(A)   Village Administrator. The provisions of this zoning code shall be administered and enforced by the Village Administrator.

   (B)   Community-wide enforcement. It shall also be the duty of all officials and employees of the village to assist the Village Administrator by reporting to him new construction, reconstruction, land uses, or possible violations.

(Ord. O-2019-24, passed 9-9-2019)

   No zoning permit shall be issued for the erection, alteration, repair or use of any building or structure, or part thereof, or for the use of any land which is not in accordance with all provisions of this zoning code.

(Ord. O-2019-24, passed 9-9-2019)

   No building, structure, or land or part thereof, shall be hereafter erected, altered, moved, Replaced, repaired, or have any changes of use unless a zoning permit shall have been first issued for such work.

(Ord. O-2019-24, passed 9-9-2019)

   A record of all zoning permits, certificates of zoning compliance, site plans, variances and any/all other records referred to under this zoning code shall be kept on file in the village administrative office. Copies shall be provided per the public records policy/procedures of the village office.

(Ord. O-2019-24, passed 9-9-2019)

   A zoning permit shall be required for any of the following prior to the start of construction as defined:

   (A)   Start of construction. For the purposes of this zoning code, START OF CONSTRUCTION shall be defined as the introduction of any new building materials on site and placed in a position of support, either permanent or temporary, secured or unsecured.

   Example 1: a property owner starts a fencing project in his rear yard. He digs the hole for the posts and has the posts delivered in the back yard. The start of construction begins when the first post is set into a hole. At this time a zoning permit is required. The rationale is that the hole position can be changed easily, but the posts cannot. The permitting process requires a plot plan so that the site can be reviewed by the Village Administrator for placement.

   (B)   Construction or alteration. Construction or alteration of any building or structure, including accessory buildings or structures and temporary or permanent signs.

   (C)   Occupancy and usage. Occupancy and use of vacant land involving alteration, excavation and construction, the platting and/or subdividing of land involving private or public roadways, and/or the installation of public utilities and drainage improvement thereon except agricultural field drainage.

   (D)   Any change in use.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Zoning and compliance certificates. Application for zoning and compliance certificates shall be made in writing to the Village Administrator. Such certificates shall be issued provided it is found that the buildings, structures, land and use thereof, comply with all provisions of this zoning code.

   (B)   Zoning permits. Applications for zoning permits shall be made to the Village Administrator in writing. Such permits shall be issued within ten working days after receipt of all required application materials, and provided it is found that the buildings, structures, land or parts thereof, or the use thereof, comply with all provisions of this zoning code.

   (C)   Expiration. All zoning and compliance permits shall expire at the end of one year after issuance. Permits may be extended at the discretion of the Village Administrator due to seasonal constraints or unforeseen delays, in conjunction with approval by Planning Commission.

   (D)   Immunity. In no instance shall the Village Administrator or the village be liable or responsible for the placement of any building, or structure contrary to the provisions of this zoning code. The village is not subject to the provisions of this zoning code.

(Ord. O-2019-24, passed 9-9-2019)

   No building, structure, land or part thereof, which is hereafter erected, altered, or changed in use, shall be occupied or used unless and until a certificate of zoning compliance shall have been issued for such building, structure or land. An occupancy certificate shall be required for any of the following:

   (A)   Construction/alteration. Construction or alteration of any buildings or structures, including accessory buildings or structures;

   (B)   Change in use. Change in the use of existing buildings, structures, or accessory buildings or structures, to a use or uses, of a different classification;

   (C)   Occupancy. Occupancy and use of vacant land;

   (D)   Land use change. Change in the use of land to a use of a different classification; or

   (E)   Nonconformity. Any change in a nonconforming use.

(Ord. O-2019-24, passed 9-9-2019)

   No person shall knowingly make a false statement with regard to any matter in this zoning code. Various applications, review requirements, and information made necessary are instruments of this zoning code. As such, they are also covered by the falsification policies located in Findlay Municipal Code Chapter 525.02 Falsification.

(Ord. O-2019-24, passed 9-9-2019)

   Buildings or structures accessory to any primary structure shall require separate zoning permits, except when they are required as a condition for approving another request or review. Example: fence required in rear yard for approval with pool.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Appointment. The Village Administrator shall be appointed by the Mayor to enforce this zoning code.

   (B)   Duties of Village Administrator regarding zoning.

      (1)   Powers and duties. The Village Administrator shall have the power to grant zoning permits and issue certificates of zoning compliance and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this zoning code. It shall be unlawful for the Village Administrator to deny or approve any plans or issue any certificates for any excavation, construction or use, buildings, structures, or land, until he has inspected such plans and uses. For approval, they shall conform with this zoning code.

      (2)   Deviation from zoning code. Under no circumstances is the Village Administrator permitted to make changes to this zoning code nor to vary the terms of this zoning code in carrying out his/her duties as Village Administrator.

      (3)   Field inspection. It shall be the duty of the Village Administrator to issue a permit, provided he/she is satisfied that the structure, building, or premises, and the use thereof, conforms with all requirements of this zoning code.

      (4)   Extraneous conditions. The Village Administrator shall not refuse to issue a permit when conditions imposed by this zoning code are complied with by the applicant, despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit.

