The procedures outlined in this section are intended only as a guide and do not modify the detailed procedures set forth in Chapter 1115 and other parts of these regulations:

1.

Land Planning and Subdivision Regulations are prepared by the Planning Commission, and after holding a public hearing are recommended to Council, and are reviewed and are adopted by Council.

2.

Thereafter, subdivisions are reviewed and approved by the Planning Commission in accordance with the adopted regulations and any amendments thereto.

3.

The developer, before subdividing, obtains information on, or a copy of, the regulations, and other applicable codes in effect.

4.

For a minor subdivision, the developer prepares a sketch plan and submits it to the Commission. After review, the Commission may give final approval and the subdivision may be recorded and the lots created may be sold.

5.

For a major subdivision, the developer prepares a Preliminary Plan in accordance with the Planning Criteria, Chapter 1117, submits it to the Commission and applies for approval. After review, the Commission shall recommend, conditionally recommend, or not recommend, the Preliminary Plan to the Council.

6.

The Council shall approve or disapprove the Commission's recommendations within 60 days.

7.

The developer, having received approval of a Preliminary Plan of a major subdivision, prepares drawings and specifications for the improvements in accordance with the provisions of Chapter 1119, and a Final Plat of the subdivision in accordance with the provisions of Chapter 1121. He may either:

a.

Apply for approval of drawings and specifications of improvements, and after approval construct the improvements and then apply for approval of final plat for recording, or,

b.

Apply for approval of plans and specifications of improvements and of final plat concurrently and furnish performance guarantees for the subsequent construction of the improvements.

8.

The Commission may approve the drawings and specifications for improvements however, it may approve the final plat only after the improvements are installed or performance guarantees furnished.

9.

After approval, the final plat of the subdivision may be recorded by the developer and he may sell the lots.

10.

The developer shall offer for dedication the streets or other public areas and the Council may accept same.

11.

The acceptance of streets and utilities for use and maintenance shall be by separate action of the Council.

('64 Code, Appendix I)

Form 1 TITLE

   (name of)    Subdivision

Part of original tract   (municipality)   

   (Cuyahoga County)   

('64 Code, Appendix II, Form 1)

Form 2 CERTIFICATE OF OWNERSHIP AND DEDICATION

I (we) the undersigned    (name lettered)    owner(s) of the property shown and described hereon as the ___________ subdivision do hereby assent to and adopt this subdivision of the same, and acknowledge that the same was made at our request and do hereby dedicate to public use the street(s) (easements) (parks or other public areas) designated in graphic symbols on this plat.

   (Witness)   

(owner)  (signature)  
  (lettered)

_____

(owner)  (signature)  
  (lettered)

_____

('64 Code, Appendix II, Form 2)

Form 3 ACKNOWLEDGMENT BY INDIVIDUAL (directly below the above certificate)

Before me, a Notary Public in and for said County and State, personally appeared the above who acknowledged that he, (she, or they) did sign the foregoing instrument and that the same is his (her or their) free act and deed.

IN WITNESS whereof, I have hereunto set my hand and official seal at ___________ (city), ___________ (state) this ___________ day of ___________ (month), ___________ (year).

   Notary Public   

My Commission expires ___________

('64 Code, Appendix II, Form 3)

Form 3A ACKNOWLEDGMENT BY CORPORATION

Before me, a Notary Public, in and for said County and State, personally appeared ___________, president and ___________, secretary, of ___________ the corporation which executed the foregoing instrument, who acknowledged that they did sign said instrument as such president and secretary in behalf of said corporation and by authority of its board of Directors; and that said instrument is their free act and deed individually and as such officers and the free and corporate act and deed of said corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal at ___________, Ohio this ___________ day of ___________ 19_______.

   Notary Public   

My Commission expires ___________

('64 Code, Appendix II, Form 3A)

Form 4 CERTIFICATE OF SURVEYOR

I hereby certify that I have prepared this survey and plat of ________ subdivision and that the same is correct and accurate.

___________, 19_______

Registered Surveyor-Ohio Serial No.

('64 Code, Appendix II, Form 4)

Form 5 APPROVAL BY PLANNING COMMISSION

This plat of ___________ subdivision has been approved by the Planning Commission of the City of ___________, Ohio, by resolution adopted

___________.

___________, 19_______

            
  Chairman

            
  Secretary

_____

('64 Code, Appendix II, Form 5)

Form 6 CERTIFICATE OF THE APPROVAL OF REQUIRED IMPROVEMENTS

I hereby certify that the pavements, utilities and other required improvements for the subdivision herein approved have been designed in accordance with the regulations and standards in effect that I have estimated the cost of materials and construction and performance guarantees in the amount of $_______, have been posted with the _______ to assure completion of all improvements in case of default.

   date   , 19_______

   City Engineer   

('64 Code, Appendix II, Form 6)

Form 6A CERTIFICATE OF THE APPROVAL OF REQUIRED IMPROVEMENTS

(not included on plat)

I hereby certify that pavements, utilities and other required land improvements for the ________ subdivision approved by the Planning Commission on _______ have been designed in accordance with the regulations and standards in effect, that I have inspected the installation of the same and find all improvements have been installed in accordance with the drawing and specifications therefor, and that the utilities and pavements are in good repair.

   date   , 19_______

   City Engineer   

('64 Code, Appendix II, Form 6A)

Form 7 ACCEPTANCE OF PUBLIC LANDS BY COUNCIL

The public street(s) (park) (playground) (easements) or (other public areas) as noted hereon in graphic symbols were accepted for dedication by the Council of the City of ___________, Ohio by Ordinance No. _______.

      , 19_______

   President of Council   

   Clerk of Council   

('64 Code, Appendix II, Form 7)

Form 8 ACCEPTANCE OF STREET AND UTILITIES FOR PUBLIC USE

(Separate ordinance — not included on plat)

The public street(s) accepted heretofore for dedication and the public utilities has (have) been found to be constructed in accordance with the drawing, specifications, and design standards in effect and in good repair, is (are) hereby accepted for public use and maintenance by the Council of the City of,

________, Ohio by Ordinance No. _______.

      , 19_______

   President of Council   

   Clerk of Council   

('64 Code, Appendix II, Form 8)

Form 9 COUNTY RECORDS

Transferred this ________ day of _______, 19_______.

   Cuyahoga County Auditor   

Recorded in Plat Book _______, Page No. _______ this ________ day of _______, 19_______.

   Cuyahoga County Recorder   

('64 Code, Appendix II, Form 9)

   (City)   , Ohio

PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ______________________, Principal herein is the owner and developer of the ___________ Subdivision located in Cuyahoga County, Ohio, and

WHEREAS, the drawings and specifications of said subdivision showing the location, construction and installation requirements for street pavements, curbs, sidewalks, sewers, water mains and other land improvements therein have been filed with the City Planning Commission and by it approved, which drawings and specifications are hereby incorporated herein by reference as if set forth at length and made a part of this instrument, and

WHEREAS, the Principal has obligated himself (or itself) and does hereby agree to complete the construction and installation of all street pavements, curbs, sidewalks, sewers, water mains and all other land improvements in the said Subdivision in accordance with the said drawings and specifications now on file,

NOW, THEREFORE, THE ___________ as Principal and ___ as Surety, do hereby firmly bind ourselves, our heirs, executors, administrators and successors unto the City of ___________, Ohio, in the sum of $________ conditioned upon the performance by the Principal of his (or its) undertaking herein, and his (or its) completion of the construction of all the street pavements, curbs, sidewalks, sewers, water mains and all other land improvements to be located within said ___________ Subdivision as required in accordance with the drawings and specifications therefore, all of which are to be completed on or before the ________ day of _______ 19_______, and upon the completion thereof and their approval by the engineer of the City of ___________, this obligation to be null and void, otherwise to remain in full force and effect:

WITNESS our hands this the ________ day of ________, 19_______.

WITNESS:

            
  PRINCIPAL

            
  SURETY

('64 Code, Appendix III)

WHEREAS, the Developer ___________ heretofore on the ________ day of _______, 19_______, applied to the Planning Commission of ___________ _______, Ohio for the approval of a preliminary plan of a subdivision located in _______ and submitted in support thereof maps, plans and other data, all as required by the Land Planning and Subdivision Regulations, adopted by the Council, Ordinance Number ________, date; and

WHEREAS, the Planning Commission reviewed said maps, plans and other data for said subdivision and found that the same complied with said Ordinance Number _______, thereafter on the ________ day of _______, 19_______, the Commission approved said preliminary plan, (on condition that:

       (State conditions)   ).

(If conditional approval)

WHEREAS, the Developer has now complied with each of the conditions of approval as established by the Planning Commission; and

WHEREAS, the Developer has filed on the _______ day of _______ 19_______, a final plat designated ___________ and drawings, specifications and other information for the improvements of the land within said plat as required by the Land Planning and Subdivision Regulations and has requested the approval thereof; and

WHEREAS, the City Engineer has reviewed and approved said final plat and the drawings, specifications and other information relating to the improvements of the land within said plat, each of which are designated as follows:

___________
 (If improvements not installed)

WHEREAS, the City Engineer has reported to this Council that his estimate of the cost of the completion of the improvements described in said drawings and specifications is $________; and

WHEREAS, the Developer has filed with the Building Commissioner:

1.

Performance Guarantees as described in the Land Planning and Subdivision Regulations in the amount of $_______;

2.

Liability insurance in the amount required by the Land Planning and Subdivision Regulations;

3.

The sum of $_______ as a deposit for the pavement maintenance fund; and

4.

The sum of $_______ as a deposit to underwrite the cost of the inspection by the officer or employees of the municipality of the construction and the proposed improvements; all of which amounts are in accordance with the estimates reported to this Council by the City Engineer and required by the Land Planning and Subdivision Regulations; and ___________________

___________namerule>namerule>
(If improvements partially installed — alternate form)

WHEREAS, the City Engineer has reported that     (List of improvements installed)     shown on said final plat and described in said drawings and specifications have been satisfactorily completed, and has further reported that his estimate of the cost of the remaining improvements to be installed is $________; and

(If improvements partially installed)

WHEREAS, the Developer has filed with the Building Commissioner:

1.

Performance Guarantees as described in the Land Planning and Subdivision Regulations in the amount of $_______;

2.

Liability insurance in the amount required by the Land Planning and Subdivision Regulations;

3.

The sum of $_______ as a deposit for the pavement maintenance fund; and

4.

