Brooklyn City Zoning Code
CHAPTER 1111
Administration and Procedures
1111.01 PURPOSE.
The purpose of this section is to:
(a) Identify the roles and responsibilities of the various elected and appointed boards and commissions, and the duties of City staff, in the administration of this Zoning Code; and
(b) Identify the development review procedures used in the administration of this Zoning Code.
(Ord. 2022-34. Passed 1-9-23.)
1111.02 SUMMARY TABLE OF PROCEDURES.
The following table summarizes the review and decision-making responsibilities of the entities that have roles in the various procedures.
TABLE 1111.02-1: SUMMARY TABLE OF PROCEDURES
Procedure | Section Reference | Building Commissioner | Planning Commission | City Council | Board of Zoning Appeals | Court of Common Pleas |
Zoning Text and Map Amendments | 1111.05(a) | Review | Recommendation | Public Hearing & Decision | Appeal | |
Conditional Use | 1111.05(b) | Review | Public Hearing & Decision | Confirmation | Appeal | Appeal |
Variance | 1111.05(c) | Review | Public Hearing Decision | Appeal | ||
Site Plan | 1111.05(d) | Review | Decision | Appeal | Appeal | |
Building Permit | 1111.05(e) | Review & Decision | Appeal | Appeal | ||
Administrative Appeals | 1111.05(h) | Review | Public Hearing & Decision | Appeal | ||
Determination of Similar Use | 1111.05(g) | Review | Decision | Appeal | Appeal | |
Blank Box = No review or approval authority.
(Ord. 2022-34. Passed 1-9-23.)
1111.03 PUBLIC HEARING REQUIREMENTS.
(a) Public Hearing Requirements for Zoning Text and Map Amendments.
(1) Published Notice.
A. Notice of a public hearing shall be published once, no less than thirty (30) days prior to the date of the public hearing, in a newspaper of general circulation within the City or on the City's official webpage.
B. The notice shall state the time and place of the public hearing and a summary of the proposed amendments; and advise recipients of their right to comment either in person at the meeting or in writing to the board or commission where the public hearing is taking place.
(2) Mailed Notice.
A. Mailed notice shall be sent by first class mail no less than twenty (20) days prior to the date of the public hearing to property owners within, contiguous to, and directly across the street from the area proposed to be rezoned, if the proposed amendment is intended to rezone or redistrict ten (10) or fewer parcels of land, as listed on the county fiscal officer's current tax list.
B. Notice shall be sent to owners and addresses as determined from the current records of the county fiscal officer.
C. The notice shall include a summary of the application request; the time, date, and place of the public hearing; and advise recipients of their right to comment either in person at the meeting or in writing to the board or commission where the public hearing is taking place.
(b) Public Hearing Requirements for Conditional Use, Variance, and Appeal Applications
(1) Published Notice.
A. Notice of a public hearing shall be published once, no less than seven (7) days prior to the date of the public hearing, in a newspaper of general circulation within the City or on the City's official webpage.
B. The notice shall include a summary of the application request; the time, date, and place of the public hearing; and advise recipients of their right to comment either in person at the meeting or in writing to the board or commission where the public hearing is taking place.
(2) Mailed Notice.
A. Mailed notice shall be sent no less than ten (10) days prior to the date of the public hearing to property owners within 100 feet of the subject property.
B. Notice shall be sent to owners and addresses as determined from the current records of the Cuyahoga County Recorder.
C. The notice shall include a summary of the application request; the time, date, and place of the public hearing; and advise recipients of their right to comment either in person at the meeting or in writing to the board or commission where the public hearing is taking place.
(Ord. 2022-34. Passed 1-9-23.)
1111.04 COMMON REVIEW REQUIREMENTS.
(a) Authority to File Applications. Unless otherwise specified in this code, development applications may be initiated by:
(1) The owner(s) of the property this is the subject of the application;
(2) The owner's authorized agent; or
(3) A representative of the City.
(b) Fees.
(1) The City Council shall by ordinance establish a schedule of fees for all development applications and procedures pertaining to the administration and enforcement of this Zoning Code. Such fees shall be established after considering the recommendations of the Building Commissioner with respect to the actual administrative costs, both direct and indirect.
(2) The schedule of fees shall be posted in the office of the Building Commissioner and may be amended only by City Council.
(3) Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure. (Ord. 2022-34. Passed 1-9-23.)
1111.05 SPECIFIC PROCEDURES.
(a) Zoning Text or Map Amendment.
(1) Process Flow Chart. Unless a different process is prescribed by Charter, applications for zoning text or zoning map amendments shall follow the specific procedure outlined in subsection (a)(5), which is summarized in the below flow chart.
