Grantwood Village City Zoning Code

ARTICLE V

Administrative And Procedural

400.200 Enforcement

Violation Enforcement. In addition to other remedies provided by law, the Board of Trustees of the Village may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use of any building, structure, or land used, or intended to be used, in violation of this Chapter or any regulation made under the authority hereof; to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure, or land, or to prevent any illegal conduct, business, or use in or about such premises. It shall be the duty of the Building and Street Commissioner to enforce this Chapter, and he/she is empowered to cause any building, structure, place or premises to be inspected and examined, and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of this Chapter or regulations made pursuant thereto. Appeal from orders of the Chairman of the Board of Trustees and/or the Building & Street Commissioner may be made to the Board of Adjustment, as provided in Section 400.290.
Liability and Punishment for Violations. The owner or general agent of a structure or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire structure or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the structure or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part, or assists in any such violation or who maintains any structure or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00). (Vil. Ord. No. 557-02, 9-17-02)

400.210 Rezoning Or Change In The Boundaries Of Any Zoning District

The rezoning of any Zoning District or the boundaries of any District herein or heretofore or hereafter established may be amended, supplemented, changed, modified or repealed by:
1. The Board of Trustees, from time to time, on its own motion after at least fifteen (15) days’ public notice and hearings as provided by law, and thereafter submitting such a proposal to the Zoning Commission for its recommendation and report.
2. A written petition containing the valid signatures of at least ten percent (10%) of the Village property owners, submitted to the Board of Trustees, and after at least fifteen (15) days public notice and hearing as provided by law, the Board shall take action on the proposal, and if affirmative, shall thereafter submit such proposal to the Zoning Commission for its approval. The proposal, to be approved, shall receive the affirmative action of both the Board of Trustees and the Zoning Commission.
In the event, the Board approves and the Zoning Commission disapproves the proposal submitted, or if, within a reasonable period after changes have been approved by such action as provided above, there is a written protest against any such changes approved by the Board duly signed and acknowledged by the owners of thirty percent (30%) or more either of the area of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the District proposed to be changed, such change shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Trustees.
Deleted (Vil. Ord. No. 681.14, 8-19-14)

400.220 Non-Conforming Uses

Authorized. A non-conforming use is the lawful use of land existing at the time of the passage of this Zoning Code or any amendment thereof, although such use does not conform to the provisions hereof, and may be continued, but if such non-conforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this Chapter.
Existence and Change. A lawful non-conforming use of the structures existing prior to the date the Village first adopted a Zoning Code may be extended throughout the structure provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a structure may be changed to another non-conforming use of the same or more restricted classification.
Application to Changed Districts. The foregoing provisions shall also apply to non-conforming uses in Districts hereafter changed.
Restoration. Nothing in this Chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than seventy-five percent (75%) of its reasonable value by fire, explosion or other casualty or act of God or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.
Lapse. No land or structure or portion thereof used in whole or in part for a non-conforming use which remain idle or unused for a continuous period of one (1) year, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the District in which it is located, unless otherwise authorized by this Zoning Code.
Termination. The lawful non-conforming status of a lot, parcel, structure or structures, whether relating to use or site non-conformity, shall terminate upon the filing of a new plat for the division, subdivision or combination of such property, and the new plat and use of the land, structure or structures must conform to the requirements of the ordinances then in effect. (Vil. Ord. No. 557-02, 9-17-02)

Grantwood Village City Zoning Code

ARTICLE V

Administrative And Procedural

400.200 Enforcement

Violation Enforcement. In addition to other remedies provided by law, the Board of Trustees of the Village may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use of any building, structure, or land used, or intended to be used, in violation of this Chapter or any regulation made under the authority hereof; to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure, or land, or to prevent any illegal conduct, business, or use in or about such premises. It shall be the duty of the Building and Street Commissioner to enforce this Chapter, and he/she is empowered to cause any building, structure, place or premises to be inspected and examined, and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of this Chapter or regulations made pursuant thereto. Appeal from orders of the Chairman of the Board of Trustees and/or the Building & Street Commissioner may be made to the Board of Adjustment, as provided in Section 400.290.
Liability and Punishment for Violations. The owner or general agent of a structure or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire structure or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the structure or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part, or assists in any such violation or who maintains any structure or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00). (Vil. Ord. No. 557-02, 9-17-02)

400.210 Rezoning Or Change In The Boundaries Of Any Zoning District

The rezoning of any Zoning District or the boundaries of any District herein or heretofore or hereafter established may be amended, supplemented, changed, modified or repealed by:
1. The Board of Trustees, from time to time, on its own motion after at least fifteen (15) days’ public notice and hearings as provided by law, and thereafter submitting such a proposal to the Zoning Commission for its recommendation and report.
2. A written petition containing the valid signatures of at least ten percent (10%) of the Village property owners, submitted to the Board of Trustees, and after at least fifteen (15) days public notice and hearing as provided by law, the Board shall take action on the proposal, and if affirmative, shall thereafter submit such proposal to the Zoning Commission for its approval. The proposal, to be approved, shall receive the affirmative action of both the Board of Trustees and the Zoning Commission.
In the event, the Board approves and the Zoning Commission disapproves the proposal submitted, or if, within a reasonable period after changes have been approved by such action as provided above, there is a written protest against any such changes approved by the Board duly signed and acknowledged by the owners of thirty percent (30%) or more either of the area of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the District proposed to be changed, such change shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Trustees.
Deleted (Vil. Ord. No. 681.14, 8-19-14)

