This Zoning Code shall be enforced by the Zoning Inspector for the City. Before any zoning permit or certificate of occupancy is issued, the application therefor and any plans accompanying such application shall be examined to ascertain whether the proposed work and use will conform to the provisions of this Zoning Code.

(Ord.79-O-14. Passed 7-24-79.)

   (a)   Permit Required.

      (1)   No person shall start an excavation or erect, alter, enlarge, move or demolish a building or structure without first having obtained a zoning permit therefor from the Zoning Inspector. In the absence of the Zoning Inspector for a continuous period of more than twenty-four hours, the Mayor or the Administrative Director may issue zoning permits and perform the other duties of the Zoning Inspector.

      (2)   A zoning permit issued pursuant to this chapter shall become void if the proposed move, construction, alteration, demolition or change of use for which the permit has been issued is not commenced and completed within one year after the permit is issued. In the event that the above referenced activity is not commenced and completed within one year after the permit is issued, any further or continued construction, alteration, moving or demolition or change of use of the property shall require a new zoning permit in conformity with the then current zoning laws. For the purposes of this section, the work shall be considered completed if the entire exterior of the building has been completed moved, or demolished pursuant to the original plans and pursuant to the building codes that are in effect for the City.

      (3)   This section shall also apply to all outstanding zoning permits that have been issued as of the date of the passage of this section. All previously issued zoning permits shall become void within one year after the date that this section was passed, and all such zoning permits are subject to all the terms and conditions of this section. In the event that the construction is not commenced and completed within one year after the passage of this section, any further or continued construction, demolition, moving, alteration or change of use of the property shall require a new zoning permit in conformity with the then current zoning laws.

(Ord. 94-O-16. Passed 2-14-95; Ord. 2016-O-30. Passed 12-13-16.)

   (b)   Site Plans. Every application for such permit under the provisions of this Zoning Code shall be accompanied by a site plan, drawn to scale, showing the lot, the building site and the location of sewers, septic tanks, sources of water, water lines, any existing buildings on the lots, accurate dimensions of the lots, yards and buildings, together with the location, size and use of any building on adjacent lots within 50 feet from the boundaries thereof, unless separated therefrom by a street, together with such other information as may be necessary to the enforcement of this Zoning Code.

   (c)   Permit Issuance; Variances. Unless the work to be performed clearly complies with the provisions of this Zoning Code, no such permit shall be issued by the Inspector. The Inspector shall not have the power to grant variances or make any exceptions.

(Ord.79-O-14. Passed 7-24-79.)

   (a)   Purpose. The purpose of this section is to provide adequate review by the Planning and Zoning Commission of proposed development in those zoning districts where the uses permitted are of such a nature that they, because of their size, scale and operation, could have an adverse effect on the health, safety and general welfare of the surrounding community without the safeguards of this review. Development plan reviews shall be required for:

      (1)   New construction of all multifamily, condominium, business, industrial, institutional and recreational uses;

      (2)   All conditional uses; and

      (3)   Existing or previously approved developments which propose to increase the number of dwellings or units in a multifamily development, to expand the floor area of commercial, industrial, institutional or recreational uses or to change a use which requires a modification in the amount of parking or the site's circulation.

   (b)   Preliminary Plans. An applicant is encouraged to meet informally with the Zoning Inspector prior to submitting plans to the Planning and Zoning Commission. Additionally, an applicant may request a preliminary plan review by the Planning and Zoning Commission. Preliminary plans should be submitted to the Zoning Inspector ten days prior to the Planning and Zoning Commission meeting to be scheduled on the agenda. Planning and Zoning Commission approval of a preliminary development plan indicates that based on the preliminary information submitted to the Planning and Zoning Commission, the project could satisfy the substantive requirements for the proposed use in the district in which it is to be located and comply with the purpose and basic planning objectives of this Zoning Code. However, such preliminary plan approval does not assure approval of the final development plan. Based on an approved preliminary plan, the applicant may then proceed to prepare final plans in compliance with subsection (c) hereof.

