Millersburg City Zoning Code

TITLE THREE

Administration and Enforcement

1131.01 PLANNING AND ZONING BOARD ESTABLISHED.

Pursuant to Sections 711 and 713 of the Ohio Revised Code, there is hereby established a Planning and Zoning Board in and for the Village of Millersburg. Pursuant to ORC Section 713.11, the Planning and Zoning Board shall serve as, and is hereby granted the authority of both Village Planning Commission and Board of Zoning Appeals. Such Board shall have seven (7) members, consisting of the Mayor, two (2) members of Village Council, and four (4) residents of the Village, all to be appointed by the Mayor with the approval of Village Council. Such members shall be appointed for terms of six (6) years, except for the term of one of the members of the first Board shall be four (4) years and one for two (2) years. All vacancies shall be filled by the Mayor, with the approval of Council.

(Ord. 2004-111. Passed 7-26-04.)

1131.02 REMOVAL OF MEMBERS.

Members of the Board shall be removable for non-performance of duty, misconduct in office, or other cause by the Village Council.

(Ord. 2004-111. Passed 7-26-04.)

1131.03 QUORUM.

Four (4) members of the Board shall constitute a quorum. Any action by the Board must be by a concurring vote of the majority of the total Board membership.

(Ord. 2004-111. Passed 7-26-04.)

1131.04 PROCEDURES OF PLANNING AND ZONING BOARD.

(a) The meetings of the Board shall be public. However, the Board may go into executive session, as permitted by ORC Section 121.22, as amended, for discussion but not for vote on any case before it. The Board shall organize annually and elect a Chairman, and Vice- Chairman. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of the Planning and Zoning Code.

(b) The Board 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 action, all of which shall be a public record.

(c) The Board may call upon the various departments of the Village, or outside consultants hired for the specific purpose, for assistance in the performance of its duties. It shall be the duty of such departments to render assistance to the Board as may reasonably be required.

(Ord. 2004-111. Passed 7-26-04.)

1131.05 POWERS AND DUTIES OF PLANNING AND ZONING BOARD.

For the purposes of the Planning and Zoning Code, the Board is hereby designated as the platting authority of the Village of Millersburg and shall have the powers and authority granted under Chapters 711, 713 and 735 of the Ohio Revised Code, including the following specific responsibilities:

(a) Take actions to approve, approve with modification or disapprove subdivisions, as authorized by the Planning and Zoning Code.

(b) Review all proposed amendments to the Planning and Zoning Code in accordance with 1137, and make recommendations to the Village Council.

(c) Authorize such variances from the terms of the Planning and Zoning Code as will not be contrary to the public interest, where, owing to the special conditions of the land, a literal enforcement of the Planning and Zoning Code will result in unnecessary hardship, in accordance with the provisions of Chapter 1139.

(d) Hear and decide appeals where it is alleged there is an error in any order, requirements, decision, or determination made by the Zoning Inspector.

(e) Declare a zoning permit null and void pursuant to Section 1133.11.

(f) Grant zoning permits for conditional uses as specified in the district regulations and establish such additional safeguards as will uphold the intent of the Planning and Zoning Code.

(g) Authorize the substitution or extension of nonconforming uses, as specified in Chapter 1145.

(h) Prepare and present a zoning plan for newly annexed territory, pursuant to Section 1153.04.

(i) Such other powers and duties as specified in the other Chapters of the Planning and Zoning Code.

In exercising its duties, the Board may, as long as such action is in conformity with the terms of the Planning and Zoning Code, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on variation in the application of the Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1131.06 OFFICE OF ZONING INSPECTOR ESTABLISHED.

The Zoning Inspector, who shall be appointed by Village Council, shall enforce the provisions of this Ordinance. All officials and employees of the Village shall assist the Zoning Inspector by reporting any new development of land, construction, reconstruction, or apparent violations to the Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1131.07 RELIEF FROM PERSONAL LIABILITY.

The Zoning Inspector, and any officer or employee who acts in good faith and without malice in the discharge of his/her duties during enforcement of the Planning and Zoning Code is relieved of personal liability subject to the provisions of Chapter 2744 of the Ohio Revised Code.

(Ord. 2004-111. Passed 7-26-04.)

1131.08 DUTIES OF ZONING INSPECTOR.

For the purposes of the Planning and Zoning Code, the Zoning Inspector shall have the following duties:

(a) Enforce the provisions of the Planning and Zoning Code and take such steps as may be necessary to remedy conditions found in violation. Such steps include ordering, in writing, the discontinuance of illegal uses or work in progress, and directing cases of noncompliance to appropriate Village official(s) for action.

(b) Coordinate the submittal and processing of applications and material so as to fulfill the requirements of the Planning and Zoning Code.

(c) Issue zoning permits when the provisions of the Planning and Zoning Code have been met, or refuse to issue same in the event of noncompliance.

(d) Report to the Planning and Zoning Board on a regular basis on development activity that has occurred in the Village.

(e) Collect the designated fees as established for zoning permits, applications for appeals and conditional uses.

(f) Make and keep all records necessary and appropriate to the office including records of issuance and denial of zoning permits and receipt of complaints of violation of the Planning and Zoning Code and action taken on same.

(g) Inspect any buildings or lands to determine whether any violations of the Planning and Zoning Code have been committed or exist.

(h) Advise the Planning and Zoning Board of other matters pertaining to the enforcement of and amendments to the Planning and Zoning Code.

(i) Other duties directly pertaining to the enforcement of the Planning and Zoning Code that may be assigned by Village Council.

(Ord. 2004-111. Passed 7-26-04.)

1131.09 POWERS OF ZONING INSPECTOR, PLANNING AND ZONING BOARD, AND VILLAGE COUNCIL ON MATTERS OF APPEAL.

It is the intent of the Planning and Zoning Code that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Planning and Zoning Board only on appeal from the decision of the Zoning Inspector. It is further the intent of the Planning and Zoning Code that the powers of Village Council in connection with the Planning and Zoning Code shall not include hearing and deciding questions of interpretation and enforcement that may arise. Village Council shall not have the authority to overrule the decisions of the Planning and Zoning Board and/or the Zoning Inspector on such matters of appeal or variance. The procedure for deciding such questions shall be as stated in Chapter 1139.

