Oxford City Zoning Code
CHAPTER 1129
Administration
1129.01 ZONING CERTIFICATES AND CERTIFICATES OF CODE COMPLIANCE REQUIRED.
No building or other structure shall be erected, moved, added to, or structurally altered, nor shall any building, structure, or land use be established or changed in use without certificates therefore issued by the Zoning Administrator. Zoning Certificates and Certificates of Code Compliance shall be issued only in conformity with the provisions of this Ordinance unless the Zoning Administrator receives a written order from the Board of Zoning Appeals deciding an appeal, or variance; or from the City Council approving a Conditional Use or Planned Development, as provided by this chapter.
(Ord. 3804. Passed 2-18-25.)
1129.02 CONTENT OF APPLICATION FOR ZONING CERTIFICATE AND CERTIFICATE OF CODE COMPLIANCE.
(a) The application for Zoning Certificates and Certificate of Code Compliance shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within six months after issuance of the Zoning Certificate. If the applicant fails to meet the deadline, the applicant may request, at least fourteen working days before the Zoning Certificate expires, a one time six-month extension from the Zoning Administrator, the Zoning Administrator may grant the extension provided the scope of the previous approved Zoning Certificate has not changed and the proposed use is still permissible under the applicable ordinance. At a minimum, the application shall contain the following information.
(b) No application shall be processed unless the minimum application materials are submitted by the administrative deadline.
(1) Name, address, and phone number of applicant;
(2) 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, dimensions, and distance from property lines of the proposed building(s) or alteration;
(7) Driveways and curb cuts;
(8) Number of off-street parking spaces or loading berths.
(9) Percentage of greenspace on the lot or site;
(10) Building height.
(Ord. 3804. Passed 2-18-25.)
1129.03 ZONING CERTIFICATE.
(a) Application for Zoning Certificate. Every application for a building permit shall be deemed to be an application for a zoning certificate.
(b) Review of Zoning Certificate. The Zoning Administrator shall review all Zoning Certificate applications for compliance with this Code.
(c) Approval of Zoning Certificate. If an application satisfies all of this Code, the Zoning Administrator shall issue the certificate.
(1) Minor Variance: The Zoning Administrator may grant the minor variance up to five percent (5%) of the side or rear yard setback, provided that the issuance of the zoning certificate conforms to the following criteria:
A. That the particular physical surroundings, shape, or topographical conditions of the specific property involved would result in a practical difficulty upon or for the owner, lessee, or occupant as distinguished from a mere inconvenience, if the provisions of this Chapter were literally enforced.
B. The issuance of a certificate will not be materially detrimental or injurious to the adjoining properties or improvements in the neighborhood in which the subject property is located.
C. That the requested modification does not exclusively rely upon the desire of the owner, lessee, occupant or applicant to realize economic gain.
D. That the proposed deviation will not impair an adequate supply of light or air to adjacent properties, substantially increase the congestion in the public street, increase the danger of fire, endanger the public safety or substantially diminish or impair property value within the neighborhood.
E. Notification will be sent to direct abutters within two business days of the application filing. This notification will include comment forms.
(d) Denial of Zoning Certificate.
(1) If an application does not satisfy this Code, or if insufficient information is provided to ensure satisfaction of this Code, the Zoning Administrator shall deny the certificate. A written notice shall be provided to the applicant stating the reason for denial.
(2) An applicant may submit revisions to a denied application to correct elements of the original application that do not satisfy this Code or to provide more information that will ensure satisfaction of all elements of this Code. Revisions must be submitted to the Zoning Administrator within thirty days of the date that the Zoning Administrator issues a written denial.
(3) An applicant may appeal the Zoning Administrator’s decision to the Board of Zoning Appeals within thirty day of the date that the Zoning Administrator issues a written denial. The applicant shall file an application, along with all the information per Section 1129.09.
(4) If an applicant fails to submit revisions within the time allotted, the application is void and the application fee is forfeited. A new, complete application must be filed, including the fee. Any new application will be subject to the Code at the time of application.
