Woodville City Zoning Code
TITLE THREE
Administration and Enforcement
1151.01 RESPONSIBILITIES OF THE ZONING INSPECTOR.
For the purposes of administering and enforcing this Zoning Ordinance, the Zoning Inspector shall have the following duties:
(a) Develop and distribute applications for all permits, certificates appeals, amendments, etc., which are necessary for effective administration of this Zoning Ordinance;
(b) Approve or deny applications for zoning certificates upon determination of compliance with this Zoning Ordinance. A zoning certificate, or a written notification and explanation of noncertification shall be issued to the applicant within ten working days of the date of filing. Failure to notify the applicant within this time period shall constitute grounds for submittal of the application for certification to the Board of Zoning Appeals as a variance;
(c) Interpret the requirements of the text and map of the Zoning Ordinance, where there are questions in the interpretation. The Zoning Inspector may consult the necessary Village staff, the Sandusky County Regional Planning Commission and the Solicitor to clarify such questions;
(d) Determine whether a use is in compliance, or in violation of the Zoning Ordinance. Where a violation does exist, the Zoning Inspector shall notify the owner in writing, specifying the exact nature of the violation and identifying the measure necessary to correct the violation; including, but not limited to, a stop work order;
(e) Conduct inspections of buildings, structures and uses of land to determine compliance with this Zoning Ordinance;
(f) Maintain and keep current the permanent records required by the Zoning Ordinance including but not limited to the official Zoning Map, zoning certificates, zoning inspection and all official zoning actions of Council. Such records shall be made available for use by Council, the Planning Commission, the Board of Zoning Appeals and the general public;
(g) Institute injunction, mandamus, abatement or any other appropriate actions or proceedings to prevent, enjoin, abate or remove the unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use;
(h) Prepare and submit reports concerning the administration and enforcement of the Zoning Ordinance to Council upon request.
(Ord. 13-87. Passed 7-27-87.)
1151.02 RESPONSIBILITIES OF THE BOARD OF ZONING APPEALS.
(a) Membership. The Board of Zoning Appeals shall consist of five members appointed by Council. Council shall designate one such member as Chairperson. The Chairperson shall be a qualified person who has experience or background in dealing with zoning concepts, zoning laws and procedures. Members shall be paid a monthly salary as determined by Council.
(b) Organization and Procedure. The Board shall organize annually to elect a Vice-Chairperson. It shall further adopt rules for its own government including voting procedures not inconsistent with law or any other ordinance of the Village to carry into effect the provisions of this Zoning Ordinance.
(1) Meetings of the Board shall be open to the public and the media notified.
(2) Three members of the Board shall constitute a quorum. The Board shall act by resolution and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector or to decide in favor of any applicant or to grant any variance from the requirements stipulated in this Zoning Ordinance.
(3) The Board may call upon the various departments of the Village for assistance in the performance of its duties, and it shall be the duty of the department to render such assistance to the Board as required.
(c) Duties.
(1) To consider appeals from the decisions made by the Zoning Inspector where it is alleged that there is an error in any order, requirement, decision, interpretation or determination;
(2) To grant variances from the terms of this Zoning Ordinance that maintain its intent and will not be contrary to public interest where, owing to special conditions, literal enforcement of this Zoning Ordinance will result in unnecessary hardships and so the spirit of this Zoning Ordinance shall be observed;
(3) Permits for home occupations and conditional use may be authorized where the proposal is in compliance with the criteria identified throughout this Zoning Ordinance and where such additional conditions and safeguards can be specified as will uphold the intent of this Ordinance;
(4) Appellate jurisdiction relative to appeals and variances, and original jurisdiction on applications for conditional uses and home occupations;
(5) To provide, as requested by the Zoning Inspector, input and/or recommendations concerning the interpretation of the administrative requirements and enforcement procedures of this Zoning Ordinance;
(6) To cause a record to be made of all its proceedings, setting forth the reasons for its decisions. Such record, immediately following the Board's decisions shall be filed in the offices of the Board and the Planning Commission and shall be open to the public;
(7) The Board of Zoning Appeals shall have the authority to issue cease and desist orders to issue tear-down notices.
(Ord. 13-87. Passed 7-27-87.)
1151.03 RESPONSIBILITIES OF THE PLANNING COMMISSION.
(a) Membership. Five members which shall consist of the Mayor, one member of Council and three citizens appointed by the Mayor for terms of six years.