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Figure 1111.05-1 Zoning Text and Map Amendment Process Flow Chart
(2) Authority. City Council may, by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by the Charter, amend, supplement, change, or repeal the regulations, restrictions, and boundaries of the zoning districts. In reviewing a proposed zoning amendment, Council shall assure that any changes will not be detrimental to adjacent property owners, structures, or uses, and will maintain the health, safety, and general welfare of the community.
(3) Initiation of Amendment. Amendments to the Zoning Code may be initiated in one of the following ways:
A. By the adoption of a recommendation to City Council by Planning Commission;
B. By the adoption of resolution or ordinance by City Council; or
C. By the filing of an application with the Building Commissioner by one (1) or more owners of property within the area to be changed or affected by an amendment proposed by such property owners.
(4) Application Requirements. Applications for zoning text and map amendments shall be on forms supplied by the Building Commissioner and shall include the following:
A. Completed application form.
B. Map of land to be rezoned, drawn by a registered surveyor with supporting legal descriptions; or the text of a proposed amendment to the language of the Zoning Code.
C. If ten (10) or fewer parcels are to be rezoned, a list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case.
D. A fee as established by City Council.
(5) Approval Process. The following is the approval process for a zoning text or map amendment.
A. Application Complete. The Building Commissioner, upon finding that the application materials are complete, shall submit the materials to the Planning Commission at its next meeting.
B. Planning Commission Recommendation. Within sixty (60) days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to City Council. The Planning Commission may recommend that the amendment be granted as requested, it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The written decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based. If a recommendation by the Commission is not made within the sixty (60) day time period, a recommendation to grant the amendment as requested shall be presumed.
C. Public Hearing by City Council. Upon receipt of the recommendation from the Planning Commission, City Council shall schedule a public hearing. Said public hearing shall not be more than fifty (50) days from receipt of the Commission's recommendation. The public hearing shall comply with the regulations set forth in Section 1111.03.
D. Action of City Council. The City Council shall either adopt or deny the recommendations of the Planning Commission or adopt some modification thereof. In the event the City Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three-fourths (3/4) of the full membership of City Council. No such ordinance shall be passed unless it has been full considered on three (3) different days.
E. Effective Date. Amendments that are not subject to referendum pursuant to the City Charter shall become effective thirty (30) days after the date of such adoption.
(b) Conditional Use.
(1) Process Flow Chart. Applications for conditional uses shall follow the specific procedure outlined in subsection (b)(5), which is summarized in the below flow chart.
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Figure 1111.05-2: Conditional Use Process Flow Chart
(2) Applicability.
A. The potentially diverse characteristics and impacts of a number of new and unique uses, as well as conventional uses, require the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety, and general welfare of the community.
B. Proposed conditional uses shall receive an individual consideration with respect to such considerations as location, design, size, method(s) of operation, intensity of use, public facility requirements, and traffic generation.
(3) Conformance with District Regulations. A conditional use, except as specifically otherwise provided in this section, shall conform to such district regulations, and to other substantive requirements of this Zoning Code including use-specific standards as well as satisfying the conditions, standards, and requirements of this section.
(4) Review Criteria. A conditional use, and uses accessory to such conditional use, shall be permitted in a zoning district only when specified in Table 1103.03-1: Use Table as a permitted conditional use in such district, and only if such use conforms to the following standards in addition to any specific conditions, standards, and regulations for such use. Furthermore, the Planning Commission shall find that:
A. The conditional use will be in general accord with the purpose, intent, and basic planning objectives of this Zoning Code, and with the objectives for the district in which the use is located.
B. The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
C. The conditional use will be designed, constructed, operation, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area.
D. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or substantially diminish and impair property values within the neighborhood.
E. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
F. Adequate utilities, access roads, drainage, and necessary facilities have been or are being provided.
G. Adequate measures have been or will be taken to provide ingress and egress designed as to minimize traffic congestion in the public streets.
H. The establishment of the conditional use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facility such as police, fire, and schools.
I. There is minimal potential for future hardship on the conditional use that could results from the proposed use being surrounded by uses permitted by right that are incompatible.
J. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located as well as the specific supplemental conditions that may apply.
(5) Approval Process.
A. Submit Application.
i. Every application for a conditional use permit shall be made to the Building Commissioner and submitted by the Building Commissioner to the Planning Commission for approval and to City Council for confirmation.
ii. The application shall include the information required for a site plan pursuant to Section 1111.05(d) and shall be accompanied by the payment of a fee as established by the City Council, which shall not be refundable.
B. Planning Commission Public Hearing and Decision.
i. The Planning Commission shall hold a public hearing on the application. The public hearing shall be subject to the regulations in Section 1111.03.
ii. At the hearing or upon conclusion of the public hearing, the Commission shall review the application and the evidence presented at the public hearing to determine if the requested use complies with the intent and specific standards of subsection (b)(4).
iii Following review of the application , the Commission shall approve or disapprove the request for a conditional use permit. The Commission may impose additional conditions, stipulations, and safeguards it finds necessary for the protection of nearby property and the public health, safety, morals, and general welfare.
iv. Failure of the Planning Commission to act within ninety (90) days, or an extended time period so agreed upon with the application, shall be deemed a denial of the conditional use permit.