The sum of $_______ as a deposit to underwrite the cost of the inspection by the officer or employees of the municipality of the construction and the proposed improvements; all of which amounts are in accordance with the estimates reported to this Council by the City Engineer and required by the Land Planning and Subdivision Regulations; and

(If improvements are completely installed)

WHEREAS, the City Engineer has reported that all of the improvements to the land as shown on said final plat and described in said drawings and specifications have been satisfactorily completed and the Developer has filed with the Building Commissioner the sum of $_______ as a deposit for the pavement maintenance fund, which amount has been estimated by the City Engineer as required; and

WHEREAS, the Developer by said final plat has offered for dedication for public use certain land for streets, alleys, public grounds and easements, all as shown and described on said final plat;,

BE IT RESOLVED by the Council of the City of ___________, Ohio, that:

1.

The Council of the City of ___________, Ohio, does hereby accepts and approves the above described final plat, drawings and specifications;

2.

The Council of the City of ___________, Ohio, does hereby authorize the Developer to proceed with the Construction of the improvements to the extent not herein installed in accordance with all the documents by this resolution approved, provided that such work shall be started not less than ________ days from the effective date of this resolution and be completed not later than the _______ day of ________, 19_______.

3.

The final plat of said subdivision be and the same is hereby approved and accepted and that the dedication to the public use of the streets, alleys, public grounds and easements, all as shown thereon, be and the same is hereby accepted and confirmed.

4.

The Building Commissioner be and is hereby authorized to cause said final plat to be recorded with the Recorder of Cuyahoga County as provided by law upon the receipt by the Building Commissioner from the Developer of the fees to be paid to effect said recording and upon the delivery to the Building Commissioner of a statement of title guarantee in an amount of $________ issued by a title company approved by the Building Commissioner showing title to the streets, alleys, public grounds and easements shown on said final plat to be good in the ________ of ___________, free and clear of all encumbrances whatsoever as of the date and hour of the filing of said final plat for record.

(Usual enacting clauses)

('64 Code, Appendix IV)

(a)

Administrative procedures for administering, interpreting, enforcing and for making appeals and amendments to this Zoning Code are hereby established in order to achieve, among others, the following purposes:

(1)

To provide general procedures for making applications for permits and determining compliance with this Zoning Code;

(2)

To define the functions of the Planning Commission and Board of Zoning Appeals, and the relationship with other officials in administering this Zoning Code;

(3)

To define the relationship of reviewing an application for a building permit and review for zoning compliance;

(4)

To provide for the inclusion of necessary facilities, services and other uncommon uses through conditional use permits;

(5)

To provide for the inclusion of uses which are uncommon but which have characteristics similar to permitted main uses;

(6)

To assure that in the construction of new buildings, alterations or change of use, all required provisions have been complied with by requiring a certificate before occupancy;

(7)

To provide for the enforcement of this Zoning Code through measures, where there is noncompliance, to keep records of actions in regard to the enforcement of this Code; and

(8)

To provide any supplementary administrative properties in conformity with the objectives of the Master Plan and this Zoning Code.

(b)

In administering this Code, the provisions shall be regarded as establishing minimum requirements and shall be liberally construed to further the underlying purposes, objectives and intent set forth in the preamble to each chapter.

(c)

The relationship of this Code to other laws, rules and regulations and the relationship if two or more specific provisions of this Code apply to the same subject are set forth in section 1131.03.

('64 Code, § 1191.01; Ord. 2042, passed 12-20-72)

(a)

Code administration. The administration of this Zoning Code is vested in the following officials, commissions and boards of the city:

Planning Commission.

Building Commissioner.

Board of Zoning Appeals.

(b)

Compliance. Compliance with the provisions of this Code shall be obtained by:

(1)

Applying for and the issuance of building permits and zoning certificates, including the following, if applicable:

A.

Application of a conditional use permit;

B.

Application for determination of similar use;

C.

Application and approval of development plans;

D.

Application and approval of a development area plan;

E.

Appeals for an interpretation or request for a variance;

(2)

Application for a certificate of occupancy issued upon completion of the building or the land improvement.

(c)

Functions of the Planning Commission. In order to provide for the functions and responsibilities involved in the development of the Master Plan and keeping it current, and the preparation of the comprehensive Zoning Code, Land Planning and Subdivision Regulations (codified herein as part Eleven — Planning and Zoning Code), the program for capital improvements and for the renewal plan and keeping them current, the Planning Commission shall have, in addition to the duties and powers given it by article V, section 8(C) of the City Charter, the powers and duties as granted to it by this Zoning Code (Ordinance 2042, passed December 20, 1972), to be exercised in the manner herein set forth.

(d)

Enforcement. Enforcement of the provisions of this Code shall be obtained by:

(1)

Inspection and order for removal of violations; and

(2)

Failure to comply with an order shall constitute an offense; and may be followed with civil action.

('64 Code, § 1191.02; Ord. 2042, passed 12-20-72)

Excavations for buildings or site improvements shall not be started or buildings or structures, or parts thereof, shall not be erected, altered or moved until a building permit and a zoning certificate has been applied for and issued by the Building Commissioner.

(a)

Approval of development area plans. Whenever a development area plan is required to be submitted by this Zoning Code or is requested by the Planning Commission, the building permit or zoning certificate for any building or use shall not be issued unless the preliminary development plan has been approved by the commission and Council and the final development area plan has been approved by the commission.

(b)

Approval of development plans. Whenever a development plan is required for any building or use by this Code, the building permit and zoning certificate for such building or use shall not be issued unless the development plan has been approved by the commission.

(c)

Compliance to zoning regulations. Permits for the construction of a building or land improvements or change in use may be issued by the Building Commissioner only if the work described in an application clearly complies with all provisions of this Zoning Code and other codes of the city.

If the proposed building or use does not comply, the Building Commissioner shall not issue a permit. Any such decision of the Commissioner may be taken before the Board of Zoning Appeals.

(d)

Conditional use permit. Whenever a determination for a conditional use is required, the building permit or zoning certificate for the building or use requiring a conditional use permit shall not be issued until such permit has been applied for and issued by the Planning Commission.

(e)

Determination of similar use. Whenever a determination for a similar use is required, the building permit or zoning certificate for the building or use shall not be issued until the inclusion of such use as a permitted use has been made by the Planning Commission.

('64 Code, § 1191.03; Ord. 2042, passed 12-20-72)

(a)

Required drawings. In addition to drawings required by the provisions of the Building Code, an application for a building permit shall be accompanied by:

(1)

Plat. A plat showing dimensions of the lot to be developed, lot number, a topographic survey or adequate topographic data, and evidence that the lot has been surveyed and properly located.

(2)

Site plan. A site plan drawn to scale showing the location of proposed and existing buildings, driveways and parking areas, and proposed finished grades; also on adjoining lots the location and use of buildings within 100 feet of the property line.

(3)

Development plan requirements. Such other drawings and information as may be required by the provisions for a development plan or planned development area plan and for a building permit application.

(4)

Soil erosion. Studies, maps and information as required by the storm water management regulations ordinance, chapter 1331 of the Building Code.

(b)

Building permit application. Applications for building permits and accompanying drawings shall be submitted to the Building Commissioner. After processing the same, as to general conformance to the Building Code, the commissioner shall submit to the Planning Commission those applications which require its approval and to the Board of Zoning Appeals if the application involves any interpretation required by it.

(c)

Approval. The Building Commissioner, having received reports of approval by Council, and from the commission or Board of Zoning Appeals, as may be applicable, and finding the drawings, specifications and all documents comply with this Zoning Code and other relevant codes of the city, may issue a building permit and zoning certificate.

(d)

Disapproval. If the Planning Commission, Board of Zoning Appeals or the Building Commissioner do not recommend approval of the application, they may suggest changes in the drawings as may be necessary to accomplish the purposes of this Zoning Code. In such instances, conferences with applicants may be held and the application revised or resubmitted, as may be required.

('64 Code, § 1191.06; Ord. 2042, passed 12-20-72)

Conditional use permits may be required for certain types of main or accessory uses as enumerated in the various Zoning Districts of title seven of the Planning and Zoning Code. Such uses may be permitted and desired in certain districts but not without consideration in each case of the affect of the uses upon neighboring land. The application of the planning standards for determining the location and extent of such uses is a planning function and not in the nature of a variance or appeal. Conditional uses may be permitted, provided the following procedures are fulfilled and a conditional use permit is granted.

(a)

Applications. Applications for such conditional use permits shall be submitted to the Building Commissioner and shall be referred to the commission. Whenever the Planning Commission has received an application and all of the required submittals, a preliminary discussion for course of action on the application shall be held at the next regular meeting, provided it is received in sufficient time to be accommodated on the agenda. The commission, in addition to its review, may refer the application to the City Engineer or any other consultants for review, comments and recommendations.

(b)

Public hearing. After reviewing the aforementioned comments and recommendations, the commission may require that the submittals be revised prior to setting a date for a public hearing. Notice of the date, time and place of the public hearing shall be provided at least ten days prior to the date of the hearing, by being published at least once in a newspaper of general circulation in the city and mailed to the owners, as shown on the current records of the County Recorder, of contiguous properties and any other property owners deemed by the Planning Commission as affected by the proposed development. Failure of delivery or receipt of such notice shall not invalidate the proceedings. All applicable fees shall be paid by the applicant prior to notice of the public hearing. The applicant shall present at the public hearing all plans and information required for approval. Within 75 days after the public hearing, the commission shall recommend to Council the approval, approval with modifications or conditions, or denial of the conditional use permit. Within 60 days after the commission's recommendation, Council shall approve as recommended by the commission, approve with modifications or additional conditions, or deny the conditional use permit. The approval shall be subject to all conditions and modifications imposed by Council.

(c)

Standards for evaluating conditional use permits. An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:

(1)

Residential District.

A.

The proposed use is properly located in relation to the adopted Master Plan, particularly to the collector and local streets and pedestrian circulation;

B.

The location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding Residential District; and

C.

For temporary structures, every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are pursued diligently.

(2)

Business, research, service and Industrial Districts.

A.

The proposed use is necessary to serve the 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;

B.

The proposed use is not closer than appropriate in the particular situation to schools, churches and other places of assembly;

C.

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

D.

The proposed use will form a harmonious part of the Business, Research, Service and Industrial District, taking into account, among others, convenience of access and relationship of one use to another;

E.

The proposed use will be permitted in a less restrictive district than in which it is permitted by right only because of its limited extent, modern equipment and processes; and

F.

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.

(3)

Additional conditions. In addition to complying with the safeguards and general standards set forth in divisions (c)(1) and (2) hereof, conditions appropriate to each particular application may also be set forth in the permit.

(4)

Time limit. The approval of a conditional use permit shall become null and void if the construction of the building or site improvements are not started within a six-month period after the date of Council approval except for planned development areas, where the time limit shall run concurrently with the time limits for preliminary and final approvals as stated in subsections 1195.05(b)(3), 1195.06(d) and 1195.10, respectively.

(d)

Planned development areas. A conditional use permit shall only be issued for a planned development area, or portion thereof, in accordance with the provisions of this section and upon approval of development plans in accordance with chapter 1195, Planned Development Areas.

