(a)   (1)   The purpose of this Chapter is to preserve and protect historic properties in the Village of Greenhills, and any subsequently designated local historic landmarks, historic district(s), contributing buildings, and historic sites. In order to preserve and protect the historic character of existing and future historic districts and/or local historic landmarks, the regulations of this Chapter are imposed in addition to other zoning regulations contained in the Zoning Code and thus comprise an overlay of additional regulations.

      (2)   The provisions of this Chapter shall control and supersede, wherever inconsistent with other existing provisions of the Zoning Code, all regulations of the underlying zone district. Otherwise, all existing provisions of the Zoning Code shall remain in full force and effect and shall govern all proposed land uses and development except as supplemented by this Chapter.

   (b)   The character of the Village is directly linked to the economic, social, historical, and cultural health and well-being of the community. This Chapter, therefore, establishes procedures to maintain the historic character of select local historic landmarks and/or districts within the Village and obtain the following objectives:

      (1)   To maintain and enhance the Greenhills Comprehensive Plan and safeguard the Village's attractions to prospective residents, businesses and visitors by preserving the distinctive character of historic local historic landmarks and/or districts.

      (2)   To safeguard the architectural integrity of the Village's local historic landmark buildings and allow for future addition of local historic landmarks and/or districts.

      (3)   To safeguard the heritage of the Village by preserving sites, buildings, objects, landscapes and works of art that reflect elements of the Village's cultural, social, economic, political or architectural heritage.

      (4)   To seek alternatives to demolition or incompatible alterations of local historic landmarks and/or districts within the Village before such acts are performed.

      (5)   To afford the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards.

      (6)   To encourage the use or appropriate development of vacant properties, as applicable, in accordance with the character of local historic landmarks and/or districts.

      (7)   To combat urban blight caused by neglect of aging buildings, sites and districts and their setting.

      (8)   To encourage investment in historic resources and strengthening of the Village's economy.

      (9)   To enhance the environmental and aesthetic quality of the Village.

      (10)   To stabilize and improve property values.

      (11)   To promote preservation and continued use of historic public buildings such as the Greenhills Community Building and Marquardt-Whallon House.

      (12)   To protect public health, safety, prosperity, and welfare.

   (c)   It is the further intent of this section to discourage the subdivision of lots in ways that would conflict with the historic patterns of development in historic district(s).

(Ord. 2013-04-CD. Passed 4-2-13.)

   The following definitions shall apply to this section of the Zoning Ordinance and are in addition to the definitions found in Chapter 1111 of the Zoning Code.

   (a)   Addition. Any act or process that changes one or more of the exterior architectural features of a building or structure and increases the floor area of the building or structure.

   (b)   Alteration. Any act or process that changes one or more of the exterior architectural features of a building or structure, including but not limited to the erection, construction, reconstruction, or removal of the building or structure. Alteration shall include change in design, material or exterior architectural feature.

   (c)   Applicant. Any owner, association, partnership, corporation, or agents thereof, who applies for a Certificate of Appropriateness in order to undertake any change on premises subject to the regulations of this section.

   (d)   Certificate of Appropriateness. A document issued by the Planning Commission, as prescribed by Section 1143.06(b), signifying that the proposed construction, reconstruction, alteration, demolition, or removal of a structure subject to the provisions of this section and within an historic district or the subdivision of a lot containing a local historic landmark building has been reviewed and found to be in compliance with these regulations.

   (e)   Change. Any alteration, demolition, removal, construction or reconstruction involving any property subject to the provisions of this section.

   (f)   Construction. The act of constructing an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.

   (g)   Contributing Building. Any building designated as such pursuant to Section 1143.05 which is at least 50 years old, has architectural or historical merit, generally contributes to the historical fabric of the Village, and is located in an historic district.

   (h)   Demolition. Any act or process that razes or destroys, in whole or in part, any building subject to the provisions of this section.

   (i)   Exterior Architectural Feature. A functional or decorative element of a building including, but not limited to doors, windows, shutters, cornices, chimneys, latticework, walls, roofs, eaves, or porches, gutters, downspouts, stair rails and similar features.