C. City Council Confirmation. Any conditional use approved by the Planning Commission must be confirmed by a majority vote of City Council; otherwise, the request for a conditional use permit is denied.
D. Conditional Use Permit.
i. Upon confirmation by City Council, the Building Commissioner shall issue a conditional use permit with notation of conditions thereon or attached thereto.
ii. The conditional use approval shall be void if the applicant has not received a building permit within twelve (12) months of the date of the conditional use approval.
iii. The breach by the applicant of any condition, safeguard, or requirement expressed or referred to on the conditional use permit shall render the permit void and shall constitute a violation of the Zoning Code.
(c) Variance. Variances shall conform to the following procedures and requirements. The board of zoning appeals is the review and decision-making body for variance applications.
(1) Process Flow Chart. Applications for variances shall follow the specific procedure outlined in subsection (c)(3), which is summarized in the below flow chart.
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Figure 1111.05-3: Variance Process Flow Chart
(2) Applicability. A request for a variance may be submitted to the board of zoning appeals by the owner of the property involved or a designated agent.
(3) Application Requirements. Except as otherwise permitted in this code, no variance shall be considered by the Board of Zoning Appeals unless the Board shall find that the written application for the requested variance contains all of the following requirements:
A. Name, address, phone number, and e-mail address of applicant(s);
B. Legal description of the property;
C. Description or nature of appeal requested;
D. A fee as established by City Council; and
E. Narrative statements establishing and substantiating the justification for the variance pursuant to the review criteria established in subsection (c)(4).
(4) Review Criteria.
A. A variance from the terms of this Zoning Code may be granted with the Board determines that such variance will not be in contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this Code would result in practical difficulty.
B. No nonconforming use of neighboring lands, structures, or buildings of adjacent properties shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provision of this Code would result in practical difficulty.
C. Specially, the Board shall determine that:
i. The granting of the variance shall be in accord with the general purpose and intent of the regulations imposed by this Code for the district in which it is located and shall not be injurious to the area or otherwise detrimental to the public welfare.
ii. The granting of the variance will not permit the establishment of any use which is not otherwise permitted in the district.
iii. Special circumstances or conditions exist which are peculiar to such land or buildings and do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this code would deprive the applicant of the reasonable use of such land or building. Loss in value shall not justify a variance; unless such loss in value deprives the owner of any beneficial use of the land.
iv. The condition which is the basis for the variance is not self- created; or established by one who purchased the property with or without knowledge of the restrictions.
v. The granting of the variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish the purpose.
vi. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.
D. The Board may further prescribe any conditions and safeguards that it deems necessary to insure that the objectives of the regulations or provisions to which the variance applies will be met. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a punishable violation under this Zoning Code.
(5) Approval Process.
A. The Board of Zoning Appeals shall hold a public hearing. Such hearing shall be held within sixty (60) days of acceptance of the application for appeal by the Building Commissioner. The Board shall fix the date for the public hearing. The public hearing shall comply with the requirements set forth in Section 1111.03.
B. The Board of Zoning Appeals may reach a decision on the appeal at the hearing and shall reach a decision on the appeal within forty-five (45) days of the date of the initial hearing. The Building Commissioner shall notify the applicant in writing of the decision of the Board and shall maintain a detailed report of the proceedings and decisions of the Board on each appeal heard by the Board. Such report shall be open to public inspection and copies sent forthwith to each interested party, the chairperson of the Planning Commission, and the President of City Council.
C. The decision of the Board of Zoning Appeals is final, and any further appeals shall be filed with the Court of Common Pleas.
D. If the Board of Zoning Appeals fails to act within forty-five (45) days after completion of the hearing, the determination of the Building Commissioner, board, or commission, shall be final and the appeal shall be deemed denied.
E. A member of the Board shall not be qualified to vote if they have not attended the public hearing or if they have had direct or indirect interest in the issue appealed.
(d) Site Plan.
(1) Process Flow Chart. Applications for site plans shall follow the specific procedure outlined in subsection (d)(3), which is summarized in the below flow c-hart.
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Figure 1111.05-4: Site Plan Process Flow Chart
(2) Applicability.
A. The purpose of this section is to provide adequate review by the Planning Commission of proposed development that could have an adverse effect on surrounding health, safety, aesthetics, and general welfare of the community without the safeguards of this review, and to assure conformance with the currently adopted City of Brooklyn Master Plan.
