Burton City Zoning Code
TITLE ONE
Zoning Administration
1105.01 TITLE.
These rules, regulations, procedures and maps shall be known and cited as the Burton Zoning Ordinance. (Ord. 914. Passed 11-8-66.)
1105.02 OBJECTIVES.
For the purpose of promoting the public health, safety, morals, comfort and general welfare of the Village and its residents, the provisions of the Zoning Ordinance shall be applied as follows:
(a) To protect the character and values of the residential, business, service, industrial, agricultural, institutional and public uses and to assure their orderly and beneficial development.
(b) To improve the public safety and to lessen congestion by locating buildings and uses in relation to streets so as to cause the least interference with and be damaged least by traffic movements.
(c) To provide for public facilities and utilities such as water supply, a sewer system and transportation systems as well as developments for recreation, schools and other public facilities.
(d) To encourage the most appropriate uses of the land and guide the future development of the Village in accordance with a comprehensive plan.
(Ord. 914. Passed 11-8-66.)
1105.03 INTERPRETATION.
In interpreting and applying the provisions of the Zoning Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended that the Zoning Ordinance interfere with or abrogate or annul any ordinance, rule, regulation or permit previously adopted or issued and not in conflict with any of the provisions of the Zoning Ordinance or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with the Zoning Ordinance. Nor is it intended that the Zoning Ordinance interfere with, abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where the Zoning Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces or larger lot areas than are imposed or required by such other ordinances or agreements, the provisions of the Zoning Ordinance shall control.
(Ord. 914. Passed 11-8-66.)
1109.01 DEFINITIONS.
For the purpose of the Zoning Ordinance, the following terms shall have, throughout this Part Eleven - Planning and Zoning Code, the meanings given herein:
(1) Words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word “shall” is mandatory and not directive; the word “may” is permissive; the word “Village” shall mean the Village of Burton, Ohio; the term “Commission” shall mean the Planning Commission of the Village; the term “Council” shall mean the Council of the Village; and the term “Board” shall mean the Board of Zoning Appeals.
(2) “Accessory use” means either a subordinate use of a building, other structure or lot, or a subordinate building or other structure;
A. Which use is clearly incidental to the use of the principal building, other structure or use of land;
B. Which is customary in connection with the principal building, other structure or use of land; and
C. Which is located on the same lot with the principal building, other structure or use of land.
(3) “Advertising sign” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises.
(4) “Agriculture” means any agricultural use, such as and including farming, dairying, pasturage, animal and poultry husbandry, agriculture, horticulture, floriculture, viticulture and greenhouses and the sale of agricultural products.
(Ord. 1856-95. Passed 10-20-95.)
(4.1) "Animal Care Facility" means an animal hospital, veterinary offices, animal day care facilities and animal training facilities provided, however, outdoor kennels shall not be permitted but supervised outdoor play/exercise areas are permitted.
(Ord. 2391-20. Passed 1-25-21.)
(5) “Apartment” means a room or suite of rooms intended, designed or used as a residence by a single family.
(6) “Apartment building” means a building designed for or containing three or more apartments or suites of rooms for residence.
(7) “Automotive repair” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(8) “Automotive sales” means the sale or rental of new or used vehicles or trailers, not including mobile homes.
(9) ““Billboard” or “signboard” means any sign situated on private premises on which the written or pictorial information is not directly related to the principal use of the land on which such sign is located. (Synonymous with “outdoor advertising signs”) (Ord. 1856-95. Passed 10-20-95.)
(10) "Boarding" or "Lodging House" means a building other than a hotel where, for compensation and by arrangement, lodging or lodging and meals are provided for two or more persons, but not more than eight; and
A. Bed and Breakfast (homestay) means a private owner occupied residence with one to three guest rooms operated consistent with Section 1166.01
B. Bed and Breakfast (Inn) means a building operated primarily as a business with four to twenty rooms even though the owner may reside on the premises. See Hotel {Section 1109.01 (34)}
(Ord. 2306-16. Passed 10-24-16.)
(11) “Building” includes the word “structure” unless otherwise noted, and is a structure, permanently affixed to the land having one or more floors and a roof, being bounded by either open spaces or lot lines, and used as a shelter or enclosure for persons, animals and/or property. A “building” may consist, for example, of a one-family dwelling, a two-family dwelling, a row of garden apartments with individual entrances, or an apartment house, or a single store or a row of stores, depending on location of lot lines; or of a factory. A “building” shall not include such structures as billboards, radio towers, etc., nor structures with interior surfaces not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures. A “building” includes those trailers which are defined as “structures” under this Zoning Code.
(Ord. 2082-04. Passed 4-21-04.)
(12) “Building, front line of” means the line of that face or front of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.
(13) “Building, height of” means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(14) “Building, principal” means the building in which is conducted the main or principal use of the lot on which the building is situated.
(15) “Business services” means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or business.
(16) “Business sign” means a sign which directs attention to the principal business or profession conducted or to the principal products sold upon the premises.
(17) “Cellar” means a story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered for minimum floor area requirements or a story for purposes of height measurement or in determining the permissible number of stories. (Synonymous with “basement”)
(18) “Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a physician or a group of physicians practicing medicine together.
(19) “Club” means a building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
(Ord. 1856-95. Passed 10-20-95.)
