Strasburg City Zoning Code
ENFORCEMENT
§ 153.165 ZONING INSPECTOR.
(A) Duties of Zoning Inspector. It shall be the duty of the Village Zoning Inspector, who shall be appointed by the Village Council, to enforce this chapter. It shall also be the duty of all officials and employees of the municipality to assist the Zoning Inspector by reporting to the Inspector or his or her designee upon new construction, reconstruction, or land uses or upon seeming violations. The Zoning Inspector shall make no change in this chapter nor vary the terms of this chapter in carrying out the duties of the position of Zoning Inspector.
(C) Zoning Inspector maintains records. The Zoning Inspector shall maintain records of applications for action by the Zoning Inspector, Planning Commission and Board of Zoning Appeals, all actions of Council pertaining to this chapter, all zoning certificates and inspection reports, and all approved and rejected applications. Copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected. A fee for copies may be charged as determined by Council.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.166 ZONING PERMISSION FOR A STRUCTURE OR USE.
(A) Zoning certificate required. It shall be unlawful for an owner to construct, create, erect, change, convert, enlarge or otherwise alter any structure, building or land, or part thereof, until a zoning certificate shall have been issued by the Zoning Inspector. No property or part thereof shall be used for the operation of a business without a zoning permit.
(B) Zoning certificates are issued by Zoning Inspector. It shall be the duty of the Zoning Inspector to issue the zoning certificate; provided he or she is satisfied that the structure, building or premises and the proposed use thereof conform with all the requirements of this chapter. The Zoning Inspector shall issue no such permits unless the plans, specifications and the intended use conform to the provisions of this chapter.
(C) Projects requiring zoning permission. A zoning certificate shall be required for any use or structure which is regulated by this chapter, including all of the following:
(1) Construction or structural alteration of any building or structure;
(2) Construction or structural alteration of accessory structures, including, for example, garages, barns, gardening sheds, gazebos, storage buildings, swimming pools, landscaping structures, driveways, parking and sidewalks;
(3) Change in use of land, an existing structure or an existing accessory structure to a use of a different use which shall include another permitted use within the same zoning district;
(4) Any change in the use of a legal, non-conforming use or structure;
(6) Demolition or removal of an existing structure; and
(7) Using the property or any structure on the property for the operation of a business.
(D) Projects which do not require zoning permission. Zoning permission is not required for projects involving the maintenance or repair of a structure and/or site improvements which are necessary to maintain such structure in good condition.
(Ord. O-38-2020, passed 12-14-2020) Penalty, see § 153.999
§ 153.167 APPLICATION FOR ZONING CERTIFICATE.
(A) Submittal requirements. Zoning certificates are issued on the basis of plans and specifications submitted to and approved by the Zoning Inspector. An application for a zoning certificate shall contain two original, collated sets of the information listed below. Applicants are encouraged, but not required, to contact the Zoning Inspector to review the requirements for applications prior to submittal.
(1) An application form, available from the Zoning Inspector, to be completed and signed by the applicant and property owner(s);
(2) A site and building plan as described in this section;
(3) A fee as required in this chapter; and
(4) A description of any business to be operated on the property
(B) Contents of site and building plan. The site and building plan shall show the information listed below. The scale of plans shall be sufficient to adequately evaluate whether the proposed site and building plan complies with the regulations of this chapter.
(1) Project name, location and address, if available;
(2) Applicant’s name;
(3) Map showing the general location of the project, including scale and north arrow;
(4) Location and names of street(s) providing access to the project, and exact location of the project in relation to the nearest cross street;
(5) Lot, parcel numbers and zoning district of the project and all adjacent properties, including across streets;
(6) Dimensions of the lot(s), and location and use of existing structures and water bodies;
(7) Required setback lines;
(8) Location, height, size and use of proposed and existing structures and yards, according to all dimensions that are regulated in this chapter;
(9) Location, width and names of existing streets, railroad rights-of-way and easements;
(10) Existing sewers, water lines, culverts and other underground structures, and power transmission poles and lines, within and adjacent to the site;
(11) Location and sites of proposed easements and municipal utilities;
(12) Location and dimensions of all vehicular and pedestrian facilities within and adjoining the site;
(13) Location and dimensions of all off-street parking areas, including entrance driveways, maneuvering lanes, service lanes, loading areas and similar areas;
(14) Location, dimensions and proposed uses of all on-site recreation areas;
(15) Locations of fire lanes;
(16) Locations of refuse disposal, storage and removal areas;
(17) Locations, type and size of plant material or fences for any required buffers;
(18) Statement that no part of the land involved in the application has been previously used to provide required yard space or lot area for another structure;
(19) Statistical data on all relevant characteristics of the proposed development, including number and size of dwelling units, percentage of lot coverage, total gross and net acreage, numbers, and dimensions of parking spaces including handicapped accessible spaces;
(20) The names of the building or paving contractor and the sewer and water contractor;
(21) Survey by a registered engineer or surveyor; and
(22) Any other information which in the judgment of the Zoning Inspector may be necessary to provide for the administration of this chapter.
