The provisions of this Zoning Ordinance shall be administered and enforced by the Zoning Inspector or his deputies, or such other officials as may be designated by Council.

   (A)   There shall be constituted upon the effective date of this section, the office of Zoning Inspector.

   (B)   The Mayor shall appoint the zoning inspector who need not be a resident of the village. The zoning inspector shall serve at the pleasure of the Mayor or Council.

   (C)   The Zoning Inspector shall be compensated as determined by Council.

   (D)   He shall be bonded to an amount as determined by Council.

   (E)   He shall conduct, within 60 days of assumption of office a survey of all housing within the village and make permanent notation of the condition of each dwelling, building or structure as delineated herein.

   (F)   He shall collect and deposit in a separate account in the official depository, a fee determined by Council for each inspection which he shall be required to execute by the provisions of this chapter. He shall render to the legislative body on the first day of each month a full accounting thereof.

(`94 Code, § 1145.01)  (Ord. 26-82, passed 12-28-82; Am. Ord. 4-2021, passed 3-9-21)

   (A)   The Zoning Inspector shall grant zoning certificates and make inspections of premises or buildings necessary in carrying out his duties in compliance with the provisions of this Zoning Ordinance. No Zoning Inspector shall issue any permits or approve any plans until he has inspected such plans in detail and found them to conform with the provisions of this chapter.

   (B)   The Zoning Inspector shall attend all regular and special meetings of the Planning Commission, Zoning Board of Appeals and such other meetings as the Mayor or Council shall direct.

   (C)   The Zoning Inspector shall keep records of all activities of his office and report monthly at the regular meeting of the Planning Commission as to the various classes of permits issued during the month. He shall provide a written report as to all the various classes of permits issued during the preceding year to Council at its first meeting in January.

   (D)   The Zoning Inspector shall also be responsible for submitting to the Planning Commission all applications for conditional zoning certificates. The Zoning Inspector shall not refuse to issue a zoning certificate when the provisions or conditions of this chapter are complied with by the applicant.

   (E)   The Zoning Inspector shall maintain the zoning map of the village and make all changes of use districts thereon immediately after approval thereof by Council.

   (F)   The Zoning Inspector shall inspect sidewalks within the village.

   (G)   The Zoning Inspector shall perform such other duties as the Council, Planning Commission or the Mayor directs with respect to the enforcement of this chapter.

(`94 Code, § 1145.02)  (Ord. 26-82, passed 12-28-82; Am. Ord. 17-99, passed 9-28-99)

   (A)   Before constructing, changing the use of or altering any building, including accessory buildings, or changing the use of any premises, application shall be made to the Zoning Inspector for a zoning certificate. The application shall include the following information:

      (1)   A plot plan drawn to a scale of not less than ten feet to the inch showing the actual shape, location and exact dimensions of the property to be built upon.

      (2)   The shape, size and location of all buildings and other structures to be erected, altered or moved and of any buildings or other structures already on the property.

      (3)   The existing and intended use of the property, including in residential areas, the total number of dwelling units to be accommodated in the building.

      (4)   Any other pertinent data as may be required to determine whether the provisions of this chapter are being observed properly.

   (B)   Within 14 days after the receipt of the application, the Zoning Inspector shall issue a zoning certificate if the application complies with the requirements of this chapter and the application is accompanied by a proper fee as indicated in § 154.183. If such certificate is refused for cause, the applicant shall be notified of such refusal and cause, within the 14-day period.

   (C)   Unless construction is started within one year from the date of issuance, the zoning certificate shall become void, and a new certificate shall be required upon proper application.

(`94 Code, § 1145.03)  (Ord. 26-82, passed 12-28-82; Am. Ord. 17-99, passed 9-28-99)

   (A)   Fees for the inspection and the issuance of zoning certificates or conditional zoning certificates or copies required or issued under the provisions of this Zoning Ordinance shall be collected by the Zoning Inspector in advance of issuance. The amount of such fees shall be as follows:

      (1)   The fee for an initial zoning certificate shall be determined by Council.

      (2)   The fee for a conditional zoning certificate shall be determined by Council.