(19.1) "Computerized Sweepstakes Device" means a computer, machine, game or apparatus including an individual computer terminal screen which may be operated by the public generally for participation in a sweepstakes and which does not violate the Ohio Revised Code or municipal ordinance prohibitions upon gambling. No electronic or computerized sweepstakes device, game play or outcome shall have as a component thereof, or shall be operated or determined by, a random number generator (RNG) or compensating algorithm. The game play and outcome shall be determined by or from a finite pre-determined pool, with odds of winning stated in the sweepstakes "Official Game rules". (Ord. 2231-11. Passed 12-12- 11.)
(20) “Conditional use” means an uncommon, unique or infrequent use which shall not be permitted by right, but may be permitted in certain districts under specific conditions or prohibited by the Commission after making a determination for conformance with the procedures and standards established in Section 1151.02. All such uses shall require a conditional use permit.
(20.1) “Condominium” means:
A. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office or store. A Condominium may include in addition a separate interest in other portions of such real property.
B. A system of separate ownership of individual units in multi-unit building. A single real property parcel with all the unit owners having a right in common to use the common elements with separate ownership confined to the individual units which are serially designated.
(Ord. 1856-95. Passed 11-20-95.)
(21) “Drive-in commercial uses” means any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.
(22) “Dwelling” means any building or portion thereof which is designed for or used for residential purposes, but shall not include a cabin, hotel, motel, rooming house or other accommodations used for more or less transient occupancy, and shall not include trailers or mobile homes and other structures not designed or constructed for permanent placement onto the ground.
(Ord. 2082-04. Passed 4-21-04.)
(23) “Dwelling, single-family” means a building designed for or occupied exclusively by one family.
(24) “Dwelling, two-family” means a building designed for or occupied exclusively by two families living independently of each other.
(25) “Dwelling, multiple” means a building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, flats and group houses.
(26) “Entertainment facilities” means any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.
(27) “Essential services” means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings other than structures for the purpose of housing the essential services named herein.
(28) “Family” means any one of the following when occupying a dwelling unit and maintaining a common household in which all members of such family have use and access to all parts of a dwelling unit:
A. One person and not more than two lodgers;
B. Two or more persons related by blood, marriage, or adoption and not more than two lodgers; or
C. Not more than four unrelated persons.
A family may also include domestic servants and gratuitous guests.
(29) “Filling stations” or “service station” means any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication, of automobiles and replacement or installation of minor parts and accessories but not including major repair work, such as motor replacement, body and fender repair or spray painting.
(30) “Floor area” of a building means the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings. “Floor area” shall not include:
A. Basement space.
B. Elevator and stair bulkheads.
C. Attic space.
D. Terraces, breezeways and open porches.
E. Uncovered steps.
F. Garages.
(31) “Frontage” means all the property on one side of a street between two intersecting streets, crossing or terminating, measured at the building line or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
(32) “Garage, private” means an accessory building designed or used for the storage of motor-driven vehicles owned and/or used by the occupants of the building to which it is accessory.
(33) “Garage, public” means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.
(34) “Garden” means plant cultivation for the immediate household.
(35) “Highway, major” means a street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
(36) "Home occupation" means an occupation or a profession which:
A. Is customarily carried on in a dwelling unit, or in a building or other structure accessory to a dwelling unit;
B. Is carried on by a member or members of the family residing in the dwelling unit;
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
D. Conforms to the following additional conditions:
1. The occupation or profession shall be carried on wholly within the principal building, or within a building or other structure accessory thereto. No more than twenty-five percent (25%) of the residential structure and all permitted buildings shall be devoted to the home occupation.
2. Not more than one person outside the family shall be employed in the home occupation.
3. There shall be no exterior display, no exterior sign, except as permitted in the district regulations, no exterior indication of the home occupation or variation from the residential character of the principal building.
4. No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
E. In particular, a home occupation includes, but is not limited to, the following: art studio; dressmaking; professional office of a physician, dentist, lawyer, engineer, architect or accountant, within a dwelling unit occupied by the same; teaching with musical instruction limited to two pupils at a time.
F. However, a home occupation shall not be interpreted to include the following: automobile repair/servicing, mechanical repair/servicing, commercial stables and commercial kennels; restaurants.
(Ord. 2391-20. Passed 1-25-21.)
(37) “Hospital” means any building or other structure containing beds for at least four patients and devoted to the diagnosis, treatment or other care of human ailments.
(38) “Hotel” means a building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment which are herein separately defined. (Ord. 914. Passed 11-8-66.)
(38.5) “Hotel/Conference Center” shall mean a building which, in addition to meeting the definition of a “hotel” as set forth in the Zoning Code, shall also contain conference room facilities suitable for small group meetings. A public restaurant may be maintained in such a facility. A hotel/conference center shall contain no more than 20 individual guest rooms for overnight lodging.
(Ord. 1982-00. Passed 3-20-00.)
(39) “Institution” means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.
(40) “Junkyard” means any open space where waste or discarded materials are stored, processed or sold.
(41) “Loading space” means a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of twelve by forty feet and a vertical clearance of at least fourteen feet. (Ord. 914. Passed 11-8-66.)
