Chagrin Falls City Zoning Code
TITLE ONE
Zoning Administration
1105.01 TITLE.
These rules, regulations, procedures and Map shall be known, cited and referred to as the Chagrin Falls Planning and Zoning Code. Being Titles One to Five of Part Eleven - The Planning and Zoning Code of the Codified Ordinances of Chagrin Falls, Ohio, the digit 11 standing for Part Eleven - The Planning and Zoning Code of the Codified Ordinances of Chagrin Falls shall be understood to precede all section numbers of this Code.
(Ord. 2019-39. Passed 8-13-19.)
1105.02 FINDINGS OF FACT.
(a) This Planning and Zoning Code is adopted to promote and protect the public health, safety, convenience, comfort, prosperity and/or general welfare by Regulating the use of buildings, other structures and land for institutional, residential, business, industrial or other uses;
(b) Regulating the area and dimensions of lots, yards and other open spaces;
(c) Regulating and restricting the location, bulk, height, design and land coverage of buildings and structures; by regulating and limiting the density of population;
(d) Establishing districts of such classification, number and dimensions as may be considered best to implement comprehensive planning; and
(e) Providing regulations and procedures for the administration, interpretation, amendment and enforcement thereof.
(Ord. 2019-39. Passed 8-13-19.)
1105.03 OBJECTIVES.
It is intended that the provisions of this Planning and Zoning Code shall be applied to achieve the following objectives:
(a) To protect the character and values of the parks, institutional, residential, business, industrial and public uses and to assure their orderly and beneficial development;
(b) To provide adequate open spaces for light and air; to prevent overcrowding of the land; to prevent excessive concentration of population, and conversely to prevent sparse and uncoordinated development;
(c) 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;
(d) To minimize conflicts between different land uses by requiring adequate landscaping, yards, and buffers in appropriate locations;
(e) To provide for public facilities and utilities such as a water supply, a sewer system and transportation systems as well as land for recreation, schools and other public facilities; and
(f) To encourage the most appropriate uses of the land and guide the future development of the Municipality in accordance with a comprehensive plan;
(g) To preserve historic character and encourage historic preservation of historically significant buildings and structures.
(Ord. 2019-39. Passed 8-13-19.)
1105.04 APPLICATION; JURISDICTION.
(a) Buildings and land shall be used; and the use of buildings and land shall be changed or extended; and buildings shall be designed and erected; and existing buildings or uses shall be altered, converted, enlarged, reconstructed or moved only in conformance with this Planning and Zoning Code.
(b) The provisions of this Planning and Zoning Code shall be considered as minimum requirements and shall be literally construed to further its underlying purposes and objectives. They shall apply uniformly to each class or kind of building, structure or land. Where the provisions of this Planning and Zoning Code impose greater restrictions upon buildings, structures, uses or land than imposed or required by other codes, laws, ordinances, rules, regulations or restrictive covenants running with the land, this Planning and Zoning Code shall govern; and conversely, other regulations shall govern where they are more restrictive than this Planning and Zoning Code.
(c) The classification of districts set forth in Chapter 1119 shall not be construed as an enumeration of most restrictive to least restrictive districts. Neither shall it be construed that a use permitted in a certain district shall be permitted in a district which is enumerated subsequently, unless such use is specifically listed as permitted in such subsequent district.
(d) This Planning and Zoning Code shall not be construed as removing or rendering inoperative any deed or land restriction established by restrictive covenants running with the land, easements or other agreements between parties.
(e) The regulations set forth herein shall be applicable to all buildings, structures, uses and land of any political subdivision, district, taxing unit or bond issuing authority of the State, including the State, located within the corporate limits of the Municipality.
(Ord. 2019-39. Passed 8-13-19.)
1105.05 COMPLIANCE WITH THIS PLANNING AND ZONING CODE.
No public officials of the Municipality shall issue permits or certificates for any structure or use that would result in conflict with provisions of this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1105.06 RELATION TO OTHER REGULATIONS.
In interpreting and applying the provisions of this Planning and Zoning Code, they shall be held to be minimum requirements adopted for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.
(a) Except as specifically herein provided, the provisions of this Planning and Zoning Code shall not annul existing deed or plat restrictions, codes, laws, rules, regulations or permits previously adopted or issued.
(b) Where this Planning and Zoning Code is more restrictive as to the use of structures, buildings or land, and/or limits the height or bulk of buildings, or requires larger areas and yards than are required by other deed or plat restrictions, codes, laws, ordinances, rules or regulations, this Planning and Zoning Code shall govern; and conversely, other regulations shall govern where they are more restrictive in nature than this Planning and Zoning Code.
(c) This Planning and Zoning Code shall not be construed as removing or rendering inoperative any deed or land restriction formerly established by restrictive covenants running with the land, easements or other agreements between parties.
(d) Unless specifically provided otherwise in this Planning and Zoning Code, if the requirements of an Overlay District conflict with the requirements of the underlying district or any other provision of Municipality regulations, the requirements of the Overlay District shall govern.
(e) Sale of Firearms.
(1) As used in this section "firearm" shall have the same meaning as in section 2923.11 of the Ohio Revised Code.
(2) The commercial storage, sale or manufacture of firearms, firearm components, or ammunition for firearms is permitted by an owner or authorized tenant in any nonresidential zoning district in accordance with Section 9.68 of the Ohio Revised Code while such Ohio Revised Code Section remains in effect.
(Ord. 2019-39. Passed 8-13-19.)
1105.07 SEPARABILITY.
If any provision, or the application of any provision, of this Planning and Zoning Code or amendments thereto is declared to be invalid by a judicial decision of a court of competent jurisdiction, the effect of such determination shall be limited to that provision or provisions expressly stated to be invalid, and such determination shall not affect, impair or nullify this Planning and Zoning Code as amended as a whole or any other part thereof.
(Ord. 2019-39. Passed 8-13-19.)
1105.08 CONDITIONS IMPOSED UPON ISSUING APPROVALS AND PERMITS.
Whenever the Council, any board, commission, Village Engineer, Chief Administrative Officer, Administrator, or Building Inspector (collectively "Approving Authority") has been delegated the power to approve plans, issue permits, for improvements, development, construction, reconstruction, or renovation of land, buildings and structures as provided for in the Planning and Zoning Code, such Approving Authority may impose conditions, so long as such conditions are in compliance with any applicable statutes, ordinances and standards, on any such approval with such conditions the Approving Authority believes are necessary to impose in order that the public health, safety, convenience, comfort and general welfare of the residents and the Village may be safeguarded and substantial justice done.
(Ord. 2022-19. Passed 6-13-22.)
1107.01 INTENT.
The following terms shall have, throughout this Planning and Zoning Code, the meaning given herein:
(a) The word "shall" is to be interpreted as mandatory and not directory; the word "may" is permissive; the word "should" indicates that a certain standard is recommended and may be required if deemed appropriate and feasible by the responsible Commission, Board, etc.;
(b) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for";
(c) All words used in the singular include the plural, and words used in the present tense include the future tense, unless the context clearly indicates the contrary;
(d) The term "such as" shall be construed as introducing a typical or illustrative enumeration of uses. A colon used to introduce an enumeration shall be construed as being the complete enumeration of uses and not illustrative;
(e) "Municipality" means the Municipality of Chagrin Falls; "Commission" means the Planning and Zoning Commission of Chagrin Falls; "Board of Zoning Appeals" means the Board of Zoning Appeals of Chagrin Falls; Architectural Board of Review means the Architectural Board of Review of Chagrin Falls; and
(f) "Legislative body" means the Council of Chagrin Falls.
(Ord. 2019-39. Passed 8-13-19.)
1107.02 ADMINISTRATOR.
"Administrator" means the Building Inspector of the Municipality.
(Ord. 2019-39. Passed 8-13-19.)
1107.03 AREAS.
(a) "Area of buildings" means the area at the ground level of the main building and all accessory buildings, measured from the outside surface of the exterior walls.
(b) "Area of lot" means the total horizontal area within the boundary lines of a zoning lot, however, wetlands, flood hazard areas and easements for drainage ways shall not be counted in the determination of the total area of a lot.
(c) "Coverage" means the area of a lot covered by the area of a building or buildings. (See subsection (a) hereof.)
(d) "Dwelling unit area" means the sum of the gross floor areas above the basement level, including those rooms and closets having a minimum ceiling height of seven feet and having the natural light and ventilation as required by the Building Code. Rooms above the first floor may be included which are directly connected by permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of four feet if two thirds of the room area has a minimum ceiling height of seven feet. The area shall be measured from the interior face of the exterior walls at the first floor line and the interior face of the walls of those rooms which may be included under a roof for a one-family dwelling, and measured from the interior face of exterior walls and centerline of party walls, where applicable, for two-family or multi-family dwellings. The following areas shall be excluded: garages and unenclosed porches for all dwellings; utility and general storage rooms in basementless dwellings; and public halls, utility and storage rooms in dwellings other than one family and two family dwellings.