B. Site plan review shall be required for all new development applications except for the following:
i. Single-family (detached and attached) and two-family residences.
ii. Expansion or reduction of existing non-residential uses representing an increase in floor area or parking area that is ten percent (10%) or less in size of the existing building square footage but does not exceed a combined square footage of over 5,000 square feet.
iii. A change in use in a non-residential building that does not require a modification in the amount of parking or the sites circulation.
iv. Modifications to sites involving changes to landscaping materials or the relocation of landscaping that does not include an overall reduction of materials.
v. Accessory structures.
vi. Signs for existing buildings which includes replacement signs, new signs resulting from tenant changes, signage re-branding, or other similar purpose. Signs for new buildings will require review and approval by the Planning Commission as part of the Site Plan review process.
(3) Approval Process.
A. Preliminary Plan Review
i. An applicant is encouraged to meet informally with the Building Commissioner prior to submitting plans to the Planning Commission.
ii. Additionally, an applicant may request preliminary plan review by the Planning Commission.
iii. Preliminary plans should be submitted to the Building Commissioner at least thirty (30) days prior to the Planning Commission meeting to be scheduled on the agenda.
iv. Planning Commission approval of a preliminary development plan indicates that based on the preliminary information submitted to the Planning Commission, the project could satisfy the substantive requirements for the proposed use in the district in which it is to be located and comply with the purpose and basic planning objectives of this Zoning Code. However, such preliminary plan approval does not assure approval of the final development plan. Based on an approved preliminary plan, the applicant may then proceed to submit a final development plan.
B. Final Development Plan Submittal.
i. No building permit shall be issued for the addition or construction or use of any building which requires final development plan review pursuant to subsection (d)(2) above except in accordance with a development plan approved by the Planning Commission.
ii. An application for review of a site plan is to be submitted to the Building Commissioner. It may be filed by a landowner, a developer on behalf of an owner or group of owners acting jointly.
iii. The Building Commissioner shall review the application to assure compliance with the application requirements, along with any additional City officials or consultants at the request of the Building Commissioner. If the requirements have not been satisfied, the application will be returned to the applicant with the deficiencies noted.
C. Planning Commission Review and Decision.
i. The Planning Commission may either approve, approve with modifications, or reject the proposal. The Commissions shall determine if the proposed plan meets the review and approval criteria established herein. If the Commission finds that a proposed plan of development does not meet the criteria, it shall disapprove the plan. The Commission shall submit its findings in writing, together with the reasons therefore, to the applicant.
ii. Failure by the Commission to act within ninety (90) days from the time the plan has been deemed complete and accepted by the Building Commissioner, or an extended time period so agreed upon with the applicant, shall be deemed a denial of the site plan application.
iii. A development plan shall remain valid for a period twelve (12) months following the date of its approval. If at the end of that time construction shall not have diligently begun, then such development plan shall be considered as having lapsed and shall be of no effect unless resubmitted to the commission and re-approved. All construction and development under any building permit shall be in accordance with an approved site development plan. Any changes in an approved plan shall be resubmitted for approval in accordance with this section.
D. Final Development Plan Review Criteria. In reviewing a final development plan, the Planning Commission shall consider the location of buildings, parking areas, and other features with respect to the following:
i. The topography of the lot and existing natural features such as streams and large trees;
ii. The efficiency, adequacy, and safety of the proposed layout of internal streets and driveways;
iii. The location of the green area provided, bearing in mind the possible effects of irregular shaped lots;
iv. The adequacy of location, landscaping, and screening of the parking lots; and
v. Such other matters as the Commission may find to have a material bearing upon the stated standards and objectives of the various district regulations.
E. Final Development Plan Approval Criteria. In approving a site plan, the Planning Commission shall find that:
i. The appropriate use and value of property within and adjacent to the area will be safeguarded.
ii. The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.
iii. The development will have adequate public service, parking, and open spaces.
iv. The plan, to the extent practical, will preserve and be sensitive to the natural characteristics of the site.
v. Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.
vi. Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual, and normal swales, water courses, and drainage areas.
vii. If the project is to be carried out in progressive stages, each stage shall be planned that the foregoing conditions are complied with at the completion of any stage.
(4) Final Development Plan Application Requirements. A final development plan shall be drawn to a legible scale and shall include:
A. A property location map and topography survey of proposed development area showing the following information:
i. Property lines;
ii. Easements;
iii. Street rights-of-way;
iv. Topography lines at two (2) foot intervals;
v. Existing buildings and structures;
vi. Landscape features, including existing trees and wooded areas; and
vii. Existing drainage patterns for the subject site and surrounding property.
