Subject to the provisions of Sections 1244.04 and 1282.02, this Zoning Code is not intended to abrogate or annul any of the following:

   (a)   Permits existing before the effective date of this Zoning Code; or

   (b)   Any easement, covenant or other restriction established by private agreement or by statute or ordinance, provided, however, that where this Zoning Code imposes a greater restriction upon the uses of buildings or lots, or upon the height of buildings, or requires larger space than is imposed or required by any other applicable rule, covenant or law, the provisions of this Zoning Code shall govern.

(Ord. 2002-45. Passed 8-22-02.)

   (a)   A zoning certificate is required before:

      (1)   Locating, building, constructing, reconstructing, enlarging or structurally altering any new or existing building or structure, including signs, accessory buildings, accessory structures, and also new roofing, new windows and new siding. Fee shall be waived if property owner performs the work for installing new roofing, new windows and new siding.

      (2)   Changing the use of any existing building or structure, or changing the use of vacant land or land already in use, to a different use. It is unlawful to use, occupy or permit the use or occupancy of any building or premises, unless it conforms to the requirements of this Zoning Code.

   (b)   Applications for zoning certificates shall be in writing, upon standard forms devised by the Zoning Inspector and made available at the Planning and Zoning office. The forms may be completed by the Zoning Inspector or the applicant and shall be prepared in triplicate and distributed as follows:

      (1)   The original shall be for the applicant;

      (2)   One copy shall be for the permanent records of the Zoning Inspector; and

      (3)   One copy shall be for the records of the Income Tax Office.

   (c)   The forms shall be so devised as to provide a space for the Zoning Inspector to note thereon a record of the action he or she takes on the application and to provide for the setting forth of accurate information and dimensions with respect to the following:

      (1)   The size and location of the lot;

      (2)   The size and location of the buildings and structures proposed or existing on the lot; and

      (3)   The location and dimensions of all proposed construction or alteration, including:

         A.   Any change in the use of a building or the land;

         B.   The dimensions of all yard and open spaces;

         C.   Accurate site and floor plans; and

         D.   Any other information reasonably required or desirable for the proper enforcement of this Zoning Code.

   (d)   Upon the filing of a completed and signed application for a zoning certificate with the Zoning Inspector, he or she shall act thereon and approve the same or deny the same within fourteen days after the filing of the application, if he or she is satisfied that the application complies or fails to comply with all the provisions of this Zoning Code. If an application is denied, the Zoning Inspector shall note thereon the reason for such denial. The Zoning Inspector shall file the original of the application with the Clerk, who shall indicate on his or her file copy the action taken, and the Clerk shall forward the original application to the applicant. An application that has been approved by the Zoning Inspector shall constitute the zoning certificate for the applicant's use. Any plans or specifications submitted with the application shall be forwarded to the Zoning Inspector and thereafter retained in his or her files, irrespective of the action taken by him or her.

   (e)   A zoning certificate shall be void if:

      (1)   The terms and conditions contained in the certificate are not performed;

      (2)   The certificate was issued upon a false statement of any fact material to the issuance thereof; or

      (3)   After the expiration of one year, less than forty percent of the construction has taken place according to the terms and conditions contained in the certificate, or if thereafter, completion of construction has not occurred within two years following the date the permit was issued. When such nonperformance or false statement is established to the satisfaction of the Zoning Inspector, the zoning certificate shall be revoked. Written notice of such revocation shall be either by personal delivery to the holder of the void certificate upon the premises, or by posting the notice in a conspicuous place upon the premises. All work upon, or use of, the premises which is not in conformity with the provisions of this Zoning Code shall be deemed a violation of this Zoning Code and shall cease or be removed or restored at the expense of the violator.

(Ord. 2002-45. Passed 8-22-02; Ord. 2008-15. Passed 6-12-08.)

   (a)   The Zoning Inspector shall have the primary duty of enforcing the provisions of this Zoning Code. It shall be the duty of all officers and employees of the City, and especially of all members of the Police and Fire Departments, to assist the Zoning Inspector by reporting to him or her all apparent violations of this Zoning Code so that he or she may take the necessary action. The Zoning Inspector is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Zoning Code. Prior to seeking entry to any property, the Zoning Inspector shall attempt to obtain the permission of the owner or occupant to inspect the same. If such permission is denied, or cannot be obtained, the Zoning Inspector shall request assistance from the City Attorney.

   (b)   Subsequent to the Zoning Inspector determining that work is being done contrary to the requirements of this Zoning Code, the Zoning Inspector shall write a stop work order and post it on the premises involved.

   (c)   Any location, erection, construction, reconstruction, enlargement or structural alteration of any new or existing building or structure, including signs, accessory buildings and accessory structures, without first obtaining a proper zoning permit therefor, shall be subject to double the usual fee.

   (d)   In cases where a permit fee is waived, and proper permits are not obtained prior to work being started, the standard fee shall apply.

(Ord. 2002-45. Passed 8-22-02.)

   Any structure or use of a building or land erected, relocated, structurally altered or used in violation of the provisions of Ordinance 62-4, passed December 17, 1962, and superseded by this Zoning Code and not specifically authorized by this Zoning Code, shall be considered a continuing violation subject to the penalties and sanctions of this Zoning Code.