(e) "Development area" means a tract of land that may consist of a single parcel of land or a combination of contiguous parcels of land under one common ownership.
(Ord. 2019-39. Passed 8-13-19.)
1107.04 AUTOMOTIVE: GARAGES, SERVICE STATIONS.
(a) "Automotive service station" means a building and land, including pumps, tanks and equipment, for retail sale of gasoline, lubricants, batteries, tires and other automobile accessories, and limited to performing minor services, installations and repairs.
(b) "Garage" means:
(1) A completely enclosed structure accessory to a dwelling(s) that may be either attached or detached, with a permanent roof, continuous foundation, concrete floor, and exterior walls pierced only by windows and doors, and used for parking of the occupants' personal vehicles; or
(2) A structure used for parking of passenger vehicles as well as trucks used by the business or institution served by the garage, or
(3) A building used for the repair of motor vehicles.
(Ord. 2019-39. Passed 8-13-19.)
1107.05 BANK; CREDIT UNION; SAVINGS ASSOCIATION.
(a) "Bank" means a retail service establishment, that is a corporation or similar entities and is operated under authority granted by the regulating authority of a state or federal government, whose principal business is to provide for the everyday financial transactions of businesses and individuals which includes most or all of the following: receives demand deposits and timed deposits, honors instruments drawn on them, and pays interest on them; discounts notes, makes loans, and invests in securities; certifies depositor's checks; and issues drafts and cashier's checks.
(b) "Credit union" means a retail service establishment that is a nonprofit cooperative financial institution with the general powers conferred upon such corporations or similar entities by the laws of the State of Ohio or of another state and whose principal business is to provide for the everyday financial transactions of its members.
(c) "Savings association" means a retail service establishment that is a savings and loan association doing business under authority granted by the superintendent of financial institutions in accordance with the Ohio Revised Code, or, under the authority granted by the regulatory authority of another state or a federal savings association.
(Ord. 2019-39. Passed 8-13-19.)
1107.06 BUILDINGS AND STRUCTURES.
(a) "Structure" means that which is constructed, and by its design or use is intended to be located permanently on the ground or permanently attached to something located on the ground:
(1) Including, but not limited to buildings, barriers, bridges, bulkheads, chimneys, crane runways, coal bunkers, driveways, fences, outdoor seating facilities, patios, pipe racks, platforms, pools, hot tubs that are connected to any water or electric service, poles, tanks, tents, towers, transformer substation, sheds, signs, stacks and walls, decks or any other manmade products set on or under the ground;
(2) Excluding trailers and other vehicles, whether on wheels or other supports if intended and capable of movement on a dedicated road.
(b) "Building" means a structure which is 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.
(c) "Main building" means the building occupied by the principal use or activity on, or intended for the premises, all parts of which building are connected in a substantial manner by common walls and a continuous roof.
(d) "Accessory building or structure" means a subordinate building or structure detached from, but located on the same zoning lot or development area as the main building, the use of which is customarily incidental to that of the main building or use.
(e) "Building line" means a line generally parallel to a front lot line, defining the limits of a front yard. (See "yard".)
(f) "Required building line" means a line generally parallel to a front lot line, defining the limits of a required front yard. (See "setback".)
(g) "Completely enclosed building" means a building separated on all sides from the contiguous open space or from other buildings enclosed by a permanent roof and by exterior walls or party walls, pierced only by windows and doors.
(h) "Basement" means a story or space with a floor level more than two feet below the adjoining finished grade but having less than half its clear height below adjoining ground.
(i) "Porch, enclosed" means a roofed structure projecting from a building and separated from the building by the walls thereof, in which more than fifty percent of the horizontal section of the exterior walls is enclosed with materials other than screen material that allows air to flow through.
(j) "Porch, unenclosed" means a roofed structure projecting from a building and separated from the building by the walls thereof, in which not more than fifty percent of the horizontal section of the exterior walls is enclosed with materials other than screen material that allows air to flow through.
(Ord. 2019-39. Passed 8-13-19.)
1107.061 CULTURAL AND SOCIAL INSTITUTIONS.
(a) "Club, Lodge or Fraternal and Service Organization" means an establishment owned or operated by a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, and formal written membership requirements but not for (i) retail sale of beverages, food or goods or services, (ii) profit, or (iii) rendering a sale or service which is customarily carried on as a business.
(b) "Community Center" means an establishment used for recreational, social, educational and cultural activities open to the public, or a designated part of the public, owned and operated by a public or nonprofit group or agency.
(c) "Fitness Center" means an establishment in which facilities are provided for recreational athletic activities including but not limited to body building and exercise classes, racquet sports, swimming pools, and related office space, food and beverage service and retail sales. However, the service of food and beverages, and retail sales on such premises, shall be customary and incidental to the principal objective of the facility.
(d) "Funeral Home" means an establishment used for the preparation of the deceased for burial or cremation, for the display of the deceased, and/or for the ceremonies or services related thereto, excluding cremation, and for the storage of caskets, funeral urns, funeral vehicles and other funeral supplies.
(e) "Museum" means an institution that is established for the purpose of acquiring, conserving, studying, interpreting, and exhibiting to the public for its instruction and enjoyment a collection of artifacts of historical interest. "Museum" also includes any libraries, reading rooms, and other offices and premises in connection therewith. However, the service of food and beverages, and retail sales on such premises, shall be customary and incidental to the principal use of the facility.
(f) "Event Center" means a service commercial establishment used for the gathering together of groups of persons for specific functions including social, recreation, amusement or dining activities and where food and beverages may be served on the premises.
(g) "Theater, indoor" means an establishment devoted to providing entertainment inside a building including movie theaters and theatrical space for dramatic, musical or live performances.
(Ord. 2019-39. Passed 8-13-19.)
1107.07 DWELLINGS AND OTHER LIVING ACCOMMODATIONS.
(a) "Dwelling unit" means a space within a dwelling, comprising living, dining, cooking, sleeping room or rooms, storage closets, as well as space and equipment for bathing and toilet facilities, all used by only one family.
(b) "Dwelling" means a building designed or occupied exclusively for nontransient residential use, including one-family, two-family or multi-family buildings.
(c) "One-family dwelling" means a building consisting of one dwelling unit only, detached or separated from other dwelling units by open spaces.
(d) "Two-family dwelling" means a building consisting of two dwelling units which are either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances, including duplexes and flats.
(e) "Attached single-family dwelling" means a building comprised of two or more dwelling units attached by side party walls, each unit having at least one separate outside entrance.
(f) "Multi-family dwelling" means a building comprised of three or more dwelling units arranged side by side and/or one above the other, and each having a separate entrance or an entrance connected to a common outside entrance.
(g) "Hotel" means a building containing living and sleeping accommodations, excluding cooking facilities within an individual rental unit, for transient occupancy or compensation.
(h) "Efficiency dwelling" means a space within a building containing no less than a main area for both living and sleeping accommodations with cooking, bathing and toilet facilities for the exclusive use of one family.
(Ord. 2019-39. Passed 8-13-19.)
1107.08 FAMILY.
"Family" means either an individual, two or more persons who live together in one dwelling unit and maintain a common household, related by blood, marriage or adoption; or not more than three persons not related by blood, marriage or adoption.
(Ord. 2019-39. Passed 8-13-19.)
1107.09 GRADES.
(a) "Established street grade" means the elevation established by the Municipality, at the roadway centerline or curb in front of the lot.
(b) "Natural grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(c) "Finished grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(Ord. 2019-39. Passed 8-13-19.)
1107.10 HEIGHT.
(a) "Height of building" means the vertical distance measured from the average finished grade across the front of the building to the highest point of the coping of a flat roof or the roof ridge line of a pitched roof.
(b) "Roof ridge line" means the line formed by the intersection of the two sloping sides of a pitched roof, representing generally the highest point of such roof.
(Ord. 2019-39. Passed 8-13-19.)
1107.11 HOME OCCUPATION.
"Home occupation" means an occupation or profession conducted as an accessory use in a dwelling unit and as limited by the regulations of Section 1125.05.
(Ord. 2019-39. Passed 8-13-19.)
1107.12 LOADING SPACE.
"Loading space" means an open or enclosed space other than a street, used for the temporary parking of a commercial vehicle while being loaded or unloaded.
(Ord. 2019-39. Passed 8-13-19.)
1107.13 LOT.
(a) "Lot of record" means land designated as a separate parcel on a plat, map or deed in the records of Cuyahoga County, Ohio.
(b) "Zoning lot" means a tract of land abutting a street, occupied or intended to be occupied by a use, building or, where permitted, a group of buildings and their accessory uses and buildings as a unit, together with such open spaces as are required by this Planning and Zoning Code. A zoning lot may or may not coincide with a lot of record and may comprise more than one contiguous parcel. Unless the context clearly indicates the contrary, the term "lot" is used synonymously with "zoning lot" throughout this Code.