(e) Authority to proceed with Construction. No excavation or construction shall commence unless the plans, specifications, and the intended use conform to the provisions of the Zoning Code and the Zoning Certificate has been obtained.
(Ord. 3804. Passed 2-18-25.)
1129.04 CERTIFICATE OF CODE COMPLIANCE.
(a) Required. No owner or tenant shall use, occupy, or permit the use of any structure, building, or vacant land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a Certificate of Code Compliance has been issued. Such Certificate of Compliance shall show that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code, the Subdivision Regulations, Ohio Residential Code, Ohio Building Code, the Water and Sanitation Sewer Improvement Specifications Manual, Storm Water Management Design Manual, and other applicable sections of the Codified Ordinance of the City of Oxford.
(b) Application for a Certificate of Code Compliance. Every application for a certificate of occupancy shall be deemed to be an application for a Certificate of Code Compliance.
(c) Review of a Certificate of Code Compliance. The Zoning Administrator and Service Director shall review all Certificate of Code Compliance applications for compliance with the Zoning Code, the Subdivision Regulations, Ohio Residential Code, Ohio Building Code, the Water and Sanitation Sewer Improvement Specifications Manual, Storm Water Management Design Manual, and other applicable sections of the Codified Ordinance of the City of Oxford.
(d) Approval of a Certificate of Code Compliance Application. If an application satisfies all of these Codes, the Zoning Administrator shall issue the Certificate of Code Compliance.
(1) Minor Variance: The Zoning Administrator may grant the minor variance up to five percent (5%) of the side or rear yard setback, provided that the issuance of the zoning permit conforms to the following criteria:
A. That the particular physical surroundings, shape, or topographical conditions of the specific property involved would result in a practical difficulty upon or for the owner, lessee, or occupant as distinguished from a mere inconvenience, if the provisions of this Chapter were literally enforced.
B. The issuance of a certificate will not be materially detrimental or injurious to the adjoining properties or improvements in the neighborhood in which the subject property is located.
C. That the requested modification does not exclusively rely upon the desire of the owner, lessee, occupant or applicant to realize economic gain.
D. That the proposed deviation will not impair an adequate supply of light or air to adjacent properties, substantially increase the congestion in the public street, increase the danger of fire, endanger the public safety or substantially diminish or impair property value within the neighborhood.
E. Notification will be sent to direct abutters within two (2) business days of the application filing. This notification will include comment forms.
(e) Denial of Certificate of Code Compliance.
(1) If an application does not satisfy these Codes, or if insufficient information is provided to ensure satisfaction of these Codes, the Zoning Administrator shall deny the certificate. A written notice shall be provided to the applicant stating the reason for denial.
(2) An applicant may submit revisions to a denied application to correct elements of the original application that do not satisfy this Code or to provide more information that will ensure satisfaction of all elements of these Codes. Revisions must be submitted to the Zoning Administrator within thirty days of the date that the Zoning Administrator issues a written denial.
(3) An applicant may appeal the Zoning Administrator’s decision to the Board of Zoning Appeals within thirty days of the date that the Zoning Administrator issues a written denial. The applicant shall file an application, along with all the information per Section 1129.09.
(4) If an applicant fails to submit revisions within the time allotted, the application is void and the application fee is forfeited. A new, complete application must be filed, including the fee. Any new application will be subject to the Code at the time of application.
(f) No owner or tenant shall change or otherwise convert the use of any structure, building, or land, or part thereof unless a Certificate of Code Compliance has been issued.
(g) Any change in the use of a nonconforming use shall first obtain a Certificate of Code Compliance. (Ord. 3804. Passed 2-18-25.)
1129.05 FAILURE TO OBTAIN A ZONING CERTIFICATE OR CERTIFICATE OF CODE COMPLIANCE.
Failure to obtain a Zoning Certificate or Certificate of Code Compliance shall be a violation of this chapter. (Ord. 3804. Passed 2-18-25.)
1129.06 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES.
Zoning Certificates or Certificate of Code Compliance 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. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Chapter, and punishable as provided in Section 1129.99.
