Chardon City Zoning Code
TITLE ONE
General Provisions and Administration
1101.01 TITLE.
(Ord. 3273. Passed 5-9-24.)
1101.03 AUTHORITY AND SCOPE.
The Planning and Zoning Code is adopted by the City pursuant to its authority under the Ohio Constitution, the Ohio Revised Code and the City of Chardon Charter and is intended to authorize the City to exercise all of the powers to zone land and regulate its development to the fullest extent permitted by the Ohio Constitution, Revised Code and the City Charter and to impose restrictions and adopt regulations, standards and procedures for zoning, planning, subdividing, and developing land within the City.
(Ord. 3273. Passed 5-9-24.)
1101.05 PURPOSE.
The Planning and Zoning Code establishes zoning districts and regulates and restricts the development and use of land in each district to promote conformance with the City's Comprehensive Plan, as amended; to protect the character and value of the City's residential, business, industrial, institutional and recreational areas; and the public health, safety, convenience, prosperity, and general welfare. Specifically, the Planning and Zoning Code is intended to:
(a) Promote the orderly development of the City of Chardon in accordance with the City's land use policies.
(b) Establish land use districts of such classification and number which implement the City's Comprehensive Plan and the Planning and Zoning Code and which permit in each district the most appropriate uses of land to guide the future development of the City.
(c) Encourage compatibility between different land uses and protect existing development from the adverse impact of incompatible uses.
(d) Preserve structures with historical significance within the City.
(e) Stabilize, preserve, and maintain property values and provide adequate light and air and open space to all residents of the City.
(f) Regulate and restrict the location, size, height, design, and land coverage of buildings.
(g) Preserve unique, natural features of land within the City.
(h) Regulate the size and dimensions of lots, yards, setbacks, and other open areas to require adequate open space for light and air.
(i) Regulate and limit the density of population.
(j) Promote efficient vehicular traffic circulation by regulating the location of buildings and uses adjacent to streets in order to reduce interference with traffic movement, minimize traffic congestion and improve public safety.
(k) Administer, amend and enforce the Planning and Zoning Code.
(l) Promote, establish and preserve a reasonable balance of commercial and industrial activities within the City, consistent with the City's residential character; the objectives and purposes stated herein; provide essential services, maintain and expand a strong economic and tax base: and protect the welfare of the residents.
(m) Guide the future development of the City in accordance with the Comprehensive Plan and reduce legal nonconforming land and building.
(n) Regulate the development of land to promote harmonious and stable neighborhoods and subdivisions.
(Ord. 3273. Passed 5-9-24.)
1101.07 APPLICABILITY.
(a) No building, structure, parking lot or regulated open space shall be located, erected, constructed, rehabilitated reconstructed, moved, converted, or enlarged, nor shall a building, structure or land be used, except in compliance with the Planning and Zoning Code.
(b) Existing lots, buildings, structures and uses of land that do not comply with the Planning and Zoning Code are subject to the regulations in Chapter 1123 (Nonconforming Uses, Lots, and Structures).
(c) The design and layout of a subdivision shall conform to the requirements of the Planning and Zoning Code and no lot or land for which a plat is required shall be conveyed until the plat has been approved as required herein.
(Ord. 3273. Passed 5-9-24.)
1101.09 CONFLICT WITH COMPREHENSIVE PLAN.
The Planning and Zoning Code is intended to implement the planning policies adopted by the Council and incorporated into the City of Chardon Comprehensive Plan and other Master Plan documents. If the Planning and Zoning Code conflicts with the Comprehensive Plan or other Master Plan documents, the Planning and Zoning Code and any amendment thereto shall control.
(Ord. 3273. Passed 5-9-24.)
1101.11 SEVERABILITY.
The separate sections of the Planning and Zoning Code and the provisions thereof are hereby declared to be independent of each other. If any provision of the Planning and Zoning Code, or amendments thereto, is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of that section or remaining sections of the Planning and Zoning Code or amendments thereto.
(Ord. 3273. Passed 5-9-24.)
1101.13 INTERPRETATION AND APPLICATION.
(a) The provisions of the Planning and Zoning Code are minimum requirements, and shall be applied for the protection of the public health, safety, and general welfare; and shall be construed to further the objectives, purposes and intent of the Planning and Zoning Code.
(b) No provision of the Planning and Zoning Code shall repeal, abrogate, annul, amend, modify, impair or interfere with existing deed or plat restrictions, restrictive covenants, easements, agreements between parties relating to the use of property, ordinances, municipal standards or specifications, rules, or permits.
(c) When the Planning and Zoning Code imposes more restrictive requirements upon the use of a building than imposed by regulations of the State of Ohio, other City of Chardon ordinances, or municipal standards and regulations, the provisions of the Planning and Zoning Code shall govern. Conversely, other regulations shall govern where they are more restrictive in nature than the Planning and Zoning Code.
(d) Conflicts or inconsistencies between provisions of the Planning and Zoning Code shall be resolved as prescribed in Codified Ordinance Section 101.06.
(Ord. 3273. Passed 5-9-24.)
1101.15 ANNEXATION.
(a) The Clerk of Council shall notify the Community Development Administrator forthwith upon receipt of a certified transcript of annexation proceedings from the Board of County Commissioners and transmit a copy thereof to Secretary of the Planning Commission. The Planning Commission shall recommend the zoning classification prior to Council's adoption of an annexation ordinance. Unless otherwise stated in the ordinance annexing lands to the City of Chardon, the zoning classification of territory annexed shall be zoned pursuant to Chapter 1119 (Amendments).
(b) If Council does not designate a zoning classification in the annexation ordinance, the territory annexed shall be classified as R-1 Residence District.
(c) Annexation shall be subject to the provisions of the City of Chardon Charter Section 3.06(o). (Ord. 3273. Passed 5-9-24.)
1101.17 EFFECTIVE DATE.
The Planning and Zoning Code and the Official Zoning District Map shall take effect and be in full force and effect from and after the earliest date allowed by law.
(Ord. 3273. Passed 5-9-24.)
1101.19 REPEAL OF EXISTING CODE.
1103.01 RULES OF CONSTRUCTION AND INTERPRETATION.
The terms or words used in this Planning and Zoning Code shall be interpreted according to this Section.
(a) References to Public Entities, Officials and Agencies.
(1) The words "Chardon" "city" and "municipality" mean the City of Chardon, Ohio.
(2) All public officials, bodies, and agencies to which references are made in this code are those of the City of Chardon, Ohio, unless otherwise expressly stated.
(b) References to Regulations.
(1) The word "Code" and "Planning and Zoning Code" shall mean the Planning and Zoning Code of the City of Chardon Ohio, as currently in effect and as may hereafter be amended.
(2) Whenever reference is made to the Ohio Revised Code (or as abbreviated ORC or RC), or any other statute, ordinance, or resolution, that reference shall be construed as referring to the edition of such regulation (as amended), resolution, statute, or document or to the relevant successor document, unless otherwise expressly stated.
(c) Intent. All provisions, terms, and phrases contained in this code shall be construed according to this code's and each chapter's stated purpose and intent.
(d) The text of the Code shall control when the text is inconsistent or in conflict with the illustration or caption are.
(e) The word "shall" is mandatory and not permissive; the words "may" or "should" are permissive and not mandatory.
(f) The words "used" and "occupied" shall be interpreted as the phrase "arranged, designed, constructed, altered, or intended to be used."
(g) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(h) Whenever a number of days is specified, days shall mean calendar days unless specifically noted otherwise.
(Ord. 3273. Passed 5-9-24.)
1103.03 DEFINITIONS.
(a) Words, phrases, and terms not defined in this Chapter 1103, or the City of Chardon Administrative Code or Street, Sidewalk and Public Utilities Code, shall be given their usual and customary meanings, except where the context clearly indicates a different meaning.
(b) For the purpose of the Planning and Zoning Code, the following terms shall have the meaning herein indicated:
Abut. To physically touch or border upon; or to share a common property line.
Accessory structure or use. A structure or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure or use.
Adjacent. Two (2) properties, lots, or parcels are "adjacent" where they abut, or where they are separated by an alley, roadway or street, right-of-way, or railroad line, or any stream, lake, or other body of water. See also abut.
Adult entertainment and adult oriented businesses. "Adult entertainment" or an "adult oriented business" is one which is designated and used to sell, rent or show sexually explicit materials distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" as herein defined and is more particularly, but not exclusively, defined as meaning an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, or massage business. The definition of "sexually oriented business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy. Adult entertainment and adult oriented business shall mean any of the following type of establishments:
Adult Arcade. A place open to the public where coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities (CO. 737.02(n)) or specified anatomical areas (CO. 737.02(o)).
Adult Bookstore, Adult Novelty Store, or Adult Video Store. A commercial establishment which has a significant or substantial portion of its stock in trade in, or derives a significant or substantial portion of its revenues from, or devotes a significant or substantial portion of its interior sales business area or advertising to, or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;
(b) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
Adult Cabaret. A nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(a) Persons who appear semi nude,
(b) Live performances which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or specified sexual activities, or
(c) Films, motion pictures, videocassettes, digital video discs ("DVDs"), slides, photographic reproductions or closed circuit live feeds which are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas (CO. 737.02(o)).
Adult Motel. A motel, hotel, or similar commercial establishment which:
(1) Offers public accommodations, for any form of consideration, and
(2) Which regularly provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, DVDs, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas and
(3) Which regularly advertise the availability of such material by means of a sign visible from the public right of way, or by means of any off premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, and
(4) Offers a sleeping room for rent for a period of less than ten (10) hours.
Adult Motion Picture Theater. A commercial establishment where films, motion pictures, videocassettes, DVDs, slides, photographic reproductions or live closed circuit performances which are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features: (1) persons who appear semi nude or (2) live performances which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or specified sexual activities.
Sexual Encounter Establishment. A business or commercial establishment which, as one of its principal business purposes, offers, for any form of consideration, a place where two (2) or more persons congregate, associate, or consort for the purpose of engaging in or viewing specified sexual activities or at least one of them appearing in a state of semi nudity. The definition of "sexual encounter establishment" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.
Agriculture. The principal use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the usual and customary accessory uses for sale of agricultural products; provided that the operation of such accessory use shall be secondary to the agricultural activities. Agriculture does not include the feeding of garbage or offal to swine or other animals raised for sale. A use shall be classified as agricultural only if it is the principal use of the parcel.
Airport. A runway, land area, or other facility designed or used either publicly or privately for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tiedown areas, hangars, and other necessary buildings and open spaces.
Animal Boarding Facility. A commercial establishment wherein three (3) or more domesticated animals more than four (4) months of age are kept or maintained overnight for commercial purposes such as boarding, breeding, and selling, and which may offer minor medical treatment. This use includes commercial kennels and pet shelters but excludes animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians.
Animal Day Care/Animal Grooming. A facility where the care and supervision of cats and dogs is provided but which does not include any overnight boarding or outdoor kennel. This use type shall also include establishments where the primary service provided is the cleaning and grooming of domestic pets including bathing, brushing, combing, nail and hair trimming, etc., and where there are no boarding facilities. The facility may also provide services such as obedience classes, training, or behavioral counseling.
Animal Hospital/Clinic. A facility operated under the supervision of a licensed veterinarian where domestic animals are given medical or surgical treatment and the boarding of animals incidental to treatment does not exceed 30 days.
Assembly Hall. An establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduations parties and business or retirement functions. A banquet hall or rental hall is an assembly hall.
Assisted Living Facility. A licensed residential care facility residence for adults that provides rooms, supervision, meals, housekeeping, and personal care services as described in the Ohio Revised Code, and skilled nursing care as defined by the Ohio Revised Code but subject further to the limitation that such skilled nursing care shall not be administered to any one resident in excess of one hundred eighty (180) days for each period of three hundred sixty-five (365) days, to individuals who are dependent on the services of others by reason of age or physical or mental impairment and shall be the primary functions of the facility.
Basement or Cellar. The portion of a building located partly underground having at least one-half (1/2) of its clear floor to ceiling height below the average grade of the surrounding ground.
Bed and Breakfast Establishment. A residential building, , where overnight lodging is offered to the public for compensation at a daily rate, containing no more than seven (7) guest rooms, each of which is open to occupancy for periods of less than one week, and with not more than one kitchen facility to serve and/or be available for use by guests. The term "bed and breakfast" does not include: "rooming house", "hotel (or motel)", "inn", "restaurant-table service", or "restaurant counter service".
Berm. An earthen mound located outside the public right of way designed to provide visual interest, screen abutting property, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the berm.
Bikeway & Pedestrian System Plan. The City of Chardon Bikeway & Pedestrian System Plan adopted by Ordinance 2582, April 20, 2010.
Block Face. A single side of a dedicated street including parcels and public right of way running between intersecting streets.
Brewery, Distillery or Winery Production Facility. An establishment that produces a quantity that exceeds the allowance for a "micro-brewery", "micro-distillery", or "micro-winery" production facility, as defined in this zoning code.
Brewpub. A restaurant with an onsite micro production facility that sells twenty-five percent (25%) or more of its product on site.
Buffer or Buffer Yard. A combination of physical space and vertical elements, such as plants, berms, fences, or walls, which separate and screen incompatible land uses from each other.
Building Height. The vertical distance measured from the adjoining curb grade to the highest point of the roof surface of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and the ridge line for a gable, hip or gambrel roof, each of which is measured from the average elevation of the finished grade along the front of the building.
Building Line. An imaginary line extending from both sides of the building parallel or substantially parallel to the street right of way line which define the limits of the front yard, or in the case of a corner lot, the corner side yard.
Building Material Sales. Any lot or premises where lumber and other materials including but not limited to bricks, pipe, tile, cement, insulation, roofing materials, landscaping materials (including mulch and soil in bulk), heating and plumbing supplies, electrical supplies, paint, glass and floor and wall coverings and the like are sold at retail.
Building, Accessory. A separate building on a lot with a principal building or main use which is incidental and accessory to the principal building or main use.
Building, Principal. A building occupied by the main use of the lot on which building is located.
Building. A completely enclosed structure having one (1) or more floors and a roof supported by columns or walls, and designed or intended for the shelter or protection of persons, animals or property.
Caliper. The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six (6) inches above the ground up to and including four (4) inch caliper size, and twelve (12) inches above the ground for a caliper size greater than four (4) inches.
Car wash. A building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may be a self serve, a production line with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
Carport. A roofed structure with a foundation, enclosed on not more than three (3) sides that provides space for the parking of vehicles.
Cemetery. Land used or intended to be used for the burial of the human or animal dead, mausoleums and mortuaries if operated in connection with, and within the boundaries of, a cemetery. A cemetery does not include a crematorium.
City Engineer. The Municipal Engineer of Chardon, Ohio.
Cluster Infill Development. A residential development located on a vacant site in an already developed area in which the dwelling units and accessory uses are grouped together with reduced lot sizes, and may be attached, and which includes permanently preserved open space.
College/University, Trade or Vocational School. Any private or public secondary educational institution that includes, but is not limited to: secretarial schools, colleges and universities, business schools, post-secondary trade schools, seminaries, or any other institution providing collegiate level curriculum.
Commercial Motor Vehicle. Any motor vehicle designed or used to transport persons, property, merchandise or freight primarily for profit that meets any of the following qualifications:
(a) Any combination of vehicles with a combined gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
(b) Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of 10,000 pounds;
(c) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, and that is either designed to transport sixteen or more passengers including the driver, or is required to be placarded for hazardous materials by regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended;
(d) Any school bus with a gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than sixteen passengers including the driver;
(e) Any single vehicle or combination of vehicles transporting hazardous materials for which placarding is required by regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended;
(f) Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is classified by the Federal Highway Administration as a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.
Commercial Recreation, Indoor. A facility primarily used for indoor recreational activities and secondarily to view such activities, including, but not limited to, a health club, indoor driving range, volleyball court, bowling alley, ice or roller skating rink, billiard hall, video game center, archery range, soccer field or basketball court, and which may include an accessory retail shop for the sale of related equipment and refreshments. A health club is an indoor commercial recreation facility.
Commercial Recreation, Outdoor. A facility primarily used for outdoor recreational activities, and secondarily for view such activities and which may include an accessory retail shop for the sale of related equipment and refreshments. Such a facility may include one or more structures including, but is not limited to, a golf or mini golf course/facility, tennis, softball, basketball or volleyball court, soccer, baseball or football field, or amusement or water park.
Common Area. A land area, with or without structures that is held in common ownership by the residents through a homeowners' association, community association, or other legal entity, or which is owned by the individual members of a condominium association as tenants in common.
Community Center. A building or group of buildings operated by a public or nonprofit group or agency and used for recreational, social, educational or cultural activities that are open to the general public.
Community Development Administrator. The individual designated to administer and enforce the Planning and Zoning Code of the City of Chardon, Ohio.
Community Indoor Recreation Facility. A building used for the meeting, recreation, or social activity designed to accommodate and serve the residents of a subdivision or development to which the use is associated with and is privately owned or jointly owned by property owners through a homeowners association or other non profit organization and open only to the members and guests thereof.
Community Outdoor Active Recreation Use. Any park or recreation facility, or portion thereof that is owned or operated by a government or non-profit agency where the activity requires grading of the land, construction of facilities, lighting, or is developed for athletic fields, tennis courts, swimming pools, skate parks, disc golf, golf course and other similar outdoor facilities.
Compliance, Certificate of Zoning. An official written determination that a building, other structure or parcel of land complies with all the provisions of applicable existing codes, or is a lawfully nonconforming building or use which may be occupied and used lawfully for the current activities thereon.
Comprehensive Plan. The City of Chardon, Comprehensive Plan Update (adopted 2019) and as thereafter amended or updated which is intended to guide the growth and development of the City.
Condominium. A building or development containing multiple individual owners' dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of a homeowners' association and/or Ohio law.
Conference Center. A commercial facility used for assemblies or meetings, and may have exhibition space for trade shows but does not include banquet halls, clubs, lodges or other meeting facilities of private or nonprofit groups that are used primarily by group members.
Congregate Care Facility. A residential facility that provides for the needs of individuals who are elderly or handicapped. The facility shall consist of residential dwelling units or rooms designed specifically for the elderly or handicapped, and may have common social, recreational, dining and food preparation facilities; and may provide for the needs of those able to live independently or residents with a range of personal limitation and medical impairments that require nursing care.
Conversion. Any modification or change to an existing building which is intended to, or actually does, increase or decrease the number of dwelling units or rooming units.
County. Geauga County, Ohio.
Crematorium. A facility at which a cremation chamber is located and the cremation process takes place. It does not include an infectious waste incarceration facility or a solid waste incineration facility.
Cultural Institution. A public or private facility that provides for the display, performance, or enjoyment of heritage, history or arts. This includes, but is not limited to, facilities that preserve scientific or artistic objects, including a museum, art gallery, aquarium or planetarium, but does not include movie theaters.
Day Care Center. A commercial facility that provides individuals with care for less than twenty-four (24) hours per day including, but is not limited to a day nursery, nursery school, pre school, adult day care center, or other supplemental care facility. This term does not include a family day care home, or care that is provided in a residence.
Deciduous Tree. A tree with foliage that sheds its leaves at the end of a growing season and regrows them at the beginning of the next growing season.
Density, Gross. Gross density means the number of dwelling units permitted per acre of total land area.
Density. The number of dwelling units permitted per acre of land.
Developer. An individual(s), or legal entity such as the owner or agent, which commences proceedings to develop land under the Planning and Zoning Code.
Development. The improvement or alteration of land or structures thereon which requires a permit from the City including but not limited to construction, reconstruction or alteration of buildings, structures and utilities; earth moving activities, mining, dredging, paving, drilling operations; or the use or subdivision of land. Routine repairs and maintenance are not "development".
Diameter at Breast Height (DBH). The diameter of a tree trunk measured in inches at a height of four and one-half (4.5) feet above ground. If a tree splits into multiple trunks below four and one-half (4.5) feet, the trunk is measured at its narrowest point below the split.
Drive Thru Facility. A building, portion of a building or free-standing structure from which business is transacted directly with customers in a motor vehicle during such business transactions. The term "drive thru" shall also include a "drive up" or "drive in" facility, but shall not include a car wash, gasoline station or motor vehicle service station.
Dwelling Unit. One (1) or more rooms used by one family comprising living, dining, sleeping rooms and storage closets with space, fixtures and equipment for cooking, bathing and toilet facilities.
Dwelling, Attached Single Family. Three (3) or more dwelling units in one (1) building that are structurally attached and adjacent to one another, each dwelling unit being separated from the adjoining unit or units by a wall without openings or offset extending from the basement floor to the roof. Each such building shall be separated from any other buildings by space on all sides, and have elements such as individual ground floor entrances from the outside, individual utility services and which may contain attached garages.
Dwelling, Detached Single Family. A dwelling unit designed for and occupied by one family situated on a lot having a front, side and rear yard and separated from all other dwelling units by open space on all sides. The dwelling does not need to be located on its own subdivided lot, but shall comply with the requirements for such dwellings in this Planning and Zoning Code. See also Figure 1103.03(a), Detached Single Family Dwellings.
Dwelling, Detached Single-Family.
Dwelling, Multi Family. A building designed for three (3) or more dwelling units, occupied by families living independently of each other, which does not meet the definition of attached single family dwelling units.
Dwelling, Two Family. A building designed for or converted to contain two dwelling units, occupied by families living independently of each other; or two independent dwellings on one fee simple lot
Dwelling. A building or portion thereof containing one (1) or more dwelling units designed for residential occupancy, including a "single family", "two family" and "multi family" dwellings as defined herein.
Earth Moving Activity. Grading, excavation, filling or other alteration of the earth's surface where natural or manmade ground cover is destroyed or disturbed, the soil is removed or relocated, and which activity may result in, or contribute to erosion and sediment pollution or redirection of surface water drainage patterns. "Earth moving activity" does not include tree cutting without concurrent stump removal.
Easement. A right to the use of land granted by the owner to other parties for a specific purpose, such as public utility lines, access to other properties or drainage.
Entertainment Device Arcade" or "Arcade. A business, establishment, room or place where four (4) or more entertainment devices are kept for use by the public or by persons other than the owner of the devices, where persons giving anything of value to access the use of the entertainment devices or the premises, and the person may be given anything of value by the operator, whether the giving occurs on or off the premises or at the same time or a later time.
