Chapter 1109: Administration and Enforcement

Sections

Cross references

  • Rezoning and variance fees - see ADM. 125.06
  • Building permits and fees - see BLDG. Ch. 1307, 1309
  • Occupancy permit defined - see P. & Z. 1107.15

1109.01   Intent

It is the intent of these regulations to establish procedures which require compliance with this Planning and Zoning Code and which also ensure equitable and expeditious handling of applications for subdivision approvals, zoning certificates, building permits and occupancy permits, as further regulated in the Building Code. Specifically, the purposes and relationships of these Municipal authorizations are as set forth below:

  1. (a) Subdivision Approvals. Subdivision approvals are required in order to certify that proposed lots comply with the Planning and Zoning Code and other applicable Municipal ordinances and requirements prior to consideration of an application for a Zoning Certificate.

  2. (b) Zoning Certificates. Zoning Certificates are established to certify compliance with this Planning and Zoning Code prior to issuance of a building permit or occupancy permit.

  3. (c) Building Permit. Building permits are established to authorize proposed construction or similar activity in compliance with the Building Code and other applicable municipal ordinances and requirements.

  4. (d) Occupancy Permits. Occupancy permits are established to authorize initial or replacement occupancy of a building, or part thereof, or land subsequent to completion of activity in compliance with the Planning and Zoning Code, Building Code and other applicable municipal ordinances and requirements.
    (Ord. 2019-39. Passed 8-13-19.)

1109.02   Applicability

Subdivision approvals, zoning certificates, building permits and occupancy permits shall be required for activities listed below. No such activity nor grading and excavation in preparation for such activity shall be commenced prior to the granting of the required authorization. Questions regarding applicability should be directed to the Administrator prior to commencement of activity.

  1. (a) Subdivision Approval Required. Subdivision of land to create one or more additional recorded lots or to alter lot lines.

  2. (b) Zoning Certificate Required. Erection, enlargement or moving of a building or other structure; also, a change in the use of a building, structure or land.

  3. (c) Building Permit.

    1. (1) Required: Erection, enlargement, alteration, repair, demolition or moving of a building, retaining wall or other structure, and the excavation or grading of land, except as noted in subsection (c)(2) hereof.

    2. (2) Not required: Unless otherwise specified in the Planning and Zoning Code to be reviewed by a Board or Commission, alterations and repairs which do not affect basic structural elements and do not materially alter exterior appearance.

  4. (d) Occupancy Permit Required. Initial occupancy of a building or land, completion of an activity requiring a building permit, and for nonresidential uses, occupancy which commences with a change in use, tenancy, business ownership or termination of a vacancy of six months or more.
    (Ord. 2019-39. Passed 8-13-19.)

1109.03   Conditions for issuance of certificates and permits

Certificates and permits shall be issued only for applications, work and uses in full compliance with the Planning and Zoning Code, Building Code and other applicable municipal ordinances and requirements. Furthermore, permits and certificates shall be issued in accordance with the following conditions:

  1. (a) Actions by Municipality. No zoning certificate, building permit or occupancy permit shall be issued prior to granting of required variances by the Board of Zoning Appeals (see Chapter 1111 ), determinations of similar use, as applicable, by the Planning and Zoning Commission (see Chapter 1147), and approvals by the Planning and Zoning Commission, Architectural Board of Review and other municipal officers as required below and by other provisions of the Codified Ordinances.

  2. (b) Actions by Applicant. No zoning certificate, building permit or occupancy permit shall be issued for a building on a lot which is not located in a duly recorded subdivision, is not located on a public or private street, or for which improvements required by the Municipality have not been installed or acceptably guaranteed.
    (Ord. 2019-39. Passed 8-13-19.)

1109.04   Application requirements

Applications for subdivision approvals, Zoning Certificates or Occupancy Permits shall be submitted to the Administrator in accordance with the following regulations. Each application shall be signed by the applicant and submitted along with two paper copies and an electronic copy, unless otherwise required by the Administrator. Each application for a Zoning Certificate shall contain the elements listed below.

  1. (a) Narrative Information.

    1. (1) Name, mailing address electronic mail address and telephone number of applicant and property owner.

