Part 11 Planning and Zoning Code - Title 5 Administrative

  1. Chapter 1171 Administrative Powers and Duties
  2. Chapter 1173 Procedures for Zoning Certificates and Certificates of Occupancy
  3. Chapter 1175 Development Plan Review
  4. Chapter 1177 Conditional use Permits and Similar Uses
  5. Chapter 1179 Appeals and Variances
  6. Chapter 1181 Amendments to Zoning Code
  7. Chapter 1182 Amendments to Zoning Map
  8. Chapter 1191 Enforcement and Penalties

Chapter 1171 Administrative Powers and Duties

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Section 1171.01 Purpose

This Chapter sets forth the powers and duties of the Superintendent of Permits and Inspection, Planning Commission, Zoning Board of Appeals, and City Council with respect to the administration of the provisions of this Ordinance.

Section 1171.02 Superintendent of Permits and Inspection

For the purposes of this Zoning Ordinance, the Superintendent of Permits and Inspection shall have the following powers and duties under the direction of the Director of Administration.

  1. Establishment. The Superintendent of Permits and Inspection shall act as the administrative officer for the purpose of effecting the proper administration of the Zoning Ordinance.
  2. Powers and Duties.The Superintendent of Permits and Inspection shall have the following powers and duties:
    1. Enforce the provisions of this Ordinance and interpret the meaning and application of its provisions.
    2. Issue zoning certificates as provided by this Ordinance and keep a record of same with a notation of any special conditions involved.
    3. Issue certificates of occupancy as provided by this Ordinance and keep a record of same.
    4. Accept, review for completeness, and respond to questions regarding applications upon which the Superintendent of Permits and Inspection is authorized by the provisions of this Ordinance to review including amendments to the Ordinance, development plan review, conditional uses, variances, and appeals.
    5. Coordinate the City’s administrative review of rezoning applications, development plan review and conditional use applications.
    6. Maintain any records required by this Ordinance including inspection documents, and records of all variances, amendments, conditional uses, and similar use determinations.
    7. Make such records available for the use of Council, the Planning Commission, the Zoning Board of Appeals, and the public.
    8. Conduct or cause the inspection of buildings and uses of land to determine compliance with this Ordinance.
    9. Determine the existence of any violations of this Ordinance and cause such notifications, revocation notices, stop orders, or tickets to be issued, or initiate such other administrative or legal action as needed, to address such violations.
    10. Maintain in current status the “Official Zone Map of the City of North Canton”.

Section 1171.03 Planning Commission

  1. Establishment.  The Planning Commission is established by Charter.
  2. Composition. The Planning Commission consists of five (5) qualified electors of North Canton, all of who are appointed by the mayor.  The Director of Administration and a member of Council, selected by Council, shall serve as nonvoting members of the Planning Commission in an advisory capacity and shall attend meetings.
  3. Quorum. A quorum shall consist of three (3) members.  Any action taken by the Planning Commission on any matter shall be effected by the concurring votes of at least three members.   
  4. Meetings.  The Planning Commission shall adopt rules and regulations in accordance with this Zoning Ordinance as may be necessary to put into effect the powers and jurisdiction conferred herein.  The Planning Commission shall hold regular monthly meetings except when there is no business requiring Planning Commission action.  The chairperson may call additional meetings at such other times as determined necessary.  All meetings of the Planning Commission shall be open to the public.
  5. Powers and Duties. For the purposes of this Zoning Ordinance, the Planning Commission shall have the following powers and duties:
    1. Make and adopt plans and maps of the City of North Canton and periodically amend, extend, delete or add to the plans and maps.
    2. Review all development plans required by this Zoning Ordinance.
    3. Review and act on conditional use permits according to the procedures, standards and criteria stated in this Ordinance.
    4. Make a determination that a proposed use not listed or provided for in this Ordinance is substantially similar to a principal or conditional use that is listed and provided for in this Ordinance.
    5. Review all proposed amendments to this Zoning Ordinance and make recommendations to City Council as provided in this Ordinance.
    6. Investigate and propose on its own initiative such amendments to the Zoning Ordinance as it may deem consistent with the purposes of this Zoning Ordinance and which further the public health, safety, and general welfare of the City of North Canton.
    7. Adopt rules and bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.

Section 1171.04 Zoning Board of Appeals

  1. Establishment.  The Zoning Board of Appeals is established by Charter.
  2. Composition.  The Zoning Board of Appeals consists of five qualified electors of North Canton, all of who are appointed by the mayor. The Director of Administration and a member of Council, selected by Council, shall serve as nonvoting members of the Board in an advisory capacity and shall attend meetings.
  3. Quorum.  A quorum shall consist of three (3) members. Any action taken by the Zoning Board of Appeals on any matter shall be effected by the concurring votes of at least three members.
  4. Meetings. The Board shall adopt rules and regulations in accordance with this Zoning Ordinance as may be necessary to put into effect the powers and jurisdiction conferred herein.  The Board shall hold regular monthly meetings except when there is no business requiring Board action.  The chairperson may call additional meetings at such other times as determined necessary.  All meetings of the Board shall be open to the public.
  5. Powers and Duties.  For the purposes of this Zoning Ordinance, the Zoning Board of Appeals shall have the following powers and duties:
    1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by an administrative official in the administration or enforcement of this Ordinance, unless otherwise provided in this Ordinance.
    2. To authorize such variances from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Ordinance will result in practical difficulty or unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done.
    3. To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Section 1127.03.
    4. To permit the substitution of one nonconforming use with another nonconforming use in conformance with the provisions of this Zoning Ordinance.
    5. To adopt rules or bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.