   (c)   Final Development Plan. No zoning permit shall be issued for the addition, construction or use of any building which requires a development plan review pursuant to subsection (a) hereof, except in accordance with a development plan approved by the Planning and Zoning Commission. An application for review of a development plan shall be submitted to the Zoning Inspector. It may be filed by a land owner or a developer on behalf of an owner or a group of owners acting jointly. The Zoning Inspector shall review the application to assure compliance with the submission requirements. If the requirements have not been satisfied, the application shall be returned to the applicant with the deficiencies noted. A final development plan shall include:

      (1)   A property location map and topographical survey of the proposed development area showing the following information: property lines; easements; street rights-of-way; topography lines at two-foot intervals; existing buildings and structures; and landscape features, including existing trees and wooded areas and existing drainage patterns for the subject site and surrounding property.

      (2)   A proposed development plan, appropriately dimensioned and labeled, including: the location and use of buildings; the location of structures on surrounding properties; landscaping and screening; utilities; surface drainage; vehicular and pedestrian circulation, including driveways, access, sidewalks and parking and loading areas; a description of surface materials, including the type of pavement, sidewalks and landscaped areas; and other site improvements, such as lighting, fences and signs.

      (3)   Preliminary floor plans and architectural sketches of buildings and other structures.

      (4)   A summary table showing total acres and the amount of land area devoted to each proposed residential and nonresidential use and streets.

      (5)   Such other reasonable supplemental information as may be required by the Zoning Inspector or the Planning and Zoning Commission.

      (6)   A fee, as established by City Council.

   (d)   Review Procedures.

      (1)   Any administrative review undertaken by City officials or consultants at the request of the Zoning Inspector should be completed and the reports and/or comments made available to the Planning and Zoning Commission at the time of the Commission's review.

      (2)   In reviewing a final development plan, the Planning and Zoning Commission shall consider setbacks; the orientation of buildings, parking areas and other features with respect to the topography of the lot and existing natural features, such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; and the location of the green area provided; bearing in mind the possible effects of irregularly shaped lots and such other matters as the Commission may find to have a material bearing upon the stated standards and objectives of the various district regulations. In approving a development plan, the Planning and Zoning Commission shall find that:

         A.   The appropriate use and value of property within and adjacent to the area will be safeguarded.

         B.   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

         C.   The development will have adequate public service, parking, open spaces and traffic access to the property.

         D.   The plan, to the extent practical, will preserve and be sensitive to the natural characteristics of the site.

         E.   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site, on adjacent property and on the public right of ways that serve the subject property.

         F.   Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, watercourses and drainage areas.

            If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage.

      (3)   The Planning and Zoning Commission may either approve, approve with modifications or reject the proposal. If the Commission finds that a proposed plan of development does not meet the purposes of these regulations, it shall disapprove the plan and shall submit its findings, in writing, together with the reasons therefor, to the applicant. Based on the factors set forth above, the Planning and Zoning Commission may require a traffic impact study of the subject property and the Planning and Zoning Commission may require the developer of the property to comply with the traffic impact study.

      (4)   Failure by the Commission to act within forty-five days from the time the plan has been deemed complete and accepted pursuant to division (c) of this section, or an extended time period agreed upon with the applicant, shall, at the applicant's option, be deemed a denial of the development plan application.

      (5)   A development plan shall remain valid for a period of twelve months following the date of its approval. If, at the end of that time, construction has not been diligently begun, then such development plan shall be considered as having lapsed and shall be of no effect unless it is resubmitted to the Commission and reapproved. All construction and development under any zoning or building permit shall be in accordance with the approved development plan. Any changes in an approved plan shall be resubmitted for approval in accordance with this subsection.

(Ord.96-O-09. Passed 7-9-96.)

   (a)   Defined. “Conditional use” means an unusual use that may be permitted under the provisions of this Zoning Code in certain districts if, in the circumstances of a particular situation, the use is found to not be detrimental to adjacent property and the public welfare, or if, subject to certain conditions, the use can be made to effectively serve the purpose of this Zoning Code.

(Ord.85-O-18. Passed 9-10-85.)

