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Portsmouth City Zoning Code

CHAPTER 1141

Administration and Procedures

1141.00 COMPREHENSIVE DECISIONS TABLE.

   Decisions on zoning permit application completion, compliance with regulations, de minimis variances, variances, conditional use approval, zoning map and text amendments, and violations are carried out by the responsible parties as set forth in the Comprehensive Decisions Table below.
Comprehensive Decisions Table
Application Type
Building Officer
Board of Zoning Appeals
Planning and Zoning Commission
City Council
County Court of Common Pleas
Building Permit Application Completion
Submit to:
X
Decision by:
A
Appeals to:
QJ
Compliance with Regulations Determinations; Minor Developments
Submit to:
X
Decision by:
A
Appeals to:
QJ
De Minimis Variances
Submit to:
X
Decision by:
A
Appeal to:
QJ
Variances
Submit to:
X
Decision by:
QJ
Appeal to:
J
Conditional Use Approval
Submit to:
X
Decision by:
QJ
Appeal to:
J
Zoning Map and Text Amendments
Submit to:
X
Decision by:
QL
L
Appeal to:
Enforcement of Violation      
Submit to:
X
Decision by:
A
Appeal to:
QJ
Table 1101.6: Zoning Code Decisions Chart. This chart assigns roles to the Building Officer, Board of Zoning Appeals, Planning and Zoning Commission, City Council, and the County Court of Common Pleas.
Key: X = Responsible for Application Intake;
A = Administrative Decision;
QJ = Quasi-Judicial Decision;
J = Judicial Decision;
QL = Quasi-Legislative Decision;
L = Legislative Decision
(Ord. 2022-110. Passed 12-12-22.)

1141.01 INTRODUCTION TO ADMINISTRATION AND PROCEDURES.

   This chapter sets forth the roles of the Building Officer, the Board of Zoning Appeals, the Commission, and Council in administering the regulations of this Zoning Code and outlines procedures for applying for permits, amending the Zoning Code, and appealing decisions.
(Ord. 2022-110. Passed 12-12-22.)

1141.02 BUILDING PERMIT REQUIRED.

   (a)   Before commencing or proceeding with the erection, construction, enlargement, alteration, repair, or removal of any structure, or any part thereof, or the commencement or change of use or intended use of any lot or structure, a building permit for such structure or use shall first be obtained by the owner, or their agent, or the occupant thereof, from the Building Officer, and it shall be unlawful to commence or proceed with any such work or use unless such building permit has been first obtained.
   (b)   The City Manager may also require that no building permits or authorizations shall be issued by the Building Officer unless countersigned by another person authorized by the City Manager to do so, stating that the same is being issued in accordance with the provisions of this Zoning Code. (Ord. 2022-110. Passed 12-12-22.)

1141.03 OBTAINING BUILDING PERMIT APPLICATION FORMS.

   Electronic or hard copies of the building permit application forms may be obtained from the Building Officer.
(Ord. 2022-110. Passed 12-12-22.)

1141.04 SUBMITTING BUILDING PERMIT APPLICATIONS.

   (a)   Applications for building permits shall be filed with the Building Officer.
   (b)   Building Permit Application Fee. At the time of submission, the applicant must pay a building permit application fee. The fee is determined by the fee schedule established by Council, which shall be furnished by the Building Officer by request.
   (c)   Components of Building Permit Application. All building permit applications must include a plot plan, drawn to an easily readable scale no smaller than 1 inch:20 ft., showing and labeling by name and dimensions:
      (1)   The exact location of the lot and/or structure, including street name and street address;
      (2)   Architectural elevations and cross sections as relevant to the proposed project;
      (3)   All uses and intended uses of the structure(s) or lot and approximate portions of the structure(s) or lot that are intended to be occupied by each use;
      (4)   Locations of structures on adjoining parcels;
      (5)   All existing and proposed property lines;
      (6)   All existing and proposed easements;
      (7)   All vehicular use areas, including parking stalls, driveways, service areas, loading areas, and approxi- mate square footage of such areas;
      (8)   Water outlets and other drainage ways;
      (9)   Landscape material, including botanical name and common name, installation size, on center planting, dimensions where applicable, and quantities for all plants used; and
      (10)   A title block with pertinent names and addresses of the property owner(s), contractor, person drawing the plan, applicant, scale, date, north arrow, coordinates, nearest cross-streets, and zoning district.
         (Ord. 2022-110. Passed 12-12-22.)

