Steubenville City Zoning Code
TITLE NINE
Zoning Administration.
1189.01 ORGANIZATION.
The Board of Zoning Appeals shall consist of such members as provided by Article VI, section 4 of the Charter. In case any vacancy occurs in the membership of the Board it shall be filled in the same manner as the original appointment. The Board shall elect its own Chairman for a one year term at the first meeting of each calendar year. The presence of three members shall constitute a quorum and the concurring vote of three members shall be necessary to pass upon any matter before the Board. The office secretary of the Zoning Administrator shall serve as Secretary of the Board.
(Ord. 2005-71. Passed 9-13-05.)
1189.02 MEETINGS AND PUBLIC HEARINGS.
The Board of Zoning Appeals shall hold regular meetings at least once a month when there are matters to come before it, and special meetings and on-site meetings when necessary and called by the Chairman. Attendance by members of the Board shall be in person. The Board shall hold a public hearing on all cases coming before it, notice of which hearing shall be given in a newspaper of general circulation in the City at least ten (10) days before the date of such hearing. The Secretary shall send written notice of each public hearing at least five (5) days before the date of the hearing, to the owners of contiguous property and owners whose properties are directly across the street from the parcel or parcels for which the hearing is to be held. All meetings of the Board shall be public. Minutes of all meetings shall be recorded, showing the attendance of members, the vote of each member on each case and the relevant statements or testimony of the Zoning Administrator and others who may be in attendance. Such minutes shall be kept at the office of the Zoning Administrator and shall be a public record. Where due notice shall have been published and there has been substantial compliance with the remaining provisions of this section, the failure to give notice to property owners in exact conformance herewith shall not be deemed to invalidate action taken by the City in connection with the granting of any variance.
1189.03 APPLICATION FOR HEARINGS.
1189.04 FEES FOR PUBLIC HEARINGS.
(a) A request for a hearing by the Board of Zoning Appeals shall be accompanied by the following non-refundable fees payable to the City at the time the request is made.
LAND USE TYPE | FEE |
(1) Single-family detached, single-family semi-detached, two-family detached dwellings and governmental uses |
$35.00 |
(2) All other types of residential dwellings |
$75.00 |
(3) Commercial, industrial and other |
$150.00 |
(b) In addition thereto, there shall be deposited with the Zoning Administrator by the person requesting the hearing, an advance deposit of five hundred dollars ($500.00) to be used to cover the cost of notices, advertising the public hearing and providing a stenographic record of the hearing.
(c) Upon receipt of the advance deposit, the Zoning Administrator shall deposit the fee with the Director of Finance who shall establish a special fund with which to hold such fees until the cost of the notice, advertising and stenographer for the hearing can be determined. All expenses incurred from the notice, advertising and stenographer shall be paid from such special fund. Upon payment in full of expenses incurred, any monies remaining from the deposit shall be returned to the depositor by the Director of Finance. In the event that the amount of the deposit is insufficient to cover all expenses incurred by the City, then the Zoning Administrator shall advise the depositor of the total amount needed for such additional costs and no action taken by the Board shall be considered final until the full amount of costs have been paid. (Ord. 2005-71. Passed 9-13-05.)
1189.05 FUNCTIONS OF BOARD.
It shall be the duty of the Board of Zoning Appeals to hear and determine appeals made for exceptions to and variations in the application of the provisions of this Zoning Code in harmony with the intent and purpose thereof, and from any codes, ordinances, regulations, rules, restrictions or limitations or order of any administrative official or agency in connection with such matter.
1189.06 GENERAL POWERS AND DUTIES.
The specific powers and duties of the Board of Zoning Appeals are intended to assist in carrying out the purpose of this Zoning Code. In exercising its authority to grant variances or approve exceptions to this Zoning Code in individual cases which may be subject to unusual hardship, the Board shall be guided by the following policies:
(a) Every property owner shall be permitted to enjoy some reasonable use of his land.
(b) A variance shall not be granted where the unusual hardship for which the variance is sought has been created by the appellant or as a corrective measure where a violation of this Zoning Code has occurred.
(c) The intent and purpose of this Zoning Code shall be adhered to in all decisions on matters coming before the Board, and the variance, if authorized, will represent the minimum variance that will afford relief and the least modification possible of the regulation in issue.
