(A)   There is hereby established the office of Zoning Administrator. It shall be the duty of the Zoning Administrator to enforce this chapter in accordance with the provisions hereof. The Zoning Administrator shall issue all zoning and building permits. All departments, officials, and public employees of the village, vested with the duty or authority to issue other permits or licenses, shall conform to the provisions of this chapter and shall not issue a permit for any use, building or purpose in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

   (B)   All building permits and zoning certificates will expire within 12 months from the date of issuance if construction has not commenced. Once construction has commenced, the exterior must be complete within 12 months.

   (C)   If a project which requires action by the Board of Zoning Appeals or Planning Commission is not completed within 12 months, the approval shall expire, and applicant will be required to re-submit their original request or remove the structure within 30 days of the expiration.

(Ord. 1969-11-22, passed 11- -69; Am. Ord. 2007-9-39, passed 11-27-07)

   (A)   Every application for a building and zoning permit, conditionally permitted use or variance shall be accompanied by a scale drawing in duplicate 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 location, size, and height of any building or structure to be erected or altered; the existing or 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 chapter. One copy of such plans shall be returned to the owner, when such plans shall have been approved by the Zoning Administrator, together with such building and zoning permit as may be granted.

   (B)   The Zoning Administrator shall act upon all applications on which he is authorized to act by the provisions of this chapter within seven days after these are filed in full compliance with all the applicable requirements as specified in division (A) above. He shall either issue a Building and Zoning Permit within the seven days or shall notify the applicant in writing of his refusal of such permit and the reasons therefor. Failure to so notify the applicant in case of such refusal within the seven days shall entitle the applicant to submit his request to the Board of Zoning Appeals.

   (C)   Assessment of fees. The Zoning Administrator shall collect fees, according to the following schedule of fees, from all applicants requesting the following:

      (1)   Zoning compliance certificates, including buildings,         $20

         signs, structures and fences

      (2)   Any proceeding of the Planning Commission and/or Board      $75

         of Zoning Appeals that requires the publication of a legal notice

   (D)   Refunds and credits.  

      (1)   There shall be no refunds or credits regardless of approval or disapproval by any village body, nor if the proceedings are dropped by the applicant any time after an application is filed.

      (2)   Fees for third party appeals may be refunded at the discretion of the Board of Zoning Appeals.

(Ord. 1969-11-22, passed 11- -69; Am. Ord. 2007-9-39, passed 11-27-07)

   Whenever justified or required by the public necessity, convenience, general welfare or good zoning practice, and after public hearing, report and recommendations of the Planning Commission thereon, the Council may, by ordinance, amend the regulations set forth in this chapter for the zoning districts and on the official zoning map in accordance with the procedure set forth in this chapter.

   (A)   The Planning Commission may, upon its own motion, propose and hear amendments to the district boundaries or to the text of this chapter. Any person owning or occupying real estate may petition the Council to amend the boundaries of the district in which such real estate is located or on which such real estate abuts. Such a petition shall be referred to the Planning Commission for hearing, report and recommendation.

   (B)   The Planning Commission, before submitting its recommendations on a proposed amendment to the Council, shall hold at least one public hearing thereon, notice of which shall be given in a newspaper of general circulation in the village at least ten days prior to such hearing, which notice shall state the time, place and purpose of such hearing. If no local newspaper exists, notice shall be posted in at least three public places within the village.

   (C)   If such amendments are made to either the text of the zoning code or the official zoning map, the text of the zoning code shall promptly reflect such amendment. In the event the official zoning map is amended, such amendment shall promptly be entered on the official zoning map together with an entry stating the date of amendment, a brief statement of the nature of the amendment, and the signature of the Mayor. Such amendments to the official zoning map or the text of the zoning code shall not become effective until they have been entered in the text or upon the map.

   (D)   Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the Zoning Administrator's office shall be the final authority as to the current zoning status of land, buildings, and other structures within the village.

   (E)   In the event the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the number of changes or additions the Village Council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new map shall bear a statement certifying that the new map is the new official zoning map and supersedes and replaces the official zoning map adopted (the date of original adoption) and also stating the date of adoption of the new map.

   (F)   Procedures before the Planning Commission shall be governed by rules and regulations adopted by the Commission.

   (G)   The Council shall comply with the provisions of R.C. § 713.12.

(Ord. 1969-11-22, passed 11- -69)

   (A)   There is hereby created a Board of Zoning Appeals. The Board shall consist of five members, appointed by the Mayor and approved by the Village Council, for terms of five years, except that of those first appointed, one shall serve for one year, one for two years, one for three years, one for four years, and one for five years. Vacancies shall be filed in the same manner for the unexpired term. The members of the Board shall serve at such compensation as may be fixed by ordinance.

   (B)   The Board shall adopt rules and regulations consistent with this chapter. Regular meetings of the Board shall be held at such times as the Board may determine, and shall be specified in the rules and regulations of the Board. The Mayor shall appoint a Chairman, Vice-Chairman, and a Secretary. Special meetings may be called by the Chairman or, in his absence, by the Vice-Chairman. There shall be a fixed place of meeting and all meetings shall be open to the public.

   (C)   The Board shall keep minutes of its proceedings, showing the action of the Board and the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of all its official actions, all of which shall be filed promptly in the office of the Mayor and shall be a public record. The presence of three members shall constitute a quorum. The concurring vote of three members of the Board shall be necessary to reverse an order, requirement, decision, or determination of the Zoning Administrator or the Planning Commission. The Board shall act by resolution, and a copy of each resolution duly adopted shall be filed in the office of the Mayor.

