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Miamisburg City Zoning Code

CHAPTER 1232

Administration, Enforcement and Penalty

1232.01 ZONING AUTHORIZATION REQUIRED.

   No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use, without authorization therefor issued by the Zoning Inspector. Zoning authorization shall be issued only in conformity with the provisions of this Zoning Code unless the Zoning Inspector receives a written order from the Board of Zoning Appeals deciding an appeal or variance or from City Council approving a Planned Unit Development District or special use, as provided by this Zoning Code.
(Ord. 2712. Passed 8-1-78.)

1232.02 CONTENTS OF APPLICATION FOR ZONING AUTHORIZATION.

   The application for zoning authorization shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the authorization shall expire and may be revoked if work has not begun within one year or substantially completed within two and one-half years. At a minimum, the application shall contain the following information:
   (a)   The name, address and telephone number of the applicant.
   (b)   A legal description of the property.
   (c)   The existing use of the property.
   (d)   The proposed use of the property.
   (e)   The zoning district.
   (f)   Plans in triplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration.
   (g)   Building heights.
   (h)   Number of off-street parking spaces or loading berths.
   (i)   Number of dwelling units.
   (j)   Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Zoning Code. (Ord. 2712. Passed 8-1-78.)

1232.03 APPROVAL OF ZONING.

   Within fifteen days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Zoning Code. Zoning authorization shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Inspector, after the Zoning Inspector shall have marked such copy either as approved or disapproved and attested to the same by his or her signature on such copy. One copy of the plans, similarly marked, shall be retained by the Zoning Inspector. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Zoning Code. The third copy will be filed with the City Clerk. (Ord. 2712. Passed 8-1-78.)

1232.04 SUBMISSION OF NOTICE TO STATE DIRECTOR OF TRANSPORTATION.

   Before zoning authorization is granted affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or any land within a radius of 500 feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail, to the Director of Transportation that he or she shall not grant zoning authorization for 120 days from the date that the notice is received by the Director of Transportation. If the Director of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest, or upon the expiration of the 120-day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of this Zoning Code, grant zoning authorization.
(Ord. 2712. Passed 8-1-78.)

1232.05 CERTIFICATES OF OCCUPANCY REQUIRED; APPLICATION; ISSUANCE.

   (a)   Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy shall have been issued therefor by the Zoning Inspector, stating that the proposed use of the building or land conforms to the requirements of this Zoning Code.
   (b)   Application. Every application for a building permit or zoning authorization shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land when no building permit is required shall be made directly to the Zoning Inspector.
   (c)   Issuance. The occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the Zoning Inspector is notified in writing that the building or premises are ready for occupancy.
(Ord. 2712. Passed 8-1-78.)

1232.06 TEMPORARY CERTIFICATES OF OCCUPANCY.

   A temporary certificate of occupancy may be issued by the Zoning Inspector for a period not exceeding six months during alterations or partial occupancy of a building pending its completion.
(Ord. 2712. Passed 8-1-78.)

1232.07 RECORD OF CERTIFICATES OF OCCUPANCY.

   The Zoning Inspector shall maintain a record of all certificates of occupancy and copies shall be furnished upon request to any person upon payment of prevailing reproduction costs.
(Ord. 2712. Passed 8-1-78.)

1232.08 FAILURE TO OBTAIN CERTIFICATES OF OCCUPANCY.

   Failure to obtain a certificate of occupancy shall be a violation of this Zoning Code and punishable under Section 1232.99.
(Ord. 2712. Passed 8-1-78.)

1232.09 COMPLIANCE WITH APPLICATIONS, PLANS, PERMITS AND CERTIFICATES.

   Zoning authorization or certificates of occupancy issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this Zoning Code, and punishable as provided in Section 1232.99.
(Ord. 2712. Passed 8-1-78.)

1232.10 COMPLAINTS RE 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 Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate it and take action thereon as provided by this Zoning Code.
(Ord. 2712. Passed 8-1-78.)

1232.11 SCHEDULE OF FEES, CHARGES AND EXPENSES.

   Fees for applications for special uses, zoning code and text amendments, special uses, Flood Hazard District development, appeals and variances, and certificates of occupancy shall be provided for in Part Two – Title Two, Chapter 214 of the Administration Code of these Codified Ordinances. Said fee amounts shall be based upon the administrative costs associated with processing said applications.
(Ord. 2712. Passed 8-1-78; Ord. 5502. Passed 2-6-01; Ord. 6575. Passed 3-15-16.)

1232.12 DUTIES OF ZONING INSPECTOR.

   For the purpose of this Zoning Code, the Zoning Inspector shall have the following duties:
   (a)   Upon finding that any of the provisions of this Zoning Code is being violated, he or she shall notify in writing the person responsible for such violation ordering the action necessary to correct such violation.
   (b)   Order discontinuance of illegal uses of land, buildings or structures.
   (c)   Order removal of illegal buildings or structures or illegal additions or structural alterations.
   (d)   Order discontinuance of any illegal work being done.
   (e)   Take any other action authorized by this Zoning Code to ensure compliance with or to prevent violation of this Zoning Code. This may include the issuance and action on zoning and certificate or occupancy permits and such similar administrative duties as are permissible under the law.
(Ord. 2712. Passed 8-1-78.)

1232.13 PLANNING COMMISSION; PROCEEDINGS AND RESPONSIBILITIES.

   (a)   Proceedings. The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Code. Meetings shall be held at the call of the Chairperson and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Commission.
   (b)   Responsibilities. For the purpose of this Zoning Code, the Commission shall have the following duties:
      (1)   Initiate proposed amendments to this Zoning Code.
      (2)   Review all proposed amendments to this Zoning Code and make recommendations to City Council, as specified in Chapter 1238.
      (3)   Review all planned unit developments and make recommendations to the City Council as provided in Chapters 1276 and 1278.
      (4)   Review special use permits as specified in the Official Schedule of District Regulations and under the conditions specified in Chapters 1294 and 1296 and such additional safeguards as will uphold the intent of this Zoning Code.
(Ord. 2712. Passed 8-1-78.)

1232.99 PENALTY.

   Whoever violates or fails to comply with any of the provisions of this Zoning Code, including conditions and safeguards established in various sections of this Zoning Code, shall be fined not more than one hundred dollars ($100.00) or imprisoned for not more than thirty days, or both. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure or premises, or part thereof, and any architect, building contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2712. Passed 8-1-78.)