(a)   The formulation, administration and enforcement of this Code is hereby vested in the following offices of the Municipality:

      (1)   The Council;

      (2)   The Development Services Director;

      (3)   The Planning and Zoning Commission; and

      (4)   The Board of Zoning Appeals.

   (b)   All departments, officials and public employees of the Municipality vested with the duty or authority to issue permits, certificates or licenses shall conform to the provisions of this Code and shall issue no permit, certificate or license for any use, building, structure or purpose if the same is in conflict with the provisions of this Code. Any permit, certificate or license issued in conflict with the provisions of this Code shall be deemed null and void.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Authority. The City Manager shall appoint an administrative officer named the Development Services Director, as prescribed in Section 232.01 of these Codified Ordinances, and this officer and/or the person or persons designated by this section shall administer and enforce this Code.

   (b)   Duties. It shall be the duty of the Development Services Director to:

      (1)   Enforce the provisions of this Code;

      (2)   Interpret the Zoning Code text and the Official Zoning District Map(s);

      (3)   Issue zoning certificates in accordance with this Code and maintain a complete record of all zoning certificates issued;

      (4)   Act upon all applications within ten days of their date of filing. A zoning certificate or written notification and explanation of refusal shall be issued to the applicant within such ten days. Failure to notify the applicant of such refusal within this period shall entitle the applicant to submit a request to the Board of Zoning Appeals for the action which was applied for but not acted on in a timely manner;

      (5)   Advise the Planning and Zoning Commission, the Board of Zoning Appeals and Council of all matters pertaining to issues that they need to act on, and provide all documents, maps and other related information that the Development Services Director deems necessary or that the Commission, Council or the Board requests;

      (6)   Determine whether various uses of land within the area of the Municipality are in compliance with this Code. Where violations exist, the Development Services Director shall notify in writing the person or persons responsible, specify the exact nature of the violation and maintain a complete record of such notices;

      (7)   Maintain and keep the permanent records required by this Code, including, but not limited to, the Official Zoning District Map(s), zoning certificates, inspection reports and records of all official zoning actions of Council, the Planning and Zoning Commission and the Board of Zoning Appeals. Such records shall be made available for use by the Board, Council, the Commission and the public;

      (8)   Prepare and make available necessary forms for all applications, using this Code for guidance regarding the content for such forms; and

      (9)   Determine the validity of licenses which may be required under this Code.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Establishment. There is hereby established a Planning and Zoning Commission. The Planning and Zoning Commission shall consist of seven members.

   (b)   Membership. The membership of the Planning and Zoning Commission shall consist of the Mayor or his or her designee, one Council member serving on the Service Committee, and five residents of the Municipality who shall be appointed by Council.

   (c)   Terms.

      (1)   The terms of office of the members of the Planning and Zoning Commission appointed by Council shall be for six years each.

      (2)   The terms of office for all nonelected persons serving on the Planning and Zoning Commission shall terminate on February 28.

   (d)   As Platting Commission. In accordance with Ohio R.C. 713.03, the Planning and Zoning Commission shall also be the Platting Commission and shall have all the powers and duties provided by law.

      (1)   Prepare Zoning Code amendments recommended for the Municipality;

      (2)   Review and make recommendations on the proposed Official Zoning District Map(s) and all proposed zoning changes and then forward the zoning or rezoning, along with the Commission's recommendations, to Council;

      (3)   Review development plans within the planned districts;

      (4)   Review unlisted uses to determine their classification as permitted, conditional, accessory or prohibited; and

      (5)   Review and authorize the issuance of conditional use permits to petitioners who specifically meet the requirements for such a permit listed in this Zoning Code.

      (6)   Review and approve requests for certificates of appropriateness for all nonresidential sites, buildings, or other structures within the City.

      (7)   The Commission shall review all comprehensive sign plans that do not meet the City Code and may grant the Planning Director or his/her designee the authority to administratively approve all comprehensive sign plans that do meet the City Code.

      (8)   Perform all other duties as may be provided by the City Charter, City Code, and City Council.

   (g)   Operating Procedure for Meetings.

      (1)   Applicants or their representatives must be present at a regularly scheduled hearing. Should this not occur, the Commission may table or dismiss the action requested. Where a dismissal would result in a hardship to others in attendance, the Commission may, by majority vote of the members present, consider the matter in question.

      (2)   The Commission will reconsider only substantially revised plans, matters referred by Council or matters supported by a majority of members present.

