Except where delegated to others by express language herein, the City Manager shall have the authority and responsibility to administer this Zoning Code as Zoning Administrator. The City Manager may delegate all or part of this work to 1 or more employees or contractors under his or her supervision. For the purpose of this Zoning Code, the City Manager and any such delegates shall be collectively referred to as "the Zoning Administrator." The Zoning Administrator shall have authority to devise and promulgate supplementary regulations, procedures and forms as he or she may deem necessary to implement this Zoning Code, provided that such regulations, procedures and forms are not in conflict herewith. It shall be the duty of the Zoning Administrator, as provided under Ohio R.C. 713.06 et seq., to interpret this Zoning Code and to enforce its express provisions and those necessarily implied, subject to appeal to the Board of Zoning Appeals. All departments, officials, and public employees of the City which are vested with the duty or authority to issue certificates or licenses shall conform to the provisions of this Zoning Code and shall issue no certificate or license for any use, building, or purpose, if the same is in conflict with any provision of this Zoning Code. Any certificate or license issued in conflict with the provisions of this Zoning Code is unauthorized, shall be void from the beginning, and shall have no legal force or effect.

(Ord. 16-2003. Passed 5-1-03.)

   The Planning Commission shall have all powers related to the administration and modification of this Zoning Code which are given to it by statute, except as restricted by the City Charter or lawful ordinance, and such other powers as the City Council may lawfully delegate to it from time to time. The Planning Commission may, on its own initiative, formulate and transmit recommendations to the Council for amendments to the text or map of this Zoning Code. The affirmative vote of a quorum shall constitute official action by the Planning Commission as to any decision authorized by this Zoning Code. (See Charter §§ 6.07, 6.071)

(Ord. 16-2003. Passed 5-1-03.)

   Either the text or map of this Zoning Code may be amended at any time by an ordinance adopted by the City Council, following notice and hearing as provided under Ohio R.C. 713.12. Amendments that are consistent and coextensive with a recommendation from the Planning Commission may be adopted upon the affirmative vote of 4 elected members of Council. Amendments materially differing from, or unsupported by a recommendation from the Planning Commission may be adopted only upon the affirmative vote of two-thirds of the membership of the Council.

(Ord. 16-2003. Passed 5-1-03; Ord. 14-2006. Passed 6-1-06.)

   The Board of Zoning Appeals shall have authority to hear appeals as provided under Section 1246.03 and consider variance applications as provided under Section 1246.04. The affirmative vote of 4 members shall be required to sustain an appeal. The affirmative vote of 3 members shall be required to approve a variance.

(Ord. 16-2003. Passed 5-1-03.)

   A certificate of occupancy shall be obtained from the Zoning Administrator by the owner or his or her agent prior to the occupancy or use of a newly erected, substantially reconstructed or enlarged building or structure or part thereof.

   (a)   The certificate of occupancy shall state that the completed , reconstructed or enlarged structure has been determined by the Zoning Administrator to be in compliance with this Zoning Code and all other building regulations. In the case of existing buildings and structures, the need for a new certificate of occupancy shall arise whenever space is occupied that was not previously occupied, whenever the use made of a given space changes with reference to a category of zoning activity listed by the Zoning Code, or whenever occupancy is discontinued for more than 1 year and is later re-established.

   (b)   A temporary certificate of occupancy may be issued by the Zoning Administrator for a period not exceeding 6 months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. The City shall have the right to require the property owner to sign a temporary occupancy permit agreement agreeing to perform the specified items of work. Such agreement may contain any terms and conditions that the City Law Director may determine to be reasonably necessary to render the agreement legally and practicably enforceable.

   (c)   The Zoning Administrator shall maintain a record of all certificates of occupancy issued.

   (d)   Failure to obtain a certificate of occupancy shall be a violation of this Zoning Code and punishable under the provisions contained herein.

(Ord. 16-2003. Passed 5-1-03.)

