For the purpose of this Planning Zoning Code, hereafter the "Code", certain terms or words are used in a limited or special sense, as herein defined. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular. The word "shall" is mandatory and not directory.

(Ord. 7139-99. Passed 7-6-99.)

   "Accessory use or structure" means a use or a structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto.

(Ord. 7139-99. Passed 7-6-99.)

   "Alley" means a public or private way less than twenty-one feet (21 ft.) in width affording secondary means of access to abutting property.

(Ord. 7139-99. Passed 7-6-99.)

   "Apartment house" means a structure occupied or intended for occupancy by three (3) or more families using a common entrance and containing one (1) or more elevators if more than three (3) stories in height.

(Ord. 7139-99. Passed 7-6-99.)

   "Major automobile repair" means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; over-all painting or paint shop; and vehicle steam cleaning.

(Ord. 7139-99. Passed 7-6-99.)

   "Minor automobile repair" means repair of motor vehicles and trucks, not exceeding one ton (1 tn.) rating, and is limited to motor service and replacement of parts, provided such replacement does not require the disassembling or removal of the engine, transmission, rear axle or differential. No body work, painting or upholstering and no operations specifically authorized under "major automobile repair" shall be permitted.

(Ord. 7139-99. Passed 7-6-99.)

   "Basement" means any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

(Ord. 7139-99. Passed 7-6-99.)

   "Boarding or lodging house" means a building or portion thereof in which meals are sold or offered for sale by the day, week or month to the persons rooming in the same premises.

(Ord. 7139-99. Passed 7-6-99.)

   "Building" means any structure for the shelter or enclosure of persons, animals or chattels.

(Ord. 7139-99. Passed 7-6-99.)

   "Club" means a corporation or association of individuals organized in good faith for social, recreational, benevolent, charitable, fraternal, political, patriotic, religious or athletic purposes which is owner, operator, lessor or occupant of a permanent structure or part thereof, operated solely for such purposes a meetings, religious worship and incidental social events and associated accessory uses. Not included in this classification are dormitories or the serving of food or liquor on a daily, weekly or otherwise regularly scheduled basis for the consideration of the payment of money, even if that payment is in the form of dues or donations.

(Ord. 7435-01. Passed 2-18-02.)

   A "conditional use" is an uncommon or infrequent use which may be permitted in specific districts subject to compliance with certain standards and explicit conditions set forth in this Zoning Code and the granting of a conditional use permit.
(Ord. 7139-99. Passed 7-6-99.)

   A "day-care center" means any place approved and licensed by the Ohio Department of Health in which day care is provided for thirteen (13) or more individuals at one time.

(Ord. 7539-03. Passed 3-17-03.)

   A "day-care home, type A" means a permanent residence of the provider in which child day-care is provided for four to twelve children at one time and in which no more than four children are under two years of age at one time. In counting children, any children under six years of age who are related to the provider and who are on the premises of the type A home shall be counted.

(Ord. 7139-99. Passed 7-6-99.)

   A "day- care home, type B" means a permanent residence of the provider in which child day-care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted.

(Ord. 7139-99. Passed 7-6-99.)

   "Dwelling" means a building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, occupied or intended to be occupied exclusively for residence purposes by one or more persons in the same family unit, but does not include a tent, cabin, trailer or trailer coach, or a room in a hotel or motel.

(Ord. 7139-99. Passed 7-6-99.)

   "Dwelling, multi-family" means a building containing five or more dwelling units, including units that are located one over the other.

(Ord. 7139-99. Passed 7-6-99.)

   "Dwelling, single-family" means a building containing one dwelling and that is not attached to any other dwelling by any means and is surrounded by open space or yards.

(Ord. 7139-99. Passed 7-6-99.)

   "Dwelling, single-family attached" means a one-family dwelling attached to two or more one-family dwellings by common vertical walls. (Ord. 7139-99. Passed 7-6-99.)

   "Dwelling, three-six family" means a building on a single lot containing three-six dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to all dwelling units.

(Ord. 7139-99. Passed 7-6-99.)

   "Dwelling, two-family" means a building containing two single-family dwelling units totally separated from the other by an unpierced wall extending from ground to roof.

(Ord. 7139-99. Passed 7-6-99.)

   "Eating Establishment" means a place located in a permanent building provided with space and accommodations wherein, for the consideration of the payment of money (even if the payment is in the form of dues or donations), hot or cold means with associated beverages are served at regularly scheduled hours of the day as a principal business of the establishment.

(Ord. 7435-01. Passed 2-18-02.)

   "Essential services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies for the public health or safety or general welfare, but not including buildings.

(Ord. 7139-99. Passed 7-6-99.)

   "Family" means one (1) or more persons related by blood, marriage or adoption, together with his or their domestic servants, maintaining a common household in a dwelling.

(Ord. 7139-99. Passed 7-6-99.)

   "Private garage" means a detached accessory building or portion of a principal building used for the storage of self-propelled passenger vehicles or trailers of the occupants of the premises and/or not more than one (1) truck of a rated capacity not exceeding one and one-half tons (1-1/2 tn.).