(Ord. 3804. Passed 2-18-25.)
1129.07 COMPLAINTS REGARDING VIOLATIONS.
(a) Whenever a violation of this Ordinance 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. The Zoning Administrator shall record properly such complaint, investigate in a timely manner, and take action thereon as provided by this chapter.
(b) The Zoning Administrator shall notify the property owner or tenant designee of the violation in writing. The written notice shall cite the relevant code section and the time period for compliance.
(Ord. 3804. Passed 2-18-25.)
1129.08 TIME PERIOD FOR VIOLATIONS.
Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in various sections of this chapter, is prohibited. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, or assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the City of Oxford from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 3804. Passed 2-18-25.)
1129.09 NUISANCE PER SE.
Buildings, structures, or parts thereof erected, altered, razed or converted, or uses carried on in violation of any provision of this chapter are declared to be a nuisance per se. The Court shall be requested to order such nuisance abated and the owner or agent in charge of such building or land shall be adjudged guilty of maintaining a nuisance per se.
(Ord. 3804. Passed 2-18-25.)
1129.10 FEES.
(a) Any application under this Ordinance for a Zoning Certificate, Certificate of Code Compliance, zoning map or text amendment, conditional use permit, planned development review, sign permit, appeal or variance shall be accompanied by such fee as shall be specified from time to time by Ordinance by the City Council. There shall be no fee, however, in the case of applications filed by City Council or the City Planning Commission.
(b) The Zoning Administrator may adjust fees.
(c) Until all applicable fees have been paid in full, no action shall be taken on any application or appeal. (Ord. 3804. Passed 2-18-25.)
1129.11 APPEALS OF ADMINISTRATOR’S DECISION.
The aggrieved party may appeal the decision of the Zoning Administrator to the Board of Zoning Appeals.
(a) The Board of Zoning Appeals shall have the power to hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by an administrative official in the enforcement of the Zoning Ordinance. In exercising its powers to review administrative decisions, the Board may, in conforming with the provisions of the statute and of this Zoning Ordinance, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as the Board of Zoning Appeals determines, and to that end shall have all powers of the office from whom the appeal is taken. The appeal shall:
(1) Cite specific provisions of this Zoning Ordinance that are alleged to have been interpreted in error of the specific decisions or action being appealed and the grounds on which the appeal is being made;
(2) Include any required application fee in an amount set by the City;
(3) Include such other information as the City or the Board may reasonably require; and
(4) Include a statement as to why the appellant has standing to pursue the appeal from the administrative action by a statement of the way in which the administrative action adversely affects the appellant.
(Ord. 3804. Passed 2-18-25.)
1129.12 APPLICATION ADMINISTRATION.
(a) Purpose. This section describes the responsibilities of the Zoning Administrator upon the filing of an application for a zoning code change, conditional use permit, planned development, site plan review, variance, or subdivision.
(b) Procedure.
(1) Upon the filing of an application and payment of a fee the Zoning Administrator shall process the application as follows:
(2) If an application is determined incomplete, the application shall be rejected, the Zoning Administrator shall notify the applicant, and no other action shall be taken until the application is complete.
(3) The complete application shall be placed on the agenda of the next available regularly scheduled meeting. The Zoning Administrator shall determine application deadlines based on the time required to ensure that all requirements of this Section can be satisfied.
(4) All application materials and any additional materials upon which the Zoning Administrator makes his or her report shall be available for public inspection at the office of the Administrator.
(5) Applications that require public notice prior to a public hearing shall be publicized in a newspaper, by mail, and by posting the property as follows. No additional public notice is required if consideration of an application is continued past the originally scheduled public hearing.
A. Newspaper.
Code Amendments, Subdivisions and Planned Unit Developments
A legal notice shall be published in at least one newspaper of general circulation in Oxford at least thirty (30) days prior to the scheduled public hearing for code amendments, subdivisions and planned unit developments.