(c) "Corner lot" means a lot abutting on two streets at their intersections, where the interior angle of intersection is not more than 135 degrees.
(d) "Interior lot" means a lot other than a corner lot or through lot.
(e) "Through lot" means a lot which has two street lines opposite each other, and which are parallel, or within forty-five degrees of being parallel to each other.
(f) "Lot line" means the boundary of a lot separating it from a public street or adjoining public or private land.
(g) "Front lot line" means the lot line separating an interior lot from the street upon which it abuts irrespective of building orientation. On corner lots or through lots, the front lot line shall be the shortest dimension on a street. If the dimensions of such lot are equal, the property owner may designate one of the lot lines as the front, subject to approval by the Planning and Zoning Commission. Such designation shall be made at the time of application for a building permit for the initial construction of the main building. Unless the context clearly indicates the contrary, the term "front lot line" is synonymous with "street line".
(h) "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line.
(i) "Side lot line" means a lot line which is neither a front nor rear lot line.
(j) "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.
(k) "Lot width" means the horizontal distance of a lot measured along the required building line at a right angle to the mean lot depth line.
(l) "Street frontage" means the horizontal distance of a lot measured along a street right-of-way line or street line.
(Ord. 2019-39. Passed 8-13-19.)
1107.14 OFFICE.
(a) "Office, general or professional" means an establishment providing executive, management, administrative or professional services, but not including medical offices, investment offices or retail services.
(b) "Office, investment" means an establishment that is licensed to act as an intermediary between buyers and sellers in executing transactions of securities or commodities and may also provide research and advice to clients, but not including a bank, credit union, or savings association.
(c) "Office, medical" means an establishment providing consultation, examination and treatment to human patients on an outpatient basis by one or more physicians, dentists, psychologists, optometrists, therapists, chiropractors or other medical personnel and where patients are not lodged overnight.
(Ord. 2019-39. Passed 8-13-19.)
1107.15 OCCUPANCY PERMIT.
“Occupancy permit" means an official statement asserting that a given building, other structure or parcel of land, and its use is in compliance with the provisions of all existing Codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon.
(Ord. 2019-39. Passed 8-13-19.)
1107.16 PERFORMANCE STANDARD.
"Performance standard" means a criterion established to control enclosure, dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations, drainage, erosion and other conditions created by or inherent in uses of land or buildings.
(Ord. 2019-39. Passed 8-13-19.)
1107.160 PLANNING AND ZONING CODE.
"Planning and Zoning Code", or "this Code" means Ordinance 1963-586, passed December 9, 1963, as amended, which is codified as Titles One to Five of this Part Eleven - Planning and Zoning Code. (Ord. 2019-39. Passed 8-13-19.)
1107.161 RECREATIONAL VEHICLES AND TRAILERS.
(a) "Recreational vehicle" means a vehicle or portable structure designed and constructed to be used for travel, recreational or vacation uses, including but not limited to the following:
(1) Travel trailers, motor homes, truck campers, fifth-wheel trailers, buses or fold out camping trailers that may be self-propelled or nonself-propelled with facilities enabling them to be used as a temporary dwelling; or
(2) Watercraft, including boats, floats, rafts, wet bikes, jet skis or other vehicles designed or used for transporting persons or property on the water and the normal equipment to transport same; or
(3) Off-road vehicles, including all-terrain vehicles, snowmobiles, trail bikes or other vehicles designed or used for transporting persons or property on nonimproved surfaces and the normal equipment to transport same.
(b) "Trailer" means every vehicle designed or used for carrying persons or property wholly on its own structure and for being drawn by a motor vehicle, including any such vehicle when formed by or operated as a combination of a "semitrailer" and a vehicle of the dolly type, such as that commonly known as a "trailer dolly," a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a street or highway at a speed greater than twenty-five miles per hour, and a vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of more than ten miles or at a speed of more than twenty-five miles per hour.
(Ord. 2019-39. Passed 8-13-19.)
1107.17 RETAIL SALES.
"Retail sales" means an establishment where goods, wares, merchandise, substances, articles or things are offered or kept for sale at retail, including storage of limited quantities of such goods, wares, merchandise, substances, articles or things sufficient only to service such store. (Ord. 2019-39. Passed 8-13-19.)
1107.18 RETAIL SERVICE.
"Retail service" means an establishment primarily engaged in providing direct consumer services at the site of the business, but not including offices.
(Ord. 2019-39. Passed 8-13-19.)
1107.19 SIGN.
A "Sign" shall have the meaning provided in Chapter 1143 of this Planning and Zoning Code. (Ord. 2019-39. Passed 8-13-19.)
1107.191 SITE PLAN.
"Site Plan" means a plan, to scale, showing uses and structures existing and proposed for a parcel of land and containing those elements as required by Section 1109.04 of this Planning and Zoning Code. (Ord. 2019-39. Passed 8-13-19.)
1107.20 STREET; ALLEY; DRIVEWAY.
(a) "Street" or "road" means an existing public way shown upon a plat heretofore approved by official action and duly filed and recorded and affording the principal means of access to abutting property.
(b) "Private street" means an improved right of way owned and maintained by the abutting property owners, or by an association of property owners, excluding off-street parking areas and driveways.
(c) "Alley" means a street providing service to the rear or side of a lot also abutting on other streets.
(d) "Driveway" means a private path providing access for vehicles between a building or structure and a public or private street. Except for one-family and two-family dwellings, vehicle access provided between a street or land and a parking space, parking area, loading areas, or between two parking areas shall also be considered to be a driveway.
(Ord. 2019-39. Passed 8-13-19.)
1107.21 USE.
(a) "Use" means any purpose for which buildings, structures or land may be arranged, designed, intended, maintained or occupied; or any occupation, business, activity or operation carried on in a building or other structure or on land.
(b) "Main use" means the principal purpose of, or activity in a building, other structure or land.
(c) "Accessory use" means a use located on the same zoning lot or development area with the main use of building or land, but incidental to the main use of the main building or land.
(Ord. 2019-39. Passed 8-13-19.)
1107.22 VARIANCE.
"Variance" means an adjustment of this Planning and Zoning Code, allowing either area or use variances, when the applicable factors set forth in Section 1111.07 of this Planning and Zoning Code weigh in favor of the granting of the variance.
(Ord. 2019-39. Passed 8-13-19.)
1107.23 YARDS AND SETBACKS.
(a) "Yard" means that portion of the open area on a zoning lot extending between a main building and the nearest lot line, open and unobstructed from the ground upwards except for accessory uses and projections as permitted in this Planning and Zoning Code.
(b) "Front yard" means the yard extending from the front wall of the building to the front lot line across the full width of the lot.
(c) "Rear yard" means the yard extending from the rear wall of the building to the rear lot line across the full width of the lot.
(d) "Side yard" means the yard extending between a side lot line and the nearest wall of the building, and from the front yard to the rear yard; provided that for a corner lot, the side yard extends from the front yard to the rear lot line on the street side.
(e) "Setback" means the minimum distance required between any building or structure and a lot line or right of way in order to comply with the regulations of the district in which the lot is located. Use of the word "yard" without the adjectives "required" or "minimum" connotes the term "yard" in its general sense as defined in subsection (a) hereof.
(Ord. 2019-39. Passed 8-13-19.)
1107.24 ZONING DISTRICT, OVERLAY.
"Overlay District" means a zoning district that encompasses one or more underlying zones and imposes additional or alternative requirements to those required by the underlying zone. Overlay Districts are designated on the official Zoning Map.
(Ord. 2019-39. Passed 8-13-19.)
1109.01 INTENT.
It is the intent of these regulations to establish procedures which require compliance with this Planning and Zoning Code and which also ensure equitable and expeditious handling of applications for subdivision approvals, zoning certificates, building permits and occupancy permits, as further regulated in the Building Code. Specifically, the purposes and relationships of these Municipal authorizations are as set forth below:
(a) Subdivision Approvals. Subdivision approvals are required in order to certify that proposed lots comply with the Planning and Zoning Code and other applicable Municipal ordinances and requirements prior to consideration of an application for a Zoning Certificate.
(b) Zoning Certificates. Zoning Certificates are established to certify compliance with this Planning and Zoning Code prior to issuance of a building permit or occupancy permit.
(c) Building Permit. Building permits are established to authorize proposed construction or similar activity in compliance with the Building Code and other applicable municipal ordinances and requirements.
(d) Occupancy Permits. Occupancy permits are established to authorize initial or replacement occupancy of a building, or part thereof, or land subsequent to completion of activity in compliance with the Planning and Zoning Code, Building Code and other applicable municipal ordinances and requirements.
(Ord. 2019-39. Passed 8-13-19.)
1109.02 APPLICABILITY.
Subdivision approvals, zoning certificates, building permits and occupancy permits shall be required for activities listed below. No such activity nor grading and excavation in preparation for such activity shall be commenced prior to the granting of the required authorization. Questions regarding applicability should be directed to the Administrator prior to commencement of activity.
