Wapakoneta City Zoning Code

CHAPTER 1252

Administration, Enforcement and Penalty

1252.01 PURPOSE.

This chapter sets both the powers and duties of the Zoning Administrative Officer, the Planning Commission, and City Council with respect to the administration of the provisions of this Zoning Code.

(Ord. 2010-29. Passed 7-5-10.)

1252.02 ZONING ADMINISTRATIVE OFFICER.

(a) It shall be the duty of the Zoning Administrative Officer, who shall be appointed by the Director of Public Service and Safety of Wapakoneta, to enforce this Code. The Zoning Administrative Officer from here forward shall be referred to as the Zoning Administrative Officer. It shall also be the duty of all officials and employees of the City, and especially of all members of the Police and Fire Departments, to assist the Zoning Administrative Officer by reporting to him or her upon new construction, reconstruction or land uses, or upon seeming violations.

(b) Appeals from decisions of the Zoning Administrative Officer may be made to the Board of Zoning Appeals, as provided in Chapter 1254.

(Ord. 2010-29. Passed 7-5-10.)

1252.03 RESPONSIBILITIES OF THE ZONING ADMINISTRATIVE OFFICER.

The Zoning Administrative Officer shall have the following responsibilities and powers:

(a) Enforce the provisions of this Zoning Code and interpret the meaning and application of its provisions, including both map and text.

(b) Inspect properties within the City to determine compliance with regulations and to issue violation notices when necessary.

(d) Issue zoning certificates as provided by this Code, and keep a record of same with notations of special conditions involved.

(e) Review and process plans pursuant to the provisions of this Code.

(f) Make determinations as to whether violations of this Code exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this Code.

(g) Maintain permanent and current records required by this Code, including but not limited to: the Official Zoning Map, zoning certificates, inspection documents and records of all variances, amendments, planned unit developments and conditional uses. These records shall be made available for use of the City Council, Planning Commission, Board of Zoning Appeals and to the public.

(h) Initiate the revocation of a permit or approval issued contrary to this Code.

(i) Act upon all applications within thirty days of their date of filing. A Zoning Certificate or written notification and explanation of refusal shall be issued to the applicant within said thirty days. Failure to notify the applicant of such refusal within this period shall entitle the applicant to submit his request to the Board of Zoning Appeals.

(j) Examine and refer to the Planning Commission applications for a Zoning Certificate when site plan review is required as specified in this chapter.

(k) Forward findings of fact as to alleged violations of this Code to the Law Director.

(Ord. 2010-29. Passed 7-5-10.)

1252.04 ZONING CERTIFICATES.

(a) Certificate Required; Existing Buildings.

(1) It shall be unlawful for an owner to use or to permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, altered, modified, converted or enlarged, wholly or partly, until a zoning certificate shall have been issued by the Zoning Administrative Officer. Such certificate shall show that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code. It shall be the duty of the Zoning Administrative Officer to issue a certificate, provided he or she is satisfied that the structure, building or premises, and the proposed use thereof, conform to all the requirements of this Zoning Code. No permit for excavation or construction shall be issued by the Zoning Administrative Officer unless the plans, specifications and intended use conform to the provisions of this Zoning Code.

(2) Upon written request from the owner or tenant, the Zoning Administrative Officer shall issue a Zoning Certificate for any building or premises existing at the time of enactment of this Zoning Code, certifying, after inspection, the extent and kind of use made of the building or premises, whether such use conforms to the provisions of this Zoning Code and after all other required permits have been obtained.

(b) Filing Plans. Every application for a Zoning Certificate shall be accompanied by plans in duplicate (two copies), drawn to scale in black line or blueprint, including one electronic copy in PDF format, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structure to be erected or altered; in the case of a proposed new building or structure, or proposed alteration of an existing building or structure as would substantially alter its appearance, drawings or sketches showing the front, side and rear elevations of the proposed building or structure or of the structure as this will appear after the work for which a permit is sought shall have been completed, the existing and intended use of each building or structure or part thereof, and the number of families or housekeeping units the building is designed to accommodate; and when no buildings are involved, the location of the present use and proposed use to be made on the lot and 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. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Zoning Administrative Officer, together with such zoning certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon, shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground, and approved as staked, before construction is started.

