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Vermilion City Zoning Code

CHAPTER 1262

Administration, Enforcement and Penalty

1262.01 COMPLIANCE REQUIRED.

   Except as hereinafter provided, no building or part thereof shall be moved, erected, located, converted, enlarged, reconstructed or altered, unless in conformity with the regulations herein specified for the district in which it is located.
   No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or inner or outer courts than is specified herein for the district in which such building is located.
   No part of a yard or other open space about any building which is required for the purpose of complying with the provisions of this Zoning Code shall be included as a part of a yard or other open space similarly required for another building.
   Every building hereafter erected or structurally altered shall be located on a lot as herein defined.
   The City shall be exempted from limitations or restrictions imposed by this Zoning Code on the use of any land or structure.
   Essential services, electrical substations, gas regulator stations, telephone exchange buildings, public utility buildings, municipal buildings and equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by a public utility or Municipal department or commission for the public health, safety or general welfare, shall be permitted as authorized or regulated by law and other ordinances of the City in any use district, it being the intention hereof to except such erection, construction, alteration and maintenance from the application of this Zoning Code.
(Ord. 66-103. Passed 12-19-66.)

1262.02 ADMINISTRATIVE OFFICER.

   The duty of administering and enforcing the provisions of this Zoning Code is hereby conferred upon the City Building Inspector, herein referred to as the Administrative Officer. (Ord. 66-103. Passed 12-19-66.)

1262.03 RECORDS; COPIES OF PERMITS.

   The Administrative Officer shall keep or cause to be kept a record in regard to any decision, determination or conclusion reached by him in connection with the enforcement of this Zoning Code. It shall also be his duty to keep records of all applications for building permits, certificates of occupancy and the actions taken thereon. A copy of a building permit or an occupancy permit issued shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. (Ord. 66-103. Passed 12-19-66.)

1262.04 BUILDING PERMITS; CERTIFICATES OF OCCUPANCY.

   (a)   No excavation for a foundation, or erection, construction or structural alteration of any structure or part of a structure, or occupancy of streets or alleys with building materials or temporary structures for construction purposes, shall be undertaken until a building permit therefor has been issued by the Administrative Officer.
   (b)   All applications for building permits shall be accompanied by a plat, drawn to scale, showing actual dimensions of the lot to be built upon, the size and location of each building to be erected on each lot and such other information as may be necessary to enable the Administrative Officer to determine that the proposed structure and use will conform to the provisions of this Zoning Code.
   (c)   All applications for building and zoning permits shall contain the following property owner certification language: I certify that I am the property owner or authorized designee for the property owner. The above information is accurate, and all work will be performed only by the property owner or a contractor(s) properly registered with the City of Vermilion Building Department. Furthermore, the property owner is responsible for compliance with all deed restrictions and/or easements which may exist on their property.
   (d)   No building or structure shall be constructed, moved, altered, added to or enlarged, and no excavation or foundation shall be made, in any subdivision in which the street on which the same is proposed to be done, and the facilities for storm water drainage, sanitary sewer lines, water lines, gas mains (if needed), pavement, curbs and gutters, have not been constructed, installed and approved in accordance with the Subdivision Regulations, except that building permits for such buildings and structures for which applications have been made prior to the effective date of Ordinance 73-66, passed July 23, 1973, shall be issued if otherwise in compliance with City ordinances.
   (e)   An occupancy permit, either for the whole or a part of a new building or for alteration of an existing building, shall be applied for and shall be issued within ten days after written request for the same has been made to the Administrative Officer after the erection or alteration of such building or part has been completed in conformity with the provisions of this Zoning Code.
   (f)   Except where a nonconforming use is already a matter of public record, a like certificate shall be issued for the purpose of maintaining a nonconforming use existing at the time of the passage of this Zoning Code (Ordinance 66-103, passed December 19, 1966) and such certificate shall state that the use does not conform with the provisions of this Zoning Code. For the purpose of complying with this requirement, the Administrative Officer shall mail such certificate to the occupants or owners of all such property within six months after the passage of this Zoning Code.
(Ord. 2018-64. Passed 10-22-18.)

1262.05 FEES.

   (a)   Fees for occupancy and building permits shall be as prescribed by Council by ordinance. (Ord. 66-103. Passed 12-19-66.)
   (b)   Zoning certificate fees shall be charged for as follows:
      Commercial/industrial, new            $1,750 deposit
      Commercial/industrial, remodeling/additions       $750 deposit
   (c)   Additional funds must be deposited anytime the review fees submitted fall below 25% of the original required amount. The additional funds must be equal to 50% of the original required amount.
   (d)   Any funds remaining after all review costs have been deducted shall be refunded to the applicant upon completion of all reviews and approval of the project.
(Ord. 2009-8. Passed 3-16-09; Ord. 2023-6. Passed 2-6-23.)

