Oak Harbor City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 153.520 ZONING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a permit therefor, issued by the Zoning Administrator, that does not conform with the provisions of this chapter unless he or she receives a written order from the Zoning Board of Appeals deciding an appeal or permitting a conditional use or variance, as provided by this chapter.
(Ord. 8-96, § 801.01, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.521 CONTENTS OF APPLICATION FOR ZONING PERMIT.
(A) The application for a zoning permit shall be signed by the owner and applicant attesting to tell the truth and exactness of all information supplied on the application.
(B) Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or substantially completed within 2½ years.
(C) At a minimum, the application shall contain the following information:
(1) Name, address, and phone number of applicant.
(2) Legal description of property.
(3) Existing use.
(4) Proposed use.
(5) Zoning district.
(6) 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 buildings or alterations.
(7) Building heights.
(8) Number of off-street parking spaces or loading berths.
(9) Number of dwelling units.
(10) Such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.
(Ord. 8-96, § 801.02, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.522 APPROVAL OF ZONING PERMIT.
(A) Within 30 days after the receipt of an application, the Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of this chapter. All zoning permits shall, however, be conditional upon the commencement of work within one year.
(B) One copy of the plans shall be returned to the applicant by the Zoning Administrator after he or she shall have marked such copy either as approved or disapproved and attested to same by his or her signature on such copy. One copy of plans, similarly marked, shall be retained by the Zoning Administrator.
(C) The Zoning Administrator 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 conformance with the provisions of this chapter.
(Ord. 8-96, § 801.03, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.523 SUBMISSION TO DIRECTOR OF THE OHIO DEPARTMENT OF TRANSPORTATION.
(A) Before any 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 Transportation or any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Zoning Administrator shall give notice, by registered or certified mail, to the Director of Transportation.
(B) The Zoning Administrator shall not issue a zoning permit for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Zoning Administrator that he or she shall proceed to acquire the land needed, then the Zoning Administrator shall refuse to issue the zoning permit. If the Director of Transportation notifies the Zoning Administrator that acquisition at this 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 of Transportation and the property owner, the Zoning Administrator shall, if the application is in conformance with all provisions of this chapter, issue the zoning permit.
(Ord. 8-96, § 801.04, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.524 EXPIRATION OF ZONING PERMIT.
(A) If the work described in any zoning permit has not begun within one year from the date of issuance thereof, such permit shall expire, it shall be revoked by the Zoning Administrator, and written notice thereof shall be given to the persons affected.
(B) If the work described in any zoning permit has not been substantially completed within 2½ years of the date of issuance thereof, such permit shall expire and be revoked by the Zoning Administrator, 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 unless and until a new zoning permit has been obtained or extension granted.
(Ord. 8-96, § 801.05, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.525 FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF COMPLETION.
§ 153.526 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES.
(A) Zoning permits or certificates of completion issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction.
(B) Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided in § 153.999.
(Ord. 8-96, § 801.10, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.527 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. He or she shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.
(Ord. 8-96, § 801.11, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.529 REVISION OF REGULATIONS GENERALLY.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Village Council may by ordinance after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
(Ord. 8-96, § 801.13, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.530 INITIATION OF ZONING AMENDMENTS.
Amendments to this chapter may be initiated in one of the following ways:
(A) By adoption of a motion by the Planning Commission.
(B) By adoption of a resolution by Village Council.
(C) By the filing of an application by at least one owner or lessee of property within the area proposed to be changed or affected by such amendment.
(Ord. 8-96, § 801.14, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.531 CONTENTS OF APPLICATION.
The application for amendment shall contain at least the following information:
(A) Name, address, and phone number of applicant.
(B) Proposed amendment to the text or legal description.
(C) Present use.
(D) Present zoning district.
(E) Proposed use.
(F) Proposed zoning district.
(G) A vicinity map at a scale approved by the Zoning Administrator showing property lines, streets, existing and proposed zoning and such other items as the Zoning Administrator may require.
(H) A list of all property owners within, contiguous to, and directly across the street from the parcels proposed to be rezoned, including the tax mailing addresses of the property owners.
(I) A statement on how the proposed amendment relates to the comprehensive plan.
(J) A fee as established by Village Council.
(Ord. 8-96, § 801.15, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.532 TRANSMITTAL TO PLANNING COMMISSION.
