1262.01 ESTABLISHMENT OF DEPARTMENT OF PLANNING AND ZONING; PERSONNEL; FUNCTIONS.
(a) There is hereby established a Department of Planning and Zoning, whose personnel shall be under the direction of, appointed by and responsible to the City Manager and compensated as Council, by ordinance, may provide.
(b) The Department shall consist of such positions as the City Manager, with the consent of Council, deems necessary to perform the duties of the Department.
(c) The Department shall assist the Planning Commission, the Board of Zoning Appeals and the Architectural Review Board in the administration of this Zoning Code, the Exterior Property Maintenance Code, the Rental Housing Code and other Municipal codes, and shall perform other duties as designated by the City Manager.
(Ord. 2337. Passed 10-20-92.)
1262.02 ENFORCEMENT; RIGHT OF ENTRY; VIOLATIONS; ORDERS TO CORRECT.
This Zoning Code shall be administered and enforced by the Zoning Administrator. The Administrator or any authorized assistant thereof, upon proper identification, shall have the right to enter upon any land or into any building for the purpose of making an inspection or acquiring information to determine whether or not the property and the use thereof conform to the requirements of this Zoning Code.
If the Administrator shall find that any of the provisions of this Zoning Code are being violated, he or she shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Administrator shall order the discontinuance of illegal uses of land, buildings or structures; the removal of illegal buildings or structures or of illegal additions, alterations or structural changes; or the discontinuance of any illegal work being done; or shall take any other action authorized by this Zoning Code to ensure compliance with or to prevent violation of its provisions.
(Ord. 2337. Passed 10-20-92.)
1262.03 ZONING PERMITS.
No building or structure shall be erected, constructed, altered, moved, converted, extended, remodeled, repaired or enlarged, and no use shall be established, without a zoning permit having first been issued therefor by the Administrator, except in conformity with the provisions of this Zoning Code.
Applications for zoning permits shall be made to the Administrator on forms provided. Each application shall be accompanied by a plot plan drawn to scale showing the size and shape of the parcel of land, the location of structures or uses with respect to the property lines and to the right-of-way of any street or highway, the proposed grading plan and any other information which the Administrator may deem necessary for consideration of the application.
For purposes of this section, fences, signs, pools, satellite dishes and similar objects shall be deemed to be structures.
(Ord. 2536. Passed 2-24-97.)
1262.04 CERTIFICATES OF OCCUPANCY.
(a) Land used or occupied, and buildings erected or structurally altered, shall be used or changed in use only after a certificate of occupancy has been issued therefor by the Administrator. Such certificate shall state that the building and proposed use comply with the building laws and the provisions of this Zoning Code.
(b) Application for an occupancy permit shall be made to the Administrator on forms provided. Upon determination that all provisions of the Building Code, this Zoning Code, and such other ordinances as may apply have been complied with, an occupancy permit shall be issued and the deposit returned. Where circumstances warrant it, temporary occupancy permits may be authorized by the Administrator for a specified period, not to exceed six months, during which period any remaining work shall be completed.
(Ord. 2337. Passed 10-20-92.)
1262.05 FEE SCHEDULE.
The following shall be the fee schedule for zoning permits:
(a) When any structure is erected, relocated or altered prior to obtaining a zoning permit (and/or displayed, in the case of a sign), the required fees shall be doubled, but the payment of a double fee shall not relieve any person from complying with the provisions of this Zoning Code or from other penalties prescribed by law.
(b) A fee of one dollar ($1.00) per one thousand dollars ($1,000), or part thereof, of expenditures set forth in an application for a zoning permit, as required by Section 1262.03, shall be charged to said applicant, provided that said fee shall not be less than thirty dollars ($30.00).
(c) The fee for a certificate of occupancy shall be twenty-five dollars ($25.00).
(d) The fee for the rezoning of property shall be two hundred and fifty dollars ($250.00), plus any expenses for legal, engineering and/or land use planning services.
(e) The fee for a conditional use permit shall be one hundred dollars ($100.00), plus any expenses for legal, engineering and/or land use planning services.
(f) A zoning permit is not required for remodeling, repairing or altering the interior of a residence building as long as the use and/or external dimensions of the building are not changed.
(g) A "no fee" permit shall be issued to reconstruct any building damaged by fire, explosion, an act of God or an act of vandalism, provided that such reconstruction is only to the same size and extent that previously existed.
(h) No zoning permit issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful use and/or structure, nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful use and/or structure.
(i) All fees shall be paid in cash or by a check made payable to the City.
(Ord. 2536. Passed 2-24-97.)
1262.06 VIOLATIONS; EQUITABLE REMEDIES.
(a) Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint with the Administrator, such complaint stating fully the causes and basis thereof. The Administrator shall record such complaint, immediately investigate and take action thereon as provided by this Zoning Code.
(b) Upon becoming aware of a violation of any provision of this Zoning Code, the Administrator shall serve notice of such violation on the person committing or permitting the same, and if such violation has not ceased within a reasonable time, as specified by the Administrator in such notice, he or she shall institute such action as may be necessary to terminate the violation.
(c) Any building erected contrary to any of the provisions of this Zoning Code, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this Zoning Code, shall be and the same is hereby declared to be unlawful. The Administrator may initiate an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such violations.
(d) The remedies provided for in this section and in Section 1262.99 are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(Ord. 2337. Passed 10-20-92.)
1262.99 PENALTY.
Whoever violates any of the provisions of this Zoning Code, or fails to comply therewith, including conditions established pursuant to various sections herein, and including the erection of any building or the use of any building or land in violation of any detailed statement or plan submitted and approved hereunder, 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 a violation occurs or continues.
(Ord. 2337. Passed 10-20-92.)