      (3)   The Commission has eight members, seven of whom may vote. The City Manager is a nonvoting member. Four voting members constitute a quorum. A majority vote of four must occur for approval. Less than a majority vote will defeat the matter. (See subsection (b) hereof). The Commission shall elect its own Chairperson and Vice-Chairperson from among its voting members in January of even-numbered years or as the position becomes vacant.

      (4)   When a hearing has concluded, the Chairperson shall move for passage: no second shall be required. The matter may be approved (yes), disapproved (no), tabled indefinitely or continued to the next meeting. Only roll call votes will be taken; "yes," "no" or "abstain" being the only acceptable responses.

      (5)   Each item of the agenda shall be taken in the order listed on the official printed agenda and shall be voted upon before moving to the next item, except when circumstances warrant, and specifically when a large number of persons are present to hear or participate in a particular case. In such instance, the Chair may take the item or items in question out of published order so as to conduct expediently and fairly the public's business.

      (6)   All speakers, excluding staff and Commission members, shall identify themselves to the Clerk by name and address and shall be sworn in prior to speaking for the record.

      (7)   Every meeting of the Commission shall be open to the public.

      (8)   The staff shall present a written report detailing the facts of the case and state the particular action or actions requested.

      (9)   The application or the applicant's representative may present evidence, oral testimony, affidavits, depositions, maps, drawings, photographs, narrative material and any other material relevant to the purpose of a hearing, all of which shall become part of the final record. The applicant may present witnesses and may cross-examine those opposed to applicant’s position. Commission members may ask questions at any time.

      (10)   Opponents or their representatives may make a similar presentation, following the applicant's presentation.

      (11)   Interested parties may be permitted to speak following the opponents if their statements are relevant to the outcome of the case or if the proposed action on the case may affect their property rights.

      (12)   The applicant shall be given an opportunity to rebut or clarify items raised by opponents or interested parties.

      (13)   The staff shall be asked for its opinion and comments and may ask questions of any party, as appropriate.

      (14)   Should testimony from any person or faction become repetitive, the Chairperson may rule that person out of order.

      (15)   A hearing shall be informal to the maximum possible extent. Strict rules of evidence shall not apply, and procedures may vary somewhat to ensure a fair hearing so long as all those who desire to speak or present evidence are sworn in under oath. The purpose of a hearing is to bring out sufficient evidence and information to permit the Commission to arrive at a just result. When rules of procedure become an issue, the official copy of Robert's Rules of Order shall govern.

(Ord. 2014-27. Passed 8-5-14; Ord. 2022-16. Passed 9-6-22.)

   (a)   Authority. The Board of Zoning Appeals shall be constituted and shall carry out its duties and responsibilities as prescribed by Section 6.03 of the Municipal Charter and this Zoning Code.

   (b)   Duties. It shall be the duty of the Board to:

      (1)   Administrative appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Development Services Director in the administration and enforcement of the provisions of this Code;

      (2)   Variances. Authorize, upon appeal, by reasons of exceptional narrowness, shallowness, shape, topographic conditions or other extraordinary situation or condition of a lot, a variance from strict application of the provisions of this Code for both zoning lots and sign regulations to relieve exceptional difficulties or undue hardship, provided such relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this Code.

      (3)   Interpretation of zoning text and Map(s). Decide, upon appeal from a decision by the Development Services Director, any question involving the interpretation of the zoning text or Map(s);

      (4)   Decisions. Reverse or affirm, in conformity with this section, wholly or partly, or modify, the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and have all powers of the officer from whom the appeal is taken.

   (c)   Notice of Actions. Prior to the Board of Zoning Appeals taking any action pursuant to subsection (b) hereof, a notice setting forth the time and the place of an action of the Board and the nature of the requested action shall be given for one publication in one or more newspapers of general circulation in the County where the property is located at least ten days before the date of the Board's action. A fee shall be charged to the applicant for the advertisement. In addition, written notice of the action shall be mailed by the Municipal Clerk by first class mail, at least ten days before the date of the action, to all owners of property within, contiguous to and directly across the street from such area affected by the proposed action. Such notice is to be mailed to the address of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list. A fee shall be charged to the applicant for such mailing.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Authority. Council's authority regarding zoning is set by Article II of the Municipal Charter.

   (b)   Duties. It shall be the duty of Council to:

      (1)   Appoint five of eight members to the Planning and Zoning Commission. Of the remaining three, the Mayor will appoint one Council member, one shall be the Mayor, and the City Manager is a nonvoting member;

      (2)   Appoint a five-member Board of Zoning Appeals to hear administrative appeals, requests for variances and conditional uses, and interpretation issues;

      (3)   Act upon suggested amendments to the Zoning Code text or the Official Zoning District Map(s) following receipt of recommendations of the Commission;

      (4)   Act upon suggested development plans for the planned districts following receipt of recommendations of the Commission; and

      (5)   Upon passage of this Code, devise procedures and standards for implementation of the Official Zoning Map(s) required by this Code and per Section 1274.02(c).

