Aurora City Zoning Code
CHAPTER 1139
Zoning Procedures
1139.01 ZONING APPROVAL.
(a) Prior to issuance of any building permit, occupancy permit, sign permit, paving permit, or other permit issued by the City authorizing a use or construction regulated by this Zoning Code, the signature of the Director of Planning, Zoning and Building (hereinafter “Director”), or the Director’s designee, shall be required indicating compliance with the provisions of this Zoning Code if such permit authorizes installation or construction of a structure or use of land or building regulated by the provisions of this Zoning Code.
(b) The Director, or the Director’s designee shall, within a reasonable time after receipt of such permit application, either approve and sign the permit application or issue a written denial of zoning approval. The Director may deny zoning approval if the proposed uses or structures do not comply with the provisions of this Code, if the permit application does not contain sufficient information to determine compliance; if the application proposes uses, structures, or other arrangements or construction which are not addressed by the Code; or if the zoning approval of the proposed uses or structures is subject to the jurisdiction of another City official, board, or commission and such approval has not been obtained. When the Director issues a written denial, the applicant shall have right to appeal according to the provisions of Section 1137.04
(a).
(c) The Director shall authorize zoning approval when the Board of Zoning Appeals issues a written order granting an appeal or authorizing a variance or when the City Council approves a conditional zoning certificate or a site plan, provided there is compliance with all other provisions of this Code and unless such action is otherwise timely appealed according to law.
(d) Zoning approval shall be effective for twelve months and shall not be invalidated by a change in zoning during that period. Approval shall expire and a new approval shall be required before construction can proceed if:
(1) The footer or other base for the structure has not been completed within twelve (12) months after the zoning approval was issued; or
(2) The work has not been completed within twenty-four (24) months after the zoning approval was issued.
(e) Zoning approval shall not be granted without evidence that the proposed sanitary disposal facilities comply with the plans, policies, and regulations of the City and that either the Portage County Board of Health or the Ohio Environmental Protection Agency, in matters where they have jurisdiction, has approved the proposed sanitary sewage disposal facilities for the proposed use.
(Ord. 2000-143. Passed 6-26-00; Ord. 2008-194. Passed 12-1-08.)
(f) As provided in this Zoning Code and as provided in the Subdivision and Site Development Regulations:
(1) Zoning approval shall not be granted until a site plan has been submitted by the applicant and approved by the Planning Commission.
(2) A site plan shall be required for any new construction of buildings, structures, parking, drives, walkways, or drainage facilities in the C1, C2, C3 and I-1 Districts and for new construction in other districts as provided in this Zoning Code and as provided in the Subdivision and Site Development Regulations.
(3) Site plans shall contain all information specifically required and as may be necessary to demonstrate compliance with the regulations of the City to the satisfaction of the Planning Commission.
(Ord. 2001-045. Passed 3-12-01.)
1139.02 CONDITIONAL ZONING CERTIFICATES.
(a) Purpose. The purpose of this section is to establish standards and procedures for review of uses which have the potential to be compatible with the districts in which they are listed as conditional uses but which, due to the nature of their operation, appearance, or other characteristics, require individual review and control of their location, design, intensity, configuration, and impacts upon the district and the community in order to ensure such compatibility and preservation of the district and community.
The provisions of Chapter 1165
shall govern applications, procedures, and standards relating to conditional zoning certificates for wireless telecommunications towers and antennas.
(b) Conditional Uses Generally.
(2) A use listed as a conditional use shall not be permitted by right. The identification of a use as a conditional use in a district shall not establish or imply any rights for approval of the use of any lot, nor shall the approval of a conditional use on one lot establish or imply any rights for approval of the same use on any other lot. Listing as a conditional use shall afford the opportunity to submit an application for a conditional zoning certificate which may be approved or denied on the basis of the provisions of this Code.
(3) When a use is listed in this Code as a conditional use for a district, the conditional use of land, building, or structure shall not be established until a conditional zoning certificate has been reviewed and approved according to the procedures of this Code and until zoning approval is issued by the Director.