   (b)   Uses Requiring Conditional Use Permits. Conditional use permits are required for certain land uses and no land shall be used for these purposes unless and until a conditional use permit has been issued. Uses requiring a conditional use permit are as follows:

      (1)   Electric power lines carrying more than 5,000 volts, water and gas maims not in public highways, railroad tracks and yards, in all Residential Districts;

      (2)   Cemeteries, commercial greenhouses, golf courses, homes for the aged, hospitals and sanitariums in all Residential Districts;

      (3)   Temporary shelters in all Residential Districts;

      (4)   Certain industrial uses generally prohibited, to be permitted as accessory uses in Industrial Districts;

      (5)   Quarrying and excavating operations for natural resources;

      (6)   Locations providing live entertainment or dancing;

      (7)   Locations of adult entertainment businesses;

      (8)   Locations of automobile service stations;

      (9)   Yacht clubs;

      (10)   Restaurants and temporary food concessions as follows:

         A.   Restaurants or eating establishments in the Recreational Park Districts, provided that the restaurant shall complement the park and ensure that the integrity of the use of the property as a recreational park shall be maintained, and provided, further, that the primary function of such restaurant shall be the preparation, sale and serving of food for consumption within the restaurant building and not for take-out or fast foods;

         B.   Temporary food concession within the Recreational Park District, upon the recommendation of the Parks and Recreation Board, provided that such use is intermittent and/or occasional, and for a temporary specified period of time;

      (11)   Locations of businesses that provide commercial entertainment that is primarily directed at minors between the ages of thirteen and seventeen years of age, whether the entertainment is live entertainment or not and whether the entertainment is provided on an exclusive basis or on an intermittent basis. No conditional use permit will be issued to such a business if the business also has a license from the State of Ohio to sell liquor or other alcoholic beverages at the location of such a business. A business may host parties or events at the business location, provided that the parties or events are private and not open to the general public.

      (12)   Other lawful uses that may not be specified as an allowable use in the land use categories under this Zoning Code, where such uses meet the requirement contained in the definition in division (a) of this section.

(Ord.89-O-21. Passed 11-28-89; Ord.91-O-09. Passed 1-14-92.)

   (c)   Zoning Permits. An application for a zoning permit for any of the buildings or uses listed in division (b) of this section shall not be granted, and no zoning permit shall be issued, until a conditional use permit has been applied for and issued.

   (d)   Applications and Hearings. An application for a conditional use permit shall be filed with the Zoning Inspector who shall present the application to the Planning and Zoning Commission. When such application is received by the Commission, the Commission shall set a date, time and place for a public hearing. Notice of the date, time and place of the public hearing on each such application shall be published once a week for two successive weeks, prior to the public hearing, in a newspaper of general circulation in the City.

      (1)   The Planning and Zoning Commission shall have the power to issue conditional use permits. In deciding whether or not to grant an application for a conditional use permit, the Commission shall determine how the community will be affected if the proposed use is carried out under the specific and limiting standards established for the conditional use. The Commission shall make a determination, based on the evidence presented at the hearing referred to in division (d) of this section, as to how the appropriate use of neighboring property may or may not be injured by the proposed use.

      (2)   Appropriate conditions and safeguards shall be specified in the permit in order to promote the general welfare, preserve the existing character of the district, protect adjacent property and maintain the general purpose and intent of this Zoning Code, including that any delinquent property taxes on the property be paid in full prior to the issuance of the conditional use permit by the Planning Commission.

(Ord. 2021-O-12. Passed 5-25-21)

   (f)   Expiration and Renewal. Any conditional use permit issued by the Commission shall specify thereon the time period for which the permit is issued. At any time prior to the expiration of such permit, the permit holder may apply for a renewal of the permit. The Commission, by motion duly made and adopted, may renew the permit with existing conditions or may specify additional conditions as may be required.

   (g)   Transfer of Permit Prohibited. No conditional use permit issued by the Commission shall be transferred or assigned by the permit holder to any other party. Any other party desiring to use property for which a conditional use permit has been issued shall apply for a new permit pursuant to the provisions of this section.

   (h)   Revocation of Permit. A conditional use permit will become void if the use for which it is intended is not commenced within a six-month period after the date of approval. The City may revoke a conditional use permit upon written evidence submitted by any resident or official of a violation of this Zoning Code or of the terms and conditions upon which approval was granted.

(Ord.85-O-18. Passed 9-10-85.)