Conditional Uses, Site Plan Reviews, and Variances
A legal notice shall be published in at least one newspaper of general circulation in Oxford at least seven (7) days prior to the scheduled public hearing for variances and conditional uses. Such notice shall state the time and place of the hearing, the nature of the application or petition, and a statement that describes whether this is a final decision or a recommendation that will be referred to Council for a final decision.
B. Mail.
Code Amendments, Subdivisions and Planned Unit Developments
A notice containing the same information required in subsection (b)(5)A., shall be mailed by first-class mail to the current owners as listed by the Butler County Auditor, at least ten (10) days prior to the scheduled public hearing. Owners of all land within two hundred (200) feet of the perimeter of the site shall be notified of applications for code amendments, subdivisions and planned unit developments.
Conditional Uses, Site Plan Reviews, and Variances
Owners of all land abutting the site shall be notified of applications for variances, and conditional uses. This is a courtesy notice. Failure by the Zoning Administrator to mail such notice or failure by a land owner described above to receive such notice shall not invalidate any action resulting from the public hearing.
C. Posting.
At least seven (7) days prior to the public hearing, the applicant shall post signs on the site, provided by the City, along each public right-of-way that abuts the site and at other locations or intersections near or leading to the site in the right-of-way, at the discretion of the Zoning Administrator. The signs shall state that the site is the subject of a public hearing and shall list the type, time, and place of the hearing, and shall be legible from the public right-of-way. This is a courtesy notice. Failure by the Zoning Administrator to provide such signs as described shall not invalidate any action resulting from the public hearing. Removal of such signs, once set, shall be a violation of this Code in addition to any other laws against their removal that may apply.
(6) The Zoning Administrator shall include the application and any additional information the Administrator determines appropriate, including a staff report or recommendation, in the agenda for the meeting at which the public hearing is scheduled.
(7) Following the public hearing and a decision by the Planning Commission, Board of Zoning Appeals, or City Council, as appropriate, the Zoning Administrator shall implement the decisions, including the issuance or denial of permits, and shall notify the applicant of the decisions and any subsequent actions required to implement them.
(8) The Zoning Administrator shall ensure that all applications, whether approved, denied, or withdrawn prior to a public hearing, are archived in such a manner that permits a person to determine the nature of the application, the applicant’s rationale in seeking a decision in their favor, and the eventual disposition of the application.
(Ord. 3804. Passed 2-18-25.)
1129.98 REMEDIES.
(a) Remedies.
(1) If any building or land is used, altered, constructed, enlarged, or any such action proposed in violation of the provisions of this chapter or any amendment or supplement thereto, the City Attorney or designee and the Enforcing Officer or designee is, in addition to other remedies provided by law, empowered and authorized to institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, enlargement, change, maintenance or use.
(b) Other action. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(c) Affected parties. The owner or tenant of any building, structure, premises or part thereof, and any architect, engineer, surveyor, builder, contractor, agent or other person who commits, participates in, assists in or maintains a violation may be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 3804. Passed 2-18-25.)
1129.99 PENALTIES.
(a) Whoever violates any provision of this chapter is guilty of the following offenses and shall be subject to the following penalties:
(1) For a first offense, a minor misdemeanor.
(2) For a second offense (whether or not of the same section of this chapter, occurring not sooner than thirty (30) days and not later than two (2) years after the first offense) a misdemeanor of the third degree. The court shall impose upon the offender a fine of not less than two hundred fifty dollars ($250.00), no portion of which may be suspended.
(3) For a third offense (whether or not of the same section of this chapter, occurring not sooner than thirty (30) days and not later than two (2) years after the first offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than five hundred dollars ($500.00), no portion of which may be suspended.
(4) For a fourth offense and each subsequent offense (whether or not of the same section of this chapter, occurring not sooner than thirty (30) days and not later than two (2) years after the first offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than five hundred dollars ($500.00), no portion of which may be suspended, or shall impose a sentence of imprisonment for not more than thirty (30) days, with no portion of the imprisonment sentence to be suspended, or may impose both such a fine and sentence of imprisonment.
(Ord. 3804. Passed 2-18-25.)