    2. (2) Address and parcel number(s) of subject property.

    3. (3) Legal description of property.

    4. (4) Zoning district, existing and proposed use(s).

    5. (5) For all uses proposed or to be retained: building and structure heights, number of parking spaces, number of dwelling units, total building coverage, and floor area by type of use.

    6. (6) Certification of compliance with environmental performance regulations as required in Section 1144.03.

  2. (b) Site Plans. Plans drawn at a scale of one-inch equals forty feet, or as otherwise required by the Administrator, indicating the following information in a clear and legible manner.

    1. (1) Existing and proposed property lines of the subject parcel(s), documented by a professional survey, with all dimensions indicated.

    2. (2) Locations, heights, finished grades, and first floor elevations of existing main buildings on contiguous parcels.

    3. (3) Contiguous streets, with the distance to the nearest intersecting street indicated if not shown. Existing topography showing contours at intervals of not less than two feet.

    4. (4) Proposed topography, showing contours at intervals of not less than two feet.

    5. (5) Existing buildings by type of use, parking spaces, loading spaces, roads, drives and walkways, showing representative dimensions and locations based on a professional survey.

    6. (6) Buildings and uses to be demolished or eliminated.

    7. (7) Proposed buildings and additions by location, type of use, parking spaces, loading spaces, roads, drives and walkways, showing representative dimensions including heights, finished grades, and first floor elevations.

    8. (8) Location, type and height of proposed outdoor lighting.

    9. (9) Common open space and landscaping to be provided in accordance with the requirements of Chapter 1142, including the location of trees or tree clusters to be retained and those to be removed.

    10. (10) Proposed and existing signs, shown in accordance with the application requirements of Section 1143.05 (b).

  3. (c) Exceptions. The Administrator may waive any of the above requirements which he determines to be inapplicable in specific instances.

  4. (d) Building Permit Applications. Applications which incorporate building permit applications shall also contain all information required for building permits in Part Thirteen - Building Code.
    (Ord. 2019-39. Passed 8-13-19.)

1109.05   Review and approval procedures

The following procedures are established to govern the review and approval process regarding applications for subdivision approvals, zoning certificates, building permits and occupancy permits.

  1. (a) Acceptance by Administrator. The Administrator shall promptly review each application submitted to determine whether all required information has been provided. If the application is deemed insufficient, the Administrator shall promptly notify the applicant and reject acceptance of the application for processing. If the application is deemed sufficient in terms of required information and the applicable fee has been paid, the Administrator shall officially accept the application on that date for consideration of the action(s) requested.

  2. (b) Transmittal for Review. Upon official acceptance of an application, the Administrator shall transmit copies to the Municipal bodies and officers responsible for review or approval, as stated below. The Administrator shall issue no permits or certificates prior to required approvals.

    1. (1) Architectural Board of Review. The Architectural Board of Review shall approve or disapprove all building permit applications.

      1. (A) Compliance. The Architectural Board of Review shall review such applications for compliance with the Building Code, general design standards, and design standards established in this Planning and Zoning Code for buildings, signs and other uses and grade changes of three inches or more as required by Chapter 1146. The Architectural Board of Review shall conduct its review in accordance with Chapters 1115 and 1146 as applicable.

      2. (B) Meeting Notice. Ten days prior to the initial review of an application that allows for the exercise of discretion, the Architectural Board of Review shall notify by first class mail owners of property abutting, and directly across the street from, the location of the property involved in the application request. The notification shall set forth the time and place of the meeting and a summary of the proposed application request. Meeting Notice shall be given for applications that include the erection of a main building. Other applicable sections of the code where discretion is given to the Architectural Board of Review and meeting notice is required are:

        1. (1) Section 1125.04(a)(6) Garage height.

        2. (2) Section 1131.07(a) Building length.

        3. (3) Section 1146.06 Demolition and moving.

      3. (C) Meetings. All meetings of the Architectural Board of Review shall be open to the public unless otherwise allowed by law. The Architectural Board of Review shall receive and consider public comment and information relevant to an application during the review process. The Architectural Board of Review may establish such rules as may be necessary for the effective proceeding of any meeting.