   (j)   Historic District. An area designated as such pursuant to Section 1143.05 so as to maintain the historic character and integrity of contributing buildings.

   (k)   Historic Property. Any property designated by the Village as historic pursuant to Section 1143.05, whether a local historic landmark, contributing building in a historic district, or historic site.

   (l)   Historic Site. A premises that contains something of archaeological or historical significance, may or may not include a contributing building, or be wholly within an historic district, and is designated by the procedures in Section 1143.05. An historic site may comprise one or more properties.

   (m)   Local Historic Landmark. Any building, structure, site or object that has been designated as a landmark pursuant to the provisions of Section 1143.05, that is worthy of preservation, restoration or rehabilitation because of its historic, architectural or archeological significance.

   (n)   Maintenance. Maintenance of a structure includes, but is not limited to, normal procedures to keep the structure in good condition. Maintenance includes cleaning, painting, patching, tuck-pointing, and replacement of a worn part with a new one of the same material and design. Ordinary maintenance is not considered an alteration unless it involves a change in design, material or exterior architectural feature, whether original or current, by a previous alteration.

   (o)   National Historic Landmark. A site, building, or object in private or public ownership, designated by the Secretary of the Interior to possess national significance in American history, architecture, archeology, or culture.

   (p)   Non-Contributing Building. A building that does not contribute to the distinctive character of an historic district. Typically constructed after most of the buildings in an historic district were built, Non-Contributing Buildings are usually of a different character than the contributing buildings due to their age and the difference in their scale, massing, material, and detailing. All buildings not identified as landmarks or contributing within an historic district are considered to be non-contributing buildings.

   (q)   Preservation. The act or process, including maintenance, of applying measures necessary to sustain the existing form, integrity and materials of a historic property.

   (r)   Reconstruction. The act or process of depicting by means of new construction, the form, features and detailing of a non-surviving site, landscape, building, structure, or a part thereof, for the purpose of replicating its appearance at a specific period of time and in its historic location.

   (s)   Rehabilitation. The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions and features which convey its historic, architectural, and cultural values.

   (t)   Restoration. The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.

   (u)   Removal. Any relocation of a historic building or structure from its original location to another premises.

   (v)   Site Improvements. Any improvements made to property other than a dwelling or principal building, including but not limited to signs, accessory buildings and walls, fences, paving and parking areas, landscaping and street fixtures such as gaslights, benches, street signs, fountains, and sidewalks.

      (Ord. 2013-04-CD. Passed 4-2-13.)

   The Planning Commission shall serve as the official Historic Preservation Commission for the Village unless a separate commission is appointed by the Village Council. The membership of the Commission and its responsibilities are outlined in Chapter 1151 of the Zoning Code and Section 6.02 of the Village Charter.

(Ord. 2013-04-CD. Passed 4-2-13.)

   The powers and duties of the Planning Commission relative to historic preservation are outlined in Chapter 1151 of the Zoning Code and Section 6.02 of the Village Charter.

(Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   General. Greenhills Village Council may, from time to time, designate specific properties as local historic landmarks, contributing buildings, historic sites, or portions of the Village as historic districts. In order to ensure that the intent of proposed designations are met during the review process, any local historic landmark, historic district, contributing building, or historic site for which an application has been received or proposed by the Village Council in accordance with subsection (b) hereof shall be considered temporarily adopted during the review process for up to a maximum of 180 days or until approved or rejected, whichever is earlier. Otherwise such designations shall occur after receiving recommendations from the Planning Commission and shall follow the procedures of subsections (c) and (d) hereof.

   (b)   Applications.

      (1)   Any application to designate a property as a local historic landmark, contributing building, or historic site, shall be initiated by the owner(s) of the property, the Planning Commission or by the Village Council.

      (2)   Any application to designate a portion of the Village as an historic district shall be initiated by 51% of the property owners of the proposed district or by the Village Council.

      (3)   Applications shall be submitted in writing on forms provided by the Municipal Manager created with assistance of the Planning Commission.

   (c)   Review of Application.