      (3)   When the Planning Commission finds it necessary to maintain the record of public hearing procedures, or when the Planning Commission will deem it necessary to cause special studies to be made, the applicant shall bear all direct and related costs.

(`94 Code, § 1145.04)  (Ord. 26-82, passed 12-28-82)

   (B)   The fees for zoning inspections and certificates, zoning appeals and other related matters are hereby established as follows:

(`94 Code, § 144.01)  (Ord. 7-83, passed 2-15-83; Am. Ord. 21-97, passed 7-8-97)

   Buildings erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any provision of this chapter are declared to be a nuisance per se. Any building or land use activities considered possible violations of the provisions of this chapter, which are observed by any village official, shall be reported to the Zoning Inspector.

(`94 Code, § 1145.05)  (Ord. 26-82, passed 12-28-82)

   The Zoning Inspector shall inspect each alleged violation, and shall, in writing, order correction of all conditions which are found to be in violation of this chapter.

(`94 Code, § 1145.06)  (Ord. 26-82, passed 12-28-82)

   All violations shall be corrected within a period of 10 days after the written order is issued or for a longer period of time as indicated by the Zoning Inspector in the written order. Any violations not corrected within the specified period of time shall be reported to the Village Solicitor who shall initiate prosecution procedures.

(`94 Code, § 1145.07)  (Ord. 26-82, passed 12-28-82; Am. Ord. 20-2017, passed 9-12-17)

(`94 Code, §1147.04)

(`94 Code, § 1147.05)

         (a)   By reason of exceptional narrowness, shallowness, shape or area of a specific piece of property or by reason of exceptional topographic conditions or other extraordinary physical land conditions applying to the property involved or to the intended use or development of the property that does not generally apply to other properties or uses within the same zoning district or neighborhood, the strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this chapter.

         (b)   Granting of such variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought, and will not materially impair the purpose of this chapter. In granting a variance, the Commission may attach such conditions or safeguards as it may deem necessary to protect the public health, safety or welfare and to further the purposes and intent of this chapter.

         (a)   Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the Comprehensive Plan, as shown on the Zoning Districts Map, accompanying and made a part of this chapter where the street layout on the actual ground differs from the street layout on the Zoning Districts Map.

         (b)   Permit, upon proper application, temporary uses, not otherwise permitted in any district, not to exceed 12 months providing such uses do not require the erection of any capital improvement of a structural nature.

         (c)   Permit modification of fence requirements, providing such modification will not adversely affect or be detrimental to surrounding or adjacent development.

         (d)   Permit modification of the height and area regulations as may be necessary to secure an appropriate improvement of a building or lot which is so located or of such a precarious shape in relation to surrounding development that it cannot be appropriately improved without such modification.

(`94 Code, § 1147.06)

(`94 Code, § 1147.07)

      (1)   All appeals and applications made to the Planning Commission shall be in writing and on forms prescribed therefor. Every appeal or application for a variance or special exception shall refer to the specified provision of the Zoning Ordinance involved and shall exactly set forth the interpretation that is claimed, the use for which the certificate is sought or the details of the appeal that is applied for and the grounds on which it should be granted, as the case may be. Each and every decision made by the Commission shall be by resolution, and shall contain a full record of and findings of the Commission in the particular case. Each such resolution shall be filed in the office of the Village Fiscal Officer by case number under one or another of the following headings:

         (a)   Variances; interpretations; certificates; together with all documents pertaining thereto.

         (b)   Special exceptions; interpretations; certificates; together with all documents pertaining thereto.

      (2)   When a notice of appeal has been filed in proper form with the Commission or Board, the secretary shall immediately place the request for appeal upon the calendar for hearing, and shall cause notices, stating the time, place and purpose of the hearing. The notice shall be served personally or by mail, addressed to the parties making the request for appeal, at least 30 days prior to the date of the scheduled hearing. Notices of the hearing shall be sent to the owners of property within and contiguous to and directly across the street from such parcel or parcels, at least ten days prior to the date of the scheduled hearing. Such hearing shall be advertised by one publication in one or more newspapers of general circulation in the village at least ten days before the date of such hearing. The Commission or Board, at its discretion, may send out further notices to publicize such hearings. The Commission or Board may recess hearings from time to time, and if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.

