Silverton City Zoning Code
§ 153.02
ZONING ADMINISTRATION AND ENFORCEMENT.
(A) Enforcement authority. It shall be the duty of the Zoning Enforcement Officer to enforce this chapter by the grant and refusal of zoning permits in accordance with the provisions of this chapter. No zoning permits shall be issued for any building or parcel of land which in its construction, location, or proposed use would violate or fail to comply with the provisions of this Zoning Code.
(B) Zoning Enforcement Officer. The position of Zoning Enforcement Officer is hereby established. The Zoning Enforcement Officer shall administer and enforce this Zoning Code. One or more Zoning Enforcement Officers may be designated by the City Manager. The Zoning Enforcement Officer is under the supervision of the City Manager. The City Manager may serve as the Zoning Enforcement Officer. He or she may be provided with the assistance of such other persons as the City Manager may direct. For the purpose of this Zoning Code, the Zoning Enforcement Officer's duties shall include, but not be limited to, the following:
(1) Enforce the provisions of this Zoning Code and interpret the meaning and applications of its provisions.
(2) Respond to questions concerning applications for amendments to the Zoning Code text and the Zoning Map.
(3) Review and process all zoning permit applications upon which they are authorized to act by the provisions of this Zoning Code as set forth in division (G) of this section.
(4) 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.
(5) Maintain in current status, the official City of Silverton Zoning Map, which shall be kept on permanent public display in the city offices.
(6) Maintain permanent and current records required by this Zoning Code, including but not limited to zoning permits, inspection documents, and records of all variances, text and map amendments, site plan applications, subdivision applications and conditional uses.
(7) Make such records available for the use of the City Council, Planning Commission, Board of Zoning Appeals and the public.
(8) Review and process to the appropriate commission or board all site plan applications, conditional use requests, variance requests, text amendment requests, and any other request pursuant to this Zoning Code.
(9) 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.
(C) Appeals from a Zoning Enforcement Officer decision. Where it is alleged by an applicant in good standing that there is an error in any interpretation, judgment, determination, or decision made by the Zoning Enforcement Officer in the administration and/or enforcement of the provisions of this Zoning Code, the applicant may file an administrative appeal to the Board of Zoning Appeals as set forth in §153.05.
(D) Application contents.
(1) Applications required under this code shall be submitted to the Zoning Enforcement Officer.
(2) All applications shall be in a form and in such numbers as established by the Zoning Enforcement Officer, and made available to the public as part of application forms.
(3) Applications shall be accompanied by a fee, if required, in accordance with the fee ordinance adopted by City Council pursuant to division (E) of this section.
(4) Applications that do not contain all of the required application contents shall not be reviewed or placed on the agenda of a decision-making body until such a time as the Zoning Enforcement Officer determines that all of the required application contents have been completely submitted. The Zoning Enforcement Officer shall have the authority to accept an application without all of the required application contents if they determine that the missing information is not relevant to the application review.
(5) The city shall not be required to process an incomplete application, forward an incomplete application to any decision-making body, or be subject to any required timelines of review for incomplete applications.
(6) If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(E) Fees.
(1) Any application for a review procedure under this code shall be accompanied by such fee as shall be specified from time to time by ordinance of City Council. There shall be no fee, however, in the case of applications filed by the Mayor, City Council, or any of the decision-making bodies.
(2) The fees shall be in addition to any other fees that may be imposed by the city, state, or Hamilton County, or other agency having jurisdiction.
(3) Such fees are adopted to cover the cost to the city for investigations, legal advertising, postage, consulting fees, and other expenses resulting from the administration of the applicable planning and zoning activities.
(4) Unless otherwise identified in the fee schedule adopted by City Council, no application shall be processed or determined to be complete until the established fee has been paid.
(5) If the city determines that the costs on a particular application will exceed the filing fee as established by City Council as a result of preparation of legal descriptions, maps, studies, or other required information, or as a result of the need for professional expert review, study, or testimony, the Zoning Enforcement Officer is authorized to collect such additional costs from the applicant.