(a) Subdivision Approval Required. Subdivision of land to create one or more additional recorded lots or to alter lot lines.
(b) Zoning Certificate Required. Erection, enlargement or moving of a building or other structure; also, a change in the use of a building, structure or land.
(c) Building Permit.
(1) Required: Erection, enlargement, alteration, repair, demolition or moving of a building, retaining wall or other structure, and the excavation or grading of land, except as noted in subsection (c)(2) hereof.
(2) Not required: Unless otherwise specified in the Planning and Zoning Code to be reviewed by a Board or Commission, alterations and repairs which do not affect basic structural elements and do not materially alter exterior appearance.
(d) Occupancy Permit Required. Initial occupancy of a building or land, completion of an activity requiring a building permit, and for nonresidential uses, occupancy which commences with a change in use, tenancy, business ownership or termination of a vacancy of six months or more.
(Ord. 2019-39. Passed 8-13-19.)
1109.03 CONDITIONS FOR ISSUANCE OF CERTIFICATES AND PERMITS.
Certificates and permits shall be issued only for applications, work and uses in full compliance with the Planning and Zoning Code, Building Code and other applicable municipal ordinances and requirements. Furthermore, permits and certificates shall be issued in accordance with the following conditions:
(a) Actions by Municipality. No zoning certificate, building permit or occupancy permit shall be issued prior to granting of required variances by the Board of Zoning Appeals (see Chapter 1111 ), determinations of similar use, as applicable, by the Planning and Zoning Commission (see Chapter 1147), and approvals by the Planning and Zoning Commission, Architectural Board of Review and other municipal officers as required below and by other provisions of the Codified Ordinances.
(b) Actions by Applicant. No zoning certificate, building permit or occupancy permit shall be issued for a building on a lot which is not located in a duly recorded subdivision, is not located on a public or private street, or for which improvements required by the Municipality have not been installed or acceptably guaranteed.
(Ord. 2019-39. Passed 8-13-19.)
1109.04 APPLICATION REQUIREMENTS.
Applications for subdivision approvals, Zoning Certificates or Occupancy Permits shall be submitted to the Administrator in accordance with the following regulations. Each application shall be signed by the applicant and submitted along with two paper copies and an electronic copy, unless otherwise required by the Administrator. Each application for a Zoning Certificate shall contain the elements listed below.
(a) Narrative Information.
(1) Name, mailing address electronic mail address and telephone number of applicant and property owner.
(2) Address and parcel number(s) of subject property.
(3) Legal description of property.
(4) Zoning district, existing and proposed use(s).
(5) For all uses proposed or to be retained: building and structure heights, number of parking spaces, number of dwelling units, total building coverage, and floor area by type of use.
(6) Certification of compliance with environmental performance regulations as required in Section 1144.03.
(b) Site Plans. Plans drawn at a scale of one-inch equals forty feet, or as otherwise required by the Administrator, indicating the following information in a clear and legible manner.
(1) Existing and proposed property lines of the subject parcel(s), documented by a professional survey, with all dimensions indicated.
(2) Locations, heights, finished grades, and first floor elevations of existing main buildings on contiguous parcels.
(3) Contiguous streets, with the distance to the nearest intersecting street indicated if not shown. Existing topography showing contours at intervals of not less than two feet.
(4) Proposed topography, showing contours at intervals of not less than two feet.
(5) Existing buildings by type of use, parking spaces, loading spaces, roads, drives and walkways, showing representative dimensions and locations based on a professional survey.
(6) Buildings and uses to be demolished or eliminated.
(7) Proposed buildings and additions by location, type of use, parking spaces, loading spaces, roads, drives and walkways, showing representative dimensions including heights, finished grades, and first floor elevations.
(8) Location, type and height of proposed outdoor lighting.
(9) Common open space and landscaping to be provided in accordance with the requirements of Chapter 1142, including the location of trees or tree clusters to be retained and those to be removed.
(10) Proposed and existing signs, shown in accordance with the application requirements of Section 1143.05 (b).
(c) Exceptions. The Administrator may waive any of the above requirements which he determines to be inapplicable in specific instances.
(d) Building Permit Applications. Applications which incorporate building permit applications shall also contain all information required for building permits in Part Thirteen - Building Code.
(Ord. 2019-39. Passed 8-13-19.)
1109.05 REVIEW AND APPROVAL PROCEDURES.
The following procedures are established to govern the review and approval process regarding applications for subdivision approvals, zoning certificates, building permits and occupancy permits.
(a) Acceptance by Administrator. The Administrator shall promptly review each application submitted to determine whether all required information has been provided. If the application is deemed insufficient, the Administrator shall promptly notify the applicant and reject acceptance of the application for processing. If the application is deemed sufficient in terms of required information and the applicable fee has been paid, the Administrator shall officially accept the application on that date for consideration of the action(s) requested.
(b) Transmittal for Review. Upon official acceptance of an application, the Administrator shall transmit copies to the Municipal bodies and officers responsible for review or approval, as stated below. The Administrator shall issue no permits or certificates prior to required approvals.
(1) Architectural Board of Review. The Architectural Board of Review shall approve or disapprove all building permit applications.
A. Compliance. The Architectural Board of Review shall review such applications for compliance with the Building Code, general design standards, and design standards established in this Planning and Zoning Code for buildings, signs and other uses and grade changes of three inches or more as required by Chapter 1146. The Architectural Board of Review shall conduct its review in accordance with Chapters 1115 and 1146 as applicable.
B. Meeting Notice. Ten days prior to the initial review of an application that allows for the exercise of discretion, the Architectural Board of Review shall notify by first class mail owners of property abutting, and directly across the street from, the location of the property involved in the application request. The notification shall set forth the time and place of the meeting and a summary of the proposed application request. Meeting Notice shall be given for applications that include the erection of a main building. Other applicable sections of the code where discretion is given to the Architectural Board of Review and meeting notice is required are:
C. Meetings. All meetings of the Architectural Board of Review shall be open to the public unless otherwise allowed by law. The Architectural Board of Review shall receive and consider public comment and information relevant to an application during the review process. The Architectural Board of Review may establish such rules as may be necessary for the effective proceeding of any meeting.
D. Review Process. Except for those applications subject to Concurrent Review as set forth herein, the review process for an application shall be in two phases: the preliminary plan review and the final plan review. However, the applicant is also encouraged to meet with the Administrator or Architectural Board of Review prior to submitting an application for preliminary plan review. The purpose of this meeting would be to discuss early and informally with the applicant the requirements of the Planning and Zoning Code and the Design Guidelines.
1. Preliminary plan. The applicant shall submit a preliminary plan of the proposed design that shall conform with the requirements set forth in Section 1109.04.
a. The preliminary plan allows the applicant to present all information needed to determine that the proposed design satisfies the requirements of Chapters 1115 and 1146 as applicable. In its review of an application, the Architectural Board of Review may request that the applicant supply additional information the Architectural Board of Review deems necessary to adequately review and evaluate the proposed design.
b. The Architectural Board of Review shall approve, approve with modification or disapprove the preliminary plan. If the Architectural Board of Review does not grant preliminary approval, it shall verbally advise the applicant of the reasons preliminary approval was not granted or it may specify modification which would make the preliminary plan acceptable. Approval of the preliminary plan shall be conditioned upon compliance with all other applicable statutes and ordinances of the Municipality. Preliminary plan approval shall be obtained, which may be conditioned upon obtaining any needed variances, or modifications prior to the applicant seeking a variance from the Board of Zoning Appeals.
c. Preliminary approval shall be evidence that the concepts presented are acceptable to the Architectural Board of Review, and the project should proceed to final drawings, or for consideration for any variances or modifications if applicable in order for the applicant to obtain a building permit.
2. Final. The applicant, having received approval of the preliminary plan of the proposed design, and any necessary variances from the Board of Zoning Appeals or modifications from the Planning and Zoning Commission in order to obtain a building permit for the proposed plans of the applicant, shall submit a final plan of the design. The Architectural Board of Review shall approve the final plan if it determines that the design is in accordance with the approved preliminary plan, and any variances granted by the Board.
3. Concurrent review. The Architectural Board of Review may accept a concurrent submission of a Preliminary Plan and a Final Plan, provided that such submission satisfies the submittal requirements of this chapter, and no variances from the Board of Zoning Appeals or modifications from the Planning and Zoning Commission will be requested for the project.
E. Approval/Disapproval. The Architectural Board of Review shall either approve, approve with modification or disapprove the final plan in accordance with the review and approval procedures set forth in Section 1109.05 and the standards of Chapters 1115 and 1146, as applicable. In conjunction with a motion on the final plan, the Architectural Board of Review shall state the reasons that support the decision.
(2) Planning and Zoning Commission.
A. Subdivisions. The Planning and Zoning Commission shall approve or disapprove all subdivision applications based on the Subdivision Regulations and Improvement Standards in Chapter 1161 of the Codified Ordinances.