(c) Application for Conditional Zoning Certificate.
(1) Application. An applicant for a conditional zoning certificate shall submit an application to the Director. At a minimum, an application for a conditional zoning certificate shall include the information listed in subsections (c)(1)A and B below.
A. Use Information:
1. A statement of the specific conditional use or uses listed in this Code for which the application is submitted.
2. A description of the activities proposed on the site, including the goods and services, hours of operation, anticipated number of employees, nature and volume of delivery activity, characteristics of vehicular activity, and other information which clearly documents the nature of the proposed use and its potential impacts.
3. A statement discussing the compatibility of the proposed use with the existing and permitted uses of adjacent properties and with the Master Plan, including an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water.
B. Site Plan Information: Information and exhibits required for Site Plan Review as provided by the Subdivision and Site Development Regulations.
C. Additional Information. Upon review of the application, the Planning Commission may determine that additional information is necessary to make a determination of the compliance of the proposed use with the provisions of this Code. The Commission may determine that additional studies or expert advice are necessary to evaluate a proposed conditional use relative to the requirements of this ordinance and shall advise the applicant if such studies or advice are required. The Commission may accept the required studies prepared by qualified professionals engaged by the applicant or may require the applicant to deposit with the City funds as required to pay for such studies. Such additional information or studies shall be appended to the original application.
(d) Notice and Hearing.
(1) Provided that an application is submitted to the Director at least thirty (30) days prior to a regularly scheduled meeting of the Planning Commission and provided that the Director determines that the application is complete at least fifteen (15) days prior to the meeting, then the Director shall transmit the application to the Planning Commission and recommend that the Planning Commission accept the application for study. The Planning Commission shall set the date and time for public hearing.
(2) Notice of the hearing shall be given as provided in 1139.06, Uniform Notice of Hearing.
(3) The Planning Commission shall conduct a public hearing on the date and time published.
(e) Review and Action by the Commission.
(1) Action by Planning Commission.. The Commission shall review the application for conformance with the provisions of this Code, including the standards set forth in Section 1153.02
: Standards for all Conditional Uses and, as applicable, of Section 1153.03
: and shall, within ninety-five (95) days after the public hearing, take one of the following actions, except that the applicant may agree to a longer period for decision.
A. Recommend that City Council approve the proposed conditional zoning certificate and site plan. In making the recommendation for approval, the Commission may prescribe appropriate conditions and safeguards in conformance with the intent and purposes of this Code for the protection of nearby property and the public health, safety and general welfare.
B. Deny the application, stating in the motion for denial the reason(s) for disapproval.
(2) Notice to Council. The Director shall, within two (2) days after the Planning Commission recommends approval of a conditional zoning certificate, forward the recommendation to the Clerk of Council.
(3) Action by Council.
A. Council shall review the application, the record, and the recommendation of the Planning Commission and shall take one of the following actions within thirty (30) days after the first Council meeting agenda on which the application is considered:
1. Approve the proposed conditional zoning certificate. In granting approval, Council may confirm the conditions and safeguards approved by the Planning Commission or amend them.
2. Deny the application, stating in the motion for denial the reason(s) for disapproval.
B. Effect of Council Action.
1. If Council approves the conditional zoning certificate, then the Director shall be authorized to issue the conditional zoning certificate.
2. If Council denies the conditional zoning certificate, then the Clerk of Council shall notify the applicant in writing and no further action shall be taken.
C. Appeal. An applicant may, no later than ten (10) days after receipt of written notice of denial of an application by the Planning Commission, submit a written appeal to City Council. The Director shall submit the record of the application to the Clerk of Council for Council’s use in determining the appeal.
(f) Issuance, Expiration, Revocation, Transfer.
(1) Upon conclusion of the procedures in 1139.02(c), (d), and (e), the Director may issue a Conditional Zoning Certificate.
(2) No application for a Conditional Zoning Certificate which has been denied wholly or in part by the Planning Commission or by City Council shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Planning Commission.
(3) Revocation.
