Uhrichsville City Zoning Code
CHAPTER 1169
Enforcement and Penalties
1169.01 ZONING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure or land be established or changed in use without a permit issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this Zoning Ordinance unless the Zoning Inspector received a written order from the Board of Zoning Appeals as provided by this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
1169.02 CONTENTS OF APPLICATION FOR ZONING PERMIT/ZONING COMPLIANCE CERTIFICATE.
The application for a zoning permit/zoning compliance certificate shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and shall be revoked if work has not begun within one (1) year or substantially completed within two and one-half (2½) years from the date of the issuance of the zoning permit/zoning compliance certificate. For conditional uses, the effective date of the conditional use and zoning permit/zoning compliance certificate shall be that of the conditional use permit. At a minimum, the application shall contain the following information:
(a) Name, address and phone number of applicant;
(b) Legal description of property, including a current survey and plat map as prepared by a Registered Professional Surveyor;
(c) Existing use;
(d) Proposed use; if, business, specify use per zoning code and describe business;
(e) Zoning district;
(f) Plans drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alterations;
(g) Building heights;
(h) Application for accessory parking lot (as applicable);
(i) Number of dwelling units;
(j) When development is proposed for a single lot which is therefore not subject to standard subdivision rules and regulations, the Zoning Inspector shall require the applicant to submit plans meeting those requirements which are listed in the City of Uhrichsville Subdivision Regulations under Section IV- B -2-a, Final Construction Plans and Estimate, and any additional subdivision regulations which are deemed necessary to allow the proper review and approval of the application for zoning permit/zoning compliance certificate.
(k) Such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Zoning Ordinance, i.e., copy of conditional uses required in conditional use permit.
(Ord. 13-12. Passed 8-9-12.)
1169.03 SUBMISSION FOR A THOROUGHFARE PLAN REVIEW.
Before any zoning permit is issued affecting land within three hundred (300) feet of the centerline of a proposed new highway or a highway for which changes are proposed or any land within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice to the applicant that a zoning permit will not be issued until after a recommendation is made in a period of thirty (30) days from the date notice is received by the Uhrichsville Planning Commission. After having checked the Comprehensive Plan, the Uhrichsville Planning Commission may coordinate with the Tuscarawas County Regional Planning Commission, Ohio Department of Transportation, Tuscarawas County Engineer's Office or any other such entity or agency that is or may be involved in transportation planning so as to ascertain whether or not highway construction or changes are planned. If the Uhrichsville Planning Commission is notified by any of the above agencies of pending plans for said highway, they shall recommend against the issuance of a zoning permit and shall attempt to resolve any conflict within thirty (30) days. If no plans exist for said highway, or on the expiration of the thirty (30) days, the Zoning Inspector shall, issue the zoning permit/zoning compliance certificate if the application is in conformance with all provisions of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
1169.04 APPROVAL OF ZONING PERMIT/ZONING COMPLIANCE CERTIFICATE.
Within thirty (30) days after the receipt of an application and required fee, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Zoning Ordinance. Zoning permits which require approval by the Board of Zoning Appeals shall be issued by the Zoning Inspector and the appropriate fee(s) paid by the applicant within thirty (30) days of the date of board approval. Failure to do so will result in the doubling of any permit fees for each thirty (30) day period beyond the initial thirty (30) days following Board approval up to one hundred and eighty (180) days after which the permit may be revoked and a new approval required by the appropriate board. Re-application for variances shall be in conformance with Section 1173.17. All zoning permits shall, however, be conditional upon the commencement of work within one (1) year from date of issuance. The copy of the plans may be placed in the official file. The Zoning Inspector may issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
1169.05 EXPIRATION OF ZONING PERMIT/ZONING COMPLIANCE CERTIFICATE.
If the work described in any zoning permit/zoning compliance certificate has not begun within one (1) year from the date of issuance and has not been substantially completed within two and one-half (2½) years of the date of issuance said permit shall expire and written notice thereof shall be given by the Zoning Inspector to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit/zoning compliance certificate has been obtained or extension granted. One (1) extension shall be granted by the Zoning Inspector for a period of six (6) months. The extension will be noted on the zoning permit/zoning compliance certificate and application by the Zoning Inspector.
