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Ottawa City Zoning Code

TITLE THREE

Zoning Administration

1121.01 MEANINGS OF WORDS.

   (a)    For purposes of this Zoning Code, the definitions listed in this Chapter shall have the meanings specified herein, except where the text of this Zoning Code clearly indicates or requires a different meaning:
      (1)    "Accessory use" means a use or structure subordinate to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use. Accessory uses shall be located on the same lot as the principal use, except as otherwise specified.
      (2)    "Alley" means any public or private way less than twenty-one feet in width, and any other public or private way, not more than thirty feet in width, whose primary function is to furnish access to the side or rear of properties having their main frontage on a street.
      (3)    "Apartment house". See "Dwelling, multi-family".
      (4)    "Automobile repair, major" means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame or fender-straightening or repair; overall painting or paint shop; vehicle steam-cleaning.
      (5)    "Automobile repair, minor" means replacement of parts and motor services to passengers cars and trucks not exceeding one and one-half tons capacity, excluding body repairs.
      (6)    "Automobile service station or filling station" means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises, and including minor repairs.
      (7)    "Automobile wrecking" means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
      (8)    "Basement" means that portion of a building below or immediately above grade and not used for habitation.
      (9)    "Billboard or signboard". See "Sign, advertising".
      (10)    "Building" means any structure used or intended to be used for the shelter of persons, animals or property, excluding any structure designed as a house-trailer or other type trailer, and excluding structures or installations ordinarily known as industrial, production or manufacturing equipment and parts thereof.
      (11)    "Building, height of" means the mean vertical distance from the average established grade in the front of the lot, or from the average natural grade at the building line, if higher, to the average height of the top of the cornice of flat roofs, or the deck line of a mansard roof, or to the mid-height of the highest gable or dormer in a pitched or hipped roof, or, if there be no gable or dormers, or the mid-height of a pitched or hipped roof. Where a lot faces on two or more streets or alleys of different average established grades in front of the lot, the higher of such grades shall control only for a depth of 120 feet perpendicularly back from the street line of the higher street or alley. On a corner lot the height is the mean vertical distance from the average established grade or from the average natural grade at the building line, if higher, on the street of greatest width, or if two or more streets are of the same width, from the higher of such grades.
      (12)    "Building line" means a line parallel to the street right-of-way at any story level of a building and representing the distance which all or any part of the building is set back from such right-of-way line.
      (13)    "Cemetery" means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.
      (14)    "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises.
      (15)    "Court" means an open, uncovered and unoccupied space, other than a yard, which is surrounded wholly or in part by the walls of a building.
      (16)    "Court height" means the vertical distance from the sill of the lowest required opening in the court to the mean height of the top of the surrounding walls.
      (17)    "Court, inner" means a court surrounded on all sides by the exterior walls of a building or by such walls and an interior lot line.
      (18)    "Court, outer" means a court having a least one side open to a street, yard or other permanent open space.
      (19)    "Court perimeter" means the total boundary of a court. In an outer court, the line at an open end and dividing the court from a street, yard or permanent open space shall be included in the perimeter.
      (20)    "Court width" means the horizontal measurement perpendicular to a required opening at the center of its sill and extending to a point on another wall or lot line coinciding with the perimeter of the court.
      (21)    "Drive-in" means an establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked upon the premises.
      (22)    "Dwelling" means any building occupied or designed to be occupied exclusively by one or more dwelling units, each of which is used or designed to be used as a permanent place of abode.
      (23)    "Dwelling, single-family" means a detached dwelling containing only one dwelling unit.
      (24)    "Dwelling, two-family" means a dwelling containing two dwelling units.
      (25)    "Dwelling, multi-family" means a dwelling or portion of a building containing three or more dwelling units.
      (26)    "Dwelling unit" means one room, or a suite of two or more rooms in a building, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
      (27)    "Dwelling unit, efficiency" means a dwelling unit in a multi-family dwelling, consisting of two habitable rooms or less and not exceeding 500 square feet in gross floor area including all rooms, measured within the outside walls of the dwelling unit.
      (28)    "Dwelling unit, intermediate" means a dwelling unit in a multi-family dwelling, consisting of four habitable rooms or less but not more than one bedroom, and containing over 500 square feet but not more than 750 square feet in gross floor area, including all rooms, measured within the outside walls of the dwelling unit.
      (29)    "Dwelling unit, regular" means a dwelling unit other than an efficiency or intermediate dwelling unit.