(Ord. 2004-111. Passed 7-26-04.)

1133.01 ZONING PERMITS.

No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a zoning permit therefor, issued by the Zoning Inspector. The zoning permit shall certify that the proposed action is in conformance with the Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1133.02 CONDITIONS UNDER WHICH A ZONING PERMIT IS REQUIRED.

A zoning permit is required for any of the following:

(a) Occupancy and/or use of vacant land.

(b) Construction or structural alteration of any building or structure, including accessory buildings.

(c) Change in use of an existing building or structure to a use not listed as a permitted use in the zoning district where the building or structure is located.

(Ord. 2004-111. Passed 7-26-04.)

1133.03 APPLICATION FOR ZONING PERMIT.

Applications for a zoning permit shall be obtained from the Zoning Inspector. The application shall contain the following information:

(a) Name, address, and telephone number of the applicant.

(b) Legal description of property, as recorded in Holmes County Recorder's office.

(d) Zoning district in which property is located.

(e) Plans and/or drawings drawn to approximate scale, showing the dimensions and shape of the lot to be built upon; and the dimensions and location of existing and/or proposed structures or alterations.

(f) Height of proposed structures or alterations.

(g) Number and dimensions of existing and proposed off-street parking or loading spaces, if applicable.

(h) Such other material as may be requested by the Zoning Inspector to determine conformance with, and provide for the enforcement of the Planning and Zoning Code.

Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a survey of the lot by a registered surveyor. In particular cases, the Zoning Inspector may reduce the submittal requirements for applications, when the scope and scale of the proposed action warrants.

(Ord. 2004-111. Passed 7-26-04.)

1133.04 APPROVAL OF ZONING PERMITS.

Within 30 days after the receipt, the application shall be either approved or disproved by the Zoning Inspector, unless the provisions of Section 1133.05, or other specific sections of the Planning and Zoning Code apply. In taking action on a zoning permit application, the Zoning Inspector may bring the specific case to the Planning and Zoning Board for input. All zoning permits shall be conditional upon the commencement of work within one (1) year. One (1) copy of the application shall be returned to the applicant by the Zoning Inspector, after such copy is marked as either approved or disapproved and attested to same by the signature of the Zoning Inspector, or his/her designated agent, on such copy. In the case of disapproval, the Zoning Inspector shall state on the returned plans the specific reasons for disapproval. Two (2) copies of plans, similarly marked, shall be retained by the Zoning Inspector. One (1) copy retained by the Zoning Inspector shall be forwarded to the County Auditor upon issuance of a Certificate of Zoning Compliance along with one (1) copy of the application. 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 alternation is in conformance with the provisions of the Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1133.05 SUBMISSION TO THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION.

Before any zoning permit is issued 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 the Department 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 or certified mail to the Director of the Department of Transportation. The Zoning Inspector shall not issue a zoning permit for 120 days from the date the notice is received by the Director of the Department of Transportation. If the Director of the Department of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of the Department of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest thereof agreed upon by the Director of the Department of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provision of the Planning and Zoning Code, issue the zoning permit in conformance with the provisions of Section 1133.06.

(Ord. 2004-111. Passed 7-26-04.)

1133.06 RECORD OF ZONING PERMIT.

A record of all zoning permits shall be kept on file in the office of the Zoning Inspector and copies shall be furnished upon request to any persons having proprietary or tenancy interest in the building or land affected.

(Ord. 2004-111. Passed 7-26-04.)

1133.07 EXPIRATION OF ZONING PERMITS.

If the work described in any zoning permit has not begun within one (1) year from the date of issuance thereof, or has not been completed within two (2) years from the date of issuance thereof, said permit shall expire; it shall be revoked by the Zoning Inspector. Written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new zoning permit has been obtained or an extension has been granted by the Planning and Zoning Board.

(Ord. 2004-111. Passed 7-26-04.)

1133.08 CERTIFICATE OF ZONING COMPLIANCE REQUIRED.

It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building, structure or land conforms to the requirements of the Planning and Zoning Code. The Zoning Inspector shall maintain a record of all Certificates of Zoning Compliance and a copy of any individual certificate shall be furnished upon request to the occupant or his/her legally authorized representative.

(Ord. 2004-111. Passed 7-26-04.)

1133.09 APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE.

Certificates of Zoning Compliance shall be applied for by the applicant giving written notice to the Zoning Inspector that the exterior erection or structural alteration of such building or structure shall have been completed in conformance with the provisions of the Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1133.10 APPROVAL OF HEALTH DEPARTMENT REQUIRED.

If the property in question is not served by public water and sewer and the proposed project requires water and/or sewage disposal, a Certificate of Zoning Compliance shall not be issued by the Zoning Inspector until approval of the water and sewage disposal systems have been given by the Holmes County Health Department, or Ohio Environmental Protection Agency.

(Ord. 2004-111. Passed 7-26-04.)

1133.11 VOID ZONING PERMITS.

A zoning permit shall be void if any of the following conditions exist:

(a) The zoning permit was issued by the Zoning Inspector contrary to the provisions of the Planning and Zoning Code .

(b) The zoning permit was issued based upon a false statement by the applicant.

When a zoning permit has been declared void for any of the above reasons by the Planning and Zoning Board, written notice of its revocation shall be given by certified mail to applicant, sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure, or land cease, unless and until a new zoning permit has been issued. (Ord. 2004-111. Passed 7-26-04.)

1135.01 SCOPE.

It shall be unlawful for any person, organization or entity to subdivide any land within the Village, or within any area over which the Village has subdivision jurisdiction, unless said subdivision complies with the regulations herein contained. No plat shall be recorded and no land or lot shall be sold until said plat has been approved as herein required. All land contracts and/or long term leases affecting a present or future subdivision of land, as defined in Chapter 1113, shall be subject to the requirements of the Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1135.02 PRE-APPLICATION MEETING.

Prior to preparation of a preliminary plat, an owner and/or applicant shall meet with the Planning and Zoning Board to introduce his/her proposal, familiarize himself/herself with the provisions of this Code, the Comprehensive Plan and other applicable requirements.

(Ord. 2004-111. Passed 7-26-04.)

