Unless otherwise provided, for the purpose of interpreting this Zoning Code the following terms, phrases, words and their derivations shall have the meanings given herein, and shall be construed as if followed by the words "or part thereof"; and words used in the singular shall include the plural.

(Ord. 56-71. Passed 5-15-56.)

To end on, terminate against and/or edge upon fully or partially another property boundary.

(Ord. 05-53. Passed 6-27-05.)

Accessory building is a subordinate building located on a lot containing a main building and the use of which is customarily incidental to that of the main building.

(Ord. 56-71. Passed 5-15-56.)

Accessory use is a subordinate use located on the same lot with a principal use and for a purpose customarily incidental to such principal use.

(Ord. 56-71. Passed 5-15-56.)

Administrative office building is a building or group of buildings designed and used for managerial, administrative, or executive business activities without sale or furnishing of service other than to the occupying owner or lessee thereof.

(Ord. 56-71. Passed 5-15-56.)

Apartment is a room or suite of rooms in an apartment house, which room or suite is designed and used as the residence of a single-family, individual or group of individuals.

(Ord. 56-71. Passed 5-15-56.)

Apartment house is a building designed and used as a residence by three or more families living independently of each other and doing their own cooking upon the premises; or by three or more individuals or groups of individuals living independently but having a common heating system and a general dining room.

(Ord. 56-71. Passed 5-15-56.)

The combined square feet of all habitable, usable and common areas within all existing buildings at the time of adoption of Chapter 1124. The following areas are not considered in the calculation of Baseline Total Square Feet: attics, crawl spaces, and unfinished basements.

(Ord. 05-53. Passed 6-27-05.)

Building is any structure designed, built or occupied as a shelter or enclosure for persons, animals or property of any kind.

(Ord. 56-71. Passed 5-15-56.)

Building height is the vertical distance measured from the designed finished ground grade at center of front elevation.

(Ord. 00-105. Passed 11-20-00.)

Building line is the line between which and the street line of a lot no building, structure or use may be located, except as authorized in this Zoning Code.

(Ord. 56-71. Passed 5-15-56.)

Business district is a Retail Business District or Commercial Business District.

(Ord. 56-71. Passed 5-15-56.)

Community garage is a group of private garages, either detached or under one roof, arranged in a row or around a common means of access, for the storage of automobiles of residents of the premises upon which such community garage is located.

(Ord. 56-71. Passed 5-15-56.)

Conditional uses means certain types of main uses, so classified because of their uncommon characteristics which shall not be permitted in the First and Third Residence Districts by right. Such uses require consideration and approval by the Planning Commission according to procedures and standards set forth in Chapter 1124.

(Ord. 05-53. Passed 6-27-05.)

Corner lot is a lot abutting upon two or more streets at their intersection. This definition shall include a lot abutting upon an open space dedicated to public use in the same manner as to a lot abutting upon a street.

(Ord. 56-71. Passed 5-15-56.)

Developmental disability means a disability that originated before the attainment of 18 years of age and can be expected to continue indefinitely, constitutes a substantial handicap to the person's ability to function normally in society, and is attributable to mental retardation, cerebral palsy, epilepsy, autism or any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior or requires similar treatment and services.

(Ord. 90-18. Passed 3-19-90.)

Double house is a detached dwelling designed and used for residence by two families living side by side with a party wall between.

(Ord. 56-71. Passed 5-15-56.)

Duplex dwelling is a two-family dwelling or double house located on a corner lot and having not more than one entrance upon each street.

(Ord. 56-71. Passed 5-15-56.)

Dwelling is a building designed and occupied as a residence by not more than two families living independently of each other and doing their own cooking upon the premises.

(Ord. 56-71. Passed 5-15-56.)

Family is a single individual living upon the premises as a separate housekeeping unit; or a collective body of persons living together upon the premises as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bonds.

(Ord. 56-71. Passed 5-15-56.)

Family home means a home in which persons with developmental disabilities reside, that provides room and board, personal care, habilitation services and supervision in a family setting for not more than eight persons with developmental disabilities.

(Ord. 90-18. Passed 3-19-90.)

Finished liveable floor area is the sum of the floor areas completed for year around living. Finished liveable floor area of the half story of a one and one-half story dwelling shall be the floor area enclosed within the inner face of walls having a minimum height of five feet. The floor areas of the room or the rooms containing the central heating plant, the water heater, or the incinerator shall be excluded in computing finished liveable floor area.

(Ord. 56-71. Passed 5-15-56.)

Floor area is the sum of the horizontal areas of the several floors of a building at or above 48 inches below grade level, excluding areas used for accessory garage purposes and such areas as are devoted exclusively to uses accessory to the operation of the main structure. All horizontal dimensions shall be taken from the exterior faces of walls.

(Ord. 56-71. Passed 5-15-56.)

Foundation area is the space enclosed by the exterior faces of the exterior walls of a foundation measured horizontally at grade level.

(Ord. 56-71. Passed 5-15-56.)

Front yard is a yard extending the full width of the lot upon which it is located between the street line of such lot and any building located thereon.

(Ord. 56-71. Passed 5-15-56.)

Grade level is the mean elevation of the ground adjoining a main building or structure on all sides.

(Ord. 56-71. Passed 5-15-56.)

Group home means a home in which persons with developmental disabilities reside, that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but not more than 16 persons with development disabilities.

(Ord. 90-18. Passed 3-19-90.)

Hospital is a building in which people suffering from physical sickness or injury are temporarily harbored for medical or surgical treatment.

(Ord. 56-71. Passed 5-15-56.)

Lot is a portion or parcel of land, abutting in part upon a duly dedicated street, considered as a unit devoted or to be devoted to a certain use or occupied by a building or structure or group of buildings or structures with or without accessory buildings, structures or uses that are united by a common interest or use, and the open space belonging to the same. A lot may or may not be a plotted lot.

(Ord. 56-71. Passed 5-15-56.)

Lot line is the boundary of a lot separating it from adjoining land, public or private. It may or may not be the boundary line of a lot in a recorded subdivision.

(Ord. 56-71. Passed 5-15-56.)

Main building or structure is a building, structure or space occupied by the chief use or activity on the premises.

(Ord. 56-71. Passed 5-15-56.)

