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Lincoln Heights City Zoning Code

AMENDMENTS, INTERPRETATION

AND VESTED RIGHT

§ 153.240 POWER OF AMENDMENT.

   The Village Council may, from time to time, on recommendation from the Planning Commission, on its own motion, or on petition amend, supplement, modify or change this chapter in accordance with the authority of Ohio R.C. Chapter 713, in accordance with the following procedural outline.
   (A)   All amendment proposals not originating with the Planning Commission shall be referred by the Village Council to the Planning Commission for a recommendation before any action is taken.
   (B)   The Planning Commission shall study the proposed ordinance amendment and make written recommendation to the Village Council for approval, conditional approval, or disapproval. In the course of such study, the Planning Commission may hold public information meetings on the proposed amendment.
   (C)   On receipt of the Planning Commission's recommendation, the Village Council shall hold a public hearing thereon per the provisions of Ohio R.C. Chapter 713, provided, that such hearing need not be held if the Village Council concurs with Planning Commission recommendations for disapproval.
   (D)   In case a protest against a proposed amendment, supplement, or change be presented, duly signed by the owners of 20% or more of the frontage proposed to be altered, or by the owners of 20% or more of the frontage immediately in the rear thereof, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by a 3/4 vote of the Village Council.
(1995 Code, § 153.240) (Ord. 68-15, passed 8-22-1968)

§ 153.241 INTERPRETATION.

   (A)   In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the health, safety, morals, comfort, prosperity, or general welfare.
   (B)   Where the conditions imposed by any provision of this chapter, on the use of land or buildings, or on the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
   (C)   This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.
   (D)   No building, structure, or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter, and to the extent that, and in any manner that the unlawful building, structure, or use is in conflict with the requirements of this chapter, the building, structure, or use remains unlawful hereunder.
(1995 Code, § 153.241) (Ord. 68-15, passed 8-22-1968)

§ 153.242 VESTED RIGHT.

   Nothing in the chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or any permissible activities therein, and, they are hereby declared to be subject to subsequent amendment, change, or modification as may be necessary to the preservation or protection of public health, safety, and welfare.
(1995 Code, § 153.242) (Ord. 68-15, passed 8-22-1968)

§ 153.997 NOTICE OF VIOLATION.

   When written notice of a violation of any of the provisions of this chapter has been served by the Building Inspector on the owner, agent, or occupant, contractor, or builder, such violation shall be discontinued immediately.
(1995 Code, § 153.997) (Ord. 68-15, passed 8-22-1968)

§ 153.998 REMEDIES.

   In case any building, sign, or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, sign, structure, or land is used, or any hedge, trees, shrub, or other growth is maintained, in violation of this chapter or any regulations pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or other ways, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of that building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
(1995 Code, § 153.998) (Ord. 68-15, passed 8-22-1968)

§ 153.999 PENALTY.

   For any and every violation of the provisions of this chapter, the owner, general agent, or contractor of a building or premises where such violation has been committed, or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed, or shall exist, and the owner, general agent, contractor, lessee, or tenant of any part of the building or premises in which part of such violation has been committed or shall exist, the general agent, architect, builder, contractor, or any other person who knowingly commits, takes part or assists in any such violation, or maintains any building or premises in which any such violations exist, shall be liable on conviction thereof to a penalty not exceeding $100; for each and every offense or suffer to undergo imprisonment for a period of not less than 30 days, and whenever such person shall have been notified by the Building Inspector by service of summons in a prosecution, or in any other way, that he or she is committing such violation of this chapter, each day that he or she shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fine or penalty shall be collected as like fines or penalties are now by law collected.
(1995 Code, § 153.999) (Ord. 68-15, passed 8-22-1968)