(Ord. 29-2001. Passed 8-20-01.)
(b) Organization and Procedure. The Commission shall organize annually to elect a Chairperson and a Vice-Chairperson. It shall further adopt rules for its own government not inconsistent with law or with any other ordinances of the Village to carry into effect the provisions of this Zoning Ordinance.
(1) Meetings of the Commission shall be open to the public.
(2) Three members of the Commission shall constitute a quorum.
(3) The Commission may call upon the various departments of the Village for assistance in the performance of its duties, and it shall be the duty of the departments to render such assistance to the Commission as required.
(c) Duties.
(1) Prepare and monitor the Zoning Ordinance for the purpose of promoting the interest of the public in general and to review and recommend map and/or text amendments considered necessary and appropriate to update the Zoning Ordinance;
(2) Initiate amendments to the Zoning Ordinance text and/or official Zoning District Map;
(3) Review planned unit development concept plans;
(Ord. 13-87. Passed 7-27-87.)
(4) Approve, modify or disapprove the planned unit development, site development plans or minor subdivisions (lot splits);
(Ord. 29-2001. Passed 8-20-01.)
(5) Approve, modify or disapprove multi-family residential development site plans;
(6) Approve, modify or disapprove plans for mobile home parks;
(7) Require and hold public hearings concerning matters that come before the Planning Commission;
(8) Maintain an up-to-date copy of the text and map on permanent display in the City Hall; and
(9) Cause a record to be made of all its proceedings, setting forth its reasons for its decision. Such records shall be filed in the offices of the Planning Commission and shall be open to public inspection.
(Ord. 13-87. Passed 7-27-87.)
1151.04 RESPONSIBILITIES OF COUNCIL.
(a) Council shall:
(1) Appoint four members and one chairperson to the Board of Zoning Appeals;
(2) Act upon amendments as they are transmitted to Council;
(3) Approve, modify or disapprove planned unit development concept plans;
(4) Decide on appeals from the Board of Zoning Appeals; and
(5) Establish fee schedules for the required permits, certificates, etc.
(b) Council may:
(1) Initiate amendments to this Zoning Ordinance; and
(2) Institute injunction, mandamus, abatement or any other appropriate actions or proceedings to prevent, enjoin, abate or remove the unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 13-87. Passed 7-27-87.)
1155.01 PROCEDURE FOR OBTAINING A ZONING CERTIFICATE.
(a) Zoning Certificate Required. No person, firm or corporation shall locate, erect, construct, reconstruct, enlarge or structurally alter any building, accessory building, utility building or structure within the Village or change the use of the building or land without having first obtained an approved zoning certificate.
(b) Application. Applications for a zoning certificate are available at the office of the Zoning Inspector; and when completed are to be filed at the office of the Zoning Inspector. Each application shall include the following:
(1) Name, address and telephone number of the applicant;
(2) Two copies of a scale drawing showing the actual shape and dimensions of the lot to be built upon, or to be changed in use, in whole or in part;
(3) The location of the lot, its current use(s), and the zoning district in which it is located;
(4) The location on the lot, the lot coverage and the height of any building or structure to be erected or altered;
(5) The use proposed for each building, structure or area;
(6) The number of dwelling units, commercial uses and industrial uses each building is designed to accommodate, if applicable;
(7) The required fee; and
(8) Other information as requested by the Zoning Inspector for the effective administration of the Zoning Ordinance.
(c) Time Limit. If the zoning certificate is issued for the purpose of constructing a new building or structure and such construction is not begun within a six-month period, then the zoning certificate shall be null and void. The permit shall be conspicuously posted on the premises affected by such permit during the construction time. The permit may be valid for six months after the date of issuance or until completion of the project within one year after such date.
(Ord. 13-87. Passed 7-27-87.)
