Lancaster City Zoning Code

CHAPTER 1155

Enforcement

1155.01 DUTY OF CITY PLANNER OR DESIGNEE.

The City of Lancaster Planner or designee shall serve as the Zoning Inspector and shall be responsible for overseeing, interpreting, and implementing this Zoning Ordinance. The City Planner may designate additional staff to assist with these activities. All departments, officials, and employees of the City of Lancaster vested with the duty or authority to issue permits or licenses shall comply with the provisions of this Code and shall issue no permit or licenses for any use, purpose, excavation, construction, structure, building, or sign, unless it complies with this Zoning Ordinance. (Ord. 15-23. Passed 8-14-23.)

1155.02 ZONING CLEARANCE PERMIT REQUIRED.

(a) A Zoning Clearance Permit is required prior to:

(1) Constructing, creating, moving, expanding, converting, or structurally altering any portion of a building or structure. This includes temporary structures.

(2) Changing the use of a building, structure, or land.

(3) Occupying or using vacant land.

(4) Demolishing of any building or structure.

(b) The failure to obtain a Zoning Clearance Permit shall be considered a violation of this Code and shall be punishable in accordance with this Code.

(c) An application for a Zoning Clearance Permit shall be submitted to the City Planner or designee and shall include the following information.

(1) Name, address, phone number and email address of the applicant.

(2) Address and parcel number of the property subject to the application.

(3) Legal description of the property as recorded in the County Recorder's office. If there is not a complete and accurate survey readily available from existing records, the City Planner or designee may require the applicant supply a survey of the property by a Registered Surveyor in the State of Ohio.

(4) Existing and proposed uses.

(5) The Zoning District in which the property is located.

(6) Plans and/or drawings drawn to scale in blackline or blueprint showing:

A. The actual shape and dimensions of the property.

B. The proposed use(s) for each building, structure, or portion of the lot.

C. The location and dimensions of all easements.

D. The dimension of existing and proposed buildings or structures on the property, including their size and height.

E. The distance between the lot lines and the existing and proposed structures.

F. The dimensions and number of existing and proposed parking spaces.

G. Any existing or proposed signage. (not required for single unit dwelling permit)

H. Any existing or proposed landscaping (not required for single unit dwelling permit)

I. Number of proposed dwelling units, if applicable.

J. A copy of any required approvals including but not limited to: any necessary variances or special exception permits.

K. Any other information, including information on neighboring lots, as determined by the City Planner or designee to determine compliance and with and enforcement of this Ordinance.

(d) No Zoning Clearance Permit shall be issued until a fee has been paid in accordance with the schedule of fees as determined by the Mayor.

(e) If a Zoning Clearance Permit application is approved:

(1) The City Planner or designee, shall mark the permit as approved, sign, date and return the approved permit to the applicant.

(2) The applicant shall commence work within one (1) year of the date of Zoning Clearance Permit approval unless an extension is granted by the City Planner or designee. The City Planner or designee may grant a one-time extension of up to one (1) year due to unexpected delays that are not a result of any action of the applicant and provided there are no changes in area conditions, as determined by the City Planner or designee. Otherwise, the permit shall be considered null and void and a new Zoning Clearance Permit must be obtained.

(3) The work described in the permit must be completed and a Certificate of Zoning Compliance must be issued within two (2) years of the date of Zoning Clearance Permit approval. Any work described in the permit that has not been completed within this two (2)-year period or as extended by the City Planner or designee shall not proceed unless and until a new Zoning Clearance Permit is obtained.

(f) If a Zoning Clearance Permit application is denied:

(1) The City Planner or designee shall mark the permit as denied, sign and date it, provide a list of reasons for denying the permit, and return it to the applicant.

(2) The applicant shall have thirty (30) days from the date that the City Planner or designee denied the Zoning Clearance Permit to file an Appeal application to the Board of Zoning Appeals.

(g) The City Planner or designee, may declare an approved Zoning Clearance Permit void, if he/she determines that the permit was issued based upon incorrect information or false statement(s) being provided by the applicant.

(1) In such cases, the City Planner or designee shall send a certified letter to the applicant at the address on the application indicating the reasons the Zoning Clearance Permit is being revoked.

(2) The letter shall state that all work shall cease, and no additional work shall continue unless and until a new permit is obtained.

(3) The applicant shall have thirty (30) days from the date of this letter to appeal the City Planner or designee's decision to the Board of Zoning Appeals.

(Ord. 15-23. Passed 8-14-23.)

1155.03 CERTIFICATE OF ZONING COMPLIANCE.

(a) An applicant shall apply for a Certificate of Zoning Compliance after completing the Work described in an approved Zoning Clearance Permit. The application shall be submitted to the City Planner or designee.

(b) No building or structure shall be occupied or utilized in any manner until such time a Certificate of Zoning Compliance has been issued by the City Planner or designee. The Certificate of Zoning Compliance shall state:

(1) The proposed use is in conformance with the approved Zoning Clearance Permit; and

(2) The buildings and/or structures have been constructed in accordance with the approved Zoning Clearance Permit.

(3) If there are any non-conforming uses or structures located on said property, the Certificate of Zoning Compliance shall note the existing non-conforming status on the Certificate of Zoning Compliance.

(c) A Certificate of Zoning Compliance shall not be issued until a signed letter from the applicable water and sewer authority has been provided stating that water and sanitary sewer systems have been installed and approved by said authority.

(d) The City Planner or designee shall maintain a record of all Certificates of Zoning Compliance.

(e) The City Planner or designee is authorized to issue a Temporary Certificate of Zoning Compliance that does not exceed six (6) months provided:

(1) All completed work at the time the Temporary Certificate of Zoning compliance is issued complies with the approved Zoning Clearance Permit.