      (30)    "Family" means a person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel or hotel.
      (31)    "Floor area" means gross floor area, measured to the outside surface of outside walls.
      (32)    "Frontage" means land abutting a street or alley. Where a specified amount of frontage is required, such shall be measured between and perpendicular to parallel lines intersecting the street or alley and extending into the lot or group housing project parcel.
      (33)    "Hospital" means a building or portion thereof used for the treatment of sick, injured or infirm persons and accredited by the American Hospital Association.
      (34)    "Hotel or motel" means any building or portion thereof containing six or more guest rooms or suites in which no provision for cooking is made.
      (35)    "House trailer". See "Mobile home".
      (36)    "Housing for the elderly" means a multi-family dwelling containing dwelling units which do not exceed 600 square feet in floor area, measured within the outside walls of the dwelling unit, and which dwelling units are provided with at least eight of the following items of equipment and building design: ramps or elevators in place of steps; non-skid floors; doors of sufficient width to accommodate wheelchairs to all rooms; electric cooking stoves; showers in place of tubs for more than fifty percent (50%) of the dwelling units; electric outlets at levels at least twenty-four inches above the floor; grab bars around tubs (where tubs are provided) and toilets; central heating; handle-type spigots and door knobs; emergency signals which ring in adjoining apartments or at a central location.
      (37)    "Including" means including but not necessarily limited to.
      (38)    "Industry" means storage, repair, manufacture, preparation, processing, or treatment of any article, substance or commodity.
      (39)    "Kennel" means any structure or premises on which five or more dogs over four months of age are kept for compensation.
      (40)    "Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
      (41)    "Lodging house". See "Rooming house".
      (42)    "Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this Zoning Code, and which piece or parcel has frontage on a street and no part of the piece or parcel less than fifteen feet in width where such part furnishes the principal means of access to a street.
      (43)    "Lot of record" means a lot which is part of a subdivision, the map of which has been recorded in the office of the Putnam County Recorder, or a parcel of land, the deed to which was of record as of the effective date of the Zoning Code. For the purposes of this Zoning Code, any preliminary plan of a subdivision which has been approved by official action of the Planning Commission, as of the effective date of this Zoning Code, shall have the same status as if the subdivision plan was officially recorded in the office of the County Recorder.
      (44)    "Lot, corner" means a lot abutting two or more streets at their intersection or upon two parts of the same street, such intersecting streets or parts of the same street forming an interior angle of less than 135 degrees.
      (45)    "Lot, interior" means a lot other than a corner lot.
      (46)    "Lot lines" means the property lines bounding a lot.
      (47)    "Lot line, front" means the line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line; provided that where the length of a shorter street line is less than ninety percent (90%) of the length of the longer street line, the shorter street line shall be considered as the front lot line.
      (48)    "Lot line, rear" means the lot line opposite the front lot line. In the case of an irregular, triangular or gore-shaped lot, it shall mean a line within the lot, ten feet long, parallel to and at the maximum distance from the front lot line.
      (49)    "Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street shall be called a side street lot line. A side lot separating a lot from another lot or lots shall be called an interior side lot line.
      (50)    "Lot line, street or alley" means a lot line separating the lot from a street or alley.
      (51)    "Lot area" means the computed area contained within the lot lines.
      (52)    "Lot, through" means a lot having frontage on two parallel or approximately parallel streets.
      (53)    "Manufacturing" means the assembling, altering, converting, fabricating, finishing, processing or treatment of a product.
      (54)    "Mobile home" means a structure designed to be used for human habitation, carrying or storage of persons or property, not having permanent foundation, being able to be equipped with wheels or other devices to be transported from place to place, for permanent habitation.
      (55)    "Motel". See "Hotel".
      (56)    "Nonconforming use" means a building, structure or premises legally existing and/or used at the time of the adoption of this Zoning Code, or any amendment thereto and which does not conform to the use regulations of the district in which it is located. Any such building, structure or premises conforming with respect to use but not with respect to height, area, yards, courts and other requirements, shall not be considered a nonconforming use.
      (57)    "Nursery or day-care center" means a building used for the day care of three or more children whose ages are not less than two nor more than twelve years.
      (58)    "Nursing home, rest home or convalescent home" means a place, residence or home used for the boarding and care, for a consideration, of not less than three nor more than fifty persons not members of the immediate family operating such facilities, who by reason of age or infirmity are dependent upon the services of others. Such use shall not include hospitals or other similar uses specified and regulated by the Zoning Code.