1155.02 GENERAL FEE SCHEDULE.
(a) Application Fee Schedule For Planning and Zoning Issues:
(1) | New construction of Single-Family Dwelling (Residential with or without garage) | $75.00 | |
(2) | A. | Additions or major alteration to Single- Family Dwelling (Residential) including garage | 30.00 |
B. | Sheds, fences, decks, in ground or above ground pools | 10.00 | |
(3) | New construction of Two-Family Dwellings | 150.00 | |
(4) | New construction of Multi-Family Dwellings | 50.00/ Unit | |
(3 or more units) | $2,500- Maximum | ||
(5) | A. | Additions or major alterations to Multi-Family Dwellings (Residential) including garage | 30.00/Unit |
(2 or more units) | $2,500 Maximum | ||
B. | Sheds, fences, decks, in ground or above ground pools | 10.00 | |
(6) | New construction of commercial, business/ professional, industrial, and institutional | 100.00 | |
(7) | A. | Additions or major alterations to commercial, business/ professional, industrial and institutional | 100.00 |
B. | Sheds, fences, decks, and in ground or above ground pools | 30.00 | |
(8) | Signs (outdoor permanent fascia, wall, freestanding, pole) | 30.00 | |
(9) | Application for flood plain development permit for One and Two Family Residential | 50.00 | |
(10) | Application for flood plain development permit for Multi-Family Residential, business/professional, commercial, industrial, and institutional | 150.00 | |
(11) | Application for lot split | $30.00Minimum, $10.00/Lot | |
(12) | Application for amendment to Planning and Zoning Code | 150.00 | |
(13) | Application to Zoning Board of Appeals for variance | 150.00 | |
(14) | Application to Zoning Board of Appeals for Conditional Use Permit | 150.00 | |
(15) | For all applications for permits, variances, amendments, etc., to Zoning Board of Appeals or Planning Commission the applicant shall be charged for actual administrative costs incurred if those costs exceed the fees as set forth herein. | ||
APPLICATION FEES SHALL BE PAYABLE UPON FILING OF ZONING APPLICATION
WATER, SEWER AND ELECTRIC FEES DUE TEN DAYS
AFTER ISSUANCE OF PERMIT.
AFTER ISSUANCE OF PERMIT.
Underground Electric will be invoiced upon completion of installation.
Temporary Electric $50.00
Applicant must apply for permission in person, to Council, for curb cut at no cost.
(b) Engineering Technical Review Fee Schedule for Site Planning and Zoning Issues:
(1) | Residential Subdivision - Single-Family Dwelling and/or Two-Family Dwelling: | ||
A. | Preapplication/Conceptual Plan Review | $200.00 | |
B. | Preliminary Plan Review | 200.00 | |
C. | Final plat and detailed construction plan review (each phase) | ||
Minimum | 800.00 | ||
Per-Lot/Phase | 50.00 | ||
Maximum | 2,800.00 | ||
Cost of inspection/testing shall be at the Developers expense | |||
(2) | Multi-Family Residential Development: | ||
A. | Preapplication/conceptual plan review | 200.00 | |
B. | Preliminary plan review Minimum | 500.00 | |
C. | Final plan review (each phase) $500.00 Minimum-Per | ||
Unit/Phase 25.00 | |||
Cost of inspection/testing shall be at the Developers expense | |||
(3) | New construction of commercial, business/professional, industrial, and institutional: | ||
A. | Preapplication/conceptual site plan review | 200.00 | |
B. | Preliminary plan/final site plan review | 700.00 | |
Cost of inspection/testing shall be at the Developers expense | |||
(4) | Additions or major alterations to commercial, business/ professional, industrial, and institutional: | ||
A. | Preapplication/conceptual review | 200.00 | |
B. | Preliminary plan/final plan review | 700.00 | |
Cost of inspection/testing shall be at the Developers expense | |||
(5) | Lot split review if deemed necessary by Planning Commission | ||
Minimum | 150.00 | ||
Per-Lot Created | 75.00 | ||
Maximum | 400.00 | ||
(6) | Review for variance from Zoning Ordinance at time and expense as determined by the Zoning Board of Appeals | ||
(7) | Review for flood plain development permit at time and expense if deemed necessary by Flood Zone Administrator | ||
(8) | Review for Conditional Use Permit if deemed necessary by Zoning Board of Appeals | 150.00 | |
(9) | Review amendment to the Planning and Zoning Code if deemed necessary by the Planning Commission | ||
Per Amendment | 150.00 | ||
Maximum | 400.00 | ||
(10) | In all reviews completed for Zoning Board of Appeals or Planning Commission the applicant shall be charged for actual costs incurred if those costs exceed the fees as set forth herein. | ||
ALL FEES SHALL BE PAID AT THE TIME OF APPLICATION
FOR REVIEW AND/OR APPROVAL
FOR REVIEW AND/OR APPROVAL
(Ord. 18-2001. Passed 7-2-01.)