400.220 Non-Conforming Uses

Authorized. A non-conforming use is the lawful use of land existing at the time of the passage of this Zoning Code or any amendment thereof, although such use does not conform to the provisions hereof, and may be continued, but if such non-conforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this Chapter.
Existence and Change. A lawful non-conforming use of the structures existing prior to the date the Village first adopted a Zoning Code may be extended throughout the structure provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a structure may be changed to another non-conforming use of the same or more restricted classification.
Application to Changed Districts. The foregoing provisions shall also apply to non-conforming uses in Districts hereafter changed.
Restoration. Nothing in this Chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than seventy-five percent (75%) of its reasonable value by fire, explosion or other casualty or act of God or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.
Lapse. No land or structure or portion thereof used in whole or in part for a non-conforming use which remain idle or unused for a continuous period of one (1) year, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the District in which it is located, unless otherwise authorized by this Zoning Code.
Termination. The lawful non-conforming status of a lot, parcel, structure or structures, whether relating to use or site non-conformity, shall terminate upon the filing of a new plat for the division, subdivision or combination of such property, and the new plat and use of the land, structure or structures must conform to the requirements of the ordinances then in effect. (Vil. Ord. No. 557-02, 9-17-02)

Grantwood Village City Zoning Code

ARTICLE V

Administrative And Procedural

400.200 Enforcement

Violation Enforcement. In addition to other remedies provided by law, the Board of Trustees of the Village may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use of any building, structure, or land used, or intended to be used, in violation of this Chapter or any regulation made under the authority hereof; to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure, or land, or to prevent any illegal conduct, business, or use in or about such premises. It shall be the duty of the Building and Street Commissioner to enforce this Chapter, and he/she is empowered to cause any building, structure, place or premises to be inspected and examined, and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of this Chapter or regulations made pursuant thereto. Appeal from orders of the Chairman of the Board of Trustees and/or the Building & Street Commissioner may be made to the Board of Adjustment, as provided in Section 400.290.
Liability and Punishment for Violations. The owner or general agent of a structure or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire structure or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the structure or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part, or assists in any such violation or who maintains any structure or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00). (Vil. Ord. No. 557-02, 9-17-02)

400.210 Rezoning Or Change In The Boundaries Of Any Zoning District

The rezoning of any Zoning District or the boundaries of any District herein or heretofore or hereafter established may be amended, supplemented, changed, modified or repealed by:
1. The Board of Trustees, from time to time, on its own motion after at least fifteen (15) days’ public notice and hearings as provided by law, and thereafter submitting such a proposal to the Zoning Commission for its recommendation and report.
2. A written petition containing the valid signatures of at least ten percent (10%) of the Village property owners, submitted to the Board of Trustees, and after at least fifteen (15) days public notice and hearing as provided by law, the Board shall take action on the proposal, and if affirmative, shall thereafter submit such proposal to the Zoning Commission for its approval. The proposal, to be approved, shall receive the affirmative action of both the Board of Trustees and the Zoning Commission.
In the event, the Board approves and the Zoning Commission disapproves the proposal submitted, or if, within a reasonable period after changes have been approved by such action as provided above, there is a written protest against any such changes approved by the Board duly signed and acknowledged by the owners of thirty percent (30%) or more either of the area of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the District proposed to be changed, such change shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Trustees.
Deleted (Vil. Ord. No. 681.14, 8-19-14)

400.220 Non-Conforming Uses

Authorized. A non-conforming use is the lawful use of land existing at the time of the passage of this Zoning Code or any amendment thereof, although such use does not conform to the provisions hereof, and may be continued, but if such non-conforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this Chapter.
Existence and Change. A lawful non-conforming use of the structures existing prior to the date the Village first adopted a Zoning Code may be extended throughout the structure provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a structure may be changed to another non-conforming use of the same or more restricted classification.
Application to Changed Districts. The foregoing provisions shall also apply to non-conforming uses in Districts hereafter changed.
Restoration. Nothing in this Chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than seventy-five percent (75%) of its reasonable value by fire, explosion or other casualty or act of God or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.
Lapse. No land or structure or portion thereof used in whole or in part for a non-conforming use which remain idle or unused for a continuous period of one (1) year, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the District in which it is located, unless otherwise authorized by this Zoning Code.
Termination. The lawful non-conforming status of a lot, parcel, structure or structures, whether relating to use or site non-conformity, shall terminate upon the filing of a new plat for the division, subdivision or combination of such property, and the new plat and use of the land, structure or structures must conform to the requirements of the ordinances then in effect. (Vil. Ord. No. 557-02, 9-17-02)