(`94 Code, § 1147.08)

(`94 Code, § 1147.09)  (Ord. 26-82, passed 12-28-82; Am. Ord. 14-2003, passed 7-8-03; Am. Ord. 4-2007, passed 2-27-07; Am. Ord. 32-2008, passed 9-9-08)

   (A)   Planning Commission.  The Planning Commission is hereby designated as the Commission specified under R.C. § 713.01 and shall perform the duties of such Commission as provided in the statute in connection with the amendment of this chapter.

(`94 Code, § 1149.01)

   (B)   Amendments; application.  Council may, from time to time, amend by ordinance the number, shape or area of zoning districts, established on the Zoning Districts Map or the provisions of this chapter; but no such amendment shall become effective unless the ordinance proposing same shall first be submitted in writing by the Clerk of Council to the Planning Commission for approval, disapproval or recommended modifications, and the Commission shall have been allowed a reasonable time, not less than 30 days, and not more than 60 days, for consideration and report. No amendment which differs from or departs from the plan or report submitted by the Planning Commission shall take effect unless passed and approved by not less than three-quarters vote of the entire membership of Council. No ordinance which is in accordance with the recommendations submitted by the Planning Commission shall be deemed to pass without the concurrence of at least a majority of the members of Council. Council shall hold a public hearing before the adoption of the proposed amendment. At least 30 days' notice of such amendment, and the time and place of the hearing shall be given, and include a statement that opportunity will be afforded to any persons interested to be heard. Any person desiring an amendment of the Zoning Districts Map shall accompany the petition for such amendment with the names and addresses of the owners of all properties within and contiguous to and directly across the street from the area proposed to be rezoned or redistricted. All applications for a zoning amendment shall indicate the following:

      (1)   Evidence that the existing Zoning Ordinance is unreasonable with regard to the particular property in question, and deprives the property owner of the lawful and reasonable use of his land. For the purposes of this chapter, a limitation upon financial or economic gain from the land in question shall not constitute unreasonable zoning, or just cause for granting an exception to the provisions of this chapter.

      (2)   Evidence that the proposed amendment would materialize in equal or better zoning than that existing.

      (3)   Any applicant who seeks to amend the Zoning Districts Map or any provisions of this chapter, shall file with his application, a fee of $180 to defray the expenses of processing such application, which fee shall not be refundable. Whenever an amendment is made to the text of the Zoning Ordinance, the appropriate definitions pertinent to such amendment shall be included in § 154.005.

(`94 Code, § 1149.02)  (Ord. 26-82, passed 12-28-82; Am. Ord. 22-97, passed 7-8-97)

   (A)   Purpose.  Provision is made in this chapter for a more detailed consideration of each of certain specific uses or activities as it may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with any other factors. Land and structural uses possessing these particularly unique characteristics are designated as conditionally permitted uses and are permitted through the issuance of a conditional zoning certificate with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.

(`94 Code, § 1151.01)

   (B)   Procedure.  Any application for a conditional zoning certificate for any land use or structure permitted under this chapter shall be submitted in accordance with the following procedures:

      (1)   Application to Planning Commission. An application for a conditional zoning certificate shall be submitted to the Planning Commission on a special form provided for that purpose. The Commission, where appropriate, may refer an application to qualified consultants for a report, if it deems the proposed use may cause undue traffic generation, population concentrations or extra size sewer and/or water utility systems. The cost of such report shall be at the expense of the applicant, and such report shall be furnished to the Commission within 30 days from the date upon which it was requested.

      (2)   Data Required with Application.

         (a)   Form supplied by the Zoning Inspector and completed by the applicant.

         (b)   Site plan, plot plan or development plan of the entire property being considered, drawn at a scale of one inch equals 200 feet and showing the location of all abutting streets, the location of all existing and proposed structures, the types of buildings and their intended use.