A. If the Director finds that any provision of this chapter relating to a conditional zoning certificate is being violated or that any condition, safeguard, or requirement of a conditional zoning certificate is being violated or breached, he shall send a written notice to the owner of the property, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Director’s discretion.
B. The final written notice (and the initial written notice may be the final written notice) shall state what action the Director intends to take if the violation is not corrected and shall advise that the Director’s decision or order may be appealed to the Board of Zoning Appeals within ten (10) days of receipt of the notice.
C. If no appeal is filed, the Director shall take necessary and appropriate action required to resolve the violation. If an appeal is filed, all action shall be stayed unless the Director prepares a statement, as approved by the Director of Law, certifying that the situation poses imminent peril to the public health, safety and welfare and that immediate action is warranted.
D. If an appeal is filed, the Director shall set the appeal for hearing before the Board of Zoning Appeals. At least ten (10) days prior to the hearing, written notice shall be issued to the property owner.
E. The Board shall conduct the hearing at the date and time established, shall consider the appeal and the record and shall determine the action to be taken. The Board may take any of the following actions:
1. Amend the terms of the conditional zoning certificate.
2. Revoke the conditional zoning certificate.
3. Order the Director to take action necessary to correct the violation.
F. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the Director may seek enforcement without prior written notice.
(4) Transfer of conditional zoning certificate to new owner. A conditional zoning certificate shall expire when ownership of the lot is transferred to a new owner. A conditional zoning certificate may be transferred to a new owner of the lot for which the original certificate was granted provided that the new owner shall submit a written request for transfer of the certificate. The request shall include a statement ensuring compliance with all conditions of the original certificate. The Director shall inspect the premises for conformance with the original certificate, shall review the record regarding the certificate, and shall make a recommendation to the Planning Commission. The Planning Commission shall determine whether the original certificate shall be transferred to the new owner or if it shall expire.
(Ord. 2000-143. Passed 6-26-00; Ord. 2008-194. Passed 12-1-08.)
1139.03 VARIANCES.
The purpose of this section is to provide a procedure for application, consideration, and decision regarding variances which may allow relief, under specific circumstances, from strict application of the provisions of this Zoning Code.
(a) Standing to Apply for Variance. An application for a variance shall only be submitted by an owner of property, or a person authorized in writing by the owner, subsequent to written denial of zoning approval by the Director or by the Directors’ designee.
(b) Application. An application for a variance shall be submitted at least fifteen (15) days before the regularly scheduled meeting of the Board of Zoning Appeals at which the application will be considered. The application shall include at least the following:
(1) The name, address and telephone number of the applicant, owner, agent, or person in control and, if a corporation, the correct name of the corporation, the statutory agent and the agent’s address, and of the applicant’s representative, if any;
(2) A legal description of the property;
(3) A description of the variance requested and reference to the specific provision(s) of this Code from which the variance is requested;
(4) Narrative statements justifying the granting of a variance in accord with the standards for a variance stated in Section 1139.03(e).
(5) A fee as required in Chapter 1135.
(6) Deposit requirements. In the event the Board finds it necessary to seek any planning, legal, engineering or other expert testimony, the applicant shall deposit an amount adequate to cover the costs prior to final hearing on the variance application. Any other expense incurred or expected to be incurred by the City shall also be deposited with the City prior to final hearing on such application. All of the expenses mentioned beforehand shall bear a relationship to the cost of operation and shall be set by the Clerk of Council and/or the Director of Finance after consultation with the Board and/or Law Director.
(c) Notice and Hearing. When a notice of appeal or variance has been filed in proper form with the Clerk of the Board of Zoning Appeals, the Clerk shall immediately place the request for appeal or variance upon the calendar for hearing, and shall cause notices, to be issued as provided in Section 1139.06
, Uniform Notice of Hearing. The Board shall conduct the hearing at the date, time, and place stated in the notices. The Board may recess such hearings from time to time and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.