(C) Zoning Inspector may require additional data or waive some data. The Zoning Inspector shall have the authority to require additional data in an application if it is necessary to determine if the proposed project conforms to the requirements of this chapter. The cost of additional information shall be borne by the applicant. Additionally, the Zoning Inspector shall have the authority to waive some data required in the application if he or she determines that it is not needed to evaluate whether the application complies with the provisions of this chapter. The intent of this provision is to provide sufficient data and to avoid unnecessary delay or expense to the applicant and village in the preparation and review of applications for zoning certificates. It is not the intent of this section to waive all requirements for a site and building plan, because such documentation is necessary to verify conformance with, for example, setbacks, buffers, use of primary and accessory structures, and parking requirements.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.168 APPLICATION REVIEW AND ISSUANCE.
(A) Application review. An application for a zoning certificate shall be processed as follows.
(1) The applicant shall submit the application to the Zoning Inspector who shall determine whether the application is complete. If the application is deemed to be incomplete, the Zoning Inspector shall promptly inform the applicant. It shall be the responsibility of the applicant to prepare a complete application if consideration is to be given to such application.
(2) If the application is determined to be complete, the Zoning Inspector shall evaluate the proposed project for conformance with this chapter within a reasonable time period. If the proposed project is determined to be in conformance, the Zoning Inspector shall promptly issue a zoning certificate. If the proposed project is determined to be not in conformance with this chapter, the Zoning Inspector shall promptly inform the applicant in writing of the refusal and the reasons for the determination.
(3) The Zoning Inspector shall mark all sets of the application and plans as “approved” or “disapproved” and shall sign the documents. The Zoning Inspector shall maintain one set of the approved or disapproved application, and the approved zoning certificate on file in the village offices. One set of the approved or disapproved documents shall be transmitted to the applicant.
(B) Zoning certificate is issued after approvals. The Zoning Inspector shall not issue a zoning certificate for any application requiring a determination by the Village Council, Planning Commission or Board of Zoning Appeals unless the proposed project has been granted all final approvals by all such authorities.
(1) When such approvals are final, and the applicant has not been required to submit revised plans, the Zoning Inspector shall promptly issue the zoning certificate.
(2) When all necessary approvals by the Council, Planning Commission or Board of Zoning Appeals are final, and the applicant has been required to submit revised plans, the Zoning Inspector shall determine whether the revised plans are in conformance with the approval by such authorities. If the Zoning Inspector determines that the revised plans are in conformance, he or she shall promptly issue the zoning certificate. If the Zoning Inspector determines that the revised plans are not in conformance, the Zoning Inspector shall promptly notify the applicant in writing, and state the reasons for the refusal of the zoning certificate. Further revised plans may be submitted by the applicant for determination of compliance by the Zoning Inspector.
(3) If revised plans are a condition of approval of the Planning Commission and/or Council, the approval of the Village Council, Planning Commission or Board of Zoning Appeals shall expire in 60 days after such final approval if the applicant fails to submit revised plans which are determined to be in conformance by the Zoning Inspector.
(C) Expiration of zoning certificate. The zoning certificate shall expire if the use, as approved, has not been conducted, or if the structure, as approved, has not been occupied after one year of the date of approval. After the expiration date, the application for such zoning certificate shall be considered null and void.
(D) Extensions. The expirations set forth in this section may be extended by the Zoning Inspector in the event of a change in circumstances and good cause shown by the applicant.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.169 SUPPLEMENTAL REGULATIONS.
(A) Adequacy of utilities. A zoning certificate or certificate of occupancy may be denied by the Zoning Inspector if he or she determines that the sanitary sewer system or public water system is not adequate to service the additional improvements). Such determination shall be made upon the consultation with and recommendation of other village officials, including, but not limited to, the Village Engineer, Water and Sewer Department, and Village Council. In no case shall the village be required or obligated to provide new systems to service the proposed improvement.
