Pemberville City Zoning Code
ENFORCEMENT
§ 153.165 RESPONSIBLE AUTHORITY.
(A) It shall be the duty of the responsible authority, who shall be appointed by the Village Council, to enforce this chapter. It shall also be the duty of all officials and employees of the village to assist the responsible authority by reporting to said responsible authority upon new construction, reconstruction, or land uses or upon seeming violations.
(Ord. 1141, passed 9-1-1998)
§ 153.166 ZONING CERTIFICATES.
(A) It shall be unlawful for an owner to use or to permit the use of any structure, building, or land, or part thereof, hereafter created, erected, changed, converted, or enlarged, wholly or partly, until a zoning certificate shall have been issued by the responsible authority. It shall be the duty of the responsible authority to issue a certificate, provided said responsible authority is satisfied that the structure, building, or premises, and the proposed use thereof conform with all the requirements of this chapter. No permit for excavation, construction, or reconstruction shall be issued by the responsible authority unless the plans, specifications, and the intended use conform to the provisions of this chapter.
(B) Upon written request from the owner or tenant, the responsible authority shall issue a zoning certificate for any building or premises existing at the time of enactment of this chapter certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this chapter. No charge shall be made for issuing a zoning certificate in accordance with this division (B).
(Ord. 1141, passed 9-1-1998) Penalty, see § 153.999
§ 153.167 CONDITIONS UNDER WHICH CERTIFICATES ARE REQUIRED.
A zoning certificate shall be required for any of the following, except as herein provided:
(A) Construction or structural alteration of any building, including accessory buildings;
(B) Change in use of an existing building or accessory building to a use of a different classification;
(C) Occupancy and use of vacant land;
(D) Change in the use of land to a use of a different classification;
(E) Any change in the use of a nonconforming use; and
(F) A zoning certificate shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter or any amendments.
(Ord. 1141, passed 9-1-1998)
§ 153.168 APPLICATION AND ISSUANCE OF ZONING CERTIFICATES.
(A) Written application shall be made for a zoning certificate for the construction of a new building or the alteration of an existing building. A zoning certificate shall be issued within ten days after written request for the same has been made to the responsible authority or his or her agent, provided such construction or alteration is in conformity with the provisions of this chapter.
(B) Written application for a zoning certificate for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the responsible authority. If the proposed use is in conformity with the provisions of this chapter, the certificate therefore shall be issued within 16 days after the application for same has been made.
(C) Every application for a zoning certificate shall be accompanied by the permit fee hereafter provided for, a plot plan in duplicate, and such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made. Where construction or physical improvement of the land is involved, the lot and location of the buildings to be erected thereon shall be staked out on the ground before construction is started, and all dimensions shown on filed plans shall be based on an actual survey.
(1) Each plan shall show:
(a) The street providing access to the lot and the exact location of the lot in relation to the nearest cross street;
(b) The name of the concerned lot plan, if any, and the lot numbers of the concerned and abutting properties;
(c) The actual dimensions of the lot, the yard, and other open space dimensions thereof, and the location, size, and use of any existing structure thereon;
(d) The location, size, and use of the proposed structure and/or the proposed enlargement of the existing structure;
(e) Plans of the new construction showing material to be used; and
(f) Any other information which in the judgment of the responsible authority may be necessary to provide for the enforcement of this chapter.
(2) Each plan shall bear statements declaring:
(a) No part of the land involved in the application has been previously used to provide required yard space or lot area for another structure; and
(b) Which abutting land was formerly that of the owner of the land involved in the application, and, if any, the approximate date of title transfer.
(3) Where complete and accurate information is not readily available from existing records, the responsible authority may require the applicant to furnish a survey of the lot by a registered engineer or surveyor.
(4) Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.
(5) A file of such applications and plans shall be kept in the office of the responsible authority.
(6) The responsible authority shall issue or reject the application according to this chapter and shall inform the applicant.
(7) Where construction or physical improvement of the land is involved, work must begin within one year of the date of the issuance of the zoning certificate and be completed within three years of the issuance of the zoning certificate.
(D) The responsible authority shall not issue a zoning certificate for any application requiring site plan review by the Planning Commission until the Commission approves the site plan.
(Ord. 1141, passed 9-1-1998)
§ 153.169 FEE FOR ZONING CERTIFICATE.
(A) A fee, in accordance with the village zoning certificate fee schedule, as set forth by ordinance of Village Council, shall accompany each application for a zoning certificate.
(B) The responsible authority shall forthwith deposit all permit fees with the Village Clerk who shall credit such fees to the credit of the Zoning and Building Fund of the village and shall be used for administration of this chapter.
(C) Every zoning certificate shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all zoning certificates shall be kept on file in the office of the responsible authority or his or her agent. Copies shall be furnished upon request within two working days to any person having proprietary or tenancy interest in the building or land affected after due notice to the responsible authority.
(D) Applications for variance permits heretofore provided for in this chapter shall also be submitted to the responsible authority or his or her agent. Such applications shall be accompanied by the variance permit fee hereafter provided for, together with information required for a regular zoning certificate and such additional information as the responsible authority shall require.
(E) Applications for temporary permits shall be submitted to the responsible authority or his or her agent, together with the temporary permit fee and such information as the responsible authority shall require.
(F) The granting of a certificate under this chapter allows the construction or alteration of buildings or structures and the modification of use as applied for in the permit and according to the plans, plats, and specifications submitted with the application. Construction, alteration of buildings or structures, and modifications of use contrary to such plans, plats, or specifications or contrary to §§ 153.065 to 153.071, unless authorized by the Commission shall constitute violation of this chapter.
(Ord. 1141, passed 9-1-1998) Penalty, see § 153.999
§ 153.170 GRANTING OF TEMPORARY PERMITS.
The responsible authority shall have the power to grant temporary permits for the following purposes and subject to the following conditions.
(A) A temporary permit may be granted for the use of a house trailer as a residence in connection with the granting of a zoning certificate for the construction of a dwelling. The permit shall allow such use on the premises on which the dwelling is to be constructed and shall expire on completion or occupancy of the dwelling, and in any event, within one year of the date granted. Such trailer must be equipped with adequate sanitary facilities which shall include a connection to the village sanitary sewer system.
(B) A temporary permit may be granted in conjunction with the remodeling of a home for the use of a house trailer as a residence on a lot or tract of land which has a dwelling thereon. Such permit shall expire in 30 days. No more than one permit shall be issued each year per property without the approval of the Planning Commission.
(C) A temporary permit may be granted for the erection and use of construction buildings in connection with the granting of any zoning certificate. Such permit must expire within 30 days of completion of the construction.
(D) A temporary permit may be granted for the use of lands in an “A”, “R-A”, “R-3”, “C”, or “M” District as a fair or circus grounds. Such permit shall expire within two weeks of issue.
(E) In the granting of such permits, the responsible authority shall determine that the site for which the permit is requested is of sufficient size and so located that adequate parking facilities are available.
(Ord. 1141, passed 9-1-1998)