(c) Conditions Under Which Zoning Certificates are Required. A Zoning Certificate shall be required for any of the following, except as herein provided:

(1) Construction or alteration of any building, including accessory buildings.

(2) Change in use of an existing building or accessory building to a use of a different classification.

(3) Occupancy and use of vacant land.

(4) Change in the use of land to a use of a different classification.

(5) Any change in the use of a nonconforming use.

(d) Application for and Issuance of Zoning Certificate.

(1) Written application for a Zoning Certificate for the construction of a new building or for the alteration of an existing building shall be made at the same time as the application for a building permit. Said Zoning Certificate shall be issued within 30 calendar days after a complete application and fee for the same has been made to the Zoning Administrative Officer or his or her agent, provided such construction or alteration is in conformity with the provisions of this Zoning Code and copies of all other required permits are provided to the Zoning Administrative Officer or his or her agent.

(2) Written application for a Zoning Certificate for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use as herein provided, shall be made to the Zoning Administrative Officer. If the proposed use is in conformity with the provisions of this Zoning Code and all provisions of subsection (e) hereof have been met, the certificate therefore shall be issued within 30 calendar days after a complete application and fee for same has been made.

(3) At the time that an application for a Zoning Certificate is made, a fee, in an amount determined by ordinance of Council, Section 1442.12 of the City Codified Ordinances, shall be paid to the City and shall be credited to the General Fund of the City.

(e) Zoning Certificates for Nonconforming Uses. A Zoning Certificate shall be required for all lawful nonconforming uses of land or buildings created by adoption of this Zoning Code. Application for such certificate for a nonconforming use shall be filed with the Zoning Administrative Officer by the owner or lessee of the building or land occupied by such nonconforming use within two years of the effective date of this Zoning Code. It shall be the duty of the Zoning Administrative Officer to issue a certificate, at no charge, for a lawful nonconforming use, but failure to apply for such certificate for a nonconforming use, or refusal of the Zoning Administrative Officer to issue a certificate for such nonconforming use, shall not be evidence that said nonconforming use was either illegal or did not lawfully exist on the effective date of this Zoning Code.

(f) Issuance Upon False Statement. Any Zoning Certificate issued upon a false statement by the applicant shall be void. Whenever the fact of such false statement shall be established, said Zoning Certificate shall be revoked by notice in writing to be delivered to the holder of the void certificate upon the premises concerned or in some conspicuous place upon said premises. Any person who shall proceed thereafter with work or use without having obtained a new Zoning Certificate, in accordance with this Zoning Code, shall be deemed guilty of violation thereof.

(g) Failure to Commence Work. A Zoning Certificate which has been issued for which no work has commenced within six months after issuance thereof, may expire by limitation. In such case, the Zoning Administrative Officer shall review the progress of the applicant and may extend, without fee, the Zoning Certificate for an additional six months. Where work is commenced and then abandoned for one year, the Zoning Certificate may expire by limitation and the Zoning Administrative Officer or authorized representative may order the incomplete structure to be removed by the owner. If so ordered and upon failure of the owner to remove the same within one year, such owner shall be deemed guilty of violation and subject to the penalty contained in this chapter.

(Ord. 2010-29. Passed 7-5-10.)

1252.05 VIOLATIONS AND EQUITABLE REMEDIES.

(a) No person shall locate, erect, construct, reconstruct, enlarge, change, alter, modify, maintain or use any building or land in violation of any provision of this Zoning Code adopted by Council.

(b) In case 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 Zoning Code, Council, the Law Director, the Zoning Administrative Officer or any neighboring property owner who would be damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, alteration, modification, maintenance or use.

(c) The Zoning Administrative Officer shall be empowered to issue a stop work order to any person or persons found in violation of this code. Said stop work order will follow provisions of Section 1440.06 of the City Codified Ordinances.