Entertainment Device. Any mechanical, electronic, video or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a person, for the purpose of playing a game, viewing a video display, hearing an audio transmission or reading entries or outcomes from any other kind of device. "Entertainment device" does not include a vending machine, juke box, audio book, video player or device where the only value given, directly or indirectly, is to play a video or audio transmission or the playing of a game with no expectation of receiving a thing of value from the operator.
Equipment Sales/Rental/Service. Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar equipment, and the rental or sale of recreational and commercial motor vehicles. This term includes the storage, maintenance, and servicing of equipment offered for rent.
Façade. The portion of any exterior elevation on the building that extends from grade to the top of the parapet, wall, or eaves and the entire width of the building elevation.
Family Day Care Home, Type B. A permanent residence of the provider in which childcare is provided for one to six children at one time and in which no more than three (3) children are under two (2) years of age at one time. In counting children for the purposes of this division, any children under six (6) years of age who are related to the provider and who are on the premises of the type B home shall be counted; or as defined in the Ohio Revised Code. "Type B family day care home" and "type B home" do not include any child day camp.
Family. One individual, any number of individuals related by blood, marriage, adoption, or foster children as defined (see "foster child") plus not more than two (2) additional persons not related as set forth above, or not more than five (5) unrelated individuals occupying a dwelling unit as their primary place of residence. In each situation, all members of such family are living together as a single housekeeping unit and using one common kitchen facility. "Family" does not include groups occupying a hotel or motel or other transient lodging facility as herein defined; nor a facilities or house manager. Notwithstanding the provisions of this definition, no family unit shall exceed in total number those persons permitted under the applicable provisions of the Housing Code describing required habitable floor and bedroom areas for each occupant.
Fence, Ornamental. A fence constructed for its aesthetic or decorative effect which, when viewed at a right angle, has at least seventy five percent (75%) of the area of its vertical plane open to light and air. Ornamental fences include:
(a) "Rail fence" or "split rail fence" A fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts; and,
(b) Wrought iron fences, decorative steel fences, and aluminum fences.
Fence, Opaque. A fence constructed in a way that limits the view through the fence in such a way that when viewed at right angles, has less than sixty percent (60%) of the area of its vertical plane open to light and air.
Fence, Privacy. A fence constructed to limit or to inhibit public view of the lot and provide seclusion which, when viewed at right angles, has less than twenty five percent (25%) of the area of its vertical plane open to light and air. Privacy fences include:
(a) "Basket weave fence" or "woven fence" which is a fence made of interwoven strips or slats of flexible or semi flexible material in which the pattern has the appearance of a plaited basket.
(b) “Louver fence" or "ventilating fence" which is a fence made of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
(c) "Board on board fence" or "picket fence."
(d) "Stockade fence" or "palisade fence" which is a fence constructed with a row of stakes, pales or pickets placed upright against each other and having at least fifty percent (50%) of the area of its vertical plane closed to light and air.
Fence. A structure constructed of wood, masonry, stone, chain link, non-vinyl clad, wire, metal, or other manufactured material or combination of materials erected and positioned in such a manner to enclose or partially enclose, screen all or part of a lot or premises.
Financial Institution. An establishment providing retail banking, credit and mortgage services and regulated by an agency of the State of Ohio or federal government. Financial institutions may include, but are not limited to, commercial banks, loan or mortgage companies, stockbrokers, savings institutions, credit unions, and other similar uses. This term shall not include a currency exchange, a payday loan agency or a title loan agency.
Flag. Any fabric, banner or bunting used as a symbol of government, political subdivision, corporate or commercial entity, or institution; or used to convey a message, or advertise as a sign would be used.
Fleet Vehicles. One (1) or more cars, trucks, vans, and/or other vehicles, including motorized equipment and associated trailer needed to transport the equipment, which are owned by the operator of the principal use and used in the operation thereof, but not including a privately owned customer or employee vehicle.
Floor Area, Gross. The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building, or from the center line of a common wall separating two (2) or more units of a building, and including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial activities related to the principal use, not including storage, it shall be counted as floor area in computing off-street parking requirements.
Food Processing. The preparation, storage, or processing of food products, and including but not limited to activities such as bakeries, dairies, canneries, and other similar food product operations.
Footcandle. A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.
Forestry. Growing and caring of trees for commercial purposes, including the cutting and marketing of timber.
Foster Child. A person under eighteen (18) years of age who is placed in a dwelling unit by an institution or agency licensed or approved by the State of Ohio to place children in foster care.
Full Shielded or Full Cut Off Type Fixture. An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light emitting part of the fixture.
Funeral Home. A building or part thereof used for human funeral services. The following are permitted activities or an accessory use of a funeral home:
(a) Embalming and the performance of other services used in preparation of the dead for burial;
(b) Performing autopsies and other surgical procedures;
(c) Storing caskets, funeral urns, and other related funeral supplies;
(d) Storage funeral vehicles;
(e) Cremation facilities;
(f) A funeral chapel.
Garage. A building, or part thereof, used or intended to be used for the parking and storage of vehicles.
Gasoline Station. An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by a station attendant or by persons other than the station attendant and may include accessory facilities available for the selling of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products.
Glare. Direct light that causes annoyance, discomfort or loss in visual performance and visibility.
Group Home, Large. A licensed residential facility that complies with the regulations of either ORC 5119.341(B) for residential facilities for six (6) to sixteen (16) persons with mental health issues or ORC 5123.19(N) residential facilities for nine (9) to sixteen (16) persons with developmental disabilities.
Group Home, Small. A licensed residential facility that complies with the regulations of either ORC 5119.341(A) for residential facilities accommodating up to five (5) persons with mental health issues or ORC 5123.19(M) residential facilities accommodating up to eight (8) persons with developmental disabilities, or an unlicensed residential facility accommodating up to five (5) persons whose living arrangements constitute a family as defined in this Planning and Zoning Code.
Health Club. A facility designed and used for the conduct of indoor sports and exercise activities, along with related locker and shower rooms, offices and classrooms, where use is limited to members and guests.
Heliport. Any structure, improvement, or area provided for helicopter landings or take offs.
Historic District. A geographically definable area with a significant concentration, linkage or continuity of similar sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development.
Home-Based Business/Occupation. A business activity or an occupation carried on in a dwelling unit by a resident or residents thereof, which is incidental and secondary to the residential use of the dwelling unit.
Homeowners' Association. A community organization of which the property owners in a development, subdivision, Planned Residential Development or condominium are owners and which owns the open space, landscaping, private roads, and other facilities and is responsible for the maintenance thereof
Hospital. A facility which provides accommodations and medical treatment for sick and injured patients which may include pediatrics, obstetrical, medical, surgical, psychiatric or extended care services.
Hotel/Motel. A building, portion thereof, or group of buildings, which provides rooms with sleeping accommodations for transients on a daily or weekly basis and other services incidental thereto and which may be designated as a hotel, motel, motor lodge, tourist cabin, or otherwise.
Household. A family living together in a single dwelling unit, with common access to and common use of the entire living area, including facilities for the preparation and serving of food within the dwelling unit.
Improvements. Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites. The term "improvement" does not include maintenance of an existing development feature.
Landscaped Area. An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.
Lattice. A vertical framework or structure of crossed metal strips to which antennas are affixed.
Library. A facility in which literary, musical, artistic or reference materials, such as books, manuscripts, computers, recordings or films are kept for use or loaning to patrons, but are not normally offered for sale.
Light Trespass. Light in sufficient quantity that crosses over property boundaries, impacts surfaces, and produces a negative response in persons owning or using the violated space.
Loading Space, Off Street. An area located outside of the public right of way and on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of vehicles entering the premises for loading or unloading merchandise or materials.
Lot Coverage. That portion of a lot, which when viewed directly above, would be covered by a building or structure, parking and loading areas and other surfaces that are impermeable or substantially impervious to water. The ratio of the total ground area covered by all buildings on the lot to the total area of the lot (total building area divided by total land area).
Lot Frontage. That portion of the lot extending along the street right of way.
Lot Line, Property Line. The boundary line defining the limits of the lot.
(a) Lot Line, Front: The line separating an interior lot from a public street right of way, or the pavement of a private street on which the lot fronts. On a corner lot, the street right of way with the least amount of street frontage shall be the front lot line. On a through lot, each lot line that abuts a street shall be a front lot line.
(b) Lot Line, Rear: The lot line opposite and most distant from the front lot line; or in the case of a triangular or otherwise irregularly shaped lot, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
(c) Lot Line, Side: Any lot line other than a front or rear lot line.
Lot of Record. A lot in a subdivision, the plat of which has been recorded in the office of the Geauga County Recorder of, or a parcel of land described by metes and bounds, the deed to which was recorded prior to adoption of this Planning and Zoning Code.
Lot Size. The total area contained within the lot lines, excluding of any portion of the public right of way.
Lot types. Terminology used in this Planning and Zoning Code with reference to a corner lot, interior lot and through lot, as follows. See also Figure 1103.03(b) for an illustration of lot types.
(a) Lot, corner. A lot which adjoins the point of intersection or meeting of two (2) or more streets.
(b) Lot, interior. A lot abutting or with frontage on only one (1) street.
(c) Lot, through: A lot having frontage on either parallel or approximately parallel streets or on two (2) streets which is not a corner lot.
Illustration of Lot Types
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line.
Lot, Zoning. A parcel of land not separated by street or alley that is designated by its owner or developer to be used, developed, or built upon as a unit under single ownership at the time of applying for a zoning certificate. A zoning lot may consist of:
(a) A single lot of record, or;
(b) A portion of lot of record, or;
(c) A combination of complete lots and portions of lots of record, or portions of lots of record.
Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
Major Development. A commercial or industrial construction project on a zoning lot of more than five (5) acres; a residential development including, but not limited to, a major subdivision, a planned residential development or cluster development.
Manufactured Home Park. As specified in the Ohio Administrative Code 3701 27 01, a manufactured home park is a tract of land upon which two (2) or more manufactured homes used for habitation are parked, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park.
Manufactured Home. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
Marijuana means all parts of a plant of the genus cannabis, whether growing or not, the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture or preparation of a plant of that type or of its seeds or resin. "Marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, any other compound, manufacture, sale, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Marijuana" does not include hashish.
Medical/Dental/Health Services Office/Clinic. A facility that provides diagnoses, minor surgical care and outpatient care to human patients by a group of dentists, physicians or similar medical professionals on a routine basis, but does not offer overnight or emergency care. This term includes establishments providing support to medical professionals and patients, such as medical and dental laboratories, and blood banks, but does not include hospitals.
Membership Clubs. An incorporated or unincorporated association of persons organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, rules, payment of fees and dues and regular meetings.
Micro-Production Facility, Including Micro-Brewery, Micro-Distillery, Micro-Winery. A small scale facility that produces a limited amount of a 'craft' or 'artisan' alcoholic beverage, depending on the type of beverage produced, which possesses the appropriate liquor permit from the State of Ohio, and which may sell to the public by one or more of the following methods: the traditional three-tier system (producer to wholesaler to retailer to consumer); the two-tier system (producer acting as wholesaler to retailer to consumer); and, directly to the consumer through carry-outs and/or on-site tasting-room or restaurant sales, depending on the zoning district in which the use is located:
(a) Micro-brewery. A facility that produces less than 15,000 barrels (17,600 hectoliters) of beer per year (as defined by the Brewer's Association).
(b) Micro-distillery. A facility that produces less than 50,000 proof gallons per year (as defined by the American Distilling Institute).
(c) Micro-winery. A facility that produces less than 10,000 cases of wine per year, where all aspects of production occur within the footprint of the structure.
Minor Subdivision. (see Subdivision, minor)
Motor Vehicle Service Station. A building, part of a building, structure or land which is used for the retail sale of lubricants and motor vehicle accessories, the routine maintenance, service and repairs to motor vehicles. Repairs described under Motor Vehicle Repair Garage shall not be permitted.
Motor Vehicle Rental. An establishment where contracts are prepared or reservations accepted for the rental or leasing of motor vehicles, includes outdoor storage of vehicles, but does not include on premise maintenance of vehicles or a tool/equipment rental facility.
Motor Vehicle Sales and Leasing. Any building or land used for the display, sale or long-term lease (one-year or longer) of new or used motor vehicles in operable condition and including the sale or lease of typical passenger vehicles including, but not limited to, cars, passenger trucks, and motorcycles.
Motor Vehicle, Operable. A motor vehicle is operable when the engine can be started and the vehicle can be driven under its own power at least 100 yards immediately upon request, or within twenty-four (24) hours of the initial request, and which does not have disabling damage.
Motor Vehicle. A vehicle, including a mobile home and recreational vehicle, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. "Motor vehicle" does not include utility vehicles as defined in ORC 4501.01 (VV), motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well drilling machinery, ditch digging machinery, farm machinery, and trailers that are 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 public road or highway for a distance of no more than ten (10) miles and at a speed of twenty five (25) miles per hour or less.
Motor Vehicle Repair Garage. An establishment providing repair services , rebuilding, reconditioning, body or fender work, framework, painting or the replacement of major parts of motor vehicles (e.g., major engine repair), and which may include the sale, installation and servicing of related equipment and parts. This term includes, but is not limited to, the repair or servicing of transmissions, engines or upholstery; the rebuilding or reconditioning of motor vehicles, or parts thereof. "Motor vehicle repair garage" does not include vehicle dismantling or salvage, or tire re treading or recapping.
Multifamily Dwelling. (see dwelling, multifamily)
Municipal Standards and Specifications. Technical or design requirements, stipulations, definitions or set of rules adopted by the City of Chardon applicable to development projects governed by this Planning and Zoning Code.
New Construction. Construction of a new building or structure.
Nonconforming. A lot, use of land, building, site condition, use of building, or use of buildings and land in combination, which lawfully existed at the time of enactment of the Planning and Zoning Code or amendments thereto, but which does not conform to the current regulations of the district or zone in which it is situated or other regulations in the Planning and Zoning Code.
(a) Nonconforming building. A building existing lawfully on the effective date of the Planning and Zoning Code or any amendment thereto, which does not conform to the current regulations governing buildings and structures of the district in which it is located.
(b) Nonconforming lot. A lot lawfully existing on the effective date of this Planning and Zoning Code or any amendment thereto, which does not conform to the current lot area, or width or frontage requirements of the district in which it is located.
(c) Nonconforming site condition. A site improvement that was legally established, but no longer conforms to the current regulations in the Planning and Zoning Code.
(d) Nonconforming use: Any building or land lawfully occupied by a use on the effective date of the Planning and Zoning Code or any amendment thereto, which does not conform to the current use regulations of the district in which it is situated.
Nursing Home. A licensed extended or intermediate care facility that provides skilled nursing and dietary care for persons who are ill or incapacitated or which provides service for the rehabilitation of the persons who are convalescing from illness or incapacitation. A hospital is not included in this definition.
Office, Administrative/Professional. A business which provides specific services to other businesses, individuals, organizations or corporate customers, generally by contract or on account, and not involving the retail sales of merchandise on the premises for walk in traffic from the street.
Outdoor Dining Facility. An area outside but adjacent to the principal building of an establishment where food or drink are consumed.
Outdoor Display/Sales. Merchandise removed from its shipping packaging and representative of merchandise that is available for purchase inside the building placed in an outdoor area that is open to the general public or is available for purchase by the general public directly from the display area.
Outdoor Storage. The storage of goods, materials, merchandise or vehicles in the same place for more than twenty-four (24) hours in an area outside of a building or structure, except for merchandise placed in an outdoor display in a manner that complies with the regulations for outdoor display.
Park. A tract of land, designated and used by the public, for active or passive recreation.
Parking Garage, Commercial. A building or structure with more than one level and used to store motor vehicles, which is the principal use of the lot, providing parking spaces for uses that may or may not be located on the same lot.
Parking Lot; Parking Area. An outdoor paved area with marked parking spaces and access drives to provide temporary off street parking.
Parking Space, Off Street. An open or enclosed area outside the public street right of way, adequate for parking a motor vehicle with room for opening doors on both sides, with access to a public street and arranged so as to allow ingress and egress of a motor vehicle without the necessity of moving any other vehicle.
Performance Standard. A criterion established to control dust, smoke, fire and explosive hazards, lighting and glare, and heat, noise, odors, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.
Person. Means an individual, group of individuals, firm, corporation, business trust, Limited Liability Company, Limited Liability Partnership, estate, trust, partnership, association or other legal entity including its agent.
Place of Worship. A building or structure used for public worship. The words "place of worship" includes the words "church," "house of worship," "chapel," "synagogue", "kingdom hall" and "temple" and their uses and activities that are customarily related.
Plant Nursery/Greenhouse. A commercial enterprise engaged in growing nursery stock, annual or perennial flowers, vegetables or other garden or landscaping plants within or under a greenhouse, cold frame, cloth house or lath house; but does not include a garden supply or landscaping center.
Plat of Record (or Record Plat). A plat of survey with Municipal approval, which complies with all statutory requirements for filing as a permanent record with the Geauga County Recorder.
Plat of Survey. A scale drawing of property survey prepared in accordance with the requirements of O.R.C. Chapters 711 and 5311 and O.A.C. §4733 37, as appropriate, and upon which the previous and current property lines and parcel boundaries established by survey and showing all details specified in applicable Municipal and State of Ohio regulations.
Playground. An area used for active recreation including facilities for court games and equipment for younger children.
Porch. A roofed open structure that projects from the front, side or rear wall of a building. An enclosed porch is included as part of the principal building.
Project boundary; development boundary. The boundary defining the tract(s) of land included in a proposed development project or any boundary that separates the tract(s) of land in the proposed development from abutting property.
Public Hearing. An official meeting scheduled with notice required by the Codified Ordinances of the City Council or the Planning Commission with the explicit purpose of being a forum to permit public comment or testimony prior to the governing body rendering a decision.
Public Facility. A government facility owned by the City of Chardon or another entity, whether publicly or privately owned, for public safety services, police or fire protection, ambulance services, street maintenance, water treatment plants or pumping stations, sewage treatment, disposal or pumping plants, municipal parking facilities, bikeway trailheads and plazas, administrative facilities or any other such facility to provide public services or facilities that are deemed reasonable or necessary to protect the public health, safety and welfare.
Record Documents. Drawings and maps in which comply with Section 1113.35, Record Documents Submittal.
Recreation Vehicle/Equipment. A vehicle used as a portable structure and without a permanent foundation that can be towed, hauled, or driven and which is primarily designed and manufactured as temporary living accommodations for recreational, camping, and travel use; and includes a recreational vehicle, boat, personal watercraft, pick up truck camper, snow mobile, folding tent trailer and other camping and recreational equipment as determined by the Community Development Administrator, and any trailer that may be used to convey a recreational vehicle or equipment.
Restaurant - Counter Service. A retail service establishment whose principal business is the preparation and sale of food, frozen desserts, and/or beverages where food and/or beverages are: (1) prepared in ready-to-consume individual servings in advance of customer orders or are able to be quickly prepared for consumption on or off the premises; (2) ordered at a counter or drive-through window; and (3) paid for before being consumed.
Restaurant - Table-Service. A retail service establishment wherein the entire business activity, or substantially all of the business activity, consists of the preparation and sale of food, where customers order from and are served at their tables for on-premises consumption within the building.
Restaurant, Outdoor Dining. See Outdoor Dining Facility.
Retail Establishment. A business which sells goods or merchandise to the general public for personal or household consumption, with display areas that are designed and laid out to attract the general public, provides services incidental to the sale of such products and maintains regular business hours. In determining whether a use is retail, the proportion of display area vs. storage area and to the number of display windows in the building façade may be considered. Adult entertainment is not a retail use.
Retail, Large Format. A retail establishment that sells primarily large, oversized, bulky goods which consumers purchase relatively infrequently and that generates a low volume of customer traffic compared to traditional retail. Examples of such establishments include but are not limited to the sale of lumber and other similar types of building materials, furniture, large appliances, and swimming pools.
Right of Way Line; Street Line. The line between a lot, tract, or parcel of land and the contiguous pavement or public right of way.
Right of Way. A strip of land and the air space above the surface dedicated as a public way for public use and recorded as such. In addition to the roadway, the right of way normally and customarily includes curbs, lawn strips, sidewalks, water, sewer and other utility lines, lighting, and drainage facilities; and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
School (public/private) Elementary/Secondary. Publicly or privately owned facilities providing full time day instruction and training at the elementary, junior high and high school levels in accordance with the requirements of Chapter 3313 of the Ohio Revised Code, or facilities providing kindergarten or nursery school training and care whose annual sessions do not exceed the school sessions for full time day schools and which are operated by a board of education or an established religious organization.
Scientific Research, Development, Training and Testing Facility. A building or group of buildings used for primarily scientific research, investigation, testing or experimentation and the manufacture or sale of products is incidental and secondary to the primary use.
Self Storage Facility, Indoor. A facility or mini warehouse means a facility consisting of a building or group of buildings in an area where access is controlled and limited to tenants who rent varying sizes of individual, compartmentalized and controlled access stalls or lockers for the dead storage of the tenants' residential goods or wares.
Service Establishment, Business. An establishment providing services to businesses on a fee or contract basis, such as advertising and mailing services, employment services, business security equipment and furniture sales or rental, photocopy services, protective services, or similar services.
Service Establishment, Personal. An establishment providing recurring, personal services to individuals, such as a barber shop, beauty salon, shoe repair shop, seamstress, tailor, fortune teller, tanning salon, massage establishment, body piercing establishment or tattoo establishment, but excludes a dry cleaning establishment, laundromat, photocopy center, health club or repair shop for household items.
Setback Line. A line established by this Planning and Zoning Code generally parallel with and measured from a lot line or a proposed thoroughfare line shown on the Official Thoroughfare Plan whichever is more restrictive, defining the minimum distance a building, structure, parking area or outdoor storage area, shall be located from said lot or thoroughfare line, except as may be provided in this Planning and Zoning Code.
Setback. The required minimum horizontal distance, established by this Planning and Zoning Code, between a lot line or a proposed thoroughfare line shown on the Official Thoroughfare Plan, whichever is more restrictive; and a building, surface parking lot or structure.
Shrub. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.
