Ordinance 4631 passed April 24, 1967, as amended which constitutes Title Five of the Planning and Zoning Code shall be known and cited as the Zoning Code of the City of Rittman.

(Ord. 4631. Passed 4-24-67.)

It shall be the duty of the City Manager to enforce this Zoning Code. It shall also be the duty of all officers and employees of the City, and especially of all members of the Police Department, to assist the City Manager by reporting to him upon new construction, reconstruction or land use or upon seeming violations.

(Ord. 4631. Passed 4-24-67.)

Except as specifically hereinafter provided:

(a)

No land shall be used except for a purpose permitted in the district in which it is located.

(b)

No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any buildings be used except for a use permitted in the district in which such building is located.

(c)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limits established in this Zoning Code for the district in which such building is located.

(d)

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located. Existing lots in platted subdivisions shall not, however, be required to meet the new standards.

(e)

No building shall be erected or structurally altered to the extent specifically provided for in this Zoning Code except in conformity with the off-street parking and loading regulations of this Zoning Code.

(Ord. 4631. Passed 4-24-67.)

No person, firm or corporation shall erect, construct or enlarge, alter, repair or convert, move, improve or change the use of a building or structure in the City or cause the same to be done without first obtaining a separate zoning permit for each such building or structure from the City Manager.

The owner, contractor or authorized agent thereof shall file an application with the City Manager for the zoning permit, in writing, on a form furnished for that purpose. An agent may be required to submit evidence to indicate his authority. The City Manager shall examine applications for zoning permits within a reasonable time after filing not to exceed fifteen (15) days.

If an examination by the City Manager indicates that the proposed work and/or use will be in compliance with the provisions of these regulations, approval of such application shall be made and the City Manager shall issue a zoning permit. If approval cannot be given by reason of the proposed work and/or use being in violation of these regulations, rejection of such application shall be made and the reasons for rejection given to the applicant in writing.

(Ord. 4631. Passed 4-24-67.)

Subsequent to the effective date of this section (Ordinance 4631, passed April 24, 1967) no change in the type or character of use of an existing building shall be made, until a certificate of usage has been issued by the City Manager. Every certificate of usage shall state that the new use complies with all City ordinances. A record of all certificates of usage shall be kept on file in the office of the City Manager and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificates of usage.

(Ord. 4631. Passed 4-24-67.)

(a)

A Board of Zoning and Building Code Appeals of five (5) members shall be appointed by Council in accordance with the provisions of Section 8.01 of the Charter. Members of the Board of Zoning and Building Code Appeals shall be removable by Council for nonperformance of duty, misconduct in office or other causes, after public hearing has been held regarding such charges. A copy of the charges shall have 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 a copy of the charges at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by Council and shall be for the unexpired term. The members of the Board of Zoning and Building Code. Appeals shall serve without compensation.

(b)

The Board shall organize and adopt such rules and regulations as may be necessary to carry into effect the provisions of the Zoning and Building Codes. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public and the Board 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 Council and shall be a public record.

(Ord. 4631. Passed 4-24-67.)

Any decision of an administrative officer or his agent in the enforcement of the provisions of either the Zoning or Building Code regulations may be appealed to the Board of Zoning and Building Code Appeals by any person claiming to be adversely affected by such decision. Such appeals to the Board of Zoning and Building Code Appeals shall be taken within twenty (20) days after the decision of the administrative officer. Such appeals should be made in writing to the Board of Zoning and Building Code Appeals or by personal appearance at one (1) of their regular meetings. Such appeals should specify the grounds for complaint. The Board of Zoning and Building Code Appeals shall fix a reasonable time for hearing of the appeals, giving ten (10) days' notice to the parties in interest, and shall come to a decision within a reasonable time, not exceeding ten (10) days after the hearing, unless additional time is necessary because of unusual circumstances. Any party may appear in person or by attorney at the hearing.

(Ord. 4631. Passed 4-24-67.)

The Board of Zoning and Building Code Appeals shall have the following powers and it shall be its duty:

(a)

To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by an administrative official in the enforcement of the Zoning, Building Codes, Property Maintenance Code, Subdivision Regulations or any amendment or supplement adopted pursuant thereto.

(b)

To authorize, upon appeal, such variance from the terms of the Zoning or Building Codes as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Building and Zoning Codes will result in unnecessary hardship, and so that the spirit of the Codes shall be observed and substantial justice done.

