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Minerva City Zoning Code

CHAPTER 1159

Enforcement and Penalty

1159.01 ZONING INSPECTOR.

   There is hereby established the office of Zoning Inspector. It shall be the duty of the Zoning Inspector to enforce this Zoning Ordinance in accordance with the administrative provisions of this Zoning Ordinance. Any permit or license, issued in conflict with the provisions of this Zoning Ordinance, shall be null and void.
(Ord. 11-71. Passed 5-25-71.)
 

1159.02 FILING PLANS.

   Every application for a zoning certificate shall be accompanied by plans in duplicate, drawn to scale in black line or blueprint, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part, the exact locations, size and height of any building or structure to be erected or altered, the existing and intended use of each building or structure or part thereof, the number of families or housekeeping units the building is designed to accommodate, and when no buildings are involved, the location of the present use and proposed use to be made of the lot, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Ordinance. One copy of such plans shall be returned to the owner when such plans may have been approved by the Zoning Inspector together with such zoning certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon, shall be based on actual survey prepared by a licensed surveyor or civil engineer. The lot and the location of the building thereon shall be staked out on the ground before construction is started.
(Ord. 11-71. Passed 5-25-71.)
 

1159.03 ZONING CERTIFICATE.

   (a)   It shall be unlawful for an owner hereafter to locate, erect, construct, reconstruct, enlarge or structurally alter any building or structure or change, or permit the change of the use of any building or land or part thereof, until a zoning certificate has been issued by the Zoning Inspector. Such zoning certificate shall show that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Ordinance. It shall be the duty of the Zoning Inspector to issue a zoning certificate provided he is satisfied that the building or premises and the proposed use thereof, conform with all the requirements of this Zoning Ordinance. No permit for excavation or construction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of this Zoning Ordinance.
 
   (b)   Under written request from the owner or tenant, the Zoning Inspector shall issue a zoning certificate for any building or premises existing at the time of enactment of this Zoning Ordinance, 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 Zoning Ordinance.
 
   (c)   Each and every zoning certificate shall automatically expire eighteen months after date of issuance unless the building, structure and/or use for which it was issued is commenced within that time.
 
   (d)   Failure, within eighteen months after commencement of construction, to complete any building or structure, for which a zoning certificate is required, substantially in accord with plans and specifications submitted and upon which a zoning certificate has been issued, shall be deemed a violation of this Zoning Ordinance.
 
   (e)   For all zoning certificates there shall be a fee and charge of:
 
Change of Use
$50.00
House
$100.00
Building
$150.00
Accessory Building
$50.00
   All payments shall be made upon filing of application for a zoning certificate and refusal of the Zoning Inspector and/or the Board of Zoning Appeals to issue a zoning certificate for the building or use requested will not entitle the applicant to any refund or rebate.
   (f)   Any person, persons, firm or corporation filing an application to the Board of Zoning Appeals, or to the Planning Commission, shall pay a fee or charge for filing, as follows:
Application to the Board of Zoning Appeals $ 100.00
Application to the Planning Commission $ 100.00
   Payments shall be made by the applicant upon filing of an application with the Board of Zoning Appeals or with the Planning Commission, and withdrawal of the application by the applicant, or denial or modification of the application by the Board of Zoning Appeals or by the Planning Commission or by the Township Trustees will not entitle the applicant to any refund or rebate.
(Ord. 11-71. Passed 5-25-71; Ord. 7-24. Passed 1-9-24; Ord. 23-25. Passed 4-8-25.)
 

1159.04 LEGAL REMEDIES.

   In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Zoning Ordinance or any amendment or supplement thereto, the Board of Zoning Appeals, the Mayor, the Prosecuting Attorney of Stark County, the Zoning Inspector, or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 11-71. Passed 5-25-71.)
 

1159.99 PENALTY.

   No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building, or use land in violation of any regulation in or any provision of this Zoning Ordinance or any amendment or supplement thereto. Any person, firm or corporation, violating any regulation in or any provision of this Zoning Ordinance or of any amendment or supplement thereto, shall be fined not more than two hundred fifty dollars ($250.00) for each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues, may be deemed a separate offense.
(Ord. 37-07. Passed 1-8-08.)