1141.05 BUILDING PERMIT APPROVALS.

   (a)   Compliance with Regulations Determinations.
      (1)   The Building Officer shall examine applications for building permits.
      (2)   Within fourteen (14) calendar days of receipt of the building permit application, the Building Officer shall send an email notification or post-mark a letter to the applicant, notifying the applicant that:
         A.   The building permit application is incomplete and requires additional application materials;
         B.   The building permit application is complete but is denied and indicating the rationale for such determination and optionally recommending that the applicant seeks a variance or other remedy;
         C.   The building permit application is complete, and the proposed project complies with the regulations of the Zoning Code, and a building permit is granted;
         D.   The building permit application is complete, and the proposed project nearly complies with regulations of the Zoning Code and, with a de minimis variance, fully complies with the regulations of the Zoning Code, and a building permit is granted;
         E.   The building permit application is complete, and the proposed project requires a variance or conditional use approval and may be forwarded to the Board of Zoning Appeals for review; or
         F.   The building permit application is complete, but the project requires a zoning text or map amendment and may be forwarded to the Commission for review.
      (3)   If a building permit application is denied due to being incomplete or noncompliant with a regulation of the Zoning Code, the applicant may re-submit the building permit application with modifications to the Building Officer. If the applicant re-submits the building permit application within fourteen (14) calendar days of receipt of notification of denial, no application submission fee payment will be required in excess of the initial application submission fee, except if the type of application is modified. If the applicant does not resubmit a complete application within fourteen (14) calendar days of notification by the Building Officer, the building permit application will not be processed, and the permit application fee will be surrendered to the City.
         (Ord. 2022-110. Passed 12-12-22.)

1141.06 ISSUANCE OF A BUILDING PERMIT.

   Upon approval of the application herein provided for and upon the payment of the required fees to the City Auditor, a zoning permit shall be issued to such person or persons to erect such building or structure or to commence a proposed land use on a lot, and the required fees for issuing each and every permit as aforesaid shall be as specified in Chapter 1305 of the Building Code, or as hereafter amended or hereafter required for obtaining a zoning permit.
(Ord. 2020-110. Passed 12-12-22.)

1141.07 OCCUPANCY PERMIT REQUIRED.

   After any structure has been constructed in accordance with the building permit and the provisions of this Zoning Code, it shall be the duty of the Building Officer to make authorization for occupancy of same, certifying that the structure has been constructed in accordance with the building permit and Zoning Code and authorizing the installation of utilities and municipal services and the occupancy of such structure.
(Ord. 2022-110. Passed 12-12-22.)

1141.08 DE MINIMIS VARIANCES.

   (a)   During the building permit application review process, the Building Officer may approve de minimis variances. A de minimis variance is a deviation of ten percent (10%) or less of a numerical standard. For example, if a district requires a minimum front setback of thirty (30) feet, a de minimis variance may be approved to reduce the required setback by ten percent (10%), or, in this case, three (3) feet, to a minimum of twenty-seven (27) feet.
   (b)   In order to approve a de minimis variance, the Building Officer must determine that the strict application of the Zoning Code would create practical difficulties for the property owner in using the property for its intended purpose(s).
   (c)   A de minimis variance is valid until the lot or portion of the structure subject to the de minimis variance undergoes a structural alteration.
(Ord. 2022-110. Passed 12-12-22.)

1141.09 VARIANCES.

   (a)   A building permit application initial submission or re-submission may indicate that a variance is sought for a particular dimensional or non-dimensional regulation of the Zoning Code.
   (b)   A building permit application seeking a variance should include the following elements:
      (1)   The nature of the variance, including the specific provisions of the Zoning Code upon which the variance is requested;
      (2)   A legal description of the property;
      (3)   A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the district;
      (4)   A statement showing that the special conditions and circumstances do not result from the actions of the applicant;
      (5)   A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights;
      (6)   Such other information regarding the application for variance as may be pertinent or required for appropriate action by the Board of Zoning Appeals;
      (7)   A list containing the names and mailing addresses of all owners of property within 250 feet of the parcel at issue; and
      (8)   A fee, as indicated by a fee schedule approved by Council, that covers the cost of mailing notices and other expenses involved in a hearing before the Board of Zoning Appeals.
   (c)   If such application for variance is made, the Building Officer, during review of the building permit application, shall review all other elements of the zoning permit application. If all other elements of the building permit application are found to be compliant with the regulations of the Zoning Code, the Building Officer shall, within fourteen (14) calendar days of receipt of the building permit application initial submission or re-submission, forward the application to the Board of Zoning Appeals with certification of compliance, pending the approval of a variance.
   (d)   The Board of Zoning Appeals, upon receipt of the application, shall begin the review and hearing procedures as outlined later in this chapter.
   (e)   A variance, if approved, is valid until the structure that is the subject of the variance is structurally modified or a use is changed, except when the Board of Zoning Appeals prescribes other expiration conditions during its approval of the variance.
(Ord. 2022-110. Passed 12-12-22.)