(B) Drainage requirements. A zoning certificate may be denied by the Zoning Inspector if he or she determines that the overland or concentrated drainage will be affected in such a manner that it will cause public health problems or will have a detrimental effect on the public drainage system or the public street or alleys. Such determination shall be made upon the consultation with and recommendation of other village officials, including, but not limited to, the Village Engineer, Water and Sewer Department, and Village Council. The Inspector may require the applicant to provide detailed information regarding the draining problem or solution thereof from a registered professional engineer at the applicant’s own expense.
(C) Building locations to be staked. Where construction or physical improvement of land is involved, the lot and location of the buildings to be erected thereon shall be staked out on the ground before construction is started and all dimensions shown on the filed plans shall be subject to inspection by the Zoning Inspector. The applicant must notify the Inspector when staking is completed. The Inspector shall check the stakes within a reasonable time and the stakes shall not be removed until the Inspector gives permission.
(D) Curbs and sidewalks. All new curbs and sidewalks shall be approved by the Village Street Superintendent prior to construction of such and, at that time, the Village Street Superintendent shall inform the applicant of the final curb height or shall make available other pertinent information regarding the curb or walks. Determination as to whether a sidewalk or curb should be staked rests with the Village Street Superintendent after review of the situation.
(E) Inspection of curbs and sidewalks. All curbs and sidewalks within the village right-of-way shall be built to village standards as established by the village authorities. On completion of installation of forms for sidewalks or curbing, the applicant must notify the Inspector to schedule an inspection which he or she should complete within a reasonable time after being notified.
(F) Deed restrictions. The village does not assume any responsibility for the enforcement of restrictions previously set forth in the deed to the property for which application is made. Any plat restriction or variance governed by existing or new subdivisions shall take precedence over these rules and regulations. The provisions of this section shall not apply to any restriction to which the village has been made a party.
(G) Safety requirements. At all times during construction, each owner or agent shall provide for the prevention of any public nuisance or safety hazard on site, including, but not limited to, securing exposed foundations and areas of excavation, and, prompt removal of debris.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.170 CERTIFICATE OF OCCUPANCY.
(A) Compliance inspection required. Approval of a zoning certificate shall not be final until the premises have been inspected by the Zoning Inspector and issued a certificate of occupancy. A certificate of occupancy shall be issued if the Zoning Inspector determines that the structure and/or use permitted in the zoning certificate has been constructed and/or operated in compliance with the zoning certificate.
(B) Occupancy may not commence without certificate of occupancy. Initial occupancy of a building or land, completion of an activity requiring a zoning certificate, and for non-residential uses, occupancy which commences with a change of use, tenancy, business ownership or termination of a vacancy of six months or more shall require a certificate of occupancy.
(C) Application for certificate of occupancy. A certificate of occupancy shall be applied for coincident with the application for a zoning certificate. The applicant shall provide access to all areas of the property as needed to make a complete check of all features regulated by the provisions of this chapter. The applicant is encouraged, but not required, to contact the Zoning Inspector to review the requirements for application prior to submittal.
(D) Process for issuance of certificate of occupancy. An application for a certificate of occupancy shall be processed as follows:
(1) The applicant shall notify the Zoning Inspector of the completion of the work authorized by the zoning certificate and request an inspection of the premises. If the applicant declines to make the premises available for inspection according to the provisions of this section, the certificate of occupancy shall not be issued;
(2) The Zoning Inspector shall make a physical inspection of the premises. It is strongly recommended, but not required, that the applicant or the applicant’s representative attend the inspection;
(3) The Zoning Inspector shall determine if the premises are in conformance with this chapter. If the premises are determined to be in conformance, the Zoning Inspector shall issue a certificate of occupancy. If the premises are not in conformance, the Zoning Inspector shall promptly notify the applicant of the actions to be completed in order for the certificate of occupancy to be issued; and
(4) The Zoning Inspector shall mark the application materials as “approved” or “disapproved” and shall sign the documents. The Zoning Inspector shall maintain one set of the approved or disapproved application, and the approved zoning certificate if applicable, on file in the village offices. One set of the approved documents shall be transmitted to the applicant.
(E) Expiration of certificate of occupancy. The certificate of occupancy shall expire in 60 days if the structure or use is not occupied or conducted as approved.
(F) Extensions. The expirations set forth in this section may be extended by the Zoning Inspector in the event of a change in circumstances and good cause shown by the applicant.