1135.03 SUBMITTAL OF APPLICATION FOR PRELIMINARY PLAT.

The Owner/Developer and/or applicant shall submit ten (10) copies of the preliminary plat to the Zoning Inspector at least ten (10) days prior to the date of the Planning and Zoning Board's meeting. The material required for submittal shall be as follows:

(a) Proposed name of the subdivision and its location;

(b) Names and addresses of owners and developers;

(d) Date, north arrow and plan scale. Scale shall be one inch equals 100 feet or larger scale;

(e) Boundary lines of the proposed development and the total acreage encompassed therein;

(f) Locations, widths and names of all existing public streets or other public ways, railroad and utility rights of way or easements, parks and other public open spaces.

(g) Existing sewers, water mains, culverts and other underground facilities within the tract, adjacent to the tract or that will be used in developing the tract, indicating pipe sizes, grades and locations;

(h) The adjoining lines of adjacent tracts, parcels or lots, and names of property owners, and, in the case of a replat of an existing subdivision, the existing lot lines;

(i) Existing zoning;

(j) Existing drainage channels, wooded areas, watercourses and other significant physical features, including topography with contour lines based on USGS data at not more than a two (2) foot difference in elevation.

(k) Layout of proposed streets, including their names and rights of way, easement sewers, waterlines, culverts and other major improvements;

(l) Layout, numbering and dimensions of lots.

(m) Parcels of land intended to be dedicated or temporarily reserved for public use or reserved by deed covenant with the conditions proposed for such covenant, and for the dedications;

(n) Tentative street grades and sewer size and slope;

The applicant may present additional plans, renderings or other supportive material as is desired by the applicant.

Upon receipt, the Zoning Inspector shall transmit one (1) copy of the application for the preliminary plat to the Village Administrator, and other local entities as he/she deems appropriate. Each such entity shall review the application and submit recommendations to the Planning and Zoning Board.

(Ord. 2004-111. Passed 7-26-04.)

1135.04 MINOR SUBDIVISIONS.

Notwithstanding the provisions of Section 1135.03 above, if the Zoning Inspector determines that the proposed subdivision of land complies with the following conditions, it shall be classified as a minor subdivision

(a) Adjoins an existing public street and does not involve opening, widening, extension or improvement of any roadway or the installation of any public utilities, and

(b) Creates no more than five (5) lots, and

(d) Complies with the applicable zoning regulations of the Village.

If the subdivision is classified as a minor subdivision, only such drawings and information as is determined necessary by the Zoning Inspector to determine compliance with pertinent platting, zoning and other regulations need to be submitted for approval. In determining compliance with these standards, the Zoning Inspector may seek input from other departments of the Village. If the public water and sewer is not available, the application materials must contain approval of the Holmes County Board of Health. The Zoning Inspector shall submit the application for a minor subdivision to the Village Administrator, along with a recommendation for approval or disapproval.

The Village Administrator may approve or disapprove said minor subdivision by indicating upon the preliminary plan "Approved (Disapproved) Village of Millersburg Planning and Zoning Board - No Plat Required”. One (1) copy of the preliminary plan, with such notation thereon, shall be retained for the files of the Planning and Zoning Board.

After approval of a minor subdivision by the Village Administrator, the owner /applicant may submit a deed or deeds describing lots by metes and bounds, which shall conform to the approved preliminary plan. The Village Administrator shall approve such conveyances if they conform to the preliminary plan by noting on said deed or deeds "Approved, Village of Millersburg Planning and Zoning Board - No Plat Required”

(Ord. 2004-111. Passed 7-26-04.)

1135.05 RECOMMENDATION BY PLANNING AND ZONING BOARD.

The Board shall review and make recommendations on the submitted preliminary plat not later than the second regular meeting following receipt of the review by the Village Administrator. In reviewing the preliminary plat, the Planning and Zoning Board may seek the input of other Village departments, or consultants retained for that purpose. The cost of all reviews deemed necessary by the Board shall be paid by the applicant.

The Planning and Zoning Board may recommend to Village Council that the submitted preliminary plat be approved, disapproved, or approved with modification. In making its recommendation to Village Council, the Planning and Zoning Board shall respond to the criteria cited in Section 1135.06 (a) through (d) below.

(Ord. 2004-111. Passed 7-26-04.)

1135.06 ACTION BY VILLAGE COUNCIL.

Village Council shall take action on the preliminary plat not later than thirty (30) days after receipt of the recommendation from the Planning and Zoning Board, or within such further time as is agreed to by the applicant. A preliminary plat shall not be approved unless the Village Council finds that:

(a) The proposed subdivision complies with the provisions of the Ohio Revised Code, these regulations and other codes and ordinances of the Village as applicable, and

(b) The preliminary plat is in general compliance with the Comprehensive Plan of the Village, and

(d) All land intended for building sites can be used safely and without endangering the health and safety of the residents by peril from floods, erosion, continuously high water table, poor soil conditions or other menace.

Approval of the preliminary plat shall confer upon the applicant the right for a two (2) year period from the date of approval that the general terms and conditions under which approval was granted will not be changed, and that within the two (2) year period, the whole, part or parts of the preliminary plat may be submitted for final approval.

(Ord. 2004-111. Passed 7-26-04.)

1135.07 FINAL PLAT SUBMITTAL.

Upon approval of the preliminary plat, a final plat may be submitted for land being subdivided. The final plat shall be drawn to a scale of one (1) inch to one-hundred feet, on a sheet or sheets 24 by 36 inches in size, or other size and scale as determined appropriate by the Planning and Zoning Board. Such final plat shall include the following:

(a) Name of the subdivision and the section number, if it is a portion of the total subdivision.

(b) A description giving the number of acres, the military survey number, Village, township, county and property owner's name.

