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.
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.
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