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Kelleys Island City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 152.060 ADMINISTRATION.

   (A)   Zoning Inspector.
      (1)   Establishment. The Zoning Inspector shall act as the administrative officer for the purpose of effecting the proper administration of the Zoning Code.
      (2)   Appointment. The Zoning Inspector shall be appointed by the Mayor with confirmation by a majority of the Village Council. The Zoning Inspector shall serve at the pleasure of the Mayor.
      (3)   Compensation; benefits. Rate of compensation, and other such benefits and conditions, if any, shall be set by the Village Council.
      (4)   General powers. For the purposes of effecting this chapter, the Zoning Inspector shall have the powers of a police officer.
      (5)   Powers and duties. The Zoning Inspector shall have the following powers and duties:
         (a)   Unless specifically stated otherwise, the Zoning Inspector shall enforce the provisions of this code. The Zoning Inspector shall have all necessary authority on behalf of the village to administer and enforce the provisions of this code. Such authority shall include the ability to order, in writing, the remedy of any condition found in violation of this code and the ability to bring legal action to insure compliance with the provisions including injunction, abatement, or other appropriate action or proceeding.
         (b)   To interpret the meaning and application of this Zoning Code and its provisions.
         (c)   To issue all permits or certificates as provided by this Zoning Code and keep a record of the same with a notation of any special conditions involved.
         (d)   To accept, review for completeness, and respond to questions regarding applications upon which the Zoning Inspector is authorized by the provisions of this Zoning Code to review including amendments to the Zoning Code, development plan review, conditional uses, variances, appeals, and subdivision plats.
         (e)   To coordinate the village's administrative review of applications required by this Zoning Code, including rezoning applications, development plan review, conditional use applications, and subdivision plats.
         (f)   To maintain any records required by this Zoning Code including inspection documents, and records of all variances, amendments, conditional uses, development review approvals, non-conforming uses, and similar use determinations.
         (g)   To make such records available for the use of Council, the Planning Commission, the Board of Zoning Appeals, Design Review Board, and the public.
         (h)   To conduct or cause the inspection of buildings or structures and uses of land to determine compliance with this Zoning Code.
         (i)   To determine the existence of any violations of this Zoning Code and cause such notifications, revocation notices, stop orders, or initiate such other administrative or legal action as needed, to address such violations.
         (j)   To maintain in current status the "Official Zoning District Map" of the village.
         (k)   To cast a vote in case of a tie at the Design Review Board.
   (B)   Enforcement and penalties. The provisions of this Zoning Code shall be administered and enforced by the Zoning Inspector.
   (C)   Construction and use shall be as approved. Zoning permits and/or certificates issued by the Zoning Inspector on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this code.
   (D)   Violations. It shall be unlawful to:
      (1)   Use or occupy any land or place; build, erect, alter, remodel, restore, or rebuild thereon any building or structure; permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Zoning Code;
      (2)   Use or occupy any parcel of land; use or occupy a new building or structure; or enlarge, substitute, or otherwise change the use, occupancy, or configuration of any land, building, or structure, without having received a zoning permit, conditional use permit, or certificate of zoning compliance, as applicable, indicating compliance with the provisions of this Zoning Code from the Zoning Inspector;
      (3)   Aid, assist, or participate with any person in placing, building, erecting, altering, remodeling, restoring, or rebuilding any building or structure which is not permitted by the provisions of this Zoning Code;