Nonconforming building, structure or use is a building, structure or use that does not conform to the regulations herein for the district in which it is located.

(Ord. 56-71. Passed 5-15-56.)

One and one-half story dwelling is one with floor areas on two levels one above the other connected by stairs with the ceiling area of the upstairs smaller than the floor area of the downstairs and at least seven and one-half feet above the upstairs floor.

(Ord. 56-71. Passed 5-15-56.)

One story dwelling is a single-family dwelling containing no liveable floor area in the second story thereof.

(Ord. 56-71. Passed 5-15-56.)

Any parcel or area of land not improved and/or covered by buildings or pavement which parcel or land is set aside, dedicated, designated and/or reserved for recreation, enjoyment or leisure.

(Ord. 05-53. Passed 6-27-05.)

Parking lot is a lot or a parcel of land designed and used for the temporary parking of motor vehicles.

(Ord. 56-71. Passed 5-15-56.)

Parking space is an enclosed or unenclosed area of not less than 180 square feet, exclusive of driveways, for the parking of one motor vehicle.

(Ord. 56-71. Passed 5-15-56.)

Private garage is a building or structure, or part thereof, designed and used for storage of motor vehicles of residents or of the occupying owner or lessee of the premises upon which such garage is located. The lot on which such garage is located shall contain not less than 3,000 square feet for each parking space provided by such garage.

(Ord. 56-71. Passed 5-15-56.)

Public hearing is a hearing open to the general public, held after public notice thereof has been given, at which time any person shall be entitled to be heard concerning the subject matter of the hearing.

(Ord. 56-71. Passed 5-15-56.)

Public notice is a notice given by either:

(a)

Publication in a newspaper of general circulation in the City; or

(b)

Written notification to abutting property owners.

Unless otherwise provided, such notice shall be given not less than ten days before the proceeding or action to which it refers will take place.

(Ord. 71-81. Passed 6-7-71.)

Rear yard is a yard extending the full width of a lot between the main building or structure located thereon and the rear lot line.

(Ord. 56-71. Passed 5-15-56.)

Research laboratory is a building or group of buildings designed and used for scientific experimental study, testing or analysis without manufacture of merchandise or products and without sale or furnishing of services to other than the occupying owner or lessee thereof.

(Ord. 56-71. Passed 5-15-56.)

Residence district is a First Residence District or Third Residence District.

(Ord. 78-136. Passed-12-4-78.)

Retail shop is a shop designed and used for custom work or the making of articles for sale at retail on the premises.

(Ord. 56-71. Passed 5-15-56.)

Seat is a facility installed or indicated for the seating of one adult person, and includes each 24 lineal inches of benches, pews, space for loose chairs or similar seating facilities.

(Ord. 56-71. Passed 5-15-56.)

Side yard is a yard extending from the front yard to the rear yard of the lot upon which it is located, between the main building or structure located thereon and the nearest lot line. On irregular lots side yards shall be fixed by first determining the necessary side yard at the building line. If the width of the lot at the building line is greater than any line parallel to the building line located to the rear of the building line, then in that event the minimum side yard shall be not less than that required at the building line. If the width of the lot at the building line is less than any line parallel to the building line located to the rear of the building line, a line shall be drawn parallel to the building line at the widest point of the lot to the rear of the building line, and side yard requirements shall be established on this line as if this line is the building line. The minimum side yard requirements for the irregular lots shall be finally established by connecting the points established on the building line with those on the parallel line.

(Ord. 61-194. Passed 11-20-61.)

Sign is a surface used for the public display of pictorial or literary matter.

(Ord. 56-71. Passed 5-15-56.)

Single-family dwelling is a detached building designed and used for occupation exclusively as a residence of one family.

(Ord. 56-71. Passed 5-15-56.)

Special permit is a permit authorized by the Board of Zoning Appeals after public hearing thereon before said Board and after said Board finds that such yards and other safeguards to preserve the character of the surrounding neighborhood are provided as said Board may deem necessary and that the building, structure or use for which a permit is sought will not be harmful to, or will not adversely affect, the district in which such building, structure or use will be located.

(Ord. 56-71. Passed 5-15-56.)

Split level dwelling is one containing floor area on two or more levels with not less than three feet nor more than six feet vertical distance between the plane of one floor level and the plane of the next higher floor level.

(Ord. 56-71. Passed 5-15-56.)

Story is that portion of a building between the surface of any floor therein and the surface of the floor next above, or, if there be no floor above, that portion of a building included between the surface of a floor and the surface of the ceiling next above.

(Ord. 56-71. Passed 5-15-56.)

Street line is the line dividing a lot from a street, whether the street be improved or unimproved.

(Ord. 56-71. Passed 5-15-56.)

Structure is anything other than a building built or erected, including among other things shelters, stadia, reviewing stands, band stands, display stands, bleachers, booths, parking lots, swimming pools, skating rinks, platforms, decks, towers, bridges, trestles, frameworks, bins, barriers, poles and tanks above or below ground; and shall also mean the supporting framework thereof and appurtenances thereto.

(Ord. 92-96. Passed 10-5-92.)

Structure height is the vertical distance measured from the grade level to the highest point of a structure.

(Ord. 56-71. Passed 5-15-56.)

Two-family dwelling is a detached building designed and used for occupation as the residence of two families, one of which has its principal living rooms on the first floor and the other of which has its principal living rooms on the second floor.

(Ord. 56-71. Passed 5-15-56.)

Two-story dwelling is a single-family dwelling in which the area of the ceiling of the second story thereof is not less than the floor area of the first story thereof.

(Ord. 56-71. Passed 5-15-56.)

Variance is a deviation from the requirements of this Zoning Code granted by the Board of Zoning Appeals in cases of practical difficulty or unnecessary hardship under the provisions of and as limited by Chapter 1127, Board of Zoning Appeals.

(Ord. 56-71. Passed 5-15-56.)

Yard is an open space on the same lot with a main building or structure, extending between a lot line to the nearest front, rear or side wall of such building or structure.

(Ord. 56-71. Passed 5-15-56.)

Chapters 1121 et seq. of this Planning and Zoning Code shall be known and may be cited as the "Zoning Code" of the City.

(Ord. 54-42. Passed 4-29-54; Art. I, 11)

Zoning Ordinance is Ordinance 54-42, passed April 29, 1954.