(d) Decisions of the Board may not assume legislative authority by having the effect of changing the meaning of the text of this Zoning Code or of changing the Zoning Map.
(e) A lack of opportunity to obtain the maximum profit from the sale of property does not itself constitute grounds for relief by action of the Board.
(f) Personal relationships in the use and ownership of property are of relatively brief duration and do not belong in considerations of long-term improvement of and protection to the community.
(g) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and this Zoning Code. (Ord. 2011-70. Passed 10-11-11.)
1189.07 VARIANCES, SPECIAL EXCEPTIONS, INTERPRETATION AND APPEALS.
The Board of Zoning Appeals shall have the power to hear and decide appeals of
decisions of the Zoning Administrator, to grant variances for uses in any district set forth in this Zoning Code, and to hear and decide requests for such special exceptions in accordance with the procedures herein. Upon the granting of variances or the approval of special exceptions by the Board, the Zoning Administrator may issue zoning approval. The Board of Zoning Appeals shall have the following powers:
(a) To grant variances for front, side or rear yard requirements whenever the provisions of this Zoning Code with respect to these requirements affect construction on any lot which is nonconforming as to size or area as a result of the adoption of this Zoning Code. Owners of such property must show that the normal application of the standards of the zoning district in which the lot is located would deprive the owner of practicable use of the lot or would be contrary to established front, side or rear yard setbacks by a majority of the structures within the same block in which the lot is located. Such variances shall be to the minimum degree necessary to permit reasonable use of the lot. Such variances shall not be granted if a majority of the buildings on lots within the block in which the lot for which the variance is requested are not substandard with respect to the variances being requested.
(b) To decide, in case of question, the exact location of a zoning district boundary line on the Zoning Map or as to the interpretation or application of any of the provisions of this Zoning Code by the Zoning Administrator.
(c) To hear any appeal by a property owner as a result of the denial of zoning approval by the Zoning Administrator when the property owner holds that such denial is unreasonable or unjust or would require him to adhere to standards not adhered to by at least fifty-one (51) percent of the properties within the block in which the lot is located.
(d) Where the Zoning Code has stated certain uses are permitted only by special exceptions to be granted or denied by the Board, the Board shall hear and decide requests for such special exceptions in accordance with the procedures herein.
(e) To attach such reasonable conditions and safeguards for the approval of zoning for which the variance or special exception is granted as deemed necessary to implement the purposes of this Zoning Code, which shall be described on such approval by the Zoning Administrator. Failure to adhere to such conditions of approval will automatically invalidate the right of a property owner to proceed further under such approval.
(Ord. 2011-70. Passed 10-11-11.)
1189.08 APPEAL TO COUNCIL.
Any person, firm or corporation, or any officer, department, board or agency of the City, or any interested elector of the City who has been aggrieved or affected by any decision of the Board of Zoning Appeals may appeal such decision to City Council by filing a notice of intent to appeal within five (5) days and filing a petition with the Clerk of Council within fifteen (15) days from the date of decision and setting forth the facts of the case. Council shall hold a public hearing on such appeal not later than thirty (30) days after such appeal has been filed with its Clerk. Council, by an affirmative vote of a majority of its members, shall decide the matter and its decision shall be final.
1191.01 GENERAL POWERS AND DUTIES.
The Planning and Zoning Commission shall review conditional use applications, proposed amendments to the Zoning Code or Map, and applications for uses unprovided for, as well as exercise those other powers and perform those other duties as specified by Ohio Revised Code and City Ordinances.
1191.02 PROCEDURES FOR CONDITIONAL USES.
(a) Objectives. Upon application and after a public hearing the Planning Commission may authorize the issuance of a zoning approval for any of the conditional uses for which this Zoning Code requires such, in the district in which such use is proposed to be located. In considering any such use, the Commission shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this Zoning Code and the accomplishment of the following objectives in particular:
(1) That all proposed structures or facilities shall be readily accessible for fire and police protection, and be capable of connection to both the City water supply and sanitary sewer systems.
(2) That the proposed use shall be of such location, size and character that it will generally be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3) That in addition to the above, in the case of any use located in, or directly adjacent to a residential district:
A. The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use, and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with said residential district or conflict with the normal traffic of the neighborhood; and
B. The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping and screening on the site shall be such that the use will not hinder or discourage the appropriate development or use of adjacent land or buildings.
