Nelsonville City Zoning Code
ENFORCEMENT
§ 153.195 ZONING CERTIFICATES REQUIRED.
(A) (1) 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 is issued by a Zoning Officer.
(2) It shall be the duty of the Zoning Officer to issue a certificate, once satisfied that the structure, building or premises and the proposed use thereof conform to all the requirements of this chapter.
(3) No permit for excavation, construction or reconstruction shall be issued by the Zoning Officer unless the plans, specifications and the intended use conform to the provisions of this chapter.
(B) A zoning certificate shall be required for any of the following, except as herein provided:
(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;
(4) Change in the use of land to a use of a different classification; and
(5) Any change in the use of a non-conforming use.
(Prior Code, § 27.07.01.01) Penalty, see § 153.999
§ 153.196 ZONING CERTIFICATES FOR EXISTING USES WHICH MAY BE NON-CONFORMING.
Upon written request from the owner or tenant, the Zoning Officer shall issue a zoning certificate for any building or premises existing at the time of enactment of this chapter that certifies, after inspection, the extent and kind of use made of the building and premises and whether such use conforms to the provisions of this chapter.
(Prior Code, § 27.07.01.02)
§ 153.197 APPLICATION AND ISSUANCE OF ZONING CERTIFICATES.
(A) (1) Written application shall be made for a zoning certificate for the construction of a new building or the expansion or structural alteration of an existing building. Said certificate shall be issued within 30 working days after a complete written request for the same has been made to the Zoning Officer or his or her agent, provided such construction or alteration is in conformity with the provisions of this chapter and the off-street parking regulations.
(2) Every application for a zoning certificate shall be accompanied by a site 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.
(3) Where construction or physical improvement of the land is involved, the lot shall be staked out on the ground before construction is started, and all dimensions shown on filed plans shall be true.
(B) Each plan shall show:
(1) The street providing access to the lot and the exact location of the lot in relation to the nearest cross street;
(2) The name of the plan, if any, and the lot numbers of the abutting properties;
(3) The actual dimensions of the lot, the yard and other open space dimensions thereof, and the location and size of any existing structure thereon;
(4) The location and size of the proposed structure and/or the proposed enlargement of the existing structure; and
(5) Any other information that, in the judgment of the Zoning Officer, may be necessary to enforce this chapter.
(Prior Code, § 27.07.01.03)
§ 153.198 FEES FOR ZONING CERTIFICATES.
(A) A non-refundable application fee shall accompany each application for a zoning certificate. City Council, by separate ordinance, shall establish a schedule of fees for applications and permits. Permit application fees shall be applied to the cost of permits approved administratively or where the Board of Zoning Appeals reverses the determination of the Zoning Officer, approves a request for variance, authorizes a conditional or special use or approves a change in a non-conforming use. The application fee for applications or appeals denied by the Board shall be deposited with the City Auditor and shall not be refunded.
(B) The Zoning Officer shall act upon the original application within 30 days, and shall either issue a zoning certificate or describe in writing the reasons why a permit cannot be issued. He or she will also be responsible for collection and deposit of all fees for credit to the general revenue fund of the city.
(C) Zoning certificates shall be issued for a period of one year. A written request for a one-year extension may be submitted prior to expiration of the permit, and shall be reviewed by the authority approving the original application. Zoning certificates shall be revocable by the Zoning Officer if conditions change to the extent that the permit is no longer representative of the proposed activity, or if requirements are not being met. Revocation of a zoning certificate shall constitute an order to cease construction. Application for a zoning certificate shall constitute consent for access onto the premises under construction.
(D) If an application is submitted for review by a higher authority, such submittal for review shall constitute consent for access onto the premises by the reviewing authority.
(Prior Code, § 27.07.01.04)
§ 153.199 ZONING CERTIFICATE RECORDS.
A record of all zoning certificates shall be kept on file in the office of the Zoning Officer, or his or her agent, and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.
(Prior Code, § 27.07.01.05)
§ 153.200 REMEDIES.
(A) Any zoning certificate issued upon a false statement of any fact which is material to the issuance thereof shall be void.
(1) Whenever the fact of such false statements shall be established to the satisfaction of the issuing authority, the zoning certificate shall be revoked by notice, in writing, to be delivered to the holder of the voided certificate upon the premises concerned or, if such holders are not found there, by posting the said notice of revocation in some conspicuous place upon the said premises.
(2) Any person who shall proceed thereafter with such work or use without having obtained a new zoning certificate according to this chapter shall be deemed guilty of violating this chapter.
(B) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, structurally altered, maintained or used or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, the Zoning Officer, through the City Attorney or any adjacent or neighboring property owner who would be specially 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, structural alteration, maintenance or use.
(Prior Code, § 27.07.02.02)
§ 153.201 ENFORCEMENT.
(A) It shall be the duty of the Zoning Officer to enforce this chapter. It shall also be the duty of all officials and employees of the city to help with the enforcement of this chapter by reporting to the Zoning Officer facts concerning new construction, reconstruction or land uses or seeming violations.
(B) An appeal from the decision of the Zoning Officer may be made to the Board of Zoning Appeals.
(Prior Code, § 27.06.03.03)