The duty of administering and enforcing the provisions of this Zoning Code are hereby conferred upon the Building Commissioner and the Director of the Department of Building Engineering and Inspection, and their designees.

(Ord. 54-42. Passed 5-29-54. Art. IX, §1)

(Ord. No. 23-72, § 1, 6-20-2023)

Hereafter in the City no land shall be used or occupied, and no structure shall be built, used or occupied, except as permitted by this Zoning Code and in conformity with the regulations herein established for the district in which such land or structure is located.

(Ord. 54-42. Passed 4-29-54. Art. I, §2)

In a district the maximum heights of buildings and structures, the number and minimum dimensions of yards and other open spaces, and the areas of lots shall be in conformity with the regulations established for the particular district except where more restrictive regulations are imposed by other provisions of this Zoning Code.

(Ord. 54-42. Passed 4-29-54. Art. VII, §2)

(a)

In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements for the promotion of public health, safety and general welfare. Where this Zoning Code imposes greater restrictions upon the use of any land or structure, or requires larger open spaces, than are imposed or required by other law, ordinances, rules, regulations, permits, covenants or agreements, the provisions of this Zoning Code shall govern.

(b)

All structures, the construction of which has been begun or for which a contract or contracts have been let, prior to the passage of this Zoning Ordinance, on April 29, 1954, may be completed and used in accordance with the original plans.

(Ord. 54-42. Passed 4-29-54. Art. IX, §5)

Whenever renderings are required pursuant to Section 1177.01, the building, when constructed, shall comply in all respects with such rendering. Landscaping, fencing, screening and other exterior accessories and the use of open spaces shall be provided as shown on the rendering and on the site plan.

(Ord. 62-32. Passed 4-2-62.)

(a)

Whoever violates any of the provisions of this Zoning Code, or fails to comply therewith, shall, for each and every violation be guilty of a misdemeanor and fined not less than $25.00 nor more than $1,000.00. Each day's continued violation shall constitute a separate offense. (Ord. 84-104. Passed 9-17-84.)

(b)

Whoever, having control of any land or structure whereon or wherein any violation of this Zoning Code shall occur, and whoever assists in the commission of any such violation, shall each be guilty of a separate offense and shall be liable to penalty as herein provided.

(c)

The City shall have the further right of institution of injunction proceedings in any court of competent jurisdiction to prevent or terminate any violation of this Zoning Code.

(Ord. 54-42. Passed 4-29-54. Art. XI, §1.)

(a)

Conditional uses are a classification of uses that are determined to generally be compatible in the district in which they are listed as a conditional use. However, this category of uses is so classified because of the need to adequately monitor the proposed use in order to ensure that the use and its operational aspects are indeed appropriate in the specific location in which the use is proposed. Such monitoring is necessary because the external impacts of a particular use are either sufficiently varied or indeterminable in advance and therefore may vary from site to site, making it possible that, without the Planning Commission's review, a particular use could be inappropriate in a certain location within the district.

(b)

These regulations are intended to ensure that conditional uses are reviewed in a reasonable and equitable manner, while safeguarding the property rights of all individuals and the health, safety, and general welfare of the community. Toward these ends, it is recognized that this Zoning Code should provide for more detailed evaluation of each use listed as a conditional use in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, requirements for public facilities and traffic generation. In considering a proposed conditional use, the Planning Commission may assign reasonable requirements to ensure that the proposed development is appropriate in the location in which it is proposed. Accordingly, conditional use permits shall conform to the procedures and requirements of this Chapter and Chapter 1129.

(Ord. 05-52. Passed 6-27-05.)

An application for a conditional use permit shall comply with Chapter 1129 and shall be submitted by the Building Director to the Planning Commission for approval. The Commission shall approve or disapprove the application within 60 days from the date of referral unless a different period of time is provided by Council. If the Commission fails to act within the time allotted, it shall be deemed to have approved such matter. The Planning Commission's disapproval may be appealed to Council as provided under Bay Village City Charter Section 7.4.

(Ord. 05-52. Passed 6-27-05.)

The Planning Commission shall determine, in approving a conditional use, that the proposed use will comply with the general standards in this Section 1124.03 pertinent to each use indicated therein. An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:

(a)

First and third residential districts.

(1)

Minimum lot size of 2 acres.

(2)

Front set back in first and third residential district not less than 50 feet but in no event not less than as shown for such lot on the Zone Map No. 2 of the City of Bay Village dated October 3, 1972, for buildings which were conforming, as well as nonconforming buildings, which were lawfully existing prior to the effective date of this section of the Zoning Code.

(3)

Rear yard set back 30 feet abutting a residential district; ten feet abutting a commercial district.

(4)

Side yard set back 30 feet abutting a residential district; ten feet abutting a commercial district.

(5)

Front yard parking will not be permitted.

(6)

Side and rear yard parking setback abutting residential district 25 feet (ten feet in abutting commercial district).

(7)

Maximum main and accessory buildings coverage of site 25 percent.

(8)

Minimum open space of site 25 percent.

(9)

Minimum frontage of 150 feet.

(10)

Buffering consistent with Codified Chapter 1165.

(11)

Maximum height two stores, not to exceed 35 feet.

(12)

Traffic impact analysis by a professional engineer to be provided by applicant if requested by the Planning Commission.

(13)

In determining total square foot for new construction and/or additions, attics, crawl spaces and unfinished basements will not be included.

(b)

Safeguards and conditions.

(1)

Safeguards and conditions may also be set forth in the permit in addition to the general standards set forth in subsection (a) herein, which are deemed necessary for the general welfare, for the protection of individual property rights and for insuring that the intent and objectives of this Zoning Code will be observed.

(Ord. 05-52. Passed 6-27-05.)

(a)

Purpose. The purpose of this Section is to recognize the existence of uses, buildings, lots and structures that lawfully existed in the First and Third Residence Districts at the time of this Zoning Code amendment, but which now do not conform to the new regulations.

(b)

Existing use deemed conditional use. Any lawfully existing use that, at the time of its establishment, that was not classified as a Conditional Use, but which now, because of the amendment of this Zoning Code is listed as a Conditional Use, shall be deemed without further action to be a conforming conditional use.