('64 Code, § 1191.10; Ord. 2183, passed 12-16-75; Am. Ord. 3580, passed 8-5-97)

The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.

All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts shall be submitted to the Planning Commission and, after approval by it, confirmed by Council in compliance with the following standards:

(a)

Such use is not listed in any other classification of permitted buildings or uses;

(b)

Such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to any other classification;

(c)

Such a use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and

(d)

Such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.

('64 Code, § 1191.11; Ord. 2042, passed 12-20-72)

(a)

A certificate of occupancy shall be applied for by the owner or his agent and shall be issued by the Building Commissioner as a condition precedent to the occupancy and/or uses of a building and land as follows:

(1)

Occupancy of a building erected or altered; temporary certificate. A certificate of occupancy shall be required before occupancy of a new building, before occupancy of an existing building which has been altered, moved, changed in use or increased in off-street parking requirements, or for the development of a land use. Such certificate shall only be issued after the erection or alteration of such building or a component thereof, or a required accessory use has been provided and found by inspection to be in conformity with the provisions of this Zoning Code and the Building Code.

Pending the issuance of a regular certificate, a temporary certificate for partial occupancy of a building may be issued for a period not exceeding six months during which time alterations are being made while a dwelling is being completed in accordance with section 1151.07 of this Code and if the construction is pursued diligently, the Building Commissioner may renew such temporary certificate for additional periods of two months.

(2)

Change in use of conforming building or land. A certificate of occupancy shall be required before occupancy of a conforming building or land where the use has been changed, provided the use is different than the prior use, and shall be issued, when found by inspection, to be in conformity with provisions of this Code.

(3)

Change in use of nonconforming building or land. A certificate of occupancy shall be required whenever a nonconforming building or land is changed, and shall not be issued until the Board of Zoning Appeals has approved the change in accordance with the provisions of chapter 1197 of this Code.

(b)

Record of existing building and land use. Upon application by the owner or his agent, the Building Commissioner shall inspect a building or tract of land existing at the effective date of this Zoning Code (Ordinance 2042, passed December 20, 1972) and shall issue a certificate of occupancy, therefor, certifying:

(1)

The present use of the building or land; and

(2)

If such use conforms to all the provisions of this Code; or

(3)

If it is a lawfully existing nonconforming use.

(c)

Application for certificate.

(1)

An application for a certificate of occupancy may be submitted separately or may accompany an application for a building permit. Accurate information shall be furnished by the owner or his agent as to size and location of the lot, buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of land or building, and all such information as may be included on a form to be furnished by the city.

(2)

A record of all applications and certificates issued shall be kept on file in the office of the Building Commissioner and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.

('64 Code, § 1191.12; Ord. 2042, passed 12-20-72)

The duty of administering the provisions of this Zoning Code is hereby conferred upon the Building Commissioner. The commissioner may promulgate rules and regulations as he determines necessary to supplement the administration of this Code, and consistent therewith. After certified by Council, such rules of the commissioner shall have the same force and effect as other provisions of this Code.

(a)

Inspection and order for removal of violation. The commissioner is hereby empowered to enter any premises at reasonable time to inspect a reported violation of this Code, examine and to order in writing the remedying of any condition found to exist in violation of any provisions of this Code. After such an order is served or posted on the premises, no work, except to correct such violation, shall proceed on any building or tract of land included in the violation.

(b)

Enforcement by Mayor. This Zoning Code shall be enforced by the Mayor, who may request issuance of process from the court, which shall have jurisdiction of and shall hear, finally determine, and impose the prescribed penalty for any violation of any provision of this Zoning Code.

(c)

Additional relief. In addition to all other provisions for the enforcement of this Zoning Code, compliance with the provisions thereof and any amendments heretofore or hereafter adopted, may be enforced in the name of this municipality in any manner provided by law, including proceedings for equitable relief brought in its name.

(d)

Penalty. Any person or persons, or the directing officers or agents of any person or persons, or of any club, company, organization, partnership, firm or corporation, society, association, board or commission, who violates or causes or knowingly permits to be violated, any provision of this Zoning Code, or fails to comply with any lawful requirement of any public authority made pursuant to this Zoning Code, or who knowingly uses or causes or permits the use of any building or structure or premises in violation hereof, or who erects, constructs, reconstructs, raises, moves, enlarges or alters any building or structure, which does not conform to any detailed statement or plan submitted and approved pursuant hereto, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than $10.00 nor more than $500.00. Each day during which any such violation is permitted to exist shall constitute a separate offense.

(e)

Civil action. In the event any building or structure is being erected, constructed, altered, repaired or maintained in violation of any provision of this Zoning Code, or there is an imminent threat of violation the city, or the owner of any contiguous or neighboring property who would be especially damaged by such violation, may institute and maintain, in addition to any other remedies provided by law, a suit in the Court of Common Pleas of Cuyahoga County, for injunction to terminate or prevent such violation as a public nuisance.

(f)

Records and reports. The Building Commissioner shall keep or cause to be kept a record of his department in regard to any decision, determination or conclusion reached by him in connection with the enforcement of this Zoning Code. Such record shall be open to the public inspection during regular business hours.

('64 Code, § 1191.13; Ord. 2042, passed 12-20-72)

Procedures for presenting, reviewing and approving development plans for various types of developments are hereby established to achieve, among others, the following purposes:

(a)

To assure that community facilities, business developments and industrial developments are developed according to the intent of this Zoning Code;

(b)

To provide an opportunity to review and coordinate building design and site development with the surrounding area; and

(c)

To assure that developments will be planned in accordance with the objectives of the Master Plan.

('64 Code, § 1193.01; Ord. 2042, passed 12-20-72)

Where required by this Zoning Code, preliminary and final development plans shall be prepared for review by the Planning Commission and approved by Council. The Planning Commission may determine that a project containing only one building is a minor development, in which case only a final development plan is required.

(a)

Types of projects requiring review. Development plan review shall be required for the following types of projects:

(1)

New construction of all main uses in the Office Building, Local Business, Shopping Center, Office Park, Commercial Service, Motor Service, Industrial and Automotive Parking Districts.

(2)

Any existing development in the above districts which proposes to alter, reconstruct or otherwise modify a use or site including any of the following:

A.

Modifying the exterior of existing buildings, including accessory buildings, in any way except for maintenance which results in the exact replacement of materials, or

B.

Modifying the site in any way including increasing or decreasing the amount of pavement, changing the circulation patterns of parking lots and/or aisles, installing or modifying accessory structures such as air conditioning units, dumpsters, etc., and changes in land forms such as the height or width of berms.

(b)

Filing. Nine copies of the complete application and plans shall be filed with the Building Commissioner and accompanied by a receipt certifying payment of required fees as established by the schedule of fees. Copies of the application are for review by the Planning Commission members and agencies or consultants invited to review the plans pursuant to section 1193.04. Prior to the regular Planning Commission meeting at which the commission is expected to act on the application, the applicant shall revise the application based on comments received from the review pursuant to section 1193.04 and submit nine copies of the revised application to the Building Commissioner.

(c)

Review fees. At the time the initial application is filed the applicant shall deposit a check payable to the city in the amount established by the schedule of fees, by ordinance, along with the application to be credited to the General Fund for the exclusive use of defraying any expenses incurred by the city in reviewing the applications.

('64 Code, § 1193.02; Ord. 2281, approved by voters 11-8-77; Am. Ord. 3580, passed 8-5-97)

The application shall indicate the name and address of the owner or owners and his agent. The preliminary development plans shall be drawn to a scale of not less than one inch equals 50 feet and include the following:

(a)

Plat, plot plan. Plat, property lines of the parcel or parcels proposed for development including existing utilities, easements, street rights-of-way, and locations of existing main buildings and land uses on adjacent parcels and across existing streets. Permanent parcel numbers of the development and adjacent parcels shall be included.

(b)

Topography. Topographic maps showing existing and generally proposed grading contours at not greater than two foot intervals including integration into and topography on adjacent properties, all existing buildings, wooded areas and, the indication of trees with a D.B.H. of six inches or greater as required by section 915.05 Tree Savings Plan, and land within the Flood Plain District. The topography may be included on the plot plan.

(c)

Main and accessory buildings. The number, preliminary location and grouping of dwelling units, nonresidential uses, recreational facilities and public uses including typical floor plans, elevations and architectural designs which depict the general character, scale, roof lines and materials of the proposed buildings.

(d)

Vehicular and pedestrian circulation. The preliminary vehicular and pedestrian circulation systems including streets, drives, driveways, parking areas and walkways.

(e)

Site improvements. Other site improvements on a preliminary basis including drainage, typical landscaping and utilities.

(f)

Easements and deed restrictions. Preliminary statements on the type, location, extent and legal restrictions of easements and deeds.

(g)

Soil report. Where extensive grading is proposed, a report by the Cuyahoga Soil and Water Conservation District on the soils, and erosion and sediment control measures may be required at the option of the commission and included in the preliminary application. The grading plan, site improvements and soil report may be combined with the other required information for the report and plans as may be required in chapter 1175 for a permit for soil removal.

(h)

Requirements and variances listed. All land planning and zoning regulations, standards and criteria complied with by specific code number and name listed in one table on the plans. Any noncompliance, variances and exceptions expected or anticipated shall also be listed on the plans.

(i)

Other information. Such other information, plans or data as the Commission may require.

('64 Code, § 1193.03; Ord. 2281, approved by voters 11-8-77; Am. Ord. 3580, passed 8-5-97; Am. Ord. 3824, passed 8-1-00)

(a)

After the Planning Commission has received an application containing all of the required maps, drawings, dates and plans, a preliminary discussion for course of action on the application shall be held at the next regular meeting, provided it is received in sufficient time to be accommodated on the agenda.

(b)

The Commission, in addition to its review, may refer the development plans to any interested agencies, its planning and architectural consultants, and to the City Engineer and Architect for preliminary review, comments and recommendations, including improvements. Review of the development plans shall consist of:

(1)

Compliance with all relevant land planning and zoning regulations, standards and criteria, including that of chapter 1196.

(2)

Coordination and integration of the development with the surrounding natural features.

(3)

Coordination and integration of the development within the surrounding developments considering both site development and architecture. The developer may be required to conform with a local overall plan for the area established by the commission.

(4)

Conformance with the components of the Master Plan. The city's Master Plan shall serve as an overall planning guide for all developments.

(c)

After payment of fee and after having received the aforementioned comments and recommendations and having had sufficient time to review the comments and recommendations, the commission shall normally act on the application at the next regular meeting. The commission may defer action due to required plan revisions. Commission action normally will be within 70 days after the meeting at which the preliminary discussion was held. After recommending to Council approval of the plans, the chairman and secretary shall affix their signatures to six copies of the plan with a notation of any special conditions as the commission deems necessary to carry out the purpose of this chapter. In the absence of either the chairman or secretary, the vice-chairman may sign the plans.

