Boston Heights City Zoning Code
TITLE FIVE
Zoning Administration
1141.01 INTERPRETATION OF TERMS.
For the purpose of this Zoning Ordinance, Part Eleven of the Codified Ordinances, certain terms and words are herein defined. Words used in the present tense shall include the future, the singular number shall include the plural and plural the singular; the word "building" shall include the word "structure" and word the "shall" is mandatory and not directory.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.02 ACCESSORY BUILDING OR USE.
"Accessory building or use" means a subordinate building or use customarily incidental to, and located on the same lot occupied by the main building and use.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.03 AGRICULTURE.
"Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals. (Ord. 2019-4-7. Passed 6-11-19.)
1141.04 ALLEY.
"Alley" means a public thoroughfare which affords only a secondary means of access to a lot or abutting property. (Ord. 2019-4-7. Passed 6-11-19.)
1141.05 BASEMENT.
"Basement" means a story having part, but not more than two-thirds of its height below the grade. A basement is counted as a story for the purpose of height regulations.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.06 BASEMENT HOUSE.
"Basement house" means a basement in which there are cooking facilities and sleeping quarters and two means of ingress and egress.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.07 BED AND BREAKFAST ESTABLISHMENTS.
A "Bed and Breakfast Establishment" is an owner-occupied building where overnight lodging and one meal, breakfast, are offered to the public for compensation. The establishment is one that is open to transient guests, as distinguished from a boarding house or lodging house, but has four (4) guest rooms or less. No operator shall permit guests to occupy such accommodations for a period of more than thirty (30) consecutive days.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.08 BUILDING.
"Building" means any permanent structure erected or constructed upon a permanent foundation and intended for a permanent location and designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.09 BUILDING AREA.
"Building area" means the aggregate of the maximum horizontal cross section area of a building on a lot, excluding cornices, eaves, gutters, one story open porch, balconies and terraces.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.10 BUILDING HEIGHT.
"Building height" means the vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the mean height level between eaves and ridge of a gable, hip or gambrel roof.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.11 BUILDING LINE.
"Building line" means the rear line of the front yard along the street frontage.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.12 CELLAR.
"Cellar" means a story having more than one-half of its height below grade. A cellar is counted as a story for the purpose of height regulation only if used for dwelling purposes other than by a janitor employed on the premises.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.13 DISTRICT.
"District" means a section or sections of the incorporated territory within the Municipality for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform. (Ord. 2019-4-7. Passed 6-11-19.)
1141.14 DWELLING.
"Dwelling" means any building or portion thereof, which is designed or used exclusively for residence purposes. An attached garage, for purposes of determining the front, side and rear years, shall be a part of a dwelling.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.15 DWELLING, SINGLE-FAMILY.
(a) "Single-family dwelling" means a building designed for or occupied by one family.
(b) When used in the context of an overlay district, "unit" means a house, an apartment, a group of rooms or a single room intended for occupancy as a single living quarters.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.16 DWELLING, TWO-FAMILY.
(a) "Two-family dwelling" means a building designed for or occupied exclusively by two families or which comprises two units as defined by Section 1141.15(b).
(b) "Dwelling Multiple" means a building, or portion of a building, in an overlay district containing three or more units where each unit may have access to a common hallway, stairs or elevator or where each unit may have individual access to a street or common courtyard.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.17 FAMILY.
"Family" means one or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel, as defined in this chapter.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.18 FRONTAGE.
"Frontage" means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead end of a street.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.19 GARAGE, PRIVATE.
"Private garage" means an accessory building housing not more than four motor-driven vehicles, the property of and for the use of the occupant of the lot on which the private garage is located. (Ord. 2019-4-7. Passed 6-11-19.)
1141.20 GARAGE REPAIR SHOP.
"Garage repair shop" means a building or portion of a building in which structural repairs are made to motor vehicles, and/or in which the painting of cars and body and fender work is performed. (Ord. 2019-4-7. Passed 6-11-19.)
1141.21 VEHICLE SERVICE STATION.
"Vehicle service station" means a building or part of a building or structure or space for the retail sale of vehicle fuels, lubricants and motor vehicle accessories, and/or services and repairs not accompanied by objectionable noises, fumes, dust or odors.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.22 GRADE.
"Grade" means:
(a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. Where no sidewalk exists, the elevation of the center line of the street shall be used in lieu thereof.
(b) For buildings having walls adjoining more than one street, the average elevation of the sidewalk at the centers of all walls adjoining the streets.
(c) For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the buildings.
(d) Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.23 HOME OCCUPATION.
"Home occupation" means a profession or vocation which may be conducted entirely within a dwelling and is practiced or conducted by an inhabitant thereof. No more than three (3) employees or assistants necessary to the inhabitant may be employed within the dwelling. Such occupation shall not occupy more than twenty-five percent (25%) of the floor area of any one floor of such dwelling. Any addition to such dwelling shall not change the outward character of the structure from that of a dwelling. Clinics, hospitals, barbershops of more than one license, beauty parlors of more than one license, tea rooms, tourist homes and animal hospitals are excluded as a home occupation. (Ord. 2019-4-7. Passed 6-11-19.)