B. A proposed site plan, appropriately dimensioned and labeled, including:
i. Location and use of buildings;
ii. Location of structures on surrounding properties;
iii. Landscaping and screening;
iv. Utilities and surface drainage;
v. Circulation, including driveways, access, sidewalks, parking, and loading;
vi. Description of surface materials, including type of pavement, sidewalks, landscaped areas, etc.; and
vii. Other site improvements, such as lighting and signs.
C. Preliminary floor plans of all proposed uses.
D. Architectural renderings of the exterior of all building elevations, noting the building's height, proposed materials, proposed colors, and dimensions of architectural details.
E. Summary table showing total acres and amount of land devoted to each proposed residential and non-residential use and streets.
F. Such other reasonable supplemental information as may be required by the Building Commissioner or Planning Commission.
G. A fee as established by City Council.
(e) Building Permits.
(1) Process Flow Chart. Applications for building permits shall follow the specific procedure outlined in subsection (e)(4), which is summarized in the below flow chart.
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Figure 1111.05-5: Building Permit Process Flow Chart
(2) Applicability. Excavations for buildings or site improvements shall not be started, and buildings or structures, or parts thereof, shall not be erected, altered, or moved, until a building permit therefore, accompanied by a fee established by City Council, has been applied for and issued by the Building Commissioner.
(3) Application Requirements. The Building Commissioner shall not issue any building or occupancy permit until the following applicable findings have been made and any necessary approvals have been granted.
A. The Building Commissioner finds that the application complies with the Zoning Code and other codes and regulations of the City. If the proposed building or use does not clearly comply, the Building Commissioner shall not grant variances or make exceptions, unless specifically as authorized.
C. The Planning Commission has approved, and City Council has confirmed a conditional use permit.
D. A sign application has been submitted as required by Section 1111.05(f) and approved by the Planning Commission or the Building Commissioner, as applicable.
E. For a change in use of conforming building or land, the Building Commissioner has determined that the proposed use is in conformity with this Zoning Code.
(4) Approval Process.
A. Staff Review. An application for a building permit shall be submitted to the Building Commissioner along with all the required information and fees, as detailed on the City's building permit application. The application shall be reviewed by City officials, or consultants at the request of the Building Commissioner. Any comments or requested changes on the application shall be forwarded to the applicant to address prior to approval.
B. Staff Approval. The Building Commissioner shall approve the building permit once all requested changes, if any, have been completed and the building permit application meets all the applicable requirements. Notice of the approval will be sent to the applicant along with remaining steps or procedures that are required.
(f) Sign Permit.
(1) Process Flow Chart. Applications for a sign permit shall follow the specific procedures outlined in subsection (f)(5), which is summarized in the below flow chart.
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Figure 1111.05-6: Sign Permit Process Flow Chart
(2) Applicability.
A. A sign permit shall be required for all permanent signs or repaired signs, unless exempted by this section, and shall be erected, moved, materially or substantially altered, or enlarged in conformance with the applicable standards as set forth in this section.
B. The Building Commissioner shall review and decide on sign permits for existing buildings which includes replacement signs, new signs resulting from tenant changes, signage re-branding, or other similar purpose.
C. The Planning Commission shall review and decide on sign permits for new buildings.
(3) Conformance. The construction, erection, safety, and maintenance of all signs shall be in accordance with applicable City codes. This section shall not amend, or in any way interfere with, other codes, rules, or regulations governing traffic signs within the City.
(4) Application Requirements. A sign, for which a permit has been issued, shall not be modified, relocated, altered, or replaced unless a new sign permit is issued by the Planning Commission or Building Commissioner, as applicable, or an amended sign permit or temporary sign permit is issued by the Building Commissioner. Each sign permit application shall be submitted to the Building Commissioner and accompanied by the following information or items:
A. A fully dimensioned drawing showing the design of the proposed sign;
B. Foundation and anchoring drawings of the proposed sign;
C. Fully dimensioned site plan showing the sign location in relation to property lines, right-of-way, buildings, walks, and drives;
D. Dimensioned elevation drawings showing the size, sign type, height, support or mounting method, and construction materials;
E. For illuminated signs, the number and types of lamps and lens material and a statement in writing that the illumination of such sign will comply with Section 1108.08;
F. Colored photographs of existing buildings, if applicable;
G. For ground signs, a sign base landscaping plan;
H. The written consent of the owner or lessee of the premises upon which the sign is to be erected or placed; and
I. An application fee established by the City Council.
(5) Approval Process.
A. Building Commissioner Action.
i. The Building Commissioner shall review the application for completeness and determine if the application is complete. If all information required is not provided, the Building Commissioner shall promptly notify the applicant of the additional items needed.
ii. Upon submission of a completed sign permit application, the Building Commissioner shall review the application and issue a determination of approval, approval with conditions, or denial. If the sign permit requires the approval of Planning Commission, the Building Commissioner shall cause the application to be placed on the next available Planning Commission agenda subject to any administrative submission deadlines.