(Ord. 7139-99. Passed 7-6-99.)

   "Gas station" means a place where gasoline, diesel oil, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling, and the sale of automobile accessories and convenience goods on the premises.

(Ord. 7139-99. Passed 7-6-99.)

   A "group home" is a dwelling shared by no more than eight handicapped persons, plus the required number of resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. Group home shall not include communicable diseases, alcoholism or drug treatment center, work release facilities for convicts or ex-convicts or other housing facilities serving as an alternative to incarceration which poses a direct threat to the health and safety of others.

   In addition, the following restrictions will be applied:

   (a)   The conditional use of a group home must be in accordance with the Codified Ordinances of the City of Bedford, the Ohio Revised Code, the Ohio Building Code or the Residential Code of Ohio as it would pertain to this use as they currently state, including any subsequent amendment thereto.

   (b)   There will be no sign with the name of the home/business posted on site, nor will the address of the home be publicized in marketing materials, online or otherwise.

   (c)    The number of residents cars parked on site will be limited to the amount governed by the City of Bedford ordinances.

   (d)    Should the property be sold or transferred to a new owner or business, the conditional use of the group home will not run with the land and the use will expire. The purchaser will be required to apply for a new conditional use prior to transfer if they intend to operate as a group home.

      (Ord. 9497-17. Passed 7-3-17.)

   "Handicapped" means 1) having a physical or mental impairment that substantially limits one or more of such persons's major life activities so that the person is incapable of living independently; 2) a record of having such impairment; or 3) being regarded as having such an impairment. However, "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.

(Ord. 7139-99. Passed 7-6-99.)

   "Height", in the case of a wall or part of a building, means the vertical distance from the average established curb grade in front of the lot or from the average finished grade at the building line, if higher, to the average heights of the top of the cornice of a flat roof, or roof line, or to the deck line of a mansard roof, or to the middle height of the highest gable or dormer in a pitched or hipped roof, or if there are no gables or dormers, to the middle height of such pitched or hipped roof.

(Ord. 7139-99. Passed 7-6-99.)

   "High rise apartment building" means a multi-family structure, six (6) stories in height, which may contain accessory uses customarily incidental to the principal permitted use.

(Ord. 7139-99. Passed 7-6-99.)

   "Highway or primary thoroughfare" means an official designated Federal or State numbered highway or other road designated as a highway or primary thoroughfare.

(Ord. 7139-99. Passed 7-6-99.)

   "Home occupation" means an occupation, profession, activity, or use that is clearly customary, incidental and secondary use of a residential dwelling unit and which does not occupy more than one room or alter the exterior of the property or affect the residential character of the neighborhood and is created and operated as a sole proprietorship.

(Ord. 7139-99. Passed 7-6-99.)

   "Lot" means a parcel of land, abutting on a street, whose area, in addition to the parts thereof occupied or hereafter to be occupied by a building and its accessory building is sufficient to provide the yards and courts required by this Code.

(Ord. 7139-99. Passed 7-6-99.)

   "Lot area" means the horizontal area within the lot lines of the lot.

(Ord. 7139-99. Passed 7-6-99.)

   "Corner lot" means a lot of which at least two (2) adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty five (135) degrees.

(Ord. 7139-99. Passed 7-6-99.)

   "Lot depth" means the mean horizontal distance between the front and rear lot lines.

(Ord. 7139-99. Passed 7-6-99.)

   "Lot width" means the mean horizontal distance across the lot between side lot lines at the building line measured at right angles to the depth.

(Ord. 7139-99. Passed 7-6-99.)

   "Manufactured home" means a structure erected on-site, a mobile home or mobile structure, a premanufactured or pre-cut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons or property of any kind which dwelling unit was fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site and which complies with the standards set forth in this Chapter which shall be for a free standing single-family dwelling larger than twelve-hundred (1,200 sq. ft.) of occupied space and which is designed to be used as a year-round residential dwelling. No dimension of the house shall be less than 20 feet and the roof pitch shall be a minimum 3:12.
(Ord. 7139-99. Passed 7-6-99.)

   "Master Plan" means the comprehensive long-range plan for the desirable use of land in the community, as officially adopted and as amended by Council on recommendation of the Planning Commission. The purpose of such plan, among other things, is to serve as a guide to the zoning and progressive changes in the zoning of land to meet changing community needs, in the subdividing and use of undeveloped land, and in the acquisition of land for such public purposes as streets, parks, schools and other public buildings or public uses.

(Ord. 7139-99. Passed 7-6-99.)

   A "modular home" is a factory-built home, other than a manufactured home, which meets all of the following requirements:

   1.   Is designed only for erection or installation on a site-built permanent foundation;

   2.   Is not designed to be moved once so erected or installed;

   3.   Is designed and manufactured to comply with the Building Codes of the City of Bedford;

   4.   To the manufacturer's knowledge, is not intended to be used other than on a site- built permanent foundation.

      (Ord. 7139-99. Passed 7-6-99.)