      (59)    "Open space" means a yard, court or the space between two buildings or between a building and the boundary line of a parcel.
      (60)    "Parking space" means a permanently surfaced area of not less than 160 square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
      (61)    "Public utility services" means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems reasonably necessary for the furnishing of adequate Village-wide, community or neighborhood service by such public utilities or municipal or other governmental agencies for the public health or safety or general welfare, but not including buildings. Public utility services shall be deemed to exclude customarily accessory telephone, electrical, gas, sewer, or water connections to individual properties.
      (62)    "Public utility stations" means buildings or structures serving as distribution or service centers for only a section of the City, including such uses as water pumping stations, water reservoirs, transformer stations, telephone exchanges, rails or bus waiting shelters and similar uses.
      (63)    "Recreational vehicle" means a structure designed to be used for human habitation not having a permanent foundation, equipped with wheels or other devices for mobility, intended to be transported from place to place for recreational purposes.
      (64)    "Room, habitable" means a room occupied or designed to be occupied by one or more persons for living, sleeping, eating or cooking, including kitchens serving a dwelling unit, but not including bathrooms, toilet compartments, laundries, pantries, cellars, attics for storage and other similarly approved spaces that are not used frequently or for extended periods.
      (65)    "Rooming house" means a single-family dwelling where more than two but less than six rooms for lodging, with or without meals, are provided for compensation.
      (66)    "Screen-fence" means a wall or fence, including gates, which has its posts and stringers constructed of metal, masonry or concrete, redwood, pressure treated lumber or cypress; has all other parts or members constructed of metal, masonry, concrete, redwood, pressure treated lumber, or cypress; has openings in a horizontal plane which do not exceed twenty-five percent (25%) of the side area of such wall or fence and has not single opening with a perimeter in excess of four feet.
         (EDITOR'S NOTE: Former subsections (67) through (71) were repealed by Ordinance 1298, passed December 16, 1991.)
      (72)    "Space, nonhabitable" means space used as a kitchenette pantry, laundry, closet, bath, toilet, rest, dressing, locker, storage, utility, heater or boiler room; and other spaces used only for service and maintenance of a building; and those spaces used only for access and vertical travel between stories.
      (73)    "Space, occupied" means space in a building other than a habitable room wherein people normally work, assemble or remain for a period of time.
      (74)    "Story" means that part of a building included between any floor and the floor or roof next above; provided that for the purpose of regulating the dimensions of yards and courts, where the average height of any building exceeds twelve feet, each twelve feet or fraction thereof a total building height shall be considered as a separate story, except the first story, which may be fifteen feet high.
      (75)    "Street" means any public or private way more than thirty feet in width, and any other public or private way, not less than twenty-one feet in width, whose primary function is to furnish the chief means of access to the properties abutting it.
      (76)    "Structure" means anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground.
      (77)    "Structural alteration " means any change in the structural members of a building, such as walls, columns, beams or girders.
      (78)    "Tourist home" means a building or part thereof, other than a hotel, rooming house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.
      (79)    "Trailer" means all non self-propelled structures able to be licensed for travel on the highway, and used for all purposes except human habitation, ie. utility trailers, house trailers, etc.
      (80)    "Truck terminal" means a premises which is used for loading or unloading of trucks upon which storage of cargo is incidental to the primary function of motor freight shipment or shipment point, and which is designed to accommodate the simultaneously loading or unloading of five or more trucks.
      (81)    "Use, conditional" means a use of land or buildings subject not only to the minimum requirements for such conditional use and any other requirements specified for such use in the district where such use is located, but also to such additional requirements as the Planning Commission is empowered to impose, and for which use a permit may be issued by the Village Clerk only after a public hearing before abutting property owners has been held by the Planning Commission.
      (82)    "Use, permitted" means a use of land or buildings subject only to the minimum requirements and any other requirements specified for such use in the district where such use is located, and for which use a permit may be issued by the Village Clerk if such requirements are complied with.
      (83)    "Vacant". See Chapter 1167 Nonconforming Use.
      (84)    "Yard" means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise specified in this Zoning Code.
      (85)    "Yard, front" means a yard extending across the full width of the lot and measured between the front lot line and the building.
      (86)    "Yard, rear" means a yard extending across the full width of the lot and measured between the rear lot line and the building.
      (87)    "Yard, side" means a yard extending from the front yard to the rear yard and measured between the side lot line and the building.
         (Ord. 1135. Passed 11-26-84.)