      (1)   Any application to designate a local historic landmark, historic district, contributing building or historic site shall be referred to the Planning Commission for review and recommendation. The Planning Commission shall complete and make its recommendations to the Village Council within 60 days after referral. Upon request by the Planning Commission, the Village Council may grant an extension of one additional 30-day period for review of the application. Should no recommendation be rendered by the Planning Commission within the aforesaid approved time frame, the application shall be considered approved and forwarded to Village Council.

      (2)   After the receipt of the Planning Commission's recommendation, or should no recommendation be rendered by the Planning Commission within the allotted time frame, the Village Council shall convene a Public Hearing within 60 days of receipt and shall notify property owners of the proposed local historic landmark, historic district, contributing building, or historic site by certified mail at least 30 days prior to holding the Public Hearing to consider such designation. All hearing(s) under this subsection (c)(2) shall be published at least 15 days in advance of such hearing, in a newspaper of general circulation in the Village.

   (d)   Decision of the Council. Within 30 days following such hearing, the Village Council shall take action on the designation by approving or disapproving the application.

   (e)   Criteria. To be considered for designation, a property must be fifty years old or older and retain integrity of its design and materials. In acting on such designation, the Village Council shall consider the recommendations of the Planning Commission, the Public Hearing and the following criteria of the property.

      (1)   Its character, interest or value as part of the development, heritage or cultural characteristics of the Village, the state or nation.

      (2)   Its association with a significant historic event.

      (3)   Its identification with a person who significantly contributed to the culture and development of the Village, state or nation.

      (4)   Its exemplification of the cultural, economic, social or historic heritage of the Village, state or nation.

      (5)   Its embodiment of distinguishing characteristics of a building type or architectural style.

      (6)   Its identification as the work of an architect or master builder whose work has influenced the development of the Village, state or nation.

      (7)   Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation.

      (8)   Its relationship to other distinctive areas which are eligible for preservation according to a plan based on an historic, cultural or architectural motif.

      (9)   Its unique location or singular physical characteristic representing an established and familiar visual feature of the Village.

      (10)   Its potential to yield information important to prehistory or history (archaeology).

   (f)   Zoning District Map. Upon the designation of a local historic landmark, historic district, contributing building or historic site by ordinance, the zoning district map of the Village shall be revised by the addition of an "H" to indicate the parcels containing the listed designation, and the Clerk of the Council shall send a certified copy of the ordinance by registered mail to the owner(s) of record.

   (g)   Limitations. The Village Council may designate local historic landmarks, historic districts, contributing buildings or historic sites without limitation as to number or period when designation proceeds from an application for the same.

   (h)   Lists. Any area, building, structure, premises, etc. that is designated as an local historic landmark, historic district, contributing building, or historic site shall be included on a list to be maintained by the Zoning Official.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)

   (a)   Limitations on Issuance of Building and Demolition Permits. No construction, reconstruction, addition, demolition or removal of any building or significant exterior architectural feature thereof to any listed local historic landmark, contributing building, or any other structure within an historic district shall be undertaken prior to obtaining a Certificate of Appropriateness from the Planning Commission and a Certificate of Zoning Compliance from the Zoning Official, if applicable. No Certificate of Zoning Compliance

shall be issued by the Zoning Official for the construction, addition, demolition or removal of a listed local historic landmark, contributing building or non-contributing building or historic site in or outside of an historic district, except in cases falling within the exclusion set forth in this section, unless the application for such permit is approved by the Planning Commission through the issuance of a Certificate of Appropriateness in the manner prescribed herein.

   (b)   Certificate of Appropriateness.

      (1)   Applicability.

         A.   When the owner of a listed local historic landmark, contributing building or non-contributing building or historic site intends to construct, reconstruct, alter or demolish any exterior architectural feature of such building or an accessory building exceeding 150 square feet in floor area located on the same lot as the local historic landmark, contributing or non-contributing building, unless said accessory building is designated as an historic site, or when the owner intends to subdivide the lot, they shall first apply for and secure a Certificate of Appropriateness. A Certificate of Appropriateness is required for any exterior change to the building or its property, as otherwise regulated by this section.

         B.   The application for a Certificate of Appropriateness shall be filed with the Zoning Official with such plans, specifications, and other materials as the Village requires, on such forms provided by that Department.

