(a)   The position of Zoning Inspector is hereby established.

   (b)   The Zoning Inspector shall be appointed by and serve at the pleasure of Council and shall receive such compensation as Council may provide.

   (c)   The Zoning Inspector shall have the following duties:

      (1)   Issue zoning and building permits when this Zoning Code has been followed, or refuse to issue such permits in the event of noncompliance;

      (2)   Collect the designated fees for Zoning Certificates, building permits, amendments, appeals, conditional uses and exceptions;

      (3)   Make and keep records on all applications, issuance and denial of permits and complaints of violations;

      (4)   Enforce this Zoning Code and take all necessary steps to remedy any condition found in violation of this Zoning Code by ordering, in writing, the discontinuance of illegal uses or illegal work in progress, and request the Solicitor to commence appropriate legal action when necessary;

      (5)   Keep the Planning Commission and Council advised of all matters, other than routine duties pertaining to the enforcement of this Zoning Code, and transmit all applications and records pertaining to amendments; and

      (6)   Keep the Board of Zoning Appeals advised of all matters pertaining to appeals, variances, conditional uses and exceptions, and transmit all applications and records pertaining thereto.

(Ord. 1130. Passed 2-1-88; Ord. 1584. Passed 9-17-07.)

   It shall be unlawful for an owner to use or to permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a Zoning Certificate shall have been issued by the Zoning Inspector. The Zoning Certificate requirement shall not include interior remodeling if the type of use is not changed and shall not include exterior upkeep and maintenance.

   (a)   When a Zoning Certificate is Required. A Zoning Certificate shall be required for any of the following:

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

      (2)   Change in use of an existing building or accessory building to a use of a different classification.

      (3)   Occupancy and use of vacant land, including excavation.

      (4)   Change in the use of land to a use of a different classification.

      (5)   Any change in the use of a nonconforming use.

      (6)   All lawful nonconforming uses of land or buildings created by adoption of this chapter or any amendments.

      (7)   When a Special Flood Hazard Development permit is required pursuant to Section 1319.11. When applicable, the requirements for a Zoning Certificate shall include the requirements to satisfy Chapter 1319 (Flood Damage Prevention) for a Special Flood Hazard Development permit.

(Ord. 1130. Passed 2-1-88; Ord. 1584. Passed 9-17-07.)

   (a)   Every application for a Zoning Certificate shall be submitted on forms provided by the Zoning Inspector, accompanied by the proper fees.

      (1)   When required, a Site Plan, pursuant to Section 1135.08 (Contents of Site Plan) or an S-1 or PD Development Plan, pursuant to Section 1135.09 (Contents of Development Plan), and such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made shall be submitted in duplicate.

      (2)   All dimensions shown on filed plans shall be drawn to scale.

      (3)   Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.

      (4)   A file of such applications and plans shall be kept in the office of the Zoning Inspector.

   (b)   Fees. Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this Zoning Code shall be collected by the Zoning Inspector in advance of review of a zoning application or issuance of a Zoning Certificate.

      (1)   The amount of such fees shall be established by the Village Council by separate ordinance and shall cover the cost of administration, inspection, publication of notice and similar matters resulting from enforcement of this Zoning Code. When the Planning Commission, Board of Appeals, or City Council finds it necessary to maintain a strict record of public hearing procedures, or deem it necessary to cause special studies to be made, the applicant shall bear all direct and related costs.

      (2)   The fee for a Zoning Certificate which must be obtained after winning any appeal or upon approval of any variance or conditional use, shall be reduced or waived by the amount of the fee paid for the successful appeal, variance, or conditional use review.

      (3)   The Zoning Inspector and/or Secretary of the Planning Commission shall forthwith deposit all fees with the Clerk-Treasurer, who shall credit such fees to the credit of the general revenue fund of the municipality.

(Ord. 1584. Passed 9-17-07.)

   Applications for Zoning Certificates must be completed in full and must be accompanied by the payment of the appropriate fees before the Zoning Inspector is required to consider the application.

   (a)   Applications shall be accompanied by all information required by this Zoning Code, as well as all information required of applicants by administrative rules. An application is complete when the initial submission contains all of the required information that is necessary for the Zoning Inspector and other review bodies to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Zoning Code.

   (b)   The Zoning Inspector shall prepare and maintain application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted.

(Ord. 1584. Passed 9-17-07.)

   (a)   No Zoning Certificate for excavation, construction or reconstruction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of this Zoning Code.

   (b)   Within ten days after receipt of the application or upon approval by a specified review body, the Zoning Inspector shall issue a Zoning Certificate if the application complies with this Zoning Code and if the application is accompanied by the proper fee.

