Oberlin City Zoning Code
CHAPTER 1323
Permits, Enforcement and Penalty
1323.01 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY REQUIRED.
The erection of any building shall not be commenced and the foundation of any existing building shall not be extended until a building permit has been issued for such purposes by the City Manager. Commencement of residential buildings of four dwelling units or more, commercial buildings and industrial buildings shall have first been approved by the State as to plans and specifications. No vacant land shall be occupied or used, nor shall there be a change in its use, and no building shall be hereafter erected or altered, until a certificate of occupancy has been issued by the City Manager. The City Manager is authorized to issue or building permits upon application and the payment of a fee, the submission of the plat as provided in Section 1323.04, and upon the approval of the Building Inspector as to compliance with the provisions of this Zoning Ordinance and other pertinent ordinances.
(Ord. 430 AC. Passed 11-29-65.)
1323.02 BUILDING INSPECTOR; INSPECTIONS AND REPORTS.
The City Manager shall appoint a Building Inspector or Building Inspectors, whose duties shall be to investigate the land or building of the proposed improvement, upon actual view, before the commencement of the improvement to determine whether the location of the improvement and the type of improvement conform with this Zoning Ordinance of the City. The Building Inspector shall report his/her findings in writing to the City Manager, and after commencement of the proposed improvement, the Building Inspector shall again investigate, on actual view, the improvements to ascertain and report in writing to the City Manager whether the improvement conforms to this Zoning Ordinance of the City.
(Ord. 430 AC. Passed 11-29-65.)
1323.03 CERTIFICATE OF OCCUPANCY APPLICATION, ISSUANCE AND RECORDS.
No land shall be occupied or used and no building shall be hereafter erected or a foundation extended, nor shall any existing building be occupied or used in whole or part for any purpose whatever, until a certificate of occupancy has been issued by the City Manager. Such certificate shall state that the building complies with all the building and health laws and ordinances and with the provisions of this Zoning Ordinance. No change of use shall be made in any building or part thereof now or hereafter erected and no foundation shall be extended that is not consistent with the provisions of this Zoning Ordinance. Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building.
A certificate of occupancy for a building shall be applied for coincident with the application for a building permit and shall be issued within ten days after the Building Inspector has certified to the City Manager his/her approval of the improvement as herein- before described, and after the erection or extension of the building shall have been completed. No building or premises may be occupied until the certificate shall have been issued.
A certificate of occupancy for the use of vacant land, except for farming or truck gardening purposes, or for a change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within ten days after the application has been made. provided such use is in conformity with the provisions of this Zoning Ordinance. A record of all certificates shall be kept on file in the office of the City Manager and copies shall be furnished on request to any person having a proprietary or tenancy interest in the property. (Ord. 430 AC. Passed 11-29-65.)
1323.04 BUILDING PERMIT PLAT CONTENTS AND RECORDS; JOINT USE OF OPEN SPACES.
All applications for building permits shall be accompanied by a plat, drawn to scale and showing the actual dimensions of the lot to be built upon, the size of the building to be erected and such other information as may be necessary to provide for the enforcement of this Zoning Ordinance. A careful record of the applications and plats shall be kept in the office of the City Manager. No yard, court or other open space provided about any building for the purpose of complying with the provisions of this Zoning Ordinance shall be again used as a yard, court or other open space for another building.
(Ord. 430 AC. Passed 11-29-65.)
1323.05 ENFORCEMENT; EFFECT ON EXISTING BUILDING PERMITS.
(a) It shall be the duty of the City Manager to enforce this Zoning Ordinance. It shall also be the duty of all officers and employees of the City, and especially of all members of the Police Department, to assist the City Manager by reporting to him/her upon new construction, reconstruction or land uses, or upon seeming violations.
Appeals from the decision of the City Manager may be made to the Zoning Board of Appeals as provided in Section 1325.03.
(b) Nothing herein contained shall require any change in the plans, construction, size or designated use of the building, structure or part thereof for which a building permit has been granted before the enactment or amendment of this Zoning Ordinance by Council, and the construction of which from such plans shall have been started within ninety days of the date of enactment of this Zoning Ordinance (Ordinance 430 AC, passed November 29, 1965). If any of the above requirements shall not have been fulfilled within the time stated above, or if building operations are discontinued for a period of ninety days, any further construction shall be in conformity with the provisions of this Zoning Ordinance.
(Ord. 430 AC. Passed 11-29-65.)
1323.06 VALIDITY.
Should any section, clause or provision of this Zoning Ordinance be declared by the courts to be unconstitutional or invalid, the same shall not affect the validity of this Zoning Ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.
(Ord. 430 AC. Passed 11-29-65.)
1323.07 REPEAL OF CONFLICTING LEGISLATION.
All ordinances or parts of ordinances in conflict with the provisions of this Zoning Ordinance are hereby repealed.
(Ord. 430 AC. Passed 11-29-65.)
1323.08 PLANNING AND ZONING FEES.
APPLICATION | PROPOSED FEE |
Site plan/design review | $100.00 |
Sign permit | $50.00 plus $0.50 per sq. ft. |
Conditional use permit | $125.00 |
Zoning amendment | $250.00 |
Zoning Board of Appeals - variance request, etc. | $125.00 |
Special meeting fee | $300.00 |
(Ord. 11-07 AC CMS. Passed 2-22-11.)
1323.99 PENALTY.
Any person, firm or corporation who violates, destroys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Zoning Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each violation. Each and every day that a violation continues shall constitute a separate offense.
In addition, the City or any resident of the City may institute a civil action in a court of competent jurisdiction to enjoin or prevent the use of, erection of or alteration of any building or structure in violation of this Zoning Ordinance.
(Ord. 430 AC. Passed 11-29-65.)