1262.06 VOIDANCE OF CERTIFICATES OF OCCUPANCY.

   If a use, occupancy or operation should at any time fail to comply with the ordinances of the City or conditions of an occupancy permit and any such failure to comply continues beyond a time fixed by the Administrative Officer to cure such default, the occupancy permit shall become void and all rights thereunder shall terminate and the continuance of the use, occupancy or operation under such certificate shall cease. (Ord. 66-103. Passed 12-19-66.)

1262.07 ZONING CERTIFICATES AND SITE PLAN REQUIRED FOR INDUSTRIAL AND COMMERCIAL DEVELOPMENTS.

   (a)   In all commercial and industrial developments, including erections, constructions, remodelings or structural alterations, all persons undertaking the same as owner or primary contractor shall secure, in addition to a State building permit, a City zoning certificate to be issued by the Building Inspector. The primary purpose for such zoning certificates within commercial and industrial areas shall be to ensure the City that such development and land improvements comply with lawful enactments governing permitted land usages and site location regulations, including, but not limited to, size and area of rear yards, side yards and front yards, parking highway setbacks, sidewalks, utility locations, driveways and accessways, curb cuts, screenings, etc., as established by Council, and to prevent mistakes and misunderstandings based upon the issuance of a State building permit which does not address itself to lawful local requirements.
   (b)   All applicants for zoning certificates shall first apply for site plan approval from the Planning Commission according to the following procedures, requirements and standards:
(1)   Intent.
         A.   It is the intent of this procedure to provide an opportunity for the Planning Commission to review the proposed use of a site in relation to drainage, pedestrian and vehicular circulation, off-street parking, public and private utilities, landscaping, access for vehicles (including ambulances and fire-fighting equipment) and other site design elements which may have an adverse effect upon the public health, safety and general welfare, as well as to provide for the best interests of the property owner.
         B.   Site development plans for proposed projects shall be submitted to and reviewed by the Planning Commission in two stages:
            1.   Pre-application procedure;
            2.   Submission of site development plans and building elevations of the proposed building.
               (Ord. 90-11. Passed 3-19-90.)
(2)   Review and approval of plans.
         A.   No zoning certificates shall be issued and no building shall be permitted upon land within a B-1, B-2, B-3, B-4, I-1, I-2, I-U or FP District, or any commercial or industrial development within a Residential District, until the site development plans have been approved by the Planning Commission. Prior to the granting of the zoning certificate, the Building Inspector shall receive from the Planning Commission a signed copy of the approved final site development and building plans.
            (Ord. 2017-44. Passed 11-6-17.)
         B.   The Planning Commission may approve the plans as submitted, amend or disapprove the plans. The Commission may impose such reasonable conditions as necessary upon its approval, including the recording of covenants.
         C.   The Secretary of the Planning Commission shall be notified at least ten working days preceding the regularly scheduled Planning Commission meeting by the developer of his or her intent to submit the site development plan and building plans.
         D.   The Commission shall review and take action upon the plans submitted within thirty days, or within such further time as the applicant may agree to. Upon completion of the review, the action of the Commission shall be noted on two copies of all submitted plans, referenced and attached to any condition determined necessary for approval, the copy shall be retained by the Commission and filed with the records of the City, and the other returned to the applicant.
         E.   Upon approval of the submitted plans, the signature of the Chairman of the Planning Commission or the Secretary shall be affixed to all documents. A zoning certificate may then be issued. If the Commission determines that a plan should be disapproved and that a zoning certificate cannot be issued, the Commission shall forthwith spread upon its records the reasons for such determination and shall transmit to the applicant an attested copy of the reasons and recommendations thereon.
         F.   Approval of plans shall be conditional upon compliance with all other applicable statutes, ordinances, resolutions and regulations of the City and State of Ohio.
         G.   Prior to approval of plans, the Planning Commission shall request, in writing, a review of the proposed plan by the City Engineer, Utilities Director, Service Director and Safety Director.
(3)   Scope of zoning certificate. Zoning certificates issued on the basis of submitted material, including site development plans, authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and any other use, arrangements or construction, at variance with that authorized, shall be deemed a violation of this chapter, punishable as provided in Section 1242.99. When any of the terms, conditions or restrictions upon which approval was granted are not being followed, the Planning Commission may rescind and revoke such approval.
(4)   Preapplication procedure.
         A.   The applicant shall meet with the Planning Commission prior to the submission of the site development plans. The purposes of this meeting are to discuss early and informally the intent and effect of these regulations and the criteria and standards contained in the applicable zoning district regulation.
               Generalized conceptual plans in sketch form may be submitted. They should indicate the types of units to be used; approximate location of all buildings; type and location of parking facilities; access points and location of public and private streets; and location type and approximate acreage of all open spaces.
         B.   The Planning Commission shall discuss with the developer the changes, if any, that will be required and the procedure for submitting the site development plan. The Commission's approval of this stage should indicate a general willingness to approve the proposed development in principle, if the applicant meets the necessary requirements contained in the applicable district regulations and any and all additional requirements and conditions imposed by the Commission.
(5)   Submission of site development plans.
         A.   After the preapplication procedure, the applicant shall submit site development plans to the Planning Commission. These plans shall conform with all requirements set forth herein. Five copies of the plans shall be submitted.
         B.   The following shall be submitted on one or more drawings as needed:
            1.   Survey plat. The survey plat shall be prepared by an engineer or surveyor registered in the State of Ohio and must be affixed with the registration seal of such surveyor. The survey plat shall contain the following information:
                           a.   A vicinity map drawn to scale showing the location of the project within the City, dedicated streets, easements, proposed lots and the location of the perimeter boundary of the area included in the application;
                           b.   A boundary survey or boundary map containing a point of reference to a permanent monument or the centerline intersection of two public street rights of way, showing the dimensions and bearings of the property lines, site acreage, a legal description of the property and proposed stages;
                           c.   A topographic survey of all land within the proposed development showing two-foot contours or less as required by the Planning Commission in order to delineate the character of land within the proposed project;
                           d.   Drawings indicating all significant features of the site, including wooded areas, existing buildings and structures, dedicated streets and ways, utility lines and easements, water and sewer lines, watercourses and drainage channels, significant historic structures and similar land features;
                           e.   The name, address and telephone number of the surveyor making the survey and the date of the survey.
            2.   Site development plans. The site development plans shall be prepared by a professional engineer or architect registered in the State of Ohio and shall be affixed with the registration seal of such a professional. The site development plan shall contain the following information:
                           a.   The name of the development and the name, address and telephone number of the property owner, the developer and the engineer, architect or landscape architect and other individuals assisting in the preparation of the site plans; the date, north point and scale;
                           b.   The zoning classification of the site and surrounding properties;
                           c.   The location and use of all proposed buildings, indicating height, setback lines and yard areas;
                           d.   The proposed general grading and/or other methods to be used for adequate drainage control;
                           e.   The location, use and acreage of all required open spaces and access thereto;
                           f.   Pedestrian circulation features, including walks and adjoining paved areas for pedestrian use;
                           g.   The location of all public and private streets, the width of rights of way, types and widths of pavements, and the approximate location of all permanent accesses from publicly dedicated streets, roads or highways;
                           h.   The location and types of surfaces of all parking areas and loading areas, and the number of parking spaces;
                           i.   Proposed sanitary sewers, storm sewers and central water utilities, showing their connections with the existing system;
                           j.   A general landscaping plan, showing all existing trees to be retained and indicating all proposed plantings and walls, fences, paved areas, and similar structures and buffer zones;
                           k.   The location, height, orientation and square footage of free-standing signs.
(6)   Stage development. Stage development may be accomplished with the approval of the Planning Commission.
(7)   General requirements.
         A.   Amendments to the final plans may be sought by the applicant in accordance with the procedure required by this section for original approval subject to the same limitations and requirements as those under which such plans were originally approved.
         B.   In the exercise of continuing jurisdiction, the Planning Commission may, from time to time, modify the approved final plans to allow for changed circumstances and conditions unforeseen at the time of the original approval.
         C.   Approval by the Commission shall expire after a period of two years from the date of approval of the final plans.
         D.   When such development consists of exterior or interior remodeling without the changing of buildings or setbacks, the Planning Commission shall not become involved. In such cases, the matter of issuance of zoning certificates shall become an administrative matter delegated to the Administrative Officer (Building Inspector) who shall make a final determination as to whether or not to issue a zoning certificate according to the terms and conditions of this section.
(8)   Fees In order to reasonably defray the administrative services rendered by the City, a fee for zoning certificates shall be charged with the fee schedule as determined by City Council.
         (Ord. 90-11. Passed 3-19-90.)

