CHAPTER 1189

Administration, Enforcement and Penalty

1189.01 Enforcement by Zoning Inspector.
1189.02 Filing plans.
1189.03 Zoning certificate.
1189.04 Inspector to act on application.
1189.05 Fees.
1189.06 Violations.
1189.07 Equitable remedies.
1189.99 Penalty.

CROSS REFERENCES

Violation of zoning ordinances - see Ohio R.C. 713.13
Nonconforming uses, retroactive measures - see Ohio R.C. 713.15
Effects of districting and general regulations - see P. & Z. Ch. 1109
Board of Zoning Appeals powers - see P. & Z. 1193.06


1189.01 ENFORCEMENT BY ZONING INSPECTOR.
There is hereby established the office of Zoning Inspector. It shall be the duty of the Zoning Inspector to enforce this Zoning Code in accordance with the Administrative provisions of the Building Code of the City and this Zoning Code. All departments, officials and public employees of the City vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Zoning Code and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Zoning Code. Any permit or license, issued in conflict with the provisions of this Zoning Code shall be null and void.
(Ord. 196. Passed 11-21-63.)


1189.02 FILING PLANS.

(a) Every application for a zoning certificate shall be accompanied by plans in duplicate, drawn to scale in black line or blue print, 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 it 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; 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 of 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 Inspector, 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 before construction is started.

(b) In every case where the lot is not provided and is not proposed to be provided with public water supply and/or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a certificate of approval by the Health Commissioner of the City of the proposed method of water supply and/or the disposal of sanitary wastes.
(Ord. 196. Passed 11-21-63.)


1189.03 ZONING CERTIFICATE.

(a) No owner shall use or permit the use of any structure, building, land or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate, which may be a part of the building permit, shall have been issued by the Zoning Inspector. Such zoning certificate shall show that such building or premises or 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 Inspector to issue a zoning certificate, provided he is satisfied that the structure, building or premises, and the proposed use thereof, and the proposed methods of water supply and disposal of sanitary wastes, conform with all applicable requirements of this Zoning Code.

(b) No permit for excavation or construction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of this Zoning Code.
(Ord. 196. Passed 11-21-63.)


1189.04 INSPECTOR TO ACT ON APPLICATION.
The Zoning Inspector shall set upon all such applications on which he is authorized to act by the provisions of this Zoning Code within thirty days after they are filed in full compliance, with all the applicable requirements. He shall either issue a zoning certificate within such thirty days or shall notify the applicant in writing of his refusal of such certificate and the reasons therefor. Failure to notify the applicant in case of such refusal within the thirty days shall entitle the applicant to a zoning certificate, unless the applicant consents to an extension of time.
(Ord. 196. Passed 11-21-63.)


1189.05 FEES.

No fee shall be charged for an original zoning certificate applied with the application for a building permit, where such permit is required and issued under the Building Code of the City.


For all other zoning certificates the zoning fee shall be fifty dollars ($50.00).
(Ord. 93-015. Passed 9-16-93.)


1189.06 VIOLATIONS.
No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this Zoning Code, or any amendment or supplement thereto adopted by Council.
(Ord. 196. Passed 11-21-63.)


1189.07 EQUITABLE REMEDIES.
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 or any amendment or supplement thereto, Council, the Law Director, the Building Inspector or any adjacent or neighboring property owner may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 196. Passed 11-21-63.)


1189.99 PENALTY.
Whoever violates any of the provisions of this Zoning Code shall be fined not more than one hundred dollars ($100.00). Each and every day during which a location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.
(Ord. 196. Passed 11-21-63.)


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