B. Planning Commission Action.
i. If applicable, the sign permit application shall be approved by the Planning Commission when all the applicable conditions of this Code are satisfied.
ii. The Planning Commission may refuse to issue a sign permit for the erection of any such sign unless details of construction and manner of erection ensure the safety or such signs and signboards when erected.
iii. Following approval by the Planning Commission, the Building Commissioner shall issue a sign permit to the applicant.
C. Amended Sign Permit. The Building Commissioner shall have the authority to review and decide on all amended sign permit applications. At any time, the Building Commissioner may refer an amended sign permit application to the Planning Commission to review and make the determination of permit approval or denial.
(6) State Permit Required for Certain Signs. Notwithstanding any other section of this chapter, the owners of and applicants for all permitted signs or other advertising devices located within 660 feet of the edge of the right of way of an interstate or primary state highway, as defined in the Ohio Revised Code, shall make application for a permit to the Director of the State Department of Transportation, Attn.: Advertising Device Control Section, and comply with all provisions of the Ohio Revised Code prior to applying for a sign permit required by this chapter.
(g) Determination of Similar Use.
(1) Process Flow Chart. Applications for a determination of similar use shall follow the specific procedure outlined in subsection (g)(4), which is summarized in the below flow chart.
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Figure 1111.05-7: Determination of Similar Use Process Flow Chart
(2) Applicability.
A. Where a specific use is proposed that is not listed in Table 1103.1-1: Use Table or provided for in this Zoning Code, the Planning Commission may determine that the proposed use is substantially similar to a specific use that is listed in Table 1103.1-1: Use Table.
B. If the Commission finds that a proposed use is substantially similar to a specific use listed in Table 1103.1-1: Use Table, the similar use shall be permitted or conditionally permitted in those districts where the specifically listed is permitted or conditionally permitted.
C. If a similar use is determined to be substantially similar to a conditionally permitted use in Table 1103.1-1: Use Table, the use shall be subject to the conditional use regulations in Section 1111.05(b), and any other standards that apply to the conditional use which the proposed use is most similar.
(3) Similar Use Consideration. The following standards shall be considered by the Planning Commission when determining that a use is substantially similar to a permitted or conditionally permitted use within Table 1103.1-1: Use Table:
A. The compatibility of the proposed use with the general classification of uses specified in this Zoning Code.
B. The nature, predominant characteristics, and intensity of the proposed use in relation to the similar principal or conditional use in that district.
C. The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses as specified in this Zoning Code.
(4) Approval Process.
A. Staff Review. A request for a determination of similar use shall be submitted in writing to the Building Commissioner. The request shall be reviewed by City officials, or consultants at the request of the Building Commissioner. The Building Commissioner shall forward any reports or comments on the request to the Planning Commission at the time of the Commission's review.
B. Planning Commission Review and Determination. The Planning Commission shall review the proposed request for a determination of a similar use and shall make a determination on the request per the considerations set forth in subsection (g)(3).
C. Appeals. If the applicant disagrees with the decision of the Planning Commission, they may appeal the decision to the Board of Zoning Appeals per Section 1111.05(h).
(h) Appeals. Appeals shall conform to the following procedures and requirements. The board of zoning appeals is the review and decision-making body for appeals.
(1) Process Flow Chart. Applications for appeals shall follow the specific procedure outlined in subsection (h)(4), which is summarized in the below flow chart.
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Figure 1111.05-8: Appeals Process Flow Chart
(2) Applicability. Appeals to the Board of Zoning Appeals may be taken by any person aggrieved by a decision of the Building Commissioner, or Board of the City. Such appeal must be filed within twenty (20) days after the decision is made by filing, with the Building Commissioner and Court of Common Pleas.
(3) Application Requirements. Except as otherwise permitted in this Code, no appeal shall be considered by the Board of Zoning Appeals unless the Board shall find that the written application for the requested appeal contains all of the following requirements:
A. Name, address, phone number, and e-mail address of applicant(s);
B. Legal description of the property;
C. Description or nature of appeal requested;
D. A fee as established by City Council; and,
E. Narrative statements establishing and substantiating the justification of the grounds for appeal.
(4) Approval Process.
A. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Commissioner certifies to the Board after the notice of appeal is filed with him that, by reason of facts stated in the certificate, a stay would in their opinion case imminent peril to life or property. In such cases, proceedings shall not be stayed unless directed by the Board of Zoning Appeals.
B. The Building Commissioner shall transmit to the Board of Zoning Appeals all papers constituting a record upon which the action appealed from was taken.
C. Before making any decision on an appeal, the Board of Zoning Appeals shall hold a public hearing. Such hearing shall be held within sixty (60) days of acceptance of the application for appeal by the Building Commissioner. The Board shall fix the date for the public hearing. The public hearing shall comply with the requirements set forth in Section 1111.03.
