Seven Hills City Zoning Code
CHAPTER 901
Zoning Code Enforcement and Administration
901.01 ZONING CODE PURPOSE AND CONFORMITY TO THE ZONING CODE.
(a) Purpose. This Zoning Code is enacted for the purpose of promoting public health, safety, convenience, comfort, prosperity, or general welfare, for the limitations and regulation of the height, bulk, and location, including percentage of lot occupancy; set back building lines, and area and dimensions of yards, courts, and other open spaces; and the uses of buildings and other structures and of the premises in such zones or districts; and for the purposes of supporting the Master Plan for the City.
(b) Conformity to the Zoning Code. Except as otherwise provided in this Zoning Code, no building or premises shall hereafter be used and no building or part thereof shall be erected, raised, moved, reconstructed, extended, enlarged, or altered, except in conformity with the regulations hereby established for the district in which it is located.
(Ord. 03-2025. Passed 2-11-25.)
901.02 INTERPRETATION.
(a) In interpreting and applying the provisions of this Zoning Code they shall be held
to be the minimum requirements for the promotion of the public health, safety, morals or general welfare.
(b) This Zoning Code is not intended to interfere with, abrogate or annul any ordinances, rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. However, where this Zoning Code imposes greater restrictions upon the use of buildings or premises or upon the height of buildings or requires larger lots or yards than are imposed or required by such ordinances, rules or regulations of this Zoning Code shall control.
(c) In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.
(d) The particular shall control the general.
(Ord. 03-2025. Passed 2-11-25.)
901.03 LAND RESTRICTIONS.
Nothing contained in this Zoning Code shall be construed to remove or render inoperative any restriction of land adjacent to a public park, parkway or boulevard heretofore established by restrictive covenants running with the land to which the Municipality is a party. Wherever a deed or other conveyance imposes a greater restriction upon a parcel or parcels of land than this Zoning Code, the provisions of such deed or other conveyance shall govern.
(Ord. 03-2025. Passed 2-11-25.)
901.04 SCHEDULE OF ZONING FEES.
(a) The City Council shall, by ordinance, establish a schedule of fees for building permits, amendments, variances, conditional use permits, Development Plan approvals, and other procedures permits and services pertaining to the administration and enforcement of this Zoning Code, after considering the recommendations of the Building Commissioner with respect to actual administrative costs, both direct and indirect.
(b) Until all such applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.
(Ord. 03-2025. Passed 2-11-25.)
901.05 DUTIES OF THE BUILDING COMMISSIONER.
(a) This Zoning Code shall be enforced by the Building Commissioner and include the following authority:
(1) Enforce and interpret the provisions of this Zoning Code.
(2) Respond to questions concerning applications for amendments to the Zoning Code text and the Zoning Map.
(3) Issue zoning permits as provided by this Zoning Code and keep a record of same with a notation of any special conditions involved.
(4) Act on all applications upon which he or she is authorized to act by the provisions of this Zoning Code.
(5) Conduct inspections of buildings and uses of land to determine compliance with this Zoning Code, and in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.
(6) Review and process Development Plans and sign permits pursuant to this Zoning Code.
(7) Determine the existence of any violations of this Zoning Code and cause such notifications, revocation notices; or initiate such other administrative or legal action as needed to address such violations.
(Ord. 03-2025. Passed 2-11-25.)
901.06 PERMIT REQUIRED.
(a) The construction, alteration or relocation of any building or any part thereof shall not be commenced until the issuance of a written permit by the Building Commissioner in accordance with this Zoning Code and other Municipal regulations.
(b) In cases where building permits are not required by any other Municipal regulation, the Building Commissioner shall maintain authority to prevent, in any building or premises, any use not existing therein at the time of the passage of this Zoning Code that is not in conformity with the provisions thereof.
(Ord. 03-2025. Passed 2-11-25.)
901.07 ZONING PERMIT.
(a) It shall be unlawful for any owner or tenant hereafter to change the use classification of or to enlarge the use in any building or premises without a zoning permit issued by the Building Commissioner stating that such use complies with the requirements of this Zoning Code.
(b) Upon the written request from the owner or tenant, the Building Commissioner shall issue a zoning permit for any use of a building existing at the time of the passage of this Zoning Code certifying, after inspection, to the use thereof and whether such use conforms to the provisions of this Zoning Code.
(c) A record of all zoning permits shall be kept on file in the office of the Building Commissioner and copies shall be furnished upon request to any person having an interest as owner or tenant in the building affected.
(Ord. 03-2025. Passed 2-11-25.)
901.08 INFORMATION PROVIDED IN BUILDING PERMIT APPLICATIONS.
Building permits issued on the basis of plans and applications approved by the Building Commissioner authorize only the use and arrangement set forth in such approved plans and applications or amendments thereof and no other use, arrangement, or construction shall be allowed. The use of land, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Zoning Code.
(Ord. 03-2025. Passed 2-11-25.)
901.09 ENTRY AND INSPECTION OF PROPERTY.
The Building Commissioner is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Zoning Code. Prior to seeking entry to any property or structure for such examination or survey, the Building Commissioner shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Building Commissioner shall request the assistance of the Law Director in securing a valid search warrant prior to entry.
(Ord. 03-2025. Passed 2-11-25.)
901.10 NOTICE OF VIOLATION.
(a) Whenever the Building Commissioner determines that there is a violation of any provision of this Zoning Code, a certified letter to the property owner shall be issued and shall serve as a notice of violation. Failure to remedy the alleged violation within the specified time frame shall result in the levying of penalties and fines pursuant to this Section. Such certified letter shall include:
(1) A statement of the reasons why it is being issued and refer to the Sections of this Zoning Code being violated.
(2) Statement of the time by which the violation shall be corrected.