(c)

Nonconforming buildings, structures, and site. Conditional Uses which have nonconforming buildings, structures or site conditions which were conforming prior to the effective date of this Zoning Code and which became nonconforming due to amendment of this Zoning Code, shall be deemed lawful nonconforming buildings, structures and sites.

(d)

Interpretation. For the purpose of interpretation and application of this section, a baseline for each structure or building shall be established at the time of enactment of this amendment. The expansion or expansions of new or existing structures permitted under this section shall be cumulative. When the sum of future expansions, reduced by the removal of footage other than attics, crawl spaces and unfinished basements, exceeds a total of 35% of the established baseline total square feet, this section shall apply.

(e)

Maintenance and repair of structures. Ordinary repairs may be performed on a nonconforming structure or on any portion of a structure that contains a nonconforming use.

(f)

Alteration or reconstruction of a nonconforming use. A building or structure occupied by a nonconforming use may not be altered, improved, or reconstructed and is subject to the regulations of Chapter 1125.

(g)

Reconstruction of a structure with a nonconforming site condition. No building or structure that is nonconforming under this Chapter shall be reconstructed to the original nonconforming conditions if the reconstruction exceeds 50 percent of the building's replacement value.

(h)

Nonconforming structure and site condition. A structure or site which becomes nonconforming due to the adoption of this amendment may add to its existing main and accessory buildings, up to 35 percent of baseline total square feet without remedying the nonconforming site conditions. If more than 35 percent of baseline total square feet are added to the existing main, and accessory buildings, nonconforming site conditions must be brought into compliance unless the Planning Commission determines that such conformance cannot be reasonably achieved due to existing site conditions. In such case, the Planning Commission shall approve a proposed project that reduces the existing nonconforming site condition(s) to the maximum extent practicable.

(i)

Nonconforming parking facilities. A building or use existing lawfully at the time of adoption of this amendment to the Zoning Code that does not comply with the off-street parking requirements for that use may continue without a change to such parking facilities. In the event that a use is changed or substituted, then additional off-street parking spaces shall be provided in accordance with Chapter 1191.

A building or use with nonconforming off-street parking requirements due to the adoption of this amendment may add to its existing main and accessory building up to 35 percent of baseline total square feet without remedying the nonconforming off-street parking requirement. If more than 35 percent baseline total square feet is added to the existing main and accessory buildings, nonconforming off-street parking requirements must be brought into compliance unless the Planning Commission determines that such conformance cannot be reasonably achieved due to existing site conditions. In such case, the Planning Commission shall approve a proposed project that reduces the existing nonconforming off-street parking requirement to the maximum extent practicable.

(Ord. 05-52. Passed 6-27-05.)

Except as provided in this Chapter 1125, a lawful building, structure or use existing on the effective date of this Zoning Ordinance may be continued even though such building, structure or use does not conform to the provisions of this Zoning Code for the district in which such building or use is located.

(Ord. 56-101. Passed 7-17-56.)

(A)

Use. No expansion of a nonconforming use, or change to any use other than a conforming use, shall be permitted except pursuant to a permit from the Board of Zoning Appeals. Such permit shall be issued only if the Board of Zoning Appeals finds that:

(1)

All of the requirements of C.O. 1127.04(D) and (E) have been satisfied;

(2)

The issuance of the permit will promote the general welfare of the City; and

(3)

The issuance of the permit will not tend to perpetuate a nonconformity which otherwise probably would be discontinued at an earlier date than would be true if the permit is issued. (Ord. 56-101. Passed 7-17-56.)

(B)

Building or structure. No enlargement or change in a nonconforming building or structure except such as will result in a conforming building or structure or except as may be required by the provisions of Chapter 1344 of the Building Standards, shall be permitted nor shall any accessory building be erected, enlarged or altered on premises on which a nonconforming main building or structure exists, except:

(1)

By the Building Commissioner upon the determination by him that such main building or structure is in conformity with requirements of all ordinances as to setback, yard areas, percentage of lot occupancy, Building Standards, and all other applicable ordinances except as to requirements for foundation area and/or livable floor area, and upon the further determination by him that the issuance of the permit will promote the general welfare of the City, or

(2)

By the Board of Zoning Appeals upon a determination by the Board that:

(a)

All of the requirements of C.O. 1127.04(D) and (E) have been satisfied;

(b)

The issuance of the permit will promote the general welfare of the City;

(c)

The issuance of the permit will not tend to perpetuate a nonconformity which otherwise probably would be discontinued at an earlier date than would be true if the permit is issued.

(Ord. 68-161. Passed 11-3-69.)

A nonconforming use which has been changed to another nonconforming use, or a nonconforming building or structure which has been enlarged or changed, shall not thereafter be returned to such former state of nonconformity.

(Ord. 56-101. Passed 7-17-56.)

(A)

Whenever a nonconforming use has been discontinued for a period of six consecutive months, such nonconforming use shall not thereafter be continued. Any subsequent use shall be in conformity with the provisions of this Zoning Code for the district in which such use is located.

(B)

Whenever the use of a nonconforming structure or building has been discontinued for a period of six consecutive months such nonconforming structure or building shall within a period of one year after the expiration of such six months be removed or changed so as to conform with the provisions of this Zoning Code for the district in which such structure or building is located. Until the removal or change of such nonconforming structure or building as required by the provisions of this Zoning Code, no use shall be made of such nonconforming structure or building after such six months period of nonuse.

(Ord. 56-101. Passed 7-17-56.)

(a)

A Board of Zoning Appeals is hereby established. Board, when used in this Zoning Code, means the Board of Zoning Appeals.

(b)

The Board shall consist of seven electors of the City not holding other Municipal office or appointment, to be appointed by the Mayor with the concurrence of a majority of the members of Council. The present members of the Board shall continue to serve until the expiration of their respective terms. Thereafter, all appointments by the Mayor shall be for a term of five years. Any appointment or selection to fill a vacancy shall be only for the unexpired portion of the term.

(c)

The Board shall elect its own chairperson and secretary. A majority of the Board shall constitute a quorum to do business, but any decision made by the Board on matters before it upon which it is required to pass under the provisions of the Zoning Code shall require a majority vote of all members appointed to and serving on the Board. All members voting shall be present at the meeting when such decision is made. If all members are not present, the applicant may request a delay so that all members may be present. An applicant may delay a decision up to two times. Subsequently, action may be taken by the Board, regardless of all members being present, as long as there is a quorum. The Mayor may remove, for cause, any member.