(d)

If the commission fails to recommend approval of the development plans, it shall state in its records the reasons for such refusal. A report of the commission's action and the signed development plans shall be submitted to Council.

('64 Code, § 1193.04; Ord. 2281, approved by voters 11-8-77; Am. Ord. 3580, passed 8-5-97)

Approval or approval subject to modifications of the development plans by Council authorizes the developer to proceed. Approval of the preliminary plan by Council assures the developer that for a one-year period from the date of such approvals:

(a)

The locations and arrangement of buildings, walks, parking and loading facilities, landscaped areas, courts and malls may serve as the basis of the final development plan; and

(b)

The general terms and any special conditions under which the approval of the preliminary development plans was granted shall not be changed.

If a final development plan, pursuant to section 1193.06 has not been submitted within one year from the date of approval of the preliminary plan by Council the approval of the preliminary plan shall become null and void. However, prior to one year from such date of approval of the preliminary plan by Council the applicant may request in writing to the Chairman of the Commission that the time limit be extended. Such reasonably extended period may be recommended by the commission and approved by Council.

('64 Code, § 1193.05; Ord. 2281, approved by voters 11-8-77)

Following approval of the preliminary development plans, the developer shall proceed to prepare the final development plans for all or part of the proposed development. Final development plans shall contain the information required in the preliminary development plans pursuant to section 1193.03; incorporate such revisions as prescribed by the commission, the City Engineer and Council; and in addition shall include the following:

(a)

Architectural drawings. Detailed architectural drawings for all proposed main and accessory buildings, including floor plans and elevations of the front, rear and two sides of the building, together with additional views or cross sections, if necessary, to completely depict the exterior appearance of the structure. All elevations shall be drawn to the same scale, which shall be not less than one-eighth of an inch to the foot. Each elevation shall show the accurate location of windows, doors, portals and other architectural features, all materials and finishes, and an accurate finish grade line. Samples of colors and building materials, colored renderings, and photographs of the site shall accompany the elevations as necessary to convey the appearance of the structure. Rooftop and any other storage equipment shall be shown and screened from public view. Floor plans, elevations and designs of typical representative buildings may, at the discretion of the planning commission, be accepted.

(b)

Parking and loading areas. The location, arrangement, number and size of proposed and required parking and loading spaces, any proposed outdoor trash storage, required landscaping, dimensions, storm drainage and construction specifications.

(c)

Outdoor lighting fixtures. The location, type and illumination intensity of proposed outdoor lighting fixtures.

(d)

Site improvements. Other site improvements including drainage, design of all landscaped areas including type, number and size at planting and full growth. A Tree Savings Plan shall be required as provided in chapter 915.

(e)

Signs. The size, color, lighting, intensity, location and nature of proposed signs and total development requirements. Provisions and allowances must be made for total development requirements.

(f)

Utilities. The detailed plans for sanitary sewerage and storm drainage facilities and all other utility installations and connections which include water, electricity and that which is used for heating.

(g)

Easements and deed restrictions. Document the type, location, extent and legal restrictions of all easements and deeds.

(h)

Other information. Such other information, plans or data as the commission may require. Nine copies of the completed final application and plans shall be filed with the Building Commissioner and accompanied by a receipt certifying payment of required fees as established by the schedule of fees. Copies of the application are for review by the Planning Commission members and agencies or consultants invited to review the plans by the commission.

Prior to the regular Planning Commission meeting at which the commission is expected to act on the application, the applicant shall revise the application based on comments received from the review and submit nine copies of the revised application to the Building Commissioner. Review and approval of the final development plans by the commission shall be undertaken in accordance with section 1193.04 and shall also include review of the development plan's compliance with the design review guidelines set forth in chapter 1196. Approval of final development plans by Council assures the developer that approval of the final plans shall continue in force for a one-year period following such approval.

('64 Code, § 1193.06; Ord. 2281, approved by voters 11-8-77; Am. Ord. 3580, passed 8-5-97; Am. Ord. 3741, passed 7-20-99)

The developer may execute and file with the city, financial guarantees in lieu of actual installation or completion of the required improvements after approval of the final development plans.

(a)

Types of guarantees. Such guarantees may be in the form of a performance or surety bond, a certified check or any other type of surety approved by the city. The terms of such guarantees shall be determined by the city. However, they shall not be for a longer time period than two years unless Council, by resolution extends the time. Bonds shall be in a form substantially as shown in Appendix III of the Subdivision Regulations.

(b)

Amount of guarantee. The financial guarantees shall be in an amount equal to the estimated total cost of materials and labor required to install or construct the improvements shown on the final development plan. Such costs shall be determined by the City Engineer. When any portion of an improvement has, upon inspection, been found satisfactorily completed, a reduction in the bonds, or partial withdrawal of funds equal to the estimated costs of such completed improvements may be authorized.

(c)

Stage development. If a developer applies for and receives final approval of only a portion of the development plan, the required guarantee shall not exceed the cost equal to the cost of planned improvements as listed in division (b) hereof on the proposed development.

(d)

Failure to complete improvements. In the event the developer fails to complete the installation of all land improvements as listed in division (b) hereof, and in conformance with the final development plan as approved and according to the terms and conditions of the agreement, the city upon proper notice, may complete the same and appropriate such portion of the money or bonds posted for the performance of the work.

('64 Code, § 1193.07; Ord. 2281, approved by voters 11-8-77)

Building permits shall also serve as the permit for the movement of soil in the development area and shall be issued by the Building Commissioner after the following conditions have been met:

(a)

The buildings and uses are the same as those on the final development plans which have been approved by Council and the City Engineer.

(b)

Proposed construction of buildings and uses comply with the Building Code and with all other city or state regulations.

(c)

Satisfactory performance guarantees have been received by the city.

('64 Code, § 1193.08; Ord. 2281, approved by voters 11-8-77)

At any time after the approval of preliminary or final development plans, the developer may request an amendment of his plans. The request for such amendment shall be filed with the Building Commissioner and shall be subject to the same procedures and conditions of approval as the original application.

('64 Code, § 1193.09; Ord. 2281, approved by voters 11-8-77)

The approval for development plans shall expire one year after approval of the development plans by Council, provided that a building permit has not been issued during such period. A one-year extension of such approval, if requested, may be granted by Council provided good cause is demonstrated and the Planning Commission recommends such requested extension.

('64 Code, § 1193.10; Ord. 2183, passed 12-16-75)

Procedures for making applications, reviews, reports, amendments, approvals and the administration of planned development area projects are hereby established to achieve, among others, the following purposes:

(a)

To assure that a proposal of a single operation or a series of operations will be developed according to the intent of the Planning and Zoning Code;

(b)

To provide the opportunity for the review, control and coordination of building layout and design in conjunction with the design of the site and the surrounding area;

(c)

To assure that developments will be planned in accordance with the objectives of the Master Plan.

('64 Code, § 1195.01; Ord. 2287, approved by voters 6-6-78)

(a)

The applicant desiring approval for development under the provisions of this chapter, is encouraged to seek the advice of professional designers, architects, planners, engineers and lawyers in the preparation of plans and documents.

(b)

Development plans involving subdivision of land may be combined and processed with the required plans and plats of chapter 1121. Wherever the land subdividing procedures of chapter 1115 or the procedures of any other chapter may be in conflict or inconsistent with the procedures in this chapter, the procedures of this chapter shall govern the application for a development area. Conditional use permits shall be processed with the preliminary development plans.

(c)

Preliminary and final development plans shall be prepared for review by the Planning Commission and approved by Council.

(1)

Types of projects requiring review. Development plan review shall be required for the following types of projects:

A.

New construction of all uses in the Community Facility and Planned Development Overlay Districts.

B.

New construction of conditional uses in any district, including planned development areas.

C.

Any existing development meeting the criteria of A. or B. above which proposes to alter, reconstruct or otherwise modify a use or site including any of the following: modifying the exterior of existing buildings in any way except for exact replacement of materials, or modifying the site in any way including increasing or decreasing the amount of pavement, changing the circulation patterns of parking lots and/or aisles, installing or modifying accessory structures such as air conditioning units, dumpsters, etc., and changes in land forms such as the height or width of berms.

(2)

Filing. Nine copies of the complete application and plans shall be filed with the Building Commissioner and accompanied by a receipt certifying payment of required fees as established by the schedule of fees. Copies of the application are for review by the Planning Commission members and agencies or consultants invited to review the plans pursuant to section 1195.04. Prior to the regular Planning Commission meeting at which the commission is expected to act on the application, the applicant should revise the application based on comments received from the review pursuant to section 1195.04 and submit nine copies of the revised application to the Building Commissioner.

(3)

Review fees. At the time the initial application is filed, the applicant shall deposit a check payable to the city in the amount as established by the schedule of fees, by ordinance, along with the application, to be credited to the General Fund for the exclusive use of defraying any expenses incurred by the city in reviewing the applications.

('64 Code, § 1195.02; Ord. 2287, approved by voters 6-6-78; Am. Ord. 3580, passed 8-5-97)

The application shall indicate the name and address of the owner or owners and his agent. The preliminary development plans shall be drawn to a scale of not less than one inch equals 50 feet and include the following:

(a)

Plat, plot plan. Plat, property lines of the parcel or parcels proposed for development including existing utilities, easements, streets rights-of-way and locations of existing main buildings and land uses on adjacent parcels and across existing streets. Permanent parcel numbers of the development and adjacent parcels shall be included.

(b)

Topography. Topographic maps showing existing and generally proposed grading contours at not greater than two foot intervals including integration into and topography on adjacent properties, all existing buildings, wooded areas and, the identification of trees with a D.B.H. of six inches or greater as required by section 915.05 of the Tree Savings Plan, and land within the Flood Plain District. The topography may be included on the plot plan.

(c)

Main and accessory buildings. The number, preliminary location and grouping of dwelling units, nonresidential uses, recreational facilities and public uses including typical floor plans, elevations and architectural designs which depict the general character, scale, roof lines and materials of the proposed buildings.

(d)

Vehicular and pedestrian circulation. The preliminary vehicular and pedestrian circulation systems including streets, drives, driveways, parking areas and walkways.

(e)

Common open space and recreational areas. The system of common open spaces and recreational areas and uses, with estimates of acreage to be dedicated and that to be retained in common ownership.

(f)

Site improvements. Other site improvements on a preliminary basis including drainage, typical landscaping, outdoor lighting fixtures and signs.

(g)

Easements and deed restrictions. Preliminary statements on the type, location, extent and legal restrictions including how the problems of maintenance and ownership of common areas will be resolved by easements and deeds.