(d) Board Action. Within a reasonable time after the public hearing, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, or deny the request for variance. Every decision of the Board shall be by resolution, each of which shall contain a full record of the findings of fact of the Board by application number together with all documents pertaining thereto. The time of effect of the action of the Board is the time of service of notice to the applicant.
(e) Standard for Approval of Variances.
(1) The applicant must demonstrate that practical difficulties in the use of the property will exist if the property is subject to the zoning regulation. The Board shall consider and weigh the following factors in determining whether the owner of the property seeking an area variance will encounter practical difficulties in the use of the property. If the factors weigh in favor of the variance, then practical difficulties exist and the Board shall grant the variance. If the factors weigh against the variance, then practical difficulties will not exist and the Board shall deny the variance. The factors are:
A. Whether the property will yield a reasonable economic return or have any beneficial use if the variance is denied;
B. Whether the variance is substantial;
C. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment if the variance is granted;
D. Whether the delivery of governmental services (for example, water, sewer, garbage) would be adversely affected if the variance is granted;
E. Whether the property owner purchased the property with knowledge of the zoning regulation;
F. Whether the property owner’s predicament feasibly can be solved through some method other than the variance; or
G. Whether the spirit and intent behind the zoning regulation would be observed and substantial justice done if the variance is granted.
(2) No use variances. Use variances are not permitted.
(f) Conditions and Safeguards. The Board may prescribe any conditions, including a time limit for the effective period of the variance, it deems necessary to ensure that the variance is carried out in a manner consistent with the intent and provisions of this Zoning Code. Conditions shall be stated for the record and made part of the motion to approve a variance. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a punishable violation under this Code.
(g) Effect of Board Decision, Expiration of Variance. The effect of approval of a variance by the Board shall be to order the Director to issue zoning approval authorizing use or construction consistent with the variance and any conditions attached to the approval, provided that the proposed use or construction conforms to the provisions of this Code in all other respects. No variance shall be valid for a period longer than twelve (12) months from the date of such order unless the building permit or zoning approval is obtained within such period, and unless the erection or alteration of a building is started or the use is commenced within such period in compliance with the approvals and permits. In the alternative, a variance granted in association with a preliminary or final site plan shall not expire as long as the approval of the associated site plan has not expired. When a site plan has been stipulated as a condition of approval of the variance, the granting of the variance shall be contingent on conformance with the site plan.
(Ord. 2008-194. Passed 12-1-08.)
1139.04 APPEAL OF ADMINISTRATIVE ACTION.
Appeals to the Board of Zoning Appeals may be taken by any person, firm or corporation, or by any officer, board or department of the City, deeming himself or itself to be adversely affected by the decision of an administrative official who has rendered the decision as a result of the official’s authority or responsibility for administration of this Zoning Code. Appeals shall be made no later than fifteen (15) calendar days after the date of any adverse decision and only after the appellant has exhausted all other administrative remedies available under this Code. The appellant shall post security for the cost of all action required for the hearing of the appeal. Within its powers, the Board may reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may issue or direct the issuance of a permit or certificate. The Board shall decide all such appeals within ninety (90) days after the date of the hearing except that such time may be extended by mutual consent.
(Ord. 2001-169. Passed 7-23-01.)
1139.05 AMENDMENT OF ZONING CODE AND ZONING DISTRICT MAP.
(a) Initiation of Amendments. Amendments may be initiated by motion of Council, by one or more owners of property within the area proposed to be changed or affected by the proposed amendment, or by recommendation of the Planning Commission to Council.
(b) Contents of Application; Fee.
(1) All applications for a zoning amendment shall be submitted on a form obtainable from the Director and shall include evidence that the existing zoning regulation is unreasonable with respect to the particular property concerned and deprives the property owner of the lawful and reasonable use of his land and/or evidence that the proposed amendment would materialize in an equal or better zoning regulation than that existing. For the purposes of this Zoning Code, a limitation upon the financial gain from the land in question shall not constitute unreasonable zoning.
(2) Any person or persons desiring an amendment of the Zoning Map shall accompany the petition for such with a statement giving the names and addresses of the owners of all properties lying within seven hundred fifty (750) feet of any part of the property, the zoning of which would be changed by the proposed amendment if enacted.