   (a)   Until a zoning certificate has been obtained from the Zoning Administrator:

      (1)   The construction, building, moving, remodeling, or reconstruction of any building or structure shall not be commenced.

      (2)   The improvement of land preliminary to any use of such land, including grading and the removal of trees and other vegetation shall not be commenced.

      (3)   The use of land, buildings, or structures for temporary and accessory uses and home occupations shall not be commenced.

      (4)   A material change in use may not be initiated.

   (b)   Failure to timely obtain a zoning certificate from the Zoning Administrator before commencing work or before changing a use, whichever first occurs, is a violation of this Zoning Code and punishable under Chapter 1280. No statement or writing issued by an official, officer, employee, department, board, commission or bureau of the City pertaining to the temporary or permanent use of land or buildings shall be valid unless fully in conformance with, and made under the express authorization of this Zoning Code.

(Ord. 16-2003. Passed 5-1-03.)

   (a)   Each application for a zoning certificate shall be made on forms provided by the City and shall be accompanied by a plan in duplicate drawn to scale, 1 copy of which shall be returned to the owner on approval. The plan shall show the following:

      (1)   The actual dimensions of the lot including easements;

      (2)   The exact size and location of all buildings existing on the lot;

      (3)   The proposed new construction plot plan, which shall include the following:

         A.   A scale drawing in duplicate with north indication arrow;

         B.   Shape and dimensions of the lot, including the square footage;

         C.   All drainage, utility easements, and building setbacks including a legend. A legend listing what the abbreviated letters stand for (Example: B.S. = building setback; U.E. = utility easement; D.E.= drainage easement);

         D.   Building setback lines, including distance of structure from back of curb;

         E.   The relative difference of elevation between the curb and the top of the foundation;

         F.   Information on the final grading, (arrows), which shows the disposal of surface drainage in the vicinity of the structure;

         G.   All drives shall either slope away from the final garage floor elevation of the structure at a rate of 1/2-inch per foot or, if elevations prohibit sloping away, positive drainage shall be allowed, provided appropriate drainage away from the structure is included;

         H.   Lot number, subdivision name, section, town, range, city, county and state;

         I.   All existing structures located on the property and including distances from these structures to existing property lines. Example: pools, sheds, decks, fences, detached garages;

         J.   Name of street and label right-of-way distance; and

         K.   A licensed surveyor's stamp.

      (4)   The existing and intended use of all parts of the land or buildings;

      (5)   Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Code.

   (b)   The Zoning Administrator may require the plan to be prepared and signed by a registered architect, engineer, surveyor or other licensed professional.

(Ord. 16-2003. Passed 5-1-03.)

   (a)   Zoning certificates shall be issued or refusal thereof given within 10 working days after the date of application. Written notice of refusal and reason thereof shall be given to the applicant.

   (b)   If the work described in any zoning certificate has not begun within 6 months from the date of issuance thereof, said zoning certificate shall expire and be revoked by the Zoning Administrator. Written notice of such expiration and revocation shall be given to the persons affected. If the work described in any zoning certificate has not been substantially completed within 1 year of the date of issuance thereof, said zoning certificate shall expire and be revoked by the Zoning Administrator. Written notice of such expiration and revocation shall be given to the persons affected, together with notice that further work as described in the canceled zoning certificate shall not proceed unless and until a new zoning certificate has been obtained or extension granted.

   (c)   A person holding an unexpired zoning certificate may apply for a 1-time extension for a period not to exceed 1 year, provided he or she can show good and satisfactory reasons that are beyond his or her control why the work cannot be completed within the 1-year period from the issue date. The fee for such extension shall be one-half the amount required for a new zoning certificate for such work, provided no changes have been made in the original plans and specifications for such work.

(Ord. 16-2003. Passed 5-1-03.)

   (EDITOR’S NOTE: Section 1244.09 was repealed by Ordinance 30-2024, passed February 6, 2025. See Chapter 205 of these Codified Ordinance for planning and zoning fees.)

(Ord. 17-2021. Passed 6-17-21.)