1141.10 CONDITIONAL USE APPROVALS.

   (a)   If a building permit application proposes the conduct of a use that is listed as a conditionally permitted use in the district in which it is located, it shall include the following elements in addition to the standard requirements of a building permit application:
      (1)   A statement of the necessity or desirability of the proposed use to the neighborhood or community; and
      (2)   A statement of the relationship of the proposed use to adjacent property and land use.
      (3)   A list containing the names and mailing addresses of all owners of property within 250 feet of the parcel at issue.
   (b)   The Building Officer shall review all other elements of the building permit application. If all other elements of the building permit application are found to be compliant with the regulations of the Zoning Code, the Building Officer shall, within fourteen (14) calendar days of receipt of the building permit application, forward the application to the Board of Zoning Appeals with certification of compliance, pending the approval of the conditional use.
   (c)   The Board of Zoning Appeals, upon receipt of the application, shall begin the review and hearing procedures as outlined later in this chapter.
(Ord. 2022-110. Passed 12-12-22.)

1141.11 REVIEW AND HEARING PROCEDURES FOR APPEALS, VARIANCES, AND CONDITIONAL USE APPROVALS.

   (a)   Collection of Fees. A fee in such amount as may be established by the Council acting by ordinance or resolution shall be paid to the Building Officer for each application for appeal, variance, or conditional use to cover the necessary administrative and advertising costs.
   (b)   Schedule Public Hearing. Upon receipt from the Building Officer of an application that requires review and hearing by the Board of Zoning Appeals or the Planning and Zoning Commission, the Board or Commission shall schedule a public hearing. Such public hearing shall be no more than forty-five (45) calendar days from the date of such receipt.
   (c)   Public Notice of Public Hearing in Newspaper: The Board or Commission shall provide public notice of the public hearing. The notice shall be published at least fifteen (15) calendar days before the public hearing in one or more newspapers of general circulation in the City and set forth the time, place, and general nature of the meeting agenda.
   (d)   Public Notice of Public Hearing via Post: Public notice shall be provided by the Building Officer via First Class Mail at least fifteen (15) calendar days before the public hearing to all property owners of lots within 250 feet of the lot lines of the parcel(s) of concern. Addresses for the property owners shall be acquired by the County Auditor. Failure of delivery of notice does not invalidate said notice. The mailed notices shall include the time, place, and general nature of the public hearing.
   (e)   Public Hearing.
      (1)   The secretary shall and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Fiscal Officer, and be a public record.
      (2)   During the public hearing, each present member of the public may speak at least once per issue to express support or dissent and rationale for such support or dissent.
      (3)   With permission of the chairperson, a member of the public may speak more than once per issue.
      (4)   The Board or Commission may pose questions to the applicant, to the Building Officer, or to legal counsel during the public hearing.
   (f)   Decision Criteria.
      (1)   Variances. Variances are intended to allow the flexibility necessary to adapt to changed or unusual conditions, both foreseen and unforeseen, under circumstances which to not ordinarily involve a change of the principal use of the land or structure permitted. Variances shall not be granted on the grounds of convenience or reduced or greater profit, and evidence of variances granted under similar conditions elsewhere is irrelevant.
         A.   Non-numerical variances. In order to grant a variance for a non-numerical standard, the Board must find that the strict application of the Zoning Code would cause the property owner to suffer the loss of all economically viable use of their property. The Board of Zoning Appeals may request that an applicant present a recent and credible appraisal and financial statements to aid in any such determination.