      (5)   Good standing clause. Applications for any permit, review or other action as provided for in this zoning code may be denied due to the applicant's lack of good standing with the village. GOOD STANDING means there are no pending citations, violations, delinquencies, or matters pending before the municipal court against the applicant. All services and agencies are within the scope of the good standing clause, including but not limited to Zoning, Engineering, Water & Utility Billing, Income Tax Department, Police Department, any Neighborhood Enhancement & Abatement Team (NEAT), and the like. The Village Administrator shall not refuse to issue a permit when issues are not related to the public, such as disputes stemming from interpretations of covenants or private agreements between landowners.

      (6)   Violation of a stop work order. Any person who continues work after a stop work order has been issued shall be subject to the penalties specified in §§ 178.260 through 178.268 and 178.999.

(Ord. O-2019-24, passed 9-9-2019)

   No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement, previously made, when any of the following applies:

   (A)   Statement is made in any official proceeding;

   (B)   Statement is made with purpose to incriminate another;

   (C)   Statement is made with purpose to mislead a public official in performing the official's public duties; or

   (D)   The statement is in writing on or in connection with a report or return that is required or authorized by law.

(Ord. O-2019-24, passed 9-9-2019)

   The Village Administrator shall require that all applications for zoning permits shall be accompanied by plans and specifications, including a property sketch plan, drawn to scale, showing the following:

   (A)   Lot. The actual shape, location, and dimensions of the lot.

      (1)   Physical improvements. The shape, size, and location of all buildings, or other structures to be erected, altered or moved, and of any building or other structures already on the lot.

      (2)   Uses. The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

   (B)   Other information. Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this zoning code are being observed.

   (C)   Survey. Where construction or physical improvement of the land is involved, the lot and location of the buildings to be erected thereon shall be staked out on the ground before construction is started, and all dimensions shown on filed plans shall be based on an actual survey; the location of survey pin markers; a mortgage location certificate; or other official document indicating the physical location of the property line.

(Ord. O-2019-24, passed 9-9-2019)

   So that property owners may be protected from potential errors in the location of buildings, the Village Administrator shall inspect the excavation for structural footers before any concrete is installed. It shall be the responsibility of the property owner to notify the Village Administrator at least 24 hours prior to pouring concrete, and to provide appropriate evidence of the location of lot lines. If an inspection has not been made within 24 hours of the Village Administrator's notice from the property owner, pouring of concrete may commence.

(Ord. O-2019-24, passed 9-9-2019)

   The holders of every zoning permit and compliance certificate for the construction, erection, alteration, repair or moving of any building, structure, land or part thereof, shall notify the Village Administrator for final inspection immediately upon the completion of the work authorized by such permit.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Schedule of fees. The Village Council may from time to time prescribe and amend by ordinance, a reasonable schedule of fees to be charged applicants for inspection, issuance of zoning permits, flood development permits, and the like, and other matters pertaining to the administration and enforcement of this zoning code. No fee shall be required for any compliance certificate.

   (B)   Triple fee. When any work requiring a zoning permit is begun on any building, structure or premises or part thereof, fails to apply for an appropriate zoning permit, the fee for such zoning permit shall be triple that as established by Village Council. This fee is not in lieu of any other fine or penalty, set forth in §§ 178.260 through 178.268 and 178.999, which may result in not obtaining the permit prior to commencing work.

(Ord. O-2019-24, passed 9-9-2019)

   In interpreting and applying the provisions of this zoning code or any amendment thereto, they shall be held to be minimum requirements for the promotion of public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this zoning code to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and is not to conflict with any of the provisions of this zoning code, or which shall be adopted or issued, pursuant to law relating to the use of buildings or premises and likewise not in conflict with this zoning code, nor is it intended by this zoning code to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this zoning code imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such other ordinances or agreements, the provisions of this zoning code shall control.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   General. Whenever the public necessity, convenience, general welfare or good zoning practice require, the Village Council by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to the procedures provided by law, may amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this zoning code or amendments thereof. Amendments initiated by the Planning Commission shall be accompanied by its motion pertaining to such proposed amendment.

   (B)   Applications for amendments and changes.

      (1)   Applications by owners or lessees for amendments or changes to the regulations, district boundaries or classifications of property shall be submitted to the Village Administrator, at its public office, upon such forms and accompanied by such data and information as may be prescribed for that purpose by the Planning Commission. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be re-classified, attesting to the truth and correctness of all facts and information presented with the application.

      (2)   Any person or persons desiring a change in the zoning classification of property shall file, with the application for such change, a statement giving the names and addresses of the owners of all properties contiguous to and directly across the street from any part of the property for which a change in zoning classification is requested.

   (C)   Application fees. At the time that an application for a change of zoning districts is filed with the Planning Commission, as provided herein, there shall be deposited with the village, a fee to cover investigation, legal notices, and other expenses incidental to the determination of such matter. The Village Council may from time to time prescribe and amend by ordinance a reasonable schedule of fees to be charged to applicant for zoning district changes.

(Ord. O-2019-24, passed 9-9-2019)

   Subchapters of this zoning code or any amendment thereto shall be deemed to be severable and should any subchapter, paragraph, or provision be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of this zoning code as a whole or any part hereof, other than the part so declared to be unconstitutional or invalid.

(Ord. O-2019-24, passed 9-9-2019)