Perrysburg City Zoning Code

CHAPTER 1280

Administration and Enforcement

1280.01 DUTIES OF PLANNING AND ZONING DIVISION.

It shall be the duty of the Planning and Zoning Division to enforce the provisions of this Zoning Code and to perform the functions and to comply with all of the mandates set forth in this Zoning Code with respect to such office.
(Ord. 119-2011. Passed 6-21-11.)

1280.02 APPOINTMENT AND COMPENSATION.

(a) The Zoning Inspector and the Deputy Planning and Zoning Administrator shall report to the Planning and Zoning Administrator. City Council may, from time to time establish by separate ordinance a different disposition of the fees provided herein. The Zoning Inspector nor the Deputy Planning and Zoning Administrator shall not be authorized to incur any liabilities or expenses chargeable to the City.

(b) The fees paid for the issuance of zoning permits and certificates shall be paid into the General Fund of the City.

(Ord. 119-2011. Passed 6-21-11.)

1280.03 ENFORCEMENT.

The Zoning Inspector shall have the primary duty of enforcing the provisions of this Zoning Code under the direction of the Planning and Zoning Administrator or the Deputy Planning and Zoning Administrator. It shall be the duty of all officers and employees at the City, and especially of all members of the Police and Fire Divisions, to assist the Zoning Inspector by reporting to him or her, so that he/she may take the necessary initial action, all apparent violations of this Zoning Code.

(Ord. 119-2011. Passed 6-21-11.)

1280.04 EXISTING VIOLATIONS.

Any structure or use of a building or land erected, relocated, structurally altered, or used in violation of the provisions of Ordinance No. 246, adopted August 29,1939, commonly known as the “Zoning Ordinance of the Village of Perrysburg,” and Ordinance No. 542-60, adopted August 29, 1960, and known and referred to as the “1960 Zoning Ordinance of the Municipality of Perrysburg,” and not specifically authorized by such ordinances, shall be considered a continuing violation and subject to the penalties and sanctions available under this Zoning Code.

(Ord. 32-2006. Passed 3-7-06.)

1280.05 EQUITABLE REMEDIES.

In addition to the other remedies and penalties provided in this Zoning Code, in the event any building or structure is erected, relocated or structurally altered, or any lot is used in violation of the provisions of this Zoning Code, the City may institute an appropriate action or proceeding to prevent, restrain or enjoin any threatened or continuing violation or to correct or abate any present violation thereof.

(Ord. 32-2006. Passed 3-7-06.)

1280.06 PENALTY.

The remedies and enforcement powers established in this Zoning Code are cumulative, and the City may exercise them in any order. Without limitation:

(a) The City, through its Planning and Zoning Division, may require that any person immediately stop any work being performed in violation of this Zoning Code or other state or local laws. Such requirement shall be in writing, shall be directed to the person performing the work; and shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.

(b) In the case of violations of this Zoning Code, as determined by the Planning and Zoning Administrator, that do not constitute an emergency or require immediate attention, the Zoning Inspector shall provide notice of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit, after which the persons receiving notice will have up to thirty (30) days to correct the violation before further enforcement action will be taken.

(1) Notice must be given in person, by the U.S. mail, or by posting notice on the premises.

(2) Notice of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

(c) Should the notice provided pursuant to Section 1280.06(a) or (b) fail to remedy a violation, the City may take further legal action. Without limitation:

(1) Pursuant to Ohio R.C. 713.13, the City may seek an injunction or other equitable relief in court to stop any violation of this Zoning Code.

(2) The City may seek a court order to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

(3) The City may pursue any other actions or remedies available to it under the law.

(d) In the case of violations of this Zoning Code, as determined by the Planning and Zoning Administrator, that would result in public safety concerns or which otherwise require immediate remedy, the City may use the enforcement powers available under this Zoning Code (including, but not limited to, legal action for injunction, an order to abate or remove a violation, or other legal or equitable remedy) without prior notice.

(1) Zoning officials must attempt to give notice to the property owner and to applicant for any relevant permit simultaneously with beginning enforcement action.