1123.01 SHORT TITLE.

   Titles Three, Five, Seven, and Nine of this Part Eleven - Planning and Zoning Code shall be known as the "Zoning Code."
(Ord. 1135. Passed 11-26-84.)

1123.02 INTERPRETATION; PURPOSE.

   The provisions of this Zoning Code shall be the minimum requirements, adopted for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare. Where this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings, or requires larger yards, courts, lot area per dwelling unit, or other open spaces, or requires more off-street parking and loading space, or is in any way more restrictive than other provisions of law or ordinance, the provisions of this Zoning Code shall control.
(Ord. 1135. Passed 11-26-84.)

1125.01 ENFORCEMENT.

   (a)    Grant or Refusal of Building Permits. It shall be the duty of the Village Clerk to enforce this Zoning Code including the grant or refusal of building and occupancy permits. No building permit shall be issued for any building which in its construction, location or proposed use would violate or fail to comply with the provisions of the Zoning Code.
   (b)    Application for Building Permits. 
      (1)    All applications for building permits shall be accompanied by specifications and plans in triplicate. Plans, drawn to scale, shall show:
A.    The exact shape and dimensions of the lot or parcel to be built upon;
B.    The exact size and location of the structures existing;
C.    The line within which the proposed structures shall be erected or altered;
D.    The existing and intended use of each building or part thereof;
E.    The number of families or housekeeping units the building is designed to accommodate;
F.    Such other information with regard to the lot and neighboring lots as may be necessary for the enforcement of this Zoning Code.
      (2)    One copy of such plans shall be returned to the owner when such plans shall have been approved by the Village Clerk.
      (3)    All dimensions shown on these plans relating to the location and size of the lot or parcel to be built upon shall be based on an actual survey.
      (4)    The lot or parcel and the location of the building or buildings thereon shall be staked out on the ground before construction is started.
   (c)    Use of Building or Premises. No person shall use or permit the use of any building or premises or part thereof, hereafter erected, created, converted, changed, enlarged, or maintained, wholly or partly, in its use or structure, contrary to the provisions of the Zoning Code. The Village Clerk shall not issue a permit for any construction unless the plats, plans, specifications and intended use conform to the provisions of the Zoning Code.
   (d)    Time Limits for Building Permits. Any building permit granted under subsection (a) hereof shall remain valid provided that construction shall have been started within six months of the date of filing and the ground story framework, including structural parts of the second floor (if any) shall have been completed within one year of filing and the entire building completed within two years of the date of filing. (Ord. 1135. Passed 11-26-84.)

1125.02 OTHER ADMINISTRATIVE DUTIES.

   (a)    It shall be the duty of the Village Clerk to administer Sections 1125.02 to 1125.05 according to procedures adopted by him from time to time, with advice of the Village Solicitor, subject to approval by Council.
   (b)    Interpretation of Building Zone Maps.
      (1)    District boundary lines. Questions concerning the exact location of district boundary lines shall be determined by the Village Clerk according to procedures adopted by him.
      (2)    Variations in lot lines. Where the street or lot line forms a district boundary line or part thereof and where the street or lot layout on the ground or as recorded differs from the street and lot lines shown on the Building Zone Map, the Village Clerk, after due notice by mail to the record owners of the property, shall interpret the map in such a way as to carry out the intent and purpose of this Zoning Code and map for the particular section or district in question.
         (Ord. 1135. Passed 11-26-84.)

