(a)   The purpose of this Zoning Code and the intent of Council in its adoption is to promote and protect to the fullest extent permissible under the provisions of the Ohio Revised Code, and as modified by the City Charter, the public health, safety, convenience, comfort and prosperity and the general welfare of the City, by regulating the use of buildings, other structures and land, for residences, public facilities, businesses, services, industries or other purposes; by regulating and restricting the bulk, height, design, percent of lot coverage and location of buildings; and by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the City into districts of a certain number and dimensions and to provide procedures for the administration and the amendment of this Zoning Code.

   (b)   This Zoning Code is intended to achieve, among others, the following objectives:

      (1)   To protect the character and values of residential uses, institutional and public uses, business, commercial and manufacturing uses, and to ensure the orderly and beneficial development of such uses.

      (2)   To provide adequate open spaces for light, air and outdoor uses.

      (3)   To prevent overcrowding of the land.

      (4)   To prevent the indiscriminate removal of trees and other vegetation.

      (5)   To prevent excessive concentration of population and, on the other hand, to prevent sparse and uncoordinated development.

      (6)   To regulate and control the location and spacing of buildings on a lot and in relation to the surrounding property.

      (7)   To regulate the location of buildings and intensity of uses in relation to streets according to plans so as to cause the least interference with, and be damaged least by, traffic movements, and hence result in lessened street congestion and improved public safety.

      (8)   To establish zoning patterns that will ensure economical extensions for sewers, water supply, waste disposal and other public utilities, as well as the development of recreation and other public facilities and schools.

      (9)   To provide the regulatory framework necessary to implement the development and re-development goals set forth in the City Comprehensive Master Plan.

      (10)   To accomplish the specific intents and goals set forth in the respective chapters of this Zoning Code.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   Administer and enforce the provisions of this Zoning Code.

      (2)   Review and make recommendations on applications for zoning text and zoning map amendments.

      (3)   Review and make decisions on minor subdivisions.

      (4)   Review, assimilate recommendations from other City Departments and outside review agencies, and make recommendations to the Planning Commission and City Council on major subdivision applications.

      (5)   Review and make recommendations to the Planning Commission on Development Plan review applications and conditional use permit applications.

      (6)   Review and make recommendations to the Board of Zoning Appeals on variance applications.

      (7)   Review and make decisions on applications for administrative waivers.

      (8)   Review and make decisions on applications for building permits to ensure compliance with this Zoning Code. If the application conforms to all of the applicable provisions of this Code, the Building Commissioner shall have the authority to issue a building permit.

      (9)   Issue a certificate of occupancy permit, after written request from the owner or tenant, for any building or premises existing at the time of enactment of this Code, certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this Code.

      (10)   Refer requests for administrative appeals of decisions to the Board of Zoning Appeals.

      (11)   The Building Commissioner shall keep or cause to be kept, a record of his or her department in regard to any decision, determination or conclusion reached by him or her in connection with the enforcement of this Zoning Code. Such record shall be open to public inspection during regular business hours.

      (12)   Prescribe such rules and forms deemed necessary for the execution of these Zoning Code duties.

      (13)   To make inspections incident to applications made under this Code and responding to complaints, and to determine whether any of the provisions of this Code are being violated, and for such purposes the Building Commissioner at a reasonable time and in a reasonable manner, shall be granted access to and may enter upon all property or structures within the limits of the City. Prior to seeking entry to any property or structure for such examination or survey, the Building Commissioner shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be reasonably obtained, the Building Commissioner shall request the assistance of the City Law Director in securing a valid search warrant prior to entry.

      (14)   If the Building Commissioner determines that any of the provisions of this Zoning Code are being violated, he or she shall have the power to give notices of violations, orders for actions necessary to correct any violations, orders for discontinuance of illegal use of land or structures, orders for removal of illegal structures or of illegal additions, alterations or structural changes, and orders for discontinuance of any illegal work being undertaken.

      (15)   To take any other action specifically authorized by this Zoning Code, or reasonably required for the purposes of administering and enforcing the Code requirements.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   The present use of the building or land.

      (2)   Whether or not such use conforms with this Zoning Code.

      (1)   The Building Commissioner may grant administrative waivers for any area or dimensional regulation that does not exceed ten percent (10%) of the applicable minimum or maximum regulation unless specifically prohibited in this Code. Area and dimensional regulations include, but are not limited to, minimum front, side, and rear yard setbacks; maximum height of structures, etc.

      (2)   Requesting an administrative waiver for a minimum lot area, lot width or development density requirement is prohibited.

      (3)   Requesting an administrative waiver for any sign standard or requirement is prohibited.

   (c)   The applicant shall be required to apply for a variance for any waiver request that exceeds ten percent (10%) or other variations from this Code that do not qualify for administrative waivers.