         B.   Numerical variances. In order to grant a variance for a numerical standard, the Board must find that the strict application of the Zoning Code would create practical difficulties for the property owner. Applications for zoning permits that include numerical variance requests shall include evidence that sufficient practical difficulties exist to warrant a variance. The Board, in determining whether the strict application of the Zoning Code would create practical difficulties for the property owner, shall consider:
            1.   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
            2.   Whether the variance is substantial;
            3.   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
            4.   Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
            5.   Whether the property owner purchased the property with knowledge of the zoning restriction;
            6.   Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and
            7.   Whether the spirit and intent behind the zoning requirement would be observed, and whether substantial justice would be done by granting the variance.
      (2)   Conditional Uses.
         A.   In order to grant a conditional use approval, the Board of Zoning Appeals shall consider whether the proposed use:
            1.   Contributes to the essential character of the neighborhood;
            2.   Would likely cause detrimental impact to adjoining properties;
            3.   Aligns with the intent of the adopted comprehensive plan and other long-range planning publications; and
            4.   May adversely affect the delivery of governmental services (e.g., water, sewer, garbage).
         B.   In order to grant a conditional use approval, the Board of Zoning Appeals must find that:
            1.   The proposed use is a conditional use of the district, and the applicable development standards established in the Zoning Code are met;
            2.   The proposed development is in accord with appropriate plans for the area; and
            3.   The proposed development will be in keeping with the existing land use character and physical development potential of the area.
   (g)   Making a Decision. The members of the Board or Commission shall publicly vote for approval, approval with conditions, or disapproval of the application.
      (1)   If the Board or Commission votes to approve the application with conditions, the conditions must be intended to be in accord with appropriate plans for the area, and to prevent undesirable effects on adjacent property and the surrounding area. Such conditions may be a limitation on the extent or intensity of development, a requirement for additional screening by fence or landscaping, a change in the method or plan for lighting, control of access or other conditions of development as may be advantageous to the public. Recommendations regarding the modification of plans or other appropriate actions shall be stated with the reasons for each recommendation.
      (2)   Disapproval of an application must include the reasons for such decision.
      (3)   For voting to occur, quorum must be reached in the Board of Zoning Appeals or the Commission. If a member abstains from voting on an issue due to conflict of interest or any other reason, that member shall not contribute to the quorum.
      (4)   If conditions are to be applied to an application approval, the members may, prior to a vote, determine which conditions are to be applied for the intent of clarifying the decision.
      (5)   A vote for approval, approval with conditions, or disapproval may take place only when a quorum is reached. If a quorum is not reached, the chairperson shall bench the issue and revisit the issue during the next meeting.
      (6)   The chairperson shall call a vote and the secretary shall keep minutes showing the vote of each member upon each issue or, if absent or failing to vote, indicating such fact.
      (7)   A decision for approval, approval with conditions, or disapproval shall be established with the vote of a majority of present members. A tie vote shall be interpreted as disapproval.
   (h)   Delivery of Decision. Within fourteen (14) calendar days after the public hearing, the Board of Zoning Appeals or the Commission shall transmit its decision to the Building Officer for recording, except that, in the case of zoning text or map amendments, the Commission shall transmit its decision directly to Council. If the conditional use approval or variance is granted, the Building Officer shall issue the building permit, with the appropriate conditional use approval or variance, to the applicant within fourteen (14) calendar days of receipt of decision from the Board of Zoning Appeals or the Commission. Such building permit shall be properly recorded with the County Auditor. (Ord. 2022-110. Passed 12-12-22.)