(Ord. 08-59. Passed 6-30-08.)

(a)

Regular meetings of the Board of Zoning Appeals shall be held at 7:30 p.m. on the first and third Thursdays of each month, and at such other times as the Board may determine, or upon call of the Chairperson. In the event the first or third Thursday in any month falls on a legal holiday, the meeting scheduled thereon shall then be held within seven days thereafter at a time determined by the Chairperson of the Board. All meetings shall be open to the public.

(b)

The Board shall keep records of its proceedings showing the vote of each member upon each question, or, if a member is absent or fails to vote, indicating such facts. The Board shall keep records of its examinations and other official actions.

(c)

Every rule, regulation, order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and become a public record, and an additional copy thereof shall be filed with the Clerk of the City.

(Ord. 08-59. Passed 6-30-08.)

(a)

An appeal from any decision relating to any ordinance within the Codified Ordinances under the jurisdiction of the Building Director may be made to the Board by any person aggrieved or affected by such decision.

(Ord. 08-59. Passed 6-30-08.)

(a)

The Board shall adopt such rules or regulations as may be necessary to carry into effect the provisions of this Zoning Code and to exercise the powers and jurisdiction conferred upon it by this Zoning Code.

(b)

Any member of the Board shall have the power to subpoena and require the attendance of witnesses, administer oaths and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.

(c)

The Board shall hear and decide appeals de novo and shall review on appeal any order, requirement, decision or determination of the Building Director relating to the enforcement of this Zoning Code. It shall also hear and decide all matters properly referred to it, or upon which it is required to pass, under the provisions of these Codified Ordinances. Within its powers the Board may reverse or affirm wholly or in part, or modify, the order, requirement, decision or determination of the Building Director appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made under the circumstances and to that end shall have all the powers of the officers from whose decision the appeal is taken.

(d)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, on appeal from a decision of the Building Director the Board shall have the power in a specific case, to vary or modify the application of any such provisions in harmony with the general purpose and intent of this Zoning Code so that the public health, safety, morals and general welfare may be secured and substantial justice done. In granting a variance, after public notice, the Board may require appropriate conditions and safeguards that they deem necessary to protect, promote and improve the surrounding properties and neighborhood. Such variance shall be limited to specific cases where the following conditions also exist:

(1)

The practical difficulty or unnecessary hardship inheres in and is peculiar to the premises sought to be built upon or used because of physical size, shape or other characteristics of such premises or adjoining premises which differentiate such premises sought to be built upon or used will create a difficulty or hardship caused by a strict application to the provisions of this Zoning Code not generally shared by other lands or structures in the same district.

(2)

Refusal of the variance or modification appealed for will deprive the owner of the premises sought to be built upon or used of substantial property rights.

(3)

Granting of the variance or modification appealed for will not be contrary to the purpose and intent of the provisions of this Zoning Code.

(e)

When appealing for a variance or modification, the appellant shall state and substantiate his claim that each of the three conditions listed under subsection (d) above exists, and the Board shall make a finding on each of such three conditions as they apply in each specific case as a prerequisite for the granting of the variance or modification. Such appeal shall be submitted to the Building Department in writing no later than noon of the fourteenth day in advance of the meeting at which the appeal is to be heard.

(Ord. 08-59. Passed 6-30-08.)

There shall be a nonrefundable fee as listed in Chapter 1305 of the Codified Ordinances accompanying each request for hearing before the Board of Zoning Appeals for:

(a)

Request for a variance; and/or

(b)

Appeal from a ruling of the Building Director.

(Ord. 08-59. Passed 6-30-08.)

No order of the Board of Zoning Appeals granting a variance shall be valid for a period longer than 12 months from the date of such order unless the building permit or zoning approval is obtained within such period, and the erection or alteration of a building is started or the use is commenced within such period. The Board may grant an extension of time for good cause shown.

(Ord. 08-59. Passed 6-30-08.)

The purpose of the Architectural Board of Review is to protect the value, appearance, and use of all property, except residential one, two, and three family homes, and family and group homes, on which buildings are constructed or altered, to maintain a high character of community development, to protect the public health, safety, convenience, and welfare, and to protect real estate within the City from impairment or destruction of value. The Architectural Board of Review shall review and approve the design, amenities, quality, relationships to natural features and other aspects of building and site development plans which relate to the appearance of an entire project, all of its parts and its surroundings. All standards, regulations and criteria contained in this Zoning Code, which pertain to all property, except residential one, two, and three family homes, and family and group homes, shall be considered by the Architectural Board of Review in its review.

(Ord. 08-60. Passed 7-1-08.)

There is hereby established an Architectural Board of Review consisting of the following five members, all residents of the City, appointed by the Mayor with confirmation by a majority of the members of Council provided for in the Charter, and a member of Council appointed by Council.

(a)

Two architects duly authorized and registered to practice architecture in and under the laws of the State of Ohio, and shall have been actively engaged in general practice of architecture as a registered architect in the State of Ohio for a period of not less than ten years prior to their appointment to the Board, and shall have been a resident of this City for not less than three years prior to their appointment to the Board. Council may waive the residence requirement provided herein.

(b)

Two non-architect members that have been a resident of the City for not less than three years prior to their appointment to the Board.

(c)

One member of Council appointed by Council.

(d)

A majority of the Board shall constitute a quorum to do business, but any decision made by the Board of matters before it upon which it is required to pass under the provisions of this code shall require a majority vote of all members appointed to and serving on the Board. All members voting shall be present at the meeting when such decision is made.

(e)

Each member shall be appointed by the Mayor with confirmation by a majority of the members of Council, for the following terms:

(1)

One member for a term expiring December 31, one year hence.

(2)

One member for a term expiring December 31, two years hence.

(3)

Subsequent appointments to the Board shall be for terms of three years each. Vacancies shall be filled for the remainder of unexpired terms in the same manner as the original appointments and confirmations. Appointments of alternate members shall be made by the Mayor with confirmations by a majority of the members of Council, for a term of three years each.

(f)

No member of the Board shall participate in the review of any work of which he/she or any partner or professional associate is the author, or in which he/she or they have any direct or indirect financial interest. If such an occasion should arise, the member so restrained shall yield his/her place to an alternate member.

