Chapter 1173 Procedures for Zoning Certificates and Certificates of Occupancy

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Section 1173.01 Purpose

The administrative provisions of this Chapter establish the procedures for reviewing and acting upon applications for zoning certificates, including certificates of occupancy, in order to accomplish the purposes for which this Zoning Ordinance is adopted.  

Section 1173.02 Zoning Certificate Required

No building or structure shall be erected, constructed, enlarged, structurally altered, or moved in whole or in part, and no use shall be established or changed in the City of North Canton prior to the issuance of a zoning certificate.  A zoning certificate shall be issued only when the plans for the proposed use, building or structure fully comply with the regulations set forth in this Zoning Ordinance.

1. A zoning certificate shall be issued when:
   1. Single-family Dwellings and Uses Accessory Thereto. Provided the structures: are not located in the public right-of-way; have not exceeded the applicable maximum-coverage area; have not exceeded applicable setbacks; and the work is completed by a concrete contractor registered with the City of North Canton: patios located in the rear yard; private sidewalks; and lawfully established driveways, are exempt from the zoning certificate requirement. Accordingly, the Chief Building Official may approve an application for a single-family dwelling or use accessory thereto that has been reviewed and approved according to the procedures of this chapter. Those requesting a City inspection of concrete work may submit an application for a zoning certificate.
   2. Accessory Building in Nonresidential Districts. An application for an accessory building that has a gross floor area of 200 square feet or less has been reviewed and approved by the Chief Building Official according to the procedures of this Chapter.
   3. All Other Permitted Uses. An application for any other permitted use not described in subsection (a) above has been reviewed and approved by the Planning Commission according to the development plan procedures set forth in Chapter 1175.
   4. Conditional Uses.  An application for a conditional use has been reviewed and approved by the Planning Commission according to the procedures set forth in Chapter 1177.
   5. Variance Requests.  An application for which a variance from a requirement of this Zoning Ordinance is requested has been reviewed and approved by the Board of Zoning Appeals, according to the procedures set forth in Chapter 1179.
   6. Similar Uses. An application for any building or use not specifically listed in this Ordinance as a permitted or conditional use has been reviewed and approved by the Planning Commission and Council according to the procedures set forth in Section 1177.09.
2. Applications for zoning certificates are available in the office of the Chief Building Official. A completed application form accompanied by all other applicable submission requirements shall be submitted to the Chief Building Official.

Section 1173.03 Zoning Certificate for a Single-Family Dwelling or Use Accessory Thereto

1. Submission of Applications.  An application for the construction or alteration of a single-family dwelling or use accessory thereto shall include the items set forth below.  Such applications may be submitted simultaneously with an application for a building permit.
   1. The completed application form, along with the application fee as established by City Council.
   2. One copy of a general vicinity map.
   3. Two copies of a plot plan showing the following.  Such plans shall be legibly drawn to scale and shall be based on an accurate survey.
      1. Property boundary lines and the exact dimensions and area of the lot to be built upon or utilized.
      2. Right-of-way of adjacent streets.
      3. Location, dimensions, height, bulk of all structures to be erected or altered.
      4. The existing and intended use(s) of all land, buildings and structures.
      5. Dimensions of yards, driveways and parking areas.
      6. Location and use of buildings and adjoining lots within 10 feet of all property lines.
      7. Any other pertinent data as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.
2. Review for Completeness.  The Superintendent of Permits and Inspection shall review each submitted application to determine compliance with the applicable submission requirements.  If the application is deemed insufficient, the Superintendent of Permits and Inspection shall notify the applicant of necessary changes or additional information needed.  When the application is deemed complete and the application fee has been paid, the Superintendent of Permits and Inspection shall officially accept the application for consideration of the action(s) requested on the date such determination is made.
3. Action by Superintendent of Permits and Inspection. The Superintendent of Permits and Inspection shall evaluate the application and approve or deny it within 30 days from the date it was determined to be complete.  In evaluating the application, the Superintendent of Permits and Inspection may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Zoning Ordinance.
4. Approval.  The Superintendent of Permits and Inspection shall issue a zoning certificate upon finding that the building, structure or use, as proposed, complies with the provisions of this Zoning Ordinance.
5. Denial.  If it is determined by the Superintendent of Permits and Inspection that the proposed building, structure or use would violate one or more provisions of this Zoning Ordinance, then the zoning certificate shall not be issued. The Superintendent of Permits and Inspection shall state on the application the reason for the denial, including the regulation(s) which would be violated by the proposed use, and shall transmit one copy thereof to the applicant along with one copy of the plot plan, signed, dated and noted as disapproved, retaining the original application for the City’s permanent record.

Section 1173.04 Expiration of Zoning Certificate

A zoning certificate shall become void at the expiration of 12 months after the date of issuance unless, prior thereto, construction is begun, or an extension has been granted by the Superintendent of Permits and Inspection.  If no construction is begun within one year of the date of the certificate and an extension has not been granted, a new application and certificate shall be required.  Construction is deemed to have begun when all necessary excavation and piers or footings of the structure included in the application have been completed.  The date of expiration shall be noted on the zoning certificate.  Unfinished construction projects on which no progress is made for 180 days shall be considered abandoned and declared a nuisance.