1141.12 PROCEDURE FOR ZONING TEXT AND MAP AMENDMENTS.

   Council may change or amend the text of the Zoning Code, or the Zoning Map.
   (a)   Initiation of Amendment Procedure.
      (1)   Amendment Brought by Council or the Planning and Zoning Commission. Proposed changes or amendments may be initiated by Council by resolution or by motion of the Planning and Zoning Commission.
      (2)   Amendment Brought by Owner or Lessee of Land. Proposed changes or amendments may be initiated by one or more owners or lessees of land within the area that is proposed to be changed by amendment of the Zoning District Map or by one or more owners or lessees of land to be affected by amendment of other provisions of the Zoning Code.
The application for any proposed change or amendment brought by an owner or lessee of land shall contain:
         A.   A description or statement of the present and proposed provisions of the Zoning Code or the proposed change of the district boundaries of the Zoning District Map;
         B.   A description, by map and text, of the property or properties to be affected by the proposed change or amendment;
         C.   A statement of the relation of the proposed change or amendment to the general health, safety, and welfare of the public in terms of need or appropriateness within the area by reason of changed or changing conditions and the relation to appropriate plans for the area; and
         D.   A statement of the relation of the proposed change or amendment to the comprehensive plan.
When making application for an amendment, the investigation and compliance fees, in such amount as may be established by Council from time to time, shall be paid to the City for each application.
   (b)   Scheduling a Public Hearing at Commission. Upon adoption of a motion by the Planning and Zoning Commission to recommend amendment of the Zoning Code to Council, or upon receipt of notice of a resolution adopted by Council recommending amendment of the Zoning Code, or upon transmittal of a completed application for amendment by the Building Officer, the Planning and Zoning Commission shall schedule a public hearing thereon. Said hearing shall be no more than thirty (30) calendar days from the date of such motion, notice of a resolution, or transmittal of such application.
   (c)   Notice to the Public via Newspaper for Commission Hearing. Notice of the public hearing shall be in one or more newspapers of general circulation in the City. Said notice shall be published at least fifteen (15) calendar days before the date of the public hearing. The published notice shall set forth the time and place of the public hearing and the general nature of the proposed amendments.
   (d)   Notice to Property Owners via Post for Commission Hearing. If the proposed amendment intends to rezone or redistrict ten (10) or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Building Officer, by First Class Mail, at least twenty (20) calendar days before the day of the public hearing, to all owners of property within 250 feet of the boundary lines of the area to be rezoned or redistricted to the addresses of such owners as appearing on the County Auditor's tax list. Failure of delivery of the notifications shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in the newspaper(s).
   (e)   Public Hearing at Commission.
      (1)   The secretary shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Fiscal Officer, and be a public record.
      (2)   During the public hearing, each present member of the public may speak at least once per issue to express support or dissent and rationale for such support or dissent.
      (3)   With permission of the chairperson, a member of the public may speak more than once per issue.
      (4)   The Commission may pose questions to the applicant, to the Building Officer, or to legal counsel during the public hearing.
   (f)   Decision Criteria by Commission. In evaluating whether a zoning text or map amendment is warranted, the Commission shall consider whether the change will:
      (1)   Better facilitate the implementation of the comprehensive plan's objectives;
      (2)   Improve the public health, safety, general welfare, and environmental quality; and
      (3)   Lead to a more efficient use of government services (e.g., water, sewer, police) or improve financial sustainability.
   (g)   Making a Commission Decision. The members of the Commission shall publicly vote to recommend or not recommend the amendment to Council.
      (1)   The decision to recommend or not recommend an amendment to Council must include reasons for such decision.
      (2)    For voting to occur, quorum must be reached in the Commission. If a member removes themselves from voting on an issue due to conflict of interest or any other reason, that member shall not contribute to the quorum.
      (3)   A vote may take place only when a quorum is reached. If a quorum is not reached, the chairperson shall bench the issue and revisit the issue during the next meeting.
      (4)   The chairperson shall call a vote, and the secretary shall keep minutes showing the vote of each member upon each issue or, if absent or failing to vote, indicating such fact.
      (5)   A decision to recommend or not recommend the amendment shall be established with the vote of a majority of present members. A tie vote shall be interpreted as not recommending the amendment.
   (h)   Delivery of Commission Decision to Council.
      (1)   Within forty-five (45) days of the public hearing on the issue, the Planning and Zoning Commission shall transmit its recommendation to the Council. The Planning and Zoning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied.
   (i)   Scheduling a Public Hearing at Council. Upon receipt of the recommendation from the Planning and Zoning Commission, Council shall schedule a public hearing therein. Said hearing shall be no more than sixty (60) calendar days from the receipt of the recommendation from the Planning and Zoning Commission.
   (j)   Notice to the Public via Newspaper for Council Hearing. Notice of the public hearing shall be given by at least one publication in one or more newspapers of general circulation in the City. Said notice shall be published at least thirty (30) calendar days before the date of the required Council hearing. The published notice shall set forth the time and place of the public hearing and the general nature of the proposed amendments. During such thirty (30) days, the text or copy of the text of such ordinance, measure, or regulation, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure or regulation, and the maps, plans, and reports submitted by the Planning and Zoning Commission, Board of Zoning Appeals, or Building Officer shall be on file, for public examination, in the office of the Fiscal Officer or in such other office as is designated by Council.
   (k)   Notice to the Public via Newspaper for Council Hearing. If the proposed amendment intends to rezone or redistrict ten (10) or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Fiscal Officer, by First Class Mail, at least twenty (20) calendar days before the day of the public hearing to all owners of property within 250 feet of the boundary of the area to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor's tax list. Failure of delivery of the notifications shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in the newspaper(s).
   (l)   Making a Decision. No ordinance, measure, or regulation which violates, differs from, or departs from the plan or report submitted by the Planning and Zoning Commission shall take effect unless passed or approved by not less than three-fourths (3/4) of the members of Council.
   No ordinance, measure, or regulation which is in accordance with the recommendations, plans, or report submitted by the Planning and Zoning Commission shall be deemed to pass or take effect without the concurrence of at least the majority of the members of Council.
(Ord. 2022-110. Passed 12-12-22.)