   "Nonconforming building" means a building, existing lawfully at the time of this Zoning Code, or an amendment thereto became effective, but which does not conform to the provisions regulating area, height and bulk or buildings, yards or any other building regulations of the district in which it is located.

(Ord. 7139-99. Passed 7-6-99.)

   "Nonconforming lot" means a lot existing lawfully at the time this Zoning Code or amendment thereto became effective but which does not conform to the lot area, width access or any other lot requirement of the district in which it is located.

(Ord. 7139-99. Passed 7-6-99.)

   "Nonconforming use" means a building, structure or premises lawfully occupied at the time of the enactment of this Code by a use that does not conform with the provisions of this Code for the district in which it is located, and a use resulting from changes in zoning districts or in textual provisions made hereafter.

(Ord. 7139-99. Passed 7-6-99.)

   "Accessory parking area" means an area of one (1) or more parking spaces located on the same property as the building, structure or premises it is intended to serve, or on adjoining or nearby property, other than the public right of way, and of such shape and nature as to be appropriate and usable for the parking or storage, and loading and unloading of self-propelled vehicles.

(Ord. 7139-99. Passed 7-6-99.)

   A "pawn broker" is any person, firm or corporation dealing in the purchase or sale of secondhand articles of whatever nature for the purpose of lending money on personal property left as security, or dealing in the purchase, sale of secondhand manufactured articles composed wholly or in part of gold, silver, platinum or other metals, or in the purchase or sale of old gold, silver or platinum, or any person, firm or corporation dealing in the purchase, sale of secondhand manufactured articles composed wholly or in part of gold, silver, platinum or other metals for the purpose of melting, refining, or engaged in the melting of precious metals for the purpose of selling.

(Ord. 7139-99. Passed 7-6-99.)

   "Dwelling group" means two (2) or more detached dwellings located on a parcel of land in one (1) ownership and conforming to the special conditions and requirements set forth in Section 1945.02.

(Ord. 7139-99. Passed 7-6-99.)

   "Rooming house" means a building, other than a hotel in which persons are accommodated overnight or for a more extended period for compensation.

(Ord. 7139-99. Passed 7-6-99.)

   A "sexually oriented business" is any establishment from which minors are excluded and in which a significant portion of its stock in trade is books, magazines, videos, movies, films or other photographic or written reproductions which are characterized or distinguished by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Any establishment which offers for view nude or partially nude dancing or presents material characterized or distinguished by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons thereof. Sexually oriented businesses include all forms of adult oriented businesses.

(Ord. 7139-99. Passed 7-6-99.)

   "Specified anatomical areas" are less than completely and opaquely covered human genitals, the pubic region, buttocks a female breast below a point immediately above the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 7139-99. Passed 7-6-99.)

   "Specified sexual activities" are human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, the pubic region, buttocks or a female breast.

(Ord. 7139-99. Passed 7-6-99.)

   "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or the ceiling or roof next above such floor; provided that, for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds twelve feet (12 ft.), each twelve feet (12 ft.) or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first (1st) story which may be fifteen feet (15 ft.) high.

(Ord. 7139-99. Passed 7-6-99.)

   "Half-story" means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four feet (4 ft.) above the floor of such story; provided, however, that any partial story used for residence purposes, other than for a janitor or caretaker and his family, shall be deemed a full story.

(Ord. 7139-99. Passed 7-6-99.)

   "Street" means any public way set aside as a permanent right of way for vehicles or pedestrian access twenty-one feet (21 ft.) or more in width if it existed at the time of the enactment of this Code, and any such public way created after enactment of this Code, provided it is fifty feet (50 ft.) or more in width.

(Ord. 7139-99. Passed 7-6-99.)

   "Structural alteration" means any change in the supporting members of a building including but not limited to bearing walls, load-bearing partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

(Ord. 7139-99. Passed 7-6-99.)

   "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

(Ord. 7139-99. Passed 7-6-99.)

   "Tavern" means a place located in a permanent building provided with space and accommodations wherein, for the consideration of the payment of money (even if the payment is in the form of dues), alcoholic and/or non-alcoholic beverages are served with or without hot or cold food at regularly scheduled hours of the day as a principal business of the establishment.

(Ord. 7435-01. Passed 2-18-02.)

   (a)   "Front yard" means an open space extending the full width of the lot between a building or setback line and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

   (b)   "Front yard least depth" means the shortest distance, measured horizontally, between any part of a building, other than such parts as are hereinafter excepted, and the front lot line.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   Except as provided in subsection (c) hereof, "rear yard" means any open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified;

   (b)   "Rear yard least depth" means the shortest distance, measured horizontally, between any part of a building, other than such parts as are hereinafter excepted, and the lot line. In the case of an irregular, triangular or gore-shaped lot, a line ten feet (10 ft.) in length entirely within the lot, parallel to and a maximum distance from the front lot line, shall be considered the rear lot line;

   (c)   Where Retail Business, General Business or Shopping Center District is abutting a Residence District, rear yard means an open space extending the full width of a lot between a building and a rear lot line, unoccupied and unobstructed from the ground upward and containing only grass and shrubbery, except as may be otherwise specified.

