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Grafton City Zoning Code

CHAPTER 1242

Administration and Enforcement; Penalty

1242.01 ZONING/BUILDING PERMITS REQUIRED.

   No building or structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a permit issued by the Responsible Authority. No zoning/building permit shall be issued for any project requiring obtaining such permit that does not conform with all provisions of this Zoning Code, unless the Board of Zoning and Building Appeals or Planning Commission have been given the authority to grant a variance through procedures that are provided by this Zoning Code.
(Ord. 01-014. Passed 7-17-01.)

1242.02 PERMIT APPLICATION; CONTENTS.

   The application for a zoning/building permit shall be signed by the owner or applicant attesting to tell the truth and to the exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire without notification to the applicant or permit holder and may be revoked if work has not begun within one year or been substantially completed within two years. At a minimum, the application shall contain the following information:
   (a)   Name, address, and phone number of applicant.
   (b)   Legal description of property.
   (c)   Existing use.
   (d)   Proposed use.
   (e)   Zoning district.
   (f)   Plans in triplicate, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings or structures on the lot, if any; and the location and dimensions of the proposed buildings or alterations.
   (g)   Existing and proposed building and structure heights.
   (h)   Number of existing and proposed off-street parking spaces or loading berths.
   (i)   Number of existing and proposed dwelling units.
   (j)   Such other matters as may be required or necessary to determine conformance with, and provide for the enforcement of this Zoning Code.
(Ord. 01-014. Passed 7-17-01.)

1242.03 PERMIT APPROVAL.

   Within ten days after the receipt of an application, the Responsible Authority shall either approve or disapprove the application in conformance with the provisions of this Zoning Code, and if the application is accompanied by the proper fee. One copy of the plan shall be returned to the applicant by the Responsible Authority, after he or she marks such copy either as approved or disapproved and attests to same by his/her signature on such copy. One copy of the plan, similarly marked, shall be retained by the Responsible Authority. The Responsible Authority shall issue a placard to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Zoning Code.
(Ord. 01-014. Passed 7-17-01.)

1242.04 PERMIT EXPIRATION.

   If the work described in any zoning/building permit has not begun within one year from the date of issuance thereof, the permit shall expire without notification to the applicant/permit holder and it shall be revoked by the Responsible Authority, and written notice thereof shall be given to the persons affected. If the work described in any zoning/building permit has not been substantially completed within two years of the date of issuance thereof, the permit shall expire and be revoked by the Responsible Authority, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new zoning/building permit has been obtained or an extension of not more than six months is granted by the Responsible Authority. If a permit is revoked, the owner is in violation of this Zoning Code and subject to penalty according to Section 1242.13.
(Ord. 01-014. Passed 7-17-01.)

1242.05 CERTIFICATE OF OCCUPANCY.

   No person shall use or occupy or permit the use or occupancy 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 a certificate of occupancy is issued therefore by the Responsible Authority, stating that the proposed use of the building or land conforms to the requirements of this Zoning Code.
(Ord. 01-014. Passed 7-17-01.)

1242.06 TEMPORARY CERTIFICATE OF OCCUPANCY.

   A temporary certificate of occupancy may be issued by the Responsible Authority for a period not to exceed six months during alterations or partial occupancy of a building pending its completion.
(Ord. 01-014. Passed 7-17-01.)

1242.07 RECORD OF CERTIFICATES OF OCCUPANCY.

   The Responsible Authority shall maintain a record of all certificates of occupancy and a copy shall be furnished upon request to any person.
(Ord. 01-014. Passed 7-17-01.)

1242.08 FAILURE TO OBTAIN A ZONING/BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY.

   Failure to obtain a zoning/building permit or zoning/building certificate of occupancy shall be a violation of this Zoning Code and is/shall be punishable under Section 1242.13.
(Ord. 01-014. Passed 7-17-01.)

1242.09 CONSTRUCTION AND USE TO BE AS AUTHORIZED.

   Zoning/building permits or certificates of occupancy issued on the basis of plans and applications approved by the Responsible Authority authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use or arrangement or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Zoning Code and shall be punishable as provided in Section 1242.13.
(Ord. 01-014. Passed 7-17-01.)

1242.10 COMPLAINTS REGARDING VIOLATIONS.

   Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the Responsible Authority. He or she shall properly record such complaint, immediately investigate, and take action thereon as provided by this Zoning Code.
(Ord. 01-014. Passed 7-17-01.)

1242.11 SCHEDULE OF FEES, CHARGES AND EXPENSES.

   Council shall, by resolution, establish a schedule of fees, charges, and expenses and a collection procedure for zoning/building permits, certificates of occupancy, appeals, and all other matters pertaining to the administration and enforcement of this Zoning Code. The schedule of fees shall be posted in the office of the Responsible Authority and Village Clerk-Treasurer, and may be altered or amended only through Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 01-014. Passed 7-17-01.)

1242.12 SUPPLEMENTATION, CHANGE OR REPEAL OF REGULATIONS.

   Whenever the public necessity, convenience, general welfare, or good zoning practices require, Council may by ordinance after receipt of written recommendation thereof from the Planning Commission, and subject to procedures as described by Chapter 1244, amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property.
(Ord. 01-014. Passed 7-17-01.)

1242.13 PENALTY.

   Whoever violates any provision of this Zoning Code or fails to comply with any of its requirements shall be fined not more than one hundred dollars ($100.00) or imprisoned for not more than 30 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violations.
   (a)   Civil Action. 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 this Zoning Code or any amendment thereto, Council, Law Director, the Responsible Authority, or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other appropriate action, enter proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.
   (b)   Remedies Cumulative. The exercise of the rights and remedies granted in this Zoning Code and the provisions of this section hall in no way preclude or limit the Village or any person from exercising any other right or remedy now or hereafter granted to them under the laws of the Village or the State of Ohio.
(Ord. 01-014. Passed 7-17-01.)