1159.01 INTENT OF ADMINISTRATIVE APPEAL; VARIANCE.
(a) Administrative Appeal. The administrative appeal procedure is instituted to allow any person or any official of the Village, aggrieved by a decision of the Zoning Inspector during the administration or enforcement of this Zoning Ordinance, the opportunity to have the Board of Zoning Appeals review that decision. The Board shall determine whether or not the decision was in conformance with the Zoning Ordinance.
(b) Variance. The variance procedure is instituted to allow the Board of Zoning Appeals the authority to grant a variation from the requirements of the Zoning Ordinance as will not be contrary to the public interests and where owing to special conditions, a literal enforcement of these provisions would result in an unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit.
(Ord. 13-87. Passed 7-27-87.)
1159.02 PROCEDURE FOR PRESENTING AN APPEAL OR AN APPLICATION FOR A VARIANCE.
(a) To initiate either procedure, the Zoning Inspector or the person authorized to administer the provisions of the Zoning Ordinance shall have taken an action involving the administration or enforcement of this Ordinance.
(1) Administration appeal. An administrative appeal may be filed only if the following conditions are met:
A. The Zoning Inspector has decided to issue or deny a certificate; that an activity is in violation of this Zoning Ordinance; that a certificate is or is not required; or any similar decision.
B. The appeal is based upon an interpretation of the requirements of this Zoning Ordinance.
C. The party filing the appeal is an official or citizen of the Village who believes that the interpretation is in error.
D. The appeal has been filed within ten days after the decision.
(2) Variance. A variance may be filed only if the following conditions are met:
A. The Zoning Inspector has denied the application for a zoning certificate.
B. The denial is based upon the applicant's inability to meet or exceed the requirements of this Zoning Ordinance.
C. The application has been filed within twenty days of the decision.
(b) Applications for administrative appeals or variances are available at the office of the Village Zoning Inspector and when completed are to be returned to that office. The applications for administrative appeals and variances shall include but not be limited to the following:
(1) Name, address and telephone number of the applicant;
(2) Location of the property and the zoning district including the inlot number;
(3) Present and proposed uses;
(4) If required by the Zoning Inspector, a vicinity map and plat layout containing information required by the Zoning Inspector;
(5) A statement identifying the decision which is being appealed or the variance requested and the reason for the request; and
(6) A fee as established by Council.
(c) Within three working days after the completed application or appeal has been filed it shall be transmitted to the Board of Zoning Appeals. Within forty day of receiving an application for a variance only, the Board of Zoning Appeals shall hold a public hearing to consider the application. No public hearing shall be held for an administrative appeal. Notice of the public hearing shall be given not less then ten days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the Village. A notice shall also be sent to the applicant and may be posted at the property in question. In addition, notice shall be sent to all property owners within 200 feet of the property requesting the variance. The distance shall be measured from the nearest property line.
(d) The Board shall decide on the application within sixty days after receipt by the office of the Zoning Inspector. The filing of an administrative appeal shall stay all proceedings in the furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals that, by reason of the facts presented in the application, a stay would cause imminent peril to life and property.
(e) The Board of Zoning Appeals:
(1) Administrative appeals: shall reverse, affirm or modify the order, requirement, decision or determination that is being administratively appealed. The decision shall, in the opinion of the Board, reflect conformity with the provisions of this Zoning Ordinance.
(2) Variances: shall grant, deny or modify the variance application. The variance shall not be granted unless the following conditions exist:
A. The special circumstances apply to the applicant's building(s) or land(s) and do not generally apply to other buildings or lands in the same zoning district.
B. The special circumstances are not the result of the actions of the applicant.
C. The literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other property owners in the same zoning district.
D. The variance will provide the minimum necessary relief and will represent the least possible modification.
(Ord. 13-87. Passed 7-27-87.)
1163.01 PROCEDURE FOR AMENDING ZONING ORDINANCE.
(a) Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may amend, supplement or repeal these regulations, boundaries or classification or property in accordance with the regulations of this chapter.
(b) A request to amend this Zoning Ordinance may be initiated as follows:
(1) By adoption of a motion by the Planning Commission;
(2) By adoption of a resolution by Council;
(3) By the filing of an application by the owner of the property to be changed or affected by the proposed amendment. Applications are available from and are to be filed at the office of the Zoning Inspector.