D. The Board of Zoning Appeals may reach a decision on the appeal at the hearing and shall reach a decision on the appeal within forty-five (45) days of the date of such hearing. The Building Commissioner shall notify the applicant in writing of the decision of the Board and shall maintain a detailed report of the proceedings and decisions of the Board on each appeal heard by the Board. Such report shall be open to public inspection and copies sent forthwith to each interested party, the Chairperson of the Planning Commission, and the President of City Council.
E. The decision of the Board of Zoning Appeals is final, and any further appeals shall be filed with the Court of Common Pleas.
F. If the Board of Zoning Appeals fails to act within forty-five (45) days after completion of the hearing, the determination of the Building Commissioner, board, or commission, shall be final and the appeal denied.
G. A member of the Board shall not be qualified to vote if they have not attended the public hearing or if they have had direct or indirect interest in the issue appealed.
(Ord. 2022-34. Passed 1-9-23.)
1111.06 REVIEW AND DECISION-MAKING BODIES.
(a) Building Commissioner.
(1) Appointment. The Building Commissioner shall administer and enforce this Zoning Code. The Building Commissioner may be provided with the assistance of other such persons as the Mayor may direct.
(2) Powers and Duties. The Building Commissioner shall have the following powers and duties in accordance with the procedures contained in this section.
A. To receive all applications for site plan review, conditional uses, and sign permits, and collect all applicable fees. The Building Commissioner shall promptly review each application that is submitted to determine compliance with the applicable district regulations and submission requirements. If the application is deemed insufficient, the Building Commissioner shall promptly notify the applicant of necessary changes. If the application is deemed sufficient, the Building Commissioner shall officially accept the application on that date for consideration of the action(s) requested and proceed to process the application per the appropriate process as identified in Table 1111.02-1: Summary Table of Procedures.
B. To maintain a record of all administrative and legislative proceedings under this Code, with respect to site plan approval, appeals, variances, and zoning amendments.
C. Maintain a current copy of the City's Official Zoning Map, which shall be kept on permanent display in the City offices.
D. Conduct inspections of buildings and uses of land to determine compliance with this ordinance, and, in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.
E. Determine the existence of any violations of this Code and cause such notifications, revocation notices, or orders for removal of violations to be issued, or initiate such other administrative or legal action as needed, to address such violation.
F. To review and approval (or disapprove) applications for certain sign permits pursuant to Section 1111.05(f).
G. Other tasks that may be assigned by the Mayor or other administrative personnel.
(b) Planning Commission. In addition to the powers and duties established in the City Charter, the Planning Commission shall have the following functions, powers, and duties, exercisable in accordance with the procedures contained within this Code.
(1) To review and approve, approve with modifications, or disapprove applications which require Planning Commission's recommendation or decision.
(3) To adopt bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.
(c) Board of Zoning Appeals. The Board of Zoning Appeals shall have the powers duties as prescribed in the City Charter and in this Zoning Code and the Codified Ordinances and shall establish such rules and regulations as it determines to be necessary for the proceedings of the Board.
(1) Proceedings. Meetings of the Board shall be held at least once a month, and at such other times as the Board may determine or upon call of the chairperson, unless the meeting is cancelled due to the Board having no agenda items. All meetings shall be open to the public. The Board shall adopt its own rules of procedures and shall keep a record of its proceedings showing the vote of each member upon each question, or if absent, or if failing to vote indicating such fact; and shall keep records of its examinations and other official actions. Every rule or regulation, and every order, requirement, decision, or determination of the Board shall be recorded by the secretary of the Board and become a public record.
(2) Quorum. The presence of three (3) members shall constitute a quorum for the transactions of all business. The transaction of all business and action by the board shall be effected by the concurring votes of at least three (3) members.
(3) Powers and Duties. The Board of Zoning Appeals shall have the following powers:
A. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation, or determination made by an administrative official or other board or commission in the enforcement of this Zoning Code, or any amendment thereto.
B. To authorize, upon appeal, in specific cases, a variance from the terms of this Code. The Board shall determine that the variance will not be contrary to the public interest, that due to special conditions literal enforcement of the provisions of this Code will result in undue hardship, that the spirit of the Code shall be observed, and that substantial justice has been done.
C. To interpret the zoning district boundaries on the official zoning map, where questions with respect to zoning boundaries may have been raised. If there is a question regarding the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the Board and a determination shall be made by said Board, after formal public notice is given to adjacent and other affected property owners.
D. To adopt rules or bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of the powers.
E. To subpoena and require the attendance of witnesses, administer oats, compel testimony, and the production of books, papers, and other evidence pertinent to the issues of the matter before the Board.