(Ord. 08-60. Passed 7-1-08.)

The Planning Commission shall determine and advise the Architectural Board of Review on the schedule of meetings in order that applications can be processed expeditiously.

(Ord. 08-60. Passed 7-1-08.)

After receipt of a complete submission of an application, the Planning Commission shall refer to the Architectural Board of Review all proposed site development and building plans, except residential one, two, and three family homes, and family and group homes to the Architectural Board of Review. The Architectural Board of Review shall disapprove, approve, or approve with conditions.

(Ord. 08-60. Passed 7-1-08.)

The review and approval of projects by the Architectural Board of Review shall conform to the applicable requirement of Chapter 1129, "Approval Process—Conditional Uses, Public Use, Attached Housing, Cluster Development and Business/Commercial Structures."

(Ord. 08-60. Passed 7-1-08.)

The following standards and criteria are established to guide the Architectural Board of Review in its review of all development, except residential one, two, and three family homes, and family and group homes proposals:

(a)

Materials shall be appropriate for the use of the building, for weathering and for their relationship to other materials, including those used on adjacent building.

(b)

Colors and textures shall be appropriate for the size and scale of the building, for weathering and for their relationship to the site and adjacent buildings.

(c)

Architectural details and ornaments shall be meaningful to the overall design and appropriate for the size and scale of the building and for weathering.

(d)

Mechanical equipment shall be considered as it affects rooftop appearance, sidewall openings, sound levels, smoke and other nuisance aspects. Also, mechanical equipment shall be considered as it relates to overhead wires, gas and electric meter stations and any other visible appurtenances.

(e)

Approaches, drives and parking areas shall be considered as they affect the appearance from the street and from the site as well. The relationship of paving to the building shall be appropriate considering factors such as safety, drainage and landscaping.

(f)

Landscaping shall be appropriate for the size and use of the area, and for its relationship to the building, street, parking area, walks and adjacent buildings.

(g)

Lighting shall be considered for the appropriateness of night time illumination of the grounds, drives, walks, parking areas and the building, and its effect upon surrounding areas.

(h)

Signs shall be considered for the appropriateness of size, scale, shape, color and illumination in relation to the building site.

(Ord. 08-60. Passed 7-1-08.)

Incorporated regional materials and features can help the design of new or renovated buildings be compatible with its surroundings. These Design Guidelines are based on a study of materials and features used historically in Bay Village. The substitutions of compatible new materials suggested herein are offered as preferred alternatives.

(a)

Foundations.

(1)

Foundations are to be constructed of structurally designed masonry or poured concrete. The proper use of stone veneer, brick, or textured concrete on new foundations is encouraged.

(2)

The use of stucco, artificial stone, or synthetic brick is discouraged.

Asphalt damproofing and waterproofing that is exposed above grade is not acceptable. All concrete masonry units above grade shall be parged with a cementitous material.

(b)

Exterior walls. New construction can best blend into its community surroundings by using real wood siding. Historically four-inch clapboards (or slight variations thereof) are preferred. Other acceptable wood siding applications are beaded clapboards and horizontal tongue-and-groove siding.

Repairing or preserving original wood siding is preferred over replacement aluminum or vinyl siding. Replacement siding, if possible, that matches the original in appearance, material and workmanship is appropriate. When siding is applied, all architectural detailing should be retained.

(1)

Brick, split face concrete block, and stone are acceptable building materials when properly sized and colored to its surrounding environment.

(2)

When using brick, split face concrete block and stone, it is important to preserve at least the illusion of it being a solid wall rather than a single course or brick veneered to a stud wall.

(3)

The concept of having the street façade constructed with a masonry veneer and the other walls constructed of wood siding is generally discouraged.

(4)

The use of exterior finish insulation systems (EIFS) is discouraged.

(5)

Exterior lighting shall provide safety and security around the building, identify key building elements including building name, address, entry and focal points and shall be of consistent design, in character with the building. Exterior lighting shall be as low as possible and shielded to protect nearby residential areas from glare. Multiple low wattage light sources are preferred rather than high intensity overhead lighting.

(c)

Roofs.

(1)

Roofs are usually a defining visual feature of a building. It is strongly encouraged that buildings be designed with gables, hipped or gambrel roofs. Steeper pitches are preferable. Flat roofs are discouraged.

(2)

The roof shall be in scale and proportion to the overall massing of the building.

(3)

Careful considerations shall be given to the appropriate roofing material including color, detail and texture.

(d)

Gutters and downspouts.

(1)

It is desirable to retain built-in or concealed gutter systems, especially where they are part of prominent architectural feature. There must be a functioning gutter system, but care should be taken to ensure the system is architecturally compatible with the structure.

(e)

Windows and doors.

(1)

Windows and doors are important visual elements of commercial structures. The type, placement, and composition shall be compatible with the architectural style of the building.

(2)

Preservation of original wood windows and doors in historically significant buildings is strongly encouraged or replace with a system that replicates the detail and profile.

(f)

Exterior paint colors.

(1)

In general, the use of color shall be used as a means of improving the overall appearance of the community.

(2)

The color selection should be harmonious on the building and with the color schemes of neighboring buildings.

(3)

In general, subdued hues are preferable. Bright, harsh colors should be generally avoided.

(Ord. 08-60. Passed 7-1-08.)

(a)

Utilities and equipment. Mechanical equipment, communications, dumpsters, pad mounted transformers, and heating and ventilating equipment are often times a necessity for business today. In general, equipment shall be screened with visually appealing architectural elements or shall be placed in the interior of the building.

(b)

Ground equipment. These elements shall be screened by fencing or landscaping. Shrubbery can often effectively conceal ground equipment from view. In some instances, constructing attractive fencing can also camouflage such features.

(c)

Roof equipment. Heating and ventilation equipment, satellite dishes, and other mechanical equipment shall be set back from the face of the building to minimize site lines or screened from the front and side view such that they do not become intrusive features of the building (See Chapter 1339 for Dish Antennae requirements.)

(d)

Building utilities. Duct and vent penetrations, and utility services shall be concealed when possible.

(Ord. 08-60. Passed 7-1-08.)

(a)

Special attention should be given to the technical requirements contained in the Codified Ordinances. Consideration should be given to minimizing visual impact while accomplishing commercial purpose as an overall design goal.