   (d)   Subsection (c) hereof shall take precedence over any and all other provisions of this Code. All inconsistencies between subsection (c) hereof and other provisions of this code shall be decided in favor of subsection (c) hereof.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   "Side yard" means an open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

   (b)   "Side yard least width" means the shortest distance, measured horizontally, between any part of a building, other than such parts as are hereinafter excepted, and the nearest side lot line.

(Ord. 7139-99. Passed 7-6-99.)

   "Zoning" means the prescribed uses for land located within certain areas.

(Ord. 7139-99. Passed 7-6-99.)

   “Zoning Ordinance" means Ordinance 7139-99, passed July 6, 1999, as amended which is codified as Titles Five through Nine of this Code.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   Administrative procedures for administering, interpreting and enforcing this Zoning Code are herein established in order to achieve, among others, the following purposes:

      1.   To provide for the review of an application for a building permit;

      2.   To assure that no work shall be started on the relocation, construction, reconstruction or structural alteration of a building until the proposed building or use is found to comply with all the provisions of this Zoning Code;

      3.   To assure that in the construction of new buildings, alterations or changes of use are complete, and that all required provisions have been complied with, by requiring an occupancy permit;

      4.   To provide for the enforcement of this Zoning Code and to keep records of actions in regard to such enforcement; and

      5.   To provide supplementary administrative procedures in conformity with the objectives of the Bedford Master Plan and this Zoning Code.

   (b)   In administering this Zoning Code, the provisions thereof shall be regarded as establishing minimum requirements and shall be used specifically to further the underlying purposes, objectives and intent set forth in each chapter.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   The administration of this Zoning Code is vested in the following officials, commissions and boards of the City:

      1.   The Planning Commission

      2.   The Building Commissioner

      3.   The Board of Zoning Appeals

   (b)   Compliance with the provisions of this Zoning Code shall be accomplished by:

      1.   Application for and issuance of a building and/or zoning permit, including the following, if applicable:

         A.    Application for a Conditional Use

         B.    Application for the determination of a similar use

         C.    Application for and the approval of a development plan

   (c)   Occupancy permit issued upon completion of a building, completion of an alteration of a building or land improvement.

(Ord. 7139-99. Passed 7-6-99.)

   No structure shall be erected, altered or moved in whole or in part prior to the issuance of a building permit. No change in use or occupancy shall be established prior to the issuance of a zoning permit. The following regulations shall govern the way in which such permits are applied for and granted in the City of Bedford.

(Ord. 7139-99. Passed 7-6-99.)

   A zoning and or building permit application shall be filed with the Building Commissioner for all those buildings or uses requiring such permit. In all cases, such application shall include two (2) copies of a completed application form of the type currently required by the Building Commissioner and the application fee of ten dollars ($10.00). In those cases where the proposed action involves a new structure or the alteration or expansion of an existing structure, the application shall include two (2) copies of a plot plan and other drawings sufficient to determine if the proposed new or altered structure meets all requirements of this Planning and Zoning Code, hereinafter the "Code". Accurate information shall be furnished by the owner or his or her agents, as to the size and location of the lot and the buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of the land or the buildings. All such plans and drawings shall be legible, accurate and with dimensions sufficient to easily determine all distances.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   A zoning permit shall be issued by the Building Commissioner for those proposed structures and/or uses which, in his determination, meet all requirements of this Code including the application requirements specified herein.

   (b)   A zoning permit will not be issued where in the determination of the Building Commissioner, the proposed structure or uses violate a provision or provisions of this Code. In such cases, the Building Commissioner shall state, on the application, the reason for the denial including the regulation(s) violated by the proposed use and shall transmit one (1) copy, thereof, to the applicant.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   A building permit shall be issued by the Building Commissioner for those proposed structures and/or uses which, in his determination, meet all requirements of this Code including the application requirements specified herein.

   (b)   A building permit will not be issued where in the determination of the Building Commissioner, the proposed structure or uses violate a provision or provisions of this Code. In such cases, the Building Commissioner shall state, on the application, the reason for the denial including the regulation(s) violated by the proposed use and shall transmit one (1) copy, thereof, to the applicant.

   (c)   The Building Commissioner, with concurrence of the Secretary of the Planning Commission is authorized to approve signs in commercial and industrial zones, outside of the Historic Downtown area, if the proposed signs are found to be in full conformance Chapter 1949.

(Ord. 7139-99. Passed 7-6-99.)

   Prior to building construction, stakes based on actual survey shall be set. The Building Commissioner shall be notified of the setting of stakes associated with any use or structure for which a zoning permit has been obtained. All stakes shall be maintained in their proper location on the property during construction.

(Ord. 7139-99. Passed 7-6-99.)