F. To hear other appeals the Board is obligated to hear under the Codified Ordinances.
(d) City Council. The City Council shall be granted the powers and duties established in the City Charter and shall be responsible for hearing applications and amendments and making decisions based on the processes and procedures established in this Zoning Code.
(Ord. 2022-34. Passed 1-9-23.)
1111.07 PRE-EXISTING DEVELOPMENT AND NONCONFORMITIES.
(a) Purpose. Within the districts established by this Zoning Code, or by amendments thereto, there may be lots, uses of land, structures, and uses of structures and land in combination which were lawful before this Zoning Code was adopted or amended, but which now are prohibited, regulated, or restricted under the terms of this Code. Nevertheless, while it is the intent of this Code that such nonconformities be allowed to continue until they are removed, they should not be encouraged to survive. Therefore, no nonconformity may be moved, extend, altered, or used for any other use or structure not permitted elsewhere in the district except as otherwise specifically provided for in this Code.
(b) Nonconforming Uses. All nonconforming use shall be regulated according to the following provisions:
(1) Substitution of Nonconforming Uses.
A. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, as determined by the Planning Commission, provided no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or structure.
B. Whenever a nonconforming use has been changed to a less intense nonconforming use, such use shall not thereafter be changed back to a higher intensity non-conforming use. Intensity shall be determined by reviewing the demand created by the number of employees, number of patrons, parking requirements, or other similar factors.
C. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.
(2) Continuation of a Nonconforming Use. Where, at the time of adoption of this Zoning Code, lawful uses of land or structures exist which would not be permitted by the regulations imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful provided that:
A. Any nonconforming use that is damaged by natural causes, such as a fire, flood, or earthquake, may be reestablished as long as it is done within two (2) years of when the damage occurred.
B. Any nonconforming use may be extended throughout its existing building provided no structural alternations are made other than those ordered by the Building Commissioner to assure the safety of the building or structure.
(3) Expiration of a Nonconforming Use. If a non-conforming use is vacated or abandoned for any reason for a period of at least one (1) year, the use shall lose its nonconforming status and may not be re-established. Any new use that occupies the subject property shall conform to the regulations of this Code.
(4) Conditional Nonconforming Uses. Any use existing at the time this Code was adopted, which is permitted as a conditional use in a district under the terms of this Zoning Code shall not be deemed a nonconforming use in such district but shall without further action be considered a conforming use.
(c) Nonconforming Site Conditions.
(1) Repair, Maintenance, Alterations, and Expansions. When a conforming use does not comply with the site development regulations of this Zoning Code (including, but not limited to, lot size, setbacks, and lot width), the Building Commissioner shall only issue a permit for the repair, maintenance, alteration, or expansion of said structure or site conditions when it is determined that:
A. No other requirement of this Zoning Code is being violated, and the extent of nonconformity is not increased, or
B. The alteration brings the site into full conformity with the district regulations.
(2) Reconstruction of Nonconforming Structure. If a nonconforming structure is demolished by natural causes, the structure can be reconstruction in the exact footprint of the original nonconforming structure. The structure may be expanded from the exact footprint of the original nonconforming structure if the expansion conforms with all applicable zoning regulations for the district in which the property is located. The structure must be issued a building permit for the reconstruction within two (2) years of when the structure was demolished. (Ord. 2022-34. Passed 1-9-23.)
1111.08 ENFORCEMENT AND PENALTIES.
(a) Enforcement by Building Commissioner. The provisions of this Zoning Code shall be administered and enforced by the City's Building Commissioner, or a designated agent as determined by the Building Commissioner.
(b) Construction and Use to Be as Provided in Applications, Plans, and Permits. Building permits issued on the basis of plans and applications approved by the Building Commissioner authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction. Any use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Zoning Code.
(c) Entry and Inspection of Property. The Building Commissioner is hereby granted the power and authority to enter, at reasonable times, any premises in the City to investigate a reported violation of the provisions of this Code. Prior to entry to any property or structure for such examination or survey, the Building Commissioner shall obtain the permission of the property owner or occupant to inspect. If such permission is denied or cannot be obtained, the Building Commissioner shall secure a valid search warrant prior to entry.
(d) Order for Removal of Violation. The Building Commissioner is empowered 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, including the violation, until such violation is corrected.
(e) Permit Revocation. The Building Commissioner may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this code or based upon false information or misrepresentation in the application.
(f) Penalties and Fines. It shall be unlawful to use, erect, establish, locate, construct, reconstruct, enlarge, change, convert, repair, maintain, or structurally alter any building, structure, or land in violation of any provision of this Zoning Code or any amendments thereto. Any person, firm, or corporation who violates this Code or fails to comply with any of its requirements shall upon conviction thereof be fined not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00), and in addition shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer penalties herein provided.
(Ord. 2022-34. Passed 1-9-23.)