1141.24 HOTEL.
"Hotel" means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, as distinguished from a boarding house or lodging house. (Ord. 2019-4-7. Passed 6-11-19.)
1141.25 LODGING HOUSE.
(a) A "Lodging House" or "hostel" means a building where lodging is provided for compensation for three (3) but not more than twenty (20) persons and where table board may or may not be furnished.
(b) A "Boarding House" means a building other than a hotel where for compensation by the week or month, lodging or lodging and meals are provided for three (3) but not more than twenty (20) persons. (Ord. 2019-4-7. Passed 6-11-19.)
1141.26 LOT.
"Lot" means a parcel of land occupied or intended to be occupied by one dwelling and the accessory buildings or uses customarily incident to it, including such open space and minimum area provisions as are required by this Zoning Ordinance for a lot in the district in which such lot is situated and having its principal frontage on a dedicated street.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.27 LOT, CORNER.
"Corner lot" means a lot having two adjacent sides abutting upon two streets.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.28 LOT DEPTH.
"Lot depth" means the mean horizontal distance between the front and rear lot lines. However, for the purpose of meeting the intensity of use regulations of this Zoning Ordinance, the lot depth shall be deemed to be the mean horizontal distance between the center line of the street and the rear lot line.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.29 LOT, DOUBLE FRONTAGE.
"Double frontage lot" means a lot having a frontage on two nonintersecting streets as distinguished from a corner lot.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.30 LOT, INTERIOR.
"Interior lot" means a lot other than a corner lot.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.31 LOT OF RECORD.
"Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of this County, or a parcel of land, the deed to which was a record on or prior to the effective date of this Zoning Ordinance (Ordinance 87-1951, passed July 10, 1951). For the purpose of these regulations, any preliminary plan of a subdivision which has been approved by official action of the Planning Commission prior to the date upon which this Zoning Ordinance becomes effective (Ordinance 87-1951, passed July 10, 1951) shall have the same status as if the subdivision plan were officially recorded.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.32 MOTEL.
"Motel" means a one story attached building used or intended to be used as overnight sleeping quarters for automobile tourists.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.33 NONCONFORMING USE.
"Nonconforming use" means any building or land lawfully occupied by a use on the effective date of this Zoning Ordinance (Ordinance 87-1951, passed July 10, 1951) or any amendment or supplement thereto, which does not conform to the use regulations of the district in which it is situated. (Ord. 2019-4-7. Passed 6-11-19.)
1141.34 PUBLIC NOTICE OF A HEARING.
"Public notice of a hearing" means notice of a time and place thereof, published for a period not less than thirty (30) days prior to the date of the hearing in a newspaper of general circulation in the Village.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.35 ROADSIDE STAND.
"Roadside stand" means a removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.36 STABLES, PRIVATE.
"Private stables": The permissible number of horses stabled shall be limited as follows on any parcel of land.
(a) Less than one acre - none.
(b) More than one acre - one per each acre of land.
All construction for the purpose of housing animals shall be in accordance with approved standards for such purposes approved by the Building Inspector.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.37 STORY.
"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.38 STORY, HALF.
"Half story" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.39 STREET.
"Street" means all property lawfully dedicated for street purposes.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.40 STREET LINES.
"Street lines" means a dividing line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract or parcel of land has been conveyed to the center of the street, the street line then becomes the inside line of land reserved for street purposes.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.41 STRUCTURE.
"Structure" means any building, shed or garage constructed or erected and primarily intended for a lawful use in any district, the use of which building requires a permanent location affixed to the ground by concrete footers and a solid masonry foundation or which is attached to something having permanent location on the ground customarily incident to the use of the main building, including advertising signs, billboards, pergolas or farmers' roadside stands but not including motor homes, travel trailers, cabin camps, railroad cars, cabin cars or mobile homes.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.42 STRUCTURAL ALTERATIONS.
"Structural alterations" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area of cubical content of a building.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.43 TOBACCO AND VAPOR LOUNGE.
(a) "Tobacco and Vapor Lounge" means any facility, establishment or location with patron seating or that is classified or seeks classifications as an assembly use as defined in the Ohio Building Code whose business operation includes either: (1) the smoking of any organic or synthetic material, including but not limited to plants, herbs, or tobacco; or (2) the utilization of a heating element that vaporizes a substance that releases nicotine, tobacco, flavored vapor, or vapor or fumes from any other organic or synthetic material, or any alternative nicotine product as defined in Section 2927.02 of the Ohio Revised Code.
(b) Tobacco and Vapor Lounges also include, but are not limited to, establishments known variously as e-cigarette bars, hookah bars, hookah cafes, hookah lounges, vape bars, vape cafes, vape lounges, cigar lounges, cigar bars, or a retail tobacco store, as defined in section 3794.01(H) of the Ohio Revised Code, where smoking, as defined in section 3794.01(A) of the Ohio Revised Code, is permitted.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.44 TOURIST HOME.
"Tourist home" means a dwelling where overnight accommodations are provided for automobile tourists. (Ord. 2019-4-7. Passed 6-11-19.)