   When any uses, processes or products designated as permitted uses under the provision of this Zoning Code do not specifically include a use for which there is an application, the application shall be referred to the Planning and Zoning Commission for a determination as to the appropriate classification. Such determination shall be based upon data as to similarity to other uses, the amount of objectionable noise, vibration, smoke, dust or odors that may be created by the particular operation, the amount of traffic generated, and other conditions that may be created by the particular use or process that may adversely affect the adjacent neighborhoods. Solutions to such problems and assurances of effective control shall be furnished before the application is approved.

(Ord.79-O-14. Passed 7-24-79.)

      (1)   Occupancy and use of a building erected, altered, repaired, rebuilt or moved after September 14, 1955;

      (2)   A change in use of an existing building to a use of a different classification; or

      (3)   Any change in use of a nonconforming use.

      (1)   A Certificate of Occupancy for a new building or the enlargement or alteration of an existing building shall be applied for at the same time as the application for a Zoning Permit, and such Certificate of Occupancy shall be issued by the Zoning Inspector after the request for the same has been made in writing to the Inspector and after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Zoning Code.

      (2)   Pending the issuance of a regular Certificate of Occupancy, a Temporary Certificate of Occupancy may be issued by the Zoning Inspector for a period not exceeding 180 days, during the completion of alterations or during partial occupancy of a building pending its completion. Such Temporary Certificate of Occupancy shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises, or any other matter covered by this Zoning Code, and such Temporary Certificate of Occupancy shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

      (3)   A Temporary Certificate of Occupancy shall not be issued to a multifamily or condominium or business or industrial or institutional or recreational or conditional use that would allow it to open for business or to begin transactions with the public until the Zoning Inspector has confirmed and determined in writing that all of conditions that are set forth in any Final Development Plan and/or Final Development Agreement for the project have been performed by the Developer/Applicant. In the event that any conditions in the Final Development Plan or Final Development Agreement have not been met, the Developer/Applicant may submit an application to the MOL Planning & Zoning Commission for a waiver/exemption of the requirement(s) before business may be transacted with the public.

      (1)   All applications for a Certificate of Occupancy and/or a Temporary Certificate of Occupancy shall be made on a printed form to be furnished by the Zoning Inspector and shall contain accurate information and dimensions as to the size and location of the lot, the size and location of the buildings or structures on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary to provide for the enforcement of this Zoning Code.

      (2)   The Certificate of Occupancy shall state that the building or proposed use of a building or land conforms to the provisions of this Zoning Code.

(Ord. 79-O-14. Passed 7-24-79; Ord. 2024-O-04. Passed 5-28-24.)

   (a)   Authorization. Whenever the public health, safety, necessity, convenience, comfort, prosperity or general welfare, or good zoning practice justifies such action, and after consideration and action by the Planning and Zoning Commission, Council may, by ordinance, amend the districts or the regulations established by this Zoning Code.

   (b)   Initiation. A proposed amendment of the Zoning Code or Map may be initiated by the Commission or Council. If initiated by Council, it shall be referred to the Commission. It may be initiated at the request of any person having a direct interest in the premises affected, in which event the proposed amendment shall be in the form of a petition and accompanied by a plan drawn to scale, addressed to and filed with the Commission.

   (c)   Action by Commission. The Commission shall be allowed not less than ten nor more than 90 days for consideration and action on a proposed amendment, unless Council, by resolution, extends such period.

   (d)   Action by Council. If the proposed amendment is approved, either in whole or in part, after 30 days' notice by publication in a newspaper of general circulation in the City, the first publication to be not less than 30 days prior to the hearing thereon, Council may adopt the ordinance amending the Zoning Code or Map by a majority vote of Council.

   Zoning permits or certificates of occupancy shall not be issued for any building, structure, use or change of use during the period in which an ordinance or other measure which would forbid the action authorized by such permit or certificate is pending before Council or recommended to Council by the Planning and Zoning Commission, provided, however, that no such permit or certificate shall be withheld for more than ninety days after application because such ordinance has not yet had final action by Council.

(Ord.79-O-14. Passed 7-24-79.)

   A record of all applications for zoning permits and certificates of occupancy issued shall be kept in the office of the Zoning Inspector and copies shall be furnished on request to any person having an interest in the property to which they apply.

