Ontario City Zoning Code
CHAPTER 1149
Administration and Enforcement
1149.01 ENFORCEMENT.
The provisions of this Ordinance shall be administered and enforced by the Zoning Inspector, or such other official or officials as may be appointed by City Council.
(Ord. 01-50. Passed 12-6-01.)
1149.02 DUTIES OF THE ZONING INSPECTOR.
(a) Creation and Appointment. There is hereby created the position of Zoning Inspector for the City of Ontario, Ohio. The Zoning Inspector shall be appointed by the Mayor and may be removed by the Mayor at any time. He or she shall be paid such compensation as City Council shall direct.
(b) Powers and Duties of the Zoning Inspector. The Zoning Inspector shall have the following powers and duties:
(1) Issue zoning permits for one-family detached, two-family dwelling units, and accessory uses in R-1 and R-2 Residential Districts, provided the proposed use is permitted under the Zoning Ordinance and the applicant has paid the appropriate fee;
(2) Issue sign permits provided the applicant has received a sign construction permit from the Richland County Building and Regulation office, and the applicant has paid the proper fee;
(3) Issue conditional zoning certificates after approval by the City Planning Commission and the applicant has paid the proper fee;
(4) Issue variance permits after approval by the City Planning Commission;
(5) Investigate alleged violations of the Zoning Ordinance;
(6) Attend all regular and special meetings of the City Planning Commission and such other meetings as the Mayor and City Council shall direct;
(7) Keep records of all activities of his office and to report annually at the first meeting of City Council in January as to the various classes of permits issued during the preceding year;
(8) Maintain regular office hours for the issuance of permits;
(9) Determine if all construction has occurred in compliance with the provisions of any zoning permit, conditional use permit or variance issued;
(10) Perform such other duties as the Mayor, City Council or the City Planning Commission directs with respect to the enforcement of the Zoning Ordinance.
(11) Maintain the Official Zoning Map of the City and make all changes to the boundaries of zoning districts and overlay districts immediately after their approval by City Council.
(Ord. 01-50. Passed 12-6-01.)
1149.03 PERMITS.
(a) Building Permits. No building permit shall be issued by Richland County Building Codes Department for the erection, alteration or use of any building or structure or part thereof, which is not in accordance with all provisions of this Ordinance.
(b) Zoning Permits.
(1) Before constructing, changing the use of or altering or moving any structure including accessory buildings or changing the use of any premises, application shall be made to the Zoning Inspector for a zoning permit on the form provided in Appendix B. Each application shall be accompanied by a site plan of the entire parcel drawn to a scale of one inch equals twenty feet and the appropriate fee.
(2) Upon determination by the Zoning Inspector that the proposed project is in compliance with the provisions of this Ordinance, payment of applicable zoning fees, water and sewer fees, and impact fees and where necessary approval by the Planning Commission, a zoning permit shall be issued.
(3) Whenever a Zoning Permit or Conditional Zoning Permit is issued, the construction under such permit shall begin within six (6) months after issuance and shall be completed within eighteen (18) months after issuance.
(4) Upon written application and upon the showing of good cause to the Planning Commission, an additional period of time to begin or complete construction may be granted. Whenever construction is not begun or completed within the time specified in this section including any extension granted by the Planning Commission, the Zoning Permit or Conditional Zoning Permit shall expire and no further use of the land for which a permit is required shall be allowed until another permit is issued.
(c) Zoning Compliance Certificates.
(1) In order that there may be a determination that all construction, alterations and moving of structures, and all uses of land and structures except residential accessory buildings or other structures not requiring a foundation are in accordance with the authorized zoning permit, a zoning compliance certificate shall be required. Such certificate shall be issued by the Zoning Inspector upon his determination that there has been full compliance with this ordinance, the site plan if required, and including any conditions of approval.