(c) Applications for amendments shall include, but not be limited to, the following information:
(1) Name, address and telephone number of applicant;
(2) Location of the property, lot number or metes and bounds description of the tract, and the present and proposed zoning district;
(3) A vicinity map at a scale approved by the Zoning Inspector showing property lines, streets, existing and proposed zoning and such other items as the Zoning Inspector may require;
(4) Present and proposed uses;
(5) The proposed amendment to the text, if applicable;
(6) Plat layout drawn to scale, showing the actual shape and dimensions of the lot or parcel to be recorded; and also the lots, parcels, buildings, uses and zoning districts within 200 feet of the area to be rezoned;
(7) A list of all property owners within, contiguous to and directly across the street from the parcel proposed to be rezoned, except that addresses need not be included where more than ten parcels are to be rezoned;
(8) A statement on how the proposed amendment relates to the comprehensive plan of the Village;
(9) Specific reasons justifying the application of amendment;
(10) A fee as established by Council.
(d) Upon receipt of any amendment application which, if approved, would affect any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Commission shall give notice by registered or certified mail to the Director of Transportation. The Planning Commission may proceed as required by law; however, Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Village that the State shall proceed to acquire the land needed, then the Village shall refuse to approve the rezoning. If the Director of Transportation notifies the Village that acquisition at this time is not in the public interest or upon the expiration of the 120-day period or any extension thereof agreed upon by the Director of Transportation and the property owner, Council shall proceed as required by law.
(e) Within three working days after the adoption of a resolution by Council or the filing of an application, such resolution or application shall be transmitted to the Planning Commission. The Planning Commission may hold a public hearing on the proposed amendment or supplement. If so, notice shall be advertised by at least one publication in a newspaper of general circulation within the Village at least ten days prior to the date of the public hearing. The notice shall state the date, place and time of the hearing, and shall include the places and times that the proposed amendment and supporting documentation may be examined.
(f) The Planning Commission shall, by resolution and within ninety days after receipt of the application or resolution, recommend the approval for an amendment, recommend approval with modification, or recommend disapproval of the application, and transmit such resolution to the Fiscal Officer within three working days.
(g) Upon receipt of the recommendation of the Planning Commission, Council shall hold a public hearing on the proposed amendment or supplement within sixty days.
(1) Notice shall be advertised by at least one publication in a newspaper of general circulation within the Village at least thirty days prior to the date of public hearing. The notice shall state the date, place and time of the hearing and shall include the places and times that the proposed amendment and supporting documentation may be examined.
(2) If the proposed amendment intends to rezone or redistrict ten or less lots of record, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Fiscal Officer, by first class mail, at least twenty days before the day of the public hearing to all owners of property within, contiguous to and directly across the street from such area proposed to be rezoned or redistricted. Addresses shall be taken from the list provided with the application, from the County Auditor's current tax list. Failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall contain the same information required in the published notification.
(3) During the thirty-day period prior to the public hearing, the text describing the proposed amendment, together with the plans and supporting documentation, shall be on file and available for review by the public, in the office of the Zoning Inspector.
(4) At or within thirty days following the public hearing, Council shall act on the proposed amendment.
(h) If the Planning Commission disapproves the proposed amendment, or recommends modification thereof, Council shall not act contrary to such disapproval or recommendation except by the consenting vote of not less than three-fourths of its members.
(Ord. 13-87. Passed 7-27-87.)
1163.02 EFFECTIVE DATE AND REFERENDUM.
(a) Such amendment adopted by Council shall be effective thirty days after the date of adoption.
(b) If within thirty days after the passage of the ordinance there is presented to the Fiscal Officer a petition, signed by a number of qualified voters residing in the Village equal to, not less than ten percent (10%) of the total vote cast in the Village at the last preceding general election at which a Governor was elected, requesting Council to submit a zoning amendment to the electors of the Village for approval or rejection at the next general election, no amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take effect immediately.
(Ord. 13-87. Passed 7-27-87.)
1163.03 EFFECT OF ZONING ON LAND AREA ANNEXED TO THE VILLAGE.
Whenever lands are incorporated into the Village through annexation, the zoning regulations then in effect in these annexed areas shall remain in full force and shall be enforced by the Zoning Inspector, until the Village shall officially determine and adopt new zoning for such territory. If the lands are unzoned, they shall remain unzoned until the official Zoning District Map is amended according to the provisions of this Zoning Ordinance. The Planning Commission shall make recommendations to Council concerning the zoning of annexed lands within ninety days after the annexation becomes effective.
