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Wauseon City Zoning Code

CHAPTER 1115

Permits, Penalties and Violations

1115.01 PERMIT REQUIRED.

   Excavations for building or site improvements or change in use shall not be started on buildings or structures or parts thereof shall not be erected, added to or moved until a permit has been applied for and issued by the Administrator.
   (a)   Use permits are required for the following:
      (1)   Residential, commercial and industrial construction;
      (2)   Accessory structures;
      (3)   Fences;
      (4)   Swimming pools;
      (5)   Conversion of existing dwellings;
      (6)   Parcel splits;
      (7)   Buildings to be moved;
      (8)   Parking lots;
      (9)   Driveways;
      (10)   Filling.
   (b)   Whenever a plan has been submitted by a developer as required by the Subdivision Rules and Regulations of the City of Wauseon, the preliminary plan and final plan of the development area shall have been approved by the Planning Commission before a zoning permit may be issued by the Administrator.
   (c)   Permits for the construction of a building or land improvement or change in use may be issued by the Administrator only if the work described in an application or the proposed use clearly complies with all provisions of this Zoning Code and other ordinances of the City. The Administrator shall not have the power to grant variances, make exceptions, or grant conditional or similar use permits, except at the direction of Board of Zoning Appeals or Planning Commission as provided in this Zoning Code.
   (d)   A permit for a building or use requiring a conditional use permit shall not be issued until such permit has been applied for and issued by the Administrator in accordance with the provisions of this Chapter.
   (e)   A permit for a building or use requiring a similar use permit shall not be issued until such permit has been applied for and issued by the Administrator in accordance with the provisions of this chapter.
      (Ord. 1989-81. Passed 1-2-90.)
 

1115.02 CONTENTS OF PERMIT APPLICATION.

   The application for a permit shall be signed by at least one owner of the property for which the permit is sought attempting to the truth and exactness of all information supplied on the application. At a minimum, each application shall contain the following information when applicable:
   (a)   Name, address and phone number of applicant;
   (b)   Legal description of property;
   (c)   Existing use;
   (d)   Proposed use;
   (e)   Zoning district;
   (f)   Plans, showing on a map, drawn to a standard engineering scale, 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 alteration;
   (g)   Building heights;
   (h)   Number of off-street parking spaces or loading berths;
   (i)   Number of dwelling units;
   (j)   For similar or conditional use permit applications, the following additional information must be provided:
      (1)   In lieu of item (f) above, a site plan showing all buildings, parking and loading areas, traffic access and circulation, utilities, signs and landscaping at a scale sufficient to permit study of all elements of the plan. Typical elevations and floor plans of the building must be provided. In addition, the proposed site and/or planned development shall show all adjacent properties, including existing building, located within two hundred feet of the proposed side in the same block. The plans shall meet the required standards and designs and indicate no adverse effects which may cause injury to adjoining property or the City as a whole. Plans so approved shall regulate the development on such premises, unless modified in the same manner as the plans were originally approved. Such review is necessary to secure property relationships between parking areas, access drives, abutting public thoroughfares, landscaping, building, siding and open space. The Planning Commission may require other information to determine if the proposed use meets the intent and requirement of this Zoning Code.
      (2)   A narrative statement evaluating the economic effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.
   (k)   Such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Zoning Code and the City Building Code.
      (Ord. 1989-81. Passed 1-2-90.)

1115.03 APPROVAL OF PERMIT ISSUED BY ADMINISTRATOR.

   Except as otherwise provided with respect to applications requiring action by the Board of Zoning Appeals or the Planning Commission, within thirty days after the receipt of an application, the Administrator shall either approve or disapprove the application. Plans submitted as part of the application shall be retained by the City. The Administrator shall issue a placard, to be posted in a consicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Zoning Code and the City Building Code. Such permit shall clearly state the expiration date and may be revoked for any violation of this Zoning Code or the City Building Code.
(Ord. 1989-81. Passed 1-2-90.)

1115.04 WITHHOLDING PERMITS.

   No permit shall be issued for a one, two or three family building unless the residential lot shall comply with the following:
   (a)   Abut upon a public street;
   (b)   The utilities, pavement and all other required improvements have been constructed or their construction guaranteed;
   (c)   The lot is located in a duly recorded subdivision approved by the Planning Commission or no plat is required;
   (d)   The lot is subdivided in accordance with the provisions of the Subdivision Rules and Regulations of the City of Wauseon and conform with the requirements of this Zoning Code.
      (Ord. 1989-81. Passed 1-2-90.)