      4. (D) Review Process. Except for those applications subject to Concurrent Review as set forth herein, the review process for an application shall be in two phases: the preliminary plan review and the final plan review. However, the applicant is also encouraged to meet with the Administrator or Architectural Board of Review prior to submitting an application for preliminary plan review. The purpose of this meeting would be to discuss early and informally with the applicant the requirements of the Planning and Zoning Code and the Design Guidelines.

        1. (1) Preliminary plan. The applicant shall submit a preliminary plan of the proposed design that shall conform with the requirements set forth in Section 1109.04.

          1. (a) The preliminary plan allows the applicant to present all information needed to determine that the proposed design satisfies the requirements of Chapters 1115 and 1146 as applicable. In its review of an application, the Architectural Board of Review may request that the applicant supply additional information the Architectural Board of Review deems necessary to adequately review and evaluate the proposed design.

          2. (b) The Architectural Board of Review shall approve, approve with modification or disapprove the preliminary plan. If the Architectural Board of Review does not grant preliminary approval, it shall verbally advise the applicant of the reasons preliminary approval was not granted or it may specify modification which would make the preliminary plan acceptable. Approval of the preliminary plan shall be conditioned upon compliance with all other applicable statutes and ordinances of the Municipality. Preliminary plan approval shall be obtained, which may be conditioned upon obtaining any needed variances, or modifications prior to the applicant seeking a variance from the Board of Zoning Appeals.

          3. (c) Preliminary approval shall be evidence that the concepts presented are acceptable to the Architectural Board of Review, and the project should proceed to final drawings, or for consideration for any variances or modifications if applicable in order for the applicant to obtain a building permit.

        2. (2) Final. The applicant, having received approval of the preliminary plan of the proposed design, and any necessary variances from the Board of Zoning Appeals or modifications from the Planning and Zoning Commission in order to obtain a building permit for the proposed plans of the applicant, shall submit a final plan of the design. The Architectural Board of Review shall approve the final plan if it determines that the design is in accordance with the approved preliminary plan, and any variances granted by the Board.

        3. (3) Concurrent review. The Architectural Board of Review may accept a concurrent submission of a Preliminary Plan and a Final Plan, provided that such submission satisfies the submittal requirements of this chapter, and no variances from the Board of Zoning Appeals or modifications from the Planning and Zoning Commission will be requested for the project.

      5. (E) Approval/Disapproval. The Architectural Board of Review shall either approve, approve with modification or disapprove the final plan in accordance with the review and approval procedures set forth in Section 1109.05 and the standards of Chapters 1115 and 1146, as applicable. In conjunction with a motion on the final plan, the Architectural Board of Review shall state the reasons that support the decision.

    2. (2) Planning and Zoning Commission.

      1. (A) Subdivisions. The Planning and Zoning Commission shall approve or disapprove all subdivision applications based on the Subdivision Regulations and Improvement Standards in Chapter 1161 of the Codified Ordinances.

      2. (B) Zoning Certificates. The Planning and Zoning Commission shall also approve or disapprove Zoning Certificate applications which propose an action as follows:

        1. (1) A change of use or enlargement of a use which affects the number of parking spaces; and any change in the number or arrangement of off- street parking or loading spaces.

        2. (2) Erection or moving of any main building in all zoning districts except R1 and R2F Districts.

      3. (C) Meeting Notice. The Planning and Zoning Commission shall review such applications for compliance with the Planning and Zoning Code. Ten days prior to the initial review of an application that allows for the exercise of discretion, the Planning and Zoning Commission shall notify by first class mail owners of property abutting, and directly across the street from, the location of the property involved in the application request. The notification shall set forth the time and place of the meeting and a summary of the proposed application request. Applicable sections of the code where discretion is given to the Planning and Zoning Commission and meeting notice is required are:

        1. (1) Section 1125.03(l) Modifications to front yard setback.

        2. (2) Section 1125.04(b)(5) Driveways on adjoining lots.

        3. (3) Section 1127.07(c) Area, yard and setback requirements.

        4. (4) Section 1129.07(c) Area, yard and setback requirements.

        5. (5) Chapter 1130, Residential Mixed Use Development plans.

        6. (6) Section 1131.07(e) Area, yard and setback requirements.