(Ord. 1969-11-22, passed 11- -69)

   The Board shall act in strict accordance with the procedures specified by this chapter. All appeals made to the Board shall be in writing, and shall be filed with the Secretary at least 14 days before the meeting at which they are to be heard. Each application or appeal shall refer to the specific provision of the code involved, and shall set forth exactly the interpretation that is claimed, the use for which special exception is sought, a clear description of the land involved, or the details of the variance that is applied for and the grounds upon which it is claimed that the variance should be granted, as the case may be.

   (A)   Filing appeals. An appeal to the Board may be taken by any property owner or tenant, other person aggrieved, or by a governmental officer, department, board or bureau affected. Such appeal, in a form approved by the Board, shall be filed within 20 days after the decision of the Zoning Administrator, or Planning Commission. The appeal shall be filed with the Zoning Administrator, who will transmit the same, together with all the scale plot drawings, plans, specifications, and other papers pertaining to the appeal, to the Secretary of the Board of Appeals.

   (B)   Hearings; dates and notices. When an appeal has been filed in proper form and with the required data, the Secretary of the Board shall immediately notify the Chairman, who will send notices stating the time, place and object of the hearing. Such notices shall be served personally or by mail, at least ten days prior to the date of such hearing, upon the appellant, and to such persons as the Board may specify in its rules and regulations. The Board shall also publish one or more notices of such hearing in a newspaper of general circulation in the village at least ten days prior to the public hearing. Any party may appear at such hearings in person or by agent or attorney.

   (C)   Decisions of the Board. The Board shall decide all appeals within 60 days after completion of hearing. Such decision shall be binding upon the Zoning Administrator and/or Planning Commission. The terms and conditions of the decision by the Board shall be incorporated into any permit, whenever a permit is so authorized.

   (D)   Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the appeal, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be granted by the Board after notice to the Zoning Administrator, or by judicial proceedings.

(Ord. 1969-11-22, passed 11- -69)

   (A)   In exercising its powers, the Board, in conformity with the provisions of statute and this chapter, may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as in its judgment ought to be made, and to that end shall have all powers of the office from which the appeal is taken. The Board shall have and shall be limited strictly to the powers and duties prescribed by law and by this chapter. Appeals from the decision of the Board of Appeals may be heard by a court of law.

   (B)   Upon appeal from a decision by the Zoning Administrator, the Board shall have the power to decide any question involving the interpretation of the zoning text or map, as follows:

      (1)   In case there is a question as to the intended meaning of any provision of the Zoning text, the Board may interpret its meaning as it applies to a particular property. Before reaching a decision in response to any request, the Board may obtain the opinion of the Village Solicitor thereon.

      (2)   Where the street or lot layout actually on the ground or as recorded, differs from the street and lot lines as shown on the zoning map, the Board, after notice of public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this chapter for the particular section or district in question. In case of any question as to the location of any boundary line between zoning districts, an application for interpretation of the zoning map may be made to the Board, and a determination shall be made by the Board by following the procedure established in § 152.59.

   (C)   The Board may hear and decide, in accordance with the provisions of this chapter, appeals from the Planning Commission for applications for conditionally permitted uses. In considering an application for a conditional use, the Board shall give due regard to the nature and condition of all adjacent uses and structures and the consistence therewith of the proposed use and development. Before authorizing a use as a conditional use, the Board shall determine whether the proposed exception or use would be hazardous, harmful, noxious, offensive, or a nuisance to the surrounding neighborhood by reason of noise, smoke, odor, vibration, dust and dirt, cinders, noxious gases, glare and heat, fire and safety hazards, sewage wastes and pollution, transportation and traffic, aesthetic and psychological effects. Upon authorizing a conditional use, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this chapter for the particular conditional use, as the Board may deem necessary for the protection of adjacent properties and public interest.

   (D)   The Board shall have the power to authorize upon appeal from the Planning Commission, such variances from the provisions or requirements of this chapter as will not be contrary to the public interest, whereby strict application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land or buildings involved, but in no other case. No variance from the strict application of any provision of this chapter shall be granted by the Board unless it finds, beyond reasonable doubt, that all the following facts and conditions exist.

      (1)   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, buildings, or structures within the same district.

      (2)   That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

      (3)   That the special conditions and circumstances do not result from the actions of the applicant.

      (4)   That granting the variance requested will not confer on the applicant any special privilege which is denied by this chapter to other lands, structures, or buildings in the same district.

      (5)   That granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

   (E)   In no case, shall the Board of Appeals approve a variance for a use which is not a permitted use in the district in which the property, building, or structure is located.

(Ord. 1969-11-22, passed 11- -69)

   Every conditional permit or variation of the application of the literal provisions of this chapter, allowed or granted, as provided in this chapter, shall expire and be of no force or effect after the expiration of six months from the date thereof, unless the beneficiary of such variation or conditional permit shall have actually, within such period, put the subject property to the purpose for which such variation or conditional permit use shall have been granted or allowed.

(Ord. 1969-11-22, passed 11- -69)

   Where the owner and/or occupant of any premises fails to comply with a notice of violation of any of the provisions of this chapter, the owner or occupant shall be considered to be in violation of this chapter and the Zoning Administrator shall proceed at law to compel compliance and to prosecute the violation.

(Ord. 2005-5-21, passed 6-28-05)