(d) Scale and north indicator

(e) The bearings and distances of the boundary lines of the subdivision

(f) The bearings and distances of all lot lines or areas dedicated to public uses within the subdivision. In case of curved sides of lots, the tangent deflection angle, the length of the tangent, the length of radius, the length of arc and the length and bearing of the chord shall be given

(g) Lot numbers

(h) The bearing and distances of all straight sections of street center lines. Curved sections of street center lines shall show the same information as curved lot lines

(i) Street names

(j) Street, alley and easement widths. Any easements not parallel to property lines shall show the bearings and distances of the lines

(k) The location of all permanent markers or monuments

(l) Building setback lines with their distance from the right-of-way lines

(m) The proposed location of all utilities and easements

(n) Requested covenants

The final plat of the subdivision shall be a complete plan of the development of the site. It shall incorporate all modifications required by the Village Council and otherwise conform to the preliminary plat as approved. The applicant may submit a final plat of only that portion of an approved preliminary plat which he proposes to develop and record at the time, provided that such portion conforms to all provisions of these regulations. Nonetheless, all portions of the tract covered by the preliminary plat shall be developed within a two (2) year period, unless an extension of time is granted by the Board.

(Ord. 2004-111. Passed 7-26-04.)

1135.08 PLANS AND SPECIFICATIONS FOR SITE IMPROVEMENTS.

Prior to submission of an application for a final plat, the applicant shall prepare Construction and Grading Plans, specifications and cost estimates of the required site improvements, and submit three (3) copies to the Board. The items of the estimates shall conform to the Village of Millersburg Regulations and Material Specifications, as may be subsequently amended, and shall be grouped as follows:

(a) Street and parking area improvements, including curb, pavement, sidewalks, street lighting, and storm drainage;

(b) Water mains, including lines, valves and hydrants;

(d) Site improvements, including seeding and sodding.

(Ord. 2004-111. Passed 7-26-04.)

1135.09 REVIEW BY THE VILLAGE ADMINISTRATOR.

The Village Administrator shall review the plans referenced in Section 1135.08 above, and, subject to his/her review, they shall be approved or returned with comments. The Director may transmit one or more of the required copies to consultant(s) procured to assist in the review process. If such assistance is sought, it is understood that the cost of such assistance shall be paid by the applicant. (Ord. 2004-111. Passed 7-26-04.)

1135.10 CONSTRUCTION OF IMPROVEMENTS OR PERFORMANCE GUARANTEES.

The applicant may install, construct, have inspected and approved all required site improvements prior to submitting application for approval of a final plat, or he/she may furnish satisfactory performance guarantees for the construction of such improvements. The cost of reviews of all improvements shall be paid by the applicant. Such inspections and reviews shall be performed by a Registered Engineer accepted by the Village.

No lot, parcel or tract shall be transferred from the proposed development nor shall any construction work on such development, including grading, be started that may affect the arrangements of public streets or other public improvements until the owner has obtained the necessary approvals of the Construction and Grading Plans from the Village Administrator.

(Ord. 2004-111. Passed 7-26-04.)

1135.11 APPLICATION FOR APPROVAL OF FINAL PLAT.

Application for approval of final plat shall be submitted in writing to the Zoning Inspector at least ten (10) days prior to a regularly scheduled meeting of the Board, together with the final plat and such other material as required in Sections 1135.07 and 1135.08 above. The applicant shall submit all fees as applicable for a final plat, as established by Village Council under separate ordinance.

The application shall be submitted within two (2) years after approval of the preliminary plat; otherwise, approval of the preliminary plan will become null and void unless an extension is granted by the Board. The Zoning Inspector shall submit the application to the Board at its next regularly scheduled meeting, which shall be the date of submittal of the final plat.

(Ord. 2004-111. Passed 7-26-04.)

1135.12 ACTION BY PLANNING AND ZONING BOARD.

If the final plat as submitted to the Board at a regularly scheduled meeting conforms to the provisions of the Ohio Revised Code and this Ordinance, and is consistent with the preliminary plat with such changes as required by the Planning and Zoning Board, and if satisfactory provision is made regarding site improvements, the Board shall take action on the final plat within thirty (30) days from the date of submittal, or such further time as agreed to by the owner/applicant. If the Board fails to act upon the final plat within the time allotted, the plat shall be considered as approved. The approval of the final plat shall be indicated in writing on the original tracing by the signature of the Chairman. Reasons for disapproval of a final plat shall be stated in the records of the Board. (Ord. 2004-111. Passed 7-26-04.)

1135.13 ACCEPTANCE OF PUBLIC LAND.

If land is to be dedicated to the public use, the plat shall contain appropriate statements indicating such dedications with provision for acceptance by the Village.

(Ord. 2004-111. Passed 7-26-04.)

1135.14 RECORDING OF PLAT.

A final plat shall be filed and recorded by the applicant in the office of the Holmes County Recorder within sixty (60) days following approval by the Board. If the developer fails to file the plat within such period, the approval by the Board shall be null and void. If any change is made in the final plat after approval of the Board, the approval shall be null and void. After recording the final plat, transfer of ownership may take place. The developer shall furnish the Village with the original tracings and two (2) prints of the final plat containing indication of approval by all pertinent parties and the recording of the plat.

(Ord. 2004-111. Passed 7-26-04.)

1137.01 POWER OF VILLAGE COUNCIL.

Whenever the public necessity, convenience, or general welfare require, Council may, by ordinance, after receipt of a recommendation thereon from the Planning and Zoning Board and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by the Planning and Zoning Code or amendments thereof. The Planning and Zoning Board shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.

(Ord. 2004-111. Passed 7-26-04.)

1137.02 INITIATION OF AMENDMENTS.

Amendments to the Planning and Zoning Code may be initiated in one of the following ways:

(a) By referral of a proposed amendment to the Planning and Zoning Board by Village Council.

(b) By the adoption of a motion by the Planning and Zoning Board submitting the proposed amendment to Village Council.

(c) By the filing of an application by at least one (1) owner or lessee of property, or his designated agent, within the area proposed or affected by the said amendment.

(Ord. 2004-111. Passed 7-26-04.)

1137.03 APPLICATION.

An application for amendment shall be transmitted by the applicant to the Zoning Inspector and shall contain the following information:

(a) Name, address, and phone number of the applicant.

(b) Proposed amendment to the text or, in cases where property is proposed to be placed in a different zoning district, a legal description of the property affected.

(d) Proposed use and district.

(e) A map showing property lines, streets, existing and proposed zoning, and such other items as the Zoning Inspector may require.