Section 1171.05 City Council

For the purposes of this Zoning Ordinance, the City Council shall have the following powers and duties:

  1. Initiate or act upon proposed amendments to this Zoning Ordinance.
  2. Establish by ordinance a schedule of fees.
  3. To seek appellate review of determinations made by the Planning Commission or Zoning and Building Standards Board of Zoning Appeals.

Section 1171.06 Schedule of Fees

  1. Building Permit Fees

    New, additions, alterations and accessory buildings more than 200 sq. ft.

    $75.00 + $0.10 per sq. ft.

    Miscellaneous, including roof, siding, patio, and deck

    $75.00 per inspection

  2. Electrical Permit Fees

    New, temporary, additions, or alterations

    $75.00 + $0.08 per sq. ft.

    New or replacement service

    $75.00 

    Signs

    $75.00

    Low voltage system

    $50.00 = $2.00 per 100 sq. ft.

    Spa, pool

    $75.00

  3. Plumbing Permit Fees

    New additions, or alterations

    $75.00 + $0.08 per sq. ft.

    Water service

    $75.00

    Fire suppression system

    $75.00 + $0.08 per sq. ft.

    Replacement water heater + permit

    $75.00

    Backflow / isolation / containment

    $75.00 per device

  4. HVAC

    New additions, or alterations

    $75.00 + $0.08 per sq. ft.

    Replacement heating device + permit

    $75.00

    Solid fuel source (Wood/Coal burner/auxiliary heat source)

    $125.00

    Hood system

    $75.00 + $100.00 plan review

    Hood suppression system

    $75.00 + $100.00 plan review

  5. Inspections

    Re-inspections and Additional Inspections

    $75.00 per inspection

    After hours and/or weekends

    Overtime rate for Inspector

    Permits issued after work is started

    Twice Original Fee

    Sewer inspections

    $500.00 per inspection + County Sewer Charges

  6. Certificate of Occupancy  $50.00
  7. Plan Review

    Commercial

    Processing

    Plan Exam Fee

    Building

    $200.00

    $4.50 per 100 sq. ft

    HVAC

    $200.00

    $2.50 per 100 sq. ft

    Electrical

    $200.00

    $2.50 per 100 sq. ft

    Fire Alarm

    $200.00

    $3.00 per device

    Plumbing

    $200.00

    $2.50 per 100 sq. ft

    Suppression

    $200.00

    $2.50 per 100 sq. ft

    Industrialized Units

    $200.00

    $1.50 per 100 sq. ft

    Residential (applies to 1-2-3 Family Dwellings and Accessory Structures

    Per Submittal

    $100.00

     

  8. State of Ohio Board of Building Standards Assessment

    Commercial permits and plan review

    add three (3%) percent to permit cost & plan exam

    Residential permits and plan review

    add one (1%) percent to permit cost & plan exam

  9. Miscellaneous. Square footage calculations are based on aggregate area of floor, including basement and attached garages.
  10. Planning and Zoning Application Fees

    Certificate of Occupancy

    $50.00

    1,2,3 Family – Residential (per dwelling unit)

    $100.00 + $0.05 per sq. ft.

    Residential - Addition

    $75.00

    Residential / Accessory Building / Structure

    $50.00 + $0.05 per sq. ft.

    Multi-Family Residential (per dwelling unit)

    $100.00

    Commercial / Industrial (new or addition)

    $125.00

    Commercial / Industrial / Accessory Building / Structure

    $100.00

    Business Parking Lot

    $75.00

    Conditional Use

    $75.00

    Zoning Amendment

    $100.00

    Appeal / Variance

    $75.00

    Similar Use

    $100.00

    Substitution of Nonconforming Use

    $100.00

    General Development Plan

    $150.00

    Final Development Plan

    $150.00

    Subdivision Preliminary

    $150.00

    Subdivision Final

    $150.00

    Zoning Map (small)

    $5.00

    Zoning Map (large)

    $15.00

    Zoning Ordinance

    $30.00

    Temporary Zoning Permit

    $75.00

    Temporary Sign Permit

    $50.00

    Sign (per sign) & Building Permit if required

    $100.00

    Home Occupancy

    $75.00

    Driveway / Sidewalk/ Fence, small storage shed, swimming pool, etc.

    $75.00