Sidney City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 250-26 Administration.
§ 250-27 Zoning Administrator.
A.
Appointment. This chapter shall be administered and enforced by the Zoning Administrator appointed by the Village Board. The Zoning Administrator may be provided with assistance of such person as the Village Board directs.
B.
Duties. The Zoning Administrator shall have the authority and duty to administer this chapter and shall:
(1)
Issue all zoning permits and zoning compliance certificates where authorized by this chapter and keep permanent records thereof;
(2)
Conduct such inspections of structures, uses, and accessory uses as are necessary to determine compliance with this chapter;
(3)
Under the supervision of the Secretary of the Zoning Board, maintain permanent records pertaining to variances, special conditions and special uses granted, modified or denied by the Zoning Board and Village Board;
(4)
Maintain permanent records of all amendments to this chapter; and
(5)
Make or cause to be made changes to the Official Zoning Map in the manner specified herein.
§ 250-28 Zoning permits.
A.
Scope of zoning permit. A zoning permit shall be obtained from the Zoning Administrator by the owner or lessee, agent of either, the architect, engineer, or builder employed in connection with the proposed work before starting:
(1)
To establish, occupy or change the use of a structure, accessory structure or land either by itself or in addition to another use;
(2)
To construct or erect a new structure or accessory structure or part thereof;
(3)
To extend or move any structure, accessory structure or part thereof;
(4)
To extend, restore, or alter any nonconforming use (issued only upon the Zoning Board of Appeals granting of a variation to permit extension, restoration or alteration of the nonconforming use).
B.
Application for zoning permit.
(1)
Applications for zoning permits shall be filed in written form with the Zoning Administrator on such forms as the Zoning Administrator shall prescribe and shall:
(a)
State the location of tract comprising the legal description of the property.
(b)
State the name and address of the owner, the applicant, and the contractor, if known.
(c)
Describe the uses to be established or expanded.
(d)
Be accompanied by a plan in duplicate, or duplicate prints thereof drawn approximately to scale, showing:
[1]
The actual dimensions of the lot to be built upon;
[2]
The size, shape and locations of the use to be established in the structure or accessory structure to be constructed;
[3]
The size, shape and location of all existing structures, accessory use structures and uses on the lot;
[4]
The water supply and sewage disposal facilities, including a true and correct copy of any permit required by the Village or Environmental Protection Agency approving such facilities;
[5]
Other information that may be necessary to provide for the proper administration and enforcement of this chapter.
(e)
Include any accessory structure or use established or constructed at the same time the main or principal structure was established or constructed;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Each zoning permit for a main or principal structure or main or principal use shall also cover any accessory structure or accessory use established or constructed at the same time on the same lot or tract of land.
C.
Pre-construction permit; water service hookups.
[Added 2-2-2004 by Ord. No. 2004-01]
(1)
Issuance of pre-construction permit.
(a)
The Zoning Administrator shall, prior to the issuance of a zoning (building) permit, require the applicant for a permit to submit a site plan or other diagrams which adequately depict the location on said lot for the planned improvements within the applicable building setback lines.
(b)
The Zoning Administrator shall inspect the site to approve the marked layout for construction of foundation footings, basement walls, or other building exterior marking features. If the application is properly submitted and the construction is permissible under the Village Zoning Ordinance, the Zoning Administrator shall issue a pre-construction permit for construction of said foundation footings, basement walls, or other building exterior features.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c)
The pre-construction permit shall require that the building basement, or foundation footings, or other building exterior marking features be in compliance with the Zoning Ordinance, including location within the applicable building setback lines.
(d)
If said footings, basement or building boundary construction features are found, upon inspection, to be constructed within the appropriate setback lines, then, if the applicant has satisfied all other requirements of this chapter, the Zoning Administrator shall issue a zoning permit for the construction of such building(s) or other improvement(s), as provided in Subsection D of this section.
(e)
If, however, the footings, basement, or other building exterior features, are not so located in conformance with the Village Zoning Ordinance requirements, then no zoning permit shall be issued for construction of said improvements until the project complies with this chapter.