(f) A list of all property owners within the 250 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the Holmes County Auditor's current tax list. The Zoning Inspector shall have the authority to require additional addresses in particular cases. The requirement for addresses may be waived when more than ten (10) parcels are proposed to be rezoned.

(g) A statement as to how the proposed amendment will impact adjacent and proximate properties.

(h) Any other information as may be requested by the Zoning Inspector to determine conformance with, and provide for enforcement of this Zoning Ordinance.

(i) A fee as established by the Village Council.

(Ord. 2004-111. Passed 7-26-04.)

1137.04 TRANSMITTAL OF RESOLUTION TO PLANNING AND ZONING BOARD.

Upon referral of the proposed amendment by Village Council, or the filing of an application by at least one (1) owner or lessee of the property, or their designated agent, said proposed amendment or application shall be transmitted to the Planning and Zoning Board.

(Ord. 2004-111. Passed 7-26-04.)

1137.05 RECOMMENDATION BY PLANNING AND ZONING BOARD.

Within sixty (60) days after the first regular meeting of the Planning and Zoning Board after the receipt of the proposed amendment, the Planning and Zoning Board may recommend to the Village Council that the amendment be approved as requested, approved with modification, or it may recommend that the amendment be denied. A public hearing may be held by the Planning and Zoning Board for consideration of the proposed amendment. If such a hearing is held, the Planning and Zoning Board shall follow the same requirements for notification as specified in Section 1137.06 below.

(Ord. 2004-111. Passed 7-26-04.)

1137.06 PUBLIC HEARING BY VILLAGE COUNCIL.

Before the proposed Amendment may be passed, the Village Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the Village. If the proposed Amendment intends to remove or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Village Administrator, by first-class mail, at least twenty (20) days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the Holmes County Auditor's current tax list, as provided by the applicant. The failure of delivery of such notice shall not invalidate such proposed Amendment.

(Ord. 2004-111. Passed 7-26-04.)

1137.07 DISPLAY OF RELEVANT MATERIALS.

During such thirty (30) days, the text or copy of the text of the proposed Amendment, together with maps, plans, and reports submitted by the Planning and Zoning Board shall be on file, for public examination, in the office of the Clerk-Treasurer of the Village.

(Ord. 2004-111. Passed 7-26-04.)

1137.08 ACTION BY VILLAGE COUNCIL.

No such Amendment which is in accordance with the recommendation submitted by the Planning and Zoning Board shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the Village Council. No such Amendment which violates, differs from, or departs from the recommendation submitted by the Planning and Zoning Board shall take effect unless passed or approved by not less than three-fourths (3/4) of the membership of the Village Council.

(Ord. 2004-111. Passed 7-26-04.)

1137.09 CRITERIA.

In reviewing the proposed amendment and arriving at its decision, the Village Council shall consider the following factors:

(a) Compatibility of the proposed amendment with the zoning and use of adjacent land, and with land use plans for the general area.

(b) The effect of the adoption of the proposed amendment on motor vehicle access, traffic flow, and the provision of public services in the general area.

(c) The effect of the adoption of the proposed amendment upon the public health, safety and general welfare of the residents of the Village

(Ord. 2004-111. Passed 7-26-04.)

1137.10 EFFECTIVE DATE AND REFERENDUM.

Such amendment adopted by Village Council shall become effective thirty (30) days after the date of the amendment, subject to the provisions for referendum specified in the Ohio Revised Code. If the amendment as passed by Village Council pertains to a change in the Official Zoning Map, such change shall be incorporated onto the Map by reference to the ordinance number and date of adoption.
(Ord. 2004-111. Passed 7-26-04.)

1139.01 POWERS OF THE PLANNING AND ZONING BOARD.

The Planning and Zoning Board shall have the power to authorize, upon appeal in specific cases, as hereinafter provided, such variances from the provisions or requirements of the Planning and Zoning Code as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land and buildings involved. No variance from strict application of any provision of the Planning and Zoning Code shall be granted by the Board unless it finds that all the following facts and conditions exist:

(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.

(b) That because of such physical circumstances or conditions, there is only a minimal possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public health, safety and/or welfare.

(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

Under no circumstances shall the Planning and Zoning Board grant a variance that would allow a use not permissible under the Planning and Zoning Code in the district involved, or any use expressly or by implication prohibited by the terms of the Planning and Zoning Code in said district.

(Ord. 2004-111. Passed 7-26-04.)

1139.02 VARIANCES.

(a) Purpose. The purpose of a variance is to provide limited relief from the requirements of this Code in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Code. It is not intended that a variance be granted merely to remove inconveniences or financial burdens that the requirements of this Code may impose of property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission.

(b) Variance Review Procedure. The review procedure for a variance shall be as established in this section. A preapplication meeting with the Zoning Inspector is encouraged, but not mandatory, prior to submission of the application. The purpose of a pre-application meeting is to discuss the proposed application or project, review submittal requirements, and discuss compliance with the provisions of this Code prior to the submission of an application,

(1) Step 1 - Application. The applicant shall apply in accordance with Section 1133.03, and with the provisions of this section.

(2) Step 2 - Staff Review and Transmission to the Planning and Zoning Board.

A. Upon determination that a variance application is complete, the Zoning Inspector shall distribute the application to all appropriate Village departments and professional consultants for review and comment. Any comments or expert opinions shall be returned to the Zoning Inspector for transmission to the Planning and Zoning Board.

B. The Zoning Inspector shall distribute the application and any reports prepared as part of Subsection 1139.02(b)(2)A, prior to the Planning and Zoning Board's meeting, as applicable, where the application is to be reviewed.

(3) Step 3 - Planning and Zoning Board Review and Decision.

A. Within sixty (60) days after the application is determined to be complete, the Planning and Zoning Board shall hold a public hearing on the variance application.

B. The Planning and Zoning Board shall review the variance application during a public hearing.

C. Notification of the public hearing shall be provided in accordance with Section 1139.05.

D. In reviewing the application, the Planning and Zoning Board shall at a minimum, consider the reports and opinions transmitted by the Zoning Inspector and the review criteria of this section.

E. The Planning and Zoning Board may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.

F. In making its decision, the Planning and Zoning Board may approve, approve with modifications or supplementary conditions, or deny the application.