1141.13 EFFECTS OF ANNEXATION.

   (a)   When a lot is annexed by the City, its zoning classification shall be determined during a public hearing by the Commission within forty-five (45) days of the annexation.
   (b)   Within seven (7) calendar days after the determination by the Commission, the official zoning map and its online version shall be updated to indicate such determination.
   (c)   If a building permit application is received for a property within the annexed area before such zoning classification is determined by the Commission, the Building Officer shall evaluate the proposed development and determine its conformity with the character, scale, and use of the existing development in the neighborhood. If the proposed development is determined to be in conformity with the character, scale and use of the existing development in the neighborhood and all other requirements of the Zoning Code are met, a building permit shall be issued by the Building Officer. If the proposed development is not in conformity with the character, scale, and use, of the existing development in the neighborhood, a building permit shall not be issued. If the Building Officer is not able to definitively determine the character, scale, and use of the existing development in the neighborhood, they shall apply the standards of the Hillside Neighborhood District. (Ord. 2022-110. Passed 12-12-22.)

1141.14 APPEALING A DECISION.

   (a)   Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or by any officer of the City affected by any decision of the Building Officer. Appeals from decisions made by the Board of Zoning Appeals may be taken to the County Court of Common Pleas. No appeals from zoning text or map amendment decisions may be made.
   (b)   Appeals to the Board of Zoning Appeals shall be taken within twenty (20) calendar days after the decision by filing an appeal with the Building Officer and specifying the grounds for the appeal. The Building Officer shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action was taken.
   (c)   In exercising appeal powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end has all powers of the Building Officer from whom the appeal is taken.
(Ord. 2022-110. Passed 12-12-22.)

1141.15 BOARD OF ZONING APPEALS ORGANIZATION.

   The following regulations apply only if a Board of Zoning Appeals is established and maintained by the City. If a Board of Zoning Appeals is not established or maintained by the City, its typical roles and duties shall be administered by the Commission.
   (a)   The Board of Zoning Appeals shall consist of five (5) members, to be appointed by Council.
   (b)   One (1) member shall be the President of Council. This member shall be a voting member of the Board of Zoning Appeals.
   (c)   The other four (4) members shall be citizens of the City, not in the service of the City, and shall serve without compensation. These members' terms shall be four (4) years and shall be so arranged that the term of one (1) member will expire each year. Each member shall serve until their successor is appointed and qualified.
   (d)   Members of the Board of Zoning Appeals shall be removable for nonperformance of duty, misconduct in office, or other cause by Council upon written charges having been filed with Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally, or by registered mail, or by leaving the same at their usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
   (e)   Vacancies shall be filled by Council and shall be for the unexpired term.
   (f)   Organization and Meetings.
      (1)   All meetings of the Board of Zoning Appeals shall be open to the public.
      (2)   Hearings of the Board shall be preceded by a notice published not less than six days in advance of such hearing, as provided in Section 123.03 of the Administrative Code.
      (3)   Quorum shall be three (3) members voting on an issue. If a member removes themselves from voting on an issue due to conflict of interest or any other reason, that member shall not contribute to the quorum.
      (4)   A vote for approval, approval with conditions, or disapproval may succeed only when a quorum is reached and only with such vote of a majority of present members. A tie vote shall be considered disapproval.
      (5)   Meetings of the Board shall be held at the call of the chairperson, and at such other times as the Board determines.
      (6)   The chairperson, or in their absence the acting chairperson, may administer oaths, and the Board of Zoning Appeals may compel the attendance of witnesses.
      (7)   The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Fiscal Officer, and be a public record.
         (Ord. 2022-110. Passed 12-12-22.)