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Certificate Required. No person shall locate, erect, construct, reconstruct, enlarge or structurally alter any building, structure or signage within the Municipality without first obtaining a zoning certificate. No zoning certificate shall be issued unless the plans for the proposed building, structure or signage fully comply with all of the provisions of this Code.

   (b)   Application. A zoning application or form shall be submitted and approved by the Development Services Director or designee.

      (1)   Submission requirements and fees shall be per the zoning certificate application form;

      (2)   A certificate of approval by the public health officer stating the proposed method of water supply and/or disposal of sanitary wastes, in cases where the lot is not provided with, and is not required by Section 1296.11 to be provided with, public water supply and/or public sewers for the disposal of sanitary wastes;

      (3)   Other plans, descriptions, drawings, surveys, legal descriptions and documents as may be required.

   (c)   Change of Use. No change of use shall be made in any building or part now or hereafter located, constructed, reconstructed, enlarged or structurally altered without a zoning certificate issued by the Development Services Director. No zoning certificate shall be issued to make a change in use unless the changes are made in conformity with the provisions of this Zoning Code or unless a variance or conditional use certificate has been granted by the Board of Zoning Appeals.

   (d)   Nonconforming Uses. Nothing in this Code shall prevent the continuance of a nonconforming use as heretofore authorized unless a discontinuance is necessary for the safety of life or property.

   (e)   Records. A record of all zoning certificates shall be kept on file in the office of the Development Services Director and copies shall be furnished on request, upon payment of a fee, to any person.

   (f)   Time Limit. If a zoning certificate is issued for the purpose of constructing a new building or structure and such construction is not begun within a six month period, or such construction does not appear to have been substantially completed within a twelve-month period, then such zoning certificate may be declared null and void by the Development Services Director.

(Ord. 2014-27. Passed 8-5-14.)

   It is the intention of Council that Zoning Map amendments be processed in the shortest time period consistent with thoughtful and appropriate land use decision making. The Development Services Director shall recommend hearing dates consistent with this policy.

   (a)   Initiation; Conditions for Acceptance. Amendments or supplements to this Zoning Code may be initiated by motion of the Planning and Zoning Commission, by the passage of a motion or resolution by Council or by the filing with the Planning and Zoning Commission of an application by one or more of the owners, lessees or agents of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Planning and Zoning Commission. Council shall approve an application for a text amendment, whether to the zoning text or to the Official Zoning District Map(s), only if the request for a change of zoning is for one or more of the following reasons:

      (1)   There is manifest error in the original Zoning Code text and/or designations on the Official Zoning District Map(s).

      (2)   The change will be in accordance with, or in more appropriate conformity to, any existing land use plans for the area under consideration.

      (3)   There has been substantial change in area conditions.

      (4)   The change represents a legitimate requirement for additional or reduced land area for the particular zoning district.

   (b)   Map Changes. A Zoning Map change instituted by the Planning and Zoning Commission or Council shall have those elements of the required application which the Commission or Council deems necessary. There shall be no fee for such action.

   (c)   Applications. All applications filed by the owner(s) or lessee(s) of the property within the area proposed to be changed or affected by the proposed amendment or supplement, or by their agents, shall include the following:

      (1)   A description or statement of the present and proposed provisions of this Code or the proposed change of the district boundaries of the Zoning District Map(s);

      (2)   A description by map of the property to be affected by the proposed change or amendment, and a description in text of the property by legal metes and bounds (required before the first Council reading) unless waived by the Development Services Director;

      (3)   A statement of the relation of the proposed change or amendment to the general health, safety and welfare of the public in terms of the need or appropriateness of the change within the subject area by reason of changed or changing conditions and the relation to appropriate plans for the area;

      (4)   A list of the owners of property within, contiguous to and directly across the street from the area proposed to be rezoned and of all property owners within 200 feet of any portion of such property, which list shall be in accordance with the Fairfield County Auditor's current tax list;

      (5)   Twenty sets of the application; and

      (6)   The appropriate fee stated in the current fee schedule ordinance.

   (d)   Planning and Zoning Commission Action.