Sign. Any visual display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure which directs or attracts attention to, or announces or promotes, an object, product, place, activity, person, ideology, institution, organization, business or the like, by means of letters, words, models, banners, flags, pennants, insignia, logos, devices, designs, colors, symbols, fixtures, images, illuminations or representations used as, or which is in the nature of, an announcement, direction, advertisement or other message.
Single Housekeeping Unit. A unit where each resident has common use and access to all living areas, bathrooms, and food preparation, serving and eating areas.
Slope. An inclined ground surface, which is expressed as a ratio of the horizontal distance to the vertical distance.
Small Tree. A living tree with a DBH measurement at maturity of at least four (4) inches.
Start of Construction. The start of construction shall be the date of the commencement of earth moving activities or the commencement of work to build a structure, whichever comes first.
Street, Private. A way which provides access within a development to vehicular traffic that is neither dedicated to the City nor maintained by the City.
Structural Alteration. A change or rearrangement in the supporting members of a building, such as beams, girders, bearing walls, columns or partitions; or an increase or decrease in the area or volume within the building.
Structure. Anything constructed or erected which must be on the ground or attached to something having a fixed location on the ground including, but not limited to a building, wall, shed, gazebo, sign, tower, patio, platform, paving or fence.
Subdivision. Means any of the following:
(a) The division of a parcel or contiguous parcels, or land of record into two (2) or more parcels, sites or lots for the purpose, whether immediate or future, of transfer of ownership.
(b) A division, allocation or reallocation of land for the opening, widening or extension of any street, or as open spaces for common use, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities in connection with the improvement of one or more parcels or land for residential, commercial or industrial development.
(c) A resubdivision or replatting, including the consolidation of two (2) or more lots and a lot line adjustment, for the sale or exchange of land between adjoining property owners where the sale or exchange does not create additional building sites.
Subdivision, Minor. The subdivision of a parcel along an existing street into five (5) or less parcels, sites or lots when such subdivision includes all contiguous land under one ownership and which does not involve the creation of any new street or easement of access; opening, widening, extension or improvement of any street; nor the installation of any underground utility service mains. A minor subdivision includes a "lot split".
Subdivision, Major. A subdivision that does not meet the requirements of a minor subdivision.
Swimming Pool. A structure, whether above or below grade level, designed to hold water more than eighteen (18) inches deep to be used for recreational purposes. A swimming pool does not include a hot tub with a locking cover, farm pond, retention basin, or lake.
(a) Portable swimming pool: An above ground pool which is not permanently installed; does not require water filtration, circulation or purification; the water therein does not exceed eighteen (18) inches in depth; does not exceed 100 square feet in area and does not require braces or supports.
(b) Indoor swimming pool: A swimming pool located inside a fully enclosed building which is secured to prevent unauthorized access.
(c) Outdoor swimming pool: A swimming pool which does not qualify as an indoor swimming pool.
Theater. A building or part of a building devoted to showing motion pictures or presenting dramatic, dance, musical, or other live performances.
Thoroughfare Plan / Official Thoroughfare Plan. The City of Chardon Thoroughfare Plan contained in the Comprehensive Plan Update (adopted by Council March 13, 2008) and as thereafter amended).
Transitional Supportive Housing. A facility that provides temporary, interim living accommodations and supportive services in a communal environment designed to assist residents in obtaining the skills and stability necessary to transition to independent living in permanent housing provided elsewhere. The definition of "transitional housing" includes the terms halfway house, safe house, temporary care home, and other similar uses. The definition of "transitional housing" does not include the terms "group home", as defined in the code, or other similar permanent group living facilities.
Transport and Truck Terminal. A building or area in which freight brought by truck is assembled and/or stored for further routing in intrastate and interstate shipment by truck or where tractor and trailer units and other trucks are parked or stored.
Use Permitted by Right With Supplementary Regulations. A use designated with a P* is permitted by right as a principal use, if the use complies with the regulations in Chapter 1145, Conditional and P* Use Regulations, all other requirements of the Planning and Zoning Code, and other applicable City Ordinances. If the use does not comply with the regulations in Chapter 1145, then the use and any deviation from the required standards shall be considered as a conditional use that must comply with the procedures set forth in Chapter 1115, Conditional Use Certificates for approval.
Use Permitted by Right. A permitted use that does not require a public hearing and may be approved administratively when it complies with the standards and requirements of the Planning and Zoning Code, the approval of which does.
Use, Accessory. A use located on the same lot with the principal use of a building or land which is incidental and subordinate to and constructed or commenced subsequent to the principal use of the building or land.
Use, Conditional. A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 1145, Conditional and P* Uses Regulations; and which requires conditional use approval by the Planning Commission, in accordance with the standards and procedures set forth in Chapter 1115, Conditional Use Certificates.
Use, Permitted. A use that is authorized by the Planning and Zoning Code as a use permitted by right, a use permitted by right with supplementary regulations, a conditional use, or an accessory use.
Use, Principal. The primary or main use or activity of a building, structure or land.
Use, Temporary. A use that is established or approved for a fixed period of time and does not involve the construction or alteration of any permanent structure. Such use shall be discontinued upon the expiration of such time.
Use. The purpose for which land and/or building or structure is arranged, designed, intended, maintained or occupied; or an occupation, activity or operation carried on in a building or structure or on land.
Utility Substation/Distribution Facility. A facility, other than a transmission tower, which may or may not be not contained entirely within a building, and which performs either of the following functions:
(a) Aids in the transmission or distribution of gas, electricity, steam or water, or landline telephone communications.
(b) Is used as a distribution center of utility services, such as a water pumping station, water reservoir, transformer station, landline telephone exchange, or building for radio or television transmission, a yard or building for storage, maintenance or repair service.
Variance. An approval by the Planning Commission authorizing the property owner or other party with standing to vary the use or site conditions from the literal terms of the relevant regulations.
Vehicular Use Area. The area that encompasses all off-street parking spaces, loading areas, waiting spaces, circulation aisles and the access drives that provide access to those spaces but does not include the entry drive or driveway with no direct access to a parking space, waiting space, or loading space.
Veterinary Office. See animal hospital.
Warehouse. A business establishment primarily engaged in the indoor storage of merchandise, goods and materials, not including "self-storage facilities".
Wholesale Sales & Distribution. A business establishment primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such companies. All such activities take place inside principal buildings.
Yard. An open space on the same lot with a principal building or structure extending between the lot line and the front, rear or side wall of the main building or structure. See Figure 1103.03(c), Illustration of Yards.
(a) Yard, corner side. On a corner lot, the yard between the principal building and the side lot line adjacent to the street and extending from the front yard to the rear lot line.
(b) Yard, front. The area across the full width of the lot between the front of the principal building and the front line of the lot.
(c) Yard, rear. The area across the full width of the lot between the rear of the principal building and the rear line of the lot.
(d) Yard, side. The area between the main building and the side line of the lot extending from the front wall to the rear wall of the main building.
Illustration of Yards
Zoning Administrator. (See Community Development Administrator).
Zoning Certificate. A document issued by the Community Development Administrator authorizing the construction or alteration of a building or structure and/or use of a lot or structure.
Zoning Lot. (see Lot, zoning)
Zoning Map / Official Zoning District Map. An accurate map depicting the City of Chardon, Ohio, and indicating the boundaries of the zoning districts established by this Planning and Zoning Code.
(Ord. 3273. Passed 5-9-24.)
1105.01 ESTABLISHMENT OF ZONING DISTRICTS.
The City is divided into the following land use classification districts, hereafter "zoning districts", designated on the Official Zoning District Map by symbols, colors, and boundaries:
Zoning District | Symbol |
Residential Districts | |
Single-Family Residence | R-1 |
Low Density Residence | R-2 |
Medium Density Residence | R-3 |
Chardon Park Estates Residence | R-3CPE |
Multi-Family Residence | R-4 |
Planned Residential Development Overlay District (PRD-Ordinance Number) | PRD-(Ordinance #) |
Commercial Districts | |
Chardon Square Mixed Use | C-2 |
Traditional Classic Commercial | C-3 |
General Commercial | C-4 |
Industrial District | |
Industrial District | I |
Other Districts | |
Special District | S |
Wireless Telecommunication Tower Overlay District | WTTO |
Historic District Overlay Zone | HDO |
(Ord. 3273. Passed 5-9-24.)
1105.03 ZONING DISTRICT USE REGULATIONS.
(b) The retail dispensing of medical marijuana within the City pursuant to Chapter 3797 of the Ohio Revised Code is and shall be prohibited in all zoning districts.
(Ord. 3273. Passed 5-9-24.)
1105.05 OFFICIAL ZONING DISTRICT MAP.
(a) The zoning district boundaries shown on the Official District Zoning Map are incorporated into the Code by reference, are part of the Code, and shall have the same force and effect as if printed herein.
(b) The zoning district boundaries shown on the Official Zoning District Map shall not be changed unless amended by ordinance, in conformity with the Code. Council may by ordinance amend the Official Zoning District Map.
(Ord. 3273. Passed 5-9-24.)
1105.07 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.
When the exact boundary of a zoning district shown on the Official Zoning District Map is uncertain, the following rules shall apply:
(a) Where the zoning district boundary line coincides with a street or an alley, the centerline thereof shall be established as the zoning district boundary.
(b) Where the zoning district boundaries do not coincide with the centerlines of streets or alleys, but coincide with lot lines, the lot lines shall be established as the zoning district boundaries.
(c) Where the zoning district boundaries do not coincide with streets, alleys, or lot lines, the zoning district boundaries shall be established by using the distance scale on the Official Zoning District Map pursuant to Section 1105.05.
(d) A street, alley, public way, and waterway, or portion thereof, unless otherwise specifically designated, shall be included in the same zoning district as the property abutting it.
(e) Where the centerline of a street, alley, public way, or waterway is a zoning district boundary, the zoning district on each side of the centerline shall be same as that of the abutting property.
(f) Whenever a street, alley or other public way is vacated, the zoning district boundaries of the parcels abutting each side of such vacated way shall be extended to the centerline thereof unless another zoning district is specifically designated in the vacation ordinance.
(g) A lot may be divided between two or more zoning districts if the zoning district boundary line established in the Planning and Zoning Code or shown on the Official Zoning District Map divides the lot.
(h) The exact location of a disputed or uncertain zoning district boundary line shall be decided by the Municipal Planning Commission pursuant to Section 1107.07(c)(9) of the Planning and Zoning Code.
(Ord. 3273. Passed 5-9-24.)
1107.01 PURPOSE.
This Chapter creates the position of City Architect, grants powers and duties to the Community Development Administrator and City Architect and further defines and enumerates the powers and duties of the Planning Commission and Council granted in the Ohio Constitution, the Revised Code and the Charter.
(Ord. 3273. Passed 5-9-24.)
1107.03 COMMUNITY DEVELOPMENT ADMINISTRATOR.
(a) Community Development Administrator. The Community Development Administrator shall implement, administer and enforce the Planning and Zoning Code.
(b) Powers and Duties. The Community Development Administrator or designee shall have the following powers and duties:
(1) The Community Development Administrator is granted all necessary authority on behalf of the City to administer and enforce the provisions of the Code, issue a notice citing a violation of the Code, issue a written order to correct a violation of the Code and the authority to pursue legal action in a court of competent jurisdiction to remedy the violation, including a temporary restraining order, temporary and permanent injunction, abatement, and other legal and equitable relief.
(2) To interpret and apply the Code.
(3) To approve applications and issue Zoning Certificates which may include special conditions.
(4) To issue certificates of zoning compliance.
(5) To accept, review, make written comments upon, and respond to questions regarding applications within the Community Development Administrator's authority and jurisdiction to review, including amendments to the Planning and Zoning Code, development plan review, conditional uses, variances, appeals, and subdivision plans and plats.
(6) To coordinate the City's review of applications for rezoning development plans, conditional use applications, subdivision plans and plats, and development projects.
(7) To preserve, maintain and store records of the Planning and Zoning Department including records of all applications, document in support thereof, approvals, certificates, variances, Code amendments, conditional uses, similar use determinations, and inspection documents.
(8) To make all records available for review by the Council and the Planning Commission; and to make all records available to the public as required by the Ohio Public Records Act.
(9) To inspect or cause the inspection of buildings and uses of land to determine compliance with the Code.
(10) To identify Code violations and issue written notifications of violations, revocation notices, and stop work orders; and to initiate administrative or legal action to enforce corrective action.
(11) To maintain the "Official Zoning District Map" of the City of Chardon.
(12) To provide technical advice and assistance to the Council, the Planning Commission, other boards and commissions and City officials.
(13) To determine a Similar Use as provided herein. The proposed use of land or structures, which is compatible with a permitted use or conditional use in a zoning district, is permitted in that district. A proposed use not addressed by the Code may be allowed if the Community Development Administrator makes a determination that a proposed use is similar to a permitted or conditional use listed in a zoning district.
A. Determination of Similar Use. A proposed use may be approved as a Similar Use when the Community Development Administrator determines that it complies with the following provisions:
i. The proposed use is not prohibited in the zoning district;
ii. The proposed use is not listed as a permitted or conditional use in another zoning district;
iii. The proposed use is most consistent with the purpose statement of, and is most appropriately located in, the zoning district;
iv. The proposed use has characteristics of, or is much like, a permitted or conditional use in the zoning district.
B. Assignment to Districts. Upon approval, the similar use shall be added to the zoning districts which allow the permitted or conditional use to which the use is similar.
(14) To review and decide sign applications.
(c) Duty to Report Violations. Every municipal official and employee shall report to the Community Development Administrator any new construction, reconstruction, or land use which has not been approved and any known or suspected Code violation.
(Ord. 3273. Passed 5-9-24.)
1107.05 CITY ARCHITECT.
(a) City Architect. There is hereby established the position of City Architect. The City Architect may be a City employee or a consultant.
(b) Powers and Duties. The City Architect shall have the following powers and duties:
(1) To review, comment upon and make recommendations regarding the exterior architectural design and style shown in plans and specifications for the construction, alteration or relocation of a building or structure, according to the procedures, standards, and criteria stated in the Planning and Zoning Code;
(2) To provide to boards and commissions upon request advice on the aesthetics of a proposed development; and,
(3) To recommend design criteria consistent with generally accepted and recognized architectural principles and practices for evaluating the design of buildings or structures, use of materials, finished grade lines, dimensions, and the orientation and location of main and accessory buildings on a site.
(4) The City Architect shall not review the exterior architectural design and style of plans for one and two-family buildings or accessory structures thereto, unless requested by the Planning Commission upon the recommendation of the Community Development Administrator.
(Ord. 3273. Passed 5-9-24.)
1107.07 PLANNING COMMISSION.
(a) Planning Commission. The Ohio Constitution, Revised Code and City of Chardon Charter Section 7.02 authorize the creation and designates the composition of the Planning Commission.
(b) Organization and Procedure.
(1) The Planning Commission shall adopt such procedural rules and regulations to govern the Commission's procedures. The Commission shall organize at its first meeting in every even numbered year and elect a Chairman and Vice Chairman.
(2) The City Manager shall appoint a city employee to serve as Secretary for the Commission.
(3) The Secretary shall keep minutes and make audio recordings of the Commission's proceedings. The vote on each issue shall be made by roll call. The Secretary shall record the vote of each member or that the member abstained or was absent. The Secretary shall keep and maintain all meeting minutes, announcements of decision, other written records and audio recordings, which shall be filed and stored in the office of the Community Development Administrator.
(4) The Commission shall have the power to subpoena witnesses and documents, administer oaths, and punish for contempt.
(5) The Commission may request advice and guidance from City officials and employees in the performance of its duties.
(c) Conflict of Interest. If a Commission member has a conflict of interest concerning an issue, or owns real property within 200 feet of the boundary of the parcel which is the subject of an application and under consideration, the member shall step down and shall not participate as a Commission member in the discussion or decision of the application.
(1) Investigate, prepare and submit to Council comprehensive plans and amendments thereto, addressing the future development and capital improvements of the City, taking into consideration the existing utilities, convenience, aesthetics, physical needs, densities and the social welfare, health, safety and physical wellbeing of the residents.
(2) When requested by Council or the City Manager, consider, investigate and report upon any special matter or issue within the scope of its jurisdiction and authority, and make recommendations thereon.
(3) Prepare and recommend to Council amendments to the regulations governing development within the City.
(4) Review matters of community growth and development, prepare reports and make recommendations thereon to Council.
(5) Hear and decide the appeal of an order, interpretation, determination or decision made by a City official in the administration or enforcement of the Planning and Zoning Code or in the administration or enforcement of Title One and Title Three of the Streets, Utilities and Public Service Code.
(6) Authorize variances from the Code, upon a showing by the applicant that, owing to special conditions, a literal enforcement of the Code will result in either practical difficulty or unnecessary hardship, will not be contrary to the public interest, the purpose and spirit of the Code will be followed and substantial justice will be done.
(7) Conduct hearings and decide all matters properly before the Commission.
(8) Review and act upon all development plans.
(9) Decide zoning district boundary issues following the standards and criteria of Chapter 1105 (Establishment of Zoning Districts and Map) and conduct hearings to decide zoning district boundary uncertainties and disputes.
(10) Review and decide Sign Concept Plans.
(11) Review and decide conditional use certificates.
(12) Review proposed amendments to the Planning and Zoning Code and Official Zoning District Map and make recommendations to the Council thereon.
(13) Investigate, conduct hearings, prepare reports and make recommendations to Council on amendments to the Planning and Zoning Code and the Official Zoning District Map, which the Planning Commission determines are consistent with the purposes thereof and which further the public health, safety, and general welfare of the residents of the City.
(14) Review and act upon proposed subdivision plans and plats.
(15) Convene and discuss in executive session those matters permitted by the Ohio Sunshine Law.
(e) Intra-governmental Cooperation. The City and its departments, divisions, boards and commissions shall cooperate with and assist the Planning Commission in implementing the purposes for which it is formed and the plan, design, location, removal, relocation and alteration of any public building or structure and public property; and the location, widening, extension and vacating of street, alleys, public ways, parks, playgrounds, recreation areas and other public places. (Ord. 3273. Passed 5-9-24.)
1107.09 APPEALS.
(a) Planning Commission. The Ohio Constitution, Revised Code and City of Chardon Charter Section 7.02 authorize the creation and designates the composition of the Planning Commission.
(b) Organization and Procedure.
(1) The Planning Commission shall adopt, from time to time, such procedural rules and regulations which it deems necessary. The Commission shall organize at its first meeting in every even numbered year and elect a Chairman and Vice Chairman. The City Manager shall appoint a city employee to serve as Secretary for the Commission.
(2) The Secretary shall keep minutes and audio recordings of the Commission's proceedings. The vote on each issue shall be made by roll call. The Secretary shall record the vote of each member or that the member abstained or was absent. The Secretary shall keep and maintain all meeting minutes, Commission decisions, other written records and audio recordings which shall be filed and stored in the office of the Community Development Administrator.
(3) The Commission shall have the power to subpoena witnesses and documents, administer oaths, and punish for contempt.
(4) The Commission may request advice and guidance from City officials and employees in the performance of its duties.
(c) Conflict of Interest. If a Commission member has a conflict of interest concerning the issue, or owns real property within 200 feet of the boundary of the parcel which is the subject of a variance request or an application under consideration by the Commission, the member shall step down and shall not participate as a Commission member in the discussion or decision of the issue.
(1) To grant variances to the Code Sections enumerated below owing to special conditions, when the applicant establishes that literal enforcement of the Code will result in either practical difficulty or unnecessary hardship, will not be contrary to the public interest, the purpose and spirit of the Code is followed and substantial justice will be done:
A. Nonconforming Uses of Buildings, Structures or Land.
B. Use Regulations and Accessory Use Regulations.
C. Lot Requirements, Setback Requirements, Floor Area Requirements for Dwellings, Height Regulations and Projections into Required Setbacks.
(2) To hear and decide all other matters properly before it.
(3) To convene and discuss in executive session those matters permitted by the Ohio Sunshine Law.
(Ord. 3273. Passed 5-9-24.)
1107.11 CITY COUNCIL.
(a) Conflict of Interest. If a Council member has a conflict of interest concerning the issue appealed, or owns real property within 200 feet of the boundary of the parcel which is at issue or the subject of an appeal or an application under consideration by the Council, the member shall step down and not participate as a member of Council in the discussion or decision of the issue.
(b) Powers and Duties. The Council shall have the powers and duties granted in Charter Section 3.06, the Ohio Constitution and the Ohio Revised Code, and the following:
(1) Hold public hearings and decide proposed amendments to the Planning and Zoning Code.
(2) Investigate and propose amendments to the Planning and Zoning Code and the Official Zoning District Map which the Council determines are consistent with the purposes thereof and which further the public health, safety, and general welfare of the residents of the City.
(3) Act upon Planned Residential Developments and condominium developments.
(4) Act upon major subdivision Development Plans.
(5) Accept or reject any proposed public land, street, easement, right of way, or other improvements; and approve the vacation of a dedicated street, right-of-way or other improvement.
(6) Establish, by ordinance, a schedule of fees.
(Ord. 3273. Passed 5-9-24.)
1107.13 EXECUTIVE SESSION.
(a) The Planning Commission may discuss pending matters in executive session if it is included on the agenda of a regular or special meeting, and a motion to convene an Executive Session is approved by roll call vote of a majority present. The motion shall state the reason for requesting an executive session and, generally, the topic(s) for discussion. The following matters may be discussed in an executive session:
(1) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of the Planning Commission shall use this sub-section as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of the Planning Commission that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.
(2) Conferences with the Law Director or legal counsel for the City concerning disputes involving the city that are the subject of pending or imminent court action;
(3) Matters required to be kept confidential by federal law or rules or state statutes;
(4) Any other matters permitted to be discussed by the Ohio Sunshine Law as currently in effect and as may be hereafter amended.
(b) Minutes of the executive session which only reflect the general subject matter of discussion shall be taken by the Secretary of the Planning Commission and shall be open to public inspection. (Ord. 3273. Passed 5-9-24.)
1109.01 PURPOSE.
This Chapter sets forth the basic parameters for permits required for all administrative applications submitted for consideration pursuant to this Planning and Zoning Code. These permits shall not be issued until the detailed Procedures in Chapter 1111 and Submission Requirements in Chapter 1113 have been satisfied. Additionally, prior to the issuance of certificates pursuant to this Chapter, any application for a variance, appeal, or conditional use shall also be subject to the procedures, standards and criteria in Chapter 1115 and/or Chapter 1117, as applicable. (Ord. 3273. Passed 5-9-24.)