   Before using any building or premises or part thereof hereafter created, erected, changed, converted or enlarged in use or structure, a Certificate of Occupancy shall be obtained from the Building Commissioner. Such Certificate shall show that such building or premises, or part thereof, and the proposed use thereof conform with the provisions of this Code. An application for a certificate of occupancy may be submitted separately or may accompany an application for a zoning permit or building permit. Accurate information shall be furnished by the owner or his or her agents, as to the size and location of the lot and the buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of the land or the buildings.

(Ord. 7139-99. Passed 7-6-99.)

   A copy of the zoning and or building permit shall be posted in a conspicuous location during construction of any improvement or structure.

(Ord. 7139-99. Passed 7-6-99.)

   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of the provisions of this Code, the City Manager, in addition to other remedies under the Ohio Revised Code is hereby authorized to institute an action to enjoin, or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, repair, conversion or maintenance of use.

(Ord. 7139-99. Passed 7-6-99.)

   Any person deeming themselves wronged by a Building Commissioner's decision to deny the issuance of a Zoning Certificate and/or building permit may appeal such decision to the Board of Zoning Appeals or Board of Building Standards under the provisions of Chapter 1919 of these regulations.

(Ord. 7139-99. Passed 7-6-99.)

   It shall be the duty of the Building Commissioner, with aid of the Police Department, to enforce this Code. The Commissioner may promulgate rules and regulations as he or she may determine necessary to supplement the administration of this Zoning Code. After certification by Council, such rules of the Building Commissioner shall have the same force and effect as the other provisions of this chapter.

   (a)   Inspection and Order for Removal of Violation. The Building Commissioner is hereby empowered to enter any premises at a reasonable time to inspect a reported violation of this Zoning Code, examine the same and order, in writing, the remedying of any condition found to exist in violation of any provision of this Zoning Code. After such order is served or posted on the premises, no work shall proceed on any building or tract of land until said violation is corrected.

   (b)   Records and Reports. The Building Commissioner shall keep, or cause to be kept, records in his or her department in regard to any decisions, determinations or conclusions reached by him or her in connection with the enforcement of this Zoning Code. Such records shall be open to public inspection during regular business hours.

      (Ord. 7139-99. Passed 7-6-99.)

   (a)   A Bedford Historical Preservation Board is hereby established. "HP Board", when used in this Chapter, shall mean the Bedford Historical Preservation Board.

   (b)   The members shall include five residents or property owners, two of which are from the Historic Downtown District. Two members shall be appointed for a three year term, two members shall be appointed for a two year term and one member shall be appointed for a one year term. Thereafter, all terms will be for three years or until duly replaced.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   The purposes of the HP Board are to protect the value and appearance of property 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. Such purposes shall be accomplished by the HP Board by regulating, according to accepted and recognized architectural principles and other applicable ordinances of the City. In reviewing, regulating and approving building plans, the HP Board shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties.

   (b)   The HP Board shall have the authority and it shall be the duty of the HP Board to review all applications filed in the Building Department to construct, renovate and alter storefronts and exterior of buildings in historical areas of the City.

(Ord. 7139-99. Passed 7-6-99.)

   The HP Board shall receive and promptly review and pass upon all drawings, data, reports and complaints filed with it by the Building Commissioner in the order filed, and according to rules and regulations duly adopted and published by the HP Board for the purposes of its business, which rules and regulations shall not be inconsistent with the purposes of the HP Board, the provisions of this Chapter or the same shall be amended from time to time. The HP Board shall immediately notify the Building Commissioner in writing of action taken in each instance, and no building permit shall be issued by the Commissioner on applications referred to the HP Board unless plans and specifications therefore have been approved in writing by the Board.

(Ord. 7139-99. Passed 7-6-99.)

   (d)   Conditional Uses. The Board shall have the power to hear and decide, in accordance with the provisions of this Code, requests or application for Conditional Uses.

      (1)   An application for a Conditional Use shall not be approved unless the following conditions and standards are complied with as set forth in the following districts:

         A.    Residential Districts

            1.    That the proposed use is properly located in relation to any adopted land use or street plan, particularly as to the collector and local street systems and pedestrian circulation;

            2.    That when located on a local street the proposed use will generate the least possible traffic through a residential neighborhood;

            3.    That the proposed use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right; and

            4.    That the location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential district.

         B.    Business, Office and Industrial Districts

            1.    That the proposed use is necessary to serve community needs and that existing similar facilities located in a less restrictive or more remote district, in which the use may be permitted by right, are inadequate;

            2.    That the proposed use is not closer than applicable regulations indicate in the particular situation to schools, churches and other places of assembly;

            3.    That the location, extent and intensity of the proposed use shall be such that its operation will not be more objectionable to nearby dwellings, by reason of noise, smoke, dust, odors, fumes, vibrations or glare, than is normal or is permitted by the performance standards of the district;

            4.    The proposed use will form a harmonious part of a business, office or industrial district, taking into account, convenience of access and the relationship of one use to another;

            5.    That the hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district.

         C.    Safeguards and Conditions. In addition to complying with the general standards set forth in paragraphs A and B hereof, conditions appropriate to each particular application may also be set forth in approving a Conditional Use.