(2) A Zoning compliance certificate when required under the preceding paragraph shall be deemed to authorize, and is required for initial or changed occupancy and use, alteration or movement of the structure or a change of use of land to which it applies. It shall continue in effect as long as such structure and the use thereof, and the use of such land is in full compliance with the provisions of this ordinance and any requirements or conditions made in connection therewith including the site plan or other approval made by the Planning Commission.
(3) The refusal of the Zoning Inspector to issue a zoning compliance certificate shall be appealed to the Planning Commission by written notice received within ten (10) days of the refusal and heard at the next regular meeting held at least ten (10) days after the appeal is received or at a special meeting called for the purpose in accordance with the procedure contained in Section 1151.06.
(d) Temporary Zoning Compliance Certificates. Upon written request the Zoning Inspector may issue a temporary zoning compliance certificate for commercial developments under the following conditions:
(1) The Richland County Building Codes Department verifies the structure has passed all inspections and is ready for occupancy.
(2) Exterior site improvements are completed to satisfaction of the Engineer.
(3) All remaining requirements and conditions made in connection with the approval of the commercial development shall be completed in a timely fashion not to exceed six months from the date of issuance of the temporary zoning compliance certificate or prior to an agreed upon expiration date.
(4) Failure to complete the requirements and conditions mentioned in paragraph (3) above within the specified time period shall be a violation of this ordinance and shall be subject to the enforcement remedies and penalties set forth in Chapter 1159.
(5) The Ontario police will issue citations upon written notice from the City Law Director, upon recommendation of Zoning Inspector.
(Ord. 06-04. Passed 4-6-06.)
(e) Demolition Permit.
(1) No person, except a general contractor licensed and registered in accordance with the requirements of Chapter 1343, nor any employee of such person, shall demolish or undertake to demolish or represent himself as having the capability of demolishing any building or other structure or part thereof, unless he has been licensed and registered as a demolition contractor, and no person shall demolish or undertake to demolish any building or other structure or part thereof, unless he has secured, or caused to be secured, a permit for such demolition under the provisions of this chapter.
(2) Before any building or structure having more than 140 SF of floor area is demolished or renovated and subject to Paragraph (15) below, the owner or developer shall make application for a demolition permit on the form provided in Appendix B. The application and application fee of $50.00 must be received by the Zoning Inspector at least seventy-two (72) hours prior to the demolition commencing.
(3) Application. Application by any person for a demolition permit shall be in the form prescribed by, and filed with, the Zoning Inspector and City Engineer. Such application shall describe the demolition to be accomplished and shall designate the manner, method and equipment to be used. Application shall be made by the owner or the contractor employed to conduct such demolition, or the agent of either; unless made by the owner the applicant shall evidence his authority to make application by means of a duly verified affidavit of the owner. The application shall indicate the date upon which demolition is intended to begin and the probable date of completion thereof.
(4) Issuance of Permit. Prior to issuance of the permit the Zoning Inspector and City Engineer shall determine that the proposed method of demolition is in accordance with good engineering practices and that the contractor or owner has the necessary and proper means and equipment to accomplish the demolition in accordance with the manner, method and equipment specified in the application.
(5) The contractor or owner shall give the Zoning Inspector twenty-four (24) hour notice before commencing demolition work under any permit. He shall carry out the work in an orderly manner and timely manner according to the following timeframe for the demolition of the type of structure the contractor or owner is applying to demolish:
Residential | 1 week |
Commercial (non-industrial structures) | 1 month |
Industrial structures | 3 months |
If a demolition goes beyond the time frames set forth in the table immediately above, without written approval from the Zoning Inspector for an extension of time, an additional charge of Ten Dollars ($10.00) for each day until the final inspection certificate can be issued as required by Paragraph 9 of this Section.
(6) At the time of making application for a Demolition Permit as required by Paragraphs 1 and 3 of this Section, a demolition contractor applicant shall have on file with the Zoning Inspector a bond in the following amounts:
Residential | $15,000.00 |
Commercial (non-industrial structures) | $50,000.00 |
Industrial structures | Bond must be equal to estimated cost of demolition, including asbestos abatement |
Bonds must be approved as to form by the Director of Law, indemnifying the City for all liability arising by reason of the acts of the demolition contractor or his employees while in the pursuit of his business under a demolition permit issued by the City.