      (1)   Public hearing. Upon the certification of a motion or resolution by Council, the adoption of a motion by the Commission or the filing of a completed application for a proposed change or amendment of the text of this Code and/or the Zoning District Map(s), the Commission or the Development Services Director shall set a date for a public hearing not more than twenty-eight days from the date of the resolution, motion or application.

      (2)   Notice of hearing. A notice setting forth the time and the place of a hearing and the nature of the proposed change or amendment shall be given for one publication in one or more newspapers of general circulation in the county where the property is located at least ten days before the date of a public hearing. A fee shall be charged to the applicant for the advertisement.

      (3)   Written notice. If the proposed change or amendment intends to affect (rezone or redistrict) ten or fewer parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be mailed by the Commission, by first class mail, at least ten days before the date of the public hearing, to all owners of property within, contiguous to and directly across the street from the area affected by the proposed change or amendment. Such notice is to be mailed to the addresses of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list. The Development Services Director may assess a fee from the applicant for such a mailing.

      (4)   Notice to Commission. One copy of the proposed change or amendment, together with the text and map pertaining thereto, shall be forwarded to the Commission not later than five days before the public hearing.

      (5)   Notice of request to table or withdraw. Notice of a request to table or withdraw a public hearing shall be furnished to the Development Services Director not less than seven working days prior to the scheduled public hearing, in order to allow sufficient time for notification to contiguous property owners of the request.

      (6)   Staff review. The Development Services Director, together with the Engineer, the County Board of Health and other appropriate agencies or bodies, shall present to the Commission a written report and map(s), where appropriate, including all apparent facts, implications and conclusions concerning the proposed change or amendment.

      (7)   Consideration and recommendations. The Commission shall consider the proposed change or amendment at the scheduled public hearing and at such other meetings deemed necessary and shall make formal recommendations concerning the approval, denial or modification thereof to be considered by Council.

      (8)   Referral to Service Committee of Council. Immediately, or within ten days after the public hearing, the Commission shall submit to the Service Committee a recommendation of approval, denial or modification of the proposed change or amendment, including a statement of reasons for such recommendation, and the text and map pertaining thereto. The Service Committee shall review the findings of the Commission and concur or make separate recommendations to Council.

      (9)   City Council hearing date. The City Manager or designee shall set the City Council public hearing date for a zoning amendment. The City Council public hearing may be the first scheduled meeting date after Planning and Zoning Commission public hearing and Service Committee meeting. The meeting date shall not be less than twenty-eight days prior to a scheduled City Council meeting (this time period correlated with the submission deadlines for zoning changes).

   (e)   Council Action.

      (1)   Public hearing required. City Council shall hold a public hearing to discuss and act on the proposed change or amendment of the zoning text or Map following action by the Planning and Zoning Commission and Service Committee.

      (2)   Hearing date. The earliest City Council can hold a public hearing concerning a zoning change is the next scheduled public hearing after the Planning and Zoning Commission public hearing and Service Committee meeting. This public hearing can only occur if the public hearing was set not less than twenty-eight days prior to a scheduled City Council meeting.

      (3)   Public notice of hearing. Public notice of the time and place of such hearing shall be published. A summary of the proposed change or amendment in either the zoning text or Map(s) shall be published in a newspaper of general circulation in Fairfield County one time. Notwithstanding any other provision of this Code, the date of publication shall be at least ten days before the date for such hearings. Fees shall be charged to the applicant according to the current fee schedule.

      (4)   Notice to adjacent property owners. In addition, if the proposed amendment or change intends to rezone or redistrict ten or fewer parcels of land as shown and listed upon the tax duplicates, a written notice of such a hearing shall be mailed to the owners of property within, contiguous to and directly across the street from the parcel or parcels intended to be rezoned or redistricted. This notice shall also be mailed to the owners of such parcel and to the addresses of such owners then appearing on the Fairfield County Auditor's or Fairfield County Treasurer's current tax list. The failure to deliver such a notice shall not invalidate any subsequent ordinance, measure or regulation enacted as a result thereof. Fees shall be charged to the applicant according to the current fee schedule. All files pertaining to the proposed action shall be available for public inspection in the Development Services Director's office. Copies may be obtained upon payment of a fee.

      (5)   Public site and time. The public hearing shall be held at such a place within the Municipality.

      (6)   Council may set a common hour for all hearings when more than one hearing is scheduled on the same date, and in this event applications shall be heard in their numerical sequence as set forth in the notice of hearing.

      (7)   At the next regularly scheduled meeting, or within thirty days after the third required reading on the proposed change, Council shall either adopt, deny or remand for reconsideration the recommendation of the Commission.