(b) Application. Each application for a conditional use shall be accompanied by a plot plan as required in chapter 1193
, section 1193.06
and the names and addresses of all owners of property which lies adjacent to and within a radius of two hundred fifty (250) feet of the site in question measured from the approximate center of such parcel.
(c) Public Hearing. The Planning Commission shall not consider any application for a conditional use approval without first holding a public hearing, notice of which hearing shall be given by publication in a newspaper of general circulation in the City at least ten (10) days before the date of such hearing. The Zoning Administrator shall give written notice of each public hearing to owners of property which lies adjacent to and within two hundred fifty (250) feet of the site in question, following the same procedures and in the manner specified in chapter 1189 of this Zoning Code. Provided that where due notice shall have been published and there has been substantial compliance with the remaining provisions of this section, the failure to give notice to property owners in exact conformance herewith shall not be deemed to invalidate action taken by the City in connection with the approval of any conditional use.
(d) Commission Action. The Planning Commission shall, within sixty (60) days of the date of acceptance and presentation of an application for conditional use approval, hold the public hearing on such application at which time the Commission shall take final action, whether favorable or unfavorable.
(e) Conditions and Safeguards. The Planning Commission may require that conditional use approvals be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination by the Commission to the effect that such conditions as may have been prescribed by the Commission in conjunction with the issuance of the original approval have not been, or are no longer being complied with. In such cases a period of sixty (60) days shall be granted the applicant for full compliance prior to the revocation of said approval.
(f) Appeals. Appeals of the decision of the Planning Commission regarding applications for conditional use approval shall be made to the Common Pleas Court of Jefferson County.
(g) Effect of Conditional Use Approval. Any use for which a conditional use approval may be granted shall be deemed to be a conforming use in the zoning district in which such use is located provided that such approval shall be deemed to affect only the lot or portion thereof for which such approval shall have been granted.
(h) Fees for Public Hearings. There shall be deposited with the Zoning Administrator by the person requesting the conditional use approval, an advance deposit of five hundred dollars ($500.00) to be used to cover the cost of notices, advertising the public hearing, and providing a stenographic record of the hearing. Upon receipt of the advance deposit, the Zoning Administrator shall deposit the fee with the Director of Finance who shall establish a special fund with which to hold such fees until the cost of the notice, advertising and stenographer for the application for conditional use approval can be determined. All expenses incurred from the application for conditional use approval by the City shall be paid from such special fund. Upon payment in full of expenses incurred, any monies remaining from the deposit shall be returned to the depositor by the Director of Finance. In the event that the amount of the deposit is insufficient to cover all expenses incurred by the City, prior to final action by the Planning Commission, the Zoning Administrator shall advise the depositor of the total amount needed for such additional costs and no action shall be taken by Commission until the full amount of costs have been paid.
(Ord. 2011-70. Passed 10-11-11.)
1191.03 PROCEDURES FOR AMENDMENTS TO THE ZONING MAP.
(a) General Procedures. The Planning Commission, City Council, or any property owner or group of property owners may request or propose an amendment to the Zoning Map. All such requests or applications for proposed amendments shall be submitted to the Commission for study and review.
(b) Application. Each application for a proposed amendment to the Zoning Map shall be accompanied by necessary legal descriptions and a plot plan as required in chapter 1193
, section 1193.06
, and the names and addresses of all owners of property which lies adjacent to and within two hundred fifty (250) feet of the site in question.
(1) Application for an amendment to the Zoning Map for any property of record shall be submitted no more than one (1) time within any six (6) month period regardless of the ownership of such property subject to the following exceptions:
A. A rezoning made on property abutting the lot or parcel sought to be rezoned.
B. The land use of property abutting the property sought to be rezoned has been changed as a result of action by an official public agency.
C. A procedural error incurred in processing the application by an employee or official of the City on property sought to be rezoned and which occurred through no fault of the applicant in the application for rezoning.
(c) Public Hearing. The Planning Commission shall not consider any application for amendment to the Zoning Map without first holding a public hearing, notice of which hearing shall be given in a newspaper of general circulation in the City at least thirty (30) days before the date of such hearing.