(7) In case of a demolition contract awarded by the City under the provisions of this Section, the contractor shall also post satisfactory and sufficient performance, work, labor and materials bonds, and, if required by the nature of the work under the contract, sufficient explosive insurance coverage. As a condition of the issuance of any permit for a specific demolition project the City may require a performance bond indemnifying the City for defects in performance within one year after completion of the work covered by the permit.
(8) In undertaking any work of demolition as defined in this chapter any general or demolition contractor during his entire employment under a contract, whether public or private, shall be responsible and liable for:
A. Faithful compliance and adherence to all Federal, State and local laws and regulations relating to safe demolition and construction processes and procedures including equipment, apparel and individual protective device regulations.
B. Securing all necessary licenses, permits, easements and rights of way.
C. Early and adequate notice to the City and utility companies for appropriate disconnections and the safeguarding thereof.
D. Early and adequate notice to adjoining property owners.
E. The protection and safeguarding of adjacent property and public passersby.
F. Damages resulting from the extension of explosion waves into adjacent property.
G. Minimization of air pollution and contamination through wetting, soaking and other dust and debris settling techniques.
H. Installation, erection and maintenance of barricades, warning lights and signals, pedestrian cautions and walkways in accordance with safety codes, regulations and ordinances. When necessary for the public protection, the contractor shall employ guards and watchmen.
I. Unless the contract or orders of the City provide otherwise, total removal of the structure to the actual building and property line.
J. Provision of proper drainage in the subsoil conditions. Percolation shall be provided in basement slabs by breaking or by drilling holes through the slabs, approximately six feet on center in all directions and connecting drain tile into existing storms where necessary for proper drainage. All floor slabs, under which a pit, well, cistern, tank or void exists, shall be broken or removed. All drains not removed shall be sealed with masonry or with precast clay or concrete stoppers.
K. Complete removal from the demolition site of all organic materials, including wood, plastics, old plaster, floor tile and similar rubble. Masonry, stove concrete, tile bank-run gravel and compacted earth are permitted fill materials.
L. Adjoining and party walls, as follows:
1. If one of two back to back or adjoining walls, each of which is built along a common property line of two different ownerships, is required by order to be demolished with the rest of the structure, the contractor shall be responsible for the adjacent or adjoining property wall for repair of defects occasioned by the contractor, to the extent that the same shall be repaired or reconditioned as needed with suitable
construction materials and procedures to insure that such remaining wall is as free from defects, and safety, fire and health hazards as it would have been had the wall not been demolished.
2. Where the back to back or adjoining wall of the structure to be demolished is not required to be demolished, the contractor shall insure that such wall does not create or constitute a health, fire or safety hazard. When such wall exposes a variety of materials such as brick, stone, plaster or block, a cement or latex paint specifically prepared for masonry walls shall be applied to such exposed surface; provided that other means may be utilized when prior approval of the means has been granted by the Zoning Inspector.
3. The contractor shall insure that party walls are structurally sound and do not create or constitute a health, fire or safety hazard. When such party wall exposes a variety of materials such as brick, stone, plaster or block, a cement or latex paint specifically prepared for masonry walls shall be applied to such exposed surface; provided that other means may be utilized when prior approval of the means has been granted by the Zoning Inspector.
M. Insuring that any remaining walls, whether adjoining, party or back to back, have all openings, crevices, gaps, fissures, joist slots and the like plugged and carefully tamped or sealed with some suitable material against the weather, elements, fowl, rodents and other wildlife, so as to render them free of health, safety and fire hazards.
N. Maintaining established property lines and grades at the original lines and grades. Backfill when necessary shall include structures suitable to retain the original grades. Where vertical walls have been removed from stone retaining walls, such retaining walls may be retained if suitable backfill is provided to furnish sufficient side load to retain the original support of the property. The premises shall be graded to prevent water from unnecessarily draining onto adjacent premises.