(h)

Soil report. Where extensive grading is proposed a report by the Cuyahoga Soil and Water Conservation District on the soils, erosion and sediment control measures as may be required at the option of the commission and included in the preliminary application. The grading plan, site improvements and soil report may be combined with the other required information for the report and plans as may be required in chapter 1175 for a permit for soil removal.

(i)

Requirements and variances listed. All land planning and zoning regulations, standards and criteria complied with by specific code number and name listed in one table on the plans. Any noncompliance, variances and exceptions expected or anticipated shall also be listed on the plans. Criteria used by the developer or architect should also be listed.

(j)

Such other information, plans or data as the commission may require.

('64 Code, § 1195.03; Ord. 2287, approved by voters 6-6-78; Am. Ord. 3580, passed 8-5-97; Am. Ord. 3824, passed 8-1-00)

(a)

Whenever the Planning Commission has received an application and all of the required maps, drawings, data and plans, a preliminary discussion for course of action on the application shall be held at the next regular meeting, provided it is received in sufficient time to be accommodated on the agenda.

(b)

The commission in addition to its review, may refer the development plans to any interested agencies, its planning and architectural consultants, and to the City Engineer and Architect for preliminary review, comments and recommendations including improvements. Review of the development plans shall consist of:

(1)

Compliance with all relevant land planning and zoning regulations, standards and criteria, including that of chapter 1196.

(2)

Coordination and integration of the development with the surrounding natural features.

(3)

Coordination and integration of the development within the surrounding developments considering both site development and architecture. The developer may be required to conform within a local overall plan for the area established by the commission.

(4)

Conformance with the components of the Master Plan. The city's Master Plan shall serve as an overall planning guide for all developments.

(c)

After reviewing the aforementioned comments and recommendations and noting any nonconformance, the commission may require the plans to be revised prior to setting a date for a public hearing. This public hearing shall also satisfy the public hearing requirements for a conditional use permit. Notice of the time and place of the public hearing shall be provided at least ten days prior to the date of the hearing by being published at least once in a newspaper of general circulation in the city and mailed to the owners, as shown on the current records of the County Recorder, of contiguous properties and any other property owners deemed by the Planning Commission as affected by the proposed development. Failure of delivery or receipt of such notice shall not invalidate the proceedings. All applicable fees shall be paid by the applicant prior to notice of the public hearing. The applicant shall present at the public hearing all plans and information required for preliminary approval and approval of the conditional use permit. Within 75 days after the completion of the public hearing, the commission, at a regular meeting, shall recommend to Council the approval, approval with modifications or conditions, or denial of the conditional use permit and preliminary development plans.

(d)

The commission's recommendations, findings, all noncompliances, variances, exceptions and special conditions necessary to carry out the purpose of the development shall be contained in a report and submitted to Council.

If the commission fails to recommend approval of the conditional use permit and development plans, it shall state in its records the reason or reasons for such disapproval.

(e)

Upon approval by Council pursuant to subsection 1195.05(a) of the commission's recommendation, the Chairman and Secretary shall affix their signatures to approved copies of the plans. In the absence of the Chairman or Secretary, the Vice-Chairman may sign the plans. The approval shall be subject to all conditions and modifications imposed by Council.

('64 Code, § 1195.04; Ord. 2287, approved by voters 6-6-78; Am. Ord. 3580, passed 8-5-97)

(a)

Within 60 days after the commission's recommendation, Council shall approve as recommended by the commission, approve with modifications or additional conditions, or deny the conditional use permit and preliminary development area plans in whole or in part.

(b)

Approval, or approval subject to modification of the development plans by Council, authorizes the developer to proceed with preparation of final development plans. Approval of the preliminary plan by Council assures the developer that for a one-year period from the date of such approval:

(1)

The location and arrangement of buildings, walks, parking and loading facilities, landscaped areas, courts and malls may serve as the basis of the final development plan;

(2)

The general terms and any special conditions under which the approval of the preliminary development area plan was granted shall not be changed; and

(3)

If a final development plan, pursuant to section 1195.06 has not been submitted within one year from the date of approval of the preliminary plan by Council, the approval of the preliminary plan shall become null and void. However, prior to one year from such date of approval of the preliminary plan by Council, the applicant may request in writing to the Chairman of the Commission that the time limit be extended. Such reasonably extended period may be recommended by the commission and approved by Council.

('64 Code, § 1195.05; Ord. 2287, approved by voters 6-6-78; Am. Ord. 3580, passed 8-5-97)

Following approval of the preliminary development plans, the developer shall proceed to prepare final development plans for all or part of the proposed development. Final development plans shall contain the information in the preliminary development plans pursuant to section 1195.03; incorporate such revisions as described by the commission, the City Engineer and Council; and be submitted according to the provisions of this section.

(a)

Filing. Nine copies of the completed final application and plans shall be filed with the Building Commissioner and accompanied by a receipt certifying payment of required fees as established by the schedule of fees. Copies of the application are for review by the Planning Commission members and agencies or consultants invited to review the plans by the commission.

Prior to the regular Planning Commission meeting at which the commission is expected to act on the application, the applicant shall revise the application based on comments received from the review and submit nine copies of the revised application to the Building Commissioner.

(b)

Application for final approval contents. The application shall include, in final form, all drawings, specifications, covenants, easements and other documents required for the preliminary development plans including but not limited to:

(1)

Subdivision plat map and plans to be approved in accord with the requirements and procedures of the subdivision regulations simultaneous with approval of the application for final approval.

(2)

Site plan drawings and specifications for all streets, parking areas, rights-of-way, easements, pavements, utilities, street lighting and site improvements, including any proposed outdoor trash storage.

(3)

Drawings and specifications for all buildings showing floor plans, elevations, designs, locations of proposed buildings and existing buildings to be retained, materials and color. Elevations shall include a front, rear and two side elevations, together with additional views or cross sections, if necessary, to completely depict the exterior appearance of the structure. All elevations shall be drawn to the same scale, which shall be not less than one-eighth of an inch to the foot. Each elevation shall show the accurate location of windows, doors, portals and other architectural features, all materials and finishes, and an accurate finish grade line. Colored renderings and photographs of the site shall accompany the elevations as necessary to convey the appearance of the structure. Rooftop and any other storage equipment shall be shown and screened from public view. Floor plans, elevations and designs of typical representative buildings may, at the discretion of the Planning Commission, be accepted.

(4)

Drawings and specifications of landscape plans for all public and private lands, including grading, planting, walks, recreation areas, materials, constructions, walls, fences, patios and treatment of parking areas. Integration into the adjoining property topography and planting areas shall be included. The specifications of the plantings shall include name (Latin and common), number and size at planting and at full growth.

(5)

Final form of covenants, legal agreements, documents, deed restrictions, assessments, easements, proposed deeds of dedication, by laws of home associations, deeds of condominium ownership and any other such agreements or documents as may be required for the transfer of land and structures to public and common ownership and the development, maintenance and resale, lease, sublease or repurchase of the same thereafter.

(6)

All areas proposed for dedication to the city must be acceptable as to size, shape, location and improvement and shown by the applicant to be of benefit to the general public.

A.

Title of all land dedicated to public use shall be unencumbered at the time of conveyance.

B.

All areas shall be fully improved by the applicant, as required by the Planning Commission and the Council, including all utilities, public walkways and streets through or abutting the property.

(7)

For all areas proposed for common ownership by the residents of an area or neighborhood, all rights of development other than for the use specified in the total plan of development shall be reserved in the city. However, each proposal for such use, including parking areas, private access ways, private parks and recreational facilities, and common service facilities shall be accompanied by appropriate legal documents which provide for the management and maintenance of common facilities. Legal instruments providing for dedications, covenants, home associations and subdivision controls shall:

A.

Place title of common property in a form of common ownership by the residents of the area, such as, a duly constituted and legally responsible home association, cooperative, and the like;

B.

Appropriately limit the use of common property;

C.

Place responsibility for management and maintenance of common property. The Mayor and Council at its discretion, may require the applicant to enter into a contract with the city for maintenance of commonly held properties;

D.

Place responsibility for enforcement of covenants; and

E.

Permit the subjection of each lot or dwelling unit to assessment for its proportionate share of maintenance costs.

(8)

Development of common and public areas. Detailed estimates of the costs of maintenance of all common and proposed public areas and facilities, shall be provided by the developer. All common property shall be fully improved by the applicant, as required by Council and the Planning Commission, including all utilities, public walkways and streets through or abutting the property, grading, landscaping and other appurtenances.

(9)

Construction schedule. A final schedule of development indicating when construction of all component parts proposed for a site or area will be completed.

(10)

Construction plans and sureties. Project and engineering drawings for all public and private improvements, construction schedules and required sureties.

(11)

Additional information. All additional drawings, estimates and material deemed necessary by the Planning Commission to properly review the various elements of the application for final approval.

(c)

Planning Commission action.

(1)

The commission shall review the documents and final plans for conformance with relevant Planning and Zoning Regulations, standards, and criteria, including the design review guidelines set forth in chapter 1196, and the general terms and special conditions under approval of the preliminary development plans were granted. The commission may refer the documents and plans to its consultants for review.

(2)

Public hearings required by other chapters of the Planning and Zoning Code, procedures thereof and required actions by the Planning Commission, shall be in accordance with the procedures of subsection 1195.04(c).

(3)

In its review of a development plan for a conditionally permitted planned development area in a Residential District, the commission may approve design parameters submitted by the applicant for one-family detached dwelling units or which may be included in covenants and restrictions or other legal forms pursuant to subsection 1195.06(b)(5) at the discretion of the Planning Commission. Such design parameters should include several prototype designs for the individual dwelling units. In the event such design parameters are approved by the Planning Commission, subsequent review of each one-family detached dwelling unit may be conducted by the Building Commissioner at the time the building permit application is submitted. The Building Commissioner may approve the application when the application complies with the design parameters approved by the Planning Commission.

(4)

A report of the commission's action and any special conditions or comments on the development plans shall be submitted to Council. If the commission fails to recommend approval of the development area plans, it shall state in its records the reason or reasons for such denial.

(5)

After approval of the final development plans by Council, the Commission Chairman and Secretary shall affix their signatures to the approved plans. In the absence of either the Chairman or Secretary, the Vice Chairman may sign the plans. The approval shall be subject to all conditions and modifications imposed by Council.

(d)

Council action. Within 60 days after the commission's recommendation, Council shall approve, approve with modifications or deny the final development area plans in whole or in part. Approval of the initial phase of final development plans by Council assures the developer that for a five-year period from approval of the initial phase, approval of any remaining preliminary plan shall continue. A two-year extension for such preliminary approval, if requested, may be granted by Council, provided good cause is demonstrated and the Planning Commission recommends such requested extension.

