There is established the office of the New Lebanon Zoning Inspector. It shall be the duty of the Zoning Inspector, as provided under R.C. §§ 713.06 et seq., to enforce this zoning code in accordance with the provisions of this zoning code. All departments, officials, and public employees of the village which are vested with the duty or authority to issue certificate or license shall conform to the provisions of this zoning code and shall issue no certificate or license for any use, building, or purpose, if the same is in conflict with the provisions of this zoning code. Any certificate or license issued in conflict with the provisions of this zoning code, shall be null and void.
('80 Code, § 152.006) (Ord. 94-14, passed 7-5-94)
§ 152.007 CERTIFICATE OF OCCUPANCY REQUIRED.
(A) Where no new construction is to be carried out for nonresidential uses or where new construction has just been completed for any property, a certificate of occupancy shall be secured from the Zoning Inspector by the owner or his or her agent. Such certificate shall be required prior to the occupancy or use of a newly erected or constructed building or structure, or part thereof, prerequisite to the continued occupancy of a newly altered, reconstructed, enlarged, or relocated building or structure, and/or prerequisite to the continued occupancy of a reoccupied nonresidential property.
(B) The certificate of occupancy shall state that the completed improvement, relocation, or reoccupation has been inspected by the Zoning Inspector and has been found to be in compliance with this zoning code. In the case of existing buildings and structures, the need for a new certificate of occupancy shall exist whenever space is occupied that was not previously occupied, whenever the use made of a given space changes with reference to a category of zoning activity listed by the zoning code, or whenever nonresidential activity ceases and is later re-established.
(C) A temporary certificate of occupancy may be issued by the Zoning Inspector for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. The village shall have the right to require the property owner to sign a temporary occupancy permit agreement agreeing to perform the specified items of work.
(D) The Zoning Inspector shall maintain a record of all certificates of occupancy, and a copy shall be furnished upon request to any person.
(E) Failure to obtain a certificate of occupancy shall be a violation of the zoning code and punishable under the provisions contained herein.
(A) Until a zoning certificate has been obtained from the Zoning Inspector:
(1) The construction, building, moving, remodeling, or reconstruction of any building or structure shall not be commenced;
(2) The improvement of land preliminary to any use of such land shall not be commenced;
(3) The use of land, buildings, or structures for temporary and accessory uses and home occupations shall not be commenced; and
(4) A certificate pertaining to the temporary or permanent use of land, buildings, or structures shall not be issued by any official, officer, employee, department, board, or bureau of the village.
(B) Failure to obtain a zoning certificate from the Zoning Inspector shall be a violation of this zoning code and punishable under § 152.999(A).
(A) Each application for a zoning certificate shall be made on forms provided by the village and shall be accompanied by a plan in duplicate drawn to scale, one copy of which shall be returned to the owner on approval.
(B) The plan shall show the following:
(1) The actual dimensions of the lot including easements;
(2) The exact size and location of all buildings existing on the lot;
(3) The proposed new construction;
(4) The existing and intended use of all parts of the land or buildings; and
(5) Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this zoning code.
('80 Code, § 152.009) (Ord. 94-14, passed 7-5-94)
§ 152.010 ISSUANCE OF ZONING CERTIFICATE; PERIOD OF VALIDITY.
(A) Zoning certificates shall be issued or refusal thereof given within ten working days after the date of application. Written notice of refusal and reason therefor shall be given to the applicant.
(B) If the work described in any zoning certificate has not begun within one year from the date of issuance thereof, said zoning certificate shall expire and be revoked by the Zoning Inspector. Written notice of such expiration and revocation shall be given to the persons affected. If the work described in any zoning certificate has not been substantially completed within two years of the date of issuance thereof, said zoning certificate shall expire and be revoked by the Zoning Inspector. Written notice of such expiration and revocation shall be given to the persons affected, together with notice that further work as described in the canceled zoning certificate shall not proceed unless and until a new zoning certificate has been obtained or extension granted.
(C) A person holding an unexpired zoning certificate may apply for a one-time extension for a period not to exceed one year, provided that he or she can show good and satisfactory reasons that are beyond his or her control why the work cannot be commenced within the one year period from the issue date. The fee for such extension shall be one-half the amount required for a new zoning certificate for such work, provided that no changes have been made in the original plans and specifications for such work.
('80 Code, § 152.010) (Ord. 94-14, passed 7-5-94)
§ 152.011 FEES.
(A) Any application under this zoning code for a zoning certificate, variance, conditional use permit, certificate of occupancy, sign permit, planned development, or an amendment, and any filing of a notice of appeal shall be accompanied by such fee as shall be specified from time to time by ordinance of Council. There shall be no fee, however, in the case of applications filed the by Council or the Planning Commission.
(B) The fees shall be in addition to the regular building permit fees and any other fees which may be imposed under applicable ordinance of the municipality. The fees imposed by this zoning code are only intended to defray in part the costs involved in applications, such as publishing and/or posting and mailing the notices of the hearing or hearings and review of plans by the Zoning Inspector. These fees are not refundable regardless of the outcome of the application.