(2)
Water service hookup requires compliance with Zoning Ordinance. The Village shall not hereafter provide water service to any property unless the buildings thereon were constructed within the applicable building setback lines as provided herein, and unless a pre-construction permit, a zoning permit and zoning compliance certificate, in compliance with the Village Zoning Ordinance, have been issued for that property.
D.
Issuance of zoning permit.
(1)
The Zoning Administrator shall retain the original copy of the zoning permit and shall mark such permit whether approved or disapproved.
(2)
One copy shall be returned to the applicant, duly signed and marked as in Subsection D(1) above.
(3)
No zoning permit shall be issued until an application has been made for a zoning compliance certificate.
E.
Expiration of zoning permit.
(1)
If the work described on any zoning permit shall not have begun within 90 days from the issuance thereof, said permit shall expire or be cancelled by the Zoning Administrator and written notice thereof shall be given to the applicant.
(2)
If the work described on any zoning permit shall not have been substantially completed within 365 consecutive days of the issuance thereof, said permit shall expire and shall be cancelled by the Zoning Administrator and written notice thereof shall be given to the applicant, together with notice that further work as described on the cancelled permit shall not proceed until a new permit shall have been issued.
(3)
A zoning permit issued for the establishment of a use of land where no structures are involved or on which land a structure accessory to the main or principal use not involving any structure shall not expire.
§ 250-29 Zoning compliance certificates.
A.
Scope of zoning compliance certificate.
(1)
It shall be unlawful to use or occupy or permit the use or occupancy of any land or structure or part thereof hereinafter created, constructed, erected, changed, moved or wholly or partly altered or enlarged in its use or structure until a zoning compliance certificate shall have been issued therefor, by the Zoning Administrator, stating that the proposed use of the land and structure conforms to the regulations and standards of this chapter.
(2)
Where the Zoning Board of Appeals has granted a variation permitting the expansion, alteration or restoration of a nonconforming use, the zoning compliance certificate shall state specifically wherein such nonconforming use differs from the regulations of this chapter.
B.
Application for zoning compliance certificate.
(1)
New or altered uses and structures. A zoning compliance certificate for new or altered uses and structures shall be applied for at the time of application for the zoning permit.
(2)
Nonconforming uses. A zoning compliance certificate for nonconforming uses shall be applied for at the time of application for the zoning permit which is issued upon granting by the Zoning Board of Appeals of a variation permitting the expansion, alteration or restoration of the nonconforming use.
C.
Issuance of zoning compliance certificate.
(1)
When all work as described on the zoning permit is complete, the applicant shall notify the Zoning Administrator in writing. After examination of the premises to ascertain that all work described on the zoning permit has been conducted in compliance with the regulations and standards of this chapter, the Zoning Administrator shall issue the zoning compliance certificate.
(2)
Except in the case of the use of land where no structure is involved, the issuance of the zoning compliance certificate shall invalidate the zoning use permit issued for work conducted in connection with the premises involved.
(3)
The Zoning Administrator shall retain the original copy of the zoning compliance certificate.
(4)
One copy shall be returned to the applicant, duly signed.
(5)
On each successive date of inspection of land, the use of which does not involve a structure or on which land a structure is accessory to the main or principal use, such main or principal use not involving any structure, and for which the zoning use permit does not expire, the Zoning Administrator shall issue a zoning compliance certificate if such use has been conducted in conformance with the regulations and standards of this chapter and shall be effective only until the next required date of inspection.
(6)
A temporary zoning compliance certificate may be issued by the Zoning Administrator for a period not exceeding six months during alterations or partial occupancy of a structure pending its completion, provided that such temporary certificates may require such conditions and safeguards as will protect the safety of the occupants and the public.
§ 250-30 Enforcement.