('64 Code, § 1195.06; Ord. 2287, approved by voters 6-6-78; Am. Ord. 3580, passed 8-5-97; Am. Ord. 3741, passed 7-20-99)

The developer may execute and file with the city, financial guarantees in lieu of actual installation or completion of the required improvements after approval of the final development plans.

(a)

Types of guarantees. Such guarantees may be in the form of a performance or surety bond, a certified check or any other type of surety approved by the city. The terms of such guarantees shall be determined by the city; however, they shall not be for a longer time period than two years unless Council, by resolution, extends the time. Bonds shall be in a form substantially as shown in Appendix III of the Subdivision Regulations.

(b)

Amount of guarantee. The financial guarantees shall be in an amount equal to the estimated total cost of materials and labor required to install or construct the improvements shown on the final development plan. Such costs shall be determined by the City Engineer. When any portion of an improvement has, upon inspection, been found satisfactorily completed, a reduction in the bonds, or partial withdrawal of funds equal to the estimated costs of such completed improvements, may be authorized.

(c)

Stage development. If a developer applies for and receives final approval of only a portion of the development plan, the required guarantee shall not exceed the cost equal to the cost of planned improvements as listed in division (b) hereof on the proposed development.

(d)

Failure to complete improvements. In the event the developer fails to complete the installation of all land improvements as listed in division (b) hereof, and in conformance with the final development plan as approved and according to the terms and conditions of the agreement, the city upon proper notice, may complete the same and appropriate such portion of the money or bonds posted for the performance of the work.

('64 Code, § 1195.07; Ord. 2287, approved by voters 6-6-78)

Building permits shall also serve as the permit for the movement of soil in the development area and shall be issued by the Building Commissioner after the following conditions have been met:

(a)

The buildings and uses are the same as those on the final development plans which have been approved by Council and the City Engineer.

(b)

Proposed construction of buildings and uses comply with the Building Code and with all other city or state regulations.

(c)

Satisfactory performance guarantees have been received by the city.

('64 Code, § 1195.08; Ord. 2287, approved by voters 6-6-78)

At any time after the approval of preliminary or final development plans, the developer may request an amendment of his plans. The request for each amendment shall be filed with the Building Commissioner and shall be subject to the same procedures and conditions of approval as the original application.

('64 Code, § 1195.09; Ord. 2287, approved by voters 6-6-78)

The permit for the planned development area shall expire after one year after approval of the final development plan if a building permit has not been issued during that time. A one-year extension for such permit, if requested, may be granted by Council, provided good cause is demonstrated and the Planning Commission recommends such requested extension.

('64 Code, § 1195.10; Ord. 2183, passed 12-16-75; Am. Ord. 2287, approved by voters 6-6-78)

(a)

Inspection and public hearing. The Service Director shall be responsible for inspection of the condition and maintenance of all common property, and in the event that the organization established to own and maintain common property or any successor organization, shall at any time fail to maintain the common property in reasonable order and condition in accordance with the plan, the director shall serve written notice upon such organization, and upon owners of record, setting forth the manner in which the organization has failed to maintain the common property in reasonable condition, and such notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a public hearing thereon which shall be held by the Mayor within such 30 days. At such public hearing the Mayor may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. The deficiencies set forth in the original notice or in the modifications thereof shall be cured within such 30 days, or any extension thereof.

(b)

Council action. Council, then in order to preserve the taxable values of the properties within the neighborhood or development area and to prevent the common property from being a public nuisance, may authorize the Service Director to enter upon such common property and maintain and improve the same for a period of one year. Such entry improvement and maintenance shall not vest in the public any rights to use the common property. Before the expiration of such year, Council shall, upon its own initiative or upon the request of the organization theretofore responsible for the maintenance of the common property, call a public hearing upon notice to such organization, and to owners of record, to be held by the Mayor and Council, at which hearing such organization or the member residents shall show cause why such maintenance by the city shall not, at the election of Council, continue for a succeeding year. If Council determines that such organization is ready and able to maintain the common property at the end of the year, the city shall cease to maintain the common property at the end of such year. If Council determines such organization is not ready and able to maintain the common property in a reasonable condition, the city may, in the discretion of Council, continue to maintain such common property during the next succeeding year, and subject to a similar hearing and determination, in each year thereafter. In any case, the decision of Council shall constitute a final administrative decision subject to judicial review.

(c)

Costs as tax lien. The cost of all aforesaid hearings and of all such maintenance by the city shall be assessed ratably against the properties that have a right of enjoyment of the common property, and shall become a tax lien on such properties. The Law Director, at the time of entering upon such common property for the purpose of improvement maintenance, shall file a notice of such lien in the office of the Cuyahoga County recorder upon the properties affected.

('64 Code, § 1195.15; Ord. 2287, approved by voters 6-6-78)

The appearance of buildings, structures, open spaces and landscape throughout the city is of public concern. It is in the public interest to ensure that new developments and modifications to existing developments reflect and are sensitive to the history, climate, topography, vegetation, architecture and other building traditions of Brecksville which, in many ways reflects the collection of architectural styles known as the Western Reserve. Therefore, the purpose of the regulations in this chapter is to provide criteria to be used by the City Planning Commission when evaluating the appropriateness of proposed development in the city. These provisions are established to achieve, among others, the following purposes:

(a)

To strengthen, protect, enhance and improve the existing visual and aesthetic character of the city, and to prevent the creation or perpetuation of nuisances or blight in the city.

(b)

To integrate developments into the surrounding environment, as well as to ensure that each new development and redevelopment will be attractive.

(c)

To protect and improve property values.

(d)

To foster and encourage creative application of design principles.

(e)

To ensure that the particular existing design features which contribute to the unique character of Brecksville are retained and re-created in a manner that ensures that the city retains and enhances its sense of community.

(f)

To ensure that new development and redevelopment are compatible and harmonious with the existing overall character of the city, especially when development is proposed in areas where the existing structures do not have architectural features that warrant replication or enhancement.

(g)

To bring new buildings into an orderly arrangement with landscape and nature, other buildings and open areas.

(h)

To ensure that these objectives are achieved through an impartial review process which assures that each proposal complies with these design guidelines.

(Ord. 3581, passed 8-5-97)

For the purpose of and use in this chapter, certain terms and words shall be interpreted with regard to the following explanations:

(a)

Appropriateness. A proposal is judged to be appropriate when it respects the existing architectural style of a building and fits comfortably within its setting, neighborhood and overall community. This condition applies to landscaping and accessory structures as well.

(b)

Compatibility. A design or a material/color selection is compatible when it does not strongly deviate from its parent building, or the overall character of the neighborhood. To be compatible does not require look alike designs, but rather designs that reflect some aspects of its parent building or buildings in the general vicinity, such as scale of windows, overhangs, building materials, patterns of siding, roof slope. Conversely, incompatibility occurs when an architectural design, landscape design or accessory building proposal is aesthetically harsh or overwhelming relative to its neighbors.

(c)

Noncontributing. A factor in a proposal or part thereof that is taken from an existing building characteristic or site feature such as design, scale, fenestration, architectural feature, material or color that is determined by the Planning Commission to be not appropriate for replication in new projects or modifications to existing projects when:

(1)

It does not enhance or improve the character of the city and/or the surrounding environs of the project, or

(2)

It is unrepresentative of the overall character of the city and/or the prevalent character of the surrounding environs of the project.

(d)

Proportion. The relationship of parts of a building, landscape, structures, or buildings to each other and to the whole balance.

(e)

Proximity. Proximity shall be considered in terms of the potential for one property, by virtue of its location, to materially affect other properties. In determining a property to be in proximity to another, the following factors shall be considered:

(1)

The visibility of both properties from a common point; or

(2)

The location of both properties within a relatively compact network of streets, walkways or spaces.

(f)

Style. Style relates to a building's character and configuration in plan and elevation. It also relates to architectural conventions of a particular time period concerning details of windows and doors, eaves, corner boards, pitch of roofs and the materials of the building's skin.

(Ord. 3581, passed 8-5-97)

The design guidelines set forth in subsections (a) through (d) of section 1196.04, shall apply to the exterior appearance and design of all new construction and building renovations in the respective Zoning Districts according to the following schedule:

(Ord. 3581, passed 8-5-97)

The design review guidelines cover all aspects of the exterior features of a project and includes an examination of the surrounding context to ensure that new development and modifications to existing developments achieve the objectives of this chapter set forth in section 1196.01. The following guidelines are in addition to the specific regulations and requirements set forth for each of the particular Zoning Districts.

(a)

General criteria applicable to all proposals requiring review.

(1)

The proposal shall enhance and improve the character of the community and be appropriate and compatible with its surroundings in accordance with the intent, objectives and development criteria of this chapter. In assessing the characteristics of the surrounding area, noncontributing features will not be considered factors in determining compatibility.

(2)

The proposal should minimize changes to the natural grade, and the removal and destruction of trees, landscaping and other natural features.

(3)

Buildings shall be oriented in relation to proposed grading, natural features and to existing structures on and adjacent to the site to maintain:

A.

Satisfactory proportions and scale;

B.

Reasonable light and air; and

C.

Privacy, as appropriate.

(4)

Buildings, structures and landscaping should be designed and located on the site and be of a scale to complement adjacent buildings and enhance the character of the surrounding area by having features that are appropriate and compatible with existing buildings and structures. In making this determination the Planning Commission shall consider:

A.

Building height, width and general proportions;

B.

Architectural features, including patterns of windows and doors, roof pitch, cornice lines, balconies, porches, shutters, dormers, eaves and other decorative detail;

C.

General site characteristics which encourage well-landscaped and conveniently located parking areas, safe and comfortable pedestrian ways, and convenient pedestrian movement among adjacent and nearby buildings and parking areas; and

D.

Color use which is not bright or brilliant.

(5)

Each individual building should express its function, and have an individual character and identity created through functional variety in the overall design.

(6)

When existing buildings are to be renovated, the distinguishing qualities or character of a property that contribute to the overall character should not be destroyed. Removal or alteration of distinctive architectural features should be avoided, except for features that are determined to be noncontributing features.

(7)

Unique and contemporary designs may be appropriate to the extent such design does not clearly detract from any architectural unity of an ensemble or group of architecturally significant buildings.

(8)

Landscaping shall be designed to:

A.

Maintain an adequate and appropriate proportion of deciduous and nondeciduous trees.

B.

Be in such locations, scale and amounts to be integrated with the building design.

C.

Clearly designate entrances/ exits.

D.

Reasonably screen paved areas from the street through the use of mounding, the land's natural topography, and/or adequate vegetation.

(9)

Mechanical equipment, waste receptacles and other similar appurtenant or accessory structures shall be located to minimize the impact on the building and the community:

A.

Window air-conditioning units, condenser elements, antennas, other mechanical equipment, and waste receptacles should not be located on the front of the building.

B.