(Ord. 2010-29. Passed 7-5-10.)

1252.06 PLANNING COMMISSION.

The Planning Commission shall be established as per Chapter 1220 of the City Codified Ordinances and shall have the following responsibilities and powers as they relate to this Zoning Code:

(a) Carry on a continuous review of the effectiveness and appropriateness of this Zoning Code and recommend such changes or amendments, to Council, as it feels would be appropriate.

(b) Hold public hearings as required by this Zoning Code, notice of which shall be given in accordance with Ohio R.C. 713.12.

(c) Initiate advisable Official Zoning District Map changes, or changes in the text of the Zoning Code where same will promote the best interest of the public in general through recommendation to Council.

(d) Review proposed zoning amendments and Planned Unit Development applications as filed by a property owner, providing recommendation to Council.

(e) Conduct site plan review for projects requiring such approval.

(f) Review and approve/disapprove conditional use applications.

(g) Review and approve/disapprove requests for determinations of similar use.

(h) Function in any further capacity as required by the Ohio Revised Code or as may be directed by Council.

(Ord. 2010-29. Passed 7-5-10.)

1252.07 CONDITIONAL USES.

Conditional use permits shall be required for types of uses designated as conditionally permitted in a particular use district. Such particular use may be permitted and desirable in certain districts, but not without consideration in each case of the effect of the use upon neighboring land and the effect the neighboring land will have on the use. The application of the planning standards for determining the location and extent of such use is a planning function, and not in the nature of a variance or appeal. Conditional use permits shall run with the land and not the applicant/owner.

(a) Conditional Use Process.

(1) The Planning Commission may hear and decide upon applications for a conditional use permit in accordance with the provisions of these regulations.

(2) In considering an application for a conditional use permit, the Planning Commission must make an affirmative finding that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of conditional uses have been met. The Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures and the consistency therewith of the proposed conditional use and any potential nuisances.

(3) No public hearing need be held by the Planning Commission in considering an application for a conditional use permit, except when the Commission deems such public hearing to be necessary in the public interest. Notice shall be given not less than ten days prior to the date of public hearing, both by posting notice on the parcel of land involved, at places which will be conspicuous to the neighboring properties and to the public, and by publishing notice in a newspaper of general circulation.

(b) Conditional Use Application. An application for a conditional use permit shall contain the following information:

(1) Completion of the required application form and required fee.

(2) The total area in the development in square feet and acres.

(3) The existing zoning of the property in question and all abutting properties.

(4) All right-of-way and any easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

(5) Existing topography with a maximum of ten foot contour intervals.

(6) The proposed finished grade of the development shown by contours not larger than five feet.

(7) The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories.

(8) Location and dimension of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, angles of stalls, grades, surfacing materials, drainage plans, and illumination of facilities.

(9) All sidewalks and other pedestrian systems.

(10) Open areas; existing and proposed.

(11) Location of all walls, fences, and buffer yards, including proposed wall, fence or buffer design or composition.

(12) Location, size, height, colors, typeset, materials, lighting, and orientation of all signs.

(13) Location of all existing and proposed streets, highways and alleys.

(14) All existing and proposed water and sanitary sewer lines indicating pipe sizes, types and grades.

(15) The schedule of phasing of the project, if applicable.

(16) Proposed plans for the exterior of the building, including building elevations, photographs and proposed finishes or materials.

(17) A statement and supporting documentation describing how the applicant believes that the request conforms to the standards for conditional uses listed in Section 1254.08(c).

(18) Such other information as required by the Planning Commission to determine the conformance with this Code.

(c) Standards for Conditional Use. The Planning Commission shall not grant a conditional use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it, that support conclusions that:

(1) The proposed conditional use is a permitted use and will comply with all applicable regulations of this Code, including lot size requirements, development standards and use limitations.

(2) Adequate utility, drainage and other such necessary facilities have been or will be provided.

(3) Adequate access roads or entrance and exit drives will be provided and will be so designed as to prevent traffic hazards and to minimize traffic conflicts and congestion to public streets and alleys.