O. Construction of damaged or destroyed curbs, gutters and sidewalks with new four-inch concrete improvements in accordance with City specifications.
P. Filing with the Zoning Inspector a sketch plan of any foundations, walls or other pertinent data relating to the site which have been buried by backfill.
Q. Continuity of service to adjacent property by the replacement or repair of overhangs, cornices, downspouts, etc., which overhang from adjacent property and which have been removed or damaged by the contractor.
R. The replacement and repair of damaged or destroyed curb boxes and utility entrance service.
S. Comprehensive liability insurance as prescribed in Chapter 1343
(9) Except as provided for in Paragraph (15) of this Section, demolition of any building or structure under any permit shall not be considered completed until:
A. The contractor or resident-owner has removed all lumber, rubble and other building or structural materials and debris and all demolition equipment from the graded premises, or, at the owner's request, has piled it neatly upon the premises, in such a manner as not to constitute a public nuisance, hazard or possible rodent harborage;
B. The contractor or resident-owner has broken and removed all foundations or slabs to not less than two feet below the ground surface, and has filled all basements, trenches or other depressions with not less than two feet of compacted earth, or as otherwise provided herein, graded neatly to the existing established grade level, unless a building permit has been issued for a structure which will make use of the foundation or slab remaining after demolition; and
C. The Zoning Inspector has issued to the contractor or resident-owner a certificate of final inspection, which certificate shall issue when the provisions of this chapter have been satisfied, subject, however, to Paragraph (7) of this Section.
(10) The provisions of Paragraph 9 shall not be construed so as to permit a violation of the Zoning Code or other ordinances of the City.
(11) No person shall fail to comply with the provisions of Paragraph 9 within three (3) days after a structure or building has been demolished.
(12) No person shall demolish a building or structure other than in accordance with the method of demolition set forth in an approved application for demolition permit.
(13) Should an applicant for a Demolition Permit intend to demolish multiple structures at different times on the same piece of property thereby necessitating multiple demolish permits, no Demolition Permit can be issued for subsequent demolitions until the previous demolition(s) on the property have been completed per this Section (e).
(14) Notwithstanding the provisions of the Zoning Code or any other ordinance of the City as pertains to the valid period of a building permit, any building permit secured which will make use of the foundation or slab referred to in Paragraph 9 shall require the beginning of construction within thirty days of its issuance.
(15) Renovation Exemption: No permit will be required of residential owners for renovations which do not involve the abandonment of utilities or are not covered under EPA rules and regulations.
(16) Anyone who violates the provisions of this ordinance shall be guilty of a misdemeanor of the first degree.
(17) Demolition Permit application form can be found in Appendix B of the Planning and Zoning Code.
(Ord. 15-53. Passed 12-17-15.)
1149.04 PERMIT AND CERTIFICATE FILING FEES.
(a) Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(b) Fees for the inspection and the issuance of zoning permits or conditional use certificates or copies thereof required or issued under the provisions of this Ordinance shall be collected by the Zoning Inspector in advance of issuance.
(c) Council shall by Ordinance establish a schedule of fees, charges, and expenses and a collection procedure for zoning certificates, amendments, appeals, variances, conditional use certificates, plan approvals, and other matters pertaining to the administration and enforcement of this Ordinance requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the Zoning Inspector, and may be amended only by action of Council.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1149.05 RECORD DRAWINGS.
Upon receipt of a zoning compliance certificate for any structure except one or two family residential dwelling units and residential accessory uses, each applicant shall within sixty (60) days, deliver to the Zoning Inspector three (3) complete sets of record drawings and one copy of electronic files showing the actual location of all improvements including, but not limited to, elevation and grades, building, parking areas, driveways, water, sanitary sewer and storm sewer lines, facilities and appurtenances.
(Ord. 06-04. Passed 4-6-06.)
(Ord. 06-04. Passed 4-6-06.)