(42) “Lot” means a piece, parcel, tract or plat of land in one ownership abutting a street which may include one or more lots of record, occupied or intended for occupancy by a use, structure, or group of structures together with accessory buildings, the open spaces and parking spaces required by the Zoning Ordinance. (Ord. 1508- 88. Passed 5-16-88.)
(43) “Lot, corner” means any lot at the junction of and abutting on two or more intersecting streets.
(44) “Lot of record” means any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder or Auditor of the County.
(Ord. 914. Passed 11-8-66.)
(45) “Lot, minimum area of” means the area of a lot computed exclusive of any portion of the right of way of a public thoroughfare, any body of water or other unbuildable area, and any area subject to restrictive easements which would prevent development.
(Ord. 1508-88. Passed 5-16-88.)
(46) “Lot width” means the width of a lot at the building setback line measured at right angles to its depth.
(47) “Manufacturing” means any manufacturing or industrial process, including food processing which by the nature of the materials, equipment and process utilized are not objectionable by reason of odor, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water carried waste. Any manufacturing or industrial process permitted in an “M” District shall comply with the performance requirements of Chapter 1161.
(48) “More restrictive” in reference to a nonconforming use, means the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards, etc. or generally increasing compatibility of a nonconforming use to the requirements of the district in which it is located.
(49) “Motor court” or “motel” means a building or group of buildings used for the temporary residence of motorists or travelers.
(50) “Noncommercial recreational facility” means private and semipublic recreational facilities which are not operated for profit.
(51) “Nonconforming use” includes any use, whether of a building, other structure or a lot, which does not conform to the use regulations of the Zoning Ordinance for the district in which such “nonconforming use” is located, either at the effective date of the Zoning Ordinance or as a result of subsequent amendments which may be incorporated into the Zoning Ordinance.
(52) “Nursing home” means an establishment where persons are housed or lodged and furnished with meals and nursing care for hire.
(Ord. 914. Passed 11-8-66.)
(53) “Office” means a place where a particular kind of business or service is transacted such as the clerical and administrative work of an establishment as would be carried on, for example, in an insurance office or marketing office.
(Ord. 1251-82. Passed 2-15-82.)
(54) “Off-street parking space” means any parking space located wholly off any street, service street or sidewalk, either in an enclosed building or on an open lot and where each parking space has an area of not less than 180 square feet exclusive of access drives or aisles.
(55) “Personal services” means any enterprise, conducted for gain, which primarily offers services to the general public such as shoe repair, valet service, watch repairing, barber shops, beauty parlors and related activities.
(56) “Plant cultivation” means the cultivation of crops, horticulture, floriculture, viticulture including fruit trees, nursery stock, truck garden products and similar plant materials.
(57) “Professional activities” means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers.
(58) “Public uses” means public parks, schools and administrative, cultural and service buildings, not including public land or buildings, devoted solely to the storage and maintenance of equipment and material.
(59) “Public service facilities” means any buildings or structures relating to essential services and operating under authority granted by a governmental body.
(60) “Recreational facilities” means country clubs, riding stables, golf courses and other private noncommercial recreation areas and facilities or recreation centers including private community swimming pools.
(Ord. 914. Passed 11-8-66.)
(61) “Residential floor area” means the interior floor area of a dwelling including halls and closets, but not including basements, porches, garages, breezeways, carports or stairways. (Ord. 1124-77. Passed 8-18-77.)
(62) “Retail business” means any business normally found in a highway or central business district.
(63) “Semipublic uses” means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
(64) “Sewage disposal system, combined” means an approved system which provides for the combined collection and disposal of residential, commercial and/or industrial sewage.
(65) “Sewage disposal system, individual” means an on-lot system which provides for the individual collection and disposal of sewage.
(66) “Similar use” means a use not specifically listed in any of the permitted buildings or use classifications of any district, but which may be found analogous and added to a classification.
(67) “Sign” means any structure or part thereof, or any device attached to a structure or painted or represented on a structure on which lettered, figured or pictorial matter is displayed or used for the purpose of bringing the subject thereof to the attention of the public. A “sign” does not include any flag, badge or insignia of any government or governmental agency or of any charitable, religious, educational or similar organization.
(68) “Social activities” means any building and land used for private or semi-private club activities, including lodges and fraternities.
(69) “Solicitor” means the solicitor of the Municipality.
(70) “Specialized animal raising and care” means the use of land and building for the raising and care of fur-bearing animals such as rabbits and domestic pets; the stabling and care of horses; animal kennels; pigeon raising and the raising of any other domestic animals or birds of a similar nature.
(71) “Story” means that portion of a building, other than a cellar or basement included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
(72) “Street line, right-of-way line” means a dividing line between a lot, tract or parcel of land and a contiguous street.
(73) “Structure” means that which is constructed or located more or less permanently on the ground or attached to something having a permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and for goals, and trailers (other than a trailer being used pursuant to Section 1165.01 of this Zoning Code as a temporary residence, utility, construction, or vacation trailer).
(Ord. 2082-04. Passed 4-21-04.)
(74) “Structural alterations” means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders. (Ord. 914. Passed 11-8-66.)
(74.1) "Sweepstakes Terminal Café" and "Computerized Internet Sweepstakes Café" means the premises or the portion of the premises upon which computerized sweepstake devices are located for the use or entertainment of the public, whether or not such premises are operating under a zoning certificate for another use or business purpose.