G. In making its decision, the Planning and Zoning Board shall make specific findings of fact based directly on the particular evidence presented that the reasons set forth in the application and as presented by the applicant during the public hearing, justify the approval, approval with modifications or supplementary conditions, or denial of the variance application that will make possible a reasonable use of the land, building, or structure.

H. If the Planning and Zoning Board fails to act within sixty (60) days from the date of the initial public hearing, or an extended period as may be agreed upon by the Planning and Zoning Board and applicant, then the application shall be considered denied.

I. The decision of the Planning and Zoning Board shall become effective immediately.

J. In approving a variance, the Planning and Zoning Board may impose conditions on the approval, the proposed use, and the premises to be developed or used pursuant to such approval as it determines are required to be ensure compliance with the standards of this section and the purpose of this Code. Any conditions established by the Planning and Zoning Board shall relate directly to the requested variance.

K. Any violation of the conditions of approval shall be a violation of this Code, subject to the enforcement and penalties of Chapter 1143: Fees and Violations.

(1) Area or Dimensional Variance. Where an applicant is seeking an area or dimensional variance, the following factors shall be considered and weighed by the Planning and Zoning Board to determine if a practical difficulty exists that would justify approval of the variance. However, no single factor listed below may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.

A. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity; narrowness, shallowness, or steepness of the lot; or proximity to non-conforming and inharmonious uses, structures, or conditions.

B. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.

C. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures.

D. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance.

E. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup.

F. Whether special conditions or circumstances exist as a result of actions of the owner, not including purchase or acquisition of the property.

G. Whether the property owner's predicament feasibly can be obviated through some method other than a variance.

H. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.

I. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district; and

J. Whether a literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.

(2) Use Variance. In order to grant a use variance, the Planning and Zoning Board shall determine that strict compliance with the terms of this Code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the following criteria are satisfied:

A. The property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located.

B. The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district.

C. The hardship condition is not created by actions of the applicant, not including the purchase or acquisition of the property.

D. The granting of the variance will not adversely affect the rights of adjacent property owners or residents.

E. If there is an existing building on the lot, that such building, due to its design, cannot be reasonably reused for a permitted use in the district.

F. The granting of the variance will not adversely affect the public health, safety, or general welfare.

G. The variance will be consistent with the general spirit and intent of this Code; and

H. The variance sought is the minimum that will afford relief to the applicant.

(d) Time Limit.

(1) The approval of a zoning permit or sign permit, as applicable, shall expire within one year of the date the variance was approved and comply with the time limits of the approved zoning permit or sign permit unless an alternative schedule was approved by the Planning and Zoning Board in its approval.

(2) Upon expiration of a variance approval, a new application, including all applicable fees, shall be required before a new variance will be reviewed.

(e) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning and Zoning Board shall have the right to appeal the decision to the court of common pleas as provided in ORC Chapters 2505 and 2506.

(Ord. 2021-100. Passed 1-11-21.)

1139.03 APPEALS.

(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision made in the administration or enforcement of this Code.

(b) Applicability.

(1) An appeal may be made regarding any administrative decision made in the administration and enforcement of this Code including administrative decisions by the Planning Commission, Design and Review Board, Zoning Inspector, or any other administrative staff given the authority to make a decision as authorized by this Code.

(2) An appeal may not be made to the Planning and Zoning Board when the Planning Commission is making a recommendation to Village Council as part of a legislative action such as a code text or map amendment.

(c) Initiation. Appeals shall be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the authority having jurisdiction who is charged with the administration or enforcement of this Code.

(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:

(1) Step 1 - Submission of Appeal. Within twenty (20) days of the administrative order, decision, determination, or interpretation, the person appealing the decision, or their authorized agent shall submit all the following information:

A. Name, address, email address, and phone number of the appellant.

B. Legal description of the property as recorded in the Holmes County Recorder's office.

C. A map or drawing to approximate scale, showing the dimensions of the lot and any existing or proposed building or structure.

D. The names and addresses of all property owners within 250 feet, contiguous to, and directly across the street from the property, as appearing on the Holmes County Auditor's current tax list.

E. Each appeal shall refer to the specific provisions of the Planning and Zoning Code which apply.

F. A narrative statement explaining the following:

(1) Details of the grounds on which it is claimed that the appeal should be granted.

(2) The specific reasons why the appeal is justified.

(2) Step 2 - Forwarding of the Record to the Planning and Zoning Board. Upon receiving the written appeal of an administrative decision or determination, the Zoning Inspector, or other staff member responsible for maintaining the related records, shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Planning and Zoning Board. This material shall constitute the record of the appeal.

(3) Step 3 - Planning and Zoning Board Review and Decision.

A. The Planning and Zoning Board shall hold a public hearing within 60 days of the filing of the appeal provided adequate notification is provided pursuant to Section 1139.05.

B. To aid in their review, the Planning and Zoning Board may transmit the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or expert opinions shall be compiled by the Zoning Inspector and transmitted to the Planning and Zoning Board prior to the time of the Planning and Zoning Board's hearing related to the appeal.

C. Any person affected by the appeal may appear at the public hearing and testify in person, or by attorney or agent.

D. Within thirty (30) days of the close of the public hearing, the Planning and Zoning Board shall render a decision on the appeal. The Zoning Inspector shall notify the appellant in writing of the decision of the Planning and Zoning Board. An extended time frame may be authorized if agreed upon by the Planning and Zoning Board and applicant.

E. The decision of the Planning and Zoning Board shall become effective immediately.

(e) Review Criteria. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this Code

(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the Village in furtherance of the action appealed, unless the Zoning Inspector certifies to the Planning and Zoning Board that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the Planning and Zoning Board or by a court of competent jurisdiction, for good cause shown.

(g) Appeals of Planning and Zoning Board Decisions. Any person or entity claiming to be injured or aggrieved by any final action of the Planning and Zoning Board shall have the right to appeal the decision to the court of common pleas as provided in ORC Chapters 2505 and 2506. (Ord. 2021-100. Passed 1-11-21.)