      (1)   Review by Board of Zoning Appeals. The Zoning Inspector shall not issue a Zoning Certificate for a land use subject to public hearing and review by the Board of Appeals until authorized by the Board of Appeals pursuant to Section 1137.05 (Powers and Duties).

      (2)   Review by Planning Commission. The Zoning Inspector shall not issue a Zoning Certificate for any of the following applications unless a Site or Development Plan has been approved by the Planning Commission and any necessary zoning amendments are approved by Council:

         A.   S-1 District or PD District Development Plans pursuant to Section 1135.10 (Development Plan Review by Planning Commission);

         B.   Manufactured home park applications pursuant to Section 1157.10;

         C.   A use subject to the performance standards of Section 1155.02.

   (c)   Expiration of Zoning Certificate.

      (1)   A Zoning Certificate issued for the construction of a new building or the alteration of an existing building shall be void unless substantial construction is commenced within one year after date of issuance and unless construction is completed within two years after date of issuance. Every such Zoning Certificate already issued shall be subject to the same provisions except that the time period shall run from the effective date of this section.

      (2)   A new Zoning Certificate is required upon application if no substantial construction activity is started or if the use is changed within one year of the date of the Certificate, or if construction extends beyond two years of the date of issuance of the Certificate.

      (3)   The Zoning Inspector shall for just cause be authorized to extend either or both of the time periods upon written application therefor.

   (d)   Nonconforming Uses. Upon 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 chapter 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 chapter. No charge shall be made for issuing a Zoning permit in accordance with this division.

(Ord. 1584. Passed 9-17-07.)

   A building permit is required for new construction and for additions to existing buildings as required by Section 1301.01 of the Building Code. Applications shall be made to the Mayor.

(Ord. 1130. Passed 2-1-88; Ord. 1584. Passed 9-17-07.)

   Where construction or physical improvement of the land is involved, the lot and location of the buildings to be erected thereon shall be staked out on the ground before construction is started.

(Ord. 1584. Passed 9-17-07.)

   A Site Plan shall be submitted with all zoning applications for development of a principal building and accessory structures on a single lot. The Site Plan shall include the following information:

   (a)   A legend which indicates a compass rose, the scale of the plan, the name of the plan, if any, and the name and contact information for the owner and other members of the development team, if any;

   (b)   The location of the lot and the existing zoning and land use of the property and the immediately surrounding area;

   (c)   The lot numbers of the concerned and abutting properties;

   (d)   The street providing access to the lot and the exact location of the lot in relation to the nearest intersections;

   (e)   The intended use;

   (f)   The actual dimensions of the lot, the yard, parking, and other open space dimensions thereof, and the location and size of any existing structure thereon;

   (g)   The location, dimensions, height and bulk of structures to be erected and/or the proposed enlargement of the existing structure;

   (h)   In every case where the lot is not provided and is not proposed to be provided with public water supply and/or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a certificate of approval by the County Health Officer of the proposed method of water supply and/or disposal of sanitary wastes;

   (i)   A commercial or industrial use subject to performance requirements shall be accompanied by a plan of the proposed construction or development; a description of the proposed machinery, processes and products; and specifications for the mechanisms and techniques to be used in meeting the performance requirements. 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 engineer or surveyor;

   (j)   Each plan shall bear statements declaring that no part of the land involved in the application has been previously used to provide required yard space or lot area for another structure;

   (k)   Each plan shall indicate which abutting land was formerly that of the owner of the land involved in the application; and, if any, the approximate date of title transfer;

   (l)   Any other pertinent data as may be necessary to determine and provide for the enforcement of this Zoning Code.

(Ord. 1584. Passed 9-17-07.)

   A Development Plan shall be required for all proposed S-1 Special District and PD Planned Development District zoning applications. A Development Plan submission shall be composed of the following elements:

   (a)   All drawings shall be prepared on reproducible paper. Five copies of the drawing shall be supplied.

   (b)   All drawings must include a north arrow and legend.

    (c)   All plans shall be drawn to engineer's scale, not to exceed 1:100.

   (d)   The drawing shall be prepared by a registered engineer or architect. The name of the engineer or architect shall be included on the drawing. The name of the surveyor shall also be included.

   (e)   Site bench mark. This shall be referenced to U.S.G.S. datum.

   (f)   The location, types, and size for all land use areas.

   (g)   Drawings shall show accurate dimensions of the locations and dimensions of all existing and proposed right-of-way lines, property lines, and easements.

   (h)   Existing elevations on site and on adjacent properties and proposed elevations. This information shall be sufficient to indicate directions of drainage flow.

   (i)   Plans or text showing or describing the arrangement, location, square footages, and design of all buildings, structures, and yards including finished grade at the proposed building(s). For residential uses, indicate dwelling unit densities, dwelling unit types, and the total number of dwelling units in the development plan.