1141.45 TRAILER OR CABIN CAMPS.
"Trailer" or "cabin camps" means a tract or parcel of land open to the public upon which cabins for automobile tourists and/or spaces for trailers or trailer coaches are provided for a consideration, whether for overnight, by the day, the week or the month.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.46 YARD.
"Yard" means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear year, the mean horizontal distance between the lot lines and the main building shall be used.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.47 YARD, FRONT.
"Front yard" means a yard extending across the front of a lot between side lot lines and being the minimum horizontal distance between the street line and the main building or projection thereof. (Ord. 2019-4-7. Passed 6-11-19.)
1141.48 YARD, REAR.
"Rear yard" means a yard extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any other projection than steps. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be the opposite end of the lot from the front yard.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.49 YARD, SIDE.
"Side yard" means a yard between the main building and the side lines of the lot and extending from the front yard to the rear yard.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.50 ZONING ORDINANCE.
"Zoning Ordinance" means Ordinance 87-1951, passed July 10, 1951, as amended, and codified herein as Titles Five through Nine of this Part Eleven - Planning and Zoning Code.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.51 TRUCK STOPS.
(a) “Truck Stop" means a facility for the fueling or servicing of commercial semi-tractors, trailers, or straight trucks, whether utilizing any type of fuel or electrical motive power, which either:
(1) Provides other special services or amenities intended primarily for operators or drivers of commercial vehicles, including but not limited to showers, laundry facilities, lockers, or rest facilities; or,
(2) Has at least three (3) or more of the following:
A. Diesel or other fuel dispensing facilities, or electrical charging facilities, of sufficient size to accommodate semi-tractors with or without trailers;
B. Facilities for washing semi-tractors and/or trailers;
C. Facilities for maintenance or repair of semi-tractors and/or trailers;
D. Parking areas for semi-tractors and/or trailers; or
E. A sign visible from State Route 303, State Route 8, or Interstate 80 (the Ohio Turnpike).
(b) A "Truck Stop" does not include facilities intended to service only public fire apparatus or mass transit vehicles. (Ord. 2023-10-23. Passed 11-14-23.)
1143.01 TITLE.
The regulations of this Part Eleven shall be officially known and cited as the "Planning and Zoning Code of the Village of Boston Heights.”
(Ord. 2017-7-15. Passed 9-12-17.)
1143.02 AUTHORITY AND ENFORCEMENT.
(a) This Planning and Zoning Code is enacted pursuant to the powers and limitations imposed on municipalities by the Constitution and laws of the State of Ohio.
(b) This Planning and Zoning Code shall be enforced by the Zoning Inspector under the rules and regulations of the Planning Commission, Board of Zoning Appeals and by such other officer as may be designated by State law to enforce municipal laws and regulations. The Zoning Inspector shall be appointed by the Mayor with the approval of Council.
(Ord. 2017-7-15. Passed 9-12-17.)
1143.03 PURPOSE.
This Planning and Zoning Code is adopted for the purposes of improving and protecting public health, safety, prosperity, and welfare of the residents of the Village; for the purposes of maintaining and enhancing the quality of life within the Village; and for the purposes of preserving and enhancing environmental quality. These purposes are addressed in this Planning and Zoning Code by provisions designed to assure compatibility of uses and practices within Zoning Districts; by facilitating the economic provision of public utilities and services; by providing adequate public streets, roads, and highways necessary to lessen congestion; by providing for the administration and enforcement of this Planning and Zoning Code including the provision of penalties for its violation; and by provisions for other purposes stipulated in this Planning and Zoning Code, the Ohio Revised Code, and under common law rulings.
(Ord. 2017-7-15. Passed 9-12-17.)
1143.04 APPLICABILITY AND JURISDICTION.
Unless otherwise provided by law, the provisions of this Planning and Zoning Code shall apply to all land, land development, structures, use of all structures, and use of land within the Village. (Ord. 2017-7-15. Passed 9-12-17.)
1143.05 RELATION TO COMPREHENSIVE PLAN.
The implementation, enforcement, and amendments of this Planning and Zoning Code should be consistent with the Village of Boston Heights Comprehensive Land Use Plan, cited herein after as "Land Use Plan." In the event that this Planning and Zoning Code is no longer consistent with the Land Use Plan, this Planning and Zoning Code shall be amended to achieve consistency with the Land Use Plan, within a reasonable period of time.
(Ord. 2017-7-15. Passed 9-12-17.)
1143.06 CONFLICTING PROVISIONS.
(a) In interpreting and applying the provisions of this Planning and Zoning Code, those provisions shall be held to be the minimum requirements for the promotion and protection of public health, safety, prosperity and welfare as allowed by law.
(b) When the provisions of this Planning and Zoning Code are inconsistent with one another or with the provisions found in another Codified Ordinance adopted by the Village, the more restrictive of the provisions shall govern.
(c) Whenever the provisions of this Planning and Zoning Code require a greater restriction than are required by other provisions of law, or by any other resolution or regulations, the provisions of this Planning and Zoning Code shall control to the degree they comply with the Ohio Revised Code and federal law. (Ord. 2017-7-15. Passed 9-12-17.)