      (2)   Procedure.

         A.   Once an application for a Certificate of Appropriateness is filed with the Zoning Official, it shall be scheduled on the agenda of the next available meeting of the Planning Commission, except, however, that such application shall have a hearing within 45 days of the receipt of the completed application and necessary attachments by the Village. The Zoning Official shall notify the applicant and adjoining property owners of the hearing date. At the hearing, the Planning Commission shall approve the application or make suggestions to modify the application for approval at its next meeting.

         B.   Within 30 days after the hearing is closed, the Planning Commission shall file a report approving the Certificate of Appropriateness, approving the Certificate of Appropriateness with conditions, or denying the application and shall provide a copy of that report to the applicant.

         C.   If the application is not heard by the Planning Commission within 45 days or no report is filed within 30 days after the hearing, the Certificate of Appropriateness shall be considered approved by the Planning Commission.

         D.   An application shall be deemed filed only when it contains the plans, specifications, and other materials prescribed by the Village.

         E.   A denial of a Certificate of Appropriateness application may be appealed to Village Council according to the provisions of Section 1143.07.

      (3)   Standards and Guidelines for Reviewing Applications.

         A.   Standards. In considering an application for a Certificate of Appropriateness, the Planning Commission shall be guided by the following Standards, which are based on the Secretary of the Interior's Standards for Rehabilitation. These standards pertain to buildings of all occupancy and construction types, sizes and materials. They apply to permanent or temporary construction on the exterior as well as new, attached or adjacent construction. However, not all of the Standards will apply to each proposed project.

            1.   Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment or to use a property for its originally intended purpose.

            2.   The distinguishing original qualities or character of a property shall be retained and preserved. The removal or alteration of any historic material or distinctive architectural feature shall be avoided when possible.

            3.   All properties shall be recognized as products of their own time. Changes that have no historical basis and seek to create an earlier appearance, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

            4.   Changes that may have taken place over time are evidence of the history and development of a property. These changes may have acquired significance in their own right and such significance shall be recognized and respected.

            5.   Distinctive stylistic features or examples of skilled craftsmanship that characterize a property shall be treated with sensitivity.

            6.   Deteriorated architectural features shall be repaired rather than replaced wherever possible. If replacement is necessary, then the new feature should match the feature being replaced in composition, design, color, texture, and other visual qualities and, where possible, materials. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical, or pictorial evidence rather than conjectural designs or the availability of different architectural elements from other buildings or structures.

            7.   The surface cleaning of structures, if appropriate, shall be undertaken with the gentlest means possible. Sandblasting and other abrasive or high-pressure cleaning methods that will damage historic building materials shall not be used.

            8.   Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.

            9.   Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material and when such design is compatible with the size, scale, color, material and character of the property and its environment.

            10.   Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the historic property would be unimpaired.

         B.   Recommended Techniques, Treatments and Methods. Specific information on recommended techniques, treatments and methods may be found in Illustrated Guidelines for the Treatment of Historic Properties, Preservation Briefs and other technical publications published by the Technical Preservation Services Division of the National Park Service. These are available through the NPS website, www.cr.nps.gov/hps/tps or the Ohio Historic Preservation Office.

         C.   Supplemental Guidelines. The Planning Commission may supplement the Standards by issuing supplemental guidelines. These guidelines are meant to assure that any alteration of historic properties preserves and protects the historic character of those resources. These guidelines shall be submitted to the Village Council for review and approval prior to their becoming effective. Once approved, these guidelines shall be made available by the Village to interested parties in order to provide them guidance in designing work and submitting requests. Planning Commission shall review and update the supplemental guidelines during the first Planning Commission meeting of each year and then immediately submit same to the Village Council for approval.

   (c)   Demolition.

      (1)   The Planning Commission shall consider the following criteria in evaluating applications for demolition of a historic property.

         A.   Economic hardship. The owner can demonstrate to the satisfaction of the Planning Commission that preservation of the historic property will cause substantial economic hardship for the applicant, as defined in Section 1143.07.

         B.   Non-significant elements. The demolition request is for an inappropriate addition or a non-significant portion of a historic property and the demolition will not adversely affect those parts of the historic property that are significant as determined by the Planning Commission.