(Ord.79-O-14. Passed 7-24-79.)

   All officials and employees of the City who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Zoning Code and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this Zoning Code. Any permit or license issued in conflict with the provisions of this Zoning Code shall be null and void.

(Ord.79-O-14. Passed 7-24-79.)

   The following fees are hereby established for collection in advance by the Zoning Inspector, who, upon receipt of such fees, shall notify the proper board or commission:

   (a)   The fees for zoning permits shall be as follows:

   (1)   New house (residential)            $100.00

   (2)   Commercial building (per unit)         $100.00

   (3)   Addition and/or alteration            50.00   for less than 600 square feet and
                           100.00   for 600 square feet or greater

   (4)   Attached or detached garage         50.00

   (5)   Any device that uses combustible material for heat or ambiance within a structure, including wood and pellet burners                  20.00

   (6)   Fence                     40.00

   (7)   Shed/utility building regardless of size      40.00

   (8)   Decks/slab patios               50.00

   (9)   Moving of building, in addition to

      fee for addition and/or alteration:

      A.   On rollers on any public street   500.00

      B.   Without traversing any public

         street or portion thereof      50.00

      C.   On a carryall on any public

         street or portion thereof      150.00

   (b)   The fee for filing an application with the Planning and Zoning Commission for re- zoning, including docketing, publication costs, hearings and all other items shall be two hundred dollars ($200.00).

   (c)   The fee for the filing of conditional use permits with the Planning and Zoning Commission shall be two hundred twenty-five dollars ($225.00).

   (d)   The fee for filing an appeal to the Board of Zoning Appeals shall be two hundred dollars ($200.00).

   (e)   A zoning permit shall be required for the demolition of a building and the fee for a demolition permit shall be seventy-five dollars ($75.00).

(Ord. 96-O-13. Passed 7-23-96; Ord. 2016-O-31. Passed 12-13-16; Ord. 2019-O- 06. Passed 5-28-19; Ord. 2021-O-07. Passed 3-23-21.)

   (a)   All fence permit applications shall be subject to the approval of the Zoning Inspector. In Garden-Type and Elderly Apartment, Condominium, Garden, Business Districts I and II, Office Building, Industrial, Yacht Club, and Recreational Park Districts, the Planning and Zoning Commission shall have the authority to set display and type of fences, and the decision of such Commission in such regard shall be final and binding.

   (b)   No fence permit shall be issued in any district by the Zoning Inspector unless the fence to be erected conforms to the requirement that the finished or decorative side of the fence faces away from the lot upon which the fence is being erected.

   (c)   No fence shall hereafter be erected, constructed, altered, relocated, rebuilt or repaired by any person until an application has been filed with, and a permit issued by, the Zoning Inspector. A fence repair exemption to this permit requirement may be granted pursuant to the provisions of division (d) below.

   (d)   The Zoning Inspector may grant the applicant for a fence repair an exemption from obtaining and paying for a fence permit if the Zoning Inspector determines that the fence repair is the repair of a deteriorated or broken fence and that the repair method utilizes the exact same location for the fence and the same type of fence material, size, style, and shape of the existing fence and the repair does not exceed 33% of one single side length of the current fencing. In order to obtain this exemption, the owner, occupant or fence repair person must still apply for a fence permit but during that process request an exemption because the proposed repair meets the requirements of this division (d).

(Ord. 91-O-11. Passed 6-25-91; Ord. 2022-O-14. Passed 10-11-22.)

   (a)   Whoever violates or fails to comply with any of the provisions of this Zoning Code is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) and shall be sentenced to no more than 30 days in jail. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (b)   The erection, construction, enlargement, alteration, conversion, repair, moving, use or maintenance of any building or structure and the use of any building which is continued, operated or maintained contrary to any of the provisions of this Zoning Code is hereby declared to be a violation of this Zoning Code and unlawful. The Law Director shall, immediately upon any such violation having been called to his attention, institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation. Such action may also be instituted by any property owner who may be especially damaged by any violation of this Zoning Code. The remedy provided for in this division shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Ord.79-O-14. Passed 7-24-79; Ord 2001-O-01. Passed 3-13-01.)