Loudonville City Zoning Code
CHAPTER 1242
Administration, Enforcement and Penalty
1242.01 ZONING INSPECTOR.
(a) The position of Zoning Inspector is hereby created. The duties of this position shall be assumed and fulfilled by the Codes Enforcement Officer, who shall be appointed by and serve at the pleasure of the Village Council, and who shall receive such compensation as Council may determine and provide.
(b) The Zoning Inspector shall have the following duties:
(1) Issue zoning permits when this Zoning Code has been followed, or refuse to issue the same in the event of non-compliance.
(2) Collect the designated fees for zoning permits, amendments, appeals, conditional uses, and exceptions.
(3) Make and keep records on all applications, issuance and denial of all permits, and on complaints of violations.
(4) Enforce this Zoning Code and take all necessary steps to remedy any condition found in violation by ordering, in writing, the discontinuance of illegal uses or illegal work in progress, and request the County Prosecutor to commence appropriate legal action when necessary.
(5) Keep the Planning Commission and Council advised of all matters, other than routine duties, pertaining to the enforcement of this Zoning Code, and transmit all applications and records pertaining to amendments.
(6) Keep the Board of Zoning Appeals advised of all matters pertaining to appeals, variances, conditional uses, and exceptions, and transmit all applications and records pertaining thereto.
(Ord. 19-83. Passed 4-4-83.)
(c) As used throughout this Code of Ordinances, uncodified ordinances, rules and regulations of the Village of Loudonville, the terms "Zoning Inspector", "Sewer and Plumbing Inspector", and "Codes Enforcement officer" shall all refer to the individual holding the job classification of Codes Enforcement Officer. (Ord. 51-95. Passed 8-7-95.)
(Ord. 75-96. Passed 11-18-96; Ord. 28-98. Passed 8-17-98.)
1242.02 ZONING PERMITS REQUIRED.
(a) Before construction, changing the use of, or structurally altering any building or sign, including accessory buildings, or changing the use of any premises, application shall be made to the Zoning Inspector for a zoning permit. The zoning permit requirement shall not include interior remodeling if the type of use is not changed and shall not include exterior upkeep and maintenance. The applications shall include the following information:
(1) The location of the lot and existing zoning and land use of the property and the immediately surrounding area.
(2) A plot plan drawn to scale showing the exact dimensions of the lot to be built upon.
(3) The location, dimensions, height and bulk of structures to be erected.
(4) The intended use.
(5) The yard, open area and parking dimensions.
(6) Any other pertinent data as may be necessary to determine and provide for the enforcement of this Zoning Code.
(b) Before construction or alteration of any sign or outdoor advertising device requiring a zoning permit (See Chapter 1258) a zoning permit shall be secured.
(c) Within ten days after receipt of any application, the Zoning Inspector shall issue a zoning permit if the application complies with the requirements of this Zoning Code and the application is accompanied by the proper fee.
(d) The zoning permit shall become void at the expiration of six months after the date of issuance unless construction is started. If no construction is started or use changed within six months of the date of the permit, a new permit is required upon application.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1242.03 FEE FOR ZONING PERMIT.
The fee for a zoning permit (including zoning permits for signs shall be twenty-five dollars ($25.00).
(Ord. 19-83. Passed 4-4-83; Ord. 16-94. Passed 6-6-94; Ord. 75-96. Passed 11-18-96; Ord. 46- 98. Passed 11-2-98.)
1242.04 VIOLATIONS.
Buildings or signs erected, altered, moved, razed or converted, and any use of land or premises carried on in violation of any provision of this Zoning Code, are hereby declared to be a nuisance per se and shall be subject to the penalties stated in this Zoning Code. Any building or land use activities considered possible violations of the provisions of this Ordinance which are observed by the residents of the Village shall be reported to the Zoning Inspector.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1242.05 INSPECTIONS; ORDERS TO CORRECT.
The Zoning Inspector shall inspect each alleged violation and shall, in writing, order correction of all conditions which are found to be in violation of this Zoning Code.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1242.06 CORRECTION PERIOD.
All violations shall be corrected within a period of thirty days after the written order is issued or for a longer period of time as indicated by the Zoning Inspector. Any violations not corrected within the specified time period shall be reported to the Village Law Director who shall initiate prosecution procedures.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1242.99 PENALTY; EQUITABLE REMEDIES.
(a) Any person, firm or corporation, violating any of the provisions of this Zoning Code, shall, for each violation, upon conviction thereof; pay a penalty of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), with costs recoverable before the Municipal Court, and upon default of payment of the penalty and costs, the persons convicted may be committed to the Village or County prison for a period not exceeding ninety days. Each ten days that such violations shall be permitted to exist shall constitute a separate offense, unless otherwise provided.
(b) The owner or tenant of any building, structure, premises, or part thereof; and any architect, building contractor, agent, or other person, who knowingly commits, participates in, assists in, or maintains such violation, may be found guilty of a separate offense and suffer the penalties herein provided.
(c) Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violations.
In case any building 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 Zoning Code or any amendment or supplement hereto, the Village Council, the Village Law Director or the Zoning Inspector, or any adjacent or neighboring property owner who would be specifically damaged by such violation, may, in addition to other remedies provided by law, institute an appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 9-85. Passed 1-22-85; Ord. 75-96. Passed 11-18-96.)