(Ord. 2231-11. Passed 12-12-11.)
(75) “Tavern” means a building where alcoholic beverages and food are sold to be consumed on the premises. (Synonymous with “café” and “inn”)
(76) “Tourist home” means a building other than a hotel or motel where lodging is provided and offered to the public for compensation for not more than eight individuals and open to transient guests.
(77) “Trailer” means a vehicle or structure, transportable in one or more sections, which is built on a chassis or is designed to be built on a chassis, and designed to be used as a dwelling, office, classroom, utility, construction, or storage facility with or without a permanent foundation. For purposes of the Code, “trailer” shall include mobile homes and manufactured homes as defined in Ohio R.C. Section 4501. “Trailer” includes structures or vehicles standing on wheels or on rigid supports, or other means designed to affix the vehicle to the ground in a permanent or semi-permanent manner.
(Ord. 2082-04. Passed 4-21-04.)
(78) "Yard" means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot lines and the main building shall be used.
(79) "Yard, front" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place right- of-way line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
(80) "Yard, rear" means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than the projection of uncovered steps, unenclosed balconies or unenclosed porches.
(81) "Yard, side" means a yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot and the side of the main building or any projections thereto.
(82) "Zoning certificate" means the document issued by the Zoning Inspector authorizing the use of land or buildings.
(83) "Zoning District Map" means the zoning district map or maps of the Municipality together with all amendments subsequently adopted.
(84) "Zoning Inspector" means the Zoning Inspector or his authorized representative appointed by the Mayor subject to the approval of Council of the Municipality. (Ord. 914. Passed 11-8-66.)
(85) "Condominium and condominium ownership" means the same as the definition contained in Ohio R.C. 5311.01 and as amended hereinafter.
(Ord. 1214-80. Passed 12-29-80.)
1113.01 POWERS AND DUTIES OF THE ZONING INSPECTOR.
(a) The Zoning Inspector, who shall be appointed by the Mayor, subject to the approval of Council, shall enforce the Zoning Ordinance. All officials and employees of the Municipality shall assist the Zoning Inspector by reporting to him new construction, reconstruction or land uses or upon seeming violations.
(b) Appeal from the decision of the Zoning Inspector may be made to the Board of Zoning Appeals, as provided in Chapter 1117.
(Ord. 914. Passed 11-8-66.)
1113.02 ZONING CERTIFICATE.
(a) No owner shall use or permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate has been issued by the Zoning Inspector. The Zoning Inspector shall issue a certificate, provided he is satisfied that the structure, building or premises and the proposed use thereof conform with all the requirements of the Zoning Ordinance. No permit for excavation or construction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of the Zoning Ordinance.
(b) Under written request from the owner or tenant, the Zoning Inspector shall issue a zoning certificate for any building or premises existing at the time of enactment of the Zoning Ordinance, certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of the Zoning Ordinance.
(c) No zoning certificate shall be issued by the Zoning Inspector until the Village Clerk has provided the Zoning Inspector with written certification that all requisite water and sewer tap in fees have been fully paid by or on behalf of the property owner.
(Ord. 1948-98. Passed 11-16-98.)
(d) No zoning certificate shall be issued by the Zoning Inspector until applicant provides such inspector with proof of applicant’s compliance with Chapter 1347, “Erosion and Sediment Control” of the Codified Ordinances, including proof of any necessary approvals, deposits and/or bonds unless applicant demonstrates such chapter is inapplicable to applicant’s proposed zoning use. (Ord. 1958-99. Passed 2-15-99.)
1113.03 CONDITIONS UNDER WHICH CERTIFICATES ARE REQUIRED.
A zoning certificate shall be required for any of the following:
(a) Construction or alteration of any building, including accessory buildings.
(b) Change in use of an existing building or accessory building to a use of a different classification.
(c) Occupancy and use of vacant land.
(d) Change in the use of land to a use of a different classification.
(e) Any change in the use of a nonconforming use. (Ord. 914. Passed 11-8-66.)
(f) Erection, alteration or relocation of any sign or other advertising structure.
(Ord. 1631-90. Passed 10-15-90.)
(g) Construction of any fence.
(Ord. 1630-90. Passed 10-15-90.)
1113.04 APPLICATION AND ISSUANCE OF ZONING CERTIFICATES.
(a) Written application for a zoning certificate for the construction of a new building or for the alteration of an existing building shall be made at the same time as the application for a building permit. Such application shall include accurate information with respect to:
(1) The size and location of the lot.
(2) Intended use.
(3) The size and location of the building and structures proposed or existing on the lot.
(4) The location and dimensions of all proposed construction or alteration.
(5) Any change in use of a building or land.
(6) The dimensions of all yards and open spaces.
(7) Any other information the Inspector deems necessary for the proper enforcement of the Zoning Ordinance.
(8) Each application for a Zoning Certificate shall state that the proposed use of a building or land complies with all the provisions of the Zoning Ordinance.
(9) Upon receipt of an application for a zoning certificate, the Zoning Inspector shall approve or reject the application and his decision shall be based solely on the contents of the Zoning Ordinance.
(10) If an application is denied the Zoning Inspector shall notify the applicant in writing setting forth the reasons for such denial.