1125.03 CONDITIONAL USES; OTHER SPECIAL EXCEPTIONS AND MODIFICATIONS.

   (a)    General. 
      (1)    The Village Planning Commission shall have the power to hear, decide, grant or deny applications for conditional uses.
      (2)    The granting of such application shall be made only if such conditional use:
         A.    Shall not be materially detrimental or injurious to property in the district or vicinity.
         B.    Shall be consistent with the intent and purpose of this Zoning Code.
      (3)    The Village Planning Commission may impose, in addition to the minimum requirements and conditions specifically set forth for the conditional use in question, such additional requirements and conditions as he shall deem desirable under the circumstances, in order to minimize injury to other property and carry out the intent of this Zoning Code, including:
         A.    Limitations on signs;
         B.    Limitations on building materials;
         C.    Requirements for open spaces, landscaping, shielding of floodlights, erection of safety devices, and surfacing of access roads and driveways; screening and construction of fences and other barriers for nonresidential districts.
         D.    Such other requirements and conditions as may be necessary to:
            1.    Safeguard the public health, safety, convenience and general welfare;
             2.    Minimize the adverse impact upon adjoining properties in the district or vicinity;
            3.    Protect and preserve the character, attractions and orderly development of the district or vicinity.
   (b)    Conditional Uses. Conditional uses, both principal and accessory, shall also be subject to the special provisions of the district use regulations in those districts where such conditional uses are authorized.
   (c)    Other Exceptions and Modifications.
      (1)    Permission of prohibited uses as accessory to conforming uses. The Village Planning Commission shall have the power to permit, in B and I Districts, a prohibited use as accessory to a conforming use on the same lot, provided that the product of such accessory use is utilized entirely in the conforming use.
      (2)    Temporary permits. In undeveloped sections of the Village, the Village Clerk may, with approval of the Planning Commission, grant temporary and conditional permits for nonconforming uses, to terminate at a date specified in the permit, which date shall not exceed two years from the date of such permit, provided that such uses are important to the development of such undeveloped sections and are not detrimental to the neighborhood. Such permits may be renewed on reapplication to the Village Clerk.
      (3)    Extension of nonconforming use. The Village Clerk may, with approval of the Planning Commission, grant a permit for the extension of nonconforming uses upon a lot occupied by such use or on a lot adjoining or directly across an alley from such use, if such lot was under the same ownership as the lot in question prior to and continuously since the time such use became nonconforming, provided that:
         A.    In the case of a nonconforming use in the form of a building or structure, such extension or extensions shall not exceed, in all, fifty percent (50%) of the floor area of the existing building or structure devoted to such nonconforming use, except as provided in subsection (c)(3) C. hereof.
         B.    In the case of the enlargement or an extension of a nonconforming use not involving any building or structure, such extension or extensions shall not exceed, in all fifty percent (50%) of the land area devoted to such nonconforming use, except as provided in subsection (c)(3) C. hereof.
         C.    Where the nonconforming use is not closer to any adjoining property line than 100 feet, such extension or extensions may be over any area.
         D.    In the case of an extension of a nonconforming use, such extension shall not extend more than twenty-five feet beyond the district, or to within 100 feet of the closest property line, whichever permits the greater extension.
      (4)    Temporary uses for war purposes. In the event, in order to carry out the use for war purposes of any building or premises, or by the direction of the United States Government, it is shown to be necessary to use such building or premises for a use prohibited by this Zoning Code, the Village Clerk shall have the power to grant a temporary and conditional permit for such use, in accordance with the following regulations:
         A.    The Village Clerk shall not exercise this power upon any application unless he finds, upon the evidence produced before him, that there is necessity for the proposed war purposes at the particular location of such building or premises.
         B.    Any such permit shall terminate within two years or not later than six months after the termination of the present National Emergency as declared by the President of the United States.
         C.    In granting any such permit, the Village Clerk may permit such repairs or temporary improvements or construction as he finds necessary for such use.
         D.    Any application for any such permit shall be accompanied by a written agreement of the owner and, if leased, also by the lessee of the building or premises, that said improvements or constructions will be removed on or before the termination of the permit as aforesaid, and that if such owner or lessee fails to so remove the same, the Village may remove the same at the cost of the owner or lessee and shall have a lien upon the property as security for said agreement, the form of such agreement to be as may be specified by the Village Solicitor.
         E.    No appeal for a continuance of such use shall be based upon said repairs, improvements or constructions.
         F.    The Village Clerk may impose other conditions which he may deem necessary or advisable to assure the temporary nature of the grant.
         G.    Upon the termination of the permit as hereinbefore provided, the building or premises shall revert to its zoning status previous to the grant of the permit.
      (5)    Control of manufacturing and other industrial uses. The Village Clerk in authorizing any manufacturing or other industrial use in the I-1 District, may require the installation, operation and maintenance, in connection with the proposed use, of such devices and/or methods as may, in the opinion of the Village Clerk, be reasonably required to prevent or reduce fumes, gas, dust, smoke, odor, water-carried waste, noise, vibration or similar nuisances, and may impose such conditions regarding the extent of open spaces between it and surrounding properties as shall tend to prevent or reduce the injury which might result from the proposed use to the surrounding properties and neighborhood.
         (Ord. 1135. Passed. 11-26-84.)