         (c)   Review of Planning Commission. The Planning Commission shall review the proposed development, as presented, on the submitted plans and specifications in terms of the conditions established in division (C) below of this section. In cases where the Commission requests a report from a consultant, the applicant shall submit the report along with a receipt for the cost of such report. Such review shall be completed and made public within 60 days of the regular monthly meeting of the Commission following the date the application was submitted.

         (d)   Public hearing. After adequate review and study of any application, the Commission shall hold a public hearing upon every application after at least one publication in a newspaper of general circulation in the village prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing.

         (e)   Issuance and revocation of conditional zoning certificates. Only upon conclusion of hearing procedures, relative to a particular application, may the Commission issue a conditional zoning certificate. The breach of any safeguard, condition or requirement shall constitute a violation of this chapter. Such violation shall be declared as a nuisance per se as per §§ 154.184 through 154.186 and § 154.999.

         (f)   Continuation of existing uses declared to be conditionally permissible. Any use existing at the time of enactment of this chapter and conditionally permissible within their respective districts under this chapter shall be issued a conditional zoning certificate by the Zoning Inspector within one year after the enactment of this chapter.

(`94 Code, § 1151.02)

   (C)   Basis of determination.

      (1)   The Planning Commission shall establish beyond reasonable doubt that the specific standards listed below and pertinent to each conditionally permitted use shall be satisfied by the completion and operation of the proposed development. The Commission may also impose such additional conditions, standards or safeguards deemed necessary for the general welfare, for the protection of individual property rights and for insuring that the intent and objectives of this chapter will be observed.

      (2)   Regulations pertaining to conditionally permitted uses as listed in § 154.020 et seq.

         (a)   All structures and activity areas shall be located at least 100 feet from all property lines.

         (b)   All points of ingress and egress should be located no closer than 200 feet from the intersection of two major thoroughfares and no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.

         (c)   Points of ingress and egress shall be available only from abutting major thoroughfares or collector streets and shall not be available from any local residential street.

         (d)   Such structures should be located next to parks and other nonresidential uses such as schools and shopping facilities where use can be made of joint parking facilities.

         (e)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community as a whole. The area of use shall be completely enclosed by a six foot high fence (measured from the average grade of the ground) and appropriately landscaped to be harmonious with surrounding properties.

         (f)   Such uses shall be secondary in importance to the use of the dwelling unit for dwelling purposes and shall meet the following conditions:

            1.   Such uses shall be conducted by the occupant with no additional employees.

            2.   Such occupations shall be carried on entirely within the dwelling unit and not in an accessory building; however, the garage may be used providing the occupation does not preclude the storage of the number of vehicles for which the garage was designed.

            3.   The home occupation shall not occupy more than 30% of the gross first floor living area of any one dwelling unit.

            4.   No activity, materials, goods or equipment indicative of the proposed use shall be visible from any public thoroughfare of adjacent property.

            5.   For purposes of advertising, there shall be no more than one sign or identification plate to exceed two square feet in area.

         (g)   No lighting shall constitute a nuisance and shall in no way impair the safe movement of traffic on any street or thoroughfare. No lighting shall shine directly onto adjacent properties.

         (h)   Such structures should be located on collector streets.

         (i)   Site locations should be preferred that offer natural or manmade barriers that would lessen the effects of intrusion into a residential, business or industrial area.

         (j)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community as a whole.

         (k)   Loudspeakers which cause a hazard or annoyance shall not be permitted.

         (l)   Such uses should not require the uneconomical extension of utility systems at the expense of the community.

         (m)   There shall be no more than one sign oriented to each abutting road identifying the activity. All signs shall be located no less than 25 feet from the street right-of-way line and shall not exceed a total sign area of ten square feet.

         (n)   Strip or open pit mining operations shall be required to meet the following conditions:

            1.   A completely enclosed fence six feet in height shall be provided around the entire periphery of the development.

            2.   All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural. Areas shall be completely and continually drained of water when not in use or not supervised by a watchman. All slopes and banks shall be reasonably graded and treated to prevent erosion or any other potential deterioration. No rehabilitated slope shall exceed an angle with the horizontal of 30 degrees.