(2) Where the City makes a reasonable attempt to provide such notice, failure to provide actual notice shall not prevent the City from exercising all otherwise available enforcement powers.

(e) In addition to any civil or other remedies available under the Code, whoever violates or fails to comply with any of the provisions of this Zoning Code, or erects or alters any building in disregard for or in violation of any detailed statement or plan submitted or approved in connection with the issuance of any permit, shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00).

(1) A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(2) The owner of the building or lot where anything in violation of this Zoning Code is placed or permitted to exist and any architect, builder, contractor, agent, lessee, or person employed in connection with such violation or who may have assisted in the commission of any such violation, shall be deemed guilty of a separate offense and shall be subject to the penalty herein provided.

(f) The City may seek any such other penalties and remedies as are available under the law.
(Ord. 119-2011. Passed 6-21-11.)

1280.07 ISSUANCE OR DISALLOWANCE OF ZONING PERMITS.

(a) Before starting construction on any new building, building addition or structural modification and before making any new use of vacant land, the owner or his or her agent must obtain a zoning permit. Zoning permits shall be in effect for one (1) year from the date of issuance. If construction is started within one (1) year from the date of issuance of a zoning permit, the permit shall be in effect for a total of two (2) years from the date of issuance. Extensions may be granted only with the approval of City Council.

(b) The zoning permit shall conform to all the requirements pertaining thereto and shall be filed with the Planning and Zoning Division. If zoning officials determine that the proposed building, building addition, structural modification or new use of vacant land complies in all respects with the Zoning Code and other applicable statutes, the zoning official shall issue an appropriate zoning permit. If the Inspector determines otherwise, the application shall not be issued and the applicant shall be notified of the grounds for such disallowance.

(c) The zoning officials shall so act upon such applications for zoning permits within ten (10) days after the filing thereof. Failure by the Planning and Zoning Division to act within such period of time may, at any time thereafter, be construed by the applicant as constituting disallowance of such application, for purposes of appeal to the Board of Zoning Appeals.

(d) Failure to obtain any permits and certificates required per the provisions of this Zoning Code prior to the performance of any functions and/or compliance of any mandates set forth in this Zoning Code shall constitute a “late fee” equal to not less than three (3) times the cost of the original permit or certificate plus a “fee” equal to the cost of the original permit or certificate.
(Ord. 119-2011. Passed 6-21-11.)

1280.08 ISSUANCE OR DISALLOWANCE OF CERTIFICATES OF OCCUPANCY.

(a) A Certificate of Occupancy for the use of vacant land or for a change in the use of land or a structure thereon shall be filed prior to commencement of the proposed use. The zoning official shall notify the applicant and shall indicate the grounds for a disallowance.

(b) The specifications for a Certificate of Occupancy shall conform to all the requirements pertaining thereto and shall be filed with the Planning and Zoning Division. If the zoning official determines that the proposed use complies in all respects with this Zoning Code and applicable statutes, the zoning official shall issue an appropriate Certificate of Occupancy. If the zoning official determines otherwise, he or she shall disallow such application and so notify the applicant, indicating the grounds for such disallowance.

(c) A Certificate of Occupancy for the use of a building to be erected, relocated or structurally altered shall be filed prior to the commencement of such work. The Certificate of Occupancy, however, shall not be issued until such work is satisfactorily completed. Within ten (10) days after the Inspector has been notified that the erection, relocation or alteration has been completed, and he or she has approved the same as being in full conformity with the application and the requirements of this Zoning Code, he or she shall issue a Certificate of Occupancy. If the zoning official determines that the work is not satisfactorily completed, he or she shall not issue the Certificate of Occupancy and shall indicate the grounds for disallowance.

(d) The failure of the zoning official to act upon any Certificate of Occupancy within the time limited in this Chapter may be construed by the applicant as constituting a disallowance of such application for the purpose of appeal.

(Ord. 119-2011. Passed 6-21-11.)

