A RESOLUTION

BY:
NO.
AUTHORIZING THE BUILDING COMMISSIONER TO GRANT REASONABLE EXTENSIONS OF ZONING CERTIFICATES DURING THE COVID-19 PANDEMIC.

WHEREAS, on March 9, 2020, the Governor declared a State of Emergency in Executive Order 2020-01D relating to a global pandemic involving Covid-19, a novel coronavirus; and

WHEREAS, the Ohio Department of Health subsequently issued a number of orders drastically limiting commercial and non-commercial activity in the state of Ohio; and

WHEREAS, on April 30, 2020, the Ohio Department of Health issued a Director’s Order that began reopening businesses, with exceptions, through a process known as “Responsible RestartOhio;” and

WHEREAS, the Responsible RestartOhio process remains underway, but due to disruptions in supply chains within Ohio, nationally, and globally, there are material shortages affecting the building and construction industries in Ohio; and

WHEREAS, social distancing requirements and other issues relating to public health have impacted the labor force and the ability for contractors to perform work in an efficient and effective manner; and

WHEREAS, Section 1009 of the Oakwood Zoning Code provides for the issuance of zoning certificates to authorize certain building or remodeling projects in Oakwood, and specifies that the certificate will lapse and become null and void six (6) months after issuance if construction has not commenced; and

WHEREAS, Council is concerned that delays due to material shortages and labor issues may cause zoning certificates to lapse and become null and void, despite a property owner’s diligence in pursuing an approved project, and wishes to authorize the Building Commissioner to grant reasonable extensions thereof to avoid unnecessary hardship for Oakwood property owners; and

WHEREAS, the Constitution of the State of Ohio, in Article XVIII, Section 3, grants municipalities the authority to exercise all powers of local self-government and to enforce local police, sanitary, and other similar regulations as are not in conflict with the general laws; and

WHEREAS, pursuant to this constitutional home rule authority, the people of the city of Oakwood, Ohio, have adopted a Charter and Codified Ordinances to exercise the powers of local self-government and enforce local police power regulations; and

WHEREAS, consistent with its home rule authority, and in order for the city of Oakwood to directly assist property owners in this uncertain time, Council finds it appropriate to temporarily authorize the Building Commissioner to issue extensions of zoning certificates;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO, THAT:

SECTION I.

The Building Commissioner is hereby authorized to issue extensions of zoning certificates issued pursuant to Section 1009 of the Oakwood Zoning Code. An extension issued hereunder shall not extend more than six (6) months beyond the original expiration of a zoning certificate.

SECTION II.

In exercising the authority granted by Section I, the Building Commissioner may develop application forms, extension letters, and other documents as needed, and shall develop criteria for evaluating extension requests in an objective, uniform manner that recognizes the realities of