        7. (7) Chapter 1149, Wireless telecommunications facilities.

        8. (8) Chapter 1126, Cluster Development plans.

    3. (3) Municipal Engineer. The Municipal Engineer shall approve or disapprove all subdivision approval applications and any building permit applications which propose construction requiring a grade change of three inches or more, and may require grading plans to be submitted, in addition to any plan required by the Planning and Zoning Code or Subdivision Regulations if necessary to determine the impact on the drainage shed.

    4. (4) Bureau of Fire Prevention. Approval by the Bureau of Fire Prevention shall be required for all building permits authorizing erection, enlargement or repair of structures and for the installation of Solar Energy Systems in accordance with Chapter 1153.
      (See Section 1501.13 of the Fire Prevention Code.)

    5. (5) Council. Council approval shall be required for all subdivision approval applications proposing the creation of five or more additional lots and for any application which proposes the widening, extension or opening of public or private roads (with the exception of a single access driveway serving a one or two-family dwelling).Council shall not consider any application that has been disapproved by the Architectural Board of Review, Planning and Zoning Commission or Municipal Engineer, where such approval is required, except as referred to in Chapter 1111.

    6. (6) Other Municipal officers. The Administrator shall also submit applications for review and recommendation to the Police Chief and other municipal officers, as applicable.

    7. (7) Board of Zoning Appeals. The Board of Zoning Appeals shall hear any questions or disputes involving interpretation of this Planning and Zoning Code and shall determine whether or not to grant variances or render decisions on administrative appeals in accordance with Chapter 1111 of this Planning and Zoning Code.

  3. (c) Time Limitations for Review. In order to ensure expeditious handling of applications, the following time limitations for review are established for applications which require approval of the Architectural Board of Review, Planning and Zoning Commission, Municipal Engineer or Council. Where various plans required as components of a building permit application are submitted separately, the time limitations shall apply to each separate submission from the date of its acceptance.

    1. (1) Architectural Board of Review. Applications submitted to the Architectural Board of Review shall be considered at the next regularly scheduled meeting which occurs twenty or more days after official acceptance of the application by the Administrator. Applications for the review of signs requiring permits shall be considered at the next regularly scheduled meeting which occurs ten days or more after official acceptance. The Architectural Board of Review shall make its final determination no later than forty-five days after the date of its required consideration.

    2. (2) Planning and Zoning Commission. Applications submitted to the Planning and Zoning Commission shall be considered at the next regularly scheduled meeting which occurs ten or more days after official acceptance of the application by the Administrator and after the satisfaction of the notification period required in Sections 1161.04 or 1109.05(b)(2). The Planning and Zoning Commission shall make its final determination no later than forty-five days after the date of its required consideration.

    3. (3) Board of Zoning Appeals. Applications submitted to the Board of Zoning Appeals shall be considered in accordance with the provisions of Section 1111.04. The Board of Zoning Appeals shall make its final determination no later than forty-five days after the date of closure of the public hearing(s) on an application.

    4. (4) Bureau of Fire Prevention. Applications submitted for review and recommendation to the Bureau of Fire Prevention shall be reviewed within thirty days after official acceptance by the Administrator.

    5. (5) Municipal Engineer. Applications submitted to the Municipal Engineer for review and consideration shall be reviewed within thirty days after official acceptance by the Administrator.

    6. (6) Council. Applications submitted to Council shall be approved or disapproved within forty-five days after all other required approvals have been granted and closure of any required public hearing(s).

    7. (7) Extensions. The applicant may agree to extensions of any of the above time limitations in order to permit plan revisions or the continuation of the review process.

  4. (d) Effective Approval. Except for administrative appeals or variances granted by the Board of Zoning Appeals, approvals granted under this section shall expire within twelve months if the work authorized by the approval has not materially commenced. The permit expiration may be extended by the Administrator in the event of a change of circumstances, and for good cause shown, provided that there has been substantial progress on the work authorized.

  5. (e) Final Action by Administrator. Subsequent to all required approvals, the Administrator shall promptly issue the appropriate permit or certificate. If an application has been disapproved by the Municipal bodies or officers responsible for that determination, the Administrator shall so notify the applicant in writing, providing copies of all written action taken by the Council or any board or commission of the Municipality.
    (Ord. 2019-39. Passed 8-13-19.)