(Ord. 13-87. Passed 7-27-87.)
1163.04 AMENDMENT BY OWNERS.
Wherever the owners of sixty percent (60%) or more of the frontage in any district or part thereof shall present a petition, duly signed and acknowledged, to Council requesting an amendment of the regulations prescribed for such district or part thereof, it shall be the duty of Council to vote upon such petition within ninety days after the filing of such petition with Council.
(Ord. 13-87. Passed 7-27-87.)
1163.05 PROTEST.
If a protest against a proposed amendment is presented to Council, duly signed and acknowledged by the owners of twenty percent (20%) or more of the area of the land included in such proposed amendment, or by the owners of twenty percent (20%) or more of the area of land directly opposite thereto extending 200 feet from the street frontage of such opposite land, such amendment shall not be passed except by a three-fourths vote of Council.
(Ord. 13-87. Passed 7-27-87.)
1163.06 DEPOSIT FOR PUBLICATION COST.
Wherever any notice or legal publication is required in the Zoning or Platting Ordinance, the Planning Commission may require a deposit from the person or persons involved in any platting or zoning matter sufficient to defray the cost of such publication.
(Ord. 13-87. Passed 7-27-87.)
1167.01 NOTICE.
The Zoning Inspector shall give written notice, by certified mail, return receipt requested, or by other means, to ensure actual notice to persons responsible for the alleged violation. Such notice shall state the reasons why the Zoning Inspector believes there is a violation in fact and shall require an answer or a correction of the alleged violation, as determined by the Zoning Inspector, within a reasonable time limit set by the Zoning Inspector. The notice shall also state, and it is hereby declared, that failure to reply or correct the alleged violation to the satisfaction of the Zoning Inspector within the set time limit constitutes an admission of the violation.
(Ord. 13-87. Passed 7-27-87.)
1167.02 RESPONSE TO NOTICE OF VIOLATION.
The manner in which persons responsible for an alleged violation of this Zoning Code respond to the notice of violation shall determine the course of action taken by the Zoning Inspector as follows:
(a) Correction of Violation Within Time Limit. If, within the time limit set, the alleged violation is corrected, as determined by the Zoning Inspector, he or shall note "violation corrected" on his or her copy of the notice and retain it among his or her records.
(b) Petition for Administrative Review. If, within the time limit set, persons responsible for the alleged violation petition the Zoning Board of Appeals for an administrative review to determine whether or not there is an error by the Zoning Inspector in regard to the interpretation of this Zoning Code, then no legal action shall be initiated by the Village against those responsible for the alleged violation until after the Board has made its determination.
(c) Request for Extension of Time. If a reply is received within the time limit set indicating that an alleged violation will be corrected, but that more time is required than was granted by the original notice, the Zoning Inspector may grant an extension of time, if he or she deems such extension will not, in his or her opinion, cause imminent peril to life, health or property. In acting on such a request, the Zoning Inspector shall, in writing, state his or her reasons for granting or refusing to grant the extension and shall transmit the same by certified mail, return receipt requested, or other means to ensure actual notice, to those to whom original notice was sent.
(d) No Correction; No Reply. If there is no reply within the time limit set, thus establishing an admission of the violation, and the alleged violation is not corrected to the satisfaction of the Zoning Inspector within the time limit set, he or she shall take or cause to be taken such action as is warranted by the continuation of an admitted violation.
(Ord. 13-87. Passed 7-27-87.)
1167.03 PROSECUTION OF VIOLATION.
If the notice of violation is not complied with nor an appeal proceeding started within fifteen days of the service of notice, the Zoning Inspector shall request the legal counsel of the Village to institute the appropriate proceeding at law and/or in equity against the person responsible for such violation, ordering such person to:
(a) Restrain, correct or abate such violation;
(b) Remove or terminate the unlawful use of the parcel of land or building or other structure in violation;
(c) Remove the work in violation;
(d) Prevent the occupation or use of a parcel of land or building or other structure, or part thereof, erected, constructed or altered in violation of, or not in compliance with, this Zoning Code, or in violation of a plan or specification under which an approval, permit or certificate was issued; and/or
(e) Enforce the penalty provisions of this Zoning Code against the person responsible for the violation.
(Ord. 13-87. Passed 7-27-87.)