      (4)   Violate or fail to perform any condition, stipulation, or safeguard set forth in any certificate, permit, or approval issued pursuant to this Zoning Code, or continue to use or occupy the premises, building, or structure as previously authorized by such certificate, permit, or approval beyond the duration limit therein stated;
      (5)   Continue construction, renovation, or improvements contrary to a stop work order or notice of violation;
      (6)   Refuse to permit the Zoning Inspector to enter any premises in the village to investigate a reported violation of the provisions of this Zoning Code; or
      (7)   Knowingly, make any materially false statement of fact in an application to the Zoning Inspector for development plan approval, a zoning permit, conditional use permit, certificate of non-conforming use, or certificate of zoning compliance, or in the plans or specifications submitted to the Zoning Inspector in relation to such application.
   (E)   Violation considered a nuisance. Any building or structure erected, altered, moved, razed, or converted, or any use of land or premises carried on in violation of any provision of this Zoning Code may be declared to be a nuisance. Any building or land use activity considered to be a possible violation of any provision of this Zoning Code that is observed by any village official shall be reported to the Zoning Inspector.
   (F)   Complaints regarding violations. Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a complaint. Such written complaints shall fully state the causes and basis of the complaint and shall be filed with the Zoning Inspector.
   (G)   Inspection of property. The Zoning Inspector may inspect any building or structure erected, altered, moved, razed, or converted, or any use of land or premises carried on in alleged violation of any of the provisions of this Zoning Code including any alleged failure to comply with any conditions placed upon an application at the time of approval.
   (H)   Stop work order. Subsequent to a determination that construction work is being done contrary to this Zoning Code, or if the work being performed is causing any situation that threatens the health, safety or welfare of the surrounding property owners, their respective properties, or of the general public passing through or near the construction area, the Zoning Inspector shall issue a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Inspector, shall constitute a punishable violation of this Zoning Code.
   (I)   Notice of violation.
      (1)   Upon finding a violation, the Zoning Inspector shall order, in writing, the owner, agent occupant or operator of such building, structure, or premises to correct, within a stated reasonable time, all conditions that are found to be in violation of this Zoning Code. After such a notice is served, no work, except to correct the violation or comply with the notice, shall proceed on any building, structure, or premises included in the violation.
      (2)   Such notice of violation shall be by either personal delivery to the person or persons responsible, or by certified mail, addressed to the person or persons responsible at the last known address.
   (J)   Issuance of a citation. Prior to the issuance of any citation the Zoning Inspector shall consult with the Village Solicitor to insure that the Zoning Code is being properly administered.
   (K)   Certificate revocation. The Zoning Inspector may issue a revocation notice to revoke a certificate, permit, or approval that was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application. The certificate, permit, or approval shall be revoked by notice, in writing, to be delivered to the holder of the void certificate, permit, or approval upon the premises concerned by certified mail or regular mail to the last known address of such holder. Any person who proceeds thereafter with such work or use without having obtained a new certificate, permit, or approval in accordance with this Zoning Code shall be deemed guilty of violation thereof.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2002-O-16, passed 5-9-02; Am. Ord. 2012-O-17, passed 6-14-12) Penalty, see §152.999