(Ord. 914. Passed 11-8-66.)
(b) Written application for a zoning certificate for the use of vacant land or for a change in the use of land or of a building or for a change in a nonconforming use, as herein provided, shall be made to the Zoning Inspector; if the proposed use is in conformity with the provisions of the Zoning Ordinance, the certificate there for shall be issued within fifteen days after the application for same has been made. Every zoning certificate applied for and approved or disapproved shall be displayed in the official Village posting places as described in Section 123.01 of the Burton Village Codified Ordinances. (Ord. 2210-10. Passed 1-10-11.)
(c) Any certificate issued herein shall become void if substantial construction or use of the property in accordance with the rights permitted by the zoning certificate has not occurred within one year after issuance.
(Ord. 1251-82. Passed 2-15-82.)
1113.05 FEES FOR ZONING CERTIFICATES.
(a) A fee, in accordance with the following schedule of amounts, shall accompany each application for a zoning certificate and shall be deposited to the credit of the General Fund of the Municipality:
Single-family new dwelling | $200.00 plus $0.10 per sq/ft |
Single-family addition | $100.00 |
Accessory building | $100.00 |
Storage buildings (100 sq/ft or less) | $50.00 |
Two-family new dwelling | $200.00 plus $0.10 per sq/ft |
Two-family addition | $150.00 |
Multi-family, each unit with no maximum | $200.00 plus $0.10 per sq/ft |
Commercial or retail business | $300.00 plus $0.25 per sq/ft |
Industrial M-1 | $300.00 plus $0.25 per sq/ft |
Industrial M-2 | $500.00 plus $0.25 per sq/ft |
Industrial M-3 | $500.00 plus $0.25 per sq/ft |
Sign, residential | $50.00 |
Sign, business or industrial | $100.00 |
Fences | $50.00 |
Towers | $100.00 |
Land use certificates | $100.00 |
Lot splits | $150.00 plus deposit of $1,000 |
Home occupation use | $100.00 |
Conditional use requiring BZA approval | $65.00 |
Other structures or improvements not listed | $125.00 |
(b) Every zoning certificate shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all zoning certificates shall be kept on file in the office of the Zoning Inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected. (Ord. 2441-23. Passed 2-13-23.)
1113.06 ZONING CERTIFICATE FOR NONCONFORMING USES.
A zoning certificate shall be required for all lawful nonconforming uses of land or buildings created by adoption of the Zoning Ordinance. It shall be the duty of the Zoning Inspector to notify and issue a certificate for a lawful nonconforming use to the owner or tenant. Refusal of the Zoning Inspector to issue a certificate for such nonconforming use shall be evidence that the nonconforming use was either illegal or did not lawfully exist at the effective date of the Zoning Ordinance. A zoning certificate for a nonconforming use shall not be transferred to another owner or lessee.
(Ord. 914. Passed 11-8-66.)
1113.07 REMEDIES FOR VIOLATIONS.
In case any building is, or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of the Zoning Ordinance or any amendment or supplement thereto, the Zoning Inspector, the legal representative of the Municipality or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 914. Passed 11-8-66.)
1113.08 REVOCATION OF ZONING PERMIT.
(a) In the event the Zoning Inspector determines within one year of issuance that a zoning permit or certificate was erroneously issued based upon either misrepresentation by the applicant (whether willful or unintentional), mistake of fact, or mistake of law, then the Zoning Inspector may seek revocation of such zoning permit.
(b) Such revocation shall be accomplished by notice in writing to the owner stating the following:
(1) The error alleged to have occurred in the issuance of the permit.
(2) The zoning violation which arises from such error.
(3) The remedies, if any, the owner must follow in order to eliminate the violation.
(4) Recitation of the owner’s right to appeal as set forth herein.
(c) Such notice shall be either hand-delivered to the owner or sent to him at his last known address by certified mail, return receipt requested.
(d) If, within thirty days of receipt of the notice, the owner makes a written request to the Zoning Board of Appeals for an appeal of the Zoning Inspector's decision, such owner shall be entitled to a public hearing before the Zoning Board of Appeals which shall thereafter determine, by majority vote, whether or not the owner's zoning certificate should be revoked. Notice of the public hearing shall be issued in the same manner as notice for a variance request under this Planning and Zoning Code.
(e) In making its decision, the Zoning Board may permit the nonconforming use to continue only upon the owner complying with certain conditions.
(f) Factors which shall be considered by the Zoning Board in reaching its decision include:
(1) The extent to which the owner has acted in reliance upon the previously issued permit.
(2) The extent to which the owner or Village officers are at fault in the issuance of the permit.
(3) The impact the nonconforming use may have upon surrounding properties if permitted to continue.
(4) The cost and burden on the owner of any corrective measures.
(5) The impact the continuation of the nonconforming use would have upon public health, safety, and welfare and upon the spirit and intent of the Zoning Code.
(g) In the event the owner fails to request a hearing before the Zoning Board of Appeals within the time limit permitted in this section, then the Zoning Inspector may issue an order revoking such zoning certificate which shall be enforceable in accordance with the provisions of this Zoning Code.
(Ord. 1696-91. Passed 11-25-91.)
