A RESOLUTION
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:
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.
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