(6) Application fees are not refundable except where the Zoning Enforcement Officer determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(F) Amendments to the zoning text and zoning map. Whenever the public necessity, convenience, general welfare or good zoning practice require, Council may, by ordinance, after recommendation thereon by the Planning Commission and subject to the procedure provided in this chapter, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this Zoning Code or amendments thereof. It shall be the duty of the Planning Commission to submit to Council, recommendations regarding all applications or proposals for amendments or supplement. An amendment, supplement, reclassification or change may be initiated by the Planning Commission on its own motion, by motion of Council or by filing of a verified application by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement.
(1) Procedure for text and map amendments.
(a) Applications. Applications for any change of district boundaries or classifications of property as shown on the Zoning Map, and for text of this Zoning Code, shall be submitted to the Zoning Enforcement Officer with all fees and application content required pursuant to division (D) and (E) of this section.
(b) Planning Commission public hearing. After receiving an application for a proposed amendment, supplement or change, and before making a recommendation to Council, pursuant to Article VII of the Silverton City Charter, the Planning Commission shall hold a public hearing on the proposed amendment, supplement or change, at least 15 days’ notice of the time and place of which shall be given by publication in a newspaper of general circulation in the city as required in § 153.03(E). If the proposed amendment, supplement or change intends to rezone or redistrict ten or less parcels of land, as listed in the tax duplicate, written notice of the hearing shall be mailed by the Commission, by first class mail, at least 15 days before the date of the public hearing to the owners of all real property within, contiguous to or directly across the street from such parcel or parcels, to the addresses of such owners appearing on the Hamilton County Auditor's current tax list and such other lists as may be required by the Commission.
(c) Planning Commission recommendations. Once the Zoning Enforcement Officer determines that the application is complete pursuant to division (D) of this section, the application shall be forwarded to the Planning Commission at its next regularly-scheduled meeting or special meeting. The Planning Commission shall review the proposed amendment and consider reports from staff and other public agencies and public comments. Following the procedure stated above, the Planning Commission may recommend that the application be granted as requested, or may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be denied. The Planning Commission shall identify and evaluate all factors relevant to the petition and use its best efforts to report its findings and recommendations to Council within 45 days of receiving an amendment application. In considering any petition for a Zoning Map amendment, the Planning Commission's evaluation shall include, but is not limited to, the following criteria:
1. Whether the proposed amendment consistent with the goals, policies, and future land use map of the Silverton Comprehensive Plan, including any subarea or corridor studies;
2. Whether the uses permitted in the proposed zoning district are compatible with the site's physical, geological, hydrological and other environmental features;
3. Whether all of the potential uses allowed in the proposed zoning district are compatible with surrounding uses and neighborhood in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values;
4. Whether the street system can safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district. A traffic impact study shall be provided if the proposed rezoning district permits uses that could generate 100 or more directional trips during the peak hour, or at least 1,000 more trips per day than the majority of the uses that could be developed under current zoning;
5. Whether the public utilities and city services are sufficient to accommodate the additional demand created by the uses permitted in the requested district without compromising the health, safety and welfare of city residents;
6. Whether the shape and size of the property is reasonable so that the site can meet the dimensional regulations of the requested zoning district; and
7. Other factors deemed appropriate by the Planning Commission.
(d) City Council public hearing and final action.
1. After receiving from the Planning Commission the certificate of such recommendations on the proposed amendment, supplement or change, and before adoption of such amendment, supplement or change, Council shall hold a public hearing thereon, at least 15 days’ notice of the time and place of which shall be given by publication in a newspaper of general circulation in the city. If the proposed amendment, supplement or change proposes to rezone or redistrict ten or less parcels of land, as listed in the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by certified mail, with return receipt, at least 15 days before the date of the public hearing to the owners of all real property within 300 feet of the parcel or parcels, to the addresses of the owners appearing on the Hamilton County Auditor's current tax list and such other lists as may be required by Council.