1113.99 PENALTY.
No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any regulation in or any provisions of the Zoning Ordinance or any amendment or supplement thereto adopted by Council. Any person, firm or corporation violating any regulation in or any provision of the Zoning Ordinance or any amendment or supplement thereto shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00) per offense. Each and everyday, after notification, during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense. If construction has begun before the issuance of a permit, the fee is double. (Ord. 2178-09. Passed 2-23-09.)
1117.01 MEMBERSHIP; ORGANIZATION AND PROCEDURES.
(a) Appointment. There is hereby established a Board of Zoning Appeals which shall consist of five electors appointed by the Mayor, subject to confirmation by Council. Vacancies shall be filled by the same procedure. The five electors first appointed shall serve for terms of one, two, three, four and five years respectively; thereafter appointments shall be for five year terms, beginning January 1. Each member shall serve until his successor is appointed and qualified. Members of the Board shall be removable for nonperformance of duty, misconduct in office or other cause, by Council, upon written charges having been filed with the Clerk of Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
(b) Organization and Procedure. The Board shall organize annually to elect a Chairman, a Vice-Chairman and Secretary. It shall further adopt rules for its own government not inconsistent with law or with any other ordinances of the Municipality to hear appeals on any variance or hardship created by the provisions of the Zoning Ordinance.
(1) Meetings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or in his absence, the Vice-Chairman may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absence or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Clerk and shall be a public record.
(2) Quorum. Three members of the Board shall constitute a quorum. The Board shall act by resolution and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector or to decide in favor of an applicant any matter of which the Board has original jurisdiction under the Zoning Ordinance or to grant any variance from the requirements stipulated in the Zoning Ordinance.
(3) Department assistance. The Board may call upon the various departments of the Municipality for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(Ord. 914. Passed 11-8-66.)
1117.02 APPLICATIONS AND APPEALS.
(a) Applications. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of the Zoning Ordinance, may be taken by any person aggrieved including a tenant or a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector, who shall transmit the same to the Board. The fee for any action presented to the Board of Zoning Appeals for determination shall be sixty- five dollars ($65.00), all of which shall be paid to the General Fund of the Village. An additional advance deposit of five hundred dollars ($500.00) is required for expenses related to the appeal or application, including any fees associated with the review of the appeal or application by the Solicitor, Engineer or other professional retained by the Village. Any portion of a deposit not expended for advertising, administrative costs or fees for the Solicitor, Engineer or other professional retained by the Village, shall be refunded to the applicant within thirty days of the final order of the Board. The fee shall be paid to the Zoning Inspector at the time an application or appeal is filed, in which event, the Zoning Inspector shall forthwith pay over to the Clerk- Treasurer, to the credit of the General Revenue Fund, all of such fee. In the event the Village determines funds in excess of the five hundred dollar deposit are necessary for the proper review of the appeal or application, the Clerk-Treasurer shall notify the Applicant in writing that the Applicant must deposit such additional funds with the Village. If such funds are not deposited within seven working days thereafter, the appeal will be stayed and not heard until such funds are deposited by the Applicant with the Village. No grant of a variance or a conditional use permit or any other grant of relief by the Board of Zoning Appeals is effective until all actual costs of the appeal are reimbursed by the Applicant to the Village. The application presented to the Board shall also be accompanied by a list of the last known names and addresses of the owners of all property within and contiguous to and directly across the street from any parcel or parcels which is the subject of review by the Board, as shown upon the tax maps for Geauga County.
(Ord. 1998-00. Passed 10-16-00.)
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by any officer of the Municipality affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Inspector shall certify to the Board after the notice of appeal has been filed with it that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of equity after notice to the officer from whom the appeal is taken and on due cause shown.
(3) The Board may, in conformity with the provisions of the Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Zoning Inspector from whom the appeal is taken.
(Ord. 914. Passed 11-8-66.)
1117.03 HEARINGS.
(a) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal, shall give public notice in a newspaper of general circulation in the Municipality at least ten days prior to the hearing and written notice of the hearing and the stated purpose of the hearing shall be mailed by first class mail to the owners of property within and contiguous to and directly across the street from such parcel or parcels which will be the subject of the hearing as prescribed in Section 1117.02 at least ten days prior to the hearing. At this hearing any party may appear in person or by attorney.
(Ord. 1251-82. Passed 2-15-82.)
(b) The hearings of the Board shall be public. The Board may go into executive session for discussion as permitted pursuant to the Ohio Revised Code and the Village ordinances. (Ord. 1627-90. Passed 10-15-90.)
(c) Upon the day for hearing any application or appeal the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in the application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing unless the Board so decides.
(Ord. 914. Passed 11-8-66.)
1117.04 DECISIONS OF THE BOARD.
(a) The Board of Zoning Appeals shall decide all applications and appeals within thirty days after the final hearing thereon.
(b) A certified copy of the Board's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.
(c) A decision of the Board shall not become final until the expiration of ten days from the date such decision is made unless the Board finds the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record. (Ord. 914. Passed 11-8-66.)
1117.05 APPEALS TO COMMON PLEAS COURT.
Any person, firm or corporation, or any officer, department, board or agency of the Municipality, or any interested elector of the Municipality who has been aggrieved or affected by any decision of the Board of Zoning Appeals may appeal from such decision to the Geauga County Common Pleas Court by filing notice of intent to appeal within ten days and filing a petition with the Clerk of Court within twenty days from the date of the decision and setting forth the facts of the case.