(c)

To interpret the provisions of the Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts accompanying and made a part of this Zoning Code where the street layout actually on the ground varies from the street layout as shown on the maps.

(d)

The Board may grant an exception in order to make an otherwise nonpermitted accessory use pursuant to Section 1163.16(c) a permitted use. In determining whether an exception may be granted the Board shall consider:

(1)

Whether the denial of the exception would create an unnecessary hardship;

(2)

Whether strict application of the ordinance results in practical difficulties;

(3)

Whether the exception would have an adverse impact on the immediate neighborhood, community land use or the community's comprehensive plan;

(4)

Whether the hardship is self-created.

Such an exception shall be in the form of a license and may be revoked if the Board determines that the original approval of an exception has been abused. An approved exception shall extend only to the party who originally sought it and may not be transferred, assigned or conveyed. The Board may limit its granting of an exception for a period of time concerning the requested use.

In exercising the powers of division (a), (b), (c) and (d) of this section the Board may reserve or affirm, wholly or partly, or may 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 shall have all powers of the officer from whom the appeal is taken.

The Board shall act by resolution, in which three (3) members concur and every variation granted or denied shall be accompanied by a written finding or fact, based on testimony and evidence and shall specify the reason for granting or denying the variation.

(Ord. 4631. Passed 4-24-67; Ord. 8057. Passed 5-14-18.)

The fees for the issuance of zoning permits and inspections and applications for rezoning and variances to the Zoning Code shall be as follows:

(a)

Zoning permit prior to construction:

An additional fee of fifty dollars ($50.00) for residential construction and one hundred dollars ($100.00) for commercial construction if the permit is issued after construction has commenced.

(b)

Applications for rezoning:

Rezoning which is less than five (5) acres: One hundred dollars ($100.00) plus cost of legal ads. ;21; Rezoning which is five (5) acres or more: Two hundred fifty dollars ($250.00) plus cost of legal ads.

(c)

Request for variance: One hundred dollars ($100.00).

(d)

Board of Zoning Appeals:

Residential: One hundred dollars ($100.00).

Commercial/Industrial: One hundred fifty dollars ($150.00).

(e)

Approval for Three-Mile Enforcement District: Ten dollars ($10.00). If professional review is required, the actual cost of such review in addition to the ten-dollar ($10.00) fee.

(f)

Floodplain Permit: Ten dollars ($10.00).

(Ord. 6642. Passed 4-25-94; Ord. 7093. Passed 2-26-01; Ord. 7884. Passed 6-8-15; Ord. 8145. Passed 12-2-19.)

In interpreting and applying the provisions of this Zoning Code, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort and general welfare; and to conserve and protect property values, to secure the most appropriate use of land and to facilitate adequate but economical provisions of public improvement. Wherever the regulations of this Zoning Code require a greater width or size of yard or other open spaces, require a lower height of building or less number of stories require greater percentage of lot to be left unoccupied, require a lower density of population, require a more restricted use of land or impose other higher standards than are required in any other resolution or regulation, private deed restrictions or private covenants, these regulations shall govern, provided, however, the matter of enforcing private covenants or deed restrictions shall not be the responsibility of the City.

Council may from time to time on its own motion or on petition, after public notice of hearing, amend or change the regulations, districts or building lines established in this Zoning Code, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change first has been submitted to the Planning Commission for approval, disapproval or suggestions and the Planning Commission has been allowed a period not more than thirty (30) days for consideration and report. Any ordinance disapproved by the Planning Commission shall require the affirmative vote of at least five (5) members of Council to be approved. When an amendment to this Zoning Code changing the zoning classification of any area becomes effective, it shall be the duty of the City Manager to cause such change to be made on the maps which accompany this Zoning Code.

(Ord. 4631. Passed 4-24-67.)

If any section, or part thereof of this Zoning Code is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Zoning Code as a whole or any section, or part not adjudged invalid or unconstitutional. Council hereby declares that it would have passed the remaining adjudicated provisions of this Zoning Code if it had known that a particular provision thereof would be declared unconstitutional.

(Ord. 4631. Passed 4-24-67.)

Any person, firm or corporation violating any provision of this Zoning Code or supplements or amendments thereto, shall be fined not more than one hundred dollars ($100.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any other building, structure or land is used in violation of this Zoning Code, the appropriate authorities of the City, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration;. conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

(Ord. 4631. Passed 4-24-67.)