         C.   Non-contributing buildings. Non-contributing buildings may be demolished if the demolition will not adversely affect the character of the district. Any new construction on the cleared site will be subject to the applicable guidelines per Section 1143.06(b)(3).

      (2)   The Planning Commission's determination on a proposed demolition of a historic property shall be based upon a balance of the foregoing criteria with the burden upon the applicant to establish that he or she is entitled to a Certificate of Appropriateness. In making any such determination, the Commission shall be guided by the principle that the demolition of a historic property constitutes an irreplaceable loss. The reasoning of the Planning Commission in reaching any such decision and the results of its balancing of the foregoing criteria shall be clearly stated either in the minutes of the proceeding or in a separate written report.

      (3)   If an application for a Certificate of Appropriateness seeks approval of demolition of a historic property, the Planning Commission may delay determination of the application for a period of up to 180 days upon a finding that the historic property is of such importance that alternatives to demolition may be feasible and should be actively pursued by both the applicant and the Planning Commission.

         A.   In the event that action on an application is delayed as provided herein, the Planning Commission, or its designated committee, may take such steps as it deems necessary to preserve the structure in accordance with the purposes of this ordinance. Such steps may include but are not limited to, consultation with civic groups, public agencies and interested citizens, marketing plans, recommendation for acquisition of the property by public or private bodies or agencies and exploration of the possibility of moving the historic building or other significant features of the historic property.

         B.   Upon the imposition of a waiting period, the Planning Commission, or its designated committee, shall undertake meaningful and continuing discussions during the waiting period in order to find a means of preserving the historic property. The commission and the applicant shall investigate the feasibility of all means of preserving the historic property. During this period the commission and the applicant shall make every reasonable effort to find a feasible alternative to demolition for the historic property. If the Planning Commission finds that a feasible alternative to demolition exists, then the certificate of appropriateness for demolition shall be denied. The Planning Commission shall give written notice to the applicant when the Planning Commission believes that the structure may be saved if the applicant agrees to a longer waiting period.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12- 8-20.)

   (a)   If preservation of a historic property may result in substantial economic hardship, the applicant may submit evidence for consideration by the Planning Commission. Substantial economic hardship does not include an applicant's inability to maximize the return on his or her investment. Deterioration of a historic property due to neglect by its owner does not create the basis for a finding of substantial economic hardship.

   (b)   The Planning Commission shall consider the following criteria to determine the existence of substantial economic hardship:

      (1)   Denial of a certificate will result in a substantial reduction in the economic value of the property.

      (2)   Denial of a certificate will result in a substantial economic burden on the applicant because the applicant cannot reasonably maintain the property in its current form.

      (3)   No reasonable alternative exists consistent with the architectural standards and guidelines for the property.

      (4)   The owner has been unable to sell the property using best efforts.

   (c)   Documentation of Economic Hardship. To prove economic hardship the applicant shall submit sufficient information to enable the Planning Commission to make an accurate assessment of economic conditions affecting the application. In considering cases of economic hardship the Planning Commission may solicit expert testimony or request that the applicant submit any items it needs, including but not limited to the items below. The level of documentation may vary as appropriate to each case; however, the Planning Commission's assessment shall be based solely on the property's economic fundamentals and not the financial capacity of the owner.

      (1)   Alternative uses and the economic return they will earn in relation to the following:

         A.   Estimate of the cost of the proposed redevelopment, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the Planning Commission for changes necessary for the continued use of the property and the issuance of a Certificate of Appropriateness.

         B.   A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any buildings on the property and their suitability for rehabilitation including any existing evidence that deterioration has progressed to the extent that rehabilitation is not practical;

         C.   Estimated market value of the property in its current condition; after completion of the proposed redevelopment, alteration, demolition or removal; and after changes recommended by the Planning Commission for the renovation of the existing property for continued use;

         D.   Testimony from a third party architect, developer, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of existing buildings on the property taking into consideration any existing evidence that deterioration has progressed to the extent that rehabilitation is not practical.