Immediately after the adoption of a resolution by the Village Council or the filing of an application by at least one owner or lessee of property, such resolution or application shall be transmitted to the Planning Commission.
(Ord. 8-96, § 801.16, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.533 SUBMISSION TO THE DIRECTOR OF THE OHIO DEPARTMENT OF TRANSPORTATION.
(A) Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Planning Commission shall give notice, by registered or certified mail, to the Director of Transportation.
(B) The Planning Commission may proceed as required by law; however, the Village Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation.
(C) If the Director of Transportation notifies the village that he or she shall proceed to acquire the land needed, then the village shall refuse to approve the
rezoning. If the Director of Transportation notifies the village that acquisition at this 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 of Transportation and the property owner, the Village Council shall proceed as required by law.
(Ord. 8-96, § 801.17, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.534 PUBLIC HEARING BY PLANNING COMMISSION.
(A) The Planning Commission shall schedule a public hearing after the adoption of a motion, transmittal of a resolution from the Village Council, or the filing of an application for zoning amendment.
(B) The hearing shall be not less than 20 days from the date of the receipt of such motion, transmittal of such resolution, or the filing of such application.
(Ord. 8-96, § 801.18, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.535 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing, notice of such hearing shall be given by the Planning Commission by at least one publication in one or more newspapers of general circulation in the village at least 15 days before the date of the hearing. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to the Village Council for further determination.
(Ord. 8-96, § 801.19, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.536 NOTICE TO PROPERTY OWNERS BY PLANNING COMMISSION.
If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Planning Commission, by first class mail, at least 20 days before the date of the hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or the Clerk-Treasurer's mailing list and to such other list or lists that may be specified by the Village Council. The notice shall contain the same information as required of notices published in newspapers as specified in this subchapter.
(Ord. 8-96, § 801.20, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.537 RECOMMENDATIONS BY PLANNING COMMISSION.
Within 15 days after the public hearing, the Planning Commission shall recommend to the Village Council that the amendment be granted as requested, or it may recommend a modification of the amendment requested or it may recommend that the amendment not be granted. The Planning Commission shall transmit its recommendation to the Village Council.
(Ord. 8-96, § 801.21, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.538 PUBLIC HEARING BY VILLAGE COUNCIL.
Upon receipt of the recommendation from the Planning Commission, the Village Council shall schedule a public hearing. The hearing shall be not more than 40 days from the receipt of the recommendation from the Planning Commission.
(Ord. 8-96, § 801.22, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.539 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
(A) Notice of the public hearing shall be given by the Village Council by at least one publication in
one or more newspapers of general circulation in the village.
(B) The notice shall be published at least 30 days before the date of the required hearing.
(C) The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 8-96, § 801.23, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.540 NOTICE TO PROPERTY OWNERS BY VILLAGE COUNCIL.
(A) If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least 20 days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or the Clerk-Treasurer's mailing list and to such other list or lists that may be specified by Village Council.
(B) The failure to deliver the notification as provided in this section shall not invalidate any such amendment.
(C) The notice shall contain the time and place of the public hearing and the nature of the amendment.
(Ord. 8-96, § 801.24, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.541 ACTION BY VILLAGE COUNCIL.
(A) Within 60 days after the public hearing, the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. No such ordinances which differ from, or departs from the recommendation submitted by the Planning Commission shall take effect, unless passed or approved by not less than three-fourths of the membership of the legislative authority. No ordinance which is in accordance with recommendations submitted by the Planning Commission shall be deemed to pass or be deemed denied without the concurrence of at least a majority of the members elected to the legislative authority.
(B) No such ordinance shall be passed unless it has been fully and distinctly read on three different days except that such ordinance may become emergency legislation if three-fourths of the members of Village Council vote to dispense with this rule.
(Ord. 8-96, § 801.25, passed 5-20-96; Am. Ord. 5-2015, passed 3-16-15; Am. Ord. 6-2015, passed 3-16-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.542 EFFECTIVE DATE AND REFERENDUM.
(A) Such amendment adopted by Village Council shall become effective 30 days after the date of such adoption unless within 30 days after the passage of the ordinance there is presented to the Village Clerk-Treasurer a petition, signed by a number of qualified voters residing in the village equal to not less than 10% of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting the Village Council to submit the zoning ordinance to the electors of the village for approval or rejection at the next general election.
(B) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.
(Ord. 8-96, § 801.26, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)