§ 152.061 SUBMISSION OF APPLICATIONS.

   All applications for zoning permits shall be submitted to the Zoning Inspector who shall issue a zoning permit when all applicable provisions of this chapter have been complied with.
(Ord. 1993-0-2, passed 3-13-93)

§ 152.062 TYPES OF ZONING PERMITS.

   Eight types of zoning permits may be issued when activity is found to be in compliance with the requirements of this chapter. These eight types of zoning permits are:
   (A)   Construction permit. Before any structure, as defined in this chapter is built, erected, enlarged, or placed on a property, a construction permit is required. The Zoning Inspector shall issue such a construction permit when he or she is satisfied that according to the information submitted by the applicant, the proposed structure will conform with all requirements of this code. Such permits shall be displayed on the subject property until construction is completed.
   (B)   Occupancy permit. Following the construction of any new structure, occupancy of the new structure for any purpose shall not take place unless and until an occupancy permit is issued by the Zoning Inspector. The Zoning Inspector shall issue such an occupancy permit when he or she is satisfied that the proposed structure was constructed in accordance with the plans and other information previously submitted, and that the use for which the property is stated to be used for and is about to be placed conforms with the requirements of this chapter.
   (C)   Use permit. When no new construction or alteration of an existing structure is involved, and when the use of a property or structure changes, a use permit is required. The Zoning Inspector shall issue such a use permit when he or she is satisfied that, according to the information submitted by the applicant, such change of use does conform to the requirements of this chapter.
   (D)   Certificates of appropriateness. As described in § 152.042, when any property is located within an Historic District Overlay Zone, a certificate of appropriateness is required in many circumstances involving construction or alteration of a structure. These certificates are approved by the Design Review Board and are required prior to the issuance of any other permit by the Zoning Inspector.
   (E)   Conditional use permit. As described in § 152.086, the Planning Commission has the authority to issue a conditional use permit. Such permits authorize one particular use with or without specific conditions required by the Planning Commission.
   (F)   Demolition permit. Before any structure may be demolished, a demolition permit must first be obtained from the Zoning Inspector. For areas which are located within the Historic District Overlay Zone, applications for a demolition permit shall be reviewed by the Design Review Board in accordance with § 152.042(F)(7), and may be granted provided that the Design Review Board is satisfied that such grant will conform with the requirements of this chapter.
   (G)   Sign permit. Before any sign, except those exempted in § 152.011(F), may be placed, constructed, or structurally altered, on or attached to a building, or on a parcel of land, a sign permit is required. Such permit may be authorized by the Zoning Inspector provided that the Zoning Inspector is satisfied that such grant will conform with the requirements of this chapter.
   (H)   Excavation permit. As described in § 152.017, in areas outside a (Q) Quarrying Zoning District, whenever any blasting is involved in the excavation of any type of bedrock, or whenever the excavation of more than 50 cubic yards of sand, gravel, rock, or soil is involved as part of a building construction project, multi-structure development project, or a non-structural improvement such as pond construction, a landscaping project, or marina construction, an excavation permit shall first be obtained from the Zoning Inspector provided that the requirements of § 152.017 have been met.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1997-O-2, passed 1-11-97; Am. Ord. 2005-O-4, passed 3-5-04)
Cross-reference:
   Definition of structure, see § 152.004

§ 152.063 APPLICATIONS.

   (A)   Unless otherwise noted in this zoning code, every application for a zoning permit shall be accompanied by plans and items of information in duplicate which shall include the following information:
      (1)   A plan drawn to scale showing the exact dimensions of the property to be built upon;
      (2)   A legal description and/or survey of the subject property. The Zoning Inspector shall determine whether a new legal description and/or survey must be obtained in the event the description as provided is not current, there is a dispute as to the boundary lines of the subject property, or in the discretion of the Zoning Inspector a new legal description and/or survey would better assist him in the enforcement of this chapter relative to the issuance of the zoning certificate being applied for;
      (3)   The location, dimensions, height and bulk of structures to be erected;
      (4)   The intended use or uses;
      (5)   The proposed number of sleeping rooms, dwelling units, occupants, employees and other uses;
      (6)   The yard, open area and parking space dimensions;
      (7)   Evidence of ownership or interest in the subject property; and
      (8)   Any other pertinent data as may be necessary to determine and provide for the enforcement of this chapter.
   (B)   Within ten days after the receipt of application, the Zoning Inspector shall issue the appropriate zoning permit if the application complies with the requirements of this chapter and the application is accompanied by the proper fee as indicated in § 152.066.
   (C)   No person shall move any building (including modular homes) over, along, or across any highway, street, or alley in the village, without first obtaining a permit to do so from the Village Administrator. If the move requires a road closure, the applicant shall submit a permit fee of $50 with the application.
   (D)   (1)   Any person seeking issuance of a permit to move a building (including modular homes) shall file an application for a permit with the Village Administrator which shall set forth the building proposed to be moved, giving street number and/or route of the highways, streets or alleys over, along or across which the proposed building is to be moved.
      (2)   The Zoning Inspector shall notify the Village Administrator when an application for a zoning permit has been submitted for a modular home. The Village Administrator shall notify the Police Chief, Fire Chief, EMS Director, and Maintenance Department of the dates the modular home or building will be transported and installed in the village. If road closures are required, the zoning permit holder will notify the Village Administrator ten days prior to the modular home or building being transported and installed in the village.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1997-O-39, passed 11-8-97; Am. Ord. 2021-O-18, passed 8-12-21)

§ 152.064 BONDS.