            (Ord. 7139-99. Passed 7-6-99.)

   Prior to the erection of any building or change in any use, the owners of such tract shall file with the Planning Commission, or in the case of a change of use, the Building Commissioner and receive approval thereof, a development plan showing the proposed general development of the area. The plan shall include or be accompanied by the following.

   (a)   Legal description and all property lines and topography.

   (b)   Location of existing and proposed buildings, streets, parking areas, utility and sewer facilities.

   (c)   Existing and proposed uses of all buildings.

   (d)   Existing or proposed development of property immediately adjacent to the area so as to show the relation of existing or proposed streets and uses to the proposed use of all buildings.

   (e)   Preliminary plans and elevations for any building for which a building permit or Certificate of Occupancy is to be applied for.

   (f)   Location and description of landscaping and screening as required.

   (g)   Color photographs (s) showing the subject property in the context of adjoining properties.

   (h)   Sketch(es) showing the nature of any construction or exterior alterations proposed, indicating design, materials, colors, type of illumination and signs.

      (Ord. 7139-99. Passed 7-6-99.)

   (a)   Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with any provision of this Zoning Code shall be guilty of a misdemeanor of the first degree, and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. Each day the violation exists shall be deemed a separate offense.

   (b)   In addition to any applicable fines or court costs, the court shall have the authority to impose an administrative fee of one hundred dollars ($100.00) payable to the City of Bedford for each required court appearance involving any person, firm or corporation who is found guilty of violating disobeying, neglecting, omitting or refusing to comply with the provisions of this Zoning Code.

(Ord. 7462-02. Passed 4-15-02.)

   A Board of Zoning Appeals is hereby established to assist in the administration of this Zoning Code, particularly to decide and interpret provisions which require impartial judgement of conflicting interests and to grant variances from the strict letter of this Zoning Code when instances of practical difficulty or unnecessary hardship are determined by the Board.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   A Board of Appeals consisting of five (5) members shall be appointed by Council in accordance with the provisions of the City Charter. The appointing authority may remove any member of the Board for cause and after public hearing.

   (b)   The Board shall elect its own Chairman and have the power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this or any other City ordinance. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses.

   (c)   The Clerk of Council shall be the Secretary of the Board. Meetings of the Board shall be open to the public. Minutes shall be kept of proceedings, showing the action of the Board and the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and records shall be made of the Board's examinations and other official actions, all of which shall be filed immediately in the office of the Board as a public record. At the end of each calendar year, the Secretary shall have an annual report of the work of the Board.

   (d)   Three (3) members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three (3) members shall be necessary to reverse any order, requirement, decision or determination of the Building Commissioner, or to decide in favor of an applicant any matter upon which it is required to pass under this Planning and Zoning Code, hereinafter the "Code".

   (e)   The Board may call on City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may be reasonably required.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   An application to the Board of Appeals, in cases in which it has original jurisdiction under the provisions of this Code, may be taken by any property owner, including a tenant, or by any governmental officer, department, board or bureau. Such application shall be filed with the Secretary of the Board, together with a filing fee as set by ordinance of Council, who shall transmit the same, together with all the plans, specifications and other papers pertaining to the application to the Board, 30 days prior to the desired regularly scheduled Board of Appeals meeting.

   (b)   An appeal to the Board may be taken by any property owner, including a tenant, or by any governmental officer, department, board or bureau affected by any ruling of the Building Commissioner. Such appeal shall be taken within a reasonable time, as prescribed by the rules of the Board, by filing with the Building Commissioner a notice of appeal specifying the grounds thereof. The Building Commissioner shall forthwith transmit to the Board such notice of appeals, together with all the plans and papers constituting the record upon which the action appealed from was taken.

   (c)   The Board shall fix a reasonable time for the hearing of an application or of an appeal. It shall give at least fifteen (15) days notice of the time and place of such hearing by insertion in a newspaper of general circulation in the City, and shall also give notice delivered by first class mail at least five (5) days before the time fixed for such hearing to the applicant or appellant and to the Building Commissioner, and to the respective owners of record of property within a radius of three hundred fifty feet (350 ft.) of the outer boundary to the property in question. Any party may appear at such hearing in person or by agent or by attorney. The Board shall decide the application or appeal within a reasonable time. The failure to receive such notice shall not invalidate the proceedings.

   (d)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Commissioner certifies to the Board that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may, on due cause shown, be granted by the Board on application, after notice to the Building Commissioner, or by a court of record.

(Ord. 7139-99. Passed 7-6-99.)

   Powers Generally. The Board shall have jurisdiction in matters and shall have the specific and general powers provided in this Code.

   (a)   Special Exceptions and Interpretation of Map. The Board shall have the power to hear and decide, in accordance with the provisions of this Code, requests or application for special exceptions or for interpretation of the Zoning Map or for decisions upon other special questions upon which the Board is authorized to pass.