1109.06   Expiration and renewal of certificates and permits

In order to ensure that the intent of Municipal authorizations is not altered by changing circumstances, the following regulations are established governing the expiration of certificates and permits.

  1. (a) Zoning Certificates. Zoning Certificates are issued as a prerequisite to issuance of a building permit or occupancy permit, as required. If neither the building permit nor occupancy permit, as required, has been issued within six months after the issuance of zoning certificate, such zoning certificate shall become null and void.

  2. (b) Building Permits. Building permits shall be issued for a period of one year and may be renewed while construction is diligently pursued.

  3. (c) Occupancy Permits. Occupancy permits shall be issued for a period of one year for nonresidential uses and for an indefinite period of time for residential uses.

    Each nonresidential occupancy permit shall be renewed by the occupant to become effective July 1, of each year. A renewal fee may be charged to cover filing and inspection costs.
    (Ord. 2019-39. Passed 8-13-19.)

1109.07   Enforcement and penalty

The following regulations are established to ensure adequate and equitable enforcement of the provisions of this Planning and Zoning Code.

  1. (a) Inspections.

    1. (1) Subsequent to the issuance of a building permit, the Administrator shall make periodic inspections as required in the Building Code to ensure that work is proceeding as authorized.

    2. (2) The Administrator shall inspect all buildings and land periodically to certify the conforming or nonconforming status of all uses and structures.

  2. (b) Order for Elimination of Violations.

    1. (1) The Administrator shall record and investigate any report of an alleged violation of this Planning and Zoning Code or the Subdivision Regulations which is submitted to him in writing, signed by the complainant.

    2. (2) If the Administrator finds that any provisions of this Code or the Subdivision Regulations or related ordinances are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and actions necessary to correct it. Such notice shall be served on the responsible person personally, or by certified mail and regular mail to the person’s residence, regular place of business or last known address. If the certified and regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person’s residence, regular place of business, last known address, or the building affected.

    3. (3) The Administrator shall order the cessation, removal or other correction of the violation, as appropriate.

    4. (4) After issuance of such order, no construction or other work requiring a building permit shall be conducted at the subject property until the violation has been corrected.

    5. (5) If any person receiving a notice of violation under this section responds to such notice with a written statement of intent or desire to resolve the violation, the Administrator shall respond to such statement and shall, in writing, give such person a reasonable time to resolve the violation if no immediate danger to the public is present. The time to resolve shall be at least 10 days and no more than 60 days as determined by the Administrator who shall consider:

      1. (A) The extent to which the person has benefited by the violation;

      2. (B) The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation;

      3. (C) The recidivism of the person, including previous notices and orders to comply and previous enforcement action;

      4. (D) Good faith efforts of the person to remedy the violation; and

      5. (E) The duration of the violation before a notice and order to comply was served pursuant to this section

      6. (F) Penalty.

        1. (1) Any person who is responsible for a violation of this Planning and Zoning Code, or any person who fails to comply with an order made by the Administrator in enforcing this Code, is guilty of a misdemeanor of the third degree.

        2. (2) Each day such violation is committed or continued shall constitute a separate offense, commencing one day after the Administrator’s order is served on the owner, his employee, tenant or other agent or any other person who is responsible for the violation.

        3. (3) Fines shall not be levied while work in correcting such violation is pursued diligently.

        4. (4) If the Administrator determines that correction of a violation is not feasible, the Administrator shall issue a citation for each offense and require any remedies necessary to mitigate adverse impacts of the violation, or complete elimination of the use.

      7. (G) Records.

        1. (1) The Administrator shall maintain records of all subdivision approval, zoning certificate, building permit and occupancy permit applications considered and of all authorizations subsequently issued.

        2. (2) Similarly, the Administrator shall maintain records of all written and signed violation reports received.

        3. (3) Such records shall be available to the public upon request.
          (Ord. 2019-39. Passed 8-13-19.)