2. Following such hearing and after reviewing the recommendations of the Commission thereon, Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Zoning Code or the Zoning Map. Council may overrule the recommendations of the Commission by a majority vote by Council.
(e) Stay of permits on pending Zoning Map change. Whenever Council has taken under advisement, a change or amendment of the Zoning Map from a less restricted district to a more restricted district classification, as evidenced by resolution of record, no zoning permit or building permit shall be issued within 75 days from the date of such resolution which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan.
(G) Zoning permits required. It shall be unlawful for an owner to use or permit the use of any land or any structure, or part thereof hereafter created, erected, converted, enlarged, or changed, wholly or partly in its use or construction, until the Zoning Enforcement Officer shall have issued a zoning permit. The zoning permit shall show that the structure or premises, or part thereof, and the proposed use thereof are in conformity with the provisions of this Zoning Code.
(1) Approval of a zoning permit. Within 30 days after the receipt of an application containing information and fees as required by division (D) and (E) of this section, the Zoning Enforcement Officer shall either approve or disapprove the zoning permit application in conformance with the provisions of this Zoning Code. One copy of the plans shall be returned to the applicant by the Zoning Enforcement Officer after the Zoning Enforcement Officer has marked such copy either as approved or disapproved and attested to the same by his or her signature on such copy. Failure to notify the applicant in the case of such refusal or disapproval within the specified time shall entitle the applicant to submit his or her request to the Planning Commission.
(2) Expiration of a zoning permit. If the work described in any zoning permit has not yet been substantially initiated within one year of the date of issuance thereof, said permit shall expire and be revoked by the Zoning Enforcement Officer upon written notice given to the persons or business entity affected. If the work described in any zoning permit has not yet been substantially completed within two years of the date of issuance thereof, said permit shall expire and be revoked by the Zoning Enforcement Officer. A written notice shall be given to the persons or business entity affected, together with notice that further work, as described in the canceled permit, shall not proceed unless and until a new zoning permit has been obtained or an extension granted. The Zoning Enforcement Officer may only issue one extension for an additional calendar year based on good cause shown by the applicant. In the event a zoning permit is deemed to have expired under the provisions under this Zoning Code, any fees paid to the city required as part of the zoning permit application and review process shall be non-refundable.
(3) Construction and use as provided in applications, plans and permits. Zoning permits issued on the basis of plans and applications approved by the Zoning Enforcement Officer 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. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Zoning Code.
(4) Entry and inspection of property. The Zoning Enforcement Officer 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 Zoning Enforcement Officer shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Zoning Enforcement Officer shall request the assistance of the City Solicitor in securing a valid search warrant prior to entry.
(5) Zoning permit revocation. The Zoning Enforcement Officer may issue a revocation notice to revoke a zoning permit which was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application.
(H) Notice of violation. Whenever the Zoning Enforcement Officer or his or her agent 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 the notice of violation. Failure to remedy the alleged violation within the specified time frame set forth in the violation letter shall result in the levying of penalties and fines pursuant to § 153.01(G). Such certified letter shall:
(1) Include a statement of the reasons why it is being issued and refer to the sections of this Zoning Code being violated.
(2) State 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 at a valid address, 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 Zoning Enforcement Officer. 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. A posting of the notice of violation upon the property in a conspicuous manner shall constitute proper service under this division.
(4) A copy of the administrative appeals procedure and documentation requirements as set forth in this Zoning Code shall be included in the certified letter.
(I) Remedies. In case any building or structure is or is intended to be erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is or is intended to be used, in violation of this Zoning Code, the City Solicitor, in addition to the remedies herein provided for, is authorized to institute any appropriate action or proceeding in law or equity to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use or to restrain, alteration, repair, conversion, maintenance, or use or to restrain, correct, or abate the violation.
(Ord. 2025-10, passed 5-1-25)