            3.   Established routes for truck movements into and out of the development shall be indicated in such a way that they will minimize the wear on public streets and damage to any adjoining property.

            4.   Topsoil may be stripped from the roadway and construction and excavation areas, piled separately but not removed from the site or used as spoil. As many trees as can be reasonably utilized in the final development plan should be retained, and the grading should be adjusted to the grade at the existing least of the trees.

         (o)   A minimum of 150 square feet of outdoor play area for each child shall be provided and maintained on the lot. Such play space shall have a total minimum area of not less than 5,000 square feet and shall be screened from any adjoining lot in any residential district.

         (p)   Institutions for medical care shall meet the following conditions:

            1.   Such structures shall not exceed a height of four stories.

            2.   All such hospitals shall be developed only on sites consisting of five total acres in area.

            3.   The proposed site shall have at least one property line abutting a major thoroughfare and all ingress and egress for the site shall be directly from such major thoroughfare.

            4.   The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least 100 feet for front, side and rear yards for all two-story structures. For every story above two, the minimum yard distance shall be increased by not less than ten feet.

            5.   Ambulance and delivery areas shall be obscured from view by a continuous and obscuring wall or fence six feet in height.

         (q)   Gasoline service stations shall meet the following conditions:

            1.   Curb cuts for ingress and egress to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrance shall be no less 75 feet from a street intersection (measured from the street right-of-way) or from adjacent residential districts.

            2.   The minimum lot area shall be 20,000 square feet, and so arranged that ample space is available for motor vehicles which are required to wait.

            3.   Understorage gasoline tanks shall be located not less than 50 feet from any R or MF District and along the side lot line adjacent to the residential district only.

         (r)   Retail sales of garden equipment and plant material shall meet the following conditions:

            1.   Such uses shall be located at the exterior end of the building masses located in B-1 Business District.

            2.   Equipment, including the sale of outdoor lawn furniture, playground equipment and garden supplies shall provide a four-foot high obscuring fence wherever the proposed use abuts onto a residential district and on the side abutting the residential district only.

         (s)   Motels shall meet the following conditions:

            1.   Ingress and egress shall be provided so as not to conflict with the adjacent business uses or adversely effect the movement of traffic along a major thoroughfare.

            2.   Each sleeping unit within the structure shall contain not less than 200 square feet of floor area.

            3.   No guest shall establish permanent residence at a motel for more than 30 days within any calendar year.

         (t)   The entire activity shall be conducted within a totally enclosed main building. Further, all abutting or adjacent properties shall be zoned for B-1, B-2, I-1 or 1-2 purposes.

         (u)   Such uses shall be permitted if in the opinion of the Planning Commission they are intended to serve the convenience needs of persons working in the 1-1 Industrial District.

         (n)   Outdoor sales space for new and secondhand automobiles, house trailers, etc.:

            1.   The lot or area shall be provided with a permanent durable and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area.

            2.   Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.

            3.   No major repair or major refinishing shall be done on the lot.

(`94 Code, § 1151.03)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   (A)   The owner or owners of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist, any tenant or occupant of such building or premises, and any architect, builder or contractor who assists in the commission of any such violation, and any person who violates any of the provisions of this chapter or fails to comply therewith, where no other penalty is provided, shall for each violation of noncompliance, be fined not less than $25 nor more than $300. Each day such violation or failure to comply exists shall constitute a separate offense.

(`94 Code, § 1145.99)  (Ord. 26-82, passed 12-28-82)

   (B)   Whoever violates any provision of § 154.023 is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(`94 Code, § 1161.99)  (Ord. 26-82, passed 12-28-82)

   (C)   Whoever violates any provision of §§ 154.120 through 154.138 for which no other penalty is provided shall be fined not less than $5 nor more than $100. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The owner of any building or premise or part thereof, where any thing in violation of those sections is placed or exists and any architect, builder, contractor, agent or person employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense.

(`94 Code, § 1179.99)  (Ord. 4-93, passed 2-9-92)

   (D)   Whoever violates the provisions of either § 154.151(A) or (B) shall be guilty of a misdemeanor of the first degree.

(Ord. 16-95, passed 6-13-95)