(1) If an application for amendment to the Zoning Map involves ten (10) or fewer parcels of land, the Clerk of Council shall give written notice of the public hearing by certified mail, return receipt requested, to the owners of property within a radius of two hundred fifty (250) feet measured from the approximate center of such parcel or parcels individually requested to be rezoned. Multiple owners of properties which fall in the appropriate distance for receipt of proper notification shall receive only one (1) notice if residing at the same address. In any event, contiguous property owners and those owners whose properties are directly across the street from such parcel or parcels, must be notified of the public hearing. Such notices are to be mailed to such owners and addresses appearing on the last preceding tax rolls, and to such other list or lists that may be specified by City Council. During the thirty (30) day period prior to the public hearing, the application for the amendment to the Zoning Map together with maps or plans or copies thereof, shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council. Provided that where due notice shall have been published and where there has been substantial compliance with the remaining provisions of this section, the failure to give notice to property owners in exact conformance herewith shall not be deemed to invalidate action taken by the City in connection with the proposed amendment.
(2) For an application for amendment to the Zoning Map involving more than ten (10) parcels of land, written notice of the public hearing to property owners as required above shall not be necessary.
(d) Commission Action. The Planning Commission shall, within sixty (60) days of the date of City Council's first ordinance reading for amendment to the Zoning Map, hold the public hearing on such application at which the Commission shall take final action to forward to City Council its recommendations, whether favorable or unfavorable.
(e) Guidelines for Evaluation of Application for Zoning Map Amendment. The Planning Commission and City Council shall review and consider all applications for amendment to the Zoning Map. The Commission and Council shall base all recommendations and actions to approve or disapprove proposed amendments to the Zoning Map upon the following guidelines:
(1) An application for amendment to the Zoning Map should generally be approved if:
A. The rezoning is consistent with the City Land Use Plan, as established by the City Comprehensive Plan.
B. The rezoning will be compatible with neighboring properties.
C. The City has the capability of providing public services including water supply and sanitary sewer facilities to the site.
D. The rezoning will not create or contribute to unsafe or hazardous conditions.
E. The rezoning is justified based on changed or changing conditions pursuant to subsection (b), items A or B of this section.
(2) An application for amendment to the Zoning Map should generally be disapproved if:
A. The rezoning would create an isolated zoning district unrelated to adjacent districts (i.e., "spot zoning").
B. The rezoning will adversely affect neighboring properties.
C. The rezoning will create or contribute to unsafe or hazardous conditions.
D. It is economically feasible to develop the site under its current zoning classification.
E. There are adequate sites elsewhere in the City for the proposed use, in districts where such use is already permitted.
It shall be the sole responsibility of the applicant to submit documentation to the Planning Commission sufficient to adequately evaluate the application for amendment to the Zoning Map.
(f) Action by Council. When the Planning Commission has reported its findings as required herein, Council shall take action to approve or disapprove the proposed amendment to the Zoning Code or Map in the same manner as any other legislation is adopted, except that no amendment that is reported unfavorably by the Commission shall be approved by Council except upon an affirmative vote of not less than five (5) members of Council.
(g) Fees for Public Hearings.
(1) An application for a proposed amendment to the Zoning Map shall be accompanied by the following non- refundable fees for each lot or parcel of land or for each acre or fraction thereof sought to be rezoned, whichever is greater.
FROM CURRENT ZONING DISTRICT TO | FEE |
P |
$100.00 |
C-1 or C-2 |
$100.00 |
R-1 or R-1A |
$100.00 |
R-2 or R-2A |
$125.00 |
R-3 or R-3A |
$150.00 |
R-4 |
$175.00 |
B-5 |
$200.00 |
B-4 |
$225.00 |
B-3 |
$250.00 |
B-2 or B-2A |
$275.00 |
B-1 |
$275.00 |
I-1 or I-1A |
$300.00 |
I-2 |
$325.00 |
I-3 |
$350.00 |
(2) In addition thereto, there shall be deposited with the Clerk of Council by the person requesting the amendment, an advance deposit of five hundred dollars ($500.00) to be used to cover the cost of notices, advertising the public hearing and providing a stenographic record of the hearing.