(2) The reason the unfinished work has not been completed is due to circumstances beyond the applicant's control, such as the weather.

(3) That the temporary occupancy of a building does not impair public health and safety. (Ord. 15-23. Passed 8-14-23.)

1155.04 FAILURE TO OBTAIN A ZONING CLEARANCE PERMIT.

Failure to obtain Zoning Clearance Permit prior to the commencement of the construction, alteration, or use for which the permit or certificate is required, shall be a violation of this Zoning Code and punishable under Section 1155.09 of this Ordinance.

(Ord. 15-23. Passed 8-14-23.)

1155.05 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 City Planner or designee who shall record properly such complaint, immediately investigate, and take such appropriate action as provided by this Zoning Ordinance.

(Ord. 15-23. Passed 8-14-23.)

1155.06 ENTRY AND INSPECTION OF PROPERTY.

The City Planner or designee is authorized to make inspections of properties and structures in order to examine and survey the property for the purpose of enforcing the provisions of this Zoning Code. Prior to seeking entry to any property or structure for such examination or survey, the City Planner or designee shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the City Planner or designee shall request the assistance of the City Police Department when the matter is an immediate hazard to life safety. Nothing in this section limits the ability of the City Planner or designee to work with the Law Director to secure a valid search warrant prior to entry.

(Ord. 15-23. Passed 8-14-23.)

1155.07 ZONING CLEARANCE PERMIT REVOCATION.

The City Planner or designee may issue a revocation notice to revoke a permit which was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application. (Ord. 15-23. Passed 8-14-23.)

1155.08 STOP WORK ORDER.

The City Planner or designee shall write a stop work order when it is determined that work is being done contrary to this Zoning Ordinance. Said order shall be posted on the property that is in violation. Removing a stop work order from property, except by the order of the City Planner or designee, shall constitute a punishable violation of this Zoning Ordinance. The City Planner or designee shall commence the Violation Procedures in accordance with Section 1155.09 .

(Ord. 15-23. Passed 8-14-23.)

1155.09 VIOLATION PROCEDURES AND PENALTIES.

(a) Whenever the City Planner or designee determines that there is a violation of any provision of this Zoning Ordinance, a written Notice of Violation shall be issued to the Responsible Party as defined in Chapter 1161 . Such notice shall:

(1) Be in writing.

(2) Identify the violation.

(3) Include a statement of the reason or reasons why it is being issued and refer to the sections of this Zoning Ordinance being violated.

(4) Include a statement that the violation shall be corrected within thirty (30) days of the Date of Service of the Notice of Violation (which shall be referred to as the Violation Remedy Date). Failure to correct the violation prior to the Violation Remedy Date shall be cause for a citation to be issued by the City Planner or designee in accordance with Section 1155.09 (c).

(5) The Date and Method of Service for the Notice of Violation shall be one of the following:

A. The date the Notice of Violation is personally delivered to the Responsible Party; or

B. The date the Notice of Violation is sent by certified mail in the US Post Office to the both the property owner address as listed on the Fairfield County Auditor's Tax List and the address for the property; or

C. The date the Notice of Violation is posted in a conspicuous place on the property in violation.

Service of this notice shall be deemed complete on the date the City Planner or designee certifies that the Notice of Violation was delivered via one of the above methods.

(b) Re-Inspection and Citation Notification. Within three (3) business days after the Violation Remedy Date, the City Planner or designee shall re-inspect the property in question. If, upon re-inspection following the issuance of a notice of violation, the condition has not been corrected by the Responsible Party a Citation shall be issued in accordance with Section 1155.09 (c). Such Citation Notification shall:

(1) Be served by one of the methods specified in Section 1155.09 (a)(5).

(2) Be in writing.

(3) Identify the violation. State the amount of the penalty being assessed in accordance with Section 1155.09 (c).

(4) Shall direct the Responsible Party to remedy the violations within seven (7) days of the date of the Citation Notification and failure to do so will result in additional citations in escalating amounts specified in Section 1155.09 (c). The Citation Notification shall also inform the Responsible Party that a civil complaint or criminal summons may be filed if the code violation is not remedied in accordance with the Lancaster Codified Ordinances.

The first citation for a violation shall constitute a minor misdemeanor and the penalty shall be one hundred fifty dollars ($150.00).

The second citation for a violation shall constitute a fourth-degree misdemeanor and the penalty shall be two hundred fifty dollars ($250.00).

The third citation for a violation shall constitute a third-degree misdemeanor and the penalty shall be five hundred dollars ($500.00).

The fourth citation for a violation shall constitute a second-degree misdemeanor and the penalty shall be seven hundred fifty dollars ($750.00).

Each additional citation shall constitute a first-degree misdemeanor and the penalty shall be one thousand dollars ($1,000.00).

There shall be a minimum of seven (7) days between the dates of each citation for the same violation. The City Planner or designee shall be required to re-inspect the property and document the continued violation prior to issuing additional citations for the same violation. Each additional Notice of Violation shall follow the requirements of Section 1155.09 (a).

All unpaid citations shall be cumulative and shall subject the violator to a possible civil penalty to be recovered in a civil action in the nature of the debt.

Nothing in this Zoning Ordinance shall be deemed to abolish, impair or prevent other additional remedies as provided by law, including but not limited to civil procedures. In the event of a violation of any provision or requirement of this Zoning Ordinance, or in the case of an imminent threat of such a violation, the City Planner or designee, the Law Director, or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourses provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.

Flowchart is for general guidance only - Code language in this document controls.