   (j)   All building heights, setbacks, and screening as proposed.

   (k)   A traffic and circulation plan shall show the location and design of all entrances and exits to the site, circulation drives, walks and other access ways, and parking areas, showing the number of proposed parking spaces, indicating their relationship to topography, existing streets or showing other evidence of reasonableness. Counts of traffic on all streets adjoining the site shall be listed and a forecast of traffic volumes generated by the site shall be made by competent experts.

   (l)   Locations and sizes of all existing and proposed utilities (water lines, storm and sanitary sewers, and the like) and appurtenances and connections thereto. Proposed sewers and water lines shall further indicate types of material and elevations.

   (m)   The proposed use of any recreational land and any other land for recreational or leisure use.

   (n)   All parcels of land intended to be dedicated or temporarily reserved for public use, or reserved in the deeds for the common use of property owners shall be indicated.

   (o)   The proposed schedule of site development and construction of structures and associated facilities.

   (p)   Sketches and other text or materials indicating design principles and concepts to be followed in site development, construction, landscaping and other features.

   (q)   A note shall indicate that all construction and materials shall meet the requirements of the Village.

   (r)   Any other information required by the Planning Commission to determine the appropriateness of the proposal.

(Ord. 1584. Passed 9-17-07.)

   (a)   Review Procedure. A Development Plan application shall be submitted in tandem with a petition for a zoning amendment to establish an S-1 Special District or a PD Planned Development District. The Development Plan review shall occur concurrently with the zoning amendment review and shall follow the same procedure as for any other district amendment pursuant to Chapter 1139 (Amendment to Zoning Provisions).

      (1)   The application and Development Plan must be submitted to the Zoning Inspector at least ten working days before the scheduled Planning Commission meeting at which the Planning Commission will receive the complete application and schedule a public hearing.

      (2)   Development plans not incorporating all the requirements listed in this section cannot be considered by the Planning Commission regardless of the submission date.

   (b)   Review Criteria for Development Plan. The Development Plan shall be subject to the following review criteria for adoption:

      (1)   The site shall have adequate access from public thoroughfares and shall provide interior circulation and access to buildings and parking areas. The design and location of driveways, access points, building locations and parking spaces shall be subject to the review and approval of the Village Services Director.

      (2)   The site shall drain surface water to an approved watercourse or pipe enclosure as reviewed and approved by the Village Services Director. In larger site developments, retention facilities may be required.

      (3)   Within the limits of the site, buildings may be placed anywhere and all setback, screening, bulk, and density requirements may be modified and not be subject to specific limitations if approved by the Planning Commission and Village Council.

      (4)   Additional reasonable requirements concerning protection of adjoining activities, ingress-egress control, setbacks, lighting, signs, and drives may be set by the Planning Commission or Council.

(Ord. 1584. Passed 9-17-07.)

   All structures and all parts thereof shall be maintained in good repair and safe condition and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used pursuant to Chapter 1307 (Blight Control) of the Village Building Code.

(Ord. 1584. Passed 9-17-07.)

   (a)   Declaration of Nuisance. Any use of land or premises carried on in violation of this Zoning Code is declared to be a nuisance per se and shall be subject to the penalties stated in this Zoning Code. Any building or land use activities considered possible violations of this Zoning Code, which activities are observed by residents of the Village, shall be reported to the Zoning Inspector.

   (b)   Inspection. The Zoning Inspector shall inspect each alleged violation and shall, in writing, order the correction of all conditions which are found to be in violation of this Zoning Code.

   (c)   Correction Period. All violations shall be corrected within a period of 30 days after the written order is issued or within a longer period of time as indicated by the Zoning Inspector. Any violation not corrected within the specified time period shall be reported to the Solicitor, who shall initiate prosecution procedures.

(Ord. 1130. Passed 2-1-88; Ord. 1584. Passed 9-17-07.)

   (a)   Whoever violates or fails to comply with any of the provisions of this Zoning Code, for which no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense and shall be fined not more than one hundred dollars ($100.00). On a second offense within one year after the first offense such person is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days, or both. On each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than 60 days, or both. Each ten days such violation or noncompliance is permitted to exist shall constitute a separate offense.

   (b)   The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person, who knowingly commits, participates in, assists in or maintains a violation, may be found guilty of a separate offense and suffer the penalties provided in division (a) of this section.

   (c)   Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation.

   (d)   If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or if any land is or is proposed to be used, in violation of this Zoning Code or any amendment hereto, Council, the Solicitor, the Zoning Inspector or any adjacent or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

(Ord. 1130. Passed 2-1-88; Ord. 1584. Passed 9-17-07.)