1115.05 EXPIRATION OF PERMIT.

   If the work or use described in any permit has not yet begun within six months from the date of issuance thereof, the permit shall expire. If the work described in any permit has not been substantially completed within such expiration date of permit, the permit shall expire and be revoked by the Administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed until a new permit has been obtained or an extension granted by the Administrator.
(Ord. 1989-81. Passed 1-2-90.)

1115.06 FAILURE TO OBTAIN A PERMIT.

   Failure to obtain any required permit shall be a violation of this Zoning Code, and punishable under Section 1115.17.
(Ord. 1989-81. Passed 1-2-90.)

1115.07 USE TO BE APPROVED IN PERMITS.

   Permits issued on the basis of applications approved by the Administrator or if appropriate the Planning Commission or Board of Zoning Appeals authorize only the use, plans, or arrangement set forth in such applications or amendments thereto, and any other use, arrangement or construction at variance with that authorized shall be deemed in violation of this Zoning Code, and punishable as provided in Sections 1115.17 and 1115.99.
(Ord. 1989-81. Passed 1-2-90.)

1115.08 SUBMISSION TO STATE DIRECTOR OF TRANSPORTATION.

   Before any permit is issued affecting any land within three hundred feet of the center line of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Director of Transportation or any land within a radius of five hundred feet from the point of intersection of such center line with any public road or highway, the Administrator shall give notice, by registered or certified mail to the State Director of Transportation. The Administrator shall not issue a permit for one hundred twenty days from the date notice is received by the State Director of Transportation. If the State Director of Transportation notifies the Administrator that he shall proceed to acquire the land needed, the Administrator shall refuse to issue the permit. If the State Director of Transportation notifies the Administrator that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty day period or any extension thereof agreed upon by the State Director of Transportation and the property owner, the Administrator shall, if the application is in conformance with all provisions of this Zoning Code, issue the permit.
(Ord. 1989-81. Passed 1-2-90.)

1115.09 SIMILAR USE PERMITS.

   All applications for permits for a building or use not specifically listed as a principal or accessory permitted use or conditional use in any of the districts shall be submitted to the Planning Commission. Such applications shall be considered in relation to the following criteria:
   (a)   That such use is not listed in any other district or permitted or conditional use;
   (b)   That such use is more appropriate and conforms to the basic characteristics of the district to which it is to be added than to any other district;
   (c)   That such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the district to which it is to be added;
   (d)   That such a use does not create traffic to a greater extent than the other uses listed in the district to which it is to be added.
      (Ord. 1989-81. Passed 1-2-90.)

1115.10 CONDITIONAL USE PERMITS.

   Conditional use permits required for certain uses in each district shall be submitted to the Planning Commission.
(Ord. 1989-81. Passed 1-2-90.)

1115.11 ADDITIONAL CRITERIA FOR CONDITIONAL OR SIMILAR USE PERMITS.

   In addition to the specific requirements listed for each use in each zoning district, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing such at the proposed location the proposed use:
   (a)   Will be harmonious with and in accordance with the general objectives, or with any specific objective of the City's Comprehensive Plan and/or Zoning Code;
   (b)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character in the general vicinity and that such use will not change the essential character of the same area;
   (c)   Will not be hazardous or disturbing to existing or future neighboring uses;
   (d)   Will be served adequately by essential public facilities and services such as highway, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately such services;
   (e)   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
   (f)   Will not involve uses, activities, processes, materials, equipment and conditions of operations that will be detrimental to any persons, property or other general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
   (g)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads;
   (h)   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
      (Ord. 1989-81. Passed 1-2-90.)