1109.08   Fees and deposits

Fees, as set by Council, shall be imposed to cover administrative costs incurred by the Municipality in processing various applications. Monetary deposits shall be required to cover variable costs incurred by the Municipality for consultant services and the advertising, court reporting and transcribing costs and conducting of hearings. No application shall be officially accepted and dated until all required fees and deposits have been paid.

  1. (a) Fees. Council may establish fees for applications for subdivisions, zoning certificates, building permits, occupancy permits, variances, interpretations of the Code, and requests for rezoning.

  2. (b) Deposits. For applications requiring approval by the Planning and Zoning Commission or the Board of Zoning Appeals, the applicant shall be required to deposit a sum as specified by ordinance sufficient to cover expenses incurred by the Municipality for public hearing advertisements, for services performed by the Municipal Engineer, Planning Consultant, Municipal Architect and Law Director, and for other expenses related to review of an application. Such expenses shall be approved for payment by the Administrator. Upon final disposition of the application, any monetary balance remaining shall be returned to the applicant.
    (Ord. 2019-39. Passed 8-13-19.)

1109.09   Public hearing notifications and hearings

  1. (a) Notifications. Where required by the Ohio Revised Code or the Planning and Zoning Code, public hearings shall be scheduled, and notice provided of such public hearing in accordance with the following:

    1. (1) Written notice, whether by publication or mail shall:

      1. (A) Indicate the date, time and place of the hearing.

      2. (B) Specify the address or location of the subject property.

      3. (C) Describe the scope and purpose of the application.

      4. (D) Identify the Municipal department where the public may view the application and related documents.

      5. (E) Include a statement that the public may appear, speak, and present written comments regarding the application, so long as the comments are made available to the proponent of the matter that is the subject of the public hearing and remain available to be examined on the comments made by such proponent, other interested parties and the Board, Commission, Council or other agency considering the matter.

    2. (2) Notice of the public hearing shall be posted to the official web site of the Municipality at least fifteen (15) days before the date of the hearing.

    3. (3) If such application concerns any request other than an interpretation of the text of such zoning ordinance, notice of the hearing shall also be mailed by the Clerk of Council, by first class mail, at least fifteen (15) days before the hearing date, to owners of property within and contiguous to, and directly across the street from, the location of the property involved in the application request, as well as to all owners of property within three hundred (300) feet of the location of the property involved in the application request. The addresses of such owners shall be obtained from the addresses appearing on the County Auditor’s tax list or the County Treasurer’s mailing list. The failure to mail notices to owners whose names do not appear on such lists, as well as the failure of delivery of such notice, shall not invalidate any such action by the Board.

    4. (4) During the fifteen (15) days preceding the hearing, a copy of the application submitted by the applicant shall be on file for public inspection in the office of the Clerk of Council.

  2. (b) Minor defects in any published or mailed notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects shall be considered those which do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. If questions arise at the hearing regarding the adequacy of notice, the decision- making body shall make a finding as to whether there was substantial compliance with the notice requirements of this Planning and Zoning Code prior to final action on the request. When the records of the Municipality document the publication or mailing of required notices, it shall be presumed that notice of a public hearing was given as required by this section.

  3. (c) Hearings. Hearings shall be conducted in the following manner. Hearings shall be public. Upon the day of a hearing the reviewing body may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the reviewing body so decides.
    (Ord. 2019-30. Passed 8-13-19.)

Table A

Actions Requiring Various Types of Municipal Authorizations

Proposed Action Regarding a Structure or Land Zoning Certificate Building Permit Zoning Commission Approval ABR Approval Municipal Engineer Approval
Land subdivision     ✘   ✘
Change in use ✘   ✘1    
Erection ✘ ✘ ✘2 ✘ ✘
Enlargement ✘ ✘ ✘1 ✘  
Moving ✘ ✘ ✘2 ✘  
Demolition   ✘   ✘  
Alteration ✘ ✘   ✘  
Repair   ✘   ✘  
Outdoor Lighting     ✘ ✘3 ✘3

1 Planning and Zoning Commission approval required only if a change in the number of required parking space is involved.

2 For main buildings; except in R1 and R2F Districts.

3 Except in R1 and R2F Districts.

(Ord. 2019-39. Passed 8-13-19.)