(Ord. 914. Passed 11-8-66.)
1117.06 POWERS OF THE BOARD.
(a) Exceptions and Interpretations. The Board of Zoning Appeals shall have the power to hear and decide, in accordance with the provisions of the Zoning Ordinance, applications filed as hereinbefore provided for special exceptions or for interpretation of the District Map, or for decisions upon other special questions on which the Board is authorized by the Zoning Ordinance to pass. In considering an application for a special exception or interpretation of the District Map the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a special exception the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in the Zoning Ordinance for the particular special exception or as the Board may deem necessary for the protection of adjacent properties and the public interest.
(b) Administrative Review and Variances.
(1) The Board shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Inspector or other official in the interpretation of the provisions of the Zoning Ordinance.
(Ord. 914. Passed 11-8-66.)
(2) A. The Board shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of the Zoning Code as will not be contrary to the public interest. Where the appellant seeks a variance pertaining to the use of property, no variance may be granted unless, owing to special conditions pertaining to the property at issue, the literal enforcement of the provisions or requirements of the Zoning Ordinance would cause undue and unnecessary hardship.
B. Where the appellant seeks a variance pertaining to an area requirement otherwise applicable to the property, no variance may be granted unless the appellant has demonstrated the literal enforcement of the provisions or requirements of the Zoning Ordinance pertaining to area requirements would cause the appellant practical difficulties.
The factors to be considered and weighed in determining whether an appellant seeking an area variance has encountered practical difficulties in the proposed use of his property include, but are not limited to:
1. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
2. Whether the variance is substantial;
3. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
4. Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
5. Whether the appellant purchased the property with knowledge of the zoning restrictions;
6. Whether the appellant's predicament feasibly can be obviated through some method other than a variance;
7. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(3) Where the Board has determined that literal enforcement of the requirements of the Zoning Ordinance would involve practical difficulties or would cause undue hardship, unnecessary to carry out the spirit and purpose of the Zoning Ordinance, the Board shall have power to authorize a variance from such strict application so as to relieve such hardship or difficulties so that the spirit and purpose of the Zoning Ordinance shall be observed and substantial justice done. In authorizing a variance the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it deems necessary in the interest of the furtherance of the purpose of the Zoning Ordinance and in the public interest. In authorizing a variance with attached condition, the Board shall require such evidence and guaranty or bond as it may deem to be necessary to ensure that the conditions attached are being and will be complied with.
(4) No such variance in the provisions or requirements of the Zoning Ordinance shall be authorized by the Board unless the Board finds that the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of the Zoning Ordinance or the public interest.
(Ord. 1632-90. Passed 10-15-90.)
(5) No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property or the intended use of the property for which variance is sought, one or the other in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
(6) In exercising its power the Board may, in conformity with the provisions of State statutes and the Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the office from whom the appeal is taken.
(c) Performance Requirements Procedure. The Board shall have the power to authorize, upon application in specific cases filed as hereinafter provided, issuance of a zoning certificate for uses that are subject to performance requirements procedure under Chapter 1161 ss provided in the following:
(1) Application. An application for a zoning certificate for a use subject to performance requirements shall be submitted in duplicate on a form prescribed by the Board. The applicant shall also submit in duplicate a plan of the proposed construction or development, including a description of the proposed machinery, processes and products and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements as set forth in Chapter 1161 in accordance with rules prescribed by the Board specifying the type of information required in such plans and specifications. The fee for such application shall include the cost of the special reports that may be required to process it, as set forth in subsection (c)(2) hereof.
(2) Report by expert consultants. If in its opinion the proposed use may cause the emission of dangerous or objectionable elements the Board may refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in Chapter 1161 for investigation and report. Such consultant or consultants shall report as promptly as possible after his or their receipt of such application. A copy of such report shall be promptly furnished to the applicant.
(3) Review by Board. Within thirty days after the Board has received the aforesaid application or the aforesaid report, if a report was required, or within such further period as agreed to by the applicant, the Board shall decide whether the proposed use will conform to the applicable performance standards, and on such basis shall authorize or refuse to authorize issuance of a zoning certificate or require a modification of the proposed plan of construction or specifications, proposed equipment or operation. Any zoning certificate so authorized and issued shall be conditioned upon, among other things:
A. The applicant's completed buildings and installations conforming in operation to the applicable performance standards; and
B. The applicant paying the fees for services of the expert consultant or consultants deemed reasonable and necessary by the Board to advise the Board as to whether or not the applicant's completed buildings and installation in operation will meet the applicable performance standards.
(4) Continued enforcement. The Zoning Inspector shall investigate any purported violation of performance standards, and if there is reasonable ground for the same, shall notify the Board of the occurrence or existence of a probable violation thereof. The Board shall investigate the alleged violation and for such investigation shall employ qualified experts. If, after public hearing on due notice, the Board finds that a violation occurred or exists, a copy of the findings shall be forwarded to Council. The services of any qualified experts, employed by the Board to advise in establishing a violation, shall be paid by the violator if the violation is established, otherwise, by the Municipality.
(Ord. 914. Passed 11-8-66.)