1143.07 INTERPRETATION.
The following applies to the interpretation of words used in this Planning and Zoning Code:
(a) All provisions, terms, phrases, and expressions contained in this Planning and Zoning Code shall be construed according to this Planning and Zoning Code's stated purpose and intent.
(b) In case of any difference of meaning or implication between the text of this Planning and Zoning Code and any heading, drawing table, or figure, the text shall control.
(c) Words and phrases not otherwise defined in this Planning and Zoning Code shall be construed according to the common and approved usage of the language, but technical words and phrases not otherwise defined in this Zoning Code that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(d) Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular.
(e) The masculine shall include the feminine and the feminine shall include the masculine.
(f) Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(1) "And" indicates that all connected items, conditions, or events shall apply; and
(2) "Or" indicates that one or more of the connected items, conditions, provisions, or events shall apply.
(g) The word "shall" is always mandatory, and the words "may" or "should" are always permissive.
(h) Whenever a provision appears requiring an officer or employee of the Village to perform an act or duty, that provision shall be construed as authorizing the officer or employee to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise. (Ord. 2017-7-15. Passed 9-12-17.)
1143.08 BURDEN OF PROOF.
The burden of demonstrating that an application or development subject to this Planning and Zoning Code complies with this Planning and Zoning Code is on the applicant.
(Ord. 2017-7-15. Passed 9-12-17.)
1143.09 TRANSITIONAL PROVISIONS.
If a property has outstanding violations, recent approvals, or a pending application on the effective date of this Planning and Zoning Code, the following shall apply:
(a) Violations Outstanding: Any violation of the previous versions of this Planning and Zoning Code shall continue to be a violation and shall be subject to the penalties and enforcement set forth in section 1143.99, unless the use development, construction, or other activity complies with the provisions of this Planning and Zoning Code.
(b) Nonconforming Use: Any nonconforming use under previous versions of this Planning and Zoning Code shall continue to be a nonconforming use, as long as such nonconforming use under previous versions continues to exist, and shall be governed by Chapter 1173.
(c) Pending Applications:
(1) Any applications submitted or accepted for approval that have not received a final approval from the appropriate decision-making body prior to the effective date of this Planning and Zoning Code, shall be reviewed under the provisions and regulations in effect on the date in which the application was deemed complete by the Village.
(2) All re-applications shall meet the standard in effect at the time of re-application.
(3) Any applicant with a pending application may waive review under previous regulation and may request review under the provisions of this Planning and Zoning Code through a written letter to the authority having jurisdiction in this Village.
(d) Approved Projects:
(1) All approved preliminary plans, improvement plans, final plats, planned developments, variances, conditional uses, zoning permits, or any other approved land use that are valid on the effective date of this Planning and Zoning Code shall remain valid until the expiration date, where applicable.
(2) A building or development for which a permit or certificate was granted or allotted prior to the effective date of this Planning and Zoning Code shall be permitted to proceed to construction even if such building or development does not conform to the provisions of this Planning and Zoning Code.
(3) If construction or development, for which permit or certificate is issued prior to the effective date of this Planning and Zoning Code, is not commenced or completed in compliance with applicable permit or certificate terms, the permit or certificate shall expire, and future building or development shall be subject to the requirements of this Planning and Zoning Code. (Ord. 2017-7-15. Passed 9-12-17.)
1143.10 SEVERABILITY.
If a court of competent jurisdiction declares that any section, subsection, or provision of this Planning and Zoning Code is invalid, that ruling shall not affect the validity of any other part of this Planning and Zoning Code or of this Planning and Zoning Code as a whole, which shall remain in full force and effect. (Ord. 2017-7-15. Passed 9-12-17.)
1143.11 EFFECTIVE DATE.
(a) This Planning and Zoning Code and any subsequent amendments hereto shall be in full force and effect on the earliest date allowed by law.
(Ord. 2017-7-15. Passed 9-12-17.)
1143.12 AMENDMENT PROCEDURES.
(a) Amendments to the Planning and Zoning Code may be initiated by:
(1) Motion by the Council, or
(2) Motion by the Planning Commission, or
(3) Application of one or more of the owners of the property within the area proposed to be changed or affected by amendment. Applications for Rezoning shall be filed pursuant to Section 1147.03.
(b) The Planning Commission shall then conduct a public hearing and make specific recommendations to Council. The Planning Commission shall then transmit the application and its specific recommendations to Council. The Planning Commission shall be allowed a reasonable time, not less than the Ohio Revised Code minimum of thirty (30) days and not more than one hundred-twenty (120) days for consideration and report of the proposed amendment.
(c) After the Planning Commission's public hearing and recommendation, Council shall hold a public hearing and take final action on the application for the proposed amendment.
(2) If the amendment intends to re-zone or re-district ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Village Office Clerk, by first class mail, at least twenty days before the date of the public hearing to the owners of property contiguous to and directly across the street from such parcel or parcels.
(3) The failure of delivery of any such notice shall not invalidate any such amendment. (Ord. 2017-7-15. Passed 9-12-17.)