Section 1173.05 Certificate of Occupancy

1. Certificate of Occupancy Required.Land shall not be occupied or used and a building which has been erected or altered shall not be occupied or used until a certificate of occupancy had been applied for and issued as follows:
   1. Occupancy of a Building.  A certificate of occupancy shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, or changed as to off-street parking or loading requirements may be occupied.  A certificate of occupancy shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection, to conform with the provisions of this Zoning Ordinance.
   2. Occupancy of Land.   A certificate of occupancy shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use.  A certificate of occupancy shall be issued when it is determined, upon inspection, that the use conforms with the provisions of this Zoning Ordinance.
   3. Change in Use of Nonconforming Building or Use.  A certificate of occupancy shall be required whenever a nonconforming building or land is changed to another nonconforming use, and shall not be issued until the Zoning Board of Appeals has approved the change in accordance with the provisions of Section 1159.03.
2. Applications.  Applications for a certificate of occupancy are available in the office of the Superintendent of Permits and Inspection and shall include accurate information provided by the owner, or authorized representative, regarding the size and location of the lot, dimensions of all yards and open space, the use of land or building operations or processes and other pertinent information as may be requested by the City.
3. Certification.  The certificate of occupancy shall document that the building or proposed use of land or building conforms to the provisions of this Zoning Ordinance.  

Section 1173.06 Records

A permanent record of all applications and certificates issued shall be on file in the office of the Superintendent of Permits and Inspection and available to the public.  

Chapter 1175 Development Plan Review

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Section 1175.01 Purpose

The purpose of this Chapter is to provide adequate review of proposed developments in those zoning districts where the uses are of such a nature, because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety and general welfare of the community.

Section 1175.02 Development Plan Review Required

Review of a general development plan and/or final development plan shall be conducted in compliance with the following:

1. General Development Plan. A general development plan that indicates the general concept of development for an entire site including the general location of use areas, open space and circulation pattern, shall be required for any project that includes multiple buildings or phased development.  Applicants for other types of projects may but are not required to submit a general development plan.
2. Final Development Plan.A final development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs, and outdoor storage areas shall be required for the following:
   1. New construction of all permitted uses in park and institutional, multi- family, business, mixed-use, and industrial districts;
   2. New construction of all conditional uses;
   3. Any existing or previously approved development meeting the criteria of subsections (1) through (3) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use; increasing the number of dwelling units in a multi-family development; or changing the use which requires an increase in the amount of parking or a change in the site's circulation.
3. Reoccupancy of an existing structure when there is no change in the bulk of the structure, no change in a previously approved final development plan, and no change in the amount of parking required is exempt from the development plan review procedures.

Section 1175.03 Preapplication Meeting Encouraged

The applicant is encouraged to meet with the Superintendent of Permits and Inspection, or his/her designee or with the Planning Commission prior to submitting an application for general development plan review or final development plan review.  The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Zoning Ordinance and the criteria and standards contained within.  However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.  

Section 1175.04 Minor Alterations Reviewed by Superintendent of Permits and Inspection

When a minor alteration is proposed to an existing building, structure or site arrangement on a zoning lot otherwise subject to development plan review pursuant to Section 1175.02, the Superintendent of Permits and Inspection may make a determination that such a proposal is not subject to development plan review.  Such determination shall primarily apply to small incidental construction on large zoning lots and when the proposed construction is substantially distant and screened from the adjacent roadways and property lines.

1. The applicant shall submit a scaled drawing indicating the proposed minor alteration.
2. The Superintendent shall review the proposal to determine that the proposal is not contrary to this Zoning Ordinance; and will not result in any material adverse impact to the site; or surrounding areas.

Section 1175.05 General Development Plan Submission Requirements

An application for general development plan review shall include a plan for the entire area of the proposed project.  Fifteen (15) sets of the application, including the general development plan, and the application fee shall be submitted to the Superintendent of Permits and Inspection.  The general development plan shall be drawn to an appropriate scale and shall indicate:

1. The location of all existing structures and access points.
2. The general location of existing buildings, parking areas and access drives on parcels within 200 feet of the site;
3. The general location of all proposed construction including buildings and structures, parking areas, and access points.
4. The location of existing and proposed topography, major vegetation features, and wooded areas;
5. The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed public streets and pedestrian circulation.
6. A summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and common open space, and the number of proposed dwelling units by type;
7. Other documentation needed for the evaluation of the general development plan as may be needed to evaluate the general concept of the proposed development.

Section 1175.06 Final Development Plan Submission Requirements

An application for final development plan review shall be required for each phase of development.  Fifteen (15) sets of the application and the application fee shall be submitted to the Superintendent of Permits and Inspection.  The application shall include the maps, plans, designs and supplementary documents itemized below, unless specific items are determined by the Superintendent of Permits and Inspection to be inapplicable or unnecessary and are waived in writing by the Superintendent of Permits and Inspection.

1. An accurate, legal description prepared or certified by a registered surveyor of the state;
2. A property location map showing existing property lines, easements, utilities and street rights-of-way;
3. A final development plan, prepared by a qualified professional and drawn to an appropriate scale, indicating the following:
   1. Use, location and height of existing and proposed buildings and structures;
   2. Location of all public rights-of-way and private streets;
   3. Location and configuration of vehicular circulation including off-street parking and loading areas; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;
   4. Location of proposed and existing structures including fences, walls, signs, and lighting;
   5. Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;
   6. Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;
   7. Dimensions of all buildings, setbacks, parking areas, drives and walkways;
4. Topographic maps showing existing and proposed grading contours and major vegetation features including existing trees over six inches in diameter, wooded areas, wetlands and other environmental features;
5. Preliminary architectural plans for the proposed development or use showing exterior elevations and building floor plans, site construction materials, and signs, prepared and certified by a professional engineer, architect, or surveyor;
6. Proposed landscaping and screening plans indicating the preliminary description of the location and nature of existing and proposed vegetation, landscaping, screening elements and any existing trees to be removed;
7. Summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and common open space, and the number of proposed dwelling units by type;
8. Other information necessary for the evaluation of the final development plan as deemed necessary by the Superintendent of Permits and Inspection.