   (f)   Date of Effect. Any ordinance amending this Code or the Zoning Map(s), or redistricting or rezoning any portion of land within the Municipality, shall become effective as stipulated by Section 2.05 of the Municipal Charter.

   (g)   Withdrawn or Denied Applications. Applications which have been denied on a particular piece of property will not be considered by Council again for a period of one year from the date of the original application. For applications which have been withdrawn, the period for reconsideration on an application not substantially altered is six months.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Any rezoning application or other matter which must be acted upon by the Planning and Zoning Commission may be tabled by the Commission upon the request of the applicant. The applicant shall pay a one-time fee of one hundred dollars ($100.00) per application for such tabling request. Such tabling may be done by the Development Services Director or by the Chairperson if it is submitted in writing prior to the Planning and Zoning Commission's scheduled meeting. If tabling is requested at the Planning and Zoning Commission meeting, the Commission shall consider the impact on those citizens present in ruling on the request to table.

   (b)   Rezoning applications shall be submitted to the Planning and Zoning Commission prior to being considered by the Service Committee.

   (c)   An applicant may not request that a rezoning application be tabled at any Service Committee meeting and such an application shall not be tabled more than once before the Planning and Zoning Commission. (The concern that an application denied by the Planning and Zoning Commission may be later withdrawn, causing unfairness to citizens, is discussed above. Subsection (d), hereof sets up a situation where withdrawal must occur prior to a Planning and Zoning Commission vote on an application. If withdrawal occurs after the Planning and Zoning Commission vote, the resubmittal time limits become effective.)

   (d)   A rezoning application before the Planning and Zoning Commission may only be withdrawn by the applicant prior to the Planning and Zoning Commission's vote on the application.

   (e)   Resubmittals shall be as follows:

      (1)   A withdrawn rezoning application may not be resubmitted and/or revised to the Planning and Zoning Commission for a period of at least six months. A rezoning application which has been previously withdrawn and previously resubmitted and/or revised shall not be resubmitted for at least a twelve-month period.

      (2)   Any rezoning application before any board, committee, commission or Council for action on or relating to a standard zoning district may not be resubmitted for a period of twelve months from the effective date of the denial.

      (3)   Any rezoning application before any board, committee, commission or Council for action on or relating to a planned zoning district may not be resubmitted for a period of twelve months from the effective date of the denial.

   (f)   As used in this section, "denial" means:

      (1)   An application is denied by the Service Committee of Council and the applicant opts not to request Council action.

      (2)   An application fails to achieve Council approval.

      (3)   An application approved by Council is vetoed by the Mayor and the veto is sustained.

   (g)   Where other section(s) or table(s) in this Part Twelve - the Planning and Zoning Code are at variance or inconsistent with the provisions of this section, the provisions of this section shall control.

 

 

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Use Variances Generally. On a particular property, extraordinary circumstances may exist that make strict enforcement of the applicable requirements of this Code unreasonable. Therefore, a procedure for variance from these requirements is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both foreseen and unforeseen, under circumstances which do not ordinarily involve a change of the primary use of the land or structure permitted. Variances shall be heard by the Board of Zoning Appeals, except in matters of primary and secondary arterials as stated in Section 1232.05 and in matters of Council variances as stated in subsection (c) hereof. In order for the Board of Zoning Appeals to grant a variance, all of the following conditions must exist:

      (1)   The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not result from the actions of the applicant and do not apply generally to other land or buildings in the vicinity.

      (2)   Granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other lands or structures in the same zoning district.

      (3)   Granting the variance will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed development by material detrimental to the public welfare or injurious to private property or public improvements in the vicinity.

   (b)   Area Variances.

      (1)   The following factors shall be considered and weighed in the review and the public hearing of an application for variance.

         A.   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without a variance;

         B.   Whether the variance is substantial;

         C.   Whether the character of the area would be adversely affected or whether adjoining properties would suffer an adverse impact as a result of the variance;

         D.   Whether the variance would adversely affect the delivery of governmental services (e.g., utilities and refuse collection);

         E.   Whether the property owner purchased the property with knowledge of the zoning restriction;

         F.   Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and

         G.   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

      (2)   No single factor shall be considered a determinative factor, and the factors shall be weighed and balanced in determining whether a variance is warranted. The applicant shall bear the burden of proof that the criteria for a variance have been met and that application of the zoning requirement to the applicant's property would be inequitable.

   (c)   Appeal of Administrative Decisions.