1141.16 PLANNING AND ZONING COMMISSION ORGANIZATION.

   Pursuant to Ohio Revised Code Section 713.01, et seq., and the City of Portsmouth Charter Sections 114-124, a Planning and Zoning Commission is hereby created and established.
   The powers and duties of the Commission shall be those granted or imposed by Ohio Revised Code 713.01 to 713.27, 735.17 to 735.26, 735.15, and all other sections of the Ohio Revised Code, those provided by this Zoning Code, such as are otherwise provided by ordinances passed by Council relating to the Planning and Zoning Commission, and the following:
   (a)   Review of preliminary and final plats and recommendation of action of Council;
   (b)   Approval of variances to the Subdivision Regulations;
   (c)   Initiate and review amendments to the Zoning Map and to the Zoning Code and recommendation of action to Council;
   (d)   Initiate rezoning applications;
   (e)   Initiate the inclusion of annexed territory in one or more of the zoning districts defined in the Zoning Code as amended;
   (f)   Review and approve final development plans, and review and approve amended and revised development plans;
   (g)   Review and approve site development plans;
   (h)   Initiate planning activities within the City including comprehensive planning, land use planning, park and recreation planning, and all other types of planning activities as may be appropriate; and
   (i)   Hear and determine appeals provided by the Subdivision Regulations and Zoning Code. (Ord. 2022-110. Passed 12-12-22.)

1141.17 RESUBMISSION.

   If a building permit application or zoning text or map amendment proposal is denied by the Building Officer, the Board of Zoning Appeals, or the Planning Commission, a building permit application or zoning text or map amendment proposal of exact likeness may not be resubmitted within a period of one (1) year from the date of disapproval.
(Ord. 2022-110. Passed 12-12-22.)
   

1141.18 EXPIRATION OF BUILDING PERMIT.

   When a building permit has been issued, the operation called for by it shall be for a term of one (1) year from its date, and at the expiration of such period, a new building permit shall be obtained in the same manner as provided for the original building permit, before such work can proceed further. (Ord. 2022-110. Passed 12-12-22.)

1141.19 EXPIRATION OF CONDITIONAL USE APPROVAL

   A conditional use approval expires after one (1) year if the subject of the conditional use approval, such as the use of a lot as a school or the erection of the structure needed to conduct such use, has not been initiated.
(Ord. 2022-110. Passed 12-12-22.)

1141.20 EXPIRATION OF VARIANCE APPROVAL.

   A variance approval expires after one (1) year if the subject of the variance, such as the erection of a structure within the minimum required front setback, has not been initiated.
   A variance is valid until the lot, structure, or use that is the subject of the variance undergoes significant modification that alters the element that was the subject to the variance, except when the Board of Zoning Appeals establishes other expiration conditions during its approval of the variance. (Ord. 2022-110. Passed 12-12-22.)

1141.21 VIOLATIONS.

   (a)   Any resident or employee of the City may report violations of this Chapter to the Building Officer for appropriate actions.
   (b)   When any premises is in violation of this Chapter, the Building Officer or their designee shall issue a notice of violation to the owner, lessee, agent or tenant of the owner having charge of the premises, by certified mail, return receipt requested, or by personal service by a City employee designated by the Building Officer to perform such service. This notice of violation shall specify the violation committed and contain an order to conform to this Zoning Code within a certain number of days, not to exceed 180 days. In the event that weather or other unforeseen circumstances prevents correcting or abating the violation, the Building Officer may extend the time set forth herein.
   (c)   Each day any such violation continues after receipt of a violation notice and after the term allotted for remediation of the violation on the citation has expired shall constitute a distinct and separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains, such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 2022-110. Passed 12-12-22.)

1141.22 ENFORCEMENT.

   It shall be the duty of the person designated or appointed as the Building Officer to enforce this Zoning Code by the granting or refusal of building permits and occupancy authorizations and in accordance with the provisions of this Zoning Code.
(Ord. 2022-110. Passed 12-12-22.)

1141.99 PENALTY.

   The owner/owners or the occupant/occupants of any structure or lot, or any part thereof, which is being erected, constructed, reconstructed, enlarged, altered, repair, used or maintained in violation of the terms hereof, including building permit and/or occupancy permit requirements, and any architect, builder, plumber, carpenter, mason or workman who may be employed or assists in the commission of any such violations, and all other persons or corporations who violate the provisions hereof including permit and/or occupancy permit requirements, property maintenance requirements and/or fail to comply therewith or with any requirements thereof, shall, for each and every violation or noncompliance, be guilty of a second degree misdemeanor.
(Ord. 2024-03. Passed 2-12-24.)