Section 1175.07 Development Plan Review Procedures

Development plans, both general and final, shall be reviewed and distributed according to the following procedures.

1. Review for Completeness. The Superintendent of Permits and Inspection shall review the submitted application for completeness and compliance with the applicable submission requirements.  If the application is deemed insufficient, the Superintendent of Permits and Inspection shall notify the applicant of the deficiencies and place the application on hold until complete. When the application is determined complete and the application fee has been paid, the Superintendent of Permits and Inspection shall officially accept the application for consideration and place it on the Planning Commission’s agenda.
2. Distribution of Plans.  When the Superintendent of Permits and Inspection determines that the application is complete, the Superintendent of Permits and Inspection shall forward the application to the following for review and comment.  Any reports, comments, or expert opinions shall be returned to the Superintendent of Permits and Inspection within two (2) weeks from the date the application is deemed complete.
   1. Appropriate City department;
   2. Appropriate professional consultants.
3. Transmission to the Planning Commission.  No later than two weeks after the application is deemed complete, the Superintendent of Permits and Inspection shall distribute the application for development plan review and any reports prepared by the individuals in subsection (b) above to the Planning Commission.

Section 1175.08 Planning Commission Review of a General Development Plan

The Planning Commission shall review a development plan to determine if such application complies with the review criteria set forth below.  In order to approve a general development plan, the Planning Commission shall determine that

1. The general development plan is consistent with any adopted plan established for the orderly development of the City.
2. The appropriate use and value of property within and adjacent to the area will be safeguarded.
3. The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.
4. The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Ordinance.

Section 1175.09 Planning Commission Review of a Final Development Plan

The Planning Commission shall review a final development plan to determine if such application complies with the review criteria set forth below.  In order to approve a final development plan, the Planning Commission shall determine that:

1. The plan is consistent with any plan for the orderly development of the City and, when applicable, conforms in all respects to the approved or provisionally approved general development plan, provided however, that the Planning Commission may authorize minor changes in the plans as specified in Section 1175.13.
2. The appropriate use and value of property within and adjacent to the area will be safeguarded.
3. The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.
4. Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.
5. The development will have adequate public service and open spaces.
6. The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Ordinance.
7. The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas.
8. The proposed signs:
   1. Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings;
   2. Adequately identify the use; and
   3. Are located so as to maintain safe and orderly pedestrian and vehicular circulation.
9. The landscape plan will adequately:
   1. Enhance the principal building and site;
   2. Maintain existing trees to the extent possible;
   3. Buffer adjacent incompatible uses;
   4. Break up large expanses of pavement with natural material; and
   5. Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.
10. Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swells, water courses and drainage areas, and shall comply with the applicable regulations in this Ordinance and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters.
11. If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage.

Section 1175.10 Request for Additional Information

In their review of an application, the Planning Commission may request that the applicant supply additional information that the Commission deems necessary to adequately review and evaluate the proposed development.

Section 1175.11 Simultaneous Plat Approval

If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with the Subdivision regulations.  Final development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.

Section 1175.12 Action by Planning Commission

1. For a general or final development plan, the Planning Commission shall either:
   1. Approve the development plan as submitted; or
   2. Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements to the yard layout, open space arrangement, on-site control of access to streets or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
   3. Table the development plan for the next scheduled Planning Commission meeting, demonstrating to the applicant an acceptable alternative plan.
2. If the Planning Commission fails to act within 60 days from the date the application was determined complete, or an extended period as may be agreed upon, then the applicant may deem the development plan denied and subsequently file for appeal.

Section 1175.13 Equivalency Provision

In reviewing the application, the Planning Commission may find that a final development plan either adheres or is equivalent to the requirements of this Zoning Ordinance.

1. The Planning Commission may consider elements of a final development plan to be equivalent to a requirement if:
   1. The proposed final development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district;
   2. Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and
   3. The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
2. It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this Section have been satisfied.  When evaluating the application with respect to this Section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria.  When making such finding, the Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements in this Zoning Ordinance.

Section 1175.14 Significance of an Approved Development Plan; Plan Revisions

An approved final development plan shall become for the proposed development a binding commitment of the specific elements approved for development.  The approved development plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit.  A request for such a transfer or change of ownership shall be presented to the Superintendent of Permits and Inspection and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original development plan.  All construction and development under any building permit shall be in accordance with the approved plan.

Any departure from such plan shall be cause for revocation of the Zoning Certificate.  Any changes in an approved plan shall be resubmitted for approval in accordance with this Chapter.

Section 1175.15 Expiration of Development Plan Approval

An approved development plan shall remain valid for a period of 12 months following the date of its approval or as otherwise specifically approved by the Planning Commission.

1. General Development Plan.  If, at the end of that time, a final development plan has not been submitted to the Superintendent of Permits and Inspection, then approval of the general development plan shall expire and shall be of no effect unless resubmitted and reapproved in accordance with this Chapter.
2. Final Development Plan. If, at the end of that time, construction of the development has not begun, then approval of such final development plan shall expire and shall be of no effect unless resubmitted and reapproved in accordance with the procedures set forth in this Chapter.  Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.

Section 1175.16 Bonding

A performance bond or other financial guarantee shall be placed with the Director of Finance to insure that all landscaping, fences, walls, lighting, outdoor storage areas, sanitary sewer lines, water lines, including fire hydrants, drainage and storm water management as shown on the Final Development Plan, as approved, be installed in conformance with said Plan as approved.  Said bond or financial guarantee shall be equal to 125% of the estimated cost, when larger than $5,000.00 as determined by the City Engineer.