      (1)   Certificate appeal. Any application for a certificate of zoning clearance which has been denied, and any interpretation by the Development Services Director with respect to an order issued pursuant to this Code, shall be subject to appeal to the Board of Zoning Appeals. The Board may uphold, modify or deny the action of the Development Services Director which is taken on appeal. Appeals are intended to address Code interpretation and are not intended to be used in lieu of variances.

      (2)   Administrative appeal. Appeals to the Board may be taken by any person aggrieved or by any officer of the Municipality affected by any decision of the Development Services Director.

      (3)   Notice of appeal. Appeals shall be taken within ten days after the decision by filing a notice of appeal, specifying the grounds, with the officer from whom the appeal is taken and with the Board. The officer from whom the appeal is taken shall transmit to the Board all the papers constituting the record upon which the action was taken.

   (d)   Variances by Ordinance of Council. When a variance from the provisions of this Code is not permitted by the rules herein, Council may consider a variance from such provisions and may, by passage of an ordinance, vary such provisions as Council may deem appropriate in a particular situation. Fees shall be charged to the applicant according to the current fee schedule.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Time Limit. Two copies of a provided application, accompanied by a copy of the denied certificate of zoning and/or a statement of the reason for the denial or order, shall be filed with the Development Services Director not more than ten days from the date such denial or order is issued.

   (b)   Variances and Appeals.

      (1)   A written statement of the nature of the variance or appeal, including the specific provisions of this Code upon which the variance or appeal is requested, shall accompany the application.

      (2)   The Development Services Director may require formal site plans, building and sign elevation drawings and material descriptions in accordance with the requirements of this Code and/or aesthetic rules and regulations adopted hereunder.

      (3)   The Development Services Director may require a plan review by the Engineer or a designated traffic engineer at the applicant's expense. Such additional plans as may be required shall be furnished.

      (4)   Such other information regarding the application for appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals shall be furnished.

   (c)   Variances Only. The following shall accompany applications for variances only:

      (1)   A legal description of the property;

      (2)   A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the zoning district;

      (3)   A statement showing that the special conditions and circumstances do not result from the actions of the applicant;

      (4)   A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights; and

      (5)   Ten copies of a lot plan, drawn to an appropriate scale, showing the following:

         A.   The boundaries and dimensions of the lot;

         B.   The nature of the special conditions or circumstances giving rise to the application for approval;

         C.   The size and location of existing and proposed structures;

         D.   The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces, and landscaping;

         E.   The relationship of the requested variance to the lot size, bulk and parking requirements; and

         F.   The use of land and the location of structures on adjacent property.

   (d)   Conditional Use Permits. Two copies of the completed conditional use application shall be filed with the Development Services Director. The application shall include the following, as may be required by the Development Services Director:

      (1)   A legal description of the property;

      (2)   The proposed use of the property;

      (3)   A statement of the necessity or desirability of the proposed use to the neighborhood or community;

      (4)   A statement of the relationship of the proposed use to adjacent property and land use;

      (5)   Ten copies of a lot plan, drawn to an appropriate scale, clearly showing the following:

         A.   The boundaries and dimensions of the lot;

         B.   The size and location of existing proposed structures;

         C.   The proposed use of all parts of the lot and structures, including access walks, off-street parking and loading spaces, and landscaping;

         D.   The relationship of the proposed development to the surrounding properties; and

      (6)   Such other information regarding the property, proposed use or surrounding areas pertinent to the application as required for appropriate action by the Board of Zoning Appeals.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   A conditional use permit will be issued for all uses identified as conditional uses in this Code when they comply with the regulations of the district in which they are located and also with the provisions of Chapter 1286, as determined by the Planning and Zoning Commission and also with the criteria listed below:

      (1)   Whether the proposed conditional use is a listed conditional use in the appropriate chapter of this Zoning Ordinance for the zoning district in which the property is located.

      (2)   Whether the development standards of the zoning district in which the property is located are being complied with.

      (3)   Whether the proposed use will create an undue burden on public facilities and services such a streets, utilities, schools and refuse disposal.

      (4)   Whether the proposed use will be detrimental to existing and future neighboring uses, and will involve a use, structure or condition of operation that constitutes a nuisance or hazard to any persons or property.