Mechanical equipment on the ground and waste receptacles must be screened with a fence or plant material as approved by the Planning Commission, or housed in a structure that is in harmony with the surroundings.

C.

Mechanical equipment attached to the side or roof of a building, including heating vents, should be kept as low as possible and screened, and be compatible with the background.

(b)

Supplemental criteria applicable to uses in all districts except planned development areas in Residential Districts.

(1)

General site design.

A.

Parking areas, drives and approaches shall be of appropriate size and scale in relation to the appearance of the proposed development from public rights-of-way, adjacent property and the internal portion of the site itself. Such appropriate scale shall be achieved by the width of approaches and drives, by having adequate but not excessive parking, and by using landscaping within large parking areas.

B.

Accessory loading areas should be located in unobtrusive areas and be screened or blocked from public view.

C.

Signs should be designed to reflect the scale of the building, site and surrounding characteristics. Buildings shall be designed for the appropriate placement of signage in a manner which compliments the building.

D.

Exterior security and ornamental lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be designed so as not to shine directly onto adjoining properties and not be excessive.

E.

Entryways should be designed to enhance the ability of the general public to find their way into and around buildings and open spaces.

(2)

Scale.

A.

Variations in the height of structures are encouraged in order to impart some variety to the skyline of the area and to add some distinction to the streetscape.

B.

All observable sides of new construction should achieve architectural interest and excellence.

(3)

Materials.

A.

New construction shall be guided by the existing work to which it is attached or is associated, and should not be in stark contrast to the materials used on adjacent structures.

B.

The texture, color, and placement pattern of materials shall be appropriate for the size and scale of the proposed structures and be compatible with the character of the area.

(c)

Supplemental criteria applicable to uses in all districts except Industrial Districts and planned development areas in Residential Districts.

(1)

Site features.

A.

Park benches, ornamental planters and brick pavers shall be encouraged when appropriate to create inviting, people-oriented spaces.

B.

Other devices may be considered appropriate in the interest of adding attractive features to the district, such as a clock tower, a raised roof on an otherwise flat-roofed structure, a turret or penthouse.

(2)

Building style and scale.

A.

The building shall be designed with some, but not necessarily all, of the following details to achieve the characteristics of the city:

1.

The use of pitched roofs, particularly with the gable facing the street.

2.

Decorative lintels over windows/doors constructed with sandstone, wood or similar material;

3.

Multi-paneled windows with shutters (when the windows are an appropriate size suitable for such shutters) painted in contrasting colors;

4.

Decorative cornice area;

5.

Columns or pilasters;

6.

Prominent main entrances to buildings with large doors and "framing" devices such as peaked roof forms, porches or recesses;

7.

Decorative cupolas commonly found on many religious structures in the area; and

8.

Decorative quoins.

B.

Architectural details and ornamentation shall be meaningful to the overall design and appropriate for the size and scale of proposed structures; and harmonious with other architectural detail and ornamentation.

C.

In areas which have a predominate architectural style, including historic styles, such character should be a significant consideration in determining compatibility. In such cases compatibility is partially achieved by some repetition of basic elements such as color, materials and common scale.

D.

Building facades should have windows in order to ensure a comfortable visual dialogue between occupant and pedestrian. Large unwindowed spaces shall be discouraged.

E.

The proportion of wall surface to openings should be consistent with adjacent structures.

F.

The use of awnings, mainly confined to the street level, in shopping areas is encouraged. Awnings are to be designed and mounted so as not to cover significant architectural detail.

(3)

Materials.

A.

Materials shall be used which contribute to the city's architectural character. Examples of such contributing materials include:

1.

Red/rose brick exterior;

2.

Sandstone;

3.

Horizontal wood clapboards for siding;

4.

Painted trim woodwork.

B.

Conversely, the following materials are not consistent with the city's architectural characteristics and would tend to hasten the creation of nuisances and/or blight; therefore, they are considered inappropriate for use:

1.

Mirrored/reflective glass unless used as a small component of the building, designed and located within the context of the architectural style;

2.

Concrete block;

3.

Stucco (e.g., "dryvit") or similar large expanse of material unless it is utilized with belt courses, joints, contrasting materials, exposed structural elements, or similar design features.

4.

Unfinished and industrial type materials such as block, split faced block, exterior insulated finishes, and metal siding.

5.

Bright or primary colors, and/or awnings which are in stark contrast to other structures in the surrounding area and/or the design of the proposed structure.

C.

Authentic materials are preferred, however modern products that simulate wood and slate effectively may be considered.

D.

Roof shingles should be of dark colors rather than pale or near white colors. Materials should be asphalt, fiberglass and slate. Clay tile and/or ribbed metal may have merit as a variation, but will be very carefully considered in contrast to adjacent materials.

(d)

Supplemental criteria applicable to planned development areas in Residential Districts. The criteria in subsection (a) above and this subsection shall apply to all planned development areas permitted as a conditional use in Residential Districts.

(1)

General planning and site design.

A.

The design, scale and location on the site of residential structures, accessory buildings and landscaping should enhance the overall natural character of the city.

B.

Accessory structures and features such as garages, parking areas, fences, walls, and landscaping should:

1.

Ensure that the relationship to the dwelling reinforces the dwelling as the major focal point of the site.

2.

Ensure that the size, location and design are appropriate for the size of the site and adjacent buildings.

C.

Sidewalks should be enhanced with appropriate materials, landscaping, lighting, and benches.

(2)

Style.

A.

Architectural details and ornamentation shall be meaningful to the overall design and appropriate for the size and scale of proposed structures; and harmonious with other architectural detail and ornamentation.

B.

In areas which have a predominate architectural style, including historic styles, such character should be a significant consideration in determining compatibility. In such cases compatibility is partially achieved by some repetition of basic elements such as color, materials and common scale.

C.

Architectural forms and the open spaces around them should be integrated so as to enhance the quality of the outdoor public areas including such factors as sunlight, weather protection, noise and air quality, landscaping and benches.

D.

All elevations of new construction are expected to feature some door or window openings or other architectural feature to avoid blank walls and such openings should have a pattern that is compatible with the character of the neighborhood.

E.

Buildings should have varying roof lines and facade modulation to help reduce the apparent size of new buildings and give them more visual interest. The use of pitched roofs is favored in order to add height and body to the low level skyline.

(3)

Garages.

A.

Garages are to be located so as to not dominate the street elevation.

B.

A garage should match the residence to which it is attached or related with similar materials, roof pitch, colors, window style, eaves and trim.

(4)

Materials.

A.

Within a planned development area there shall be a continuity of building materials among all buildings.

B.

Conventional building materials including wood, shingle, stone, and face brick, should be employed in new work, to the extent appropriate.

C.

New products which simulate wood siding and slate roof tile or shingles may be acceptable, but only with the presentation of full-scale samples in appropriate colors.

(Ord. 3581, passed 8-5-97)

The Planning Commission may prepare from time to time or authorize the preparation of illustrations which demonstrate the design review criteria in section 1196.03. Such illustrations may include drawings, photographs of acceptable projects in Brecksville and elsewhere, drawings or photographs of projects which have been approved pursuant to these regulations and photographs of existing building characteristics or site features which have been determined by the Planning Commission to be noncontributing. Any such illustrations may be recommended by a majority vote of the Planning Commission and approved by Council. When approved, such illustrations shall be considered administrative guidelines which assist in the utilization of these design review criteria.

(Ord. 3581, passed 8-5-97)

The Board of Zoning Appeals shall have jurisdiction to hear and decide appeals from orders, decisions, determinations and regulations by the Building Commissioner, any other administrative officer, board or commission, with respect to the application or enforcement of ordinances governing zoning, and to grant exceptions to and variances in the application thereof.

('64 Code, § 1197.01; Ord. 2042, passed 12-20-72)

No appeal shall be heard by the Board of Zoning Appeals unless brought before it in accordance with the provisions of this Zoning Code (Ordinance 2042, passed December 20, 1972), and every appeal properly brought before it shall be heard de novo after notice of hearing thereon has been given in the manner hereinafter provided.

('64 Code, § 1197.02; Ord. 2042, passed 12-20-72)

Use variances or exceptions which the Board of Zoning Appeals has jurisdiction to grant may be granted on appeal by the board, provided, after hearing thereon, the board finds that strict application or enforcement of this Zoning Code or the enforcement of the orders of the Building Commissioner, or of orders or regulations of any other administrative official or agency governing zoning as follows. The following factors shall be considered by the board or Council, where applicable, when determining whether an applicant will suffer an unnecessary hardship; such hardship must be demonstrated by clear and convincing evidence as to all of the following:

(a)

The property cannot be put to any economically viable use under any of the permitted uses in the Zoning District in which it is located;

(b)

The variance(s) request stems from a condition which is unique to the property at issue and not ordinarily found in the Zoning District;

(c)

The hardship condition is not created by actions of the applicant;

(d)

The applicant purchased the property without knowledge of the zoning restriction;

(e)

The variance(s) sought is the minimum which will afford relief to the applicant;

(f)

The granting of the variance(s) will not adversely affect the rights of those property owners to whom notice is required under section 1197.22;

(g)

The granting of the variance(s) will not adversely affect the public health, safety, or general welfare; and

(h)

The variance(s) will be consistent with the general spirit and intent of this Zoning Code.

('64 Code, § 1197.10; Ord. 2042, passed 12-20-72; Am. Ord. 4251, passed 5-2-06)

The Board of Zoning Appeals shall also have jurisdiction to grant variances and exceptions relating to the dimensions and setback requirements with respect to any existing sublot or sublots or any proposed sublot or sublots in any proposed allotment or subdivision, provided that the plat for such proposed allotment or subdivision has been submitted to the Planning Commission and the commission, after public hearing thereon, requests and recommends that such variances or exceptions be granted. In any such case, no other prior order or determination shall be required and no public notice or hearing other than notice of hearing by the commission shall be required before granting such variance or exception. All other requests for variances and exceptions for an existing sublot or sublots shall proceed in accordance with the balance of the provisions of this chapter. Such variance or exception may be granted by the Board of Zoning Appeals provided that it finds upon a hearing thereof that the applicant will experience a practical difficulty. The following factors shall be considered and weighed by the board or Council, where applicable, when determining whether an applicant will experience practical difficulty:

(a)

Whether there exist site conditions, such as narrowness, shallowness, or topography, unique to the property in question that are not applicable generally to other lands or structures in the same Zoning District;

(b)

Whether the property in question is located near a nonconforming or nonharmonious use, structure, or site conditions, or whether the property in question abuts a less restrictive Zoning District;

(c)

Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance(s);

(d)

Whether the variance(s) is substantial;

(e)

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(s);

(f)

Whether the variance(s) would adversely affect the delivery of governmental services (e.g., water, sewer, refuse removal);

(g)

Whether the property owner purchased the property with knowledge of the zoning restriction;

(h)

Whether the property owner's predicament feasibly can be obviated through some method other than a variance(s); and

(i)

Whether the spirit and intent of the Zoning Code would be observed and substantial justice done by granting the variance(s).

