(a)   A Zoning Inspector designated by the City Manager shall administer and enforce this Zoning Code. The Inspector may be provided with the assistance of such other persons as the Manager may direct. The Inspector, before entering upon his or her duties, shall give bond as specified in Ohio R.C. 733.69 and 733.70.

   (b)   The Zoning Inspector may file any misdemeanor complaints and issue any misdemeanor citations necessary to enforce this Code.

   (c)   For the purposes of this Zoning Code, the Inspector shall:

      (1)   Upon finding that any of the provisions of this Zoning Code are being violated, notify in writing the person responsible for such violation, ordering the action necessary to correct such violation;

      (2)   Order the discontinuance of illegal uses of land, buildings or structures;

      (3)   Order the removal of illegal buildings or structures or illegal additions or structural alterations;

      (4)   Order the discontinuance of any illegal work being done; and

      (5)   Take any other action authorized by this Zoning Code to ensure compliance with or to prevent violations of this Zoning Code. This may include the issuance of and action on zoning permits and such similar administrative duties as are permissible under law, and filing or issuing misdemeanor complaints or citations.

(Ord. 82-38. Passed 9-20-82; Ord. 2024-15. Passed 4-15-24.)

   (a)   The Planning Board, as provided for in Section 8.02 of the Municipal Charter, shall consist of five members appointed by Council.

   (b)   The Board shall adopt rules necessary to the conduct of its affairs in keeping with this Zoning Code. Meetings shall be held at the call of the Chairman of the Board and at such other times as the Board may determine. The Chairman or, in his or her absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if a member is absent or fails to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.

(Ord. 82-38. Passed 9-20-82.)

   (c)   For the purposes of this Zoning Code, the Planning Board shall:

      (1)   Review all proposed amendments to this Zoning Code and make recommendations to Council;

      (2)   Recommend approval or disapproval of all planned unit developments and mobile home park proposals; and

      (3)   Review all proposed conditional use applications and make recommendations to Council.

(Ord. 85-11. Passed 3-4-85.)

   As specified in this chapter, the Board of Appeals has appellate jurisdiction relative to appeals and variances.

(Ord. 82-38. Passed 9-20-82.)

   Appeals to the Board of Appeals concerning the interpretation or administration of this Zoning Code may be taken by any person aggrieved or by any officer or bureau of Council affected by any decision of the Zoning Inspector, other than the decision to file or issue a misdemeanor complaint or citation. Such appeal shall be taken within twenty days after the decision by filing, with the Inspector and with the Board, a notice of appeal specifying the grounds upon which the appeal is being taken. The Inspector shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(Ord. 82-38. Passed 9-20-82; Ord. 2024-15. Passed 4-15-24.)

   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal is filed with him or her, that by reason of facts stated in the application, a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, upon notice to the Inspector, on due cause shown.

(Ord. 82-38. Passed 9-20-82.)

   (a)   Upon appeal, the Board of Appeals may authorize a variance where, because of physical circumstances such as exceptional narrowness, shallowness, shape, topographic condition or other extraordinary lot conditions, there is no possibility that the property can be developed in strict conformity with this Zoning Code and adjustment is therefore necessary to enable the reasonable use of the property, provided that such minimum relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this Zoning Code.

   (b)   No variance shall be granted unless the Board finds that all of the following conditions exist:

      (1)   The proposed variance will not constitute a change, including an adjustment in use, on the Official Zoning Map. In no case shall the Board approve a variance for a use not permitted in the zoning district in which the land, structures or buildings are located.

      (2)   The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not result from the actions of the applicant or apply generally to other buildings or land in the vicinity.

      (3)   The literal interpretation of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under this Zoning Code.

      (4)   The granting of the variance is necessary for the preservation and enjoyment of the substantial property right and will not merely serve as a convenience to the applicant.

      (5)   The granting of the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by this Zoning Code to other land, structures or buildings in the same zoning district.

      (6)   The granting of the variance will be in harmony with the general purposes and intent of this Zoning Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

   Should the Board disapprove an application or request for a variance from the literal interpretation of this Zoning Code, no subsequent application requesting the same variance shall be filed by an applicant, whether or not by the same person, until the expiration of twelve months after the original or subsequent disapproval.

(Ord. 82-38. Passed 9-20-82.)

   A variance from the provisions of this Zoning Code shall not be granted by the Board of Appeals unless and until a written application for a variance is submitted to the Zoning Inspector and the Board containing:

   (a)   The name, address and phone number of the applicant;

   (b)   A legal description of the property;

   (c)   A description of the nature of the variance requested; and

   (d)   A narrative statement demonstrating that the requested variance conforms to the following standards:

      (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, structures or buildings in the same district;

      (2)   That a literal interpretation of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under this Zoning Code;

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

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

(Ord. 82-38. Passed 9-20-82.)

   In granting an appeal or variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. A 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 this Zoning Code and punishable under Section 1244.99. Under no circumstances shall the Board grant an appeal or variance to allow a use not permissible under this Zoning Code in the district involved or a use expressly or by implication prohibited by this Zoning Code in such district.

(Ord. 82-38. Passed 9-20-82.)

    (b)   Notice in Newspaper. Before holding the public hearing required in subsection (a) hereof, notice of such hearing shall be given in one or more newspapers of general circulation in the Municipality at least seven days before the date of such hearing. The notice shall set forth the time and place of the hearing and the nature of the proposed appeal or variance.