Section 1175.17 Appeals to the Court of Common Pleas

Decisions by the Planning Commission granting or denying approval of development plans shall be final.  Appeals shall be subject to judicial review by the Court of Common Pleas of Stark County, Ohio, in accordance with the laws of the State of Ohio.

Chapter 1177 Conditional Use Permits and Similar Uses

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Section 1177.01 Purpose

When a proposed use is permitted in a zoning district as a conditional use, as set forth in the district regulations, a conditional use permit is required and the application for such conditional use permit shall be submitted and reviewed according to the guidelines outlined in this chapter.

Section 1177.02 Preapplication Meeting Encouraged

The applicant is encouraged to meet with the Planning Commission or Superintendent of Permits and Inspection, or his/her designee, prior to submitting an application for a conditional use permit.  The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within.  However, no action shall be taken at such a meeting and no discussions, opinion, suggestions, or recommendations of the Planning Commission or Superintendent of Permits and Inspection shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.

Section 1177.03 Submission of Application

The owner, or agent thereof, of property for which such conditional use is proposed shall file with the Superintendent of Permits and Inspection an application for a conditional use permit accompanied by payment of the required fee established by Council.  The application for a conditional use permit shall disclose all uses proposed for the development, their location, extent, and characteristics and shall include the following:

1. A development plan and associated documentation as required in Section 1175.06 unless specific items required in Section 1175.06 are determined by the Superintendent of Permits and Inspection to be inapplicable or unnecessary and are waived in writing by the Superintendent of Permits and Inspection.
2. A list of all property owners lying within 200 feet of any part of the property on which the conditional use is proposed, including their addresses and permanent parcel number, as shown on the current tax duplicate in the Office of the Stark County Treasurer.

Section 1177.04 Review of Conditional Use Permit Application

The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Zoning Ordinance.

1. The Planning Commission shall review the development plan for the proposed conditional use according to the development plan review procedures and criteria set forth in Chapter 1175, as applicable;
2. The Planning Commission shall review the application to determine if the establishment and operation of the proposed use complies with the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Chapter 1145 of this Zoning Ordinance; and
3. The Planning Commission may require the applicant to submit such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice.

Section 1177.05 Public Hearing and Notice by Planning Commission

The Planning Commission shall hold a public hearing on the proposed conditional use.  Notice of such public hearing shall be given by first class mail to the applicant and to the property owners within 200 feet of the property on which the use is proposed.  Further notice shall be given in one or more newspapers of general circulation in the city.  All notices shall be made at least seven days before the date of said public hearing.  All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use.  Failure of delivery of such notice shall not invalidate action taken on such application.

Section 1177.06 Action by Planning Commission

1. The Planning Commission shall take one of the following actions:
   1. If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Section 1175.08, the Planning Commission shall:
      1. Approve the conditional use application as submitted.
      2. Approve the conditional use application subject to specific conditions not included in the application as submitted.  The Planning Commission may prescribe appropriate conditions, stipulations, safeguards and limitations on the duration of the use as it may deem necessary and in conformance with the intent and purposes of Chapter 1145.  The Planning Commission may require the applicant to revise and resubmit the application and/or the development plan to respond to the Planning Commission's condition(s) prior to the Planning Commission's final action.
   2. If the proposed conditional use is found not to be in compliance with the specifications of this Zoning Ordinance, the Planning Commission shall deny the application.
2. If the Planning Commission fails to act within 60 days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the development denied.

Section 1177.07 Terms and Duration of Conditional Use Permit

A conditional use permit shall authorize a particular conditional use on a specific parcel for which it was approved.  The conditional use permit shall expire one year from the date of enactment, unless substantial progress is accomplished or as otherwise specifically approved by the Planning Commission.  A conditional use permit issued pursuant to this Chapter shall be valid only for the use and the operation of such use as specified on the certificate.  The breach of any condition, safeguard or requirement shall constitute a violation of this Zoning Ordinance.

Section 1177.08 Reapplication

No re-application for a conditional use permit shall be accepted by the Superintendent of Permits and Inspection until the expiration of one year after the denial, unless the re-application reflects changes to the operation, design, layout, or other aspect of the proposed conditional use in response to the reasons for the denial of the previous application or the re-application is based on a change in circumstances from the time of the previous public hearing that is sufficient to justify another hearing as determined by the Planning Commission.  A re-application shall comply with all the requirements of this Chapter, including payment of the required fee.

Section 1177.09 Similar Uses

Within each zoning district established by the Zoning Ordinance and amendments thereto, uses of land or structures that are compatible with each other are permitted in the district.  To the extent that new types of uses are created and are not addressed by this Zoning Ordinance, this section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.

1. Determination.A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:
   1. The proposed use is not prohibited in any other district;
   2. The proposed use is not listed as a permitted building or use in any other district;
   3. The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;
   4. The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.
2. Procedure. The Planning Commission shall review the proposed use according to the conditional use procedures set forth in Sections 1177.02 through 1177.08, including the requirement for a public hearing.
3. Action by Planning Commission. The Planning Commission shall, within 10 days after its hearing, forward a recommendation to City Council.  The Planning Commission shall recommend that Council approve, approve with modifications or deny the application for a similar use determination and provide the reasons for their decision.

Section 1177.10 Action by City Council

Council shall, at a regular meeting, take action on the Planning Commission's recommendation.

1. Council shall either:
   1. Adopt the recommendation of the Planning Commission; or
   2. Deny the recommendation of the Planning Commission; or
   3. Adopt some modification thereof.
2. Required vote for adoption or rejection:
   1. When City Council confirms the recommendation of the Planning Commission, the recommendation shall be adopted when approved by a majority vote of Council members.
   2. When City Council rejects the recommendation of the Planning Commission, the recommendation shall be overruled by not less than six votes of Council members.
3. If Council approves a similar use, then the similar use shall be added to those districts that allow the principal or conditional use that is most similar, as identified in Council's action.