1109.03 REQUIREMENTS FOR ZONING CERTIFICATES.
(a) Zoning Certificate.
(1) A Zoning Certificate is a document issued by the Community Development Administrator which shall be required before a building or structure is erected, constructed, enlarged, structurally altered, or moved, in whole or in part, or the change of use of land or a building is commenced.
(2) A zoning certificate shall be required for the following:
A. The construction, reconstruction, relocation or alteration of a building, structure or use, including an accessory building or structure and accessory use.
B. The enlargement or expansion of an existing building or structure which increases the floor area, number of stories or expands the area of land use.
C. The reconstruction or alteration of the exterior, or exterior finish materials, of a multi-family or nonresidential building.
D. The occupancy or use of a building, structure or vacant land.
E. The occupancy or change in occupancy or tenancy of a nonresidential building or land use.
F. The reconstruction, alteration or expansion of a nonconforming use,
G. The construction of a major subdivision, Planned Residential Development, or condominium development.
H. The division of a parcel or consolidation of parcels.
(3) The Community Development Administrator shall issue a Zoning Certificate when the applicant has complied with all municipal requirements for the construction project including, but not limited to, the filing of performance guarantees, and liability insurance.
(4) No person shall use or permit the use or occupancy of a structure, building or land, or part thereof, hereinafter created, constructed, reconstructed, relocated, erected, altered, changed, converted, or enlarged, wholly or in part, until a zoning certificate has been issued by the Community Development Administrator.
(5) Upon written request from the owner or other person with standing, the Community Development Administrator shall issue a zoning certificate for any building or premises existing at the time of initial enactment of the Planning and Zoning Code certifying, after inspection, the extent and classification of the use or occupancy of the building or premises and whether the use or occupancy is permitted by the Code.
(6) The Community Development Administrator may classify as permitted or conditional a proposed use which is not classified as a permitted or conditional use in any zoning district, when the Community Development Administrator finds that the proposed use is a similar use with the equivalent purpose, scope and impact on the neighborhood as a use which is listed in the zoning district as a permitted or conditional use.
(b) Zoning Compliance Certificate.
(1) A Zoning Compliance Certificate is a document issued by the Community Development Administrator which certifies that a project, as constructed, complies with the terms and requirements of this Planning and Zoning Code and the Zoning Certificate previously issued. The Zoning Compliance Certificate certifies that the building may be occupied and/or the property used when the applicant has submitted documentation that all inspections and approvals authorizing the use and/or occupancy of the building and/or property have been secured and that the building and site will only be used and/or occupied for the use or uses authorized in the Zoning Certificate.
(c) Dedication Documents. Dedication Documents are required to be submitted for the dedication of land and/or the recording of a subdivision. The Zoning Compliance Certificate shall be issued after the Dedication Documents Submittal has been approved, or approved with conditions which have been satisfied; all improvements to be dedicated to public use have been accepted by ordinance approved by City Council; all required fees have been paid; the maintenance guarantee approved by the Law Director has been filed in accordance with Section 1163.05; and the applicant has complied with all municipal ordinances, standards and specifications.
(d) Post Construction Records. Upon completion of all construction of any project, subject to the provisions of this Planning and Zoning Code, the applicant shall submit to the Community Development Administrator all drawings and other documents verifying the construction as built, including reflecting all change orders that may have been approved during construction, in accordance with the specific requirements in Section 1111.27.
(Ord. 3273. Passed 5-9-24.)
1109.05 EXPIRATION OF PLAN APPROVALS AND ZONING CERTIFICATES.
(a) Any approvals granted by the Planning Commission, Council, as applicable, or zoning certificates issued by the Community Development Administrator pursuant to Section 1109.03, above, shall expire as set forth herein:
(1) A Zoning Certificate shall expire one (1) year from the date of issuance unless construction has started, or the approved use of the property has commenced. The Community Development Administrator may grant an extension of the zoning certificate for good cause shown upon the request of the applicant. The applicant or other interested party may appeal the Community Development Administrator's decision to the Planning Commission pursuant to Chapter 1117 (Appeals and Variances). If an extension is not granted, a new application shall be filed and the City ordinances and standards in effect on the date the new application is received by the City shall apply. Unfinished construction projects on which no substantial progress has been made for 180 days shall be deemed abandoned, may be declared a nuisance and all approvals shall be null and void.
(2) Development Plans. The Municipality's approval of a Preliminary Plan and Final Plan shall expire as established herein. The Planning Commission or Council may authorize a longer period in the Announcement of Decision, or Planning Commission may grant an extension of time for good cause shown.
A. Preliminary Development Plan. The Preliminary Plan approval shall expire when the project is completed or four (4) years from the date of the plan approval, whichever is less. The approved preliminary development plan shall not be affected by any changes in these Planning and Zoning Code provisions during the approval period.
B. Final Development Plan. The Final Plan approval shall expire when the project is completed or the Preliminary Plan expires, whichever is less. A Construction Documents submittal must be made to the Community Development Administrator prior to the expiration of the Final Plan.
C. Final Development Plan for Multi-phased Project. For multi-phased projects that are submitted and approved in accordance with Section 1111.11, approval of a final development plan for at least the first phase shall be obtained within two (2) years of the preliminary development plan approval. At the time of final development plan approval, for each phase, approval of the preliminary development plan may be extended for up to two additional years to allow continued development of the next phase(s) according to the preliminary development plan.
(3) Construction Documents. The Municipality's approval of Construction Documents shall expire as follows.
A. For minor construction, changes to architectural design and style, and one or two-family dwellings and their accessory uses, Construction Documents approval shall expire one (1) year from the date of approval.
B. For all other single building site projects, the Construction Documents approval shall expire one (1) year from the date of approval; or, if the Preconstruction Meeting is held within one (1) year of plan approval, the Construction Documents approval shall expire one (1) year after the date of the Preconstruction meeting.
C. For major development projects, the Construction Documents approval shall expire one (1) year from the date of plan approval; or, if the Preconstruction Meeting is held within one (1) year of plan approval, the Construction Documents approval shall expire eighteen (18) months after the date of the Preconstruction meeting.
(b) Request for Extension. An applicant may file a written request with the Community Development Administrator for an extension before the expiration of certificate or development plan approval in subsection (a) above. For good cause the Community Development Administrator may approve and extension of one submittal filing deadline and an extension of one construction deadline not to exceed thirty-six (36) months for each. The Planning Commission may approve or approve with conditions, or deny, a second or additional extension for a submittal filing or construction deadline.
(c) Amended Submittal. Any construction, or portion thereof, not yet started at the time of an extension shall conform to the amended submittal and any conditions imposed on the approval of the extension.
(d) Effect of Expiration. Upon expiration of a preliminary development plan approval, no approval of a final development plan shall be granted until the preliminary development plan has been resubmitted and approved as a new preliminary development plan. Such resubmission of an expired preliminary development plan shall be subject to all zoning, subdivision and other regulations that are in effect at the time the new preliminary development plan application is submitted. (Ord. 3273. Passed 5-9-24.)
1109.07 RECORD OF DECISION.
(a) A Record of Decision is a written progress report provided by the Community Development Administrator to convey to the applicant the status of the project's compliance with this Planning and Zoning Code; the next steps required by the applicant to achieve full compliance; and to convey any conditions of approval established by the Planning Commission, Council and/or the Community Development Administrator as an application proceeds through the review procedures as set forth in Chapter 1111.
(b) As a status report, a Record of Decision is not a zoning certificate and does not grant any final authority for the applicant to proceed with construction, alterations, use or reuse of the property. (Ord. 3273. Passed 5-9-24.)
1109.09 ANNOUNCEMENT OF DECISION.
(a) A decision by the Planning Commission or Council on an application or other action filed pursuant to this Chapter, shall be documented in a written Announcement of Decision incorporating findings of fact, revisions or corrections to the approved plans, the terms and conditions of approval or the grounds for denial. The Community Development Administrator shall prepare the Announcement of Decision within ten (10) business days of the decision and provide a copy of the decision to the applicant, Planning Commission and Council.
(b) The Planning Commission and Council shall adopt one of the following decisions:
(1) Approval. The application or request with plans and all other documents is approved as submitted, subject to standard terms and conditions of approval as the Planning Commission or Council deem necessary; the applicant may proceed with the next required submittal.
(2) Approval with conditions. The application or request with plans and all other documents is approved subject to terms and conditions of approval such as changes in the setback, layout, open space arrangement, on-site control of access to streets, and the addition of fences, walls and plantings to screen and buffer the proposed development from the surrounding area. The plans and documents shall be revised to comply with the terms and conditions in the Announcement of Decision in the manner prescribed by the Planning Commission or Council. Upon approval of the revised submittal the applicant may proceed with the next required submittal.
(3) Denial. If the submittal and the supporting plans and documents fail to comply with the Code or other City ordinances, standards or specifications, the submittal shall be denied. The Planning Commission or Council shall include in the Announcement of Decision findings of fact and the grounds for denial including references to sections of the Code. Failure to submit a revised plan within six (6) months of the date of the decision, or other extension of time granted therein, or file an appeal in accordance with Chapter 1117 (Appeals and Variances) shall terminate the application and all prior approvals; all previous approvals and submittals shall be null and void; and a new application shall be necessary.
(Ord. 3273. Passed 5-9-24.)
1111.03 PRE-APPLICATION MEETINGS (Optional).
It is recommended, but not required, that the applicant meet informally with the Community Development Administrator, and other relevant staff representatives as appropriate, to discuss the project prior to preparing and submitting a detailed development application. The purpose of the meeting is to review the Municipal regulations (standards, criteria and procedures) applicable to the proposed development and to offer suggestions for making the development compatible with the surrounding area and in compliance with this Planning and Zoning Code.
(Ord. 3273. Passed 5-9-24.)
1111.05 CONCEPT PLAN (Optional).
(a) The applicant may prepare and submit to the Community Development Administrator for informal consideration by the Planning Commission, a plan for the proposed development. The Planning Commission shall review the concept plan at a scheduled meeting. The Plan, at a minimum, should include the proposed uses in the development, a site plan, a preliminary floor plan, and preliminary architectural elevations of the proposed buildings in sufficient detail to have a meaningful discussion with the City Administration and the Planning Commission.
(b) The applicant should be aware that the discussions, opinions, suggestions, or recommendations made by the Planning Commission and discussed at the meeting are not binding, when subsequent and more detailed information is submitted, which may materially alter the underlying facts and considerations. Furthermore, the results of this meeting do not constitute either an approval or denial of the development by Planning Commission or other City officials.
(Ord. 3273. Passed 5-9-24.)
1111.07 PRELIMINARY DEVELOPMENT PLAN (PDP) REVIEW FOR MAJOR SUBDIVISIONS, PRDs, AND CONDOMINIUM DEVELOPMENTS.
The content requirements for the Preliminary Development Plan (PDP) submittals are included in Chapter 1113 "Submittal Content Requirements". Development plans shall be reviewed and approved according to the following procedures and review criteria.
(a) Procedures.
(1) Administrative Review and Comment. The Community Development Administrator shall accept, review, distribute and receive comments from the Municipal staff, Municipal Engineer, City Architect and municipal consultants for a complete application according to 1111.01(e) and (f).
(2) Public Hearing - Planning Commission. An application, as initially submitted or revised by the applicant based on the administrative comments, above, shall be forwarded to the Planning Commission for a Public Hearing and subsequent review. The Community Development Administrator shall include copies of the application and all supporting materials, final staff review comments and recommendations, and other documents and information relevant to the Preliminary Development Plan. The Community Development Administrator, in consultation with the Chair of the Planning Commission shall schedule the application for Public Hearing at a meeting of the Planning Commission.
A. Publication of Notice. A Notice of Public Hearing shall be published in a newspaper of general circulation in the City at least ten (10) calendar days before the date of the public hearing. The notice shall include the date, time and location of the public hearing; the location of the property included in the Preliminary Development Plan; nature of development proposed; and a statement that any interested party may be heard.
B. Mailing of Notice. A Notice of Public Hearing shall be mailed at least ten (10) calendar days before the hearing to the applicant and all owners of land within 200 feet of a boundary line of the property included in the Preliminary Development Plan. The notice shall include the date, time and location of the public hearing; the location of the property included in the Preliminary Development Plan; nature of development proposed; and a statement that any interested party may be heard. Failure of delivery of notice shall not be grounds to challenge action taken on the application.?
(3) Planning Commission Review.
A. At the close of the Public Hearing, the Planning Commission shall review the application and other documents transmitted by the Community Development Administrator; hear the testimony presented by the applicant, City staff and municipal consultants; and evaluate the application for consistency with the review criteria, in Section 1111.07(b) "Criteria for Preliminary Development Plans". In undertaking this review, the Planning Commission may:
i. Act on the application at the same meeting of the Public Hearing.
ii. Request additional evidence, testimony, documents, studies and reports for a complete presentation and to permit a thorough evaluation of the impact of the proposed project.
iii. Direct the Community Development Administrator to prepare a written report, which could include findings of fact and terms and conditions of approval summarizing the reasons for potential action to be considered by the Planning Commission at a subsequent meeting.
B. The Planning Commission shall discuss the project and findings upon which it shall base its decision. Planning Commission may require terms and conditions of approval for compliance with the Planning and Zoning Code and other applicable City regulations. The Planning Commission's action is a recommendation to City Council for final confirmation or modification.
C. Once the Planning Commission has acted on the application, the Community Development Administrator shall forward to the Clerk of Council copies of the application and all supporting materials, final staff review comments and recommendations, and the Planning Commission's findings and Record of Decision and any other relevant documents and information.
(4) Public Hearing - Council. An application, recommended by the Planning Commission, above, shall be forwarded to City Council for a Public Hearing and subsequent review. The Community Development Administrator shall include copies of the application and all supporting materials, final staff review and Planning Commission comments and recommendations, and other documents and information relevant to the Preliminary Development Plan.
A. Publication of Notice. A Notice of Public Hearing shall be published in a newspaper of general circulation in the City at least thirty (30) calendar days before the date of the public hearing. The notice shall include the date, time and location of the public hearing; the location of the property included in the Preliminary Development Plan; nature of development proposed; and a statement that any interested party may be heard.
B. Mailing of Notice. A Notice of Public Hearing shall be mailed at least ten (10) calendar days before the hearing to the applicant and all owners of land within 200 feet of a boundary line of the property included in the Preliminary Development Plan. The notice shall include the date, time and location of the public hearing; the location of the property included in the Preliminary Development Plan; nature of development proposed; and a statement that any interested party may be heard. Failure of delivery of notice shall not be grounds to challenge action taken on the application.
(5) Review and Decision by Council. Council shall review the application and other documents transmitted by the Community Development Administrator, hear the testimony presented by the applicant, City staff and municipal consultants and review the submittal criteria in Subsection 1111.07(b), below, (Review Criteria for Preliminary Development Plan). Council may request additional evidence, testimony, documents, studies and reports for a complete presentation and to permit a thorough evaluation of the impact of the proposed project. Council may approve the Plan as approved by the Planning Commission; approve the Plan with terms and conditions of approval for compliance with the Planning and Zoning Code and other applicable City regulations; or deny the application. Council's decision shall be final and binding on the Municipality and the developer.
(b) Review Criteria for Preliminary Development Plan. The Planning Commission and Council, respectively, shall consider the comments and recommendations of the City staff, Municipal Engineer and municipal consultants. Before approving a Preliminary Development Plan, the Planning Commission shall determine that:
(1) The plan is consistent with the Comprehensive Plan and any other applicable Municipal master plans for the orderly development of the City.
(2) The proposed use is permitted in the zoning district.
(3) The preliminary design and layout will be reasonably able to comply with municipal ordinances, standards and specifications when the Final Development Plan and Construction Documents are completed.
(4) The existing and permitted uses and values of property in the neighborhood and surrounding area are preserved.
(5) The uses and buildings within the development shall be harmonious and compatible with the existing and permitted uses and buildings on adjacent property.
(6) The development preserves and promotes the natural characteristics of the site to the maximum extent practicable.
(7) Safe and efficient pedestrian circulation patterns are provided within the development and to adjacent property.
(8) Adequate public services, parking, and open spaces are provided.
(9) Adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas is provided.
(10) Points of ingress and egress to the development are designed to control and minimize traffic congestion and interference with traffic on adjacent streets and generated by adjacent properties and developments.
(11) Emergency vehicle access and circulation are provided.
(12) Storm water drainage within and through the site is maintained by the use of swales, water courses and drainage areas and the final design and engineering will be in compliance with City Ordinances. Storm water drainage control methods shall be incorporated in the Final Development Plan when required by the Municipal Engineer or by a government agency with storm water jurisdiction.
(13) The proposed conceptual landscaping is designed consistent with the intent of Chapter 1153 (Landscaping, Buffers and Lighting Regulations) and the site landscaping and screening will:
A. Maintain existing trees when possible;
B. Buffer and screen adjacent incompatible uses;
C. Reduce the visual impact of large areas of pavement with trees and other natural plant material; and,
D. Provide appropriate trees and plant materials considering the mature size and shape thereof, climate and weather conditions of the City and compatibility with the buildings and site.
(Ord. 3273. Passed 5-9-24.)
1111.09 FINAL DEVELOPMENT PLAN (FDP) REVIEW.
The content requirements for the Final Development Plan submittal are listed in Chapter 1113 "Submittal Content Requirements". Final Development Plans shall be reviewed and approved according to the following procedures and review criteria.
(a) Procedures.
(1) Administrative Review and Comment. The Community Development Administrator shall accept, review, distribute and receive comments from the Municipal staff, Municipal Engineer, City Architect and municipal consultants for a complete application according to Section 1111.01(e) and (f).
(2) Planning Commission Review.
A. An application, as initially submitted or revised by the applicant based on the administrative comments, above, shall be forwarded to the Planning Commission for review. The Planning Commission shall review the application and other documents transmitted by the Community Development Administrator, hear the testimony presented by the applicant, City staff and municipal consultants and evaluate the application for consistency with the review criteria, in Subsection (b), below "Review Criteria for Final Development Plans." In undertaking this review, The Planning Commission may:
i. Take action on the application at the meeting at which the application is first presented.
ii. Request additional evidence, testimony, documents, studies and reports for a complete presentation and to allow thorough evaluation of the impact of the proposed project.
iii. Direct the Community Development Administrator to prepare a written report, which could include findings of fact and terms and conditions of approval summarizing the reasons for the Planning Commission's potential action to be considered by the Planning Commission at a subsequent meeting.
B. The Commission shall discuss the project and findings upon which it shall base its decision. Planning Commission may require terms and conditions of approval for compliance with the Planning and Zoning Code and other applicable City regulations.
C. The Planning Commission's decision shall specify the following based on the type of decision:
i. A decision or recommendation to approve shall include a finding of compliance with all applicable City regulations.
ii. A decision to deny shall cite the specific Municipal standard, specification, ordinance or master plan with which the Plan does not comply.
D. The Planning Commission's decision shall be based on the type of project:
i. For a single building site development, the Planning Commission's decision shall be to approve, approve with conditions or deny the application.
ii. The Planning Commission's decision on a Major Subdivision, Planned Residential Development or condominium development shall be a recommendation to Council to approve, approve with conditions or deny the Plan, according to the procedures set forth in Section 1111.13.
(b) Review Criteria for Final Development Plan. Planning Commission shall review the preliminary development plan for compliance with the criteria below, if applicable. Planning Commission shall consider the comments and recommendations of the City staff, Municipal Engineer and municipal consultants. Before approving a Final Development Plan, Planning Commission shall determine that:
(1) The plan conforms to the approved Preliminary Development Plan and municipal ordinances, standards and specifications.
(2) The permitted and existing uses and values of property in the area are preserved.
(3) The uses and buildings within the development are harmonious and compatible with existing and proposed uses and buildings on adjacent property.
(4) The development preserves and promotes the natural characteristics of the site.
(5) Adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas is provided.
(6) Site lighting is designed to minimize direct light, glare, and excessive glow and to comply with Section 1153.25 (Lighting Regulations) and other ordinances, standards and specifications.
(7) Municipal and non municipal utilities are adequate to properly service the proposed development and conform to the City's applicable Master Plans.
(8) The water system is sufficient to service both the projected domestic usage and Insurance Service Office recommendations for firefighting protection.
(9) Vehicular and pedestrian circulation satisfies the needs of the development, and complies with the approved traffic study recommendations, and City ordinances, standards, specifications and Master Plans.
(11) The landscaping is determined to:
B. Enhance the aesthetics of the principal buildings and site with landscape screening.
C. Maintain existing trees when possible;
D. Buffer and screen adjacent incompatible uses;
E. Reduce the visual impact of large areas of pavement with trees and other natural plantings; and,
F. Provide appropriate trees and plant materials considering the mature size and shape thereof, climate and weather conditions of the City, and compatibility with the buildings and site.
(12) If the project is developed in phases, each phase upon completion shall comply with the criteria in subsections (1) through (11) above.
(Ord. 3273. Passed 5-9-24.)
1111.11 SUPPLEMENTAL REGULATIONS RELATED TO DEVELOPMENT PLAN REVIEW.
(a) Equivalency Standard. In reviewing an application, the Planning Commission may find that a development plan either adheres to or is equivalent to the requirements of the Planning and Zoning Code.
(1) The Planning Commission may consider features of a development plan to be equivalent to a requirement in the Planning and Zoning Code if:
A. The development plan substantially complies with the specific requirements and the purposes, intent and objectives of the zoning district;
B. Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features shown on the plans, the proposal results in a development with features equivalent to or greater than the municipal standards and requirements; and
C. The development has no significant adverse impact upon the surrounding property or upon the health, safety or general welfare of the City residents.
(2) The applicant shall submit a written statement to the Planning Commission explaining how the equivalency requirements of this section have been satisfied. The Planning Commission shall state and explain in the Announcement of Decision how the proposal has satisfied the equivalency criteria. The Planning Commission may approve the application, including waivers from the municipal standards herein, if the application otherwise complies with municipal standards, specifications, ordinances and requirements of the Planning and Zoning Code.
(3) Approval of equivalent requirements is not a variance. This section allows the applicant to satisfy a requirement in a manner not anticipated by the City.