1125.04 VARIANCES.

   (a)    The Planning Commission shall have the power, upon application, to authorize variances from the provisions and requirements of this Zoning Code which shall not be contrary to the public interest or the intent and purpose of this Zoning Code, but only where, owing to special conditions pertaining to a specific piece of property the strict application of provisions or requirements of this Zoning Code would cause undue or unnecessary hardship.
   (b)    No such variance shall be authorized by the Planning Commission unless the Planning Commission finds that all the following facts and conditions exist:
      (1)    Exceptional or extraordinary circumstances or conditions applying to the subject property that do not apply generally to other properties in the same district or vicinity.
      (2)    The special circumstances or conditions do not result from actions of the property owner or any of his predecessors in title.
      (3)    Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same district or vicinity.
      (4)    The authorization of such variance shall not be materially detrimental to the public welfare or injurious to property in the district or vicinity in which the property is located.
   (c)    In modifying the literal interpretation and strict application of the provisions of this Zoning Code and in authorizing a variance therefrom the Planning Commission may impose such requirements and conditions regarding the location, character and other features of the proposed uses or structures as he may deem necessary in order to carry out the intent and purpose of this Zoning Code, and to safeguard otherwise the public health, safety convenience and general welfare.
   (d)    The Planning Commission shall have the power to establish definite time limits within which any usage authorized by a variance shall be commmenced. Any construction associated with a variance shall be governed by the requirements of its building permit as stated in Section 1125.01(d). (Ord. 1135. Passed 11-26-84.)

1125.05 PROCEDURE.

   Applications for conditional uses and variances, shall be made in accordance with the following provisions:
   (a)    Data Required.
      (1)    All applications shall be accompanied by a plan of the proposed building or use, and the names and addresses of all abutting property owners as they appear in the Office of the Auditor of Putnam County.
      (2)    Plans for conditional uses, other special exceptions and modifications, and variances shall show the following data to the extent applicable:
         A.    A plat showing the boundaries of the parcel or tract;
         B.    The location, size, height and use of all structures;
         C.    The location of all vehicular and pedestrian ways;
         D.    The location and type of all landscaping walls and other forms of screening for nonresidential districts;
          E.    The location and surface treatment of parking areas;
         F.    The number and type of dwelling units;
         G.    The type and nature of manufacturing or other industrial processes.
         H.    Such other information applicable to the building or use in question as may be necessary, in the opinion of the Planning Commission, to carry out the intent and purpose of this Zoning Code.
   (b)    Public Hearing. Prior to making a decision on any application, the Planning Commission shall notify, by mail, the property owner or petitioner and all abutting property owners of the time and place of a public hearing.
   (e)    Decision of Planning Commission. Following the public hearing, the Planning Commission shall make a decision and notify, within thirty days the property owner or petitioner and all abutting property owners. The Planning Commission may grant or deny, wholly or in part, or may modify the application submitted.
(Ord. 1135. Passed 11-25-84.)
   (d)    Fees.
      (1)    With each application, the applicant shall pay a fee of eighty dollars ($80.00). (Ord. 23-25. Passed 2-27-23.)
      (2)    Such fee shall be in addition to the payment of the regular building permit fee and any other fee which thereafter may accrue, and no portion of any fee shall be refunded whatever may be the outcome of the application.
(Ord. 1216. Passed 6-13-88.)