(b)

Signage must be compatible with the characteristics and qualities surrounding the intended location. This guideline includes compatibility regarding materials, color and size of surrounding signs. Excessive illumination in terms of brightness and proposed hours of use is discouraged. Indirect lighting is encouraged in the appropriate settings.

(Ord. 08-60. Passed 7-1-08.)

Parking areas, lots, driveways and approaches shall be designed and sized in relation to the appearance of and compatible with the proposed development when viewed from public rights-of-way, adjacent property and the interior area of the development site. The appropriate design and size shall be accomplished by the width of approaches and driveways, by limiting the number of parking spaces to the required amount without excess parking and the use of landscape "islands" within large parking lots. Parking shall comply with Chapter 1191.

(a)

Lighting. Security and ornamental lighting shall enhance the parking design, driveway and adjoining landscaping. Light fixtures shall be of a design and size compatible with the building, parking and adjacent areas. Light fixtures shall be of a design and installed so as not to direct light or glare onto adjoining properties. Lighting shall comply with Chapter 1191.

(b)

Landscaping. Landscaping shall maintain an adequate and appropriate proportion of deciduous and non-deciduous trees. Landscaping shall be installed in locations and of appropriate scale and amounts so as to enhance the parking area design and clearly delineate entrances and exits without causing a sight barrier to vehicles. Trees and shrubs shall maintain a vertical height not less than eight feet above vehicle areas and sidewalks. "Buffering" shall comply with Chapter 1165.

(c)

Signage. Signs shall be designed to reflect the scale of the parking area, site and surrounding characteristics. Signs shall be designed for the safety and efficient flow of traffic entering and exiting the parking area. Signs shall comply with Chapter 1179.

(Ord. 08-60. Passed 7-1-08.)

(a)

Applicability. This Section applies to new construction or alterations or additions to the exterior of all structures within the City excluding residential one, two, and three family homes, and family or group homes. Commercial signs shall be reviewed by the Architectural Board of Review per Section 1129.02.

(b)

(1)

Submittal of preliminary plans and pre-submission conference. Prior to submission of formal development plans, the applicant may submit preliminary copies of the development plans which may include building elevation plans and a plot plan showing all above ground improvements to the Building Director for initial review. The Building Director may within 30 days of the submittal by the applicant, review the plan for general conformance to the development plan requirements of Section 1129.01(b)(1) and request that the applicant attend a pre-submission conference with the Planning Commission to preliminarily discuss the application. The applicant may make, if necessary, corrections, amendments or revisions and submit the complete development plans to the Building Director for formal review by the Planning Commission in accordance with Section 1129.01(b)(2).

(2)

Formal submittal requirements. Applications for the construction or expansion of all buildings except residential one, two, and three family homes, and family or group homes shall include the following. The number of copies required shall be decided by the Building Director. The Building Director shall have the right to waive any of the requirements he deems not to be necessary for an informed decision to be made on the application.

A.

Brief written description. Including site address and a description of the proposed use of the project, why the project is needed, and the intended materials and construction method.

B.

Site context plan. On a building base map, providing context within a larger area by showing adjacent streets, structures, buildings and landmarks. The actual site should be outlined on this plan.

C.

Site plan. Indicating existing and proposed buildings, streets, lot lines, parking space, driveways, curb cuts, landscaped areas, final grading plan, lighting, fences, sidewalks, signs, or other important features at or near the project site; drawn to scale and showing all relevant dimensions and noting such information as drainage plan, paving materials, etc.

D.

Buffer and landscape plan. Indicating grading, drainage, plant materials, roadways, walkways, and site furnishings (seating, lighting fixtures, etc.)

E.

Building elevations. For all sides of the building showing details, materials, colors, types of illuminations, signs, etc. (Section studies should be provided, where needed, to clarify understanding of special spaces and their effects on the elevations).

F.

Signage plan. Including basic sign parameters as to the location, size, style, illumination, height of proposed signs as well as all existing signs on the property. It shall include all information necessary to determine the maximum amount of signage permitted by Chapter 1179 and the amount of signage proposed for current and future tenants of a multi-tenant facility.

G.

Typical floor plans. Which clarify and justify the elevations and exterior changes proposed.

H.

Color photographs. Showing the site in the context of adjoining properties.

I.

Renderings. Ground line perspectives or "above view" isometrics or axonometrics for large projects or new construction.

J.

Sample of materials. Showing proposed colors and textures.

K.

Utilities. Evidence of adequacy of all required utilities and services.

L.

Traffic impact study. Performed by independent contractor/company specializing in traffic design and control.

M.

Temporary Commercial Construction Sign (one) not to exceed 32 sq. ft.

(c)

Submittal of plans.

(1)

All plans shall be submitted to the Building Director who shall promptly refer the same to the Planning Commission for its consideration.

(2)

Fees. A non-returnable application fee as required in Chapter 1305 shall accompany the application to the Building Department.

(d)

Approval process.

(1)

Time frame. The Planning Commission shall act on the formal application within 60 days from the date of its next regular meeting succeeding the date the formal application is filed, provided however, any matter referred to the Planning Commission by the Council shall be acted upon within 60 days from the date of referral. Failure of the Planning Commission to act within the time limits prescribed above shall be considered as though the application or referral is recommended. The Planning Commission may extend the time through a request to Council.

(2)

Referral to departments and tree commission. Planning Commission shall submit plans to the appropriate departments within the City for their comments; i.e., Fire, Police, Service, Law and to the Tree Commission. Written reports from the aforementioned departments and Tree Commission shall be provided to the Planning Commission for presentation at the required Public Hearing. Should the reports from the departments and/or Tree Commission identify problems or express concerns, the applicant may at his request, revise his plans and resubmit altered plans before proceeding further in the process. Any re-submittal shall set back to the beginning the 60-day time frame for Planning Commission action.

(3)

Referral to architectural board of review. All projects, except residential one, two and three family homes, and family or group homes, shall be referred to the Architectural Board of Review for approval on the design, amenities, quality, relationships to natural features and other aspects of building and site development plans which relate to the appearance of the project, all of its parts and its surroundings pursuant to the regulations in Chapter 1128.

A.