(4) All necessary permits, and licenses for the use and operation of the conditional use have been obtained, or evidence has been submitted that such permits and licenses are obtainable for the proposed conditional use on the subject property.

(5) All exterior lights for artificial open-air illuminations are so shaded as to avoid casting direct light upon any property located in a residential district and to prevent glare that may cause a nuisance to the public.

(6) The location and size of the conditional use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets given access to it, shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

(7) The location, nature, and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use and enjoyment of adjacent land, buildings and structures.

(8) Evidence that the conditional use desired will not adversely affect the public health and safety.

(d) Conditions and Restrictions. In granting a conditional use permit, the Planning Commission may impose such conditions, safeguards and restrictions upon the premises benefitted by the conditional use as may be necessary to comply with the standards set out in this chapter to reduce or minimize potentially injurious affects of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Code.

(e) Period of Validity. A conditional use permit granted by the Planning Commission may terminate at the end of one year from the date on which the Planning Commission grants the conditional use if within a one year period a building permit or conditional use certificate is not obtained, the proposed erection or alteration of a structure has not started, or the conditional use as approved has not commenced.

(Ord. 2010-29. Passed 7-5-10.)

1252.08 CITY COUNCIL.

The powers and duties of City Council as they relate to this Zoning Code are as follows:

(a) Approve the appointment of a Zoning Administrative Officer, or his or her designee, to administer and enforce the provisions of these regulations.

(b) Approve the appointment of members of Planning Commission as regulated by the Wapakoneta Code of Ordinances.

(d) Initiate or act upon suggested amendments to the Zoning Code text or the Official Zoning District Map as per the procedures in Chapter 1256.

(e) Determine fees for permits, application review and violations. Each written application for a zoning certificate, zoning amendment, administrative appeal, conditional use permit, similar use, special permit, site plan review or variance shall be accompanied by filing fees.

(f) Provide for maintaining and keeping current the permanent records required by these regulations, including but not limited to the Official Zoning District Map, Zoning Certificate, inspections, and all official zoning actions of City Council. Such records shall be made available for use by City Council, Planning Commission, Board of Zoning Appeals, and the public.

(g) To hear and decide appeals to the decision of the Planning Commission regarding an application for site plan review.

(Ord. 2010-29. Passed 7-5-10.)

1252.99 VIOLATION AND PENALTIES.

(a) Violation.

(1) Any building that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land that is or is proposed to be used in violation of this Code or any amendment or supplement thereto, the City Council, the City Solicitor, Zoning Administrative Officer, or any adjacent or neighboring property owner who would be specifically damaged by such violation may, initiate appropriate action to prevent such activity from proceeding in violation to this Code.

(2) Whoever violates any provision of this chapter, or any amendment thereof, shall be guilty of a minor misdemeanor and may be fined as may be identified in Ohio R.C. 2929.28, Financial Sanctions - Misdemeanor. Each day an illegal erection, construction, reconstruction, enlargement, change, alteration, modification, maintenance or use continues shall constitute a separate offense.

(b) Notice of Violation. The notice of any violation of the Zoning Code shall be as follows:

(1) Whenever the Zoning Administrative Officer determines that there is a violation of any provision of this Zoning Code, a notice of such violation shall be issued. Such notice shall:

A. Be in writing;

B. Identify the violation;

C. Include a statement of the reason or reasons why the violation order is being issued and refer to the section of this Zoning Code being violated;

D. State the time by which the violation shall be corrected; and

E. Contain a statement of right of appeal or to request variance, if applicable.

(2) Service of notice of the violation shall be as follows:

A. By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of 16 years or older;

B. By Certified Mail, and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the First Class mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or

C. By posting a copy of the notice form in a conspicuous place on the premises found in violation.

(c) Civil Remedies. The City Council, on behalf of the City or any officer designated by City Council on behalf of the City may, in addition to the criminal remedies provided in this Zoning Code, file suit for injunction against any violation of this Zoning Code, or if the violation has caused damages to the City for a judgment for damages and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this Zoning Code may file suit for injunction or damages to the fullest extent provided by the law.