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Jackson Township Preble County
City Zoning Code

ARTICLE V

ENFORCEMENT

§ 501 ZONING PERMITS REQUIRED.

   No building or other 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 therefor, issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this code unless the Zoning Inspector receives a resolution order from the Board of Zoning Appeals deciding an appeal, conditional use, or variance, or from the Board of County Commissioners approving a planned unit development, as provided by this code.
(Res. 669-94-72, § 501, effective 4-5-1995)

§ 502 CONTENTS OF APPLICATION FOR ZONING PERMITS.

   The application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one (1) year or substantially completed within two and one-half (2-1/2) 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 on the lot, if any; and the location and dimensions of the proposed building(s) or alteration(s);
   G.   Building heights;
   H.   Number of off-street parking spaces or loading berths;
   I.   Number of dwelling units;
   J.   Site plan with existing contours and proposed contours, along with first floor elevation of proposed structure; and
   K.   Such other matters as may be necessary to determine conformance with and provide for the enforcement of this code.
(Res. 669-94-72, § 502, effective 4-5-1995)

§ 503 APPROVAL OF ZONING PERMIT.

   Within thirty (30) days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this code. All zoning permits shall, however, be conditional upon the commencement of work within one (1) year. One (1) copy of the plans shall be returned to the applicant by the Zoning Inspector, after the Zoning Inspector shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One (1) copy of the plans, similarly marked, shall be retained by the Zoning Inspector. The Zoning Inspector 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 code.
(Res. 669-94-72, § 503, effective 4-5-1995)

§ 504 EXPIRATION OF ZONING PERMIT.

   If the work described in any zoning permit has not begun within one (1) year from the date of issuance thereof, said permit shall expire; it shall be revoked by the Zoning Inspector; and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.
(Res. 669-94-72, § 504, effective 4-5-1995)

§ 505 CERTIFICATE OF OCCUPANCY.

   It shall be unlawful to 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 shall have been issued thereof by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this code.
   A.   Application for occupancy certificate. Every application for a building permit or zoning permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land when no building permit is required shall be made directly to the Zoning Inspector.
   B.   Issuance of occupancy certificate. The occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than fourteen (14) days after the Zoning Inspector is notified in writing that the building or premises is ready for occupancy.
(Res. 669-94-72, § 505, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013) Penalty, see § 511

§ 506 TEMPORARY CERTIFICATE OF OCCUPANCY.

   A temporary certificate of occupancy may be issued by the Zoning Inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.
(Res. 669-94-72, § 506, effective 4-5-1995)

§ 507 RECORD OF ZONING PERMITS AND CERTIFICATES OF OCCUPANCY.

   The Zoning Inspector shall maintain a record of all zoning permits and certificates of occupancy and copies shall be furnished upon request to any person.
(Res. 669-94-72, § 507, effective 4-5-1995)

§ 508 FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY.

   Failure to obtain a zoning permit or certificate of occupancy shall be a violation of this code and punishable under § 511 of this code.
(Res. 669-94-72, § 508, effective 4-5-1995)

§ 509 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES.

   Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of this code, and punishable as provided in § 511 of this code.
(Res. 669-94-72, § 509, effective 4-5-1995)

§ 510 COMPLAINTS REGARDING VIOLATIONS.

   Whenever a violation of this 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 Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take action thereon as provided by this code.
(Res. 669-94-72, § 510, effective 4-5-1995)

§ 511 PENALTIES FOR VIOLATION.

   A.   It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any structure or land in violation of any regulation in any provision of this code or any amendment or supplement thereto adopted by the Board of County Commissioners of this county, under R.C. §§ 303.01 - 303.99. Any person, firm, or corporation violating any provision of this code, or of any amendment or supplement thereto, shall be deemed guilty of a minor misdemeanor. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate offense.
   B.   Where a 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 code or any amendment or supplement thereto, the Board of County Commissioners, the Prosecuting Attorney of this county, Zoning Inspector, or any adjacent or neighboring county owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or 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.
(Res. 669-94-72, § 511, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

§ 512 FEES.

   A.   Any application under this code for a zoning permit, zoning map or text amendment, certificate of occupancy, conditional use permit, planned development review, sign permit, appeal, or variance shall be accompanied by such fee as shall be specified from time to time by zoning resolution of the Board of County Commissioners. There shall be no fee, however, in the case of applications filed by the Board of County Commissioners, the County Zoning Commission, or the County Planning Commission.
   B.   The fees shall be in addition to any other fees which are imposed by this county. Such fees are adopted to cover the cost of the county of investigations, legal advertising, postage, and other expenses resulting from the administration of the respective zoning activities. Until all applicable fees have been paid in full, no action shall be taken on any application or appeal.
(Res. 669-94-72, § 512, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)