B. Zoning Certificates. The Planning and Zoning Commission shall also approve or disapprove Zoning Certificate applications which propose an action as follows:
1. A change of use or enlargement of a use which affects the number of parking spaces; and any change in the number or arrangement of off-street parking or loading spaces.
2. Erection or moving of any main building in all zoning districts except R1 and R2F Districts.
C. Meeting Notice. The Planning and Zoning Commission shall review such applications for compliance with the Planning and Zoning Code. Ten days prior to the initial review of an application that allows for the exercise of discretion, the Planning and Zoning Commission shall notify by first class mail owners of property abutting, and directly across the street from, the location of the property involved in the application request. The notification shall set forth the time and place of the meeting and a summary of the proposed application request. Applicable sections of the code where discretion is given to the Planning and Zoning Commission and meeting notice is required are:
(3) Municipal Engineer. The Municipal Engineer shall approve or disapprove all subdivision approval applications and any building permit applications which propose construction requiring a grade change of three inches or more, and may require grading plans to be submitted, in addition to any plan required by the Planning and Zoning Code or Subdivision Regulations if necessary to determine the impact on the drainage shed.
(4) Bureau of Fire Prevention. Approval by the Bureau of Fire Prevention shall be required for all building permits authorizing erection, enlargement or repair of structures and for the installation of Solar Energy Systems in accordance with Chapter 1153. (See Section 1501.13 of the Fire Prevention Code.)
(5) Council. Council approval shall be required for all subdivision approval applications proposing the creation of five or more additional lots and for any application which proposes the widening, extension or opening of public or private roads (with the exception of a single access driveway serving a one or two-family dwelling).Council shall not consider any application that has been disapproved by the Architectural Board of Review, Planning and Zoning Commission or Municipal Engineer, where such approval is required, except as referred to in Chapter 1111.
(6) Other Municipal officers. The Administrator shall also submit applications for review and recommendation to the Police Chief and other municipal officers, as applicable.
(7) Board of Zoning Appeals. The Board of Zoning Appeals shall hear any questions or disputes involving interpretation of this Planning and Zoning Code and shall determine whether or not to grant variances or render decisions on administrative appeals in accordance with Chapter 1111 of this Planning and Zoning Code.
(c) Time Limitations for Review. In order to ensure expeditious handling of applications, the following time limitations for review are established for applications which require approval of the Architectural Board of Review, Planning and Zoning Commission, Municipal Engineer or Council. Where various plans required as components of a building permit application are submitted separately, the time limitations shall apply to each separate submission from the date of its acceptance.
(1) Architectural Board of Review. Applications submitted to the Architectural Board of Review shall be considered at the next regularly scheduled meeting which occurs twenty or more days after official acceptance of the application by the Administrator. Applications for the review of signs requiring permits shall be considered at the next regularly scheduled meeting which occurs ten days or more after official acceptance. The Architectural Board of Review shall make its final determination no later than forty-five days after the date of its required consideration.
(2) Planning and Zoning Commission. Applications submitted to the Planning and Zoning Commission shall be considered at the next regularly scheduled meeting which occurs ten or more days after official acceptance of the application by the Administrator and after the satisfaction of the notification period required in Sections 1161.04 or 1109.05(b)(2). The Planning and Zoning Commission shall make its final determination no later than forty-five days after the date of its required consideration.
(3) Board of Zoning Appeals. Applications submitted to the Board of Zoning Appeals shall be considered in accordance with the provisions of Section 1111.04. The Board of Zoning Appeals shall make its final determination no later than forty-five days after the date of closure of the public hearing(s) on an application.
(4) Bureau of Fire Prevention. Applications submitted for review and recommendation to the Bureau of Fire Prevention shall be reviewed within thirty days after official acceptance by the Administrator.
(5) Municipal Engineer. Applications submitted to the Municipal Engineer for review and consideration shall be reviewed within thirty days after official acceptance by the Administrator.
(6) Council. Applications submitted to Council shall be approved or disapproved within forty-five days after all other required approvals have been granted and closure of any required public hearing(s).
(7) Extensions. The applicant may agree to extensions of any of the above time limitations in order to permit plan revisions or the continuation of the review process.
(d) Effective Approval. Except for administrative appeals or variances granted by the Board of Zoning Appeals, approvals granted under this section shall expire within twelve months if the work authorized by the approval has not materially commenced. The permit expiration may be extended by the Administrator in the event of a change of circumstances, and for good cause shown, provided that there has been substantial progress on the work authorized.
(e) Final Action by Administrator. Subsequent to all required approvals, the Administrator shall promptly issue the appropriate permit or certificate. If an application has been disapproved by the Municipal bodies or officers responsible for that determination, the Administrator shall so notify the applicant in writing, providing copies of all written action taken by the Council or any board or commission of the Municipality.
(Ord. 2019-39. Passed 8-13-19; Ord. 2022-56. Passed 11-14-22.)
1109.06 EXPIRATION AND RENEWAL OF CERTIFICATES AND PERMITS.
In order to ensure that the intent of Municipal authorizations is not altered by changing circumstances, the following regulations are established governing the expiration of certificates and permits.
(a) Zoning Certificates. Zoning Certificates are issued as a prerequisite to issuance of a building permit or occupancy permit, as required. If neither the building permit nor occupancy permit, as required, has been issued within six months after the issuance of zoning certificate, such zoning certificate shall become null and void.
(b) Building Permits. Building permits shall be issued for a period of one year and may be renewed while construction is diligently pursued.
(c) Occupancy Permits. Occupancy permits shall be issued for a period of one year for nonresidential uses and for an indefinite period of time for residential uses.
Each nonresidential occupancy permit shall be renewed by the occupant to become effective July 1, of each year. A renewal fee may be charged to cover filing and inspection costs.
(Ord. 2019-39. Passed 8-13-19.)
1109.07 ENFORCEMENT AND PENALTY.
The following regulations are established to ensure adequate and equitable enforcement of the provisions of this Planning and Zoning Code.
(a) Inspections.
(1) Subsequent to the issuance of a building permit, the Administrator shall make periodic inspections as required in the Building Code to ensure that work is proceeding as authorized.
(2) The Administrator shall inspect all buildings and land periodically to certify the conforming or nonconforming status of all uses and structures.
(b) Order for Elimination of Violations.
(1) The Administrator shall record and investigate any report of an alleged violation of this Planning and Zoning Code or the Subdivision Regulations which is submitted to him in writing, signed by the complainant.
(2) If the Administrator finds that any provisions of this Code or the Subdivision Regulations or related ordinances are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and actions necessary to correct it. Such notice shall be served on the responsible person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified and regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address, or the building affected.
(3) The Administrator shall order the cessation, removal or other correction of the violation, as appropriate.
(4) After issuance of such order, no construction or other work requiring a building permit shall be conducted at the subject property until the violation has been corrected.
(5) If any person receiving a notice of violation under this section responds to such notice with a written statement of intent or desire to resolve the violation, the Administrator shall respond to such statement and shall, in writing, give such person a reasonable time to resolve the violation if no immediate danger to the public is present. The time to resolve shall be at least 10 days and no more than 60 days as determined by the Administrator who shall consider:
A. The extent to which the person has benefited by the violation;
B. The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation;
C. The recidivism of the person, including previous notices and orders to comply and previous enforcement action;
D. Good faith efforts of the person to remedy the violation; and
E. The duration of the violation before a notice and order to comply was served pursuant to this section
F. Penalty.
1. Any person who is responsible for a violation of this Planning and Zoning Code, or any person who fails to comply with an order made by the Administrator in enforcing this Code, is guilty of a misdemeanor of the third degree.
2. Each day such violation is committed or continued shall constitute a separate offense, commencing one day after the Administrator's order is served on the owner, his employee, tenant or other agent or any other person who is responsible for the violation.
3. Fines shall not be levied while work in correcting such violation is pursued diligently.
4. If the Administrator determines that correction of a violation is not feasible, the Administrator shall issue a citation for each offense and require any remedies necessary to mitigate adverse impacts of the violation, or complete elimination of the use.
G. Records.
1. The Administrator shall maintain records of all subdivision approval, zoning certificate, building permit and occupancy permit applications considered and of all authorizations subsequently issued.
2. Similarly, the Administrator shall maintain records of all written and signed violation reports received.
3. Such records shall be available to the public upon request.
(Ord. 2019-39. Passed 8-13-19.)
1109.08 FEES AND DEPOSITS.
Fees, as set by Council, shall be imposed to cover administrative costs incurred by the Municipality in processing various applications. Monetary deposits shall be required to cover variable costs incurred by the Municipality for consultant services and the advertising, court reporting and transcribing costs and conducting of hearings. No application shall be officially accepted and dated until all required fees and deposits have been paid.
(a) Fees. Council may establish fees for applications for subdivisions, zoning certificates, building permits, occupancy permits, variances, interpretations of the Code, and requests for rezoning.