Chapter 1179 Appeal and Variances

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Section 1179.01 Appeals to the Zoning Board of Appeals

Appeals to the Zoning Board of Appeals may be submitted by any person, firm or corporation, or by any officer, board or department of the Municipality, deeming himself or itself to be adversely affected by a decision of the Superintendent of Permits and Inspection, or by any administrative officer deciding matters relating to this Ordinance.

Section 1179.02 Initiation of Appeal

Applications for appeal shall be filed with the Superintendent of Permits and Inspection within 30 days after the date of any adverse order, requirement, decision, or determination.  The application for appeal shall include:

1. Reference to the decision made by the Superintendent of Permits and Inspection, or by the administrative officer deciding matters relating to this Ordinance;
2. The provision of this Ordinance from which the appeal is sought,
3. Reasons for the appeal;
4. Payment of the application fee as established by Council; and
5. A list of all property owners lying within 200 feet of any part of the property to which the appeal relates, including their addresses and permanent parcel numbers;

Section 1179.03 Public Hearing by the Board

When an application for appeal has been filed in proper form with the Zoning Board of Appeals and the application fee has been paid, the Superintendent of Permits and Inspection shall immediately place the request upon the calendar for public hearing before the Zoning Board of Appeals. The Board may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.  Any person in interest may appear at the public hearing in person or by attorney.

Section 1179.04 Notice of Public Hearing

Notice of such public hearing shall be given by first class mail to the parties making the request for the appeal and to the property owners within 200 feet of the property to which such appeal relates.  Further notice shall be given in one or more newspapers of general circulation in the city.  All notices shall be made at least seven (7) days before the date of said public hearing.  All notices shall set forth the time, place and nature of the public hearing.  Failure of delivery of such notice shall not invalidate action taken on such application.

Section 1179.05 Stay of Proceedings

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Superintendent of Permits and Inspection shall certify to the Zoning Board of Appeals after the notice of the appeal has been filed, that by reason of facts stated in the permit, a stay would cause imminent peril to life or property.  In such case, proceedings shall not be stayed by other than a restraining order granted by a court having lawful jurisdiction.

Section 1179.06 Review of Appeal

The Zoning Board of Appeals shall review the appeal.  To aid in their review, the Board may transmit the application to appropriate administrative departments and professional consultants for review and comment.  Any reports, comments or experts opinions shall be compiled by the Superintendent of Permits and Inspection and transmitted to the Board prior to the time of the Board’s review.

Section 1179.07 Decision of the Board

1. Within its powers, the Zoning Board of Appeals may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit or certificate.  In the event the Zoning Board of Appeals reverses the decision of the Superintendent of Permits and Inspection, or any other administrative officer deciding matters relating to this Ordinance, such reversal shall require a concurring vote of three (3) members of the Zoning Board of Appeals.
2. The Board shall render a decision on the appeal within 30 days from the date of the hearing unless an extended period of time is mutually agreed upon by the applicant and the Board.  If the Board fails to act within such period of time, the appellant may determine the appeal has been denied.
3. The Board shall notify the appellant in writing of the decision of the Board.
4. Once the appellant has received the Board's decision, he/she may submit an application for a zoning certificate or conditional use permit that complies with the Board of Zoning Appeal's decision.  A copy of the Board of Zoning Appeal's decision shall be attached to the application.

Section 1179.08 Reapplication of Appeal

If the appeal is denied by the Zoning Board of Appeals, the Board need not rehear the application within 6 months after the date of the decision unless new evidence is submitted.

Section 1179.09 Appeals to the Court of Common Pleas

Decisions of the Zoning Board of Appeals shall be final.  An appeal of the Zoning Board of Appeals’ decision shall be subject to judicial review by the Court of Common Pleas of Stark County, Ohio, in accordance with the laws of the State of Ohio.

Section 1179.10 Variances

Any request for a variance shall be considered an appeal.  The Zoning Board of Appeals may authorize in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest according to the following procedures, which shall be in addition to the requirements for an appeal:

1. Application Requirements.  An application for a variance shall be filed with the Superintendent of Permits and Inspection for review by the Zoning Board of Appeals upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
   1. Name, address and phone number of applicant(s);
   2. Proof of ownership, legal interest or written authority;
   3. Description of property or portion thereof;
   4. Description or nature of variance requested;
   5. Narrative statements establishing and substantiating the justification for the variance pursuant to subsection (c) below;
   6. Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;
   7. Payment of the application fee as established by Council;
   8. For an Area Variance: A list of all owners of property adjoining or across the street from the property on which the variance is proposed, including their addresses and permanent parcel numbers;
   9. For a Use Variance:  A list of all owners of property lying within 200 feet of any part of the property on which the variance is proposed, including their addresses and permanent parcel numbers;
   10. Any other documents deemed necessary by the Superintendent of Permits and Inspection.
2. Review for Completeness. Upon receipt of a written request for variance, the Superintendent of Permits and Inspection shall make a preliminary determination whether such application provides the information necessary for review and evaluation.  If it is determined that such application does not provide the information necessary for such review and evaluation, the Superintendent of Permits and Inspection shall within seven (7) days so advise the applicant of the deficiencies and shall not further process the application until the deficiencies are corrected.
3. Review by the Board.  According to the procedures established for appeals in Sections 1179.03 and 1179.04, the Board shall hold a public hearing and give notice of the same.  The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Ordinance and evidence demonstrates that the literal enforcement of this Ordinance will result in practical difficulty for an area variance or unnecessary hardship for a use variance.
   1. Area Variance. The following factors shall be considered and weighed by the Board to determine practical difficulty:
      1. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district.  Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to non-conforming and inharmonious uses, structures or conditions;
      2. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
      3. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
      4. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
      5. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;
      6. Whether the property owner purchased the property with knowledge of the zoning restrictions;
      7. Whether special conditions or circumstances exist as a result of actions of the owner;
      8. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
      9. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and
      10. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
   2. Use Variance. In order to grant a use variance, the Zoning Board of Appeals shall determine that strict compliance with the terms of this Ordinance will result in unnecessary hardship to the applicant.  The applicant must demonstrate such hardship by clear and convincing evidence that all of the following criteria are satisfied:
      1. The property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located;
      2. The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
      3. The hardship condition is not created by actions of the applicant;
      4. The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
      5. The granting of the variance will not adversely affect the public health, safety or general welfare;
      6. The variance will be consistent with the general spirit and intent of the Ordinance; and
      7. The variance sought is the minimum that will afford relief to the applicant.
4. Requests for Additional Information.    The Zoning Board of Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
5. Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met.
6. Action by the Board. The Board shall approve, approve with supplementary conditions as specified in subsection (e) above, or disapprove the request for variance according to the procedures established for appeals in Section 1179.07.  In the event the Zoning Board of Appeals approves or approves with supplementary conditions the requested variance, such approval shall require a concurring vote of three (3) members of the Zoning Board of Appeals.
7. Term and Extension of Variance.  Variances shall be nonassignable and shall expire one year from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance or an extension of time has been granted by the Zoning Board of Appeals.  There shall be no modification of variances except by further consideration of the Board.  Once the time limit pursuant to this Section has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this Section.

Chapter 1181 Amendments to Zoning Code

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Section 1181.01 Authority for Amendments

1. Whenever the public necessity, general welfare, or good zoning practices require, City Council may, by ordinance, amend, or revise Title One, Subdivision Control, and Title Three, Zoning Regulations, of this code subject to the procedures provided in this chapter.
2. City Council may, by ordinance, rearrange, renumber, or recodify any provision of the Planning and Zoning code, or amend or revise any provisions of Title Five, Administration, of this Code through the regular legislative process as defined by the Charter and Rules of Council.

Section 1181.02 Initiation of Zoning Amendments

Amendments to the Zoning Ordinance, either Titles One, Subdivision Regulations, or Three, Zoning Regulations, shall be initiated by the submission to the Clerk of Council of:

1. a Planning Commission recommendation;
2. a City Council resolution; or
3. a written request from the Mayor.

Section 1181.03 Amendment Applications

An amendment initiated by any legal means shall be submitted and reviewed according to the following:

1. Submission Requirements.  Requests, recommendations, or resolutions for proposed amendments shall contain at least the following information:
   1. The proposed amendment text;
   2. A statement of the reason(s) for the proposed amendment; and
   3. A statement on the ways in which the proposed amendment relates to the Comprehensive Land Use Plan;
2. Submission Process. 
   1. After the receipt of a recommendation for amendment from the Planning Commission, the Clerk of Council shall add the proposed amendment to Council’s docket for adoption in accordance with the adoption process set forth in Sections 1181.07 through 1181.08.
   2. After the passage of a resolution proposing amendments by Council, the Clerk of Council shall transmit the resolution to the Planning Commission to begin the adoption process set forth in Sections 1181.04 through 1181.08.
   3. After the receipt of a written request for amendments from the Mayor, the Clerk of Council shall transmit the request to Council. Council may then, by voice vote, recommend transmission of the request to the Planning Commission to begin the adoption process set forth in Sections 1181.04 through 1181.08. 

Section 1181.04 Public Meeting and Notice by Planning Commission

1. Upon the receipt of a request or resolution from the Clerk of Council, the Planning Commission shall set a date for a public meeting thereon.  Notice of the public meeting shall comply with the following:
   1. Notice shall be given in one or more newspapers of general circulation in the City;
   2. All notices shall be made at least seven days prior to the date of the public meeting; and
   3. Notices shall include the time and place of the public meeting, a summary of the proposed amendment, and a statement that an opportunity to be heard will be afforded to any interested person.  Failure of delivery of such notice shall not invalidate any such amendment.

Section 1181.05 Recommendation by the Planning Commission

1. After the conclusion of the public meeting as required in Section 1181.04, the Planning Commission shall recommend one of the following to City Council:
   1. That the amendment be adopted as submitted;
   2. That the amendment be adopted as modified by the Planning Commission; or 
   3. That the amendment to be denied.
2. The Planning Commission shall submit its recommendation in writing to the Clerk of Council who shall place it on Council’s docket.
3. If the Planning Commission does not make a recommendation on the proposed amendment within 45 days of receipt of a request or resolution from the Clerk of Council, or an extended period agreed to by City Council, the application shall be deemed denied.

Section 1181.06 Public Meeting and Notice by Council

1. Upon receipt of the recommendation from the Planning Commission, or, if the Planning Commission fails to make a recommendation on the proposed amendment within 15 days of its receipt of the resolution or request and this period has not been extended, Council shall set a time for a public meeting on the proposed amendment.  
2. Notice of the public meeting shall be given by Council according to the following:
   1. Notice of the proposed amendment shall be published at least 30 days prior to the date of the public meeting in one or more newspapers of general circulation in the City;
   2. Notices shall include the time and place of the public meeting, a summary of the proposed amendment, and a statement that an opportunity to be heard will be afforded to any interested person.  Failure of delivery of such notice shall not invalidate any such amendment.
3. During the 30 days prior to the public meeting, the text of the proposed amendment, and the Planning Commission’s recommendation, shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.