(4) The first meeting of the Planning Commission at which the applicant presents a proposal with equivalent standards or requirements shall be devoted to the discussion of the merits and deficiencies thereof. The Planning Commission shall act upon the proposal at a subsequent meeting.
(b) Project Phasing. The development plan for each phase of a multi phased development shall comply with the Planning and Zoning Code upon completion of each phase. A Final Development Plan may include all, or part, of a previously approved Preliminary Plan. A Construction Documents Submittal may include all or part of an approved preliminary and final development plan. The Planning Commission may impose conditions on its approval of the division of a development into two or more construction phases.
(Ord. 3273. Passed 5-9-24.)
1111.13 COUNCIL REVIEW OF FINAL DEVELOPMENT PLANS FOR MAJOR SUBDIVISIONS, PRDS, AND CONDOMINIUM DEVELOPMENTS.
Major subdivisions, PRDs, and condominium developments shall be reviewed pursuant to the procedures for Preliminary Development Plans (Section 1111.07) and Final Development Plans (Section 1111.09). Final development plans shall be subject to review and approval by City Council according to the following:
(a) The Community Development Administrator shall forward to the Clerk of Council copies of the final development plan application and all supporting materials, final staff review comments and recommendations, the Planning Commission's decision and other documents and information relevant to the Final Plan.
(b) Council shall review the application and other documents transmitted by the Community Development Administrator, hear the testimony presented by the applicant, City staff and municipal consultants and review the criteria in Section 1111.09(b) (Review Criteria for Final Plan). Council may request additional evidence, testimony, documents, studies and reports for a complete presentation and to allow thorough evaluation of the impact of the proposed project.
(c) Council shall discuss the project and findings upon which it shall base its decision. Council may impose terms and conditions of approval for compliance with the Code and other applicable City regulations.
(d) Council shall make a decision with findings of fact. An approval shall include a finding of compliance with all applicable City regulations. Council shall act to approve, approve with conditions or to deny the Final Development Plan. Council shall approve the application if it complies with all Municipal standards, specification, ordinances and master plans. Council's decision shall be final and binding on the Municipality and the developer.
(Ord. 3273. Passed 5-9-24.)
1111.15 MINOR SUBDIVISION AND RESUBDIVIDING REVIEW PROCEDURES.
An application for a minor subdivision, resubdivision or replatting of lots, including lot consolidation or lot line adjustment, or vacation of a subdivision of land shall be reviewed pursuant to the procedures for Final Development Plans (Section 1111.09).
(Ord. 3273. Passed 5-9-24.)
1111.17 COMMUNITY DEVELOPMENT ADMINISTRATOR REVIEW AND ISSUANCE OF ZONING CERTIFICATES.
(a) Applicability.
(1) The Community Development Administrator has the responsibility for reviewing and issuing Zoning Certificates for:
A. All applications for Zoning Certificates required for the construction, reconstruction, alteration, or expansion, in whole or in part, of one- and two-family dwellings and accessory structures related thereto;; and
B. Applications that have been granted Final Development Plan approval by the Planning Commission and Council, as applicable.
(2) Prior to the Community Development Administrator issuing a Zoning Certificate the applicant shall:
B. Have documented to the satisfaction of the City that all other agency approvals that may be required have been granted.
(b) Initial Review. For applications that are not subject to subsection 1111.17(a)(1)A., above, the applicant may request from the Community Development Administrator a Record of Decision based on preliminary plans that have been submitted with sufficient detail for the Community Development Administrator to prepare a Record of Decision to guide the applicant on the current level of compliance and any further deficiencies that need to be overcome before the Zoning Certificate is issued. During this review, the Community Development Administrator may request review and opinions from City staff, Municipal Engineer and municipal consultants for their review and comments.
(c) Review of Construction Documents.
(1) Administrative Review and Comment. The Community Development Administrator shall accept, review, distribute and receive comments from the Municipal staff, Municipal Engineer, City Architect and municipal consultants for a complete application according to Section 1111.01(e) and (f).
(2) Action by Community Development Administrator. When all deficiencies have been corrected and all final recommendations from the plan reviewers are received, the Administrator shall issue an Announcement of Decision for approval, approval with conditions or denial of the Construction Documents Submittal within ten (10) business days.
A. Approval. If the Construction Documents are approved, the Community Development Administrator shall issue a Zoning Certificate.
B. Approval with conditions. If the application is approved with conditions, plans and documents shall be corrected or revised to comply with the conditions prior to the issuance of a Zoning Certificate. Conditions may include changes in the setbacks, layout, open space arrangement, on-site control of access to streets, or features such as fences, walls and plantings to screen and buffer the proposed development from the surrounding area. When the reviewers confirm that the Construction Documents and Preconstruction Submittals have been revised as required, the Community Development Administrator shall issue a Zoning Certificate.
C. Denial. If the Construction Documents fail to comply with Municipal ordinances, standards and specifications, then the Community Development Administrator shall deny the submittal and not issue a Zoning Certificate. The Community Development Administrator shall prepare a written decision and send it to the applicant stating the reasons for the denial and refer to each specific ordinance, standard, specification or other regulation with which the Construction Documents do not comply.
(d) Zoning Certificate. Issuing the Zoning Certificate permits the applicant to commence construction subject to the construction and post construction requirements in Section 1111.25. (Ord. 3273. Passed 5-9-24.)
1111.19 REVIEW PROCEDURES FOR DEVELOPMENT OF PUBLIC PROPERTY.
As required by the City Charter, any public improvement that is proposed by the City, which is located outside of an existing public right-of-way or easement, shall be referred to the Planning Commission for review, comment and recommendation for approval, approval with modifications or conditions or denial. The actions of the Planning Commission, and the reasons, therefore, shall be promptly forwarded to City Council.
(Ord. 3273. Passed 5-9-24.)
1111.21 PRECONSTRUCTION REVIEW.
(a) Within six (6) months of approval of the Construction Documents, the applicant shall file the Preconstruction Submittal with the Community Development Administrator for review and approval. Approval of the Preconstruction Submittal is required prior to starting any earth moving activities or construction activity. The content requirements for the Preconstruction Submittal are listed in Chapter 1113 (Submittal Content Requirements).
(b) Review. The Preconstruction Submittal shall be reviewed according to the following procedures.
(1) Municipal Staff and Consultant Review. The Community Development Administrator shall accept, review, distribute and receive comments from the Municipal staff, Municipal Engineer, City Architect and municipal consultants for a complete application according to Section 1111.01(e) and (f).
(2) Review Comments. When all review comments have been received, the Community Development Administrator shall forward the comments to the applicant within three (3) business days.
A. If deficiencies are noted by the plan reviewers, the Community Development Administrator shall transmit the review comments to the applicant for correction and revision. The applicant may correct the deficiencies and submit the application for further review or withdraw the submittal by sending a written notice of withdrawal to the Community Development Administrator.
B. If the applicant fails to submit corrected or revised plans to the Community Development Administrator within ninety (90) days of the date when the review comments were transmitted to the applicant, the submittal shall expire, and all approvals shall terminate and be null and void.
(3) Action by Community Development Administrator. When all deficiencies have been corrected and all final recommendations from the plan reviewers are received, the Community Development Administrator shall approve, approve with conditions or deny the submittal within ten (10) business days.
A. Approval. If the submittal documents are approved, the Community Development Administrator shall schedule the Preconstruction Meeting, in subsection 1111.21(c) below.
B. Approval with conditions: If the application is approved with conditions, the submittal plans and documents shall be revised to comply with the conditions and submitted for review and approval prior to the scheduling of a Preconstruction Meeting.
C. Denial. If the Construction Documents fail to comply with Municipal ordinances, standards or specifications, the Community Development Administrator shall deny the submittal. The Community Development Administrator shall prepare a written decision and send it to the applicant stating the reasons for the denial and refer to each specific ordinance, standard, specification or other municipal regulation with which the Preconstruction Submittal does not comply.
(c) Preconstruction Meeting. Once a Preconstruction Submittal is approved, the Community Development Administrator shall schedule a meeting with the applicant and the Public Service Director. The purpose of the meeting is to bring together the City staff, City inspectors, the project general contractor, the project owner and other involved parties to coordinate the inspection process, administrative requirements for field changes, responsibilities for inspection scheduling, final questions regarding the approved plans and other administrative issues prior to the start of construction. After the preconstruction meeting, the Community Development Administrator shall issue a Zoning Certificate, and the applicant may start construction.
(Ord. 3273. Passed 5-9-24.)
1111.23 PROCEDURES AND REQUIREMENTS FOR ZONING COMPLIANCE CERTIFICATE.
(a) Applicability. The purpose of this Section is to assure that construction of all buildings and improvements to all lands are in compliance with the construction and improvements authorized in the Zoning Certificate and with any modifications or change orders approved during construction.
(b) Conformance to Construction Documents. All work shall conform to the Construction Documents approved by the Municipality. Any deviation therefrom shall require the prior specific written approval of the Approving Authority for the construction documents. The Community Development Administrator, or designee, shall inspect the project. If inspection reveals that work does not conform to the approved plan, then the Community Development Administrator shall proceed with enforcement pursuant to Chapter 1121 (Enforcement and Penalties).
(c) Construction Inspection and Testing. The developer shall contact municipal inspectors and the Public Service Director, or designee, to schedule inspections or material testing for compliance with municipal ordinances, standards, specifications and approved Construction Documents.
(1) Work or materials that do not comply shall be corrected or the Community Development Administrator shall proceed with enforcement action pursuant to Chapter 1121 (Enforcement and Penalties).
(2) Upon completion of a municipal inspection, the Inspector shall provide a written copy of the inspection results to the Community Development Administrator. The Community Development Administrator shall transmit a copy of the report to the permit applicant's designated contact person.
(3) Upon completion of a material or performance test (i.e. concrete strength test or subgrade proof roll), the inspecting agency shall provide a copy of the written test results to the Community Development Administrator. The Community Development Administrator shall transmit copies to the municipal staff and the permit applicant's designated contact person.
(d) Field Change Orders. No construction work shall be approved unless it complies with the approved Construction Documents. A written field change request may be made during construction in accordance with Planning Commission policy. An inspector shall not approve a field change from the approved construction plans or specifications. The City Engineer may approve field change requests for one- and two-family residential projects.
(e) Elevation Certificate. When the building foundation footers have been installed, the developer's engineer or surveyor shall survey the location and depth of building and structure footers and submit to the Community Development Administrator written certification that the footer locations and elevations and floor elevations comply with the approved Construction Documents submittal. Further construction shall not proceed until the elevation certificate is submitted to the Community Development Administrator.
(f) Finish Grade Elevations. Before final inspection approval, the developer's engineer or surveyor shall field survey the completed site finish grading and submit to the Community Development Administrator written certification that the site finish grade elevations comply with the approved grading plans.
(g) Final Inspections. Upon the completion of construction, and prior to use or occupancy of the land or building, the applicant shall pay required inspection fees; provide copies of the final inspection approvals from the Geauga County Building Department, Chardon Fire Prevention Bureau, Geauga County Health Department, Geauga Soil and Water Conservation District and other inspecting agencies; and schedule a final inspection of the work with the Public Service Director, or designee. Final inspection establishes that work conforms to the approved plans and complies with all applicable municipal ordinances, standards and specifications. Deficiencies noted during the final inspection shall be corrected. Upon completion of the corrective work the applicant shall schedule another inspection. When the final inspection is approved, the applicant may file a Zoning Certificate Application for Occupancy of the land or building.
(h) Issuance of Zoning Compliance Certificate. When a project is completed, inspected and approved by the Municipality and all required permits have been issued, subsequent repair, renovation, maintenance or other work on the site conforms to the final plan approved by the City and any modifications thereto, a Zoning Compliance Certificate shall be issued.
(i) Temporary Zoning Compliance Certificates. The Community Development Administrator may issue Temporary Zoning Compliance Certificates under the following conditions:
(1) Timeframe. Due to the prevailing weather conditions in Northeast Ohio from late autumn until early spring, the Community Development Administrator may extend the deadline for compliance with the requirements for one- and two-family dwellings that are completed between November 1st and April 1st. A Temporary Certificate of Occupancy may be granted until June 1st.
(2) Required Submittals. If a property owner or builder requests a temporary occupancy permit the following items must be submitted to and approved by the Community Development Administrator:
A. Application for Temporary Occupancy Permit
B. Finance Department Form
C. Documentation from applicant stating the timing for the completion of outstanding items and the status of contracts to complete these items
D. Geauga County Building Department Certificate of Occupancy
E. Compliance letter from Geauga Soil and Water District
F. Zoning Department final interior inspection for System Development Charge
G. Approved Closeout Sheet.
(3) Revocation. The temporary certificate of occupancy may be revoked by the Community Development Administrator if the conditions of approval are not met. The property owner may appeal the Community Development Administrator's revocation to Planning Commission at its next regular meeting following the revocation.
(4) Extension. The Community Development Administrator may also grant an extension beyond June 1st not to exceed sixty (60) days for further extraordinary or unusual weather related or other circumstances. Any further extension shall be granted by Planning Commission
(j) Violations. If work commences and, after inspection, the Community Development Administrator determines that the plan or work do not conform with the approved plan, then the Community Development Administrator shall give written notice of the violation to the applicant, developer or current owner of the premises. If the applicant, developer or owner does not cease work, correct or remedy all work that does not conform to the approved plan, or immediately file an application for modification of the approved plan, then the Community Development Administrator shall proceed with enforcement pursuant to Chapter 1121 (Enforcement and Penalties). (Ord. 3273. Passed 5-9-24.)
1111.25 SUPPLEMENTAL REGULATIONS FOR PLATS.
(a) Acceptance of Dedication of Land or Improvements for Municipal Use.
(1) No plat of subdivision, municipal easement or lands or improvements to be dedicated to municipal use shall be recorded in the office of the Geauga County Recorder until approved by Council in accordance with the Planning and Zoning Code. A plat, deed or other instrument recorded without the required municipal approvals is invalid, and Council shall direct that a complaint be filed to strike the plat or instrument from the records of the Geauga County Recorder.
(2) The Planning Commission and Council shall review a subdivision plat for compliance with the criteria below.
A. The subdivision plat and plans in support are consistent with the Comprehensive Plan and comply with the Planning and Zoning Code and, in particular, Chapter 1163 (General Construction Requirements for Improvements).
B. The Municipal Engineer has certified on the subdivision plat that all improvements in the approved Construction Documents have been constructed, inspected, approved, and comply with Municipal ordinances, standards and specifications.
C. The Municipal Engineer has certified on the subdivision plat that the public facilities, including but not limited to streets, water lines and sanitary and storm sewers, are adequate to support and serve the development; and the municipal water supply system as constructed has the capacity to provide an adequate supply of municipal water for the development.
D. The Municipal Engineer has certified on the subdivision plat that improvements to be dedicated to public use have been constructed, inspected and approved and comply with Municipal ordinances, standards and specifications.
E. The open space provided complies with the approved submittals.
F. The recommendations in any previously approved traffic impact studies have been implemented.
G. A copy of the declaration of condominium, homeowner's association bylaws and other documents for the creation and operation thereof, deed restrictions and easements have been approved by the Law Director and the Community Development Administrator.
H. The subdivision plat and its supporting documents substantially comply with previous approvals and the Planning and Zoning Code.
I. All certifications required for recording the subdivision plat upon proper execution thereof have been included.
(3) Planning Commission Action. The Community Development Administrator shall forward to the Planning Commission copies of the Record Documents Submittal and all supporting materials, final staff review comments and recommendations, a draft ordinance and other documents and information relevant to the submittal.
Planning Commission shall review the submittal materials and other documents transmitted by the Community Development Administrator; hear the testimony presented and exhibits submitted by the applicant, City staff and municipal consultants; and review the applicable criteria in Section 1111.25(a)(2). Planning Commission may act at the same meeting the application was first considered or request additional evidence, testimony, documents, studies or reports for consideration at a subsequent meeting. Planning Commission shall discuss the application and may impose terms or conditions of approval for compliance with the requirements in the Planning and Zoning Code and other applicable City regulations.
(4) Council Action. The Community Development Administrator shall forward to the Clerk of Council copies of the Record Documents Submittal and all supporting materials, final staff review comments and recommendations, the Planning Commission's findings and determinations, a draft ordinance and other documents and information relevant to the submittal.
A. Council shall review the submittal materials and other documents transmitted by the Community Development Administrator; hear the testimony presented and exhibits submitted by the applicant, City staff and municipal consultants; and review the applicable criteria in Section 1111.25(a)(2). Council may request additional evidence, testimony, documents, studies or reports. Council shall discuss the application and may impose terms or conditions of approval for compliance with the requirements in the Planning and Zoning Code and other applicable City regulations.
B. Council may vote upon the submittal or direct the Community Development Administrator to prepare a written documentation, incorporating findings of fact and terms and conditions of approval for final vote at a subsequent meeting.
(5) Certification of Acceptance Required. The City shall not accept any lands, easements, or improvements for public use nor assume any liability or maintenance responsibility therefor unless:
A. The President of Council certifies the approval and acceptance thereof upon the plat of record.
B. Lands, easements, or improvements offered for dedication to public use shall comply with all applicable municipal ordinances, standards, specifications and other requirements unless a waiver, exception, or variance has been granted by the Planning Commission or Council.
(6) Issuance of Zoning Compliance Certificate. When the Record Documents Submittal has been approved and the conditions thereof, if any, have been satisfied, the Community Development Administrator shall issue a Zoning Compliance Certificate pursuant to Section 1111.23.
(b) Recording Procedures. No plat, legal description, deed or other instrument that grants an interest in real estate, shall be recorded with the Geauga County Recorder until the Record Documents have been approved in accordance with the Planning and Zoning Code in accordance with Section 1111.25(a). The applicant shall cooperate with the Community Development Administrator so that the necessary documents are filed for record in the office of the County Recorder within ten (10) days of Record Documents approval. The approved documents shall remain in the custody of the Community Development Administrator until recorded with the Geauga County Recorder. Costs of recording and for the Municipal record copies shall be paid by the applicant prior to recording.
(1) The recording of instruments dedicating lands or improvements for public use shall comply with the requirements of Section 1111.25(a).
(2) One (1) additional mylar copy of the Plat of Record or map of a subdivision, Planned Residential Development, condominium or other development, with all required certifications, and signatures, and the date and time of recording shall be provided at the time of recording by the applicant to the Community Development Administrator, for the Municipal records.
(3) One (1) additional copy of the document of a lot line adjustment or lot consolidation, easement, land reservation or other recorded instrument of real estate, with sufficient space for stamping the date and time of recording, shall be provided by the property owner at the time of recording to the Community Development Administrator for the Municipal records.
(4) No plat of subdivision, Planned Residential Development, condominium, minor subdivision (lot split), lot consolidation, or land reservation shall be filed for record in the office of the Geauga County Recorder until it has been approved by the Council, Planning Commission or Community Development Administrator. A recorded plat without the required municipal approvals is invalid, and Council shall direct the Law Director to file a complaint to strike the plat from the records of the Geauga County Recorder.
(c) Revisions to Association Documents. If a homeowner's association, community association, condominium association or similar organization of property owners amends the bylaws, declaration, code of regulations or other recorded instrument which imposes maintenance obligations upon the City or reduces access to common areas by the City or other parties, the amendment shall be submitted to the Law Director and Community Development Administrator for review and approval. The bylaws, declaration, code of regulations or other recorded instrument shall include a statement in bold print notifying the owners and purchasers of the lots or units of the Association's maintenance duties and obligations. Failure to obtain approval of an amendment as required herein is a violation of the Planning and Zoning Code
(d) Transfer of Land before Recording.
(1) Neither the owner of land nor another with the authority and approval of the owner shall transfer a lot, parcel or tract of land incorporated into a subdivision plat before the plat is approved and recorded. A metes and bounds legal description of the lot, parcel or tract in the deed of transfer shall not exempt the owner from compliance with this section. The Municipality may file a civil action in a court of competent jurisdiction to prevent the transfer of the land and may file a criminal complaint alleging a violation of this section pursuant to Section 1107.99 (Penalties).
(2) The transfer of a lot, parcel or tract incorporated into a plat of a subdivision on which private streets or open space are reserved for the exclusive use of the abutting or other owners in the subdivision and are not dedicated public streets, ways or grounds shall not exempt the owners from the requirements or the penalty of this section.
(e) Maintenance guarantees shall be posted when required by Section 1163.05 (Maintenance Guarantee). (Ord. 3273. Passed 5-9-24.)
1111.27 POST CONSTRUCTION REQUIREMENTS AND RECORDS.
Within two (2) months after completing construction of all site improvements and buildings, Record ("as built") Documents shall be submitted for review and approval. Approval of the Record Documents submittal completes the construction and approval process and provides the City with the final plans and records of the constructed improvements (whether public or private), the plat of survey for all lands subject to sale or transfer, and other documents for recording with the Geauga County Recorder. The submission requirements for the Record Documents submittal are in Chapter 1113 (Submittal Content Requirements). The submitted materials shall be verified by the appropriate City staff as applicable. Failure to submit such documents shall be a zoning violation and subject to penalties in Chapter 1121.
(Ord. 3273. Passed 5-9-24.)
1113.01 PURPOSE AND APPLICABILITY.
(a) This Chapter sets forth the submittal requirements for consideration of a Concept Plan, Preliminary Development Plan, Final Development Plan, Construction Documents, Inspections, Record Documents or other development plans which shall be prepared and submitted by the applicant in accordance with the Planning and Zoning Code and other municipal requirements as summarized in Schedule 1113.01. The purposes of this chapter are to require accurate surveys and sufficient information about the development project on properly prepared plans, for the effective and efficient review and approval for the various phases as the project progresses.
(b) This chapter imposes the minimum requirements, provisions and information for a development plan submittal and is not intended to limit the information that may be required for thorough and proper review and approval of a project.
(c) The submittal shall include completed or previously approved improvements and conditions, all development construction proposed as part of the project and all information, data and plans required by other Municipal regulations.
(d) An application for zoning or subdivision approval shall be completed and submitted on the form provided by the City and shall include all information necessary under Municipal regulations for thorough and proper review by the Community Development Administrator, and as required by the Planning and Zoning Code and the submission requirements of this Chapter. All documentation and plans submitted shall comply with the following:
(1) All plans and drawings shall be to scale and sufficiently clear, comprehensive, detailed, and legible, together with any accompanying specifications and data, for plan reviewers to determine whether the proposed work conforms to municipal requirements
(2) Additional information, plans or data necessary for review, approval and to determine compliance with Municipal ordinances, standards and specifications may be requested by Municipal reviewing authorities.