(b) Deposits. For applications requiring approval by the Planning and Zoning Commission or the Board of Zoning Appeals, the applicant shall be required to deposit a sum as specified by ordinance sufficient to cover expenses incurred by the Municipality for public hearing advertisements, for services performed by the Municipal Engineer, Planning Consultant, Municipal Architect and Law Director, and for other expenses related to review of an application. Such expenses shall be approved for payment by the Administrator. Upon final disposition of the application, any monetary balance remaining shall be returned to the applicant.
(Ord. 2019-39. Passed 8-13-19.)
1109.09 PUBLIC HEARING NOTIFICATIONS AND HEARINGS.
(a) Notifications. Where required by the Ohio Revised Code or the Planning and Zoning Code, public hearings shall be scheduled, and notice provided of such public hearing in accordance with the following:
(1) Written notice, whether by publication or mail shall:
A. Indicate the date, time and place of the hearing.
B. Specify the address or location of the subject property.
C. Describe the scope and purpose of the application.
D. Identify the Municipal department where the public may view the application and related documents.
E. Include a statement that the public may appear, speak, and present written comments regarding the application, so long as the comments are made available to the proponent of the matter that is the subject of the public hearing and remain available to be examined on the comments made by such proponent, other interested parties and the Board, Commission, Council or other agency considering the matter.
(2) Notice of the public hearing shall be posted to the official web site of the Municipality at least fifteen (15) days before the date of the hearing.
(3) If such application concerns any request other than an interpretation of the text of such zoning ordinance, notice of the hearing shall also be mailed by the Clerk of Council, by first class mail, at least fifteen (15) days before the hearing date, to owners of property within and contiguous to, and directly across the street from, the location of the property involved in the application request, as well as to all owners of property within three hundred (300) feet of the location of the property involved in the application request. The addresses of such owners shall be obtained from the addresses appearing on the County Auditor's tax list or the County Treasurer's mailing list. The failure to mail notices to owners whose names do not appear on such lists, as well as the failure of delivery of such notice, shall not invalidate any such action by the Board.
(4) During the fifteen (15) days preceding the hearing, a copy of the application submitted by the applicant shall be on file for public inspection in the office of the Clerk of Council.
(b) Minor defects in any published or mailed notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects shall be considered those which do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. If questions arise at the hearing regarding the adequacy of notice, the decision- making body shall make a finding as to whether there was substantial compliance with the notice requirements of this Planning and Zoning Code prior to final action on the request. When the records of the Municipality document the publication or mailing of required notices, it shall be presumed that notice of a public hearing was given as required by this section.
(c) Hearings. Hearings shall be conducted in the following manner. Hearings shall be public. Upon the day of a hearing the reviewing body may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the reviewing body so decides.
(Ord. 2019-30. Passed 8-13-19.)
Actions Requiring Various Types of Municipal Authorizations
Proposed Action Regarding a Structure or Land | Zoning Certificate | Building Permit | Planning & Zoning Commission Approval | ABR Approval | Municipal Engineer Approval |
Land subdivision | X | X | |||
Change in use | X | X1 | |||
Erection | X | X | X2 | X | X |
Enlargement | X | X | X1 | X | |
Moving | X | X | X2 | X | |
Demolition | X | X | |||
Alteration | X | X | X | ||
Repair | X | X | |||
Outdoor Lighting | X | X3 | X3 | ||
1. Planning and Zoning Commission approval required only if a change in the number of required parking space is involved.
2. For main buildings; except in R1 and R2F Districts.
3. Except in R1 and R2F Districts.
(Ord. 2019-39. Passed 8-13-19.)
1111.01 INTENT.
The Board of Zoning Appeals shall hear any questions or disputes involving the interpretation of provisions of this Planning and Zoning Code, which shall be final, unless the matter is referred to the Council as set forth in this Chapter 1111. The Board of Zoning Appeals shall determine whether or not a variance from the strict letter of the Planning and Zoning Code should be granted. The Board of Zoning Appeals shall determine whether decisions of administrative officers, boards or commissions should be affirmed, reversed or modified on appeal.
(a) When reviewing a decision of the Planning and Zoning Commission where it has acted to modify any part of the Planning and Zoning Code, as applied to any proposed development, the Board of Zoning Appeals shall be guided by the review standards set out in Sections 1111.07, 1111.08 and 1111.09 of this Chapter 1111, to the extent applicable.
(b) If the standards set out in subsection 1111.01(a) are not applicable, then the Board of Zoning Appeals shall follow the review standards set out in the following subsections:
(1) When reviewing other decisions of the Planning and Zoning Commission, or decisions of the Architectural Board of Review, or any administrative officer, the Board of Zoning Appeals shall first determine if (a) the decision was based on a correct interpretation of the Ordinances and Regulations of the Municipality; and (b) the decision was not unreasonable or an abuse of discretion, where discretion is permitted by the Ordinance or Regulation that is the basis for the decision being reviewed.
(2) If the decision was based on an incorrect interpretation, or was unlawful, unreasonable or an abuse of discretion, as the case may be, the Board of Zoning Appeals may reverse, modify or remand the matter to the administrative officer, board or commission that rendered such decision. Otherwise the Board of Zoning Appeals shall affirm such decision.
(Ord. 2022-10. Passed 4-11-22.)
1111.02 JURISDICTION.
The Board of Zoning Appeals shall adopt such rules and regulations, provided they are not in conflict with this Planning and Zoning Code or other ordinances of the Municipality, as may be necessary to carry into effect the powers and jurisdiction conferred upon it as follows:
(a) To hear appeals of final decisions made by the Administrator, or by any administrative officer, board or commission of the Municipality , on matters relating to the Planning and Zoning Code, or when directed by other provisions contained in the Codified Ordinances of the Municipality , for relief from any order, requirement, decision or determination, including the grant or refusal to grant a permit, or the revocation of a permit contemplated by this Planning and Zoning Code; which decision shall be final unless the matter is referred to the Council pursuant to this Chapter 1111 of the Planning and Zoning Code;
(b) To hear and determine applications for variances from the terms provided in the Planning and Zoning Code subject to the standards provided in the Planning and Zoning Code;
(c) To hear and determine all matters specifically referred to the Board of Zoning Appeals for determination, such as a determination of district boundary lines or the interpretation of the Planning and Zoning Code, when the matter is referred to the Board of Zoning Appeals in the Planning and Zoning Code or other provisions of the Codified Ordinances.
(Ord. 2019-39. Passed 8-13-19.)
1111.03 APPLICATION FOR APPEALS OR VARIANCES.
An appeal shall be considered by the Board of Zoning Appeals only after formal action has been taken by the Administrator or other officers, or is taken at a public meeting by a board or commission with regard to an application for a building permit, zoning certificate, issuance of a stop order, specific referral or some similar action; provided that:
(a) Within ten (10) days of such action, an application for appeal shall be filed with the Administrator; and when applicable, an application for a variance shall be filed with the Administrator; and
(b) Application for appeal or variance shall include reference to the decision or sections of this Planning and Zoning Code from which the appeal or variance is sought and all necessary data in accordance with the form provided.
(c) An application for an appeal may be filed by (i) the person who has been denied a building permit, zoning certificate or any other authorization, (ii) a person who has received a stop work order under any provision of the Codified Ordinances, (iii) any property owner who can prove they would be especially damaged by the issuance of a permit or other administrative approval, or (iv) any property owner who should have received a notice of a request for approval of a project pursuant to Section 1109.05 of this Planning and Zoning Code and who has an interest, established by law, in the disposition of such matter.
(d) Prior to filing an application for a variance from the Board of Zoning Appeals, for the erection, enlargement and/or alteration of a building in the Municipality, the applicant shall be required to first obtain preliminary plan approval from the Architectural Board of Review for such building.
(e) In the event an aggrieved party was provided with incorrect written information from the Administrator, Building Inspector, Secretary of the Planning and Zoning Commission or the Board of Zoning Appeals, or other Village official with authority to provide information on appeal deadlines, as to the date when an appeal from formal action taken pursuant to this Section must be filed, and as a result the aggrieved party is unable to timely file an appeal from such action, the aggrieved party shall have a period of ten (10) days from the date that they discovered the correct deadline to file an appeal, but not to exceed twenty (20) days after formal action has been taken from which an appeal must ordinarily be filed with the Administrator, by filing the appropriate application and information as required by the Planning and Zoning Code.
In the event an appeal is filed pursuant to this section, the Building Inspector shall issue an order to the permit recipient to discontinue all work authorized under such permit, in accordance with Section 1307.10, during the pendency of the appeal. Further work performed under such permit, during the pendency of the appeal, shall be deemed to be in violation of this provision. (Ord. 2022-10. Passed 4-11-22.)
1111.04 NOTICES.
The Board of Zoning Appeals, upon receiving an application for a variance, or an appeal from the decision of the Administrator, Architectural Board of Review or other administrative entity, shall hold a public hearing. Notice of a public hearing shall be in accordance with Section 1109.09 of the Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1111.05 MEETINGS, QUORUM AND VOTE.