Section 1181.07 Action by Council

1. After the conclusion of the public meeting required in Section 1181.06, Council shall take action on the proposed amendment as follows:
   1. Adopt the amendment;
   2. Deny the amendment
   3. Adopt some modification of the amendment
2. If the initial amendment proposal originated from the Planning Commission and Council wishes to adopt a modification thereof the proposal must be sent back to the Planning Commission in accordance with the process outlined in Section 1181.04 through Section 1181.05 prior to final adoption by Council.

Chapter 1182 Amendments to Zoning Map

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(Ord. 46-2020 eff. 11/11/2020)

Section 1182.01 Authority for Amendments

Whenever the public necessity, general welfare, or good zoning practices require, City Council may, by ordinance, amend, supplement, change, or repeal the boundaries or classification of property, as set forth on the Zoning Map adopted in this Code, according to the procedures set forth in this Chapter.

Section 1182.02 Initiation of Zoning Amendments

Amendments to the Zoning Map shall be initiated by filing an application to the Clerk of Council by:

1. at least one owner or lessee of the property or developer with an option on such property within the area proposed to be changed or affected by said amendment;
2. the Planning Commission;
3. a City Official on behalf of the Mayor or Council.

Section 1182.03 Amendment Applications

An amendment initiated by any legal means shall be submitted and reviewed according to the following:

1. Discussion with Planning Commission.  An owner, lessee, or developer applicant must meet with the Chief Building Official, or designee, prior to submitting an application for an amendment to the Zoning Ordinance. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within.  No action shall be taken at such a meeting, and no discussions, opinions, suggestions, or recommendations of the Chief Building Official or designee may be relied upon by the applicant to indicate subsequent approval or disapproval of the proposed amendment.
2. Submission Requirements.  Applications for proposed amendments shall contain at least the following information:
   1. The name, address, and phone number of the applicant and the property owner if other than the applicant;
   2. A statement of the reason(s) for the proposed amendment;
   3. A statement on the ways in which the proposed amendment relates to the Comprehensive Land Use Plan;
   4. Legal description of the parcel(s) to be rezoned, drawn by a registered surveyor;
   5. Present use and zoning district;
   6. Proposed use and zoning district; and
   7. A vicinity map at a scale approved by the Chief Building Official showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Chief Building Officer may require;
   8. A list of all property owners lying within 200 feet of any part of the property on which the zoning amendment is requested, including the addresses, and permanent parcel number as shown upon the County auditor’s current tax list;
   9. Existing topography at two-foot contour intervals of the property to be rezoned and extending at least 200 feet outside the proposed site, including property lines, easements, street rights-of-ways, existing structures, trees, and landscaping features existing thereon;
   10. The payment of the application fee as established by Council.
3. Referral to Planning Commission.  After the filing of a completed application, except as provided in Section 1182.03(c)(1), the Clerk of Council shall transmit the application to Council. Council may then, by voice vote, recommend transmission of the application to the Planning Commission to begin the adoption process set forth in Sections 1182.04 through 1182.07.
   1. Applications originating from the Planning Commission shall be added to Council’s docket for adoption in accordance with the adoption process set forth in Sections 1182.06 through 1182.07.

Section 1182.04 Public Meeting and Notice by Planning Commission

Upon the receipt of an application, the Planning Commission shall set a date for a public meeting thereon.  Notice of the public meeting shall comply with the following:

1. Whenever a proposed map amendment involves 10 or fewer parcels, written notification of the meeting shall be given by first-class mail to the applicant and to all owners of property located within 200 feet of the property proposed to be rezoned or redistricted as shown upon the records of the Stark County Auditor, or the list of property owners furnished by the applicant;
2. Notice shall be given in one or more newspapers of general circulation in the City;
3. All notices shall be made at least seven days prior to the date of the public meeting; and
4. Notices shall include the time and place of the public meeting, a summary of the proposed amendment, and a statement that an opportunity to be heard will be afforded to any interested person.  Failure of delivery of such notice shall not invalidate any such amendment.

Section 1182.05 Recommendation by the Planning Commission

1. After the conclusion of the public meeting as required in Section 1182.04, the Planning Commission shall recommend one of the following to City Council:
   1. That the amendment to be adopted as submitted;
   2. That the amendment be adopted as modified by the Planning Commission; or
   3. That the amendment to be denied.
2. The Planning Commission shall submit its recommendation in writing to the Clerk of Council who shall place it on Council’s docket.
3. If the Planning Commission does not make a recommendation on the proposed amendment within 45 days of receipt of the application or an extended period agreed by the applicant or City Council, the application shall be deemed denied.

Section 1182.06 Public Meeting and Notice by Council

Upon receipt of the recommendation from the Planning Commission, or, if the Planning Commission fails to make a recommendation on the proposed amendment within 15 days of its receipt of the application and has not extended this period, Council shall set a time for a public meeting on the proposed amendment.  

1. Notice of the public meeting shall be given by Council according to the following:
   1. Whenever a proposed map amendment proposes to rezone 10 or fewer parcels, written notification of the meeting shall be given by first-class mail to the applicant and to all owners of property located within 200 feet of the property proposed to be rezoned or redistricted as shown upon the records of the Stark County Auditor, or the list of property owners furnished by the applicant;
   2. Notice of the proposed amendment shall be published at least 30 days prior to the date of the public meeting in one or more newspapers of general circulation in the City;
   3. Notices shall include the time and place of the public meeting, a summary of the proposed amendment, and a statement that an opportunity to be heard will be afforded to any interested person.  Failure of delivery of such notice shall not invalidate any such amendment.
2. During the 30 days prior to the public meeting, the text of the proposed amendment, maps or plans, if applicable, and the Planning Commission’s recommendation shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.