1280.09 FORM AND CONTENT OF APPLICATIONS.

(a) Applications for zoning permits and Certificate of Occupancy shall be made on forms prepared by the City and shall be supplied to the applicant. The form and content of the zoning permit and Certificate of Occupancy shall identify the subject lot, the name of the holder of the Certificate of Occupancy or permit and the date of issuance and shall certify that the described proposed use complies with all the requirements of this Chapter and other applicable ordinances, statutes and general health requirements. If the proposed use is lawfully nonconforming, the Certificate of Occupancy shall so state.

(b) All applications for Certificate of Occupancy and zoning permits and a copy of all issued Certificate of Occupancy and permits shall be kept on file by the Planning and Zoning Division. A copy of any Certificate of Occupancy or zoning permit shall be furnished upon the request of any person having a financial or proprietary interest in the same.

(c) All Certificates of Occupancy must be accompanied by a certificate signed by a surveyor registered in the State of Ohio stating that a field check of the site grading complies in all respects with the provisions of the Zoning Code and with all applicable subdivision grading plans.
(Ord. 119-2011. Passed 6-21-11.)

1280.10 FEES.

The Planning and Zoning Division shall charge such fees, payable by the applicant at the time of filing of an application or request under this Chapter, as are determined from time to time by City Council.
(Ord. 119-2011. Passed 6-21-11.)

1280.11 USES SUBJECT TO PERFORMANCE REQUIREMENTS.

(a) Authorization by City Council. City Council shall have the power to authorize the issuance of a Certificate of Occupancy for uses that are subject to performance requirements as set forth in this Zoning Code.

(b) Procedure:

(1) The Certificate of Occupancy for a use subject to performance requirements shall be accompanied by a plan of the proposed construction or development, a description of the proposed machinery, processes and products and specifications for the mechanisms and techniques to be used in meeting the performance requirements.

(2) City Council may refer the request to one (1) or more expert consultants qualified to advise as to whether a proposed use would conform to the performance requirements. The costs of such services shall be borne by the applicant and a copy of any reports shall be furnished to the applicant.

(Ord. 119-2011. Passed 6-21-11.)

1280.12 EFFECT OF FAILURE TO APPLY FOR CERTIFICATE UNDER PRIOR ORDINANCE.

Subject to the provisions of Chapter 1265, no person shall be penalized or discriminated against for failure, prior to the adoption of this Zoning Code, to have secured a Certificate of Occupancy pursuant to the requirements of Ordinance 246, adopted August 29, 1939, commonly known as the "Zoning Ordinance of the Village of Perrysburg", and Ordinance 542-60, adopted August 29, 1960, and known and referred to as the "1960 Zoning Ordinance of the Municipality of Perrysburg", and Ordinance 25-65 adopted Nov. 9, 1965, and amendments thereto, nor shall the same constitute a valid ground for the disallowance of any Certificate of Occupancy filed pursuant to the provisions of this Zoning Code.

(Ord. 119-2011. Passed 6-21-11.)

1280.13 ZONING CODE TRANSITION.

(a) Applications Submitted Before the Effective Date of this Zoning Code: Any building, structure, or development for which a complete application was submitted to the City before the effective date of adoption of this Zoning Code and pending approval on, may, at the applicants’ option, be reviewed wholly under the terms of the Zoning Code in effect immediately before the effective date of this Zoning Code. If approved, such projects may be carried out in accordance with the development standards in effect at the time of application. Any re-application for an expired permit must meet the standards in effect at the time of re-application.

(b) Permits Issued Before the Effective Date of this Zoning Code: Any building, structure, or development for which a permit was duly issued before the effective date of adoption of this Zoning Code may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building, structure or development does not fully comply with provisions of this Zoning Code.

(1) If development has not commenced or been completed in accordance with the applicable permit terms, the Planning and Zoning Administrator may upon receipt of a written request and payment of the required fee, grant one (1) six (6) month time extension for good cause shown.

(2) If development has not commenced or been completed within the time allowed under the original permit or any extension granted, the building structure or development must be completed or occupied only in strict compliance with the requirements of this Zoning Code.