         A.   An applicant shall submit a request for an administrative waiver on an application form provided by the Building Commissioner.

         B.   An application for an administrative waiver may be submitted simultaneously with a Development Plan review or other required application required under this Zoning Code.

         A.   For applications not filed simultaneously with another zoning application, the Building Commissioner shall review the administrative waiver application within thirty days after the application (Step 1) is determined to be complete.

         B.   For applications that are filed simultaneously with another zoning application, the Building Commissioner shall review the administrative waiver application and make a decision within the timeframe established for the related Development Plan review or other zoning application review.

         C.   In reviewing the application, the Building Commissioner shall, at a minimum, consider the standard of review criteria set forth in this Section.

         D.   In making a decision on the administrative waiver, the Building Commissioner may approve or deny the application and shall provide written documentation of the decision to the applicant.

         E.   Planning Commission Referral. The Building Commissioner may refer the administrative waiver to the Planning Commission, for any reason, to request assistance in determining the reasonableness of an administrative waiver request. When the application is referred to the Planning Commission, the final decision to approve or deny the administrative waiver application shall be the responsibility of the Planning Commission and shall be processed as a regular agenda item.

      (1)   The waiver will allow the proposed development to reflect the predominant development character of the surrounding area, similar uses and properties (e.g., similar setbacks, similar sign areas, etc.).

      (2)   Special circumstances exist that make the precise compliance with the subject standards impractical or unreasonable.

      (3)   The waiver request is minor in nature.

      (4)   The waiver request does not substantially deviate from prior issuances of BZA variances or the development character of the surrounding properties; and

      (5)   The waiver request does not deviate from the overall purpose of this Zoning Code, any applicable planning documents or the intent and objective of the original regulation.

      (1)   The applicant shall submit a completed application for a building permit within one year of the date the administrative waiver was approved or the approval shall expire.

      (2)   Upon expiration of an administrative waiver approval, a new application, including all applicable fees, shall be required before a new administrative waiver may be reviewed.

      (1)   The issuance of an administrative waiver shall authorize only the particular modification approved in the application.

      (2)   An administrative waiver, including conditions, shall run with the land and shall not be affected by change in property ownership.

      (3)   Development activity authorized by an administrative waiver shall not be carried out until the Applicant has secured all other approvals required by this Zoning Code or any other applicable provisions of the City.

      (4)   An administrative waiver shall not ensure subsequent approval for other applications for development approval unless the relevant portions of this Code or other applicable provisions are met.

      (1)   No application for an administrative waiver, which has been denied wholly or in part by the Building Commissioner, shall be resubmitted within one year of such denial, except on grounds of newly discovered evidence or proof, which the Building Commissioner deems sufficient to justify reconsideration.

      (2)   A substantial modification of a request for an administrative waiver may be submitted as a new application, however, without regard to the one year limitation.

      (3)   Before ruling on the new application, the Building Commissioner shall first determine if the modification of the request is substantial.

   (a)   No person shall:

      (1)   Erect, construct, alter, repair or maintain any building or structure, or use any land, in violation of this Zoning Code or the regulations enacted pursuant thereto.

      (2)   Use or occupy any land, or place, build, erect, alter, remodel, restore or rebuild thereon any building or structure, or permit any building or structure to remain on such land, or use, occupy or operate such building or structure, in any way or for any use or purpose which is not permitted by this Zoning Code.

      (3)   Aid, assist or participate with any other person in placing, building, erecting, altering, remodeling, restoring, rebuilding or using any building, structure or land which is not permitted by this Zoning Code.

      (4)   Violate or fail to perform any condition, stipulation or safeguard set forth in any permit issued pursuant to this Zoning Code, or continue to use or occupy any premises or building as previously authorized by such permit beyond the period of time therein stated.

      (5)   Knowingly make any materially false statement of fact in an application for a permit to the Building Commissioner or his or her Deputies or to any board or commission or in any plans or specifications submitted in connection with any application under this Zoning Code.

      (6)   Being an owner or lessee of any premises, knowingly suffer or permit a violation of this Zoning Code to occur or exist on such premises.

      (7)   Violate any provision of this Zoning Code not heretofore set forth in this Section and for which no other specific penalty is provided.

   (b)   A person shall be deemed guilty of a violation of this Zoning Code, punishable as provided in Section 1121.11, if a violation of any of the provisions of this Zoning Code exists in any building or tract of land, and if an order to remove such violation has been served on the owner, agent, lessee or tenant of the building or tract of land, or part thereof, or upon the architect, builder, contractor or any other person who commits or assists in such violation and if such person fails to comply with such order within a reasonable time.

(Ord. 2022-24. Passed 5-24-22.)