1125.06 PENDING APPLICATIONS FOR BUILDING PERMITS.

   Nothing herein contained shall require any change in the plan, construction, size or designated use of a building for which plans are filed with the Village Clerk before the effective date of this Zoning Code; provided that construction shall have been started within six months of date of such filing and the ground story framework, including structural parts of the second floor, if any, shall have been completed within one year of such filing and the entire building completed within two years of date of such filing.
(Ord. 1135. Passed 11-26-84.)

1125.07 CERTIFICATE OF OCCUPANCY.

   (a)    A Zoning Certificate of Occupancy for any building or premises shall be obtained from the Village Clerk. The applicant shall furnish any additional information the Village Clerk or Planning Commission may require to determine compliance with the Zoning Code. The Village Clerk shall issue a Certificate of Occupancy if the intended use of occupancy conforms with the Zoning Code.
   (b)    Any person may apply to the Village Clerk on forms prepared by the Village Clerk, for a Certificate of Occupancy for any conditional use, special exception or modification, or variance as regulated by Sections 1125.03 and 1125.04. 
   (c)    A temporary Zoning Certificate of Occupancy for a part of a building or premises may be issued by the Village Clerk under such conditions as may be prescribed by him.
   (d)    The fee for Zoning Certificate of Occupancy as provided herein shall be not more than fifteen dollars ($15.00) each, except as provided in Section 1125.05 (d).
   (e)    In cases of pending amendments to the Zoning Code or Building Zone Map, the procedure shall be as follows:
      (1)    In any case where a Zoning Certificate of Occupancy is issued pursuant to this Section, no subsequent amendment to the Zoning Code or Building Zone Map shall affect the right of the property owner to use the premises described in the Certificate of Occupancy for the uses stated therein if construction is commenced and carried out within the period stated in Section 1125.06, provided, however, that this subsection shall not apply where an amendment to the Zoning Code or Building Zone Map is already pending at the time the application is received for said Certificate of Occupancy and said amendment would, if adopted, preclude the use of the premises stated in such Certificate of Occupancy.
      (2)    For the purposes of this section, the word "pending" means:
         A.    After a petition for an amendment to the Zoning Code or Building Zone Map has been filed with Council; or
         B.    In the case of an amendment to the Zoning Code or Building Zone Map initiated by the Planning Commission or Council, after such amendment has been introduced in Council.
            (Ord. 1135. Passed 11-26-84.)

1125.08 REMEDIES.

   In case any building or structure is or is intended to be erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building structure or land is or is intended to be used, in violation of this Zoning Code, the Village Solicitor, in addition to the remedies herein provided for, is hereby authorized to institute any appropriate action or proceeding in law or equity to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate such violation. (Ord. 1135. Passed 11-26-84.)

1125.09 VALIDITY.

   Should any provision of this Zoning Code be held invalid, such decision shall not affect the validity of any other provision of the Zoning Code. (Ord. 1135. Passed 11-26-84.)

1125.99 VIOLATIONS AND PENALTIES.

   Whoever violates any provision of this Zoning Code or fails to conform to any provision thereof, or fails to obey any lawful order the Village Clerk issues in pursuance thereof, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars ($500.00). Each day's continuation of violation or failure to comply shall be considered a separate offense.
(Ord.1135. Passed 11-26-84.)

1127.01 HEARING OF APPEALS.

   All appeals from decisions made by the Village Clerk in administering the zoning law shall be heard by the Planning Commission.
(Ord. 1135. Passed 11-26-84.)

1127.02 APPEALS.

   (a)    Appeals to the Planning Commission may be taken by any person or by any officer, board or commission of the Municipality affected by any grant or refusal of a Certificate of Occupancy or by any other decision of the Village Clerk, where such decision is based upon the requirements of this Zoning Code.
   (b)    The Planning Commission may, in conformity with the provisions of this Zoning Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, ruling or determination appealed from. (Ord. 1135. Passed 11-26-84.)