1143.99 ADMINISTRATIVE PENALTIES.
(a) Administrative Penalties. Any person who violates or fails to comply with any provisions of this Planning and Zoning Code shall be subject to the following administrative penalties:
(1) For a first offense, an administrative fine of one hundred fifty dollars ($150.00).
(2) For a second offense, an administrative fine of two hundred fifty dollars ($250.00).
(3) For a third, or each subsequent offense, an administrative fine of five hundred dollars ($500.00).
(b) If a person fails, neglects or refuses to pay an administrative penalty within the time specified by the Zoning Inspector, then the person in violation of this Planning and Zoning Code shall, in addition to the administrative penalty, pay an interest rate equal to 5% per annum for the life of the administrative penalty.
(c) Enforcing Officer. The Zoning Inspector, or his or her designee, shall be the enforcing officer of this Chapter. The enforcing officer is hereby authorized to enforce, issue orders to prevent and stop violations, and administer the provisions of this Chapter. The Zoning Inspector may be assisted by other personnel as necessary.
(Ord. 2017-7-15. Passed 9-12-17.)
1145.01 MEMBERS; TERMS.
The Board of Zoning Appeals of the Village of Boston Heights ("Board") is hereby established. The Board shall consist of five members. Four members shall be citizens of the Municipality to be appointed by the Mayor, with the consent of Council, for terms of four years. In the event of absence from the municipality or incapacity of one of these four Board members first appointed by the Mayor and then approved by the Council, the Mayor may appoint a substitute who may serve as a member of the Board with the same power and authority as a regular member until such member has returned or has become capacitated for service. The fifth member shall be a member of Council who is selected annually by a majority vote of Council. In the event of absence from the municipality or incapacity of the Council member of the Board, the Council President Pro Tempore may appoint as substitute another member of Council who may serve as the Councilmember of the Board with the same power and authority as the regular Council member until such regular Council member has returned or has become capacitated for service. Each citizen member of the Board shall serve until his or her successor has been appointed. All citizen members of the Board shall serve without compensation.
(Ord. 2017-7-15. Passed 9-12-17.)
1145.02 INTENT.
The Board of Zoning Appeals, in carrying out its responsibilities under this Chapter, shall interpret the provisions of the Planning and Zoning Code impartially, with due consideration to conflicting interests, and may grant variances as defined by the variance standards set forth herein.
(Ord. 2017-7-15. Passed 9-12-17.)
1145.03 POWERS AND DUTIES.
For the purpose of this Planning and Zoning Code, the Board shall have the following powers and duties:
(a) Hold hearings, review, and take final action on appeals where it is alleged there was an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector;
(b) Hold hearings, review, and take final action on applications for Variances from the terms and provisions of this Code, including applications for additions, alterations, substitutions or reconstruction of a nonconforming use or structure;
(c) Hold hearings, review, and take final action on appeals from the Zoning Inspector's action on disputes concerning, or requests for, interpretations of the Zoning Map;
(d) Permit the extension of a use or building into a Zoning District immediately adjacent thereto provided the extension is no more than twenty-five feet beyond the dividing line of the two districts;
(e) In granting a Variance or other exception, the Board may impose such conditions as it deems necessary to protect public health, safety, and welfare and in the furtherance of the purpose and intent of this Code;
(f) To adopt rules and bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its power; and
(g) All other powers conferred by the laws of the State of Ohio which may be conferred on the Board by this Planning and Zoning Code or another ordinance of the Village. (Ord. 2017-7-15. Passed 9-12-17.)
1145.04 MEETINGS, HEARINGS, AND RULES.
(a) Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine. All meetings of the Board shall be open to the public.
(b) Three members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring votes of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector or to decide in favor of an applicant in any matter which the Board has original jurisdiction under this Planning and Zoning Code.
(c) The Chairperson, or in the Chairperson's absence the acting Chairperson, has the authority to administer oaths and the Board may compel the attendance of witnesses and evidence through the power of subpoena within the municipal boundaries of the Village.
(d) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Zoning Inspector and shall be a public record.
(e) The Board shall base its decisions on findings of fact related to the relevant standard or criteria set forth in this Planning and Zoning Code.
(Ord. 2017-7-15. Passed 9-12-17.)
1145.05 PROCEDURE FOR APPEALS AND APPLICATIONS
(a) Any person, firm, corporation, or any officer of the Village, or agent thereof, that deems himself or itself to be adversely affected by the decision of the Zoning Inspector in the enforcement of this Code may make an appeal to the Board. The appeal shall be taken within twenty (20) Days after the decision of the Zoning Inspector by filing an application for appeal with the Village Office Clerk. The Village Office Clerk shall transmit a copy of the notice of appeal, together with all documents and other materials constituting the record upon which the action appealed was taken to both the Board, and to the Zoning Inspector.
(b) Any person, firm, corporation, or any officer of the Village, or agent thereof, that deems himself or itself to be adversely affected by the provisions of this Code may file an application for a Variance from this Code. The applicant shall file the application with the Village Office Clerk. The Village Office Clerk shall transmit a copy of the application, together with all documents and other materials constituting the record upon which the application was taken to both the Board, and to the Zoning Inspector.