    (c)   Notice to Interested Parties. Before holding the public hearing required in subsection (a) hereof, written notice of such hearing shall be mailed by the Chairman of the Board of Appeals, or delivered in a method approved by the Board, at least seven days before the day of the hearing, to all owners of properties within 500 feet of the property requesting the variance. The notice shall contain the same information as required of the notice required in subsection (b) hereof.

(Ord. 82-38. Passed 9-20-82; Ord. 10-47. Passed 12-6-10; Ord. 12-45. Passed 9-4-12.)

   No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use, without first obtaining a permit therefor from the Zoning Inspector. If such building, structure or land does not conform to this Zoning Code, a written order must be granted from the Board of Appeals deciding an appeal or variance, as provided in this Zoning Code.

(Ord. 82-38. Passed 9-20-82; Ord 85-11. Passed 3-4-85.)

   An application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within six months or substantially completed within one and one-half years. At a minimum, the application shall contain the following information:

   (a)   The name, address and phone number of the applicant;

   (b)   A legal description of the property;

   (c)   The existing use;

   (d)   The proposed use;

   (e)   The zoning district;

   (f)   Plans, in triplicate, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon, the exact size and location of existing buildings on the lot, if any, and the location and dimensions of the proposed building or alteration;

   (g)   Building heights;

   (h)   The number of off-street parking spaces or loading berths;

   (i)   The number of dwelling units; and

   (j)   Such other matters as may be necessary to determine conformity with, and provide for the enforcement of, this Zoning Code.

(Ord. 82-38. Passed 9-20-82.)

   Within thirty days after the receipt of the application provided for in Section 1244.11, the Zoning Inspector shall either approve or disapprove the application in conformity with this Zoning Code. All zoning permits shall, however, be conditional upon the commencement of work within six months.

   Two copies of the plans required in Section 1244.11 shall be returned to the applicant by the Inspector, after he or she has marked such copies either as approved or disapproved and attested to the same by his or her signature on such copies. One of the copies shall be delivered by the applicant to the County Building Department, to be kept in its records, and the other shall be the property of the applicant. The third copy, similarly marked, shall be retained by the Inspector.

   The 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 alteration is in conformity with this Zoning Code.

(Ord. 82-38. Passed 9-20-82.)

   Before a 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 Ohio Department of Transportation, or any land within a radius of 500 feet from the point of intersection of such centerline with a public road or highway, the Zoning Inspector shall give notice, by registered or certified mail, to the Director. The Inspector shall not issue a zoning permit for 120 days from the date the notice is received by the Director. If the Director notifies the Inspector that he or she intends to proceed to acquire the land, then the Inspector shall refuse to issue the zoning permit. If the Director notifies the Zoning Inspector that acquisition at the time is not in the public interest, or upon the expiration of the 120-day period or any extension thereof agreed upon by the Director and the property owner, the Inspector shall, if the application is in conformity with all provisions of this Zoning Code, issue the zoning permit.

(Ord. 82-38. Passed 9-20-82.)

   If the work described in a zoning permit has not begun within six months from the date of issuance thereof, such permit shall expire and be revoked by the Zoning Inspector, and written notice thereof shall be given to the persons affected.

   If the work described in a zoning permit has not been substantially completed within one and one-half years of the date of issuance thereof, such permit shall expire and be revoked by the Inspector, and written notice thereof shall be given to the persons affected, together with notice that further work, as described in the cancelled permit, shall not proceed until a new zoning permit has been obtained or an extension granted.

(Ord. 82-38. Passed 9-20-82.)

   A zoning permit issued on the basis of plans and applications approved by the Zoning Inspector shall authorize only the use, arrangement and construction set forth in such approved plans and applications, or amendments thereto. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this Zoning Code and punishable as provided in Section 1244.99.

(Ord. 82-38. Passed 9-20-82.)

   Council shall establish a schedule of fees, charges and expenses, and a procedure for collection thereof, for zoning permits, appeals and other matters pertaining to this Zoning Code. The schedule of fees shall be posted in the office of the Zoning Inspector and may be altered or amended by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken by any application or appeal.

(Ord. 82-38. Passed 9-20-82.)

   Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, a person may file a written complaint with the Zoning Inspector, such complaint to state fully the causes and basis thereof. The Inspector shall properly record such complaint, immediately investigate it and take action thereon as provided by this Zoning Code.

(Ord. 82-38. Passed 9-20-82.)

   (a)   Whoever violates or fails to comply with any of the provisions of this Zoning Code shall be guilty of a minor misdemeanor and upon conviction thereof be fined not less than one hundred dollars ($100.00) but not more than one hundred fifty dollars ($150.00) for each offense. Any person convicted of a second offense of this section within two years of the first offense shall be guilty of a misdemeanor of the fourth degree and, upon conviction thereof, shall be fined not less than one hundred fifty dollars ($150.00) but not more than two hundred fifty dollars ($250.00), or imprisoned not more than thirty days, or both. Any person convicted of a third offense of this section within three years of the first offense shall be guilty of a misdemeanor of the first degree and, upon conviction thereof, shall be fined not less than two hundred fifty dollars ($250.00) but not more than one thousand dollars ($1,000), or imprisoned not more than 180 days, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (b)   The owner or tenant of any building, structure, premises or part thereof, or any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such a violation or noncompliance, is guilty of a separate offense and shall suffer the penalty provided in subsection (a) hereof.

   (c)   Nothing in this section shall prevent the municipality from taking such other lawful action as is necessary to prevent or remedy such a violation or noncompliance.

   (d)   Any violation of any section of this Zoning Code is a strict liability offense.

(Ord. 82-38. Passed 9-20-82; Ord. 2024-15. Passed 4-15-24.)