1127.03 PROCEDURE.

   (a)    Rules and Regulations. In exercising its powers in hearing appeals, the Planning Commission shall adopt from time to time such general rules and regulations as it may deem necessary to carry out its functions in hearing appeals.
   (b)    Hearings. 
      (1)    Any party adversely affected by any order or action of an administrative decision by the Village Clerk, may appeal therefrom by filing a notice of appeal with the Village Planning Commission, setting forth the order or decision appealed from and the grounds of his appeal. Such notice of appeal shall be filed within fifteen days after the issuance of the order or decision made and issued by the Clerk, except in case of any order or decision made and issued by the Village Clerk prior to the adoption of this chapter, in which case fifteen days shall begin to run from the time of service of these rules and regulations upon the parties affected by such administrative decision, by publication in The Putnam County Sentinel.
      (2)    The filing of a notice of appeal shall not automatically operate as a suspension of the order or decision of the Village Clerk. If it appears to the Planning Commission that an unusual hardship to the appellant shall result from the execution of the Village Clerk's order or decision pending determination of the appeal, the Planning Commission may grant a suspension and fix its terms.
      (3)    Within twenty days after the receipt of the notice of appeal from an order or decision in any case the Village Clerk shall prepare and certify to the Planning Commission a complete record of the proceedings in the case. Failure of the Village Clerk to comply within the time allowed shall, upon motion, cause the Planning Commission to enter a finding in favor of the party adversely affected. Additional time, however, may be granted by the Planning Commission, not to exceed ten days, when it is shown that the Clerk has made substantial effort to comply. Such records shall be prepared and transcribed, and the expense thereof shall be taxed as part of the cost on the appeal. The appellant shall provide security for cost satisfactory to the Planning Commission. Upon demand by any interested party, the Planning Commission shall furnish, at the cost of the party requesting it, a copy of the stenographic report of testimony offered, if any, and evidence at any hearing, and a copy of the complete record.
      (4)    In the hearing of the appeal the Planning Commission is not confined to the record as certified to it by the Clerk, but may hear any evidence offered and consider the matter de novo.
      (5)    The Planning Commission shall conduct a hearing on such appeal and shall give preference to such proceedings over all other matters, irrespective of the time of filing of any other proceedings on the calendar of the Planning Commission. The hearing before the Planning Commission shall determine the rights of the parties in accordance with the Zoning Code and general laws of the State of Ohio applicable to such appeal. At such hearing Council may be heard on oral argument, briefs may be submitted, and evidence introduced, if the Planning Commission has granted a request for presentation of additional evidence.
      (6)    The Planning Commission may affirm the order or decision of the Village Clerk complained of in the appeal, if it finds, upon evidence of the entire record and such additional evidence as the Planning Commission has admitted, that the order or decision is supported by reliable, probative, and substantial evidence and is in accordance with law. In the absence of such finding it may reverse, vacate or modify the order or make such other rulings as are supported by reliable, probative, and substantial evidence and in accordance with law. The decision of the Planning Commission shall be final and conclusive unless reversed, vacated or modified on appeal to the Court of Common Please. Such appeal may be taken either by the party or the Village Clerk and shall proceed as in the case of appeals in civil actions as provided by the Ohio Revised Code and the Ohio Rules of Civil Procedure.
      (7)    Hearings of the Planning Commission shall be public.
      (8)    Notice of hearings on each appeal shall be given by publication in accordance with the Ohio Revised Code.
   (c)    Actions of the Planning Commission in Hearing Appeals.
      (1)    The Planning Commission may go into executive session for discussion but not for vote on any case before it.
      (2)    The Planning Commission shall act by resolution, in which a majority of members shall concur.
      (3)    Concise records and minutes of all official acts of the Planning Commission in hearing appeals shall be maintained.
   (d)    Fees.
      (1)    With each application, the applicant shall pay a fee of not more than twenty-five dollars ($25.00).
      (2)    Such fee shall be in addition to the payment of the regular building permit fee and any other fee which thereafter may accrue, and no portion of any fee shall be refunded whatever may be the outcome of the application.
         (Ord. 1135. Passed 11-26-84.)