(3) Upon receipt of the advance deposit, the Clerk of Council shall deposit the fee with the Director of Finance who shall establish a special fund with which to hold such fees until the cost of the notice, advertising and stenographer for the application for amendment can be determined. All expenses incurred from the notice and advertising the amendment of the Zoning Map by the City shall be paid from such special fund. Upon payment in full of expenses incurred, any monies remaining from the deposit shall be returned to the depositor by the Director of Finance. In the event that the amount of the deposit is insufficient to cover all expenses incurred by the City, then, prior to final action by Council, the Clerk of Council shall advise the depositor of the total amount needed for such additional costs and no action shall be taken by Council until the full amount of costs have been paid.
(Ord. 1999-9. Passed 3-16-99.)
1191.04 PROCEDURES FOR USES UNPROVIDED FOR.
Any use not listed as a permitted or conditional use for any zoning district shall be deemed to be prohibited in such district. Any list of prohibited uses contained in this Zoning Code shall not be deemed to be an exhaustive list, but has been included for the purposes of clarity and emphasis, and to illustrate by example, some of the uses frequently proposed that are deemed undesirable and incompatible and thus prohibited.
(a) Application. Whenever in any zoning district established under this Zoning Code a use is neither specifically permitted or prohibited, an application may be made by the property owner to the Planning Commission for such use following the same procedures for application, notification and public hearings as set forth in section 1191.03
of this chapter.
(b) Public Hearing. The Commission shall have the authority to permit the use or deny it. The use may be permitted if it tends to conform with the permitted uses in the district. The use shall be denied if it is not in conformity with permitted uses in the district. In approving any application for a use unprovided for, the Commission may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and this Zoning Code.
(c) Commission Action. Upon approval by the Commission, the Zoning Administrator may issue zoning approval describing any conditions specified by the Commission on such approval. Failure to adhere to such conditions will automatically invalidate the right of the property owner to proceed further under such permit.
(d) Fees for Public Hearings. Fees for applications for uses unprovided for shall be the same as applications for conditional uses, as specified in section 1191.02
of this chapter.
1191.05 DUTIES OF CITY PLANNER.
It shall be the duty of the City Planner, who shall be appointed by the Planning and Zoning Commission, to administer the provisions of this chapter and of all rules, conditions and requirements adopted and specified pursuant thereto.
(a) Specific Duties and Responsibilities. The City Planner shall provide staff support services to the Planning Commission as follows:
(1) Prepare and update the Comprehensive Plan for the City of Steubenville, including a plan for the use of land, the development of streets and highways, and the provision of public services and community facilities.
(2) Study, review and present recommendations to the Commission regarding applications for the subdivision of land pursuant to the City's Subdivision Regulations.
(3) Study, review and present recommendations to the Commission regarding applications for conditional uses, proposed amendments to the Zoning Code or Map, and applications for unprovided for uses, pursuant to this Zoning Code.
(4) Prepare, update and recommend amendments to the City's Subdivision Regulations and Zoning Code.
(5) Provide staff support services to the Historic Landmarks Commission.
(6) Prepare and update the Capital Improvement Program for the City of Steubenville.
(7) Coordinate the review of subdivision and development proposals, and the preparation of plans and studies as they relate to the work of the Commission, with other City departments and other local, county, state or Federal agencies.
(8) Coordinate the annexation of adjacent lands with the requirements of Ohio Revised Code and City policy, and prepare studies or plans of such areas as they relate to the City's Zoning Code.
(9) Complete such other plans and studies as may be necessary for the Commission to fulfill its duties and obligations imposed by Ohio Revised Code and the City Charter.
(10) Maintain and keep on file records of action taken by the Commission regarding the above, which shall be in the possession of the Recording Secretary or designated representative.
1193.01 APPROVALS AND PERMITS.
No building permit or certificate of occupancy authorizing construction, reconstruction, alteration, enlargement, moving or use of land or any building or structure, or excavation for any of these purposes shall be issued unless zoning approval has been issued for same by the Zoning Administrator in compliance with the provisions of this Zoning Code.
1193.02 CORRELATION WITH OTHER CITY PERMITS.
No department, board, official or public employee of the City vested with the duty or authority to issue permits, certificates or licenses for any building, purpose or use shall issue the same if such building, purpose or use would be in conflict with any of the provisions of this Zoning Code, and if so issued the same shall be void.