(a) Hearing of Appeals and Variances. The Board shall allow any interested party to submit admissible evidence or testimony to the Board, provided that all testimony shall be submitted under oath, and all interested parties shall be permitted to cross-examine witnesses and present their positions, arguments and contentions. In the event the Board determines that evidence or testimony is not admissible, the Board shall permit the proffer of such evidence in a manner which allows for the creation of a complete record.
(b) Quorum and Vote. A majority of the members of the Board of Zoning Appeals shall constitute a quorum for the transaction of business. In each case a motion or motions shall be made to grant the relief requested. Such motions may be made and seconded by members who are opposed to the motion. The affirmative vote of three members of the Board shall be necessary for any official decision. Failure to receive three (3) affirmative votes will constitute a denial of the motion pending before the Board and will result in an affirmance of the prior administrative action being reviewed, or the requested variance(s) will be considered denied. Prior to voting on a motion, Board members shall state facts which support their decision. Such facts shall become the basis for Conclusions of Fact by the Board. Members may state their agreement with a prior articulation of facts and need not restate all facts supporting their decision prior to voting on the motion.
(c) Decisions and Conclusions of Fact. After the public hearing, the Board shall make its determination which shall include a decision and conclusions of fact. The Board shall also prepare its record in accordance with Section 1111.06 of this Chapter, when the matter will be referred to Council for review of the decision of the Board of Zoning Appeals.
(Ord. 2019-39. Passed 8-13-19.)
1111.06 RECORD OF DECISION.
(a) As soon as possible after the Board of Zoning Appeals makes any final reviewable decision, the Chief Administrative Officer shall notify, in writing, the Clerk of Council of such action and notify each member of Council, using the electronic mail address they have provided to the Clerk of Council for receiving notices of Council business, or if none, by personal delivery, of the action taken by the Board of Zoning Appeals.
(b) Within fifteen (15) days after receipt of the written notification by the Chief Administrative Officer regarding a final decision made by the Board of Zoning Appeals, any three (3) or more members of Council may, in writing and emailed to the Clerk of Council, with copies provided to each member of Council at their electronic mail address, or if none by personal delivery, in any form or manner such Council members deem appropriate, request that the Clerk of Council set a public hearing to review the decision of the Board of Zoning Appeals, in which case the Council shall receive testimony, and consider the evidence presented to Council, which shall also include the record to be prepared and provided by the Board of Zoning Appeals to Council, including its decision and conclusions of fact, and the decision of Council shall be final in regard to any exception, variance, interpretation or review of orders of administrative officials, boards or agencies of the Municipality, and a majority of Council shall be required to either affirm or reverse the decision of the Board of Zoning Appeals.
(c) Notice of the hearing by Council shall be given as provided in Section 1109.09 of the Planning and Zoning Code, including to the applicant before the Board of Zoning Appeals that is the subject of the review by Council.
(d) If three (3) or more members of Council fail to request a hearing within fifteen (15) days after receipt of notification of the decision of the Board of Zoning Appeals by the Clerk of Council, the decision of the Board of Zoning Appeals shall be final.
(e) The notice to be provided by at least three (3) members of Council to have such Board of Zoning Appeals' decision reviewed by Council shall provide the name of the applicant, the address of the property that is the subject of the exception, variance, interpretation or review of orders of administrative officials, and which action(s) of the Board of Zoning Appeals will be reviewed by Council, but the failure to include all such information shall not impair Council's review of the decision.
(f) The Clerk of Council shall give notice of the hearing of the request for review by the three (3) or more Council members to the applicant, the law director, and the secretary of the Board of Zoning Appeals. (Ord. 2022-10. Passed 4-11-22.)
1111.07 REASONS FOR GRANTING VARIANCES.
(a) The Board of Zoning Appeals, and in the case of a review of the decision of the Board of Zoning Appeals' decision by Council, may, in specific cases, vary, modify or waive the application of certain provisions of this Planning and Zoning Code, after making findings of fact setting forth the reasons therefor, with such conditions the Board of Zoning Appeals or Council believes are necessary to impose in granting a variance in order that the public health, safety, convenience, comfort and general welfare may be safeguarded and substantial justice done.
(Ord. 2022-10. Passed 4-11-22.)
(b) Variances shall not be granted for uses not permitted in the zoning district applicable to the property, unless a literal application of this Planning and Zoning Code would result in an unnecessary hardship that:
(1) Was not self-created;
(2) Is due to unique conditions existing on the property;
(3) The property cannot be used for the purposes for which it is zoned;
(4) Will not violate the spirit of the Planning and Zoning Code;
(5) Is the minimum necessary to avoid the unnecessary hardship; and,
(6) Results from special conditions unique to the property being reviewed.
(c) Area variances may be granted on the basis of a finding of a practical difficulty. While no single factor controls in the determination of a practical difficulty, the factors to be considered and weighed include, but are not limited to:
(1) Whether the property 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;
(5) Whether the property owner purchased the property with knowledge of the zoning restriction;
(6) Whether the property owner'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 a variance; and,
(8) Whether the variance is based on circumstances that are self-created or exist as a result of actions of the property owner.
(Ord. 2019-39. Passed 8-13-19.)
1111.08 VARIANCES FOR YARDS; SUPPLEMENTAL STANDARDS.
The Board of Zoning Appeals, or in the case of a review of its decision by Council, the Council, may permit variations of yard regulations in a residential district for a lot of record, provided the Board of Zoning Appeals, or Council, as the case may be, finds that privacy will not be impaired, and that light and ventilation will be adequate on such lot and not unduly diminished on adjoining lots.
(Ord. 2019-39. Passed 8-13-19.)
1111.09 LANDSCAPE AND PROTECTIVE FEATURES.
The Board of Zoning Appeals, or in the case of a review of its decision by Council, the Council, upon making various determinations, shall endeavor to protect adjoining property, to assure safety of pedestrians and convenience of traffic movements within the area in question, and may require the provision of curbs, guard rails, walls, fences or other landscape or protective features, to further the purposes of this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1111.10 ACTION BY COUNCIL.
(a) When required to review a decision of the Board of Zoning Appeals, pursuant to Section 1111.06 of the Zoning Code, each case shall be considered by Council upon the record created by the Board of Zoning Appeals, and as supplemented by the evidence presented by the applicant, the Municipality or anyone else interested in the proceeding.
(b) Council shall apply the laws of the Municipality to the facts of the case as those facts are contained in the record which was created by the Board of Zoning Appeals or supplemented in the proceedings before Council, where testimony shall be taken under oath and subject to issuance of subpoenas upon request, and such testimony shall be subject to cross examination whether it be presented at the Board of Zoning Appeals or Council.
(c) In the event the Council does not follow the decision of the Board of Zoning Appeals, Council shall make its own decision and shall adopt Conclusions of Fact which support its decision, and which are found in the record.
(d) Quorum and Vote. A majority of the members of Council shall constitute a quorum for the review of the Board of Zoning Appeals decision. In each case a motion or motions shall be made to grant the relief requested. Such motions may be made and seconded by members who are opposed to the motion. The affirmative vote of four members of Council shall be necessary for any official decision. Failure to receive four (4) affirmative votes will constitute a denial of the review pending before Council and will result in an affirmance of the prior administrative action being reviewed. Prior to voting on a motion, the movant and/or other Council members shall state findings which support their decision. Such findings shall become the basis for Conclusions of Fact by the Council. Members may state their agreement with the proffered findings and need not restate all findings supporting their decision prior to voting on the motion.
(e) At any time prior to a final decision of the Board of Zoning Appeals, or Council, the applicant may withdraw the application. Receipt of notice of the withdrawal of an appeal or an application for a variance or exception, at any time prior to final action by the Board of Zoning Appeals, or Council, as the case may be, shall reinstate the prior decision of any administrative officer or body and the appeal or application for a variance or exception shall be treated as though it had not been submitted, except that the applicant will not be entitled to the return of any fees, deposits or costs required in this Planning and Zoning Code.
(f) After reviewing the Board of Zoning Appeals' decision, Council may affirm, affirm and modify or reverse the decision of the Board of Zoning Appeals by a majority vote of all of its members.
(g) Immediately following Council's decision, notice of such decision shall be mailed to the applicant and all interested parties who personally appeared before Council to support affirmance or reversal of the decision of the Board of Zoning Appeals.
(h) The applicant or any interested party who appeared or was represented at the Council meeting(s) where the matter was heard, and was harmed by the action of Council may appeal Council's decision pursuant to Ohio R.C. Chapter 2506.
(Ord. 2022-10. Passed 4-11-22.)