(3) Any application for an amendment to this Zoning Code shall include a fee as required by Chapter 1135.
(c) Referral to Planning Commission. Every amendment originating in Council shall be referred in writing by a motion recorded on the journal of Council to the Planning Commission for a recommendation of approval, disapproval or modification, and the Commission shall be allowed not less than thirty (30) days and not more than ninety (90) days, for consideration and report. All proposed amendments referred to the Planning Commission shall not be acted upon by Council until the Commission has made a report thereon or until the expiration of ninety (90) days, whichever occurs first, except that Council and the Commission may agree with cause to extend the time permitted for the Commission to make its report. No ordinance, measure or resolution which differs from the report or recommendation(s) made by the Planning Commission shall take effect unless passed or approved by more than two thirds (2/3) of the number of members of Council.
(d) Public hearing. Council shall hold a public hearing before the adoption of any proposed amendment. Within a reasonable time after the initiation of a proposed amendment, Council by a motion recorded on the journal shall fix the time and place of the public hearing on the proposed amendment. Such hearing shall be set not less than thirty (30) days from the date of the publication required herein, and the Clerk of Council shall cause notice to be given as provided in Section 1139.06
Uniform Notice of Hearing .
(e) Addition of definitions. Whenever an amendment is made to the text of the Zoning Code, the appropriate definitions pertinent to such amendments shall be included in Chapter 1133
. (Ord. 2000-143. Passed 6-26-00; Ord. 2008-194. Passed 12-1-08.)
1139.06 UNIFORM NOTICE OF HEARING.
(a) Applicability. Except as otherwise provided by state or federal law, notices shall be issued as required below for public hearings required by this Zoning Code for:
(1) Conditional zoning certificates,
(2) Variances, and
(3) Zoning amendments.
(b) Required Notices. At least ten (10) calendar days prior to the hearing date, (except as provided at (c) below) the Clerk or Secretary of the body conducting the hearing shall issue the following notices:
(1) Newspaper notice. The Clerk shall publish in a newspaper of general circulation in the city a public notice which includes: the address or other description of the subject property; a summary of the matter(s) to be decided; the location and times at which public documents relating to the matter(s) may be inspected; the name of the body (e.g., City Council, Board of Zoning Appeals, Planning Commission) which will hear and decide the matter(s); the date, time, and place of the hearing; a statement encouraging parties in interest to attend and to observe or participate in the hearing. Multiple hearings to be conducted consecutively by the same hearing body, at the same place and date, may be advertised in a single notice.
(Ord. 2008-194. Passed 12-1-08.)
(2) Mail notice. The Clerk shall mail by first-class postal delivery to all owners (as identified on current tax records) of commercial and industrial property within seven hundred fifty (750) feet and to all owners (as identified on the current tax records) of residential property within four hundred (400) feet of the property which is the subject of the hearing, and to the Clerk of Council, a notice containing the same information stated in subsection (b)(1) above. (Ord. 2014-114. Passed 9-22-14.)
(3) Sign notice. The Zoning Inspector shall install one (1) hearing notice sign in the public right-of-way for each road frontage of the subject property in a manner clearly visible from the road. The notice sign shall include: the name of the body which will conduct the hearing; the date, time and place of the hearing; the type of request which is the subject of the hearing; and the phone number of the Clerk. The Zoning Inspector shall place the signs as required for a period of not less than the seven (7) days prior to the hearing.
(4) Date of newspaper notice for zoning amendments. Newspaper notice of a hearing before City Council for any amendment to the Zoning Code or to the Zoning Map shall be issued at least thirty (30) days prior to the hearing.
(5) Failure to issue or receive notice. It is the intention of this section to require notice to interested parties, to afford opportunities to inspect public documents, and to encourage interested parties to observe and participate in public proceedings. The failure to notify as provided in this section shall not invalidate any proceedings or actions taken as a result thereof.
(Ord. 2008-194. Passed 12-1-08.)