Time frame. The Architectural Board of Review shall complete its report on the application within 30 days from the date of its next regular meeting succeeding the date the application is referred. If the Architectural Board of Review fails to act within 30 days after it has received the application for a building permit from the Planning Commission, the Commission shall consider the application as approved by the Board. The Architectural Board of Review may extend the time limit by a request to Planning Commission.

B.

Input. The Architectural Board of Review shall make a determination only after such time as a Public Hearing is held before the Planning Commission and such input can be considered by the Architectural Board of Review.

C.

Disposition of board reports. Three copies of the report of the Architectural Board of Review shall be prepared.

1.

One shall be filed with the Planning Commission for its use.

2.

One shall be filed with the Clerk of Council and be open to public inspection.

3.

One copy shall be retained by the Board.

(4)

Public hearing.

A.

Requirement. The Planning Commission shall hold a public hearing on any such application.

B.

Public notice. The notice of the time and place of such hearing, along with a general description of the project, shall be:

1.

Newspaper. Published in a newspaper of general circulation in the City at least ten days in advance.

2.

Mailing. Provided by written notification to abutting property owners and any other property owners significantly impacted by such project. Mailing of the notices shall occur not less than ten days before the public hearing.

C.

Reports. Reports from the City Departments and Tree Commission which have reviewed the application shall be presented at the Public Hearing.

(5)

Variances. Should the report of the Building Department indicate the requirement for variances which are beyond the latitude of the Planning Commission, an appeal to the Board of Zoning Appeals shall be required pursuant to the regulations in Chapter 1127.

A.

Input. The Board of Zoning Appeals may make a determination only after such time as a Public Hearing is held before the Planning Commission and such input can be considered by the Board of Zoning Appeals.

B.

Time frame. The Board of Zoning appeals shall make a determination on the application within 30 days from the date of its next regular meeting succeeding the date the application is referred. The Board of Zoning Appeals may extend the time limit through a request of the developer or his agent.

(6)

Decisions. Subsequent to a Public Hearing, determination from the Architectural Board of Review and, if necessary, the granting of variances from the Board of Zoning Appeals, the Planning Commission may disapprove, approve or approve with conditions. If the application for a building permit is approved by the Planning Commission as required in this section, the Building Director shall issue a building permit.

A.

Public buildings and senior housing under the province of the municipality. Within five days after approval, the Secretary of the Commission shall file a certified copy thereof with the Clerk of Council. The filing with the Clerk of Council shall be reported by the Clerk of Council to Council at the next regular meeting thereof following such filing. Thirty days thereafter, the action of the Commission shall become effective unless prior thereto Council by resolution, adopted by a two-thirds vote of the total number of Council members sitting on City Council, shall have reversed such action.

Public buildings include schools, public libraries, public museums, senior apartments, community center buildings, public park, public playground, public recreation building, public service building, police and fire stations, city hall, water supply reservoir, tower or filter bed and any other public use deemed by the Council to be essential to the exercise of a municipal function.

B.

Public projects not under the province of the municipality. If any plan, design or other proposal concerning the character, extent, location or use of any public improvement or public property or change thereof within the territorial limits of the Municipality does not under the law or Charter provision covering the same, fall within the province of the Council or other official or agency of the Municipality, then the submission of the Planning Commission shall be by the State, County, district, school, Township or other official body, board, or commission having jurisdiction over such public improvement or property in accordance with the provision of the general laws of the State of Ohio.

The Planning Commission's disapproval may be overruled at any time after seven days written notice by the excepting body to the Planning Commission stating the reasons for such exception. Such overruling disapproval must be adopted by at least two-thirds of such excepting body.

(e)

Appeals. Any disapproval by the Planning Commission may be appealed to the City Council by the developer or his agent.

(1)

Time frame. Any appeal to City Council of a Planning Commission decision shall be filed with the Clerk of Council within ten days of the decision by the Planning Commission.

(2)

Public hearing. The City Council shall hold a public hearing on any such appeal.

(3)

Public notice. The notice of the time and place of such hearing, along with a general description of the project, shall be:

A.

Newspaper. Published in a newspaper of general circulation in the City at least ten days in advance.

B.

Mailing. Provided by written notification to abutting property owners and any other property owners significantly impacted by such project. Mailing of the notices shall occur not less than ten days before the public hearing.

(4)

Decision. It shall required a two-thirds vote of the total number of Council members sitting on City Council to overturn a Planning Commission decision.

(Ord. 08-61. Passed 6-30-08.)

(a)

Applicability. This Section applies to permits for signs which are subject to a Signage Plan which has already been approved by the Planning Commission or those signs which have been determined by the Building Director as not subject to a Signage Plan.

(b)

Submittal requirements. See Section 1179.08—Signs—Permit Applications.

(c)

Submittal of plans.

(1)

All plans shall be submitted to the Building Director who shall promptly refer the same to the Architectural Board of Review for its consideration.

(2)

Fees. See Chapter 1305 of the Building Standards—Permit and Inspection Fees.

(d)

Time frame. The Architectural Board of Review shall make a recommendation on the application to the Building Director within 30 days from the date of its next regular meeting succeeding the date the application is referred. The Architectural Board of Review may extend the time limit by an agreement with the developer or his agent.

(e)

Decision. The Architectural Board of Review shall issue its report to the Building Director with disapproval, approval or approval with modifications based upon any approved Signage Plan or other standards, criteria or guidelines adopted by the Board. The Building Director shall issue a permit only for those signs which are approved by the Architectural Board of Review or for those signs which are modified per the recommendation of the Architectural Board of Review.

(f)

Appeals. Any person aggrieved by an action or recommendation of the Architectural Board of Review may appeal to the Board of Zoning Appeals.

(1)

Time frame. Any appeal shall be filed with the Secretary of the Board of Zoning Appeals within ten days of the decision by the Building Director. A copy of such appeal shall also be filed with the Building Director. The Board of Zoning Appeals shall make a decision on the appeal within 30 days from the date of its next regular meeting succeeding the date the appeal is filed. The Board of Zoning Appeals may extend the time limit through a request of the developer or his agent.

(2)

Input. The Architectural Board of Review shall transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed was taken.

(3)

Decision. In modifying or reversing any order of the Architectural Board of Review, the affirmative votes of two-thirds of the membership of the Board of Zoning Appeals is required.

(Ord. 08-61. Passed 6-30-08.)