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Article 3

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Zoning Articles
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ARTICLE 3 - ENFORCEMENT: PENALTIES AND FEES 

SECTION 301            ENFORCEMENT BY THE ZONING INSPECTOR 

There is hereby established the office of the Township Zoning Administrator.  It shall be the duty of the Zoning Administrator, as provided under Chapter 519.02 et. seq. Of the Revised Code of the State of Ohio, to enforce this Resolution in accordance with the administrative provisions of this Resolution.  All departments, officials, and public employees of Montgomery County which are vested with the duty or authority to issue certificate or license shall conform to the provisions of this Resolution and shall issue no certificate or license for any use, building, or purpose, if the same is in conflict with the provisions of this Resolution.  Any certificate or license issued in conflict with the provisions of this Resolution shall be null and void. 

SECTION 302            ZONING CERTIFICATES 

Until a zoning certificate has been obtained from the Zoning Administrator, 

A. The construction, building, moving, remodeling, or reconstruction of any non-agricultural
                                    building or structure shall not be commenced. 

B. The improvement of land preliminary to any use of such land shall not be commenced. 

C. The use of land, buildings, or structures for temporary and accessory uses and home occupations shall not be commenced.. 

D. A certificate pertaining to the temporary or permanent use of land, buildings, or structures shall not be issued by any official officer, employee, department, board or bureau of Montgomery County. 

      302.01       APPLICATION FOR ZONING CERTIFICATE 

Each application for a zoning certificate shall be accompanied by a site plan in triplicate and three (3) sets of construction drawings drawn to scale, two (2) copies of which shall be returned to the owner upon approval.  The site plan shall show the following: (except commercial construction shall require four (4) sets of drawings) 

A. The actual dimensions of the lot, including easements. 

B. The exact size and location of all buildings existing on the lot 

C. The proposed new construction. 

D. The existing and intended use of all parts of the land or buildings. 

E. 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 Resolution. 

F. Drainage and water run-off map.  (Topo map) (Z-4-90) 

302.02                         ISSUANCE OF ZONING CERTIFICATES 

Zoning certificates shall be issued or refusal thereof given within ten (10) working days after the date of application.  Written notice of such refusal and reason thereof shall be given to the applicant. 

302.03                         PERIOD OF VALIDITY 

A zoning certificate shall become null and void twelve (12) months after the date on which it is issued unless within such twelve (12) month period construction, building, moving, remodeling, or reconstruction of a building or structure is commenced or a use is commenced. 

SECTION 303            VIOLATIONS - REMEDIES 

In case any building is or is proposed to be located, constructed, reconstructed, enlarged, changed, maintained, or used or any land is or is proposed to be used in violation of this Resolution or any amendments or supplements thereto, the Board of Township Trustees, the Township Zoning Administrator, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, actions, proceedings to prevent, enjoin, abate, or removed such unlawful location, erection, construction, enlargement, change, maintenance or use.

SECTION 304            VIOLATIONS AND PENALTIES 

It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any regulation in or any provisions of this Resolution or any amendment or supplement thereto adopted by the Board of Township Trustees of Clay Township under Chapter 519.02 et seq. Of the Revised Code of the State of Ohio.  Any person, firm, or corporation violating any regulation in, or any provision of the Resolution, or any amendment or supplement thereto shall be deemed guilty of a misdemeanor and, upon conviction thereof shall be fined not more than one hundred (100) dollars and be required to restore the premises to their prior condition.  Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate offense. 

SECTION 305            FEES 

Any application under this Resolution for a zoning certificate, variance, conditional use permit, sign permit, planned development, amendment, or filing of a notice of appeal shall be accompanied by such fee as shall be specified from time to time by resolution of the Board of Township Trustees. 

The fees shall be in addition to the regular building permit fees and any other fees which may be imposed under applicable resolution of Clay Township.  The fees imposed by this Resolution are intended to defer most of the costs involved in such applications, such as publishing and/or posting and mailing the notices of the hearing or hearings.  Such fees are not refundable regardless of the outcome of the application

 

Last Modified: April 02, 2007                      Clay Township, 8207 Arlington Rd., Brookville, Ohio 45309