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Zoning Resolution Article 5

5.0       General


This article stipulates the procedures to be followed in obtaining permits, certificates and other legal or administrative approvals under this Resolution.


5.1       Zoning Permits Required


No building or other structure shall be erected, moved, added to, structurally altered nor shall any building, structure or land be established or changed in use without a permit therefore, issued by the Zoning Inspector.  Zoning permits shall be issued only in conformity with the provisions of this resolution unless the Zoning Inspector receives a written order form the Board of Zoning Appeals deciding on appeal, conditional use or variance or from the Board of Township Trustees approving a Planned Unit Development District, as provided by this resolution.


5.2       Contents of Application for Zoning Permit


The application for zoning permit shall be made in writing and signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application.  Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or substantially completed within two and one-half (2½) years.  At a minimum, the application shall contain the following information and be accompanied by all required fees:


1.      Name, address and phone number of applicant;

2.      Legal description of property, when required by Zoning Inspector;

3.      Existing use;

4.      Proposed use;

5.      Zoning district;

6.      Plans in triplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any, and the location and dimensions of proposed building(s) or alteration;

7.      Building heights;

8.      Number of off-street parking spaces or loading berths and their layout;

9.      Location and design of access drives;

10.    Number of dwelling units;

11.    If applicable, application for a sign permit or a conditional, special or temporary use permit, unless previously submitted.



5.3       Approval of Zoning Permit


Within thirty days after the receipt of an application, the Zoning Inspector shall either approve or disapprove of application.  If approved, said permit must be picked up and paid for within thirty days after approval or the permit shall be voided and written notice shall be given to the person(s) affected.  If the application is disapproved, written notice shall be given within ten days, stating the reason(s) for the disapproval to the person(s) affected.

(EFFECTIVE 07/03/98)


5.4       Submission to Director of Transportation


Before any zoning permit is issued affecting any land within three hundred feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of Transportation or any land within a radius of five hundred feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail, to the Director of Transportation that he shall not issue a zoning permit for one hundred twenty (120) days from the date the notice is received by the Director of Transportation.  If the Director of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit.  If the Director of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty (120) day period or of any extension thereof agreed upon by the Director of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of this resolution, issue the zoning permit.


5.5       Expiration of Zoning Permit


If the work described in any zoning permit has not been completed within one year from the date of issuance thereof, said permits shall expire; it shall be revoked by the Zoning Inspector and written notice thereof shall be given to the person(s) affected together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained at the current fee schedule.

(EFFECTIVE 01/29/00)


5.6       Record of Zoning Permits


The Zoning Inspector shall maintain a record of all zoning permits and copies shall be furnished upon request and upon payment of the established fee to any person.


5.7       Failure to Obtain a Zoning Permit


            Failure to obtain a zoning permit shall be a punishable violation of this resolution.



5.8       Construction and Use to be as Provided in Application, Plans, Permits and Certificates


Zoning permits are issued on the basis of plans and application approved by the Zoning Inspector authorized for only the use and arrangement set forth in such approved plans and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction.  Use, arrangement or construction contrary to that authorized shall be deemed a punishable violation of this resolution.


5.9       Complaints Regarding Violations


Whenever a violation of this resolution occurs, or is alleged to have occurred, any person may file a written complaint.  Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector.  The Zoning Inspector shall record properly such complaint, immediately investigate it and take action thereon as provided by this resolution.


5.10    Entry and Inspection of Property


The Zoning Inspector is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this resolution.  Prior to seeking entry to any property or structure for such examination or survey, the Zoning Inspector shall attempt to obtain the permission of the owner or occupant to inspect.  If such permission is denied or cannot be obtained, the Zoning Inspector shall request the assistance of the County Prosecutor in securing a valid search warrant prior to entry.


5.11    Stop Work Order


Subsequent to his determination that work is being done contrary to this resolution, the Zoning Inspector shall write a stop work order and post it on the premises involved.  Removal of a stop work order, except by the order of the Zoning Inspector, shall constitute a punishable violation of this resolution.


5.12    Zoning Permit Revocation


The Zoning Inspector may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this resolution or based upon false information or misrepresentation in the application.


5.13    Notice of Violation


Whenever the Zoning Inspector or his agent determine that there is a violation of any provision of this resolution, a warning tag shall be issued and shall serve as a notice of violation.  Such order shall:


a.   Be in writing;

b.   Identify the violation;



c.   Include a statement of the reason or reasons why it is being issued and refer to the sections of this resolution being violated; and

d.   State the time by which the violation shall be corrected.


Service of notice of violation shall be as follows:


a.   By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion;  or

b.   By certified mail deposited in the United States Post Office addressed to the persons responsible at a last known address.  If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Zoning Inspector.  Service shall be deemed complete when the fact of mailing is entered on record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery;  or

c.   By posting a copy of the notice form in a conspicuous place on the premises found in violation.


5.14    Penalties and Fines


It shall be unlawful to erect, establish, locate, construct, reconstruct, enlarge, change, convert, move, repair, maintain or structurally alter any building structure or land in violation of any provision of this resolution or any amendment thereto.  Any person, firm or corporation who violates this resolution or fails to comply with any of the requirements shall upon conviction thereof be fined not more than one hundred ($100.00) dollars and in addition shall pay all costs and expenses involved in the case.  Each day such violation continues after receipt of a violation notice shall be considered a separate offense.  The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.


5.15    Additional Remedies


Nothing in this resolution shall be deemed to abolish, impair or prevent other additional remedies as provided by law.  In the event of a violation of any provision or requirement of this resolution, or in the case of an imminent threat of such a violation, the Zoning Inspector, the Prosecuting Attorney or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other resource provided by law, institute mandamus, injunction, abatement or other appropriate actions to prevent, remove, abate, enjoin or terminate such violation.

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