Section 1182.07 Action by Council

1. After the conclusion of the public meeting required in Section 1182.06, Council shall take action on the proposed amendment as follows:
   1. Adopt the amendment;
   2. Deny the amendment
   3. Adopt some modification of the amendment.
2. If the initial amendment proposal originated from the Planning Commission and Council wishes to adopt a modification thereof the proposal must be sent back to the Planning Commission in accordance with the process outlined in Sections 1182.05 through 1182.06 prior to final adoption by Council.

Chapter 1191 Enforcement and Penalties

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Section 1191.01 Enforcement by Superintendent of Permits and Inspection

The provisions of this Zoning Ordinance shall be administered and enforced by the Superintendent of Permits and Inspection.

Section 1191.02 Construction and Use Shall be as Approved

Zoning certificates issued by the Superintendent of Permits and Inspection on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto.  Use, arrangement or construction contrary to that authorized shall be deemed a punishable violation of this Zoning Ordinance.

Section 1191.03 Violation Considered a Nuisance

Any building or structure erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any provision of this Zoning Ordinance may be declared to be a nuisance.  Any building or land use activity considered to be a possible violation of any provision of this Zoning Ordinance that is observed by any City official shall be reported to the Superintendent of Permits and Inspection.

Section 1191.04 Complaints Regarding Violations

Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a complaint. Such written complaints shall fully state the causes and basis of the complaint and shall be filed with the Superintendent of Permits and Inspection.

Section 1191.05 Inspection of Property

The Superintendent of Permits and Inspection shall inspect any building erected, altered, moved, razed or converted, or any use of land or premises carried on in alleged violation of any of the provisions of this Zoning Ordinance.

Section 1191.06 Stop Work Order

Subsequent to a determination that construction work is being done contrary to this Zoning Ordinance, the Superintendent of Permits and Inspection, or his or her designee, shall issue a stop work order and post it on the premises involved.  Removal of a stop work order, except by the order of the Superintendent of Permits and Inspection or designated agent, shall constitute a punishable violation of this Zoning Ordinance.

Section 1191.07 Notice of Violation

Upon finding a violation, the Superintendent of Permits and Inspection shall order, in writing, the owner, agent, occupant or operator of such building or premises to correct, within a stated reasonable time not longer than 30 days, all conditions that are found to be in violation of this Zoning Ordinance.  After such a notice is served, no work, except to correct the violation or comply with the notice shall proceed on any building or premises included in the violation.

Section 1191.08 Permit Revocation

The Superintendent of Permits and Inspection may issue a revocation notice to revoke a permit or administrative approval that was issued contrary to this Zoning Ordinance or based upon false information or misrepresentation in the application.

Section 1191.09 Penalties

1. It shall be unlawful to:
   1. Use or occupy any land or place; build, erect, alter, remodel, restore, or rebuild thereon any building or structure; permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Zoning Ordinance; or
   2. Use or occupy any parcel of land; use or occupy a new building; or enlarge, substitute, or otherwise change the use, occupancy, or configuration of any land or building, without having received a zoning certificate, conditional use permit, or certificate of occupancy indicating compliance with the provisions of this Zoning Ordinance from the Superintendent of Permits and Inspection; or
   3. Aid, assist, or participate with any person in placing, building, erecting, altering, remodeling, restoring, or rebuilding any building or structure which is not permitted by the provisions of this Zoning Ordinance; or
   4. Violate or fail to perform any condition, stipulation or safeguard set forth in any certificate issued pursuant to this Zoning Ordinance, or continue to use or occupy the premises or building as previously authorized by such certificate beyond the duration limit therein stated; or
   5. Continue construction, renovation, or improvements contrary to a Stop Work Order or Notice of Violation; or
   6. Refuse to permit the Superintendent of Permits and Inspection to enter any premises in the City to investigate a reported violation of the provisions of this Zoning Ordinance, or refuse or fail to furnish to such Superintendent of Permits and Inspection a statement as to the number of persons occupying such premises; or
   7. Knowingly make any materially false statement of fact in an application to the Superintendent of Permits and Inspection for a zoning certificate, conditional use permit, or certificate of occupancy, or in the plans or specifications submitted to the Superintendent of Permits and Inspection in relation to such application.
2. Failure to correct the conditions in violation with the provisions of this Zoning Ordinance, as ordered by the Superintendent of Permits and Inspection, shall constitute a misdemeanor.  Upon conviction of such violations, the responsible person or party shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or imprisoned for not more than six months or both.  Each day such violation continues shall be deemed a separate offense.  Any other person who commits, participates in or assists in the continuation of said violation may each be found guilty of a separate offense and suffer the penalties provided.

Section 1191.10 Violation and Penalty for Source Water Protection

1. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of Chapter 1141, and all amendments thereto, shall be fined as follows.
   1. Any person, firm, or corporation, violating any of the provisions of this Chapter or any amendment or supplement thereto, shall be in violation and fined not more than Five Hundred Dollars ($500.00) per day, per offense. Each and every day such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues, shall constitute a separate offense.
   2. Dumping of any Regulated Substance as referenced in the Chapter or prohibited materials associated with a prohibited land use, activity, or facility as referenced in this Chapter shall be remediated immediately and may be punishable by a fine of up to Ten Thousand Dollars ($10,000.00). Each day of non-compliance shall be considered a separate offense.
   3. Any person or entity found to have introduced contamination of any form into the Source Water Protection Area shall be in violation of this Chapter and subject to a fine of up to Ten Thousand Dollars ($10,000.00). Each day of violation shall be considered a separate offense.

(Ord. 70-2021 eff. 03/16/2022)