(a)    The Inspector of Buildings shall cause examination to be made of every application for a building permit and shall issue no permit for any building or structure to be built, altered or repaired in violation of this Zoning Code. No building or structure shall be built, altered or repaired except after the issuance of such permit, or otherwise than in conformity with such permit and the plans, statements and other documents required by this Zoning Code, or any other ordinance, to be submitted or approved for the purpose of securing such permit. Any such permit issued in violation hereof shall be void.

   (b)    The Inspector shall cause inspection to be made of all buildings and structures in the process of construction, and such other buildings, structures and premises as he or she may find necessary or proper to be inspected in the enforcement of this Zoning Code.

   (c)    When any construction, alteration or repair of any building or structure is being done in violation of this Zoning Code, it shall be unlawful to proceed further upon such work, and such work shall be suspended forthwith.

   (d)    When any building, structure or premises is being used or occupied in violation of this Zoning Code, it shall be unlawful to continue such use or occupancy, and such use or occupancy shall be suspended forthwith.

   (e)    It shall be the duty of the Inspector to notify the owner, or his or her agent, of such unlawful work, use or occupancy, and to cause a written or printed notice of the suspension thereof to be posted conspicuously and as near as practicable to the scene of the unlawful work, use or occupancy. No person shall remove, deface, cover or conceal such notice or do any further work on such building or structure, or continue the use or occupancy of such building, structure or premises, until such notice has been rescinded by the Inspector or the Planning Commission, provided that the Inspector may direct such covering or protection to be made as the public safety may require and the person performing the suspended work, use or occupancy shall immediately make such covering and protection as directed.

   (f)   Prior to entering any dwelling, multifamily dwelling, building, structure, or premises within the City to perform any duty imposed on him or her by law, the Building Inspector, or his or her authorized agents, shall comply with Section 1440.02(c) of the Codified Ordinances of Pepper Pike.

(Ord. 2017-34. Passed 12-20-17.)

   There are hereby delegated to the City Planning Commission all powers now or hereafter authorized by law to be delegated to any administrative board with respect to the enforcement of this Zoning Code, including, without prejudice to the generality of this delegation, the following powers:

   (a)   The Commission shall hear and determine all appeals from any decision or action of the Inspector of Buildings in the administration or enforcement of this Zoning Code.

   (b)   The Commission may, in individual cases, after public notice and hearing set forth herein and subject to such conditions and safeguards as it may establish, permit exceptions to and variations from the district regulations established by this Zoning Code as provided in Section 1262.03 hereof.

   (c)   Permit in a use district as a conditional use, any use determined by the Commission to be generally in keeping with the uses authorized in such district. In granting a conditional use the Commission may attach such stipulations, restrictions, and conditions as it deems necessary and appropriate to ensure the compatibility of said use in the district.

      (Ord. 2013-13. Passed 9-25-13.)

   (b)   Notice. The Commission shall hold a public hearing on each application for a variance and shall give at least fourteen (14) days’ notice of the time and place thereof by electronic mail to individuals and organizations who have filed a request for such notices with the Clerk of Council and by any two (2) of the following methods:

      (1)   Publication in a newspaper of general circulation in the City;

      (2)   Posting on the City website;

      (3)   Posting on the bulletin board at City Hall.

   During such fourteen (14) days, the application, together with any maps, plans and reports submitted to the Planning Commission, shall be on file for public examination in the office of the Clerk of Council or in such office as is designated by the Planning Commission.

   For each variance request, written notice of the hearing shall also be mailed by the Planning Commission by first class mail at least ten (10) days before the date of the public hearing to owners of property contiguous to and directly across the street from the parcel or parcels which are the subject of such request. Such notice shall be sent to the addresses of owners appearing on the County’s current tax list or mailing list and to such other list or lists as may be specified by the Planning Commission. The failure of delivery of such notice shall not invalidate any such variance.

   (c)   Authority. The Planning Commission shall have the authority to:

      (1)   Permit the extension of a building or use into a more restricted district immediately adjacent thereto, but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized;

      (2)   Permit the substitution or extension of a non-conforming use or building upon the lot occupied by such use or building at the time of the passage of this Zoning Code.

      (3)   Permit such modification of the yard or lo area of width regulations as may be necessary to secure an appropriate improvement of a parcel of land that is too small to be appropriate improved without such modification, which parcel was separately owned at the time of passage of this Zoning Code or is adjacent to buildings that do not conform to the general restrictions applicable to their location;

      (4)   Permit the erection, in any height district, of a building or portion of buildings, covering not over twenty-five percent of the area of the lot, to a height in excess of the limits prescribed in this Zoning Code.

      (5)   Authorize, upon appeal, in specific cases, such area variances from the terms of this Zoning Code as will not be contrary to the public interest, where, owing to special conditions or unique circumstances, a literal enforcement of the provisions or requirements of this Zoning Code will result in practical difficulty and so that the spirit of this Zoning Code shall be observed and substantial justice done.

   (d)   Findings. The Planning Commission shall consider the following when making positive findings of fact as to whether or not a practical difficulty exists for the approval of a variance request:

      (1)   Whether the property in question will yield a reasonable return and whether there can be any beneficial use of the property without the variance.

      (2)   Whether the variance is substantial.

      (3)   Whether the essential character of the neighborhood will be substantially altered and whether adjoining properties will suffer interference with their proper future development and rights as a result of the variance.

      (4)   Whether the variance will adversely affect the delivery of governmental services (i.e. water, sewer, garbage, fire, police or other).

      (5)   Whether the property owner purchased the property with knowledge of the zoning restriction.

      (6)   Whether the property owner’s predicament can be obviated through some other method other than a variance.

      (7)   Whether the spirit and intent of the Zoning Code will be observed and substantial justice done by the granting of the variance.

      (8)   Whether the granting of the variance will be contrary to the general purpose, intent and objective of the district.

      (9)   Whether the variance request arises from a condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning district or general vicinity;

      (10)   Whether the practical difficulty is created by the Zoning Code and not by any action or actions of the property owner or the applicant.

      (11)   Whether the variance desired will adversely affect the public health, safety or general welfare;

      (12)   Whether the variance requested is the minimum variance necessary to afford relief to the property owner.

   (e)   Action. Actions by the Planning Commission on appeals and variances shall be made in accordance with Section 1220.02(b).

   (f)   Time Limit. Variances shall become null and void if the use is not established or the building is not completed within one (1) year of the date the Planning Commission’s action becomes final or such other time frame as the Planning Commission may establish.

(Ord. 2013-13. Passed 9-25-13.)

   The owner of any building or premises or part thereof where anything in violation of this Zoning Code is placed or exists, and any architect, builder or contractor who assists in the commission of any violation, and any person who violates any of the provisions of this Zoning Code or fails to comply therewith, shall, for each violation or noncompliance, be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 1963-59. Passed 11-20-63.)