It shall be the duty of the Village Board to enforce this chapter. In the event that any person shall violate the provisions of this chapter, the Village Board may, in addition to other remedies, institute in the name of the Village of Sidney any proper action or proceeding in any court of competent jurisdiction to prevent, restrain or abate the unlawful erection, conversion, enlargement or structural alteration of any building or structure, the unlawful change, expansion or enlargement of any nonconforming use, or to prevent, restrain or abate or correct any other act done in violation of the provisions of this chapter.
§ 250-31 Penalties.
[Amended 3-2-2009 by Ord. No. 2009-02]
A.
Violation of any of the requirements of this chapter by any person or corporation shall subject the violator to a fine of not less than $50 and not more than $750 for each violation.
B.
Provided, however, that if a violator fails to cure the violation after a written notice from the Village within 30 days of such notice, or if such violator commits a similar violation for the same property within six months after the initial violation, then such violation shall be subject to a fine of not less than $100 and not more than $750.
C.
Provided, further, that if a violator fails to cure a violation after a second notice thereof, within 30 days of such notice, or if a violator commits a third similar violation at said property within six months after the initial violation, then such violation shall be subject to a fine which shall not be less than $250 and not more than $750.
D.
The Village may seek the foregoing fines in addition to requesting other judicial orders, including injunctive relief to abate such violations.
E.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
§ 250-32 Amendments.
A.
Regulations imposed in the districts created by this chapter may be amended; the amendment may be a change in the language or text of the ordinance, to be referred to as a "text amendment"; the amendment may be a change in the Zoning Map designation of property as a specific zoning classification, to be referred to as a "map amendment." No such amendment shall be made without a public hearing before the Zoning Board.
B.
Conditions and procedures on amendments.
(1)
A written application shall be submitted to the Zoning Board.
(a)
Such application may be initiated by the Village Board, the Zoning Board, the Zoning Administrator, or the owners of more than 50% of the area involved.
(2)
At least 15 days' but not more than 30 days' notice of the time and place of the hearing of such action shall be published in a newspaper having general circulation in the Village. The notice shall also contain a brief description of the amendment.
(a)
If a text amendment, the notice shall include a brief description of the text and the proposed change in text.
(b)
If a map amendment, the notice shall include a brief description of the boundaries of a district which are proposed to be changed and a description of the area for which the change is proposed.
(3)
If, prior to the hearing, signed and acknowledged objections to the change of the regulations or districts are filed with the Village Clerk by 20% or more of the owners of property of the frontage proposed to be altered, or the frontage immediately adjoining or across the alley from the property, or the frontage directly opposite the frontage to be altered, then the amendment shall not be passed except by favorable vote of 2/3 of all the members of the Village Board.
§ 250-33 Fees.
[Amended 3-2-2009 by Ord. No. 2009-02; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Building/Zoning permit fees. The fee for a building/zoning permit, payable with the application therefor, as required in § 250-28F, for the construction of the following improvements shall be as set forth in Chapter 130, Fees, of the Village Code, in addition to any applicable fees under Subsection B(2) of this section:
B.
Fees for appeals, variations, special uses, zoning district reclassifications, zoning ordinance amendments and other actions.
(1)
An applicant for any appeal, variance, special use, Zoning Map amendment, zoning text amendment, or other action under this zoning ordinance shall submit a fee(s) for the following with said application, in addition to fees specified under Subsection B(2) hereof; see Chapter 130, Fees, of the Village Code:
(2)
The applicant must also pay a fee for the Village's out-of-pocket costs for newspaper notices, neighbor notices, public hearings, public meetings, engineering fees, attorney's fees and other out-of-pocket costs incident to the Village's processing of such request or application. This fee shall be estimated by the Village Clerk in consultation with the Village President, Village Engineer and Village Attorney and paid with the initial application or request. If such costs exceed the fee paid, the applicant shall pay such excess before final Village action. If the fee paid exceeds such costs, the Village shall refund such excess.
§ 250-34 Interpretation and construction.
It is not the intent of this chapter to abrogate, annul, impair, or interfere with any private restrictions on land, except that when this chapter imposes greater restrictions upon the use of land or buildings than those imposed by existing private covenants or restrictions, then the provisions of this chapter shall control.