(Ord. 13-12. Passed 8-9-12.)
1169.06 APPLICATION FOR ZONING PERMIT/ZONING COMPLIANCE CERTIFICATE.
The Zoning Inspector may sign the application for zoning permit/zoning compliance certificate when he/she is satisfied that the construction or alteration actually to be done is the same as described and proposed on the zoning permit/zoning compliance certificate. This provision shall apply to new construction, additions, decks, and similar uses, except the raising of crops and other agricultural uses.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
1169.07 FAILURE TO OBTAIN A ZONING PERMIT/ZONING COMPLIANCE CERTIFICATE.
Failure to obtain a zoning permit/zoning compliance certificate shall be a violation of this Zoning Ordinance and punishable under Section 1169.99 of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
1169.08 RECORD OF ZONING PERMITS/CERTIFICATES OF ZONING COMPLIANCE.
The Zoning Inspector shall maintain a record of all zoning permits/zoning compliance certificates and they shall be made available for inspection upon request to any person.
(Ord. 13-12. Passed 8-9-12.)
1169.09 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector. The Zoning Inspector shall record such complaint, promptly investigate and take action as provided by this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
1169.10 OTHER ACTION.
Nothing herein contained shall prevent the Municipality from taking other lawful action as is necessary to prevent or remedy any violation. (Ord. 13-12. Passed 8-9-12.)
1169.11 AFFECTED PARTIES.
The owner or tenant of any building, structure, premises or part thereof and architect, engineer, surveyor, builder, contractor, agent or other person who commits, participates in, assists in, or maintains a violation shall be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
1169.12 VIOLATION, NUISANCE PER SE: ABATEMENT.
Buildings erected, altered, razed or converted, or uses carried on in violation of any provision of this Zoning Ordinance is hereby declared to be a nuisance per se.
(Ord. 13-12. Passed 8-9-12.)
1169.13 SCHEDULE OF FEES, CHARGES AND EXPENSES.
(a) Collection procedure: fees, charges and expenses, must be paid at time of application by: cash, cashier check or personal/company check.
(b) Zoning permit/zoning compliance certificates: fifty dollars ($50.00) for a one time fee/per application.
(c) Amendments and appeals: two hundred and fifty dollars ($250.00) per application.
(d) Variance: forty-five dollars ($45.00) per application.
(e) Conditional use permits: forty-five dollars ($45.00) per application.
(f) Investigations, inspections, legal advertising, postage and other expenses: at the sole expense of the party requiring any or all of these services that may be required.
(Ord. 17-12. Passed 12-27-12.)
1169.14 WAIVER.
Any person charged with a violation of any provision of this Zoning Ordinance for which payment of a prescribed fine may be made, may pay such sum in the manner prescribed on the issued sign ticket. Such payment shall be deemed a plea of guilty, waiver of court appearance and acknowledgment of conviction of the alleged offense and may be accepted in full satisfaction of the prescribed penalty for such alleged violation.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
1169.99 PENALTY.
Violation of any provision of this Zoning Ordinance or any amendment or supplement thereto, or failure to comply with any of the requirements of this Zoning Ordinance shall constitute a minor misdemeanor. Except as otherwise provided herein, any person, firm or corporation violating any of the provisions of this Zoning Ordinance, or any amendment or supplement thereto, shall upon conviction be fined according to the amounts set forth in Ordinance No. 13-12, passed August 9, 2012.
Illegal signs are subject to confiscation by the City and will not be returned to the owners until all penalties are satisfied; unclaimed signs shall be held for thirty (30) days and then disposed of as surplus property.
Each day of continuation of any violation under this Zoning Ordinance shall be a separate offense.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)