(3) Two (2) or more individual plans or supporting documents may be combined into a single plan sheet or document that contains all required information required for each and all details are clearly legible. The combined plan or document title shall clearly indicate that a combination of information is provided.
(4) The Community Development Administrator may waive a submittal requirement if the waiver thereof is consistent with generally accepted planning or engineering standards and principles and, based on the scope and nature of the project, the item waived is not material in aiding in the project's review.
Summary of Submittal Requirements for Permitted Uses and Structures | ||||
Item | Preliminary Development Plan | Final Development Plan | Construction Drawings | Record Documents |
Permitted Uses | ||||
(a) Development Plan Review | X | X | ||
(b) Land improvements for public projects | X | X | ||
(c) Use, reuse or expansion of a use on vacant land | X | X | ||
(d) Planned Residential Developments and condominium developments | X | X | X | X |
(e) Single-family and two-family dwellings and accessory structures | X | X | ||
(f) Minor Construction - as defined in Section 1111.01(c)(2) | X | X | ||
Subdivisions | ||||
(g) Minor subdivision | X | X | ||
(h) Lot consolidation and lot line adjustment | X | X | ||
(i) Major Subdivision | ||||
B. Preliminary Plat | X | X | ||
C. Final Plat | X | X | ||
D. Dedication of Public Land | X | |||
(Ord. 3273. Passed 5-9-24.)
1113.03 CONCEPT PLAN SUBMITTAL (OPTIONAL).
When this optional step is selected by the applicant, the submission shall include, as a minimum, the proposed uses in the development; a sketch site plan depicting the building footprint, general parking and circulation, open space, natural features, and preliminary areas for retention/detention and drainage and relationship of the proposed development to adjacent property; a preliminary floor plan; and preliminary architectural elevations of the proposed buildings. All of this information shall be with sufficient detail, as guided by the Community Development Administrator, to have a meaningful discussion with the City Administration and the Planning Commission. (Ord. 3273. Passed 5-9-24.)
1113.05 PRELIMINARY DEVELOPMENT PLAN SUBMITTAL.
(a) Purpose. A Preliminary Development Plan submittal affords an opportunity for City officials to evaluate the general design of the project for compliance with Municipal requirements and the impact of the project on the community pursuant to Section 1111.07(b) (Criteria for Preliminary Development Plan); and provides the applicant with an opportunity to seek the advice, suggestions and recommendations of the reviewing authorities and approving authority before proceeding with a more detailed project design plan.
(b) Submittal Contents. A Preliminary Development Plan submittal shall include:
(1) Site Development Permit Application.
(2) Payment of submittal fees and plan review deposits.
(3) Evidence of property ownership or the right to represent the property owner in this matter.
(4) Rendering(s) of proposed building or proposed exterior alteration design(s).
(5) Proposed land uses.
(6) Site plan including building footprints, preliminary elevations, parking and circulation, open space and the general intent of the open space areas.
(7) Conceptual landscaping and screening plans.
(8) Proposed development schedule.
(9) Such other plans and documents as are necessary, in the opinion of the Community Development Administrator, to fully evaluate the submittal and proposed work for compliance with the Municipal ordinances, standards and specifications.
(Ord. 3273. Passed 5-9-24.)
1113.07 FINAL DEVELOPMENT PLAN SUBMITTAL.
(a) Purpose. A Final Development Plan submittal shall provide specific details about the project sufficient to address Municipal requirements including those listed in Section 1111.09(b) (Criteria for Final Development Plan) and obtain approval from the Approving Authority.
(b) Conformance with Approved Preliminary Development Plan. A Final Development Plan submittal that fails to substantially conform to the approved Preliminary Development Plan shall be rejected. The applicant may either revise the final plan submittal to conform to the approved Preliminary Development Plan or request that the Final Development Plan shall also include an amendment to the Preliminary Development Plan prior to acting on the Final Development Plan
(c) Phased Development. A Final Development Plan submittal may include all or any part of the development approved in the Preliminary Development Plan with the remainder of the development subject to subsequent Final Development Plan approvals as a project is developed.
(d) Submittal Contents. A Final Development Plan submittal shall include:
(1) Site Development Permit application.
(2) Payment of submittal fees and plan review deposits.
(3) Proposed uses.
(4) Detailed site plan including utilities with engineering feasibility studies and road improvements.
(5) Easements, if necessary, for proposed utilities, drainage, emergency accessways and other improvements on the plan.
(6) Proposed landscaping and screening plans indicating the description, location and nature of existing and proposed vegetation, landscaping and screening elements and the existing trees to be removed.
(7) Preliminary architectural sketches of buildings and other structures, floor plans, samples of proposed building exterior finish materials, site construction materials and signs.
(8) Preliminary traffic impact study.
(9) Covenants and restrictions, if any required.
(10) Proposed development schedule.
(11) Evidence of property ownership or the right to represent the property owner in this matter.
(12) Other plans and documents necessary, in the opinion of the Community Development Administrator, to thoroughly and properly evaluate the submittal and proposed work for compliance with the Municipal ordinances, standards and specifications.
(Ord. 3273. Passed 5-9-24.)
1113.09 SUBMISSION REQUIREMENTS FOR COMMUNITY DEVELOPMENT ADMINISTRATOR APPROVAL.
However, prior to submitting the Construction Documents, the applicant may elect to, generally, submit the elements required for a Concept Plan, which is reviewed by the Community Development Administrator, and other administrative officials as requested by the Community Development Administrator. After such review, the applicant will receive a Record of Decision that summarizes the status of the project including any deficiencies and suggestions to modify the proposal to be in full compliance with the Planning and Zoning Code.
(Ord. 3273. Passed 5-9-24.)
1113.11 CONSTRUCTION DOCUMENTS SUBMITTAL.
(a) Purpose. The purpose of the Construction Documents submittal is to provide plans for construction prepared in compliance with Municipal requirements and to incorporate details from prior approved submittals. Review shall commence under Section 1111.17.
(b) Conformance with Previous Submittal. A Construction Documents submittal that fails to substantially conform to the previously approved Final Development Plan shall be rejected unless applicant either revises the Construction Documents to conform to the previously approved Final Development Plan or the Final Development Plan is first amended.
(c) Phased Development. A Construction Documents submittal may include all or any part of the land in the previously approved submittal. Phasing of the project by submitting in the Construction Documents only part of the land area in the previously approved submittal, with the remainder in later Construction Documents submittals as a project developed in phases, may be permitted by the final approving authority.
(d) Submittal Contents. A Construction Documents submittal shall contain the information and documents required for the project proposed when the following information is applicable:
(1) Zoning Certificate Application.
(2) Site Development Permit Application.
(3) Payment of submittal fees and plan review deposits.
(4) Estimate of water usage and sanitary sewer discharge.
(5) Site plan fully detailed.
(6) Grading and surface water drainage plan.
(7) Storm water drainage calculations with a copy of NPDES permit application to Ohio EPA for storm water discharge.
(8) Copy of Clean Water Act § 404 permit from U.S. Army Corp of Engineers.
(9) Utilities plan.
(10) Landscape plan.
(11) Erosion and sediment control plan.
(12) Easements necessary for the development project.
(13) Building construction plans.
(14) Proposed construction schedule.
(15) Other plans and documents which are necessary, in the opinion of the Community Development Administrator, to fully evaluate the submittal and proposed work for compliance with Municipal ordinances, standards and specifications.
(e) Minor Subdivisions, and Resubdivisions (lot consolidation, lot line adjustment). In addition to the requirements in subsection (d), the submission shall include:
(1) Plat of Survey for minor subdivision or lot consolidation.
(2) Legal descriptions required for lot splits including the parcel prior to division, each parcel to be created, and the remainder of the parent parcel after the division; or the receiving parcel prior to consolidation and the receiving parcel after consolidation.
(3) Copy of recorded deed or title policy documents showing the applicant's interest in the property and the owner thereof.
(f) Major Subdivisions, Planned Residential Developments and Condominium Developments. The following information is required in addition to the requirements in subsection (d), above.
(1) Traffic Impact study.
(2) Plat of survey.
(3) Street plan.
(4) Legal description of proposed project boundaries.
(5) Covenants and restrictions.
(g) Variances. Construction Document plans and proposed work shall comply with Municipal requirements unless the applicant requests a variance with the submittal. If approved, the variance and any conditions, restrictions, limitations and requirements thereof, shall become a part of the Construction Documents approval.
(Ord. 3273. Passed 5-9-24.)
1113.13 PRECONSTRUCTION SUBMITTAL.
(a) Purpose. The purpose of the preconstruction submittal is to review the plans and other documents for compliance with final terms and conditions of plan approval, permit issuance requirements, insurance coverages, performance guarantee and other administrative requirements and approval thereof before work begins.
(b) Conformance with Previous Submittals. A preconstruction submittal shall not be approved unless it substantially conforms to previously approved submittals. A variance by the final approving authority from an approved plan or Municipal specification may be requested as part of the submittal.
(c) Submittal Contents. A preconstruction submittal shall include the following, when applicable:
(1) Approved construction drawings for site work.
(2) Approved architectural construction drawings for all buildings and structures.
(3) Plumbing schematic drawing.
(4) Plans for the installation of automatic fire suppression systems and fire alarm system.
(5) Contractor registration (general contractor) and a list of all subcontractors for the project.
(6) Performance Guarantees (as required).
(7) Certificate of liability insurance naming the City of Chardon as an additional insured.
(8) Copy of approved Site Development Permit.
(9) Copy of approved Zoning Certificate.
(10) Copy of approved Building Permit from the Geauga County Building Department.
(11) Copy of approval from County Health Department or Ohio EPA for on-site sewage treatment facilities (if applicable).
(12) Copy of approved Ohio EPA Permit to Install Sewers.
(13) Copy of approved Ohio EPA Permit to Install Water Lines.
(14) Copy of approved NPDES Permit for storm water discharge from Ohio EPA.
(15) Copy of approved Clean Water Act § 404 Permit from U.S. Army Corps of Engineers.
(16) Manufacturer's catalog cut-sheets for all materials to be used in the installation and construction of a water line, sewer line, traffic signal equipment, street lights, traffic control signs, pavement markings and storm water management structures or devices.
(17) Certifications for all pipe bedding and granular backfill material;
(18) Concrete and asphalt mix designs for streets, sidewalks, driveways and driveway aprons.
(19) Application for Water Service.
(20) Application for Sanitary Sewer Service.
(21) Application for Storm Sewer Service.
(22) Payment of all fees and deposits which are due and payable.
(23) Final construction schedule.
(24) Other plans and documents that are necessary to thoroughly and properly evaluate the submittal and proposed work and compliance with Municipal ordinances, standards and specifications.
(Ord. 3273. Passed 5-9-24.)
1113.15 RECORD DOCUMENTS SUBMITTAL.
(a) Purpose. The purpose of the Record Documents submittal is to provide the Municipality with complete and final records of the construction of improvements (public and private) within the project boundaries, the record plat of survey which includes all land offered for sale or transfer, and copies of documents recorded in the office of the Geauga County Recorder.
(b) When required by the specific improvement regulation, record ("as built") drawings shall be provided to the Municipality within sixty (60) days of the completion of construction of each improvement. Said record drawings shall conform to the requirements of Chapter 1113 and the Municipal Standards for Plan Contents.
(c) Record Drawings - Generally. One complete mylar set of the approved record drawings which shall include the approved Construction Documents modified to include in the documents all approved change orders and other modifications made during construction and all related inspection reports, certificates of approval and occupancy, and any amended permits from other agencies.
(d) Record Drawings - Lands and Improvements to Be Dedicated to Public Use. In addition to the requirements in Sub-section (b), above, the submittal shall include:
(1) Maintenance and performance guaranties for improvements.
(2) Lien releases from the general contractor, each subcontractor and each material man.
(Ord. 3273. Passed 5-9-24.)
1115.01 PURPOSE.
The purpose of this Chapter is to provide procedures for the approval and issuance of a conditional use certificate, which is required before a conditional use shall commence.
(Ord. 3273. Passed 5-9-24.)
1115.03 DESIGNATION AS A CONDITIONAL USE.
(a) Certain types of uses are classified as conditional uses because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements, or potential for significant impact on a particular district. The forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied, depending upon functional characteristics, competitive situations, and the availability of land. Consequently, the conditional use procedures call for a flexible and equitable review for properly accommodating such activities in the community.
(b) In order to accomplish such a dual objective, this Chapter sets forth a review procedure that enables a more detailed consideration of each conditional use in regard to the proposed conditions of location, design, size, operation, intensity of use, generation of noise, lighting, traffic and traffic movement, concentration of population, processes and equipment employed, and amount and kinds of public facilities and services required, together with many other factors. Review of this information by the Planning Commission ensures that each proposed conditional use is consistent with the intent and objectives of the particular district in which it is to be located. (Ord. 3273. Passed 5-9-24.)
1115.05 PREAPPLICATION MEETING ENCOURAGED.
The applicant is encouraged to meet with the Community Development Administrator prior to submitting an application for a Conditional Use Certificate to discuss the requirements of the conditional use regulations and the submittal procedure for issuance of a conditional use certificate. The matters discussed by the Community Development Administrator and applicant are to provide guidance to the applicant and facilitate the submittal process. The Community Development Administrator does not have the authority to approve or deny a conditional use certificate. (Ord. 3273. Passed 5-9-24.)
1115.07 APPLICATION.
The owner or other interested party shall file an application for a Conditional Use certificate with the Community Development Administrator and pay the application fee. The application shall state all uses proposed on the property and the location, extent, and characteristics of the conditional use, and shall include the review of a development plan as required in Section 1111.01 unless the Community Development Administrator determines development plan review to be inapplicable or unnecessary.
(Ord. 3273. Passed 5-9-24.)
1115.09 APPLICATION PROCEDURES.
An application for Conditional Use shall be administered as follows:
(a) Initial Review. Within three (3) business days of receipt, the Community Development Administrator shall review the application documents. If the submission is deficient, the Community Development Administrator shall notify the applicant of the changes or additional information needed. When the submission is complete, the Community Development Administrator shall accept the application for review.
(b) Staff Review. The Community Development Administrator shall transmit copies of the application documents to the City staff and municipal consultants for review. The City staff and the consultants shall transmit their written comments and recommendations to the Community Development Administrator within ten (10) business days of receipt for review.
(c) Public Hearing. After the application review is completed the Community Development Administrator shall schedule the application for hearing before Planning Commission. Members of the Planning Commission shall receive copies of the application documents; consultant's review comments and recommendations; City staff's review and recommendations; and such other available documents and information which may assist the members of the Planning Commission in making a decision. The Community Development Administrator may include a draft Announcement of Decision with finding of facts.
(d) Public Notice. Prior to the hearing before the Planning Commission, a Notice of Public Hearing shall be:
(1) Published in a newspaper of general circulation in the City at least ten (10) days before the Planning Commission meeting. The notice shall state the date, time and place of the public hearing; the conditional use requested in the application; and a statement that any interested party may be heard at the meeting.
(2) Mailed at least ten (10) calendar days before the Planning Commission meeting to the applicant and all owners of land within 200 feet of the boundary of property that is the subject of the application. The notice shall set forth the date, time and place of the public hearing, the conditional use requested in the application and a statement that any interested party may be heard at the meeting. The notice shall be sent to each owner at the tax mailing address listed in the property records of the Geauga County Auditor. Failure of delivery of the notice shall not invalidate Planning Commission action taken on the application.
(e) Testimony at Public Hearing. Any person may testify at the public hearing. All testimony shall be given under oath. A person who testifies shall be subject to questioning by members of the Planning Commission and the applicant. The Planning Commission shall consider competent testimony and evidence, reports and staff comments and recommendations. The Planning Commission may recess a public hearing to a later date, and no further public notice shall be required. After the presentation of evidence and comments by the Commission members, applicant and City representatives, the hearing shall be closed.
(f) Review of Application and Documentation. The Planning Commission may request additional information for complete review of the issues raised by the applicant. Additional reports, data, documents, plans, comments or expert opinions shall be received by, or submitted to, the Community Development Administrator and timely transmitted to the Planning Commission.
(g) Decision. The Planning Commission shall review and discuss the application, comments and recommendations of the City staff and consultants, the evidence and testimony presented at the public hearing and shall apply the conditional use criteria (see Section 1115.11). The Planning Commission shall review the development plan for the Conditional Use according to the review process in Chapter 1111.
(1) After closing the hearing, the Planning Commission shall discuss the development plan and findings of fact that address each of the criteria listed in Section 1115.11.
(2) The Planning Commission shall approve a Conditional Use when the record supports a finding that the application conforms to the review criteria for a conditional use. The Planning Commission may approve the application as submitted, attach conditions to the approval, approve the application with the condition of later approval of a development plan or deny the application.
(3) The Announcement of Decision shall include findings of fact and discuss evidence in the record that supports the general criteria for all conditional uses and the requirements for the proposed conditional use in Section 1115.11 and Chapter 1145 (Conditional Use and P* Use Regulations). The Commission may vote upon the application, incorporating the adopted findings of fact and such terms and conditions as it may require, for final vote within thirty-five (35) calendar days.
(4) If the Planning Commission denies the application, the Announcement of Decision shall include findings of fact and state the grounds for denial.
(5) Within ten (10) business days of the decision, the Community Development Administrator shall transmit a copy of the Announcement of Decision to the applicant and Secretary of Planning Commission and the Clerk of Council.
(Ord. 3273. Passed 5-9-24.)
1115.11 GENERAL CRITERIA FOR CONDITIONAL USES.
A conditional use and accessory uses thereto shall be permitted in a zoning district if the conditional use complies with the criteria herein and conditions, standards and regulations in Chapter 1145, (Conditional Use and P* Use Regulations). The Planning Commission shall review the application for the proposed conditional use and apply the following criteria:
(a) A conditional use shall be designed, constructed, operated and maintained to be compatible with the existing uses in the general vicinity and the permitted uses of the zoning district in which it is located.
(b) The conditional use shall not endanger the public health, safety or general welfare.
(c) The conditional use shall not be more hazardous nor more intrusive, shall not substantially diminish values nor impair the use of property, than the current and future uses permitted by right on surrounding properties.
(d) The conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted by right in the zoning district.
(e) The conditional use will be minimally impacted in the future by surrounding uses permitted by right that may be incompatible with the conditional use.
(Ord. 3273. Passed 5-9-24.)
1115.13 ISSUANCE OF ZONING CERTIFICATE FOR CONDITIONAL USE.
The Community Development Administrator shall issue a Zoning Certificate for Conditional Use after the Planning Commission approves the conditional use application.
(a) A Zoning Certificate for Conditional Use shall authorize the conditional use allowed in the Announcement of Decision. The conditional use shall be identified or described on the Zoning Certificate for Conditional Use. The breach of a condition or requirement therein is a violation of the Planning and Zoning Code.
(b) Termination of Conditional Use. A Zoning Certificate for Conditional Use shall terminate if the use is not conducted for more than 180 days.
(c) Expiration of Conditional Use. The Zoning Certificate for Conditional Use shall expire one year from the date of issuance, unless:
(1) The Construction Document Submittal, if required, is approved.
(2) The conditional use is commenced or substantial progress is made to begin the use; or,
(3) A later date is stated in the Planning Commission's Announcement of Decision. (Ord. 3273. Passed 5-9-24.)
1115.15 APPLICATION AFTER DENIAL.
An application for a Zoning Certificate for Conditional Use subsequent to a denial shall address and correct the grounds for denial stated in the Announcement of Decision. An application fee shall be paid with the application.
(Ord. 3273. Passed 5-9-24.)
1115.17 AMENDMENT TO A ZONING CERTIFICATE FOR CONDITIONAL USE.
The procedure for the amendment of a Zoning Certificate for Conditional Use shall be the same as for the original application.
(Ord. 3273. Passed 5-9-24.)
1115.19 MINOR ALTERATION TO A CONDITIONAL USE.
1117.01 APPEALS OF ADMINISTRATIVE DECISIONS.
(a) An applicant may appeal to the Planning Commission a decision or order of a Municipal official alleging an error in applying the Planning and Zoning Code. An appeal shall be heard and decided pursuant to the rules and procedures in this Chapter.
(b) An appeal may be filed by the owner of the subject property, the applicant or a person having legal standing the order or decision relating to such property. The appeal shall be filed with the Community Development Administrator within twenty (20) days of the administrative decision or order.
(c) An appeal shall identify the decision or order being appealed and identify all parties in interest. The Code section(s) alleged to have been violated, the grounds for the appeal and the relief sought shall be stated therein. A copy of the administrative decision or order shall be attached. (Ord. 3273. Passed 5-9-24.)
1117.03 VARIANCE.
(a) The Planning Commission may grant a variance from the requirements of the Planning and Zoning Code. An application for variance shall be heard and decided pursuant to the rules and procedures in this Chapter.
(b) A request for variance shall be filed with the Community Development Administrator by the owner of the property, an authorized agent acting under written authorization of the owner, or a person with an interest in the property.
(c) The application shall refer to the regulatory requirement from which a variance is requested and state the specific circumstances in support, the specific relief sought, and the justification for the variance. The application shall be notarized.
(d) The Planning Commission does not have jurisdiction to grant a variance from the Municipal Standards and Specifications.
(e) A variance to a minimum requirement set forth in Title One or Title Three of the Planning and Zoning Code may be granted when the Planning Commission determines that the variance will not be contrary to the public health, safety or general welfare nor contrary to accepted planning and engineering standards and practices.
(Ord. 3273. Passed 5-9-24.)
1117.07 APPEAL PROCEDURE.
For the administrative appeal shall be processed as follows:
(a) Review Upon Receipt. Within three (3) business days of receipt, the Community Development Administrator shall review the appeal and attached documents and verify that the fees have been paid. If the submission is deficient, the Community Development Administrator shall notify the appellant of the necessary corrections, additional information or documents needed. When the submission requirements are satisfied, the Administrator shall accept the appeal for review.
(b) Municipal Review. The Community Development Administrator shall forward a copy of the appeal and attachments to the official who made the decision.
