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Gahanna City Zoning Code

CHAPTER 1121

Enforcement

Sections:


1121.01 - ENFORCEMENT.

(a)

The City's Designee shall enforce this Zoning Ordinance, including any applications, permits, or similar approvals associated with this Ordinance. It shall be the duty of all officials and employees of the City of Gahanna to assist the City's Designee by reporting to them any new construction, reconstruction, land uses, or apparent violations.

(b)

In case any structure 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 this chapter or any amendment or supplement thereto, the City's Designee, the legal representative of the municipality, or any party in interest who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, on any other appropriate action, actions, proceeding, or proceedings to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24; Ord. No. 0082-2024, § 1(Exh. A), 12-2-24)

1121.02 - FEES AND PERMITS.

(a)

Any person desiring to do or to cause to be done any work for any zoning item for which a fee is required by the Building and Zoning Fee Schedule set forth in Section 135.10 in Part One of these Codified Ordinances, shall obtain a permit with the City's Designee prior to commencement of such work.

(b)

Where work for which a zoning permit or approval is required by this Zoning Ordinance is started or proceeded with, prior to obtaining such permit or approval, the fees shall be doubled. However, the payment of such double fee shall not relieve any persons from fully complying with the requirements of these Codes in the execution of the work, nor from any other penalties prescribed.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

1121.03 - MAINTENANCE STANDARDS.

(a)

Building and Structures. All buildings and structures shall be maintained in a safe, clean, attractive, and sound structural condition at all times in compliance with all requirements of the City of Gahanna, Ohio Codified Ordinances.

(b)

Landscaping. The following shall apply to grounds and landscaping:

(1)

For all zoning districts, grounds and landscaped areas are to be maintained in a healthy condition free of excessive rubbish, overgrowth, and weeds. Lawns must be in a mowed condition during all seasons.

(2)

For all uses, except for one- or two-family dwellings, all plants and landscaped areas shall be maintained in a healthy condition. All dead plant material shall be replaced no later than the next planting season and shall be replaced in kind.

(c)

Signs. All signs, permanent or temporary, shall be maintained in a safe, clean and attractive, and sound structural condition at all times free from peeling or missing paint, burned out light bulbs, holes, or broken, cracked, bent, warped, rotted, discolored, sagging, worn, torn, rusted, defective, or missing material parts. If the face of the sign is removed, a blank opaque panel must be installed until such time that new graphics are approved and installed.

(d)

Fences. Fences shall be maintained in good condition, be structurally sound, safe, and attractively finished at all times. Any repairs or replacement ordered by the City shall be made within 30 days of the date of the order. Grounds between fences and property lines shall be maintained at all times. Any fence shall be designed, constructed and finished so the supporting members face the property of the owner of the fence. If a fence does not meet these standards, the owner of the property with the fence shall be subject to the penalty.

(e)

Off-Street Parking Areas. All off-street parking areas including spaces, driveways, aisles and circulation drives shall be graded and maintained so that water does not drain onto adjacent property. All such surfaced areas shall be kept in a proper state of repair and free of potholes, litter, glass, nails or other hazardous or dangerous materials.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24; Ord. No. 0082-2024, § 1(Exh. A), 12-2-24)

1121.04 - INSPECTION OF PROPERTY—RIGHT-OF-ENTRY.

(a)

The City's Designee responsible for enforcement or administration of this Zoning Ordinance may, upon the presentation of proper credentials to the occupant or owner, request permission to enter any premises or private property with reasonable cause or prior notification for the purpose of investigating and inspecting the premises or property to determine compliance with the standards of this Zoning Ordinance.

(b)

If admission or entry is refused, the City's Designee may petition a court of competent jurisdiction for an appropriate warrant or other authority to enter said property.

(c)

Failure to allow access for any inspection or reinspection associated with review of an application or permit may result in the denial, revocation, or voiding of the permit or approval, as applicable.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

1121.05 - CEASE AND DESIST ORDER.

The City's Designee may issue an order to cease work on any project on which there is an uncorrected violation of a provision of this Zoning Ordinance or of a permit or other form of authorization issued in compliance with this Zoning Ordinance. The City may also order work to be ceased in the event the activity is being conducted without having obtained a required permit or approval.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

1121.06 - VIOLATION.

(a)

Any use of land or structures found to be non-compliant with any provision of this Zoning Ordinance shall be declared a violation and a public nuisance.

(b)

Any condition attached to the granting of a permit, approval, or any other determination provided for in this Zoning Ordinance, shall be considered compliant.

(c)

Any person who violates any provision of this Zoning Ordinance shall be guilty of an unclassified misdemeanor and will receive a fine of up to $500.00 per offense. Each day during which a violation occurs shall constitute a separate offense. Nothing herein shall prevent the City from taking such other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24; Ord. No. 0083-2024, § 1(Exh. A), 12-2-24)

1121.07 - NUISANCE STANDARDS.

Any use of land or structure subject to the provisions of this Zoning Ordinance shall be located, arranged, and operated in accordance with the following nuisance standards so as not to interfere with the development and enjoyment of adjacent property.

(a)

Noise. Excessive noise or vibration shall be controlled in its emission so as not to be offensive nor to create a hazard for adjacent properties, except occasional blast or shock required in normal operation and produced in such manner as not to create a hazard.

(b)

Smoke. Excessive smoke shall be controlled in its emission so as to be less dark in shade than that designated as No. 2 on the Ringelmann Chart, except that an emission above such level shall be permitted for a period of three minutes or less during the operation of starting or cleaning a fire.

(c)

Dust. Excessive dust or particulate matter shall be so controlled so as not to be offensive nor to create a hazard for adjacent properties.

(d)

Odor or fumes. Excessive odor or noxious fumes shall be so controlled so as not to be offensive nor to create a hazard for adjacent properties.

(e)

Glare. Excessive glare or heat from processing, lighting, or other activity shall be screened so as not to be offensive nor to create a hazard for adjacent properties.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)