1139.04 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

In granting any appeal or variance, the Planning and Zoning Board may prescribe appropriate and reasonable conditions and safeguards in conformity with the Planning and Zoning Code. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of the Planning and Zoning Code and punishable under Section 1143.05. Under no circumstances shall the Planning and Zoning Board grant an appeal or variance to allow a use not permissible under the terms of the Planning and Zoning Code in the district involved, or any use expressly or by implication prohibited by the terms of the Planning and Zoning Code in said district.

(Ord. 2021-100. Passed 1-11-21.)

1139.05 NOTICE OF PUBLIC HEARING.

Before holding any public hearing pursuant to Section 1139.02 or Section 1139.03, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed variance or appeal. In addition, written notice of such hearing shall be mailed by the Village Inspector, by first-class mail, at least ten (10) days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified above. Parties of interest shall include at a minimum, owners, and occupants of property within 250 feet from, contiguous to, and directly across the street from the property being considered. Failure of delivery of such notice shall not invalidate the actions of the Planning and Zoning Board.

(Ord. 2021-100. Passed 1-11-21.)

1139.06 ACTION BY PLANNING AND ZONING BOARD.

Within thirty (30) days after the public hearing, the Planning and Zoning Board shall either approve, approve with supplementary conditions as specified in Section 1139.04, or disapprove the request for appeal or variance. The Planning and Zoning Board shall transmit a written copy of its decision and findings to the Zoning Inspector, who shall forward such copy to the applicant. If the application is approved, or approved with supplementary conditions, the Planning and Zoning Board shall make a finding that the reasons set forth in the application justify the granting of the variance or appeal that will make possible a reasonable use of the land, building or structure.

If the request for variance or appeal is denied, the applicant may seek relief through the Court of Common Pleas.

(Ord. 2021-100. Passed 1-11-21.)

1139.07 INTERPRETATION OF THE CODE.

It is the intent of this Code that all questions of interpretation related to the administration and enforcement of this Code shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Planning and Zoning Board only on appeal from the decision of the Zoning Inspector. Such appeals shall be in accordance with Section 1139.03: Appeals.

(Ord. 2021-100. Passed 11-11-21.)

1141.01 PURPOSE.

Under some unusual circumstances, a proposed use which more intensely affects an area than those uses permitted in the zoning district in which it is located, may nonetheless be desirable and compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as conditional uses within the description of the respective zoning districts. The Planning and Zoning Board may allow such a use to be established as a conditional use where these unusual circumstances exist and where the proposed use will be consistent with the general purpose and intent of this Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1141.02 APPLICATION FOR CONDITIONAL USE.

Any person owning or having an interest in property may file an application to use such property for a conditional uses provided for by the Planning and Zoning Code in the zoning district in which the property is situated. An application for a conditional use shall contain the following, and shall be filed in triplicate with the Zoning Inspector, who shall forward within five (5) working days a copy to the members of the Planning and Zoning Board.

(a) All of the information required for a zoning permit, pursuant to Section 1133.03.

(b) A plan of the proposed site for the conditional use showing the location of all structures, parking and loading area, traffic circulation, open spaces, landscaping, refuse, and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of the Planning and Zoning Code.

(c) A narrative statement evaluating the effects on adjoining property, and a discussion of the general compatibility with adjacent and other properties in the district.

(d) The names and addresses of all property owners within 250 feet, contiguous to, and directly across the street from the property, as appearing on the Holmes County Auditor's current tax list.

(e) Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the deliberations of the Planning and Zoning Board.

(Ord. 2004-111. Passed 7-26-04.)

1141.03 GENERAL STANDARDS FOR CONDITIONAL USES.

The Board shall not approve a conditional use unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it, that support conclusions that such use at the proposed location shall meet all of the following requirements:

(a) Will be harmonious with the existing or intended character of the general vicinity and that such use will not change the general character of such area.

(b) Seeks to maintain, and will not be hazardous to, the health, safety and welfare of the existing neighboring, and the total community.

(c) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

(d) Will not create excessive additional requirements for public facilities and services and will not be detrimental to the economic welfare of the community.

(e) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

(f) Will have vehicular approaches to the property which shall be so designated as not to create interference with traffic on surrounding public streets or roads.

(Ord. 2004-111. Passed 7-26-04.)

1141.04 SUPPLEMENTARY CONDITIONS.

In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformance with the Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1141.05 PUBLIC HEARING BY THE PLANNING AND ZONING BOARD.

The Board may hold a public hearing within thirty (30) days from the receipt of the application specified in Section 1141.02. If such hearing is conducted, the requirements for public notice and notification of parties of interest shall be the same as for appeals and/or variances as specified in Sections 1139.05 through 1139.06.

(Ord. 2004-111. Passed 7-26-04.)

1141.06 ACTION BY THE PLANNING AND ZONING BOARD.

Within thirty (30) days after the public hearing pursuant to Section 1141.05, or within thirty (30) days from the date of the application if such hearing is not held, the Board shall either approve, approve with supplementary conditions as specified in Section 1141.04, or disapprove the application as presented. If the application is approved with supplementary conditions, the Board shall direct the Zoning Inspector to issue a zoning permit listing the specific conditions listed by the Board for approval. If the application is disapproved, the applicant may seek relief through the Court of Common Pleas.

(Ord. 2004-111. Passed 7-26-04.)

1141.07 EXPIRATION AND REVOCATION OF ZONING PERMIT ISSUED UNDER CONDITIONAL USE PROVISIONS.

The approval of the zoning permit issued in accordance with Section 1141.06 above shall become null and void if such use is not carried out within one (1) year after date of approval; however, the Planning and Zoning Board may grant an extension of a zoning permit for a conditional use for an additional period of six (6) months. The Village may revoke the zoning permit upon written evidence by any residents or official of the Village of violation of the Planning and Zoning Code and/or written terms and conditions upon which approval was based.

(Ord. 2004-111. Passed 7-26-04.)

1143.01 SCHEDULE OF FEES, CHARGES AND EXPENSES.

The Village Council shall establish, by separate ordinance, a schedule of fees, charges, and expenses and a collection procedure for zoning permits, subdivision plats, appeals, and other matters pertaining to the Planning and Zoning Code. The schedule of fees shall be posted in the office of the Village Administrator, and may be altered or amended only by the Village Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application.