1262.99 PENALTY; EQUITABLE REMEDIES.

   (a)   The owner or owners of any building or premises or a part thereof, where anything in violation of this Zoning Code is placed or exists, and any architect, builder or contractor who assists or participates in the commission of any such violation, and all persons who violate or fail to comply with any of the provisions of this Zoning Code, or any requirement thereof, or who build in violation of any detailed statement of plans submitted and approved thereunder, for which no penalty is otherwise provided, shall be guilty of a fourth degree misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00) ami/or up to 30 days imprisonment for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2011-14. Passed 3-21-11.)
 
   (b)   Whenever any person neglects or refuses to comply with any order of the Administrative Officer issued pursuant to the authority vested in him or her, or whenever any land or building is being used or built so as to be in violation of or not in conformity with any provision of this Zoning Code, the Administrative Officer may, at his or her discretion, request the Director of Law to institute and maintain, in the name of the Municipality, an appropriate action in equity to restrain such person from further violation of or nonconformity with this Zoning Code, or may issue an order to terminate such violation or nonconformity.
 
   (c)   The exercise of the rights and remedies granted in this section shall in no way preclude or limit the City or any other person from exercising any other right or remedy now or hereafter granted to them or either of them under the laws of the State or the ordinances of the City.
(Ord. 66-103. Passed 12-19-66.)