(c) An appeal shall not stay enforcement in furtherance of the action appealed from unless the Zoning Inspector certifies to the Board, after notice of appeal has been filed, that by reasons of fact, a stay would not cause imminent peril to life or property and will not prejudice or cause undue economic hardship to the Village. Any stay of enforcement under this subsection shall continue during the period of the appeal, unless overruled by the Board for good cause shown after notice is given to the Zoning Inspector and the applicant.
(d) The Board shall schedule a hearing at a reasonable date and time after receiving notice of an appeal or Variance. The Board shall send property owners contiguous to, or across the street from, the lot(s) involved in any such application, and all other property owners within five hundred (500) feet of any yard of such lot, written notice of the hearing on such application at least five (5) days before the scheduled hearing date. A failure to provide such notice shall not invalidate any determination made by the Board.
(e) The Board shall take final action on an appeal or application for a Variance within ten (10) Days after the conclusion of the public hearing thereon, unless additional time is necessary because of unusual circumstances. Unusual circumstances may include the projected size, complexity, anticipated impacts, or other factors associated with the appeal or proposed Variance. Upon request by applicant, a certified copy of the Board's decision shall be transmitted to the applicant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him and he shall incorporate the terms and conditions of the decision in the Zoning Certificate and/or Certificate of Variance issued to the appellant whenever an approval by the Board is authorized. (Ord. 2017-7-15. Passed 9-12-17.)
1145.06 VARIANCE STANDARDS.
(a) The Board may only grant a variance if it finds the following:
(1) That special circumstances exist which are unique to the land or structure on which the variance is requested and which are not generally applicable to other land or structures in the same Zoning District;
(2) That literal application of the standards in this Code would deprive the owner of the rights afforded other property owners in the same Zoning District and deprive the owner of a reasonable use of his property;
(3) That the special conditions and circumstances have not been created as a result of actions by the owner;
(4) That the granting of the variance requested will not give the owner special privileges denied other lands or structures in the same Zoning District;
(5) That the variance requested is the minimum necessary for the reasonable uses of the land or structure to overcome any existing special conditions or circumstances; and
(6) That upon the granting of the variance that the use of the property will continue to be in harmony with the general purposes and intent of this Code and with the Zoning District and will not be injurious to the neighborhood or detrimental to the public health, safety, and general welfare.
(b) Additional Standards for Use Variances. The Board shall not consider or grant a Use Variance when the use is otherwise prohibited in the Zoning District in which the property is located. In such cases, the applicant may submit a Rezoning Application pursuant to Section 1147.03. The Board may only grant a Use Variance if:
(1) The literal enforcement of the provisions of this Code pertaining to the use of the property would cause the applicant practical difficulties.
(2) The variance would not be detrimental to the public health, safety, and general welfare or injurious to the property or improvements in the neighborhood in which the property is located
(c) Additional Standards for Size and Area Variances. Where the applicant seeks a variance pertaining to an area requirement otherwise applicable to the property, no variance may be granted unless the applicant has demonstrated that literal enforcement of the provisions of this Code pertaining to size and are requirements would cause the applicant practical difficulties. The factors to be considered and weighed in determining whether an applicant seeking an area variance has encountered practical difficulties in the proposed use of his property include, but are not limited to:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a 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);
(5) Whether the applicant purchased the property with the knowledge of the zoning restrictions;
(6) Whether the applicant's predicament feasibly can be obviated through some method other than a variance;
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(d) Conditions. If the Board approves a variance the Board may further prescribe any conditions and safeguards that it deems necessary to insure that the objectives of the provisions to which the variance applies will be met and completed.
(e) Effect of a Variance.
(1) The issuance of a variance shall authorize only the particular variation that is approved in the variance.
(2) A variance, including any conditions, shall run with the land and shall not be affected by a change in ownership, unless otherwise specified.
(Ord. 2017-7-15. Passed 9-12-17.)
1145.07 REVOCATION OF VARIANCE.
The breach of any condition, safeguard or requirement imposed by the Board as a condition of its approval of an applicant's petition for a variance shall as determined by the Zoning Inspector invalidate the variance granted and shall constitute a violation of this Planning and Zoning Code, subject to an appeal to the Board. Such violation shall be punishable as provided by Section 1143.99. (Ord. 2017-7-15. Passed 9-12-17.)
1147.01 PERMITS.
(a) The Zoning Permit shall be issued by the Zoning Inspector.
(b) An applicant shall apply for a Zoning Permit with the Village Office Clerk before the construction of a new building or an alteration, addition, or change to an existing structure. The applications shall include the following:
(1) Exact dimensions and area of the lot to be built upon;
(2) Title, scale, and north point (north shall be at the top);
(3) The location, dimensions, and height of the structures to be erected;
(4) The location, dimensions, and height of existing structures;
(5) The proposed use of all structures;
(6) The location of Riparian Setbacks;
(7) Illustrate important natural features including, but not limited to, streams, wetlands, ponds, steep slopes and the proposed changes, if any, to existing natural features;
(8) The location of oil and gas wells;
(9) The location of septic system;
(10) The location of water wells;
(11) Any other pertinent data as may be necessary to determine and to provide for the enforcement of this Code or any other information required by the Village Engineer.
