Immunity. In no instance shall the Zoning Administrator or City of Findlay be liable or responsible for the placement of any building or structure contrary to the provisions of this ordinance. The City of Findlay is not subject to the provisions of this ordinance.
(Ord. 2023-115. Passed 12-19-23.)
1165.07 CERTIFICATE OF ZONING COMPLIANCE.
No building, structure, land or part thereof, which is hereafter erected, altered, or changed in use, shall be occupied or used unless and until a Certificate of Zoning Compliance shall have been issued for such building, structure or land. An Occupancy Certificate shall be required for any of the following:
(a) Construction/Alteration. Construction or alteration of any buildings or structures, including accessory buildings or structures.
(b) Change in Use. Change in the use of existing buildings, structures, or accessory buildings or structures, to a use or uses, of a different classification.
(c) Occupancy. Occupancy and use of vacant land.
(d) Land Use Change. Change in the use of land to a use of a different classification.
(e) Nonconformity. Any change in a nonconforming use.
(Ord. 2023-115. Passed 12-19-23.)
1165.08 FALSIFICATION.
No person shall knowingly make a false statement with regard to any matter in this Zoning Ordinance. Various applications, review requirements, and information made necessary are instruments of this Zoning Ordinance. As such, they are also covered by the Falsification policies located in Findlay Municipal Code Section 525.02 Falsification.
(Ord. 2023-115. Passed 12-19-23.)
1165.09 ACCESSORY STRUCTURES.
Buildings or structures accessory to any primary structure shall require separate Zoning Permits except when they are required as a condition for approving another request or review. Example- Fence required in rear yard for approval with pool.
(Ord. 2023-115. Passed 12-19-23.)
1165.10 ZONING ADMINISTRATOR.
A Zoning Administrator shall be appointed by the Mayor to enforce this Ordinance.
(Ord. 2023-115. Passed 12-19-23.)
1165.11 DUTIES OF ZONING ADMINISTRATOR.
(a) Powers and Duties. The Zoning Administrator shall have the power to grant Zoning Permits and issue Certificates of Zoning Compliance and to make inspections of buildings or premises necessary to carry out the duties in the enforcement of this Ordinance. It shall be unlawful for the Zoning Administrator to deny or approve any plans or issue any Certificates for any excavation, construction or use, buildings, structures, or land, until such plans and uses have been inspected. For approval, they shall conform with this Ordinance.
(b) Deviation from Ordinance. Under no circumstances is the Zoning Administrator permitted to make changes to this Ordinance, nor to vary the terms of this Ordinance in carrying out his/her duties as Zoning Administrator.
(c) Field Inspection. It shall be the duty of the Zoning Administrator to issue a permit, provided he/she is satisfied that the structure, building, or premises, and the use thereof, conforms with all requirements of this Ordinance.
(d) Extraneous Conditions. The Zoning Administrator shall not refuse to issue a permit when conditions imposed by this Ordinance are complied with by the applicant, despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said Permit.
(e) Good Standing Clause. Applications for any permit, review or other action as provided for in this Zoning Ordinance may be denied due to the parcel’s lack of good standing with the City of Findlay. Good standing means there are no pending citations, violations, delinquencies, or matters pending before the municipal court against the applicant. All city services and agencies are within the scope of the Good Standing Clause, including but not limited to Zoning, Engineering, Water & Utility Billing, Police Department, Neighborhood Enhancement & Abatement Team (NEAT), etc. The good standing clause only pertains to a single parcel and citations, violations, or delinquencies tied to it. The Zoning Administrator shall not refuse to issue a permit when issues are not related to the public, such as disputes stemming from interpretations of covenants or private agreements between land owners. Aggrieved parties may appeal to the Common Pleas Court. Appeals must be filed within thirty (30) days of the mailing of the City’s written notice of denial to the address accompanying the application/request hereunder. All appeals shall follow the procedures outlined in this Zoning Ordinance and the Ohio Revised Code.
(f) Violation of a Stop Work Order. Any person who continues work after a stop work order has been issued shall be subject to the penalties specified in Chapter 1199.
(Ord. 2023-115. Passed 12-19-23.)
1165.12 FALSE STATEMENTS.
No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement, previously made, when any of the following applies:
(a) Statement is made in any official proceeding.
(b) Statement is made with purpose to incriminate another.
(c) Statement is made with purpose to mislead a public official in performing the official’s public duties.
(d) The statement is in writing on or in connection with a report or return that is required or authorized by law.
(Ord. 2023-115. Passed 12-19-23.)