(Ord. 2004-111. Passed 7-26-04.)

1143.02 FAILURE TO OBTAIN A REQUIRED PERMIT OR APPROVAL.

Failure to obtain a zoning permit, Certificate of Zoning Compliance, or other approval as required by specific sections of the Planning and Zoning Code shall result in an additional fee as determined by Council as indicated in Section 1143.01, and in addition shall be a violation of the Planning and Zoning Code and punishable under Section 1143.05 below.

(Ord. 2024-110. Passed 11-11-24.)

1143.03 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES.

Zoning permits or other approvals issued on the basis of plans, plats and/or applications authorize only the use, and arrangement set forth in such approved plans and applications or amendments thereto. Any use, arrangement, or construction not in conformance with that authorized shall be deemed a violation of the Planning and Zoning Code, and punishable as provided in Section 1143.05 below of the Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1143.04 COMPLAINTS REGARDING VIOLATIONS.

Whenever a violation of the Planning and Zoning Code is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof, and shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and provided for by the Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1143.05 PENALTIES FOR VIOLATION.

Any person who violates the provisions of the Planning and Zoning Code or fails to comply with any of its requirements shall upon conviction thereof be fined not more than two hundred fifty dollars ($250.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, 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 Village from such other lawful action as is necessary to prevent or remedy any violations.

Penalties as above shall apply unless penalties are defined for specific Sections of the Planning and Zoning Code, in which case the penalties so defined in those sections shall apply.

(Ord. 2004-111. Passed 7-26-04.)

1145.01 INTENT.

Within the districts established by the Planning and Zoning Code, or amendments hereinafter adopted, there may exist lots, structures, uses of land and structure which were lawful before the Planning and Zoning Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of the Planning and Zoning Code or future amendments. It is the intent of the Planning and Zoning Code to permit such nonconformities to continue until they are removed and to allow reasonable expansion and/or substitution.

(Ord. 2004-111. Passed 7-26-04.)

1145.02 EXISTING LAND OR BUILDINGS.

Any use of land or buildings existing on the effective date of the Planning and Zoning Code may be continued, even though such use does not conform to the provisions herein, so long as such building or use was legally existing prior to the establishment of the Planning and Zoning Code. No non-conforming building, structure, or use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as provided in the Planning and Zoning Code.

(Ord. 2004-111. Passed 7-26-04.)

1145.03 CONSTRUCTION COMMENCED.

Any property purchased or acquired in good faith for any nonconforming use prior to the adoption of the Planning and Zoning Code, upon which property the work of changing, remodeling or construction of such nonconforming use has been legally commenced at the time of adoption of the Planning and Zoning Code, may be used for the nonconforming use for which such changing, remodeling or construction was undertaken, provided that such work is completed within two (2) years from the date of adoption of the Planning and Zoning Code or amendment thereto making said use nonconforming.

(Ord. 2004-111. Passed 7-26-04.)

1145.04 SUBSTITUTION.

The Planning and Zoning Board may allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made. However, in an “R” District, no change shall be authorized by the Planning and Zoning Board to any use which is not a permitted or conditional use in any “R” District.

(Ord. 2004-111. Passed 7-26-04.)

1145.05 EXTENSION.

No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except as follows:

(a) The extension of a nonconforming building on the lot occupied by such building, or onto an adjacent lot if such lot is owned by the same person or persons, may be permitted on a once-only basis by the Planning and Zoning Board, provided that such extension is necessary and incidental to such existing nonconforming use; that the extension will not increase the ground floor area of the building by more than twenty-five percent (25%); and that such extension will not extend the building more than twenty-five (25) feet in any direction from the existing building outline.

(b) No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.

(c) Any residential structure which is nonconforming due to the fact of its being in a non-residential zoning district may be enlarged, extended, reconstructed or structurally altered provided it meets the requirements of the adjacent or most proximate R-District.

(Ord. 2004-111. Passed 7-26-04.)

1145.06 DISCONTINUANCE.

A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever either of the following conditions exist:

(a) When the use has been voluntarily discontinued for a period of two (2) years.

(b) When the nonconforming use has been replaced by a conforming use.

(Ord. 2004-111. Passed 7-26-04.)

1145.07 DAMAGE AND/OR DESTRUCTION OF A NONCONFORMING BUILDING OR USE.

When a building or structure, the use of which does not conform to the provisions of the Planning and Zoning Code, is damaged by fire, explosion, public enemy or act of God, it may be restored or rebuilt and continued in such nonconforming use provided that the restoration or rebuilding is commenced within six (6) months of the time of damage, that construction is completed within eighteen (18) months, and that such restoration or rebuilding would not extend or expand the existing use, except as may be permitted in Section 1145.05 above.

If any part of the damaged or destroyed building encroaches or intrudes on an adjacent property, the locations of the restored or rebuilt structure is subject to approval by the Planning and Zoning Board. If the restoration or rebuilding of the structure involves extension or expansion of the use, the provisions of Section 1145.05 shall apply.

(Ord. 2004-111. Passed 7-26-04.)

1145.08 MAINTENANCE AND REPAIR.

Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use when at least one of the following conditions exist:

(a) When required by law.

(b) To convert to a conforming use.

(c) A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.

(Ord. 2004-111. Passed 7-26-04.)

1145.09 NONCONFORMING LOTS OF RECORD.

In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record on the effective date of the Planning and Zoning Code, even though such lot does not comply with the lot area and width requirements of the district in which it is located, provided said lot has a minimum of twenty-five (25) feet frontage on a public right- of-way; and further provided the following conditions are complied with:

(a) If the owner of such lot does not own adjacent property and did not own such property at the time the Planning and Zoning Code became effective, two (2) inches may be deducted from the required minimum width of each side yard and four (4) inches from the required sum of minimum widths of both side yards for each foot that the lot is narrower than the required width for the district. In no case, however, shall any side yard be narrower than three (3) feet.

(b) If the owner of such lot owns two (2) or more adjacent lots, or other adjacent property, such owner shall redivide the property in such a manner that they conform to the minimum width of such lots in the most proximate single-family district. However, if such redivision would result in lots that exceed width requirement of lots in the most proximate district, such redivision shall provide for one (1) more building lot than would otherwise be allowed.