      (2)   The current economic return on the property in relation to the following:

         A.   The amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the historic property was purchased;

         B.   If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;

         C.   Real estate taxes for the previous two years and assessed value of the property according to the most recent assessed valuation;

         D.   All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.

      (3)   The property is not able to be sold, considered in relation to any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents regarding:

         A.   Any real estate broker or firm engaged to sell or lease the property;

         B.   Reasonableness of the price or rent sought by the applicant;

         C.   Any advertisements placed for sale or rent of the property;

      (4)   Economic incentives and/or funding available to the applicant through federal, state, city or private programs.

         (Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   No owner of a historic property shall by action(s) or willful neglect, fail to provide sufficient and reasonable care, maintenance and upkeep to ensure the property's perpetuation and to prevent its destruction by deterioration or demolition by neglect. Deterioration of a historic property due to action(s) or willful neglect by its owner does not create the basis for a finding of substantial economic hardship. Factors demonstrating willful neglect include the following:

      (1)   Duration of ownership,

      (2)   Physical condition of the historic property,

      (3)   Deterioration or loss of significant architectural features,

      (4)   Official Village correspondence with the owner in regard to maintenance and record of citations as a public nuisance in accordance with Chapter 1323 of the Greenhills Building Code.

   (b)   If it is determined by the Planning Commission a historic property is threatened with willful neglect, the Board may take any of the following actions:

      (1)   The Planning Commission may request updates on maintenance activity of historic properties from the Zoning Official related to all applicable provisions of Chapter 1323 of the Greenhills Building Code.

      (2)   The Planning Commission may request the Zoning Official to notify, in writing, the property owner(s), of the Board's finding of unlawful neglect of the property. The notice shall specify the minimum items of repair or maintenance necessary to correct or prevent further deterioration or demolition from neglect as well as a reasonable time period in which to complete those items of repair or maintenance. This provision shall be in addition to all applicable provisions of Chapter 1323 of the Greenhills Building Code.

      (3)   The Planning Commission may, on its own initiative, file a petition with the Village council requesting that the Village proceed to take action against any owner, who, in the opinion of the Planning Commission, is in violation of this Zoning Code.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)

   The subdivision of any lot containing a historic property shall be accomplished in such a way as to preserve the historic patterns of development in the Village of Greenhills.

(Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   Within 30 days of any Planning Commission decision, any affected party may appeal the decision to the Village Council by filing notice thereof with the Clerk of the Council.

   (b)   The Village Council shall schedule a public hearing within 45 days of the date the appeal is received. At the public hearing, the Council shall hear all interested parties. Within 30 days of the public hearing, the Council shall pass a resolution confirming, rejecting, amending, or remanding the decision of the Planning Commission. The Clerk of Council shall notify the owner of any property involved of the Council action by regular first class mail. If remanded to the Planning Commission, the remand must be resolved or returned to the Village Council within 45 days of the remand. (Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   Any person violating the provisions of this chapter by failing to perform any act required by this section or by performing any act which is prohibited by this section shall be subject to the penalty provisions listed in Chapter 1155 of the Village of Greenhills Zoning Code, of which this chapter is a part. Every day on which a violation exists shall constitute a separate violation.

   (b)   In case any building or structure is erected, constructed, altered, added to or demolished in violation of this section, the Zoning Official the Planning Commission or any other person designated by the Village Council may institute appropriate action or proceeding to prevent such unlawful action. The imposition of any penalty hereunder shall not preclude the Village, the Planning Commission, a neighborhood or adjacent property owner or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this section and with administrative orders and determination made hereunder.

   (c)   Any person, who demolishes, either by action(s) or by willful neglect, alters or constructs a building or structure in violation of this section shall be required to restore with due diligence the building or structure and its site to its appearance prior to the violation. Any action to enforce the subsection may be brought by the Zoning Official, the Planning Commission or any other person designated by the Village Council. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

   (d)   The Planning Commission on its initiative may file a petition with the Zoning Official to take action against any owner which, in the opinion of the Planning Commission, is in violation of the subchapter.

   (e)   An applicant who demolishes, alters or constructs a building or structure in violation of this section shall also be deemed in violation of the Zoning Code of the Village of Greenhills. (Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)