(1) Within ten (10) business days thereafter, the official shall transmit to the Community Development Administrator the record of the proceedings and the official's comments in response to the issues raised in the appeal. The official shall make a copy of the record on appeal for the municipal file.
(2) When review by the City Staff and municipal consultants is completed, the Community Development Administrator shall schedule the appeal for hearing before the Planning Commission. The Community Development Administrator shall forward the appeal, attachments thereto, the record on appeal and the official's comments in response to the appeal to the Planning Commission Secretary.
(c) Public Hearing. Any person may appear at a public hearing and give testimony under oath. Witnesses shall be subject to questioning. All competent testimony, evidence, and staff recommendations shall be considered. Additional information from the appellant or the City staff may be requested for full and proper consideration of the appeal. Such additional reports, comments or expert opinions shall be transmitted to the Secretary prior to the next hearing. A public hearing may be recessed from time to time to a date certain; no further notice is necessary. After all testimony is taken and all exhibits are received, the hearing shall be closed.
(d) Decision. The Planning Commission, by a majority vote of the appointed members, shall adopt an Announcement of Decision with findings of fact that address the applicable factors to decide the appeal. The Announcement of Decision with the findings of fact and discussion of the evidence upon which the decision is based shall be issued within thirty five (35) days from the close of the hearing. The Planning Commission may reverse or affirm the official's decision, in whole or in part, and may order that a certificate be issued. The order may attach terms and conditions of approval to the certificate.
(e) Within ten (10) business days of the Announcement of Decision by Planning Commission, the Community Development Administrator shall transmit a copy of the written decision to the applicant, the Secretaries of the Planning Commission and the Clerk of Council.
(Ord. 3273. Passed 5-9-24.)
1117.09 VARIANCE PROCEDURE.
An application for variance shall be administered as follows:
(a) Review Upon Receipt. Within three (3) business days of receipt, the Community Development Administrator shall review the application and attached documents and verify that the fees have been paid. If the submission is deficient, the Community Development Administrator shall notify the applicant of the necessary corrections, additional information or documents needed. When the submission requirements are satisfied, the Administrator shall accept the application for review.
(b) Municipal Review. The Community Development Administrator shall forward a copy of the variance application and the supporting attachments shall be given to the City staff and municipal consultants. Within ten (10) business days, the staff and consultants shall transmit to the Community Development Administrator their written comments and recommendations regarding the variance request. When review by the City Staff and municipal consultants is completed, the Community Development Administrator shall schedule the variance for hearing before the Planning Commission (see Section 1107.07(b)(5)). The Community Development Administrator shall forward to the Secretary the variance application, attachments thereto in support, the review comments and recommendations of the City Staff and municipal consultants, and such other documents and information relevant and material to a proper decision.
(c) Public Notice.
(1) Publication of Notice. A Notice of Public Hearing shall be published in a newspaper of general circulation in the City at least ten (10) calendar days before the date of the public hearing. The notice shall include the date, time and location of the public hearing; the subject of the variance and nature of the relief requested; and a statement that any interested party may be heard.
(2) Mailing of Notice. A Notice of Public Hearing shall be mailed at least ten (10) calendar days before the hearing to the applicant and all owners of land within 200 feet of a boundary line of the property that is the subject of the variance. The notice shall include the date, time and location of the public hearing; the subject of the variance and nature of the relief requested; and a statement that any interested party may be heard. Failure of delivery of notice shall not be grounds to challenge action taken on the application.
(d) Public Hearing. Any person may appear at a public hearing and give testimony under oath. Witnesses shall be subject to questioning. Competent testimony and evidence shall be considered.
(1) Additional information from the applicant or the City staff may be requested for thorough and proper consideration of the application.
(2) Additional reports, comments or expert opinions shall be transmitted to the Secretary prior to the next hearing. A public hearing may be recessed from time to time to a date certain. A second Notice of Public Hearing shall be mailed at least six (6) calendar days before the continuance of the hearing to the applicant and all owners of land within 200 feet of a boundary line of the property that is the subject of the variance. After all testimony is taken and all exhibits are received, the hearing shall be closed.
(e) Decision. The Planning Commission, by a majority vote of the appointed members, shall adopt an Announcement of Decision with findings of fact that address the applicable factors to determine a variance. The Announcement of Decision with the findings of fact and discussion of the evidence upon which the decision is based shall be issued within thirty five (35) days from the close of the hearing.
(1) The Announcement of Decision shall include findings of fact and shall address and discuss the factors, as applicable, set forth in Section 1117.15 (Standards for Variance Review) and the evidence in support thereof. The Planning Commission may approve a variance when it finds that the application and evidence submitted in support thereof satisfy the standards in Section 1117.15 (Standards for Variance Review) and may attach terms and conditions to the approval.
(2) Within six (6) months of the date of the Announcement of Decision approving a variance, the applicant shall apply for a Zoning Certificate or Conditional Use Certificate, commence occupancy for a use variance, start the construction approved by the area variance or commence administrative action in the case of a procedural variance. The approval granted in the Announcement of Decision shall expire if the applicant fails to further proceed with the next submittal within six (6) months, after which the variance shall expire and be null and void.
(f) Within ten (10) business days of approval of the Announcement of Decision, the Community Development Administrator shall transmit a copy of the decision to the applicant, the Secretaries of the Planning Commission and the Clerk of Council.
(Ord. 3273. Passed 5-9-24.)
1117.11 STAY OF PROCEEDINGS.
Filing an appeal or variance application shall stay all proceedings against the applicant by the City to enforce the Code, unless the Community Development Administrator certifies to the Planning Commission that a stay of proceedings will cause imminent peril to life or property. In such case, only a court of competent jurisdiction may order a stay of enforcement proceedings by the City. (Ord. 3273. Passed 5-9-24.)
1117.13 REAPPLICATION.
Upon denial of an application for variance, the Community Development Administrator shall not accept a subsequent application from the applicant for the same variance(s) unless there is a substantial change in circumstances, or new information is provided relevant to the issues or facts considered during the previous review; or the new application is materially different from the previous one. (Ord. 3273. Passed 5-9-24.)
1117.15 STANDARDS FOR VARIANCE REVIEW.
Each application for variance shall be reviewed for compliance with the purpose and intent of the Planning and Zoning Code. The applicant shall submit sufficient evidence that demonstrates that literal enforcement of the Code will result in practical difficulties which unreasonably deprive the owner or applicant of a permitted use of the property and that application of the Code to the property is inequitable. The Announcement of Decision shall make specific findings of fact addressing the factors that are applicable to the property, and shall discuss the preponderance of reliable, probative and substantial evidence in the record that supports the Board's decision.
(a) Area Variance. An applicant or owner may seek an area variance when strict compliance with the requirements of the Planning and Zoning Code will result in practical difficulties that unreasonably deprive the owner or applicant of a permitted use of the property. The applicant shall demonstrate by the preponderance of reliable, probative and substantial evidence that the applicable criteria for practical difficulties are satisfied. The factors to be considered and weighed by the Planning Commission to determine whether practical difficulties to the use of the property exist include but are not limited to:
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district, such as exceptional irregularity of shape; limitations upon the size, dimensions, terrain or grade of the lot; or proximity to a nonconforming or incompatible use, structure or condition;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial;
(4) 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;
(5) Whether the variance would adversely affect the delivery of governmental services (e.g. water and sewer);
(6) Whether the property owner purchased the property with knowledge of the zoning restrictions. The applicant or property owner shall be given the opportunity to establish practical difficulty despite knowledge of the zoning restriction when the land was purchased;
(7) Whether special conditions or circumstances exist as a result of actions of the owner;
(8) Whether the property owner's predicament feasibly can be obviated through some method other than a variance and the variance sought is the minimum that will afford relief; and
(9) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.
(b) Use Variance. An applicant or owner may seek a use variance when strict compliance with the requirements of the Planning and Zoning Code will result in unnecessary hardship, or the property cannot be used for purposes for which it is zoned. The applicant shall demonstrate unnecessary hardship by the preponderance of reliable, probative and substantial evidence that all of the following criteria are satisfied:
(1) The property cannot be put to an economically viable use under any of the permitted or conditional uses allowed in the zoning district; an economically viable use does not mean a more profitable use;
(2) The variance requested stems from a condition which is unique to the property at issue and not ordinarily present in other nearby properties;
(3) The unnecessary hardship is not a condition created by actions of the owner or applicant;
(4) Did the applicant or owner purchase the property with knowledge of the zoning restrictions on its use, or the zoning restrictions on an increased number of dwelling units on the parcel;
(5) The variance will not alter the character and use of the zoning district;
(6) The variance will not adversely affect the rights of adjacent property owners or residents;
(7) The variance will not adversely affect the public health, safety or general welfare;
(8) The variance is consistent with the general spirit and intent of the Planning and Zoning Code; and,
(9) The variance sought is the minimum that will afford relief to the owner or applicant.
(c) Conditions and Safeguards of the Variance. The Planning Commission may further prescribe conditions attached to the variance and a financial guarantee or bond to assure compliance.
(d) Term and Extension of Variance. The applicant shall commence construction, or obtain an extension of time to start construction, within one (1) year from the date of the Announcement of Decision. For the purposes of this section, construction shall commence on the date of the Preconstruction meeting unless otherwise specified in the Announcement of Decision. A variance shall not be modified except by amendment of the Announcement of Decision.
(Ord. 3273. Passed 5-9-24.)
1117.17 APPEAL OF FINAL DECISION.
The applicant, property owner or other person with legal standing may appeal the final action or decision to the Court of Common Pleas under Ohio R.C. Chapter 2506.
(Ord. 3273. Passed 5-9-24.)
1117.19 MINOR VARIANCES.
The authority to grant a minor variance is limited to certain area requirements in Section 1133.05 (Setback Requirements) on a parcel with a single family detached dwelling constructed on or before July 7, 1972, and the accessory structures.
(a) The Community Development Administrator and the Law Director may grant a minor area variance provided that:
(1) The existing house or accessory structure does not meet the current minimum requirements for the Zoning District in which it is located;
(2) The applicant requests a variance from the restrictions of minimum front, side or rear yard setbacks;
(3) The applicant qualifies for an area variance applying the factors listed in Section 1117.15(a) (Area Variance);
(4) The variance will not result in a change in use or an increased number of single family dwelling units on the parcel;
(5) Any existing nonconforming setbacks will not be further reduced; and,
(6) The written approval of the variance includes a statement that no other variance or modification of the Planning and Zoning Code, municipal regulations, specifications or minimum standards is granted or permitted.
(b) The Community Development Administrator and Law Director may grant a minor variance for a parcel in a residential zoning district that permits only single family detached dwellings to allow the encroachment of a deck or patio attached to a single family dwelling into the rear yard or side yard setback of a lot which abuts a dedicated open space, with the following conditions:
(1) The encroachment shall not exceed twenty percent (20 %) of the depth of the setback.
(2) The written approval of the variance includes a statement that no other variance allowing encroachment into the rear yard or side yard setback or modification of the Planning and Zoning Code, Municipal regulations, specifications or minimum standards is granted or permitted.
(Ord. 3273. Passed 5-9-24.)
1117.21 APPEAL OF PLANNING COMMISSION DECISION RELATED TO HISTORIC DISTRICT REQUIREMENTS.
An appeal to City Council may be taken by any person aggrieved by decision of the Planning commission in regard to requirements of Chapter 1141 Uptown Historic Overlay District. The appeal shall be taken within twenty days after the Announcement of Decision signed by the Chair of the Planning Commission has been filed with the Planning and Community Development Administrator. A notice of appeal specifying the grounds shall be filed with the Clerk of the Planning Commission and the Clerk of Council. The Clerk of the Planning Commission shall forthwith transmit to the Clerk of Council a hearing transcript and all papers constituting the record upon which the action appealed was taken. The proceedings of the Planning Commission as prescribed in Chapter 1117 shall be followed by the Council in hearing the appeal. (Ord. 3273. Passed 5-9-24.)
1119.01 AMENDMENTS.
The Planning and Zoning Code may be amended by ordinance. A proposed amendment shall comply with the procedures of this Chapter.
(Ord. 3273. Passed 5-9-24.)
1119.03 INITIATION OF ZONING AMENDMENT.
An amendment to a zoning district shall only be initiated by one of the following procedures:
(a) Filing an application signed by the applicant and by all owners of property within the area of the proposed rezoning. A person who has executed a real estate purchase agreement, land installment contract or an option to purchase land within the area to be rezoned shall also sign the application for zoning amendment.
(b) At the request of the Planning Commission, by the adoption of an Announcement of Decision recommending to the Council an amendment to the zoning district.
(c) By the adoption of an ordinance by the Council.
(Ord. 3273. Passed 5-9-24.)
1119.05 PREAPPLICATION MEETING.
The applicant, prior to submitting an application, shall appear before the Planning Commission to informally discuss a proposed zoning amendment to elicit opinions, suggestions or recommendations of the Commission members. The Planning Commission shall take no action at the informal meeting, nor shall the discussion be construed as approval or denial of the proposed zoning amendment. (Ord. 3273. Passed 5-9-24.)
1119.07 AMENDMENT TO PLANNING AND ZONING CODE.
When an amendment proposes a change in the Planning and Zoning Code (other than a change of the zoning classification of property), the Planning Commission and the Council shall consider the following factors:
(a) Whether the change proposed in the amendment is consistent with the intent and purposes of the Planning and Zoning Code and the objectives of the Comprehensive Plan;
(b) Which zoning districts or parcels are included in the proposed zoning amendment and the nature and extent of the impact thereto; and
(c) Whether the change proposed in the amendment is necessary due to a change of conditions in the affected zoning districts or portions thereof, or in the city generally, and the nature and extent of the changed conditions.
(Ord. 3273. Passed 5-9-24.)
1119.09 AMENDMENT TO ZONING CLASSIFICATION OF LAND.
When a proposed amendment will result in a change of the zoning classification of land, the Planning Commission and the Council shall consider the following factors:
(a) Is the change in classification consistent with the Comprehensive Plan and amendments thereto;
(b) Is the change in classification consistent with the intent and purposes of the Planning and Zoning Code;
(c) Is the change proposed in the amendment necessary due to a change of conditions in affected zoning districts or portions thereof and the nature and extent of the changed conditions;
(d) What the uses of the property will be if the zoning classification is amended and whether the uses are compatible with the permitted and existing uses of property in the surrounding area;
(e) Whether the uses permitted on the property if reclassified will have an adverse environmental or health impact on the surrounding area, such as reduced light, increased noise, or reduced air or water quality;
(f) Whether adequate utility, sewer, water and other required public services currently exist or are available to serve the reclassified property;
(g) The amount of vacant land with the same proposed zoning classification, particularly in the vicinity of the subject property; and special circumstances, if any, that prevent or hinder a substantial part of the vacant land from being developed; and,
(h) The proposed amendment would correct an error in the application of the Planning and Zoning Code as applied to the subject property.
(Ord. 3273. Passed 5-9-24.)
1119.11 ZONING AMENDMENT PROCEDURE.
(a) Initial Review. Within three (3) business days of receipt, the Community Development Administrator shall review the application and attachments thereto and verify payment of the application fee. If the application is deficient, the Community Development Administrator shall notify the applicant of the corrections or additional information needed. When the application requirements are satisfied, the Community Development Administrator shall accept the application for municipal review.
(b) Municipal Review. The Community Development Administrator shall forward a copy of the application and attachments thereto to the city staff and municipal consultants for review, comments and recommendations. Within fifteen (15) business days of receipt, the city staff and municipal consultants shall transmit their written comments, suggestions and recommendations to the Community Development Administrator. The Community Development Administrator shall transmit review comments identifying deficiencies to the applicant for correction and resubmittal.
(c) Planning Commission Review. When the applicant complies with the submittal requirements, the Community Development Administrator shall schedule the application for a hearing before the Planning Commission. The Community Development Administrator shall transmit to the Secretary of the Planning Commission a copy of the application and attachments thereto, the comments and recommendations of city staff and municipal consultants and such other documents and information relevant and material for a proper decision by the Planning Commission. The Planning Commission shall review the application materials; take sworn testimony offered by the applicant, city staff, municipal consultants and any other persons; may accept additional documents at the hearing; and shall review all competent testimony and evidence presented and apply the factors in Sections 1119.07 (Amendment to Planning and Zoning Code) or 1119.09 (Amendments to Zoning Classification of Land). The Planning Commission may request additional testimony, records, plans, studies or reports that will assist the members to properly decide the application. The Planning Commission shall adopt an Announcement of Decision with findings of fact citing the evidence in review of the factors listed in Sections 1119.07 or 1119.09 and in support of its decision. Not later than its next regular meeting, Planning Commission shall make a recommendation to Council to approve or deny the application or to approve the application with changes, modifications or conditions. The Community Development Administrator shall transmit a copy of the Announcement of Decision within ten (10) business days of adoption to the applicant, and the Secretary of the Planning Commission and the Clerk of Council.
(d) Public Hearing. The Clerk of Council shall schedule the application for proposed zoning amendment for a public hearing before Council within 65 days of receipt of the Planning Commission's Announcement of Decision. The Clerk shall also schedule the application for the proposed amendment for consideration by Council at the next regular meeting following the public hearing. The Community Development Administrator shall forward to the Clerk, for distribution to Council, a copy of the application materials, Planning Commission's Announcement of Decision and such information, documents and plans that will assist members of Council to properly decide the application.
(e) Notice of Public Hearing.
(1) Publication. A notice of public hearing shall be published in a newspaper of general circulation in the City at least thirty (30) calendar days before the public hearing. The notice shall include the date, time and place of the public hearing; a brief description of the application and relief sought; and a statement that any person may appear at the public hearing and be heard.
(2) Additional notice required for rezoning of ten or less parcels. A notice of public hearing shall be mailed at least twenty (20) calendar days before the hearing to the applicant and owners of land within 200 feet of the boundary of the property identified in the application. The notice shall include the date, time and place of the public hearing; a brief description of the application and relief sought; and a statement that any person may appear at the public hearing and be heard. Failure of delivery of notice shall not invalidate the Council's decision on the application.
(3) Public examination. For at least thirty (30) calendar days preceding the public hearing, all of the documents concerning the application shall be available during normal business hours in the office of the Clerk of Council for inspection and copying pursuant to the Ohio Public Records Act.
(f) Public Hearing. Any person may appear at the public hearing and testify. All testimony shall be given under oath. Council shall review the application, attachments thereto, other documents transmitted by the Community Development Administrator, and additional documents submitted to the Council; shall hear testimony presented and may accept other documents at the hearing. Council may request additional information which it deems necessary for a thorough and proper consideration of the application. Additional reports, plans, comments or expert opinions shall be submitted to the Community Development Administrator and transmitted to the Clerk of Council no later than ten (10) business days prior to the continued hearing date, unless otherwise directed by Council. Council may recess a public hearing from time to time to a date certain. A second Notice of Public Hearing shall be mailed at least six (6) calendar days before the continuance of the hearing for zoning re classification to the applicant and all owners of land within 200 feet of a boundary line of the property identified in the application. Council shall close the hearing after taking all the testimony and receiving all documents.
(g) Decision. Within sixty-five (65) calendar days of closing the public hearing, Council shall adopt an Announcement of Decision which includes findings of fact which review the factors listed in Sections 1119.07 (Amendment to Planning and Zoning Code) or 1119.09 (Amendments to Zoning Classification of Land) and support its decision. The application may be modified during the hearing and approved by Council without further notice; except that the applicant may not request a different zoning classification.
(1) A vote by at least two thirds (2/3) of the members of Council is required to reject the recommendation of the Planning Commission.
(2) A vote by at least a majority of the members of Council is required to approve the recommendation of the Planning Commission.
(3) Within ten (10) business days of adoption of the Announcement of Decision, the Community Development Administrator shall transmit a copy of the Council's Announcement of Decision to the applicant, the secretary of the Planning Commission and the Clerk of Council.
(h) Voter Approval. Pursuant to Charter Section 3.09 (Ordinances and Resolutions), the following legislation shall not become effective until it is approved by a majority of the electors of the municipality voting thereon at the next general or primary election occurring not less than ninety (90) calendar days after passage of the ordinance approving the zoning amendment:
(1) Legislation providing for a change in the use district classification from residential use to commercial or industrial use.
(2) Legislation providing for a zoning change of lands to a multi family residential zoning classification.
(3) Legislation providing for a zoning change of lands to a single family residence district zoning classification which permits lots of less than 11,000 square feet.
(Ord. 3273. Passed 5-9-24.)
1121.01 ENFORCEMENT BY COMMUNITY DEVELOPMENT ADMINISTRATOR.
The provisions of this Planning and Zoning Code shall be enforced by the Community Development Administrator. The Community Development Administrator may be assisted by other personnel as may be authorized by the City Manager.
(Ord. 3273. Passed 5-9-24.)
1121.03 CONSTRUCTION AND USE SHALL BE AS APPROVED.
Zoning certificates issued by the Community Development Administrator on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto. Use, arrangement or construction contrary to that authorized shall be deemed a punishable violation of this Code.
(Ord. 3273. Passed 5-9-24.)
1121.05 VIOLATIONS.
No person shall:
(a) Use or occupy land or a place; build, erect, alter, remodel, restore, or rebuild thereon a building or structure; permit a building or structure to remain on such land; or use, occupy, or operate a building or structure, in violation of the Planning and Zoning Code; or
(b) Use or occupy a parcel of land; use or occupy a new building; or enlarge, substitute, or change the use, occupancy, or configuration of land or a building, without subdivision plat approval or a Zoning Certificate, conditional use certificate, certificate of nonconforming use or certificate of zoning compliance; or
(c) Aid, assist, or participate with another in placing, building, erecting, altering, remodeling, restoring, or rebuilding a building or structure not permitted by the Code; or
(d) Violate or fail to perform a condition or requirement in a certificate, permit, or approval; or
(e) Continue to use or occupy the premises or building beyond the term or deadline granted in a certificate, permit or approval; or
(f) Continue construction or other activity after receiving a stop work order, notice of violation or notice of revocation of certificate; or
(g) Make a false statement in an application for development plan approval, zoning certificate, conditional use certificate, certificate of nonconforming use, certificate of zoning compliance, subdivision plat approval or in the plans or specifications submitted in support of the application.; or
(h) Remove a Stop Work Order posted by the Community Development Administrator.