(c) The Zoning Permit shall not be issued to the Applicant until the plans, specifications, and intended use conform in all respects and provisions to this Code. The Village Office Clerk shall keep a careful record of such applications and plans in his office.
(d) No Building Permit shall be issued for the construction of a new structure or an alteration or addition to an existing structure unless all the plans, specifications, and intended use conform in all respects and provisions to this Code
(e) If construction is not commenced within six (6) months of the date of issuance of the Zoning Permit or construction is not completed within twenty-four (24) months of the date of issuance of the Zoning Permit then the Zoning Permit shall then automatically lapse and be null and void. These time limits may be extended by the Village if the Applicant shows that there has been continuing construction activity on the site during the twenty-four months.
(Ord. 2017-7-15. Passed 9-12-17.)
1147.02 CERTIFICATE OF ZONING COMPLIANCE.
The following requirements for a Certificate of Zoning Compliance issued by the Zoning Inspector shall apply to all uses in all Districts:
(a) No person shall hereafter use, permit the use of, change the use of, or enlarge the use of any building, or premises or part thereof, including such buildings and premises that are hereafter constructed, erected, created, changed, or converted wholly or partly in its structure and/or use, until the Zoning Inspector has issued a Certificate of Zoning Compliance stating that the building and the premises comply with the provisions of the Zoning Ordinance, provided that nothing in this section shall prevent the continuance of the present occupancy and/or use of any premises of any existing building as provided under Chapter 1173.
(b) The Zoning Inspector is authorized to issue the Certificate of Zoning Compliance upon completion of the following conditions, as applicable:
(1) All the provisions of the Zoning Code have been satisfied;
(2) The Zoning Inspector has received a certificate from the Building Inspector and Electrical Inspector showing that the construction, erection, creation, change, or conversion of the building and/or premises has been completed in accordance with the Building Code;
(3) The Zoning Inspector has received a certificate from the Village Engineer showing conformity with the site plan, and where applicable that all street improvements have been installed;
(4) The Zoning Inspector has received a certificate from the Summit County Health District or the Department of Environmental Services showing that all the requirements of that Department have been complied with.
(c) All Certificates of Zoning Compliance shall be applied for concurrently with the application for a Zoning Permit. Such certificate shall be issued within ten (10) days after the conditions of subsection (b) hereof have been met. In the instances wherein Zoning Permits have been issued prior to the effective date of this amending ordinance, applications for a Certificate of Zoning Compliance shall be made with the Zoning Inspector prior to occupying the building or premises, and shall be issued as hereinbefore provided.
(d) The Zoning Inspector shall retain a record of all Certificates of Zoning Compliance and a copy shall be furnished upon request to any person having a proprietary or tenancy interest in the building or premises affected.
(e) The Zoning Inspector shall cause a notice of compliance to be posted on all premises requiring the issuance of a Certificate of Zoning Compliance.
(f) In the event the Zoning Inspector fails to issue a Certificate of Zoning Compliance, or rejects the application, following ten (10) days from the date of satisfaction of the conditions listed in this section the party submitting such application shall have the right to submit the application to the Board of Zoning Appeals, which Board shall have the right to issue the Certificate of Zoning Compliance.
(g) Whoever violates this section shall be subject to the penalties set forth in Section 1143.99 of this Code. (Ord. 2017-7-15. Passed 9-12-17.)
1147.03 REZONING APPLICATION.
At the time of filing any application for a Zoning Permit where such application requires action by the Planning Commission on the rezoning of any parcel, the applicant shall give a full legal description of the property to be rezoned together with a complete list of all owners of the property adjacent, contiguous to and across the street from the parcel or parcels to be rezoned or acted upon by the Planning Commission.
(Ord. 2017-7-15. Passed 9-12-17.)
1147.04 PERMIT AND CERTIFICATE FLOWCHART.
A flowchart diagramming the process necessary before building or altering or occupying construction is attached and hereby incorporated by reference to this chapter. This flowchart serves to show the intentions of this Chapter and this Planning and Zoning Code and is meant to serve as a guide through the process. Where this flowchart deviates from the text set forth in this Planning and Zoning Code, the text of this Planning and Zoning Code shall control.
(Ord. 2017-7-15. Passed 9-12-17.)
1149.01 CONDITIONAL USE GENERAL STANDARDS.
(a) A Conditional Use and uses accessory to such Conditional Use shall be permitted in a Zoning District only when specified as a Conditional Use in such Zoning District, and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards, and regulations set forth throughout this Planning and Zoning Code. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find evidence that:
(1) The Conditional Use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the prevailing, existing, or intended character of the general vicinity;
(2) The establishment, maintenance, or operation of the Conditional Use will not endanger the public health, safety, or general welfare;
(3) The establishment of the Conditional Use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for Permitted Uses; and
(4) The Conditional Use will be minimally impacted in the future by surrounding Permitted Uses.