('80 Code, § 152.011) (Ord. 94-14, passed 7-5-94)
New Lebanon City Zoning Code
ZONING INSPECTOR
CERTIFICATES, AND FEES
§ 152.006 ZONING INSPECTOR.
There is established the office of the New Lebanon Zoning Inspector. It shall be the duty of the Zoning Inspector, as provided under R.C. §§ 713.06 et seq., to enforce this zoning code in accordance with the provisions of this zoning code. All departments, officials, and public employees of the village which are vested with the duty or authority to issue certificate or license shall conform to the provisions of this zoning code and shall issue no certificate or license for any use, building, or purpose, if the same is in conflict with the provisions of this zoning code. Any certificate or license issued in conflict with the provisions of this zoning code, shall be null and void.
('80 Code, § 152.006) (Ord. 94-14, passed 7-5-94)
§ 152.007 CERTIFICATE OF OCCUPANCY REQUIRED.
(A) Where no new construction is to be carried out for nonresidential uses or where new construction has just been completed for any property, a certificate of occupancy shall be secured from the Zoning Inspector by the owner or his or her agent. Such certificate shall be required prior to the occupancy or use of a newly erected or constructed building or structure, or part thereof, prerequisite to the continued occupancy of a newly altered, reconstructed, enlarged, or relocated building or structure, and/or prerequisite to the continued occupancy of a reoccupied nonresidential property.
(B) The certificate of occupancy shall state that the completed improvement, relocation, or reoccupation has been inspected by the Zoning Inspector and has been found to be in compliance with this zoning code. In the case of existing buildings and structures, the need for a new certificate of occupancy shall exist whenever space is occupied that was not previously occupied, whenever the use made of a given space changes with reference to a category of zoning activity listed by the zoning code, or whenever nonresidential activity ceases and is later re-established.
(C) A temporary certificate of occupancy may be issued by the Zoning Inspector for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. The village shall have the right to require the property owner to sign a temporary occupancy permit agreement agreeing to perform the specified items of work.
(D) The Zoning Inspector shall maintain a record of all certificates of occupancy, and a copy shall be furnished upon request to any person.
(E) Failure to obtain a certificate of occupancy shall be a violation of the zoning code and punishable under the provisions contained herein.
(A) Until a zoning certificate has been obtained from the Zoning Inspector:
(1) The construction, building, moving, remodeling, or reconstruction of any building or structure shall not be commenced;
(2) The improvement of land preliminary to any use of such land shall not be commenced;
(3) The use of land, buildings, or structures for temporary and accessory uses and home occupations shall not be commenced; and
(4) A certificate pertaining to the temporary or permanent use of land, buildings, or structures shall not be issued by any official, officer, employee, department, board, or bureau of the village.
(B) Failure to obtain a zoning certificate from the Zoning Inspector shall be a violation of this zoning code and punishable under § 152.999(A).
(A) Each application for a zoning certificate shall be made on forms provided by the village and shall be accompanied by a plan in duplicate drawn to scale, one copy of which shall be returned to the owner on approval.
(B) The plan shall show the following:
(1) The actual dimensions of the lot including easements;
(2) The exact size and location of all buildings existing on the lot;
(3) The proposed new construction;
(4) The existing and intended use of all parts of the land or buildings; and
(5) Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this zoning code.
('80 Code, § 152.009) (Ord. 94-14, passed 7-5-94)
§ 152.010 ISSUANCE OF ZONING CERTIFICATE; PERIOD OF VALIDITY.
(A) Zoning certificates shall be issued or refusal thereof given within ten working days after the date of application. Written notice of refusal and reason therefor shall be given to the applicant.
(B) If the work described in any zoning certificate has not begun within one year from the date of issuance thereof, said zoning certificate shall expire and be revoked by the Zoning Inspector. Written notice of such expiration and revocation shall be given to the persons affected. If the work described in any zoning certificate has not been substantially completed within two years of the date of issuance thereof, said zoning certificate shall expire and be revoked by the Zoning Inspector. Written notice of such expiration and revocation shall be given to the persons affected, together with notice that further work as described in the canceled zoning certificate shall not proceed unless and until a new zoning certificate has been obtained or extension granted.
(C) A person holding an unexpired zoning certificate may apply for a one-time extension for a period not to exceed one year, provided that he or she can show good and satisfactory reasons that are beyond his or her control why the work cannot be commenced within the one year period from the issue date. The fee for such extension shall be one-half the amount required for a new zoning certificate for such work, provided that no changes have been made in the original plans and specifications for such work.
('80 Code, § 152.010) (Ord. 94-14, passed 7-5-94)
§ 152.011 FEES.
(A) Any application under this zoning code for a zoning certificate, variance, conditional use permit, certificate of occupancy, sign permit, planned development, or an amendment, and any filing of a notice of appeal shall be accompanied by such fee as shall be specified from time to time by ordinance of Council. There shall be no fee, however, in the case of applications filed the by Council or the Planning Commission.
(B) The fees shall be in addition to the regular building permit fees and any other fees which may be imposed under applicable ordinance of the municipality. The fees imposed by this zoning code are only intended to defray in part the costs involved in applications, such as publishing and/or posting and mailing the notices of the hearing or hearings and review of plans by the Zoning Inspector. These fees are not refundable regardless of the outcome of the application.