1193.03 RELATION TO PRIVATE CONTRACTS.
This Zoning Code bears no relation to any private easement, covenant, agreement or restriction, nor is the responsibility of enforcing such private easement, covenant, agreement or restriction implied herein to any public official. When this Zoning Code calls for more restrictive standards of size, height or location of buildings, use of premises or lot or yard areas, than are required by private contract, the provisions of this Zoning Code shall prevail.
1193.04 DUTIES OF ZONING ADMINISTRATOR.
It shall be the duty of the Zoning Administrator to administer and enforce the provisions of this Zoning Code and all rules, conditions and requirements adopted or specified pursuant thereto.
(a) The Zoning Administrator or his duly authorized assistant(s) shall review applications for zoning approval for conformance with the applicable provisions of this Zoning Code.
(b) The Zoning Administrator shall submit to the Planning and Zoning Commission, a written quarterly report summarizing for the quarter, all building permits issued as well as any actions taken by the Board of Zoning Appeals regarding the granting of variances to this Zoning Code.
(c) The Zoning Administrator or his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of their duties.
(d) The Zoning Administrator shall investigate all alleged violations of the provisions of this Zoning Code as provided for herein.
1193.05 CONDITIONS UNDER WHICH ZONING APPROVAL IS REQUIRED.
Zoning approval shall be required for any of the following:
(a) Construction, reconstruction, alteration, enlargement, moving or use of any building or structure, including accessory buildings or structures.
(b) Change in the use of any building or structure, or accessory building or structure to a use of a different classification, or change from one permitted use within a classification to another permitted use within the same classification.
(c) Occupancy and use of vacant land.
(d) Change in the use of land to a use of a different classification, or change from one permitted use within a classification to another permitted use within the same classification.
(e) Any change in the use of a nonconforming use.
1193.06 APPLICATION FOR ZONING APPROVAL.
(a) Application for zoning approval for the construction of a new building or structure, or the reconstruction, alteration, enlargement, moving or use of an existing building or structure shall be made to the Zoning Administrator at the same time the application for a building permit is made. Said approval shall be issued within thirty (30) days after the date of submission of the application, provided such is in conformity with the provisions of this Zoning Code.
(b) Application for zoning approval for the use of land, or of an existing building or structure, or for a change in a nonconforming use as herein provided, shall be made to the Zoning Administrator. Said approval shall be issued within thirty (30) days after the date of submission of the application, provided such is in conformity with the provisions of this Zoning Code.
(c) The Zoning Administrator may require applications for zoning approval to be accompanied by a plot plan, which shall be prepared at a scale not smaller than one (1) inch to fifty (50) feet, and shall where applicable, include:
(1) The property owner's name and address and the names and addresses of abutting owners;
(2) Lot or tract boundaries showing accurate bearings and distances, and including a location map sufficient to denote the location of the proposed site;
(3) Northpoint for the site;
(4) Municipal corporation and township lines;
(5) Location of existing and proposed buildings, structures and uses, including accessory buildings, structures or uses, giving heights and dimensions of such and distances between same;
(6) Existing and proposed use(s) of the land, buildings and structures;
(7) Existing and proposed abutting street rights-of-way, cartways and curbs adjacent to the site;
(8) Location and dimension of existing and proposed buildings and setback lines, including front, side and rear yards;
(9) Existing and proposed driveways, access drives, sidewalks, parking lots, parking spaces, access aisles, and loading and unloading areas;
(10) Location, dimension, height and type of existing and proposed signs;
(11) Existing and proposed utilities, including water lines, sewer lines, storm sewers, natural gas lines, electric lines and telephone lines, and related easements;
(12) Architectural drawings illustrating exterior designs of the existing and proposed buildings or structures;
(13) Location and dimension of existing and proposed common open space and active play area, if any;
(15) Traffic Circulation Plans when required pursuant to the provisions of Section 1185.49 of this Zoning Code; and
(16) A time schedule for the approximate time of completion of each stage or phase of the development.
(17) Additional information as may reasonably be required by the Zoning Administrator.
(d) All dimensions shown on the plot plan shall be based on an actual survey when determined necessary by the Zoning Administrator. The lot and the location of the buildings, structures or uses thereon shall be staked out on the ground before construction is started. Four copies of the application for zoning approval and accompanying plot plan must be submitted. One copy will be returned to the applicant when such has been approved by the Zoning Administrator along with the certificate of zoning approval, as may be granted.