(b) In approving an application for a Conditional Use Certificate, the Planning Commission may impose additional conditions on a proposed Conditional Use to ensure that potential significant adverse impacts on surrounding existing uses and/or future Permitted Uses will be reduced to the maximum extent feasible. These conditions include, but are not limited to:
(1) Locations, setbacks, and configurations of structures and of uses of interior and exterior space;
(2) Screening composed of landscaping walls, fencing, or other materials or construction;
(3) Access points and traffic management provisions, including those impacting vehicular and pedestrian access, and the locations and design of parking facilities;
(4) Noise control measures, including those regulating loudspeakers or irregular vehicular or equipment noise;
(5) Other features of construction including, but not limited to, paving, parking, signs, landscaping, and lighting, both on and off site;
(6) Maintenance of the site, structures, and landscaping;
(7) Means of controlling glare, vibration, odors, dust, smoke, hazardous materials, refuse matter, waste water, and storm water; and
(8) Hours of operations and deliveries.
(Ord. 2017-7-15. Passed 9-12-17.)
1149.02 APPLICATION FOR CONDITIONAL USE CERTIFICATE.
(a) Any person, firm, or corporation owning property in the Village, or agent thereof, may apply for a Conditional Use Certificate. The Applicant shall file an application for a Conditional Use Certificate with the Village Office Clerk. The Village Office Clerk shall transmit the application, together with all documents and other materials constituting the record to both the Planning Commission and Zoning Inspector The application shall include:
(1) The name of the Applicant;
(2) The Applicant's interest in the property;
(3) The address of the property;
(4) The Zoning District the property is located in;
(5) The Site Plan of the property; and
(6) The Conditional Use sought by the Applicant, including reference to the applicable section of this Planning and Zoning Code wherein that use is listed.
(b) The Planning Commission shall schedule a public hearing at a reasonable date and time after receiving notice of an application for a Conditional Use Certificate. The Planning Commission shall send property owners contiguous to, or across the street from, the lot(s) involved in any site plan application, and all other property owners within five hundred (500) feet of any yard of such lot, written notice of the hearing on such application at least five (5) days before the scheduled hearing date. A failure to provide such notice shall not invalidate any determination made by the Planning Commission.
(c) The Planning Commission shall take final action on the application for Conditional Use Certificate within (10) days after the conclusion of the public hearing thereon, unless additional time is necessary because of unusual circumstances. Unusual circumstances may include the projected size, complexity, anticipated impacts, or other factors associated with the Conditional Use. If the Planning Commission issues the applicant a Conditional Use Certificate then the Planning Commission shall transmit the Conditional Use Certificate to the Applicant and a certified copy of the Conditional Use Certificate to the Village Office Clerk and to the Zoning Inspector.
(d) A Conditional Use Certificate issued by the Planning Commission shall include:
(1) The name of the Applicant;
(2) The Applicant's interest in the property;
(3) The address of the property;
(4) The Zoning District the property is located in;
(5) The Conditional Use authorized by the Planning Commission and the Zoning Code Section that authorizes such Conditional Use; and
(6) Any additional conditions with which the Applicant must comply.
(Ord. 2017-7-15. Passed 9-12-17.)
1149.03 TERMS AND DURATION OF THE CONDITIONAL USE CERTIFICATE.
(a) A Conditional Use Certificate shall be valid only for the use and the operation of such use as specified by the Planning Commission. The breach of any condition, safeguard, or requirement shall constitute a violation of this Planning and Zoning Code.
(b) The Conditional Use Certificate shall automatically be revoked if, for any reason, the Conditional Use is voluntarily abandoned for more than one (1) year.
(c) The Conditional Use Certificate shall expire one (1) year from the date it was issued, unless:
(1) The Conditional Use is fully established as approved; or
(2) Substantial progress in the establishment of the Conditional Use is accomplished as determined by the Zoning Inspector; or
(3) As otherwise specifically approved by the Planning Commission.
(d) Upon application, the Zoning inspector may make a provisional approval for the continuation of a Conditional Use Certificate where only the ownership of the use is changed, where such use has been previously approved by the Planning Commission, and where no modifications of any kind are made to the previously approved site plan and operations of such use.
(1) Such provisional approval shall extend the existing Conditional Use Certificate and permit the continuation of such use up until the second meeting of the Planning Commission following its issuance unless extended by the Planning Commission.
(2) The Zoning Inspector shall present the application for such provisional approval to the Planning Commission, along with the particulars of the previously approved use and site plan, at the next regular meeting of the Planning Commission, whereupon the Commission shall make a final determination as to extension of the Conditional Use Certificate. The Zoning Inspector may require the applicant to attend said meeting, or may explicitly waive such requirement.
(3) Applicants bear all the risk associated with continuation of such use under a provisional approval by the Zoning Inspector regardless of whether the extension of the Conditional Use Certificate is ultimately approved or such Certificate modified by the Planning Commission.
(e) All exterior alterations and additions to existing uses that became Conditional Uses pursuant to Section 1173.06 shall be reviewed and approved by the Planning Commission. Any interior alteration to an existing nonresidential Conditional Use that requires additional parking spaces to be provided shall be submitted to the Planning Commission for review and approval. (Ord. 2017-7-15. Passed 9-12-17.)