1111.11 TIME PERIOD TO FILE APPEAL.
The applicant or any such interested party who is held by action of Council may appeal Council's decision pursuant to Ohio R.C. Chapter 2506. The time period to appeal any final decision rendered by either (i) the Board of Zoning Appeals, in the event three (3) members of Council have not requested that Council review a decision of the Board of Zoning Appeals, within fifteen (15) days after such decision, or (ii) by the Council, in the event Council is required to review a decision of the Board of Zoning Appeals pursuant to Section 1111.06 of this Planning and Zoning Code, shall commence to run upon the date that the Administrator or his designee sends notice, by electronic mail, or by depositing a letter with the United States Postal Service, with postage pre-paid, notifying the aggrieved party who first filed an appeal to the Board of Zoning Appeals of the final decision of the Board of Zoning Appeals, or the Council, as the case may be. The notice shall be sent to the e-mail address or residence or business address designated by the applicant when filing an application for relief from the Board of Zoning Appeals. Failure of the applicant to receive such notice shall not be a basis for tolling or extending the time period to file an appeal pursuant to Ohio R.C. Chapter 2506.
(Ord. 2021-20. Passed 5-24-21.)
1113.01 INTENT.
This Planning and Zoning Code may be amended periodically in order to keep pace with new zoning techniques and changes in enabling legislation governing municipal planning and zoning. The Code may also be amended when a general hardship prevails in a given area, when new extensive developments affecting the use of land are being planned.
(Ord. 2019-39. Passed 8-13-19.)
1113.02 INITIATION OF AMENDMENT.
A proposed amendment to the zoning text or Map may be initiated either by a property owner, the Mayor, Planning and Zoning Commission or a member of Council. If initiated by a property owner, the Mayor or Council, the ordinance to amend the Planning and Zoning Code shall be referred to the Commission before action is taken by Council.
(Ord. 2019-39. Passed 8-13-19.)
1113.03 ACTION BY COMMISSION.
The Planning and Zoning Commission may approve or disapprove a proposed amendment, either in whole or in part, and submit its recommendation to Council.
(Ord. 2019-39. Passed 8-13-19.)
1113.04 ACTION BY COUNCIL.
(a) Upon receiving the recommendation of the Planning and Zoning Commission on a proposed amendment, or in the event no action is taken by the Commission on the proposed amendment within 45 days after (i) the referral by Council, or (ii) 60 days after a complete rezoning application is received from a property owner, Council shall hold a public hearing. For all proposed text or Map amendments, notice shall conform to the requirements of Section 1109.09 of the Planning and Zoning Code.
(b) After the public hearing, Council may adopt the proposal whether it is recommended or not recommended by the Commission by majority vote of those elected to Council. If Council modifies the proposal, it may resubmit the proposed modification to the Commission for further consideration. The Clerk of Council shall submit to the Commission a copy of any action taken by Council in regard to the Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19; Ord. 2019-56. Passed 11-25-19.)
1113.05 CURRENT RECORD OF TEXT AND MAP.
The Administrator shall maintain a permanent and current record of the Planning and Zoning Code showing all amendments to the text and Map.
(Ord. 2019-39. Passed 8-13-19.)
1113.06 DETERMINATION OF SIMILAR USES.
(a) Upon application for a permit for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts, or on its own initiative, additions or clarifications thereto may be made by the Planning and Zoning Commission, in compliance with the following standards:
(1) Such use is not listed in any other classification of permitted buildings or uses and is not specifically prohibited in this Planning and Zoning Code;
(2) Such use is more appropriate to, and conforms more closely to the basic characteristics of the classification to which it is to be added than to any other classification;
(3) Such use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than the other uses listed in the classification to which it is to be added; and
(4) Such use does not generate traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(b) The Planning and Zoning Commission may recommend such additions or clarifications to Council. If Council, by a majority vote of its members, concurs with the recommendation of the Commission, such use shall be deemed to be similar and permitted in the requested use district. No public hearing shall be required to include the similar use in a use district.
(Ord. 2019-39. Passed 8-13-19.)
1115.01 INTENT.
In order to maintain and enhance the distinctive character of the Municipality these regulations are established to achieve, among others, the following objectives:
(a) To preserve and protect the public health, safety and welfare by maintaining the high character of community development;
(b) To protect the real estate within the Municipality from impairment or destruction of value by regulating, according to proper architectural principles, the design, use of materials, finished grade lines and orientation of all new buildings, signs and structures, hereafter erected and the moving, alteration, improvement, repair, addition, or demolition of the exterior of all existing buildings; and
(c) To consider the historical and architectural nature of existing buildings, signs and structures within the Municipality and the compatibility of proposed changes or proposed new buildings, signs and structures with such existing buildings, signs and structures.
(Ord. 2019-39. Passed 8-13-19.)
1115.02 APPLICABILITY AND LIMITATIONS.
(a) Applicability. No building or other structure in the Municipality shall be erected, altered in exterior construction or appearance, enlarged, moved or demolished unless such action complies with the provisions of this chapter. The painting of buildings and structures shall not be governed by these regulations nor buildings considered Historic that are regulated under Chapter 1146.
(b) Limitation. In administering these provisions, it is not intended to insist that new construction or alterations copy either existing architectural styles or existing decorative detail. Further, the Architectural Board of Review shall not be overly restrictive in its judgment of structures not highly visible from a public street or public property, except where such construction or alteration would materially and adversely affect another property.
(Ord. 2019-39. Passed 8-13-19.)
1115.03 ADMINISTRATIVE PROCEDURES.
The following procedures are established to govern the processing of applications for building permits and other municipal authorizations in accordance with the regulations of this chapter.
(a) Mandatory Referral. As directed by Section 1109.05(b)(1), all requests for building permits shall first be referred to the Architectural Board of Review for a determination of compliance with the provisions of the Planning and Zoning Code.
(b) Grade. Where an applicant for a building permit proposes to change the existing grade of a lot by more than three (3) inches, the Architectural Board of Review shall review such change to ensure that the proposed building elevations and site grading are compatible with contiguous property and that the proposed building or structure meets the standards set forth in Section 1115.04.
(c) Conformance. Construction shall be in conformance with an approved Final Plan. No material changes shall be made to an approved Final Plan prior to or during construction. If the Administrator determines that any action has caused a material change to an approved Final Plan, the applicant plan shall be referred back to the Architectural Board of Review for consideration of such change, All work related to the Final Plan shall cease and the Administrator shall suspend any permit issued in reliance upon such approval until the change in the Final Plan is finally resolved.
(d) Appeal. An appeal to the Board of Zoning Appeals shall be made in accordance with Chapter 1111 of the Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1115.04 STANDARDS OF REVIEW.
The Architectural Board of Review has the authority to regulate, according to proper architectural principles, the design, use of materials, finished grade lines and orientation of new construction, and to make recommendations to the applicant regarding the proposed design. In conducting its review, the Architectural Board of Review shall:
(a) Consider and take cognizance of the development of adjacent, contiguous, and neighboring properties for the purpose of achieving safe, harmonious, and integrated development of related properties;
(b) Consider the Village of Chagrin Falls Design Guidelines adopted by the Council on October 10, 2005, and as may thereafter be amended, as well as design standards of Section 1115.07;
(c) Consider the relationship of each design element to the building or structure as a whole;
(d) Consider the potential for the design, by virtue of its location, to materially and adversely impact another building or property; and
(e) State reasons to support its decision as required by Section 1109.05((b)(1)(E) of the Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1115.05 DEMOLITION AND MOVING.
The demolition or moving of a building or structure shall be permitted only after the applicant has obtained all permits required to be issued by the Planning and Zoning Code and other applicable ordinances of the Municipality. The applicant shall obtain preliminary and final approval from the Architectural Board of Review for the building or structure that is to replace it. (Ord. 2019-39. Passed 8-13-19.)
1115.06 MAINTENANCE REQUIREMENTS.
(a) Nothing in this chapter shall be construed to prevent or delay the reconstruction, alteration or demolition of a structure or feature which has been ordered by the Administrator upon certification of an unsafe condition constituting an emergency.
(b) Similarly, nothing in this chapter shall be construed to govern or restrict routine maintenance activities, which do not represent alterations in exterior appearance.
(Ord. 2019-39. Passed 8-13-19.)
1115.07 SUPPLEMENTAL REGULATIONS.
Design Guidelines relating to responsibilities and duties of the Architectural Board of Review based on the foundation of the Charter and Codified Ordinances of the Municipality were adopted by Council on October 10, 2005. For additional design regulations for specific uses or zoning districts, refer to the following among others:
(a) Building and site design regulations for attached single family development in the ASF District as set forth in Sections 1127.07.
(c) Building and site design regulations for multifamily development as set forth in Section 1129.07.
(d) Building and site design regulations for attached single family development and multifamily development in the RMU District as set forth in Sections 1130.09.
(h) Modification of side yard setback requirements in the Office District as set forth in Section 1135.04.
(i) Modification of side yard setback requirements in the Retail Business District as set forth in Section 1137.04.
(j) Modification of side yard setback requirements in the Central Shopping District as set forth in Section 1138.04.
(Ord. 2019-39. Passed 8-13-19.)