(e) In the event that the Zoning Administrator finds that the use of land, buildings or structures is in conformity with the requirements of this Zoning Code, then he shall issue a certificate of zoning approval. In the event that changes or modifications are made to an approved application or plot plan after a certificate of zoning approval has been issued, then such changes or modifications must be approved by the Zoning Administrator.
(f) In the event that the Zoning Administrator finds that the use of land, buildings or structures is not in conformity with the requirements of this Zoning Code, then he shall deny zoning approval and prepare in writing, within the time period prescribed, a notice of disapproval, which shall contain a statement of the reasons therefor and a copy thereof shall be transmitted to the applicant by certified mail, return receipt requested.
(g) Under written request from the property owner, the Zoning Administrator may issue zoning approval for any building, lot or use existing upon the effective date of this Zoning Code certifying, after inspection, the extent and type of use made of the building and premises and whether such existing building, lot or use conforms to the provisions of this Zoning Code.
(h) The following non-refundable application fees payable to the City shall accompany an application for zoning approval, which shall be paid at the time the application is submitted:
(1) New construction, remodeling or additions. Existing residential buildings with three or fewer dwelling, boarding or rooming units under the same roof; including fences, walls, driveways and accessory buildings or uses: fee of ten dollars ($10.00) when a certificate of zoning approval is applied for prior to commencement of remodeling or construction; or twenty dollars ($20.00) when a certificate of zoning approval is applied for after the commencement of remodeling or construction.
(2) New construction, remodeling or additions. Existing residential buildings with four or more dwelling, boarding or rooming units under the same roof, commercial and other uses; including fences, walls, signs, parking lots, driveways and accessory buildings or uses: fee of twenty dollars ($20.00) when a certificate of zoning approval is applied for prior to the commencement of remodeling or construction; or forty dollars ($40.00) when a certificate of zoning approval is applied for after the commencement of remodeling or construction.
(3) Existing buildings or uses. Fee of ten dollars ($10.00) for issuance of certificate of zoning approval when requested by property owner.
(Ord. 2005-71. Passed 9-13-05.)
1193.07 VIOLATIONS; INVESTIGATION OF COMPLAINTS.
(a) It shall be a violation of this Zoning Code for any construction, reconstruction, alteration, moving or use of land, or any building or structure, or for excavation for any of these purposes to take place which is not in conformance with this Zoning Code.
(b) The Zoning Administrator shall have the authority to order the immediate termination or suspension of any construction, reconstruction, alteration, moving or use of land or any buildings or structures occurring in violation of this Zoning Code.
(c) All complaints received by the Zoning Administrator regarding alleged violations of this Zoning Code shall be made in writing and include the name, street address, and telephone number of the complainant. The complaint shall include the specific location of the violation by street address or geographic location, and the nature of the alleged violation. A separate complaint must be filed for each alleged violation. All complaints and actions taken shall be considered public information.
(d) The Zoning Administrator, upon determining that a violation of any of the provisions of this Zoning Code exists, shall serve notice of such violation on the person or corporation committing or permitting same, and if such violation has not ceased within ten days, he shall present the facts in the case to the Law Director.
(e) When a person or corporation is found guilty of a Zoning Code violation by a court of competent jurisdiction, the cost of any zoning enforcement action taken by the City shall be charged against the premises upon which the enforcement action was taken. The Clerk of Council shall certify to the Auditor of Jefferson County, Ohio, the costs incurred together with a description of the premises and such cost shall become a lien against such real estate to be collected with other taxes and returned to the City.
(Ord. 2005-71. Passed 9-13-05.)
1193.08 DUTIES OF LAW DIRECTOR.
The Law Director shall, immediately upon a violation of this Zoning Code having been called to his attention, institute injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove any unlawful construction, reconstruction, alteration, conversion, maintenance or use. Such action may also be instituted by the owner of any contiguous or neighboring property who would be especially damaged by any violation of this Zoning Code.
1193.09 PENALTY.
Whoever, being an owner, lessee, principal, agent, employee, or otherwise, violates any of the provisions of this Zoning Code or permits any such violation or fails to comply with any of the requirements thereof, or erects, constructs, alters, enlarges, converts, moves or uses any building or uses any land, in violation of any detailed statement or plan submitted by him and approved under the provisions of this Zoning Code, shall be deemed guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2011-70. Passed 10-11-11.)