1117.07 TIME PERIOD FOR COMMENCEMENT WHEN VARIANCE GRANTED.
Whenever a variance is granted under the provisions of this Chapter 1117, such variance shall be null and void if the construction, alteration, erection, use or other purpose for which such variance was granted is not commenced within one year from the date of the Board of Zoning Appeals meeting at which such variance was granted.
(Ord. 1629-90. Passed 10-15-90.)
1121.01 PURPOSE.
Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may by ordinance, after receipt of recommendation thereon from the Planning Commission and subject to the procedure provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by the Zoning Ordinance or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to Council.
(Ord. 914. Passed 11-8-66.)
1121.02 INITIATION OF AMENDMENTS.
A proposed amendment of the zoning text or map may be initiated by the Planning Commission or Council. If initiated by Council, it shall be referred to the Commission. It may be initiated at the request of the owner of the property involved or any other person having an interest in the premises affected, in which event the proposed change shall be in the form of a petition and accompanied by a plan drawn to scale. The person or persons requesting the change shall furnish to the Commission the last known name and address of the owners of all property within 200 feet of the area proposed to be changed, as shown upon the records of Geauga County. Where all property within 200 feet is under the same ownership as the property proposed to be changed, the names and addresses of owners of all property adjoining that included in the proposed change shall be furnished to the Commission.
(Ord. 914. Passed 11-8-66.)
1121.03 ACTION OF THE PLANNING COMMISSION.
(a) The Planning Commission shall be allowed not less than forty-five days after the first regular meeting after the receipt of the proposed amendment to consider the proposal. A public hearing may be held at the discretion of the Commission or at the request of the owner of the property involved or any other person having an interest in the property for any proposed amendment to the zoning text or map. If a public hearing is to be held, notice of the time, place and purpose of such hearing shall be given by:
(1) Publication at least twice in a newspaper of general circulation in the Municipality; the first publication shall be not less than ten days prior to the date of the hearing; and
(2) Where the proposed amendment is to effect a change in the District Map, written notice of the hearing shall be mailed by the secretary of the Commission, by first-class mail, at least five days prior to the date of such hearing, to the owners of all property within 200 feet of adjoining property as prescribed in Section 1121.02. The failure of delivery of such notice shall not invalidate the proceedings or findings of the Commission.
(b) The Commission shall be allowed not less than ten nor more than forty-five days, unless extended by Council, after the hearing for submitting their recommendations on an amendment to the zoning text or map to Council.
(Ord. 914. Passed 11-8-66.)
1121.04 ACTION BY COUNCIL.
(a) After receiving recommendations or a proposed amendment from the Planning Commission or after the forty-five day no-decision period by the Commission, Council shall advertise and hold a public hearing thereon. For all proposed text or map amendments at least one notice of the public hearing shall be given in a newspaper of general circulation in the Municipality at least thirty days prior to the date of the hearing.
(Ord. 914. Passed 11-8-66.)
(b) Where a proposed amendment intends to rezone or redistrict ten or less parcels of land as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk- Treasurer, by first class mail, at least twenty days before the date of the public hearing to the owners of property within and contiguous and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's tax list of the Treasurer's mailing list and to such other list or lists that may be specified by Council from time to time. The failure of delivery of such notice shall not invalidate any such amendment.
(Ord. 1251-82. Passed 2-15-82.)
(c) The published and mailed notification shall set forth the time and place of the public hearing and a summary of the proposed amendment. During the thirty days' advertising period the text or copy of the text of such ordinance or amendment and the maps, plans and reports submitted by the Commission shall be on file for public examination in the office of the Clerk-Treasurer.
(d) After the public hearing Council may adopt the proposal as recommended by the Commission by majority vote of its entire membership. If Council modifies the proposal, it shall resubmit the proposed modification to the Commission for further consideration and approval. Council may adopt the modified proposal without the approval of the Commission by a three- fourths vote of the full membership of Council. The Clerk-Treasurer shall submit a copy of any action in regard to the Zoning Ordinance to the Commission. (Ord. 914. Passed 11-8-66.)
1121.05 DEPOSIT; REFUNDS.
(a) At the time that an application for an amendment to the Zoning Ordinance is filed with the Planning Commission by the owner of property involved or any other person having an interest in the premises affected, as provided in Section 1121.02, there shall be deposited with the Clerk-Treasurer the sum of one thousand dollars ($1,000) for the cost of review by the Commission, for the cost of expert consultation, engineering review by the Engineer, legal expenses for the review of all proposed ordinances, plans, attendance at public meetings, for the cost of all legal notices and other administrative expenses incidental to the determination of such application for a change in the zoning amendment. At any time that the actual cost incurred in reviewing such application for a change in zoning prior to action by the Commission is two hundred fifty dollars ($250.00) less than the amount on deposit, the Commission or Council, after action taken by the Commission, may require the applicant to submit an additional cash bond of five hundred dollars ($500.00).
(b) In the event that the actual cost incurred for review is less than the amount on deposit, the unused portion of the cash bond shall be refunded after final action by Council or by final action of the Commission if it disapproves the application and the petitioner elects not to have the application certified to Council.
(c) In the event the actual cost is greater than the cash bond on deposit the petitioner shall be billed for such additional costs and such additional costs shall be paid before final action is taken by the Commission and/or Council.
(Ord. 1251-82. Passed 2-15-82.)