      (1)   Special Exceptions. In addition to permitting the special exceptions heretofore specified in this code, the Board shall have authority to permit the following:

         A.    Nonconforming Uses. The substitution for a nonconforming use of another nonconforming use, if no structural alterations except those required by law or ordinance are made, provided, that any use so substituted shall be of the same or a more restricted classification; and

         B.    Temporary Uses and Permits.

            1.    The temporary use of a building or premises in a district for a purpose or use that does not conform to the regulations prescribed by this Code, provided that such use is of a true temporary nature and does not involve the erection of substantial buildings. Such permit shall be granted in the form of temporary and revocable permit for not more than a twelve month (12 mo.) period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

            2.    The temporary use of a building or premises in undeveloped sections for a purpose that does not conform to the regulations prescribed by this Code, provided that such structure or use is of a true temporary nature, is promotive of or incidental to the development of such undeveloped sections, and does not involve the erection of substantial buildings. Such permit shall be granted in the form specified under subsection B. 1. hereof.

      (2)   Interpretation of Map. Where the street or lot layout actually on the ground or as recorded, differs from the street or lot lines indicated on the Zoning Map, the Board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purposes of this Code for the particular section or district in question.

   (b)   Administrative Review and Variances. The Board of Appeals also shall have the power as follows:

      (1)   Administrative Review. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Building Commissioner in the enforcement of the provisions of this Code.

      (2)   Variances. To authorize on appeal in specific cases such variance from the terms of this Code as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Code will result in practical difficulty or, in the case of a use variance unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done, as follows:

         A.    The following factors shall be considered and weighed by the Board in determining practical difficulty:

            1.    Whether there can be any beneficial use of the property without the variance;

            2.    Whether the variance is substantial or is the minimum necessary to make possible the reasonable use of the land or structures;

            3.    Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;

            4.    Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage collection);

            5.   Whether the variance sought is for relief from a zoning provision which was enacted after the creation of an existing condition or circumstance to the property in question;

            6.    Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same Zoning District; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;

            7.    Whether the property owner's predicament feasiblely can be obviated through some method other than a variance;

            8.    Whether the granting of the variance will create a nonconforming lot;

            9.    Whether special conditions or circumstances exist as a result of actions of the owner and/or applicant;

            10.    Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

         B.    No such variance shall be granted to allow a use not permissible under the terms of this Zoning Code in the zoning district in which the property is located unless the board finds that the applicant will suffer unnecessary hardship if strict compliance with the terms of the Code is required and such hardship must be demonstrated by clear and convincing evidence as to all of the following criteria:

            (Ord. 7139-99. Passed 7-6-99.)

            1.    Where the literal application of the provisions of this zoning code either do not substantially advance legitimate city interests, or result in no economically viable use of the property for any purpose for which the property is zoned and thereby creates unnecessary hardship(s) unique to the property and not based on conditions created by the owner. (A theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships);
(Ord. 7497-02. Passed 9-3-02.)

            2.    Where other exceptional circumstances or conditions (such as topographical or geological conditions, or type of adjoining development) are unique to the property involved and do not apply to other property within the same zone unless the same exceptional circumstances exist;

            3.    Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located;

            4.    Where the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code and the Master Plan of the City of Bedford; and

            5.    The variance sought is the minimum which will afford relief to the applicant.

         C.    No grant or variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property for which the variance is sought is not of so typical or recurrent a nature as to make reasonable practicable the formulation of a general regulation, under an amendment of this Code, for such conditions or situations.

         D.    The Board shall have no power to authorize a variance for the establishment of a nonconforming use where none previously existed.

         E.    In considering a request for a variance from the regulation concerning signs, the Board shall give consideration and arrive at a finding on the following:

            1.    Shape and area of lot in question;

            2.    Bulk and floor area of the main building or structure;

            3.    Setback of proposed sign from all property lines;

            4.    Zoning and use of surrounding parcels;

            5.    Unusual or exceptional topography; and

            6.    Compatibility with general intent of this Code to encourage development without detracting from the use and enjoyment of surrounding property.

   (c)   Time Limitations on Construction. All variance or other permits granted by the Board shall lapse and become void unless the applicant or owner obtains a building permit within six months (6 mos.) after the granting of the variance or other permit and unless construction is begun within six months (6 mos.) thereafter. No variance or other permit shall become void without an opportunity for a hearing by the Board. The Board may grant an extension of time for good cause shown.

      (Ord. 7139-99. Passed 7-6-99.)

   (a)   In exercising its powers, the Board of Appeals may, in conformity with the provisions of the Ohio Revised Code and of this Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as, in the Board's opinion, ought to be made, and to than end all the powers of the officer from whom the appeal is taken.