1115.12 PROCEDURE FOR CONSIDERING CONDITIONAL OR SIMILAR USE APPLICATIONS.

   (a)   The Planning Commission shall hold a public hearing within twenty days from the receipt of the application for a conditional or similar use permit.
   (b)   Before holding the public hearing, notice of such hearing shall be given in one or more newspapers of general circulation of the City at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed conditional or similar use.
   (c)   Within thirty days after the public hearing, the Planning Commission shall either approve, approve with supplementary conditions as specified or disapprove the application as presented. If the application is approved or approved with modifications, the Planning Commission shall direct the Administrator to issue a conditional use or similar use permit lifting the specific conditions specified by the Planning Commission for approval. If the application is disapproved by the Planning Commission, the applicant may seek relief through the Court of Common Pleas.
   (d)   A conditional use or similar use permit shall be deemed to authorize only one particular use and the permit shall automatically expire if for any reason the use ceases for more than one year.
(Ord. 1989-81. Passed 1-2-90.)

1115.13 INJUNCTION.

   In the event any building or structure is being or has been erected, constructed, altered, repaired, razed or maintained in violation of the provisions of this Zoning Code, or there is an imminent threat of violation, the City or the owner of any contiguous or neighboring property who would be especially damaged by such violation may institute and maintains in addition to any other remedies provided by law, a suit in the Court of Common Pleas of Fulton County for injunction to terminate or prevent such violation as a public nuisance.
(Ord. 1989-81. Passed 1-2-90.)

1115.14 TRANSFER OF COMMON LAND PROHIBITED.

   When common land, a street, recreation area, park or other open land has been set aside, with the approval of the Planning Commission, for the exclusive use in common by abutting or other owners or occupants of land, the sale, transfer or change of use of such land or any part thereof is prohibited unless the Planning Commission has given its prior consent thereto, which shall be confirmed by action of the City Council. Whoever willfully violates this Section shall forfeit and pay to the City of Wauseon a civil penalty of $1,000.00. Such sum shall be recovered, with costs and actual damages, if any, in an action brought by the Law Director in the name of the City of Wauseon, and for the use thereof.
(Ord. 1989-81. Passed 1-2-90.)

1115.15 SCHEDULE OF FEES.

   City Council shall establish a schedule of fees, charges and expenses and a collection procedure for permits, appeals and other matters pertaining to this Zoning Code. The schedule of fees shall be posted in the office of the Administrator and the Department of Zoning, Building and Housing and may be altered or amended only by City Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 1989-81. Passed 1-2-90.)

1115.16 COMPLAINTS REGARDING VIOLATIONS.

   Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint fully stating the basis thereof shall be filed with the Administrator. The Administrator shall maintain a record of such complaints and shall immediately investigate and take action thereon as provided herein.
(Ord. 1989-81. Passed 1-2-90.)

1115.17 VIOLATIONS.

   Any person who:
   (a)   Uses or occupies any land or place, builds, erects, alters, remodels, restores or rebuilds thereon any building or structure, or permits any building or structure to remain on such land or uses, occupies or operates such building or structure in any way or for any use or purpose which is not permitted by the provisions of this Zoning Code;
   (b)   Aids, assists, or participates with any person placing, building, erecting, altering, remodeling, restoring or rebuilding any building or structure which is not permitted by the provisions of this Zoning Code;
   (c)   Violates or fails to perform any condition, stipulation or safeguard set forth in any permit issued pursuant to this Zoning Code or continues to use or occupy any premises or building as previously authorized by such permit beyond the duration limit therein stated;
   (d)   Fails to comply with an order of the Administrator within the time period set forth in such order;
   (e)   Knowingly makes any materially false statement of fact in an application to the Administrator for a permit or in any plans or specifications submitted in relation to any application under this Zoning Code;
   (f)   As an owner or lessee of any premises, knowingly suffers or permits a violation of this Zoning Code to occur or exist on such premises;
   shall be charged with a violation of this Zoning Code for each such action or omission.
(Ord. 1989-81. Passed 1-2-90.)

1115.99 PENALTIES.

   Whoever violates this Zoning Code or fails to comply with any of its requirements, including violations of conditions and safeguards established in various sections of this Zoning Code, shall be charged with failure to comply with this Zoning Code. The first violation shall constitute a minor misdemeanor punishable by a fine of a sum not to exceed $100.00. Any person convicted of a subsequent offense under this Zoning Code within two years from the date of a prior conviction is guilty of a misdemeanor, punishable by a fine not to exceed $500.00. Each day such offense occurs or continues shall constitute a separate offense.