('64 Code, § 1197.11; Ord. 2042, passed 12-20-72; Am. Ord. 4251, passed 5-2-06)

Except as permitted by section 1197.11, a public hearing shall be held on any appeal pending before the Board of Zoning Appeals before granting any variance or exception, or in any case when the majority of the members of the board hold that the public interest requires a public hearing, or in any case wherein the person making the appeal files with his appeal a written demand for a public hearing.

('64 Code, § 1197.21; Ord. 2042, passed 12-20-72)

Public hearings before the Board of Zoning Appeals shall be held only after five days prior notice thereof has been published once in any publication having general circulation in the city or ten days prior notice thereof has been published once in a newspaper of general circulation as defined by the Ohio Revised Code and, in addition, ten days prior notice by first-class mail has been given to owners or occupants of property adjacent to the premises involved and to owners or occupants of property located immediately across the street therefrom, and in addition thereto, to the owners or occupants of not less than five neighboring properties. Notice shall be deemed complete as of the day it is mailed.

('64 Code, § 1197.22; Ord. 2711, passed 4-17-84)

The Board of Zoning Appeals shall keep a journal of its proceedings and may adopt rules of procedure, not inconsistent with this Zoning Code, for filing, prosecution, hearing and determination of appeals brought before it.

('64 Code, § 1197.23; Ord. 2042, passed 12-20-72)

No appeal shall be heard by the Board of Zoning Appeals unless:

(a)

The appeal is filed in writing setting forth the information required by this Zoning Code within ten days from the making of the order, determination or enforcement from which the appeal is taken;

(b)

The appeal is filed by the owner in fee simple of the premises involved, his duly authorized agent, lessee, optionee or contractor; and

(c)

Payment to the Finance Director to defray administrative expenses of $50.00 for each parcel of land for which an appeal is filed for a single variance on such parcel and for each additional variance requested on the same parcel an additional fee of $15.00 shall be paid.

('64 Code, § 1197.24; Ord. 2042, passed 12-20-72; Am. Ord. 2473, passed 10-16-79)

Every appeal shall be made on forms provided for that purpose by the Building Department and shall set forth the following:

(a)

The name of the owner of the premises involved;

(b)

The name of the person making the appeal and his interest in the premises involved;

(c)

A description of the premises in sufficient detail to identify its location and approximate size and shape;

(d)

A description of the order, regulation or act of enforcement appealed from and the date thereof;

(e)

The facts and circumstances upon which it is claimed the appeal should be granted; and

(f)

Such other information as shall be provided by rule of the Board of Zoning Appeals.

('64 Code, § 1197.25; Ord. 2042, passed 12-20-72)

Whenever the Board of Zoning Appeals considers it necessary to enable it to thoroughly consider any appeal, the person filing the appeal shall, at his expense, promptly supply to it all engineering data, surveys, drawings, technical data, plot plan and other similar information requested by the board. Failure to comply with the request of the board shall be grounds for denying an appeal.

('64 Code, § 1197.26; Ord. 2042, passed 12-20-72)

Whenever a variance or exception is granted by the Board of Zoning Appeals, except variances and exceptions granted pursuant to section 1197.11, for any building, structure or other improvement for which a building permit is required by the ordinances and regulations of this municipality, an application for such building permit together with all required plats, plans and other data and documents shall be properly filed within six months from the date such variance or exception is granted; otherwise, the variance or exception shall automatically become null and void upon the expiration of such six-month period.

('64 Code, § 1197.31; Ord. 2042, passed 12-20-72)

The Chairman of the Board of Zoning Appeals is hereby empowered to compel the attendance of any person at any hearing before it and to compel the production of evidence, either written or oral, which is material to any matter pending on appeal before it, and to issue subpoenas and subpoenas duces tecum for such purpose.

('64 Code, § 1197.41; Ord. 2042, passed 12-20-72)

The Board of Zoning Appeals shall set a stated time and place for its regular monthly meetings and may be called into session at any time by the Chairman or the Mayor upon advance notice of not less than 24 hours. A majority of its members shall constitute a quorum for the transaction of business, and the concurring affirmative vote of at least four members thereof shall be necessary to make any final order, determination or decision. Whenever the board grants any variance or exception, it shall make a report thereof in the form prescribed by the President of Council. All variances and exceptions granted by the board shall be subject to review and approval by Council before becoming effective.

('64 Code, § 1197.42; Ord. 2042, passed 12-20-72)

(a)

Whenever the Board of Zoning Appeals under the provisions of this Zoning Code shall, in its discretion, grant a variance, the board may assume that the City Engineer shall immediately make a survey of the premises and locate, by setting appropriate stakes or other tangible devices to indicate to the property owner and other interested parties, the exact location for the placement of such buildings. During the erection of such buildings, the Engineer shall make any checks which he deems necessary to see that the terms of the variance are being complied with, and after the completion of such buildings the Engineer shall make such checkups as he deems feasible.

(b)

There shall be assessed against the property owner, and paid into the municipality as compensation to the Engineer for his services, such amount of money as the Engineer is entitled to on an hourly basis in accordance with the existing ordinance providing for compensation to the Engineer and to his assistants.

('64 Code, § 1197.51; Ord. 2042, passed 12-20-72)

This Zoning Code and Map should be amended periodically in order to keep it abreast of new zoning techniques, as well as when the following general conditions arise:

(a)

Whenever a general hardship prevails throughout any district classification; or

(b)

Whenever a change in development concepts occurs in land use or transportation either within or surrounding the city; or

(c)

Whenever extensive developments are proposed that would be in the public interest and would comply with the current Master Plan of the city. Such amendments shall be made in accordance with the following legislative procedures.

('64 Code, § 1199.01; Ord. 2042, passed 12-20-72)

A proposed change of the Zoning Code or Map may be initiated either by a member of the Planning Commission or Council, or by the owner of any lot affected or his authorized representative. If initiated by a lot owner or member of Council, the proposal or ordinance to amend shall be referred to the commission before any action is taken by Council.

(a)

Filing. Six copies of the complete request and information shall be filed with the Building Commissioner and accompanied by a receipt certifying payment of required fees. The request shall contain as a minimum, the following information whenever applicable:

(1)

Name and address of applicant.

(2)

Permanent parcel numbers and ownership.

(3)

Present zoning and use or proposed rewording of code.

(4)

An outline of the area on a vicinity map showing property lines, streets, permanent parcel numbers, existing and proposed zoning lines or; specific wording changes or additions to the code.

(5)

Topographical map at two foot contours showing any associated development layout.

(6)

Related information on the proposed change or associated development such as development concept, architectural scheme, floor area, parking, and the like.

(7)

Substantiated justification for the proposed changes or use including relevance to any conditions outlined in section 1199.01.

(b)

Review fees. The applicant shall deposit a check payable to the city in the amount as established by the schedule of fees, by ordinance, along with the application, to be credited to the General Fund for the exclusive use of defraying any expenses incurred by the city in reviewing the application.

(c)

Planning Commission action.

(1)

The Planning Commission may require transmittal of the application to any interested agencies or consultants for comment, and such agencies and consultants shall return their comments and recommendation to the commission.

(2)

After receipt of the aforementioned comments and recommendations and having had sufficient time to review the comments and recommendations, the commission shall set a date for a public hearing on the application.

('64 Code, § 1199.02; Ord. 2138, passed 1-21-75; Am. Ord. 2297, approved by voters 6-6-78)

(a)

The Planning Commission shall hold a public hearing on the proposed amendment. Notice of the time and place of such hearing and a summary of the proposed amendment shall be given by either of the following methods:

(1)

Publication at least once in a newspaper of general circulation in the city at least ten days prior to the date of the hearing; or

(2)

If the proposed amendment affects a relatively small area, a written notice may be mailed not less than ten days prior to the date of such hearing, to the owners of all property within, contiguous to and directly across the street from the area subject to the proposed amendment.

(b)

A copy of the proposed amendment and all reports, maps or descriptions in connection therewith shall be on file in the office of the Clerk of Council during the period of such notice.

('64 Code, § 1199.03; Ord. 2042, passed 12-20-72; Am. Ord. 3741, passed 7-20-99)

A quorum of the Planning Commission shall consist of four members and the concurring vote of four members shall be necessary to take any action on any proposed amendment. The Planning Commission shall make its written recommendation and report to Council on the proposed amendment within 60 days after a public hearing unless it is mandatory referral by Council or unless a longer period is allowed by Council. If the commission fails to act within the time allotted, Council may act on the proposed amendment as if the commission approved the matter. The commission may approve or disapprove the proposed amendment either in whole or in part.

('64 Code, § 1199.04; Ord. 2138, passed 1-21-75)

At the public hearing by the Planning Commission, any interested person shall be heard who desires to present reasons for or against the adoption of the proposed amendment, subject, however, to the procedural regulations of the commission or rulings from the presiding officer. The commission, by motion, may recess from time to time the public hearing, but no further notice by mail or advertisement need be given for the time and place of any subsequent recessed public hearing of that proposed amendment. The commission need not take final action on such proposed amendment at the time of the public hearing but shall act within the time specified in section 1199.04.

('64 Code, § 1199.05; Ord. 2042, passed 12-20-72)

(a)

If the proposed amendment is approved by the Planning Commission, Council may adopt the amendment by a majority vote. If such amendment is disapproved by the commission, it may be adopted only by the affirmative vote of five members of Council.

(b)

Council shall act on the written recommendation or report of the commission within 60 days after the receipt thereof. If Council action requires legislation, the proposed ordinance shall be put on first reading within 60 days after Council's approval and final action shall be taken within 60 days after first reading.

('64 Code, § 1199.06; Ord. 2042, passed 12-20-72)

An application for an amendment to the Zoning Map which has been denied by Council shall not be made for a period of one year from the date of each denial, except a new application which affects all, or part, of the same property and which is substantially different from the denial application, may be submitted without the foregoing limitation.

('64 Code, § 1199.07; Ord. 2042, passed 12-20-72)

The Planning Commission shall maintain a permanent and current record of this Zoning Code showing all amendments to the text and Map.

('64 Code, § 1199.08; Ord. 2042, passed 12-20-72)

(a)

This Zoning Code shall be effective upon passage and publication and upon adoption by Council of a supplementary ordinance including the Zoning Map and the publication of the ordinances creating such Zoning Districts and Zoning Map.

(b)

This Zoning Code and Map shall take effect and be in force at the earliest date permitted by the Charter of the city.

('64 Code, § 1199.09; Ord. 2042, passed 12-20-72)