   (b)   All final actions of the Board shall be by resolution. Such resolution shall contain:

      (1)   Name and address of the person making the appeal or application;

      (2)   Description of premises involved in the appeal or application, by block and lot and by street address, and also the zoning district in which located;

      (3)   Zoning provisions from which an appeal is made, or under which an application is made;

      (4)   Physical conditions of the premises, or other premises affected, and of the building or use proposed by the appellant or applicant which are pertinent to a decision;

      (5)   For a variance, the opinion of the Board as to the degree of practical difficulty or unnecessary hardship; which compliance with provisions of this Code would place upon the appellant or applicant;

      (6)   For an exception or matter of original jurisdiction, a statement establishing the qualifications for permitting the requests, subject to such limits as the Board may impose; and

      (7)   Statement of resolution that the appeal or application be granted, and the date the action is entered.

         (Ord. 7139-99. Passed 7-6-99.)

   All final administrative decisions of the Board of Appeals shall be subject to judicial review by the Court of Common Pleas of Cuyahoga County, Ohio.

(Ord. 7139-99. Passed 7-6-99.)

   All appeals of final orders and decisions of the Planning Commission and Board of Zoning Appeals shall be referred to Council in accordance with Section 1901.01.

(Ord. 7139-99. Passed 7-6-99.)

   In accordance with the provisions of the Ohio Revised Code and the City Charter, the Council, either on petition of a property owner, on recommendation of the Planning Commission, or on its own initiative, may amend or change by ordinance the number, shape or area of districts established on the Zoning Map as defined in 1923.02 or the regulations set forth in this Planning and Zoning Code, hereafter the "Code". Except by a three-quarter vote of the full number of elected voting members of the City specifically waiving the requirement under special circumstances, no such amendment or change shall become effective unless the ordinance proposing such amendment or change has first been submitted to the Planning Commission for approval, disapproval or suggestions, and the Commission has been allowed a reasonable time, not less than thirty (30) days, for consideration and report. (Ord. 9661-19. Passed 1-22-19.)

   (a)    Notice and Public Hearing. Unless waived by Council as stated in Section 1921.01, before submitting its recommendations and report to Council, the Planning Commission shall hold a public hearing on the proposed amendment, supplement or change. It shall give not less than thirty (30) nor more than forty-five (45) days notice of the time and place of such hearing by publication in a newspaper published in the City and by mailing notices to all property owners directly involved and to all property owners of record within a radius of three hundred fifty feet (350 ft.) from the area proposed to be altered. The failure to receive such notice shall not invalidate the proceedings.

   (b)    The Planning Commission shall, upon completion of the public hearing, decide upon a recommendation to transmit to Council relative to the proposed amendment. Such recommendation shall be transmitted by the Secretary within five (5) days of the Commission's action thereon. (Ord. 9661-19. Passed 1-22-19.)

   Any person desiring a change in zoning of property may make application therefor. The application for a zoning change shall be written and accompanied by a drawing showing the property in question including property improvements and utilities and a filing fee. Filing fees shall be set by ordinance of council and amended to reflect the City's costs.

(Ord, 7139-99. Passed 7-6-99.)

   During the thirty (30) days prior to the public hearing the text or copy of the text of such ordinance or petition, together with the maps or plans or copies thereof shall be on file, for public examination, in the office of the Clerk of Council. No ordinance which differs from the recommendation made by the Planning Commission shall take effect unless passed by not less than five (5) affirmative votes of Council.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   Council shall, within a reasonable period of time after receipt of the Commission's recommendation on the proposed amendment, take official action, in the form of an ordinance thereon. A majority vote, involving not less than five (5) members of Council, shall be required to override the recommendation of the Planning Commission. In all cases not meeting this criteria, the official action taken on the proposal shall be as recommended by Planning Commission.

   (b)   If protest against an amendment is presented, duly signed by the owners of at least fifty-one percent of the land within the area proposed to be altered, such amendment shall not be passed except by two-thirds vote of all members of Council. If an amendment will transfer an area to a less restricted district and a protest is presented, duly signed by the owners of at least fifty-one percent of the land adjacent to and/or within 350 feet of such an area proposed to be transferred, such amendment shall not be passed except by a two-thirds vote of Council members.

(Ord. 7139-99. Passed 7-6-99.)

   The failure to notify, as provided by this Chapter, shall not invalidate an ordinance, provided such failure was not intentional, and the omission of the name of any owner or occupant of property who may, in the opinion of the Planning Commission, be affected by such amendment, supplement or change, unless such omission is intentional, shall not invalidate any ordinance passed hereunder, it being the intention of this Chapter to provide, so far as may be for notice to the persons substantially interested in the proposed change, that an ordinance is pending before the Council, proposing to make a change in zoning.

(Ord. 7139-99. Passed 7-6-99.)

   The owner of rezoned property shall obtain a building permit within one year (1 yr.) of the date of enactment of the rezoning ordinance and shall begin construction under such permit no later than six months (6 mos.) after the issuance of the permit. Failure to comply with these time limitations shall cause the property to revert to the former classification. For good cause the Planning Commission may extend these periods of time. Land rezoned as part of a Master Plan by Council or land rezoned at the request of Council for the benefit of the City as a whole shall not be affected.

(Ord. 7139-99. Passed 7-6-99.)