Geneva City City Zoning Code
CHAPTER 1262
Administration, Enforcement and Penalty
1262.01 ESTABLISHMENT OF DEPARTMENT OF PLANNING AND ZONING; PERSONNEL; FUNCTIONS.
(a) There is hereby established a Department of Planning and Zoning, whose personnel shall be under the direction of, appointed by and responsible to the City Manager and compensated as Council, by ordinance, may provide.
(b) The Department shall consist of such positions as the City Manager, with the consent of Council, deems necessary to perform the duties of the Department.
(c) The Department shall assist the Planning Commission, the Board of Zoning Appeals and the Architectural Review Board in the administration of this Zoning Code, the Exterior Property Maintenance Code, the Rental Housing Code and other Municipal codes, and shall perform other duties as designated by the City Manager.
(Ord. 2337. Passed 10-20-92.)
1262.02 ENFORCEMENT; RIGHT OF ENTRY; VIOLATIONS; ORDERS TO CORRECT.
This Zoning Code shall be administered and enforced by the Zoning Administrator. The Administrator or any authorized assistant thereof, upon proper identification, shall have the right to enter upon any land or into any building for the purpose of making an inspection or acquiring information to determine whether or not the property and the use thereof conform to the requirements of this Zoning Code.
If the Administrator shall find that any of the provisions of this Zoning Code are being violated, he or she shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Administrator shall order the discontinuance of illegal uses of land, buildings or structures; the removal of illegal buildings or structures or of illegal additions, alterations or structural changes; or the discontinuance of any illegal work being done; or shall take any other action authorized by this Zoning Code to ensure compliance with or to prevent violation of its provisions.
(Ord. 2337. Passed 10-20-92.)
1262.03 ZONING PERMITS.
No building or structure shall be erected, constructed, altered, moved, converted, extended, remodeled, repaired or enlarged, and no use shall be established, without a zoning permit having first been issued therefor by the Administrator, except in conformity with the provisions of this Zoning Code.
Applications for zoning permits shall be made to the Administrator on forms provided. Each application shall be accompanied by a plot plan drawn to scale showing the size and shape of the parcel of land, the location of structures or uses with respect to the property lines and to the right-of-way of any street or highway, the proposed grading plan and any other information which the Administrator may deem necessary for consideration of the application.
For purposes of this section, fences, signs, pools, satellite dishes and similar objects shall be deemed to be structures.
(Ord. 2536. Passed 2-24-97.)
1262.04 CERTIFICATES OF OCCUPANCY.
(a) Land used or occupied, and buildings erected or structurally altered, shall be used or changed in use only after a certificate of occupancy has been issued therefor by the Administrator. Such certificate shall state that the building and proposed use comply with the building laws and the provisions of this Zoning Code.
(b) Application for an occupancy permit shall be made to the Administrator on forms provided. Upon determination that all provisions of the Building Code, this Zoning Code, and such other ordinances as may apply have been complied with, an occupancy permit shall be issued and the deposit returned. Where circumstances warrant it, temporary occupancy permits may be authorized by the Administrator for a specified period, not to exceed six months, during which period any remaining work shall be completed.
(Ord. 2337. Passed 10-20-92.)
1262.05 FEE SCHEDULE.
The following shall be the fee schedule for zoning permits:
(a) When any structure is erected, relocated or altered prior to obtaining a zoning permit (and/or displayed, in the case of a sign), the required fees shall be doubled, but the payment of a double fee shall not relieve any person from complying with the provisions of this Zoning Code or from other penalties prescribed by law.
(b) A fee of one dollar ($1.00) per one thousand dollars ($1,000), or part thereof, of expenditures set forth in an application for a zoning permit, as required by Section 1262.03, shall be charged to said applicant, provided that said fee shall not be less than thirty dollars ($30.00).
(c) The fee for a certificate of occupancy shall be twenty-five dollars ($25.00).
(d) The fee for the rezoning of property shall be two hundred and fifty dollars ($250.00), plus any expenses for legal, engineering and/or land use planning services.
(e) The fee for a conditional use permit shall be one hundred dollars ($100.00), plus any expenses for legal, engineering and/or land use planning services.
(f) A zoning permit is not required for remodeling, repairing or altering the interior of a residence building as long as the use and/or external dimensions of the building are not changed.
(g) A "no fee" permit shall be issued to reconstruct any building damaged by fire, explosion, an act of God or an act of vandalism, provided that such reconstruction is only to the same size and extent that previously existed.
(h) No zoning permit issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful use and/or structure, nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful use and/or structure.
(i) All fees shall be paid in cash or by a check made payable to the City.
(Ord. 2536. Passed 2-24-97.)
1262.06 VIOLATIONS; EQUITABLE REMEDIES.
(a) Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint with the Administrator, such complaint stating fully the causes and basis thereof. The Administrator shall record such complaint, immediately investigate and take action thereon as provided by this Zoning Code.
(b) Upon becoming aware of a violation of any provision of this Zoning Code, the Administrator shall serve notice of such violation on the person committing or permitting the same, and if such violation has not ceased within a reasonable time, as specified by the Administrator in such notice, he or she shall institute such action as may be necessary to terminate the violation.
(c) Any building erected contrary to any of the provisions of this Zoning Code, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this Zoning Code, shall be and the same is hereby declared to be unlawful. The Administrator may initiate an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such violations.
(d) The remedies provided for in this section and in Section 1262.99 are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(Ord. 2337. Passed 10-20-92.)
1262.99 PENALTY.
Whoever violates any of the provisions of this Zoning Code, or fails to comply therewith, including conditions established pursuant to various sections herein, and including the erection of any building or the use of any building or land in violation of any detailed statement or plan submitted and approved hereunder, 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 a violation occurs or continues.