(3) If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Building Commissioner. Service shall be deemed complete when the fact of mailing is entered in record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.
(b) Violation Penalties. Any person violating any of the provisions of this Zoning Code, or failing to comply therewith, shall, for each and every violation or failure, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Each day such violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense.
(Ord. 03-2025. Passed 2-11-25.)
901.11 PERMIT REVOCATION.
The Building Commissioner may issue a revocation notice to revoke a building permit, zoning permit or other administrative approval which was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application.
(Ord. 03-2025. Passed 2-11-25.)
901.12 ADDITIONAL REMEDIES.
Nothing in this Zoning Code shall be deemed to abolish, impair, or prevent other additional remedies as provided by law. In the event of a violation of any provision or requirement of this Zoning Code, or in the case of an imminent threat of such a violation, the Building Commissioner, Law Director, or the owner of any impacted property who would be especially damaged by such violation may, in addition to other recourse provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.
(Ord. 03-2025. Passed 2-11-25.)
901.13 SEPARABILITY.
Should any portion of this Zoning Code be declared by a court to be unconstitutional or invalid, such a decision shall not affect the validity of this Zoning Code as a whole or any other parts thereof, other than the specific part declared unconstitutional or invalid.
(Ord. 03-2025. Passed 2-11-25.)
901.14 COMPLETION OF BUILDINGS.
Nothing contained in this Zoning Code shall require any change in the plans, construction, alteration or designated use of a building for which a building permit has been issued heretofore and the construction of which shall have been actually begun and diligently prosecuted within six (6) months of the date of issuance and the ground story framework of which, including the second tier of beams, shall have been completed within one year and which entire building shall have been completed according to such plans as filed within two (2) years from the date of such permit.
(Ord. 03-2025. Passed 2-11-25.)
901.15 ZONING CODE TEXT AND ZONING MAP AMENDMENTS.
(a) City Council may, on its own motion or on petition by the Planning Commission or property owner, after the notice and hearings required by law, amend the regulations, districts and building lines hereby established, but no such amendment shall be passed until the same shall have been first submitted to the Planning Commission for a recommendation and the Commission shall have been allowed a reasonable time, not less than sixty (60) days, for consideration and report thereon.
(1) Zoning Map Amendment Petition Contents. A petition requesting an amendment to the Zoning Map shall contain the following information:
A. The name, address and contact information of the applicant. If the applicant is not the Planning Commission nor the owner of the land involved, written authorization from the owner consenting to the application shall be included.
B. A metes and bounds legal description of the land involved, including the County Auditor's permanent parcel number and any sub lot number.
C. Scaled drawings showing the dimensions of the land involved and showing its relationship to public streets and to land surrounding it; the locations and dimensions of present and proposed buildings on the land involved; and the locations, dimensions and use of present buildings on land surrounding, within 500 feet, the land to be rezoned.
D. A written description of the present and proposed use of the land and buildings upon the land to be rezoned.
E. A written explanation how the proposed zoning map amendment supports the applicable standard of review criteria set forth in this Section.
(2) Zoning Code Text Petition Contents.
A. The name, address and contact information of the applicant.
B. A written explanation how the proposed zoning text amendment supports the applicable standard of review criteria set forth in this Section.
(3) Application Fee.
A. The application for a Zoning Map amendment or Zoning Code text amendment by a property owner shall be filed with a non-refundable fee in an amount established by City Council.
(b) Standard of Review Criteria. Planning Commission and City Council determinations on proposed Zoning Map and Zoning Code text amendments shall, at a minimum, be based on consideration of the following review criteria. Not all criteria may be applicable in each case, and each case shall be determined on its own facts.
(1) Whether the proposed amendment corrects an error or meets the challenge of some changing conditions, trends, facts, new planning concepts or substantially changed economic conditions since the time that the original text or map designations were established.
(2) Whether the proposed amendment is consistent with the City Master Plan or other applicable City planning documents.
(3) Whether the proposed amendment is consistent with the purposes of this Zoning Code.
(4) Whether the proposed amendment, if amending the zoning map, is consistent with the stated purpose of the proposed zoning district
(5) Whether, and the extent to which, the proposed amendment addresses a demonstrated community need.
(6) Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public.
(7) Whether the proposed amendment is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated
(8) Whether the proposed amendment will ensure efficient development within the City.
(9) Whether the proposed amendment is likely to result in significant adverse impacts upon other property in the vicinity of the subject tract.
(c) Whenever the zoning of any portion of the Municipality is hereafter amended, the provisions of this Zoning Code with regard to buildings or premises existing, or buildings for which permits have been issued, at the time of the passage of this Zoning Code shall apply in the same manner also to the area affected by such amendment.
(Ord. 03-2025. Passed 2-11-25.)
901.16 ZONING CODE TEXT CONFLICTS AND SCRIVENER'S ERRORS.
(a) Conflicts Between Zoning Code Text. If any requirement or regulatory provision of this Zoning Code is found to be inconsistent with any other, the more restrictive or greater requirement shall be deemed, in each case, to be applicable.
(b) Correction of Scrivener's Errors. The Building Commissioner shall be authorized to correct scrivener's errors in this Zoning Code without the need for a Zoning Code text amendment. If such correction is substantial and effects the application of this Zoning Code and any property affected by it, then a text amendment is required. Scrivener's error shall be an error due to a minor mistake or inadvertence and not one that occurs from any zoning interpretation. Scrivener's errors corrected by the Building Commissioner shall be noted in the Zoning Code. For purposes of this Section, a scrivener's error includes one or more of the following:
(1) Misspelling;
(2) Grammatical error;
(3) Numbering error;
(4) Cross-referencing error; or
(5) Inconsistency with the rules of style adopted for the reformatted Zoning Code. (Ord. 03-2025. Passed 2-11-25.)