   (b)   All uses not specifically noted as permitted or conditional uses in this Code shall be referred by the Development Services Director to the Planning and Zoning Commission to determine if they are permitted, conditional, or prohibited uses. The Commission shall be guided by a very conservative approach in approving or conditionally approving unmentioned uses. With regards to unmentioned uses, a potential applicant is encouraged to seek legislation wherein a previously unmentioned use becomes a use identified as a conditional use in this Code prior to filing his application. Unmentioned uses may be allowed in districts when they are necessary to protect the health, safety, and welfare of the Municipality as determined by the Planning and Zoning Commission per the application of the standards noted in Chapter 1286.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Planning and Zoning Commission Review. A courtesy copy of the application shall be forwarded to the Planning and Zoning Commission not less than ten days prior to the date of the public hearing concerning the application. The Commission may, by motion of its Chairperson or any two members, hold a meeting to review the application. The Commission may make a recommendation to the Board of Zoning Appeals at this meeting. If no meeting is called, the Development Services Director, on behalf of the Commission, shall submit a written report to the Board, on or before the date of the public hearing, with his or her recommended approval, modification or disapproval of the variance and the reasons thereof. A copy of this report shall be furnished to the Commission and to Council. Fees shall be charged to the applicant according to the current fee schedule.

   (b)   Board of Zoning Appeals Action. The Board shall hold a public hearing and either approve or deny the application for a variance or appeal based on the criteria stated in this Code. The Board shall submit a written record of the reasons for its action to the applicant upon request.

   (c)   Administrative Response to Board Action.

      (1)   Zoning certificate. The Development Services Director shall issue a zoning certificate to applicants who have approval from the Board for their application within one year of the date of the final approval of the Board. Written documentation of permits not approved within thirty days shall be furnished to Council.

      (2)   Building permit. A building permit may be obtained for the development in accordance with the approved plot plan, for those buildings for which the Municipality grants permits.

(Ord. 2014-27. Passed 8-5-14.)

   Upon appeal from a decision by the Development Services Director, the Board of Zoning Appeals shall have the power to decide any question involving the interpretation of the zoning text or Map(s) as set forth in this Code.

   (a)   Decision of Board. In exercising the aforesaid powers, the Board may, in conformity with this Code, reverse or affirm, wholly or partly, or modify, the order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.

   (b)   Public Information. All communications to members of the Board, written or oral, shall be reduced to writing pertaining to any matter before the Board and shall be made a part of the record. The record of the Board's proceedings in any matter shall be kept on file in the office of the Development Services Director and shall be available for inspection by the public.

   (c)   Record. For any hearing at which the applicant desires a record to be made, the applicant shall provide a court reporter to make a record at the applicant's expense. In all hearings where no request has been made for a record, the minutes shall serve as the sole transcript of the hearing.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   All uses intended to be located in the Municipality for a period of not more than two months shall require a temporary zoning certificate. Such uses include, but are not limited to, circuses, Christmas tree sales, tent sales, etc.

   (b)   Activity conducted pursuant to a temporary zoning certificate shall be conducted and all merchandise displayed in an orderly and safe manner, free from injurious or offensive effects to the occupants of adjacent premises and to the public in general, and shall be effectively screened from adjoining residential property when required by the Development Services Director.

   (c)   Each application for a temporary zoning certificate shall be on a form provided by the Development Services Director for that purpose.

   (d)   The Development Services Director shall either approve or disapprove such application within seven days of receipt and shall notify the applicant of the decision. If the application is disapproved, the Development Services Director shall explain in writing the reasons for disapproval. Fees shall be charged to the applicant according to the current fee schedule.

(Ord. 2014-27. Passed 8-5-14.)

   All regulations relative to signs are in this chapter and in Chapter 1292.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   No person shall fail to apply for a permit or clearance required under this Code to erect, construct, alter, repair or maintain any building or structure, or use any land in violation of this Code, or fail to pay for an approved permit or certificate issued under this Code.

   (b)   In the event of any such violation, or imminent threat thereof, the Municipality, or the owner of any contiguous or neighboring property who would be especially damaged by such a violation, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Council shall, from time to time, upon recommendation of the Development Services Director, prepare an ordinance setting fees for all actions covered by this Code. Council will enact fees by a separate ordinance.

   (b)   This fee schedule shall permit the Development Services Director to waive required fees upon written notification to the Finance Director and agreement of the Chairperson of the Service Committee of Council or the Mayor.

(Ord. 2014-27. Passed 8-5-14.)

   This Code shall be enforced by the Development Services Director.

(Ord. 2014-27. Passed 8-5-14.)

   The owner of premises subject to the provisions of this Code shall be responsible for compliance, with the standards set forth herein. That owner shall remain responsible regardless of the fact that certain responsibilities may also be placed on operators or agents and regardless of any agreement between the owner and anyone else as to who shall assume such responsibilities. The owner shall remain responsible for the elimination of any violation found on the premises, regardless of any agreement between the owner and others.