(G) Certificate of occupancy for an existing use or structure. A property owner, tenant or lessee may make a written request to the Zoning Inspector for a certificate of occupancy for any building or premises existing at the time of enactment of this chapter. After reviewing the application and inspecting the premises, the Zoning Inspector shall document the extent and kind of uses made of the building or premises and issue a written determination as to compliance with this chapter. There shall be no fee for a certificate of occupancy issued in accordance with this section.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.171 FEES.
(A) Fees charged. Fees shall be charged which are sufficient to cover the costs of administration. No application shall be officially accepted until all required fees have been paid. A fee, in accordance with the following schedule of amounts, shall accompany each application for a zoning certificate or certificate of occupancy.
Fee
|
Fee
| |
Application to Board of Zoning Appeals | $100 |
Application to Planning Commission | |
Change in zoning district | |
Change of one lot or parcel | $100 |
Each additional lot or parcel | $25 |
Conditional use permit | $50 |
Temporary use | $25 |
Text amendment | $100 |
Certificate of occupancy | |
Application for a certificate of occupancy as set forth in § 153.170 | $25 |
Zoning certificate (includes accompanying certificate of occupancy) | |
Accessory building, structure or fences | $25 |
Commercial, industrial or institutional | $100 |
Each additional 5,000 square feet of commercial or industrial building floor space or fraction thereof in excess of 10,000 square feet of floor space | $25 |
Dwelling, per unit, including manufactured homes | $50 |
Expanded home occupation | $25 |
Non-residential addition or alteration, or demolition | $25 |
Request for the operation of any business activity on-premises | $25 |
Residential addition or alteration, or demolition | $25 |
Sign, billboard | $100 |
Sign, on-premises | $25 |
(B) Deposit of fees. The Zoning Inspector shall forthwith deposit all fees with the Village Clerk.
(C) Zoning Inspector may double fee charged. In the event that development is undertaken or a use commenced before a zoning certificate has been obtained, the Zoning Inspector may double the fee charged for the zoning certificate.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.172 VIOLATIONS.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building, structure or land in violation of any regulation in or any provisions of this chapter, or any amendment or supplement thereto adopted by the Council.
(Ord. O-38-2020, passed 12-14-2020) Penalty, see § 153.999
§ 153.173 REMEDIES.
Any certificate, including approvals and permissions by any authority of the village, issued upon a false statement of any fact, whether or not given intentionally, which is material to the issuance thereof, shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Village Council, the certificate shall be revoked.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.174 COMPLAINTS.
(A) Any person may file a complaint in regard to an alleged violation of this chapter. All such complaints shall be in writing and shall be filed with the Zoning Inspector, who shall promptly record and investigate such complaint. If the village investigates an alleged violation, and the premises are found to be in compliance with this chapter, the Village Council may, but is not required to, charge reasonable costs of investigation to the complainant. Such charge may be made if, for example:
(1) An individual or entity makes repeated complaints of alleged and disproved violations of the same type, or against the same or different premises;
(2) There is no obvious or reasonable observation of a violation; or
(3) Similar circumstances.
(B) It is the intent of this provision that the cost of reasonable complaints shall be borne by the village, whether or not a violation is found to exist. Further, the intent of this provision is to discourage harassment of occupants and property owners who are in compliance with this chapter, and improper use of village resources.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.175 NOTICE OF VIOLATION.
If the Zoning Inspector finds that any provisions of this chapter are being violated, he or she shall proceed as follows.
(A) The Zoning Inspector shall notify in writing the owner of record or authorized agent in violation. The notice shall indicate the nature of the violation, order the action necessary to correct the violation, and advise that the order may be appealed to the Board of Zoning Appeals.
(B) Such notice shall be served by the Zoning Inspector to the property owner and the occupant of such premises in writing. Further, the Zoning Inspector shall post such notice in a conspicuous place upon the premises of the violation. Such notice shall remain as posted until removed by the Zoning Inspector who shall do so only when all corrections are complete.
(C) After such an order is served or posted on the premises, no work, except to secure the property or correct such violation and comply with this chapter, shall be permitted on any building or tract of land included in the violation. Corrections shall be made only after all necessary permits have been approved.
(D) If the owner or authorized agent fails to comply with such order within 60 days after notice has been served, the Village Solicitor may be authorized by Village Council to institute appropriate action to prevent enjoin, abate or eliminate such violation.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.176 LEGAL ACTION AGAINST VIOLATORS.
In any case where any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, the Zoning Inspector, Village Solicitor or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. O-38-2020, passed 12-14-2020)