   If, due to weather conditions, or other factors beyond the control of the property owner, all improvements to the land cannot be made as shown on the plans submitted for a zoning permit, such as parking lot landscaping, parking lot paving, sidewalk construction, park improvements, tree plantings, or other such improvements, an occupancy permit may still be issued provided a completion bond, letter of credit, or other form of security is posted with the village to guarantee the completion of such improvements. All such guarantees shall be reviewed by the legal counsel for the village, and estimated cost for completion of the involved improvements shall be estimated by a third party approved by the Mayor. Any costs associated with developing such an estimate shall be paid for by the applicant, and the specific terms and conditions prescribed in the bonds or other security instruments shall be determined by the Village Zoning Inspector and legal counsel for the village.
(Ord. 1993-O-2, passed 3-13-93)

§ 152.065 EXPIRATION OF ZONING PERMITS.

   A zoning permit shall become void at the expiration of 18 months of date of issuance when an applicant does not carry out the activity for which the permit is given.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2002-O-35, passed 12-14-02)

§ 152.066 PAYMENT OF FEES.

   (A)    A zoning permit fee is required and must accompany all zoning permit applications. The fees for various types of zoning permits, as well as fees for the annual review of a conditional use, rezonings, appeals, site plans, and other such actions, shall be in such amounts as the Village Council, from time to time, may by legislative action, designate. The Council may, by motion, waive the fee for an application submitted to it by a department of the village or another political subdivision.
   (B)   The schedule of fees for the issuance of zoning permits shall be established as follows:
      (1)   In the Agricultural (AG), Park & Recreation (PR), and all Residential (R1, R2, R3) Zoning Districts, the fee for a zoning permit shall be as follows:
         (a)   Permit writing fee of $75.00, plus
         (b)   $0.75 per square foot of living area and non- living areas, including basement, attic areas with a ceiling height of seven feet or higher, porches and decks with permanent roofs, and attached garages; and/or
         (c)   $0.45 per square foot for accessory structures including decks, outbuildings, garages, and docks, except that accessory structures including decks, outbuildings, garages, and docks that will be less than 80 square feet in surface area shall require only the permit writing fee of $50.00.
      (2)   All Business (C1, and C1T), Commercial (C2 and C2T), Manufacturing (I), and Quarrying Zoning Districts the zoning permit fee shall be as follows: a permit writing fee of $50.00 plus $1.00 per square foot, including basement and attic areas, and accessory structures, including decks, outbuildings, garages, and docks, except that accessory structures including decks, outbuildings, garages, and docks that will be less than 80 square feet in surface area shall require only the permit writing fee of $50.00.
      (3)   In the PUD Zoning District, the zoning permit fee shall be the same as required above based upon the intended use of the structure.
      (4)   If an application for a zoning permit contains more than one structure, the square footage fee charges shall be computed based upon the type of structure, and the zoning district in which the structure is located as set forth above.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2001-O-14, passed 5-10-01; Am. Ord. 2001-O-16, passed 5-10-01; Am. Ord. 2023-O-19, passed 8-12-23)

§ 152.067 ENFORCEMENT.

   Every person, corporation, or firm who violates, disobeys, neglects, or refuses to comply with any provision of this chapter or any permit, license, or exception granted hereunder, or any lawful order of the Zoning Inspector, Board of Appeals, Planning Commission, or Village Council issued in pursuance of this chapter shall be guilty of a misdemeanor of the fourth degree.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2012-O-18, passed 6-14-12) Penalty, see § 152.999

§ 152.069 SCHEDULE OF FEES.

   (A)   The schedule of fees for applications made to the Village Planning Commission is established as follows:
Special meetings
$250
Change of use permits
100
Conditional use permits
200
Zoning change permits
200
Demolition fee
50
Sign permit
100
Excavation permit
150
Annual review of conditional use permit
50
Variance request
200
 
   (B)   In all cases the applicant will pay, in addition to the permit fee, the cost of any required notification. The Council may, by motion, waive the fee for an application submitted to it by a department of the village or other political subdivision.
(Ord. 1993-O-25, passed 8-12-93; Am. Ord. 2001-O-16, passed 5-10-01; Am. Ord. 2006-O-6, passed 5-11-06; Am. Ord. 2023-O-18, passed 8-12-23)