(Ord. 2002-45. Passed 8-22-02.)

   All subdivision of land shall be accomplished according to lot size requirements described in this Zoning Code and in conformance with the Subdivision Regulations of the City.

(Ord. 2002-45. Passed 8-22-02.)

   (a)   Within each zoning district, uses may be listed which are conditional. Conditional uses are uses that may be acceptable and in keeping with the purpose and intent of this Zoning Code in a given zoning district under certain circumstances. To provide for this, a conditional use may be allowed in a zoning district with prior approval from the Planning Commission. The Planning Commission may include special conditions and requirements as described in Section 1244.07 as a condition of approval.

    (b)   To approve a conditional use, the Planning Commission must find that:

      (1)   The proposed use is in fact listed as a conditional use in the district in which the property in question is located.

      (2)   Any lights from parking areas, signs or other sources will not affect neighboring property.

      (3)   The proposed conditional use will not generate noise to a level that would be objectionable to surrounding neighbors.

      (4)   Screening and plantings will be provided as deemed necessary to screen the view from adjacent residential property.

      (5)   The proposed conditional use will be adequately served by essential and required public facilities.

      (6)   The proposed conditional use will not involve uses, activities, processes, materials, equipment or conditions of operation that will be detrimental to any adjoining property.

      (7)   The proposed conditional use will have vehicular approaches to the property that shall be so designed as not to create traffic flow problems.

      (8)   Any building involved with the conditional use will be designed to conform with the architectural character of the neighborhood.

      (9)   The proposed conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the surrounding neighborhood.

      (10)   Approval of the conditional use will be in accordance with the purpose and intent of this Zoning Code.

      (11)   The proposed conditional use will not be hazardous or disturbing to any existing or future neighborhood uses.

   (c)   In cases where conditional use approval is required, along with approval of a site plan pursuant to Section 1250.12, the Planning Commission shall review both matters concurrently.

(Ord. 2002-45. Passed 8-22-02.)

   In approving a conditional use, the Planning Commission may require other improvements and safeguards for protection of the health, safety and welfare of owners and occupants of the surrounding neighborhood. Specifically, the Planning Commission, in such cases, may attach conditions that deal with a variety of concerns, including, but not necessarily limited to, the following:

   (a)   Paving, shrubbery, ornamental or screening fences or walls;

   (b)   The control or elimination of smoke, dust, radiation, vibration, gas, noise or odor;

    (c)   The hours of operation;

   (d)   The location of exits or show windows;

   (e)   Cleaning and painting;

   (f)   The elimination of any existing nonconforming uses of land, buildings or signs;

   (g)   The direction and intensity of outdoor illumination; and

   (h)   The amount and location of off-street parking and signage.

(Ord. 2002-45. Passed 8-22-02.)

   (EDITOR'S NOTE: Section 1244.08 was repealed by Ordinance 97-52, passed June 26, 1997.)

   (EDITOR'S NOTE: Section 1244.09 was repealed by Ordinance 97-52, passed June 26, 1997.)

   Council shall, by resolution, establish a schedule of fees for zoning permits, amendments, appeals, variances, conditional uses, plan approvals, and other procedures and services concerning the administration of this Zoning Code. Except as herein provided, until all appropriate fees have been paid in full, no action shall be taken on any application, appeal or other administrative procedure. If the applicant for any permit, appeal or other administrative procedure is the State of Ohio or any of its political subdivisions, departments or agencies, then the required fees shall be waived.

(Ord. 2002-45. Passed 8-22-02.)

   (a)   Whoever violates any of the provisions of this Zoning Code or fails to comply therewith or with any of the requirements thereof, or builds or alters any building or commences to erect or alter any building in disregard or violation of any detailed statement or plan submitted or approved in connection with the issuance of any permit, for which no penalty is otherwise provided, shall be fined not more than fifty dollars ($50.00). A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The owner of the building or lot where anything in violation of this Zoning Code is placed or permitted to exist, and any architect, builder, contractor, agent, lessee or person employed in connection with such violation, or who has assisted in the commission of any such violation, shall be deemed guilty of a separate offense and shall be subject to the penalty herein provided.

   (b)   No person shall fail or refuse to comply with any order issued by any City authority pursuant to the provisions of this chapter within the period specified for such compliance.

   (c)   (1)   Whoever violates this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation or noncompliance continues after the time for compliance specified in the notice.

      (2)   The application of the penalty provided for herein shall be in addition to the equitable remedies provided elsewhere in this chapter.

   (d)    In addition to the other remedies and penalties provided in this Zoning Code, in the event any building or structure is built, relocated or structurally altered or any lot is used in violation of the provisions of this Zoning Code, the City Attorney, if so directed by the Mayor or Council or any adjacent or neighboring property owner who would be especially damaged by the violation, may institute injunctions, mandamus, abatement or any other appropriate action or proceeding to prevent any threatened or continuing violation of this Zoning Code.

(Ord. 2002-45. Passed 8-22-02; Ord. 2005-46. Passed 10-13-05.)