1167.04 VIOLATIONS.
No person, including an officer, director or employee of a corporation or a governmental official or agent charged with the responsibility of issuing permits or inspecting buildings or structures shall:
(a) Violate a provision of this Zoning Code and/or a rule for the enforcement of this Zoning Code;
(b) Construct or build a structure or building in violation of a condition of a zoning variance or special approval;
(c) Fail to comply with an order issued pursuant to this chapter by the Zoning Inspector, the Zoning Board of Appeals or a court;
(d) Make a false or misleading written statement, or omit required information or a statement in an inspection report, application, petition or request for approval or appeal, to the Zoning Inspector or the Zoning Board of Appeals;
(e) Refuse entry or access to an inspector lawfully authorized to inspect any premises, building or other structure pursuant to this Zoning Code;
(f) Unreasonably interfere with an authorized inspection;
(g) Issue, fail to issue, cause to be issued or assist in the issuance of a certificate, permit or license in violation of this Zoning Code or a rule promulgated under this Zoning Code or another applicable law; or
(h) Having a duty to report a violation of this Zoning Code or a rule promulgated under this Zoning Code or other applicable law, conceal such violation.
(Ord. 13-87. Passed 7-27-87.)
1167.05 NUISANCES; ABATEMENT.
Buildings erected, altered, razed or converted, or uses carried on in violation of this Zoning Code are hereby declared to be nuisances per se. The Village may petition the courts to order the nuisance abated. The owner or agent in charge of the building or land, or both the owner and the agent, may be judged to be guilty of maintaining a nuisance per se.
(Ord. 13-87. Passed 7-27-87.)
1167.99 PENALTY.
(a) With respect to Section 1167.04(c), a person is guilty of a separate offense for each day that the person fails to comply with a stop construction order validly issued by the Zoning Inspector and for each week that a person fails to comply with any other order validly issued by an enforcing agency.
(1) With respect to Section 1167.04(a) and (b), a person is guilty of a separate offense for each violation of this Zoning Code or a rule promulgated under this Zoning Code, and for each false or misleading written statement or omission of required information or a statement made in application, petition, request for approval or appeal to the Zoning Inspector or the Zoning Board of Appeals.
(2) With respect to Section 1167.04(b), a person is guilty of a separate offense for each violation of a condition of a variance or special approval.
(3) With respect to the other subsections of Section 1167.04 a person is guilty of a separate offense for each violation of this chapter.
(4) The imposition of sentence under this section shall not be construed as excusing or permitting the continuation of any violation.
(Ord. 13-87. Passed 7-27-87.)
(b) A violation of this Zoning Ordinance is an offense punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than thirty days or both.
(Ord. 32-01. Passed 9-4-01.)
1171.01 MINIMUM REQUIREMENTS
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be the minimum requirements, adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this Ordinance conflict with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive requirement shall govern.
(Ord. 13-87. Passed 7-27-89.)
1171.02 EFFECT ON OTHER ORDINANCES.
This Zoning Ordinance shall not interfere with, abrogate, annul or repeal any ordinance or any rule, regulation or permit previously or hereafter enacted, adopted or issued pursuant to law, provided that, unless specifically excepted, where this Ordinance imposes greater restrictions, its provisions shall control.
(Ord. 13-87. Passed 7-27-87.)
1171.03 INJUNCTION.
In the event of a violation of this Zoning Ordinance or imminent threat thereof, the Village or the owner of any contiguous or neighboring property who would be especially damaged by the violation may institute a suit for injunction to prevent or terminate such violation.
(Ord. 13-87. Passed 7-27-87.)
1171.04 SEPARABILITY CLAUSE.
Should any section or provision of this Zoning Ordinance be declared by the courts system to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 13-87. Passed 7-27-87.)
1171.05 EFFECT OF RE-ENACTMENT.
The re-enactment and amendment of this Zoning Ordinance shall be construed to impair any right accrued or accruing, or liability, penalty, forfeiture or punishment incurred for any violation of the Zoning Ordinance and its amendments superseded by this Ordinance, but the same may be asserted, enforced, prosecuted and inflicted to the same extent as if this amendment had not been effected.
(Ord. 13-87. Passed 7-27-87.)
1171.06 PRIVATE DEED RESTRICTIONS.
The Village does not enforce private restrictive covenants (deed restrictions). They are private matters and do not supersede or supplement any of these regulations.
(Ord. 27-97. Passed 10-20-97.)