(Ord. 2014-27. Passed 8-5-14.)

   Upon presentation of proper credentials, the Development Services Director or his or her duly authorized representative may enter, at reasonable times, any building, structure or premises to perform any duty imposed on him or her by this Zoning Code. No person shall in any way obstruct, hinder, delay or otherwise interfere with the Development Services Director or his or her duly authorized representative in such an entrance.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Whenever any work is being done contrary to the provisions of these Codified Ordinances, the Development Services Director may order the work stopped by posting at the work site a printed notice to "Stop Work," signed by the Development Services Director, or by serving a notice in writing to any persons engaged in doing or causing such work to be done. Any such persons shall forthwith stop such work until authorized by the Development Services Director to proceed with the work.

   (b)   Any persons affected by an order of the Development Services Director to stop work may appeal to the Board of Zoning Appeals.

(Ord. 2014-27. Passed 8-5-14.)

   If any structure is, or is proposed to be, located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or if any land is or is proposed to be used, in violation of this Code or any amendment or supplement thereto, Council, the Law Director, the Development Services Director or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions or proceedings by notice in writing to be delivered upon such premises to the owner of the premises, and by any other required notice, to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

(Ord. 2014-27. Passed 8-5-14.)

   No person shall erect, construct, enlarge, alter, repair, move, demolish, convert, equip, use, occupy or maintain any building or structure or any portion of any building or structure in the Municipality contrary to or in violation of any provision of this Code or any regulation adopted pursuant to this Code or cause, permit or suffer the same to be done.

(Ord. 2014-27. Passed 8-5-14.)

   Any zoning certificate issued upon a false statement shall be void, and such false statement shall be deemed a violation of this Code. Zoning certificates issued on the basis of plans and applications approved by the Development Services Director authorize only the use and arrangement set forth in such approved plans and applications, and construction at variance with such authorized use shall be deemed to be a violation of this Code. Whenever the fact of such unauthorized variance in plans or false statement is established to the satisfaction of the Development Services Director, the zoning certificate shall be revoked by notice in writing to be delivered to the holder of the void certificate upon the premises concerned. Any person who proceeds thereafter with such work or use without having obtained a new zoning certificate, in accordance with this Code, shall be deemed guilty of a separate violation thereof. Violations shall be punishable as provided in this Code.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   The cultivation, processing, or retail dispensing of medical marijuana shall be a prohibited use in all zoning districts within the City of Pickerington.

   (b)   Use of property in violation of this section shall constitute a nuisance.

   (c)   In addition to other penalties provided by law, the Director of Law shall be authorized to institute civil proceedings in a court of competent jurisdiction to enjoin violations of this section; for monetary damages arising from violations of this section; and to take all actions necessary to secure enforcement of any injunction and collect upon any damage award, judgment, or fine in contempt levied in relation to a violation of this section.

(Ord. 2018-08. Passed 6-19-18.)

   (a)   Criminal Penalties.

      (1)   Whoever violates or fails to comply with any of the provisions of this Code or any valid order issued pursuant thereto, for which no penalty is otherwise provided, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty days, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

      (2)   Regardless of the penalty otherwise provided in this section, an organization convicted of a violation of or noncompliance with this Code, or any rule or regulation adopted by the Development Services Director or the Planning and Zoning Commission pursuant to authority provided by this Code, shall be guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (b)   Civil Penalty. The violation of, or failure to comply with, any of the provisions of this Code is hereby declared to be unlawful and, in addition to any other remedy, is subject to the following civil penalty:

      (1)   Any person who violates or fails to comply with any of the provisions of this Code or a valid order issued pursuant thereto, or who fails to bring property into compliance with this Code following the issuance of an order by the Development Services Director, shall be subject to a civil penalty as provided in the fee schedule.

      (2)   Such penalty shall be calculated for each violation from the date when compliance should have been effected, as set forth in the notice of violation, and will run until the violation has been removed.

      (3)   On the date established for compliance, the Development Services Director shall reinspect the property to determine whether each violation contained in the notice of violation has been removed. If the Development Services Director is unable to reinspect the property on the compliance date set forth in such notice, then the person served with the notice may serve upon the Development Services Director an affidavit setting forth the facts showing compliance with the notice and such affidavit shall serve as notice of compliance unless, upon inspection by the Development Services Director, it is found that any or all of the violations set forth in the notice of violation remain uncorrected. If the violation or violations are found to be uncorrected, the affidavit shall be of no effect and the penalty provided herein shall be assessed from the date when compliance should have been effected.

(Ord. 2014-27. Passed 8-5-14.)