New Concord City Zoning Code
CHAPTER 1181
Enforcement
1181.01 ZONING CERTIFICATES REQUIRED.
(a) It shall be unlawful for an owner to use or 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 the Zoning Inspector. It shall be the duty of the Zoning Inspector to issue a certificate, provided he is satisfied that the structure, building or premises and the proposed use thereof conform with all the requirements of this Ordinance. No permit 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 Ordinance.
(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) Conversion of any building into a dwelling or the conversion of any dwellings so as to accommodate an increased number of dwelling units or families.
(4) Occupancy and use of vacant land.
(5) Change in the use of land to a use of a different classification.
(6) Any change in the use of a nonconforming use.
(7) All lawful nonconforming uses of land or buildings created by adoption of this Ordinance or any amendment thereto.
(8) Construction/establishment of a parking area.
(Ord. K-5-94-2. Passed 5-9-94.)
1181.02 ZONING CERTIFICATES FOR EXISTING USES WHICH MAY BE NONCONFORMING.
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 Ordinance 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 Ordinance. No charge shall be made for issuing zoning certificate ln accordance with this paragraph.
(Ord. K-5-94-2. Passed 5-9-94.)
1181.03 APPLICATION AND ISSUANCE OF ZONING CERTIFICATES.
(a) Written application shall be made for a zoning certificate for the construction of a new building or the alteration of an existing building. Said certificate shall be issued within ten (10) working days after a complete written request for the same has been made to the Zoning Inspector or his agent, provided such construction or alteration is in conformity with the provisions of this Ordinance.
(b) Every application for a zoning certificate shall be accompanied by a plan in duplicate and such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made. Where construction or physical improvement of the land is involved, the lot and location of the buildings to be built thereon shall be staked out on the ground before construction is started, and all dimensions shown on filed plans shall be true. 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.
(5) Any other information that, in the judgment of the Zoning Inspector, may be necessary to enforce this Ordinance.
(c) The Zoning Inspector shall not issue a zoning certificate for any application requiring site plan review by the Planning Commission, unless the proposed site plan has been approved by the Commission. The Zoning Inspector also shall not issue a zoning certificate for any application requiring a certificate of appropriateness from the Design Review Board according to Section 1157.06.
(Ord. K-5-94-2. Passed 5-9-94.)
1181.04 FEES FOR ZONING CERTIFICATES.
A fee, according to a resolution passed by Village Council, shall accompany each application for a zoning certificate. The Zoning Inspector shall be responsible for collection and deposit of all fees for credit to the general revenue fund of the municipality.
(Ord. K-5-94-2. Passed 5-9-94.)
1181.05 ZONING CERTIFICATE RECORDS.
A record of all zoning certificates shall be kept on file in the office of the Zoning Inspector or his agent, and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.
(Ord. K-5-94-2. Passed 5-9-94.)
1181.06 VIOLATIONS; PENALTIES.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land ln violation of any regulation in or any provisions of this Ordinance or any amendment or supplement thereto as adopted by the Council. Any person, firm or corporation violating any regulation thereto shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than one hundred dollars ($100.00). Each day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate offense. (Ord. K-5-94-2. Passed 5-9-94.)
1181.07 REMEDIES.
(a) Any certificate issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statements shall be established to the satisfaction of the Council, the certificate shall be revoked by notice in writing to be delivered to the holder of the void certificate upon the premises concerned or if such holders be not found there, by posting the said notice of revocation in some conspicuous place upon the said premises. Any person who shall proceed thereafter with such work or use without having obtained a new certificate according to this Ordinance shall be deemed guilty of violation thereof.
(b) 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 Ordinance or any amendment or supplement thereto, the Zoning Inspector, Solicitor, 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, mandates, 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. K-5-94-2. Passed 5-9-94.)
1181.08 ZONING INSPECTOR.
It shall be the duty of the Zoning Inspector, who shall be appointed by the Mayor, to enforce this Ordinance. It shall also be the duty of all officials and employees of the Municipality to help the Zoning Inspector by reporting to him upon new construction, reconstruction, or land uses or upon seeming violations. An appeal from the decision of the Zoning Inspector may be made to the Board of Appeals, as provided in Chapter 1189.
(Ord. K-5-94-2. Passed 5-9-94.)