(Ord. 3273. Passed 5-9-24.)
1121.07 VIOLATIONS CONSIDERED A NUISANCE.
A building or structure that is erected, altered, moved, razed or converted, or land or premises used, in violation of the Planning and Zoning Code may be declared a nuisance. A suspected violation of the Planning and Zoning Code observed by a City official shall be reported to the Community Development Administrator.
(Ord. 3273. Passed 5-9-24.)
1121.09 IDENTIFICATION AND INSPECTION.
(a) Complaints. Any person may file a written complaint with the Community Development Administrator alleging a code violation. Such written complaint shall fully state the grounds and factual basis in support of the complaint.
(b) Inspection. The Community Development Administrator, or his designee, shall investigate an alleged Code violation stated in the complaint and cause the inspection of the land, building, structure, improvements or premises which is the subject of the complaint.
(Ord. 3273. Passed 5-9-24.)
1121.11 ENFORCEMENT ACTIONS.
In the event a violation of the Planning and Zoning Code is confirmed, the Community Development Administrator may proceed under one or more of the following enforcement methods:
(a) Notice of Violation.
(1) The Community Development Administrator shall issue a written notice and order to the owner, agent, tenant, occupant or operator of the building or land to correct conditions which violate the Code within a reasonable time. After the order is served or posted, only work to correct the violation or comply with the notice shall proceed on the building or premises.
(2) A notice of violation shall be served either by personal delivery or by certified mail, return receipt requested, to a responsible person at the last known address and posted conspicuously on the premises.
(b) Remove and Reconstruct Order. The Community Development Administrator may issue a remove and reconstruction order requiring removal of work that does not conform to the approved submittal, plan, or Municipal requirements and reconstruction thereof.
(c) Stop Work Order. If work or other activity was performed in violation of the Code and is likely to continue, or such activity creates a condition that threatens damage to the surrounding property or the health, safety or welfare of the owners, occupants thereof, or the general public which must pass in the vicinity of the construction area, the Community Development Administrator shall issue a stop work order and post it conspicuously on the premises.
(d) Certificate Revocation.
(1) The Community Development Administrator may issue a notice to revoke a certificate, permit, or approval issued contrary to the Code or in reliance upon false, incorrect or inaccurate information in the application.
(2) The certificate, permit, or approval shall be revoked by written notice served either by personal delivery or by certified mail, return receipt requested, to the applicant, holder thereof, or owner of the property; or, failing such service, the notice of revocation shall be posted conspicuously upon the premises.
(e) Order for Discontinuance and Removal of Violation. If the Community Development Administrator finds that a property is in violation of any provision of the Planning and Zoning Code, an order to discontinue the violation or remove alterations, structural changes, buildings or additions which have not been approved shall be served upon the owner and/or occupant. After service of the order upon the owner and/or occupant or posting on the premises, no work shall be done except to correct the violation or comply with the violation notice.
(f) Injunction. In the event a building or structure is being erected, constructed, altered, repaired or maintained in violation of the District regulations or in violation of a Zoning Certificate, or there is an imminent threat of violation, the City or the owner of any property within 200 feet who would be specially damaged by the violation may institute and maintain, in addition to any other remedies provided by law, a suit in the Geauga County Common Pleas Court for temporary orders and a permanent injunction to terminate or prevent the violation.
(g) Forfeiture of Financial Guarantees. The forfeiture of a financial guarantee deposited by the developer or applicant or executed by the developer or applicant and guarantor, to the Municipality in accordance with the terms thereof for failure to complete the project or any guaranteed portion thereof; failure to comply with Municipal specifications for improvements dedicated to public use; or failure to perform or complete other work in compliance with the terms and conditions of the guarantee.
(h) The City may pursue all other remedies available at law or in equity.
(Ord. 3273. Passed 5-9-24.)
1121.13 PENALTIES.
(a) Criminal Penalty. A person who violates a section of the Planning and Zoning Code shall be guilty of a minor misdemeanor. Each day the violation continues is a separate offense.
(b) Civil Penalties for Violations in Historic District. In any civil action brought in a court of competent jurisdiction to enforce the provisions of this Chapter, the Law Director or designated assistant may request that the Court impose the following civil penalties:
(1) Whoever makes any alteration, construction, or improvement with respect to any structure, appurtenance, architectural feature, or lot improvement now or hereafter to a Historically Significant Property or a building or structure in the District in violation of a District regulation shall pay a civil penalty of not less than five thousand dollars ($5,000) nor more than twenty five thousand dollars ($25,000).
(2) Whoever demolishes a substantial part or all of a Historically Significant Property or a building or structure now or hereafter in the District without the approval of the Planning Commission shall pay a civil penalty of not less than twenty five thousand dollars ($25,000) nor more than one hundred thousand dollars ($100,000).
(3) Notwithstanding the civil penalty provisions of this section, whoever causes, by willful action or willful neglect, any alteration or demolition of a historically significant property or structure, appurtenance, architectural feature or lot improvement now or hereafter in the District in violation of a District regulation shall be required to restore or reconstruct same in accordance with all pertinent standards of the District regulations and the Codified Ordinances.
(c) Nothing herein shall prohibit the City from proceeding against any person, firm or corporation who violates any provision of this Chapter for both civil and criminal penalties.
(Ord. 3273. Passed 5-9-24.)
1123.01 PURPOSE.
The purpose of this Chapter is to recognize uses, buildings, lots, structures and accessory uses that lawfully existed when the Planning and Zoning Code and amendments thereto were enacted but which do not conform to one or more of the current regulations. A nonconforming use is incompatible with the uses and zoning requirements of a zoning district. Regulations in this Chapter for the continuance, maintenance, repair, restoration, moving and discontinuance of a nonconforming use, building or lot are enacted in order to achieve the following purposes:
(a) To allow but control a nonconforming use in order to minimize adverse effects thereof on the adjoining land and development;
(b) To allow a nonconforming use that is maintained and in a state of good repair;
(c) To prevent the reconstruction of a nonconforming building that is substantially destroyed;
(d) To prevent resumption of an abandoned nonconforming use;
(e) To establish regulations for the development of a nonconforming lot; and,
(f) To establish regulations for the use, restoration, reconstruction, and expansion of a nonconforming structure.
(Ord. 3273. Passed 5-9-24.)
1123.03 GENERAL PROVISIONS.
(a) The lawful use of a dwelling, building or structure and of land or premises that is existing and lawful on the effective date of the Code, or any amendments thereto, may be continued although such use does not conform to the Code.
(b) The completion, restoration, reconstruction, extension or substitution of a nonconforming use shall be subject to the requirements and conditions set forth in this Chapter.
(c) This Chapter shall apply to a building, structure, land or other use that becomes nonconforming as a result of amendment to the Planning and Zoning Code or the Official District Zoning Map.
(d) A lot, use, building or structure that does not comply with a zoning requirement and for which a variance has been granted is not nonconforming.
(e) Routine maintenance, repair, or replacement of non bearing walls, fixtures, wiring, or plumbing in a nonconforming structure or on any portion of a structure that contains a nonconforming use is permitted so long as the size of the nonconforming use is not increased. No structural parts shall be replaced except as required by law, and to restore such building or structure to a safe condition or to make the building or structure conform to the current regulations of the district in which it is located.
(Ord. 3273. Passed 5-9-24.)
1123.05 NONCONFORMING USES OF BUILDINGS, STRUCTURES OR LAND.
A nonconforming use that is otherwise lawful and does not constitute a public nuisance may continue subject to the following:
(a) Change or Substitution to Another Nonconforming Use. A nonconforming use shall not be changed or substituted to a different nonconforming use unless the Planning Commission grants a use variance. The Planning Commission may approve a variance with appropriate conditions and safeguards.
(1) If the applicant intends to alter site conditions of the nonconforming use as part of a substitution approved by the Planning Commission, the requirements of Section 1123.15 (Nonconforming Site Conditions Existing at Time of Development Plan Review) shall apply.
(2) A nonconforming use shall not be changed to a more intensive nonconforming use.
(b) Land Occupied by Nonconforming Use.
(1) Expansion of Nonconforming Use of Land. A nonconforming use of a lot or parcel of land shall not be expanded to occupy a greater area.
(2) Relocation of Nonconforming Use of Land. A nonconforming use of land shall not be moved or relocated in whole or in part to any other area on the lot or parcel.
(3) Additional Structure. An additional structure shall not be constructed on the lot or parcel or be devoted to the nonconforming use of land.
(c) Structure Occupied by Nonconforming Use.
(1) Extension of Nonconforming Use within Building. A nonconforming use of an existing structure may be extended to other areas of the structure that were intended or designed for such use on the effective date of the Planning and Zoning Code or amendments thereto. The intensity of the nonconforming use shall not be increased as a result of the extension thereof. A nonconforming use shall not be extended to occupy additional land area.
In determining whether the intensity of use is increased, the Community Development Administrator shall consider the following factors:
A. Hours of operation;
B. Volume and nature of sales activity on the premises;
C. Business activity on the premises;
D. Nature and location of storage;
E. Volume and nature of traffic generated by the use;
F. Parking and loading required by the nonconforming use; and,
G. Noise, smoke, odor, glare, vibration, radiation, and fumes generated by the use.
(2) Expansion of Building(s). No building shall be enlarged or expanded, nor shall an additional building be constructed which expands or increases the nonconforming use either temporarily or permanently.
(3) Alteration or Reconstruction of a Building Occupied by a Nonconforming Use. No building or structure in which a nonconforming use is conducted shall be altered, improved or reconstructed unless approved by the Community Development Administrator and only if a permitted use replaces the nonconforming use. If the total cost of the alteration, reconstruction, or improvement to obtain an occupancy permit does not exceed sixty percent (60%) of the building's fair market value or estimated replacement value, the applicant may file an application for a variance to resume the nonconforming use.
(4) Damage or Destruction. If the total cost to repair the damage to a building or structure in which a nonconforming use is conducted and obtain a Zoning Certificate for Occupancy exceeds sixty percent (60%) or more of the replacement cost or fair market value of the building or structure, the building or structure shall not be reoccupied unless the use is permitted in the zoning district.
(5) Moving. No building, other structure or portion thereof in which a nonconforming use is conducted shall be moved to another location on the same lot or to another parcel unless the use thereof after relocation is permitted in the zoning district in which the lot or parcel is located.
(d) Abandonment. A nonconforming use that is discontinued for more than 180 consecutive days shall constitute voluntary abandonment thereof. Any subsequent use of the building or land shall comply with the use regulations for the zoning district in which the land is located. To determine whether a use has been abandoned, the Community Development Administrator shall consider the following factors:
(1) Failure to maintain regular business hours, typical or normal for the past operation of the use or the business classification of the use;
(2) Failure to maintain employees, equipment, an inventory of supplies, or stock in trade necessary for active operation of the use;
(3) Failure to continue electric, water, sewer, gas or other utility service required for active operation of the use;
(4) Failure to renew local, state, or federal licenses, permits or other approvals required for operation of the use; and,
(5) Failure to maintain the building, signage, or site in a manner that indicates active operation of the use.
(e) Abandonment of a Nonconforming Accessory Use. An accessory use shall cease after the principal nonconforming use to which it is accessory has been abandoned.
(f) Change from Nonconforming Use. A nonconforming use shall permanently cease when the use of the land or building or structure thereon complies with the regulations of the zoning district in which it is located.
(Ord. 3273. Passed 5-9-24.)
1123.07 NONCONFORMING BUILDINGS AND STRUCTURES.
A building or structure that does not comply with the requirements of the zoning district in which it is located may continue, subject to the following limitations:
(a) Enlargement, Repair, and Alterations. An application for a building or structure to be enlarged, maintained, repaired, or structurally altered may be approved, but the approval shall prohibit expansion of a nonconforming use or an increase in the intensity thereof.
(b) Moving. An application to move a building or structure or portion thereof to another location on the same lot or to another parcel, which does not comply with the requirements of the zoning district in which it is proposed to be located, shall not be approved unless the building or structure thereafter conforms to the regulations of the zoning district in which it is located.
(c) Restoration of Damaged Building or Structure. An application for restoration of a damaged or destroyed building or structure which does not comply with the requirements in the zoning district in which it is located may be approved subject to the following conditions for restoration:
(1) The original footprint is retained and the floor area is not increased;
(2) The restoration commences within twelve (12) months of the damage or destruction; and
(3) The total cost to repair the damage and obtain a Zoning Certificate for Occupancy does not exceed sixty percent (60%) of the estimated cost of replacement of the entire building or structure. An application for restoration that changes the original footprint or increases the floor area shall comply with Section 1123.07(a), (Enlargement, Repair, and Alterations).
(d) Change in Principal Use of Building. The principal use of a nonconforming building may be changed at any time to a use permitted in the zoning district in which it is located, and the nonconforming building, structure or lot where the permitted use is conducted is not required to comply with the zoning district requirements.
(e) Application for Change to a Nonconforming Building or Structure.
(1) An area variance may be granted pursuant to Section 1117.19 (Minor Variances) to allow the extension of an existing nonconforming building line if the building line as extended maintains the same, or results in a greater, distance from the lot line.
1123.09 NONCONFORMING LOTS.
On the effective date of the Code, or any amendment thereto, a lot of record that does not comply with the minimum area or width requirements of the zoning district in which the lot is located shall be designated as a nonconforming lot. A change in the use thereof is subject to the following:
(a) A Nonconforming Building on a Lot of Record.
(1) Existing Building on a Nonresidential Lot. A building on a nonconforming, non residential lot may be repaired, improved or altered, but the floor area thereof shall not be increased unless the enlarged section complies with the requirements of the zoning district in which it is located and other requirements of the Code.
(2) Existing Dwelling on a Residential Lot. A dwelling on a nonconforming residential lot may be repaired, improved or altered, but the floor area thereof shall not be increased unless the enlarged section complies with the Code.
A. A structural alteration or extension of a residential structure that does not reduce the nonconforming lot size, setbacks or width shall be permitted upon approval of the Community Development Administrator.
B. The number of dwelling units on a nonconforming lot shall not be increased unless all dwelling units comply with the minimum lot size, width and setback restrictions and all other Code requirements.
(b) Vacant Nonconforming Lot of Record.
(1) Nonconforming Lot of Record in a Residential Zoning District. A nonconforming lot in a Residential Zoning District that is not owned by the same person or persons who own the lots with contiguous frontage thereto may be developed as a single family detached dwelling site.
A. A dwelling or accessory use on a lot that does not conform to the minimum lot size, lot width and side setback of five (5) feet or more in the zoning district in which it is located shall otherwise comply with the Planning and Zoning Code. A variance is required from all other zoning district requirements.
B. Development of a nonconforming lot shall proceed in compliance with the requirements of Section 1111.15.
(2) Nonconforming Lot of Record in a Nonresidential Zoning District. A vacant nonconforming lot in a non residential district which does not conform with minimum lot size and lot width requirements may be developed for any permitted use in the zoning district in which it is located so long as the development otherwise complies with the requirements of the zoning district. No use that requires a minimum lot size greater than the size of the nonconforming lot shall be permitted. Development shall proceed in compliance with requirements of Chapter 1111.
(Ord. 3273. Passed 5-9-24.)
1123.11 NONCONFORMING PARKING FACILITIES.
1123.13 NONCONFORMING SITE CONDITIONS EXISTING AT TIME OF DEVELOPMENT PLAN REVIEW.
(a) If a nonconforming site condition(s) exists on a lot when a development plan required by Chapter 1111 (Project Review and Approval Procedures) is submitted that alters the footprint of the building or requires a change in the parking, the applicant shall correct the nonconforming site conditions and submit a development plan that complies with the zoning district requirements.
(b) Notwithstanding subsection (a) above, the Planning Commission may determine that such conformance cannot be reasonably achieved because of existing site conditions. In such case, the Planning Commission may approve a development plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable.
(c) Existing site conditions include, but are not limited to, the existing lot configuration and patterns of surrounding development; inability of the applicant to acquire additional property; location of the existing structures on the site in question; the amount or location of parking and access on the site in question, and the location of utilities both on and off-site.
(Ord. 3273. Passed 5-9-24.)
1123.15 EXISTING USE DEEMED CONDITIONAL USE; PERMIT REQUIRED FOR CHANGE.
An existing permitted use that becomes a conditional use after an amendment to the Planning and Zoning Code shall thereafter be classified as a conditional use in the zoning district in which it is located. No action for approval as a conditional use is required. A change in the signage or use, the expansion thereof, and enlargement, alteration or modification of the site shall be permitted only upon compliance with Chapter 1115 (Conditional Use Certificates) and approval by the Planning Commission.
(Ord. 3273. Passed 5-9-24.)
1123.17 DETERMINATION OF NONCONFORMING STATUS.
The applicant or property owner shall submit clear and convincing evidence to establish a nonconforming use of the lot, building, structure, or activity on the effective date of the Planning and Zoning Code or amendments thereto; or that a legally permitted use has since become nonconforming upon amendment of the Planning and Zoning Code. The Community Development Administrator shall issue a Certificate of Nonconforming Use if the applicant or owner sustains the burden of proof by clear and convincing evidence as required herein. The Certificate of Nonconforming Use shall state the reasons therefor; a description of the nature and extent of the use; dimensions or other means of identifying the portion of the building, structure or land devoted to the nonconforming use; and the measurements of the lot area, width or setbacks which are nonconforming. (Ord. 3273. Passed 5-9-24.)
1123.19 CERTIFICATE ISSUED PRIOR TO THE EFFECTIVE DATE OF AN AMENDMENT.
The owner or applicant may complete the construction and use of a building or structure for which a zoning certificate has been issued prior to the effective date of the Planning and Zoning Code, or amendments thereto. Construction shall start within one (1) year of the issuance of the Zoning Certificate for Construction, proceed without interruption and be completed within one (1) year from the start of construction (see definition "start of construction" Chapter 1103).
(Ord. 3273. Passed 5-9-24.)
1125.01 PERMIT REQUIRED.
No work within the scope of this regulation shall commence without first obtaining the requisite permits or certificates pursuant to the standards and procedures in this Planning and Zoning Code and paying all required fees.
(Ord. 3273. Passed 5-9-24.)
1125.03 LANDS AND IMPROVEMENTS FOR PUBLIC USE.
(a) Sites for streets, utilities, parks, playgrounds, schools or other public uses if shown on, or contained in, a Thoroughfare Plan, Master Utility Plan, Local Street Plan, Parks and Recreation Plan, Comprehensive Plan or other master plan adopted by Council and/or the Planning Commission, and located in whole or in part in any project subject to the Land Planning and Development Regulations, shall be incorporated in such project's development plan and reserved for such purpose.
(b) Large scale developments may require the reservation or dedication of additional areas or sites of a character, extent and location suitable for needs for extra community facilities created by such particular developments.
(c) The Commission may request by resolution, a developer set aside, reserve or offer for sale, land for streets, parks, playgrounds or other public uses shown upon a duly approved Thoroughfare, Park and Recreation or Comprehensive Plan for a period of 180 days after the application for approval of a Preliminary Plan, or for a longer period as may be required by the Commission in order to allow the Municipality time to acquire such land. During such period no structure shall be erected, no trees or topsoil shall be removed or destroyed, no grading shall be done, nor shall any land so reserved be put to any use whatsoever except on written approval of the Commission.
(d) Plans and other submittal documentation for parks and other lands for recreation that are to be dedicated to public use shall be review by, and subject to the approval of, the Municipal Parks and Recreation Board. The Board shall make such recommendations for action, to the Approving Authority, as the Board deems necessary and appropriate.
(e) The Council of the City of Chardon shall review the final plan for approval of a municipal structure or project or the use of municipal land. The Council, in its sole discretion as the legislative body of the City, may approve a plan that does not comply with the requirements of this Planning and Zoning Code for the district in which the structure or project is located. If a plan presented to the Council does not comply with the requirements of this Planning and Zoning Code, the Council, before taking action on the plan, shall do the following:
(1) Schedule a public hearing and send notices to all property owners within 200 feet of the proposed municipal use or project. The procedure for a public hearing and notices thereof shall comply with the requirements of Section 1111.07.
(2) The Council may consider comments made at the public hearing and letters received by the Clerk of Council at or prior to the hearing. The Council will address the concerns of the property owners and residents and comments of the municipal Planning Commission, if any.
(3) The Council may consider whether revision or amendment of the plan is in the best interest and health, safety and welfare of all the residents of the City of Chardon. The factors that the Council may consider include, but are not limited to, increased costs of the project, suitability of the site or plan for the intended municipal purpose, environmental impact and significant reduction in the values of adjacent and neighboring property.
(4) After consideration of the foregoing, the Council will make a good faith effort to comply with the requirements of the Planning and Zoning Code and balance the burden of non compliance upon the abutting and nearby property owners and the best interests and the health, safety and welfare of all the residents of the City of Chardon, which determination shall be within the sole discretion of the Council as the legislative body of the municipality.
(Ord. 3273. Passed 5-9-24.)
1125.05 NUISANCE REGULATIONS NOT PROHIBITED.
If during the course of any work within the scope of these regulations it is determined by the Authority having jurisdiction that said work, or portion thereof, constitutes a hazard or public nuisance then the property owner shall abate such hazard or nuisance within thirty (30) days of receipt of notification to correct same from the Authority having jurisdiction. Should the hazard be determined to constitute an immediate peril, then the compliance time may be reduced as is appropriate to the circumstances.
Nothing herein shall preclude the City from determining that a particular condition creates a public nuisance and pursuing legal action to abate the nuisance.
(Ord. 3273. Passed 5-9-24.)
1125.07 EXEMPTIONS.
(a) Park Improvements Exemption. Improvements to Municipal park property are exempt from zoning restrictions; however, whenever park improvements are proposed, the Planning Commission shall review the plans and provide a recommendation to City Council.
(b) Exemptions for Water Tower, Radio Antenna, and Police Carport. The Municipality is exempt from application of the regulations in the Planning and Zoning Code as they may apply to construction of a radio antenna, for the reconditioning of the Municipal water tower, and construction and use of a police carport.
(Ord. 3273. Passed 5-9-24.)
1127.00 GENERAL
1127.01 SCOPE OF REGULATION.
The fees charged for permits, services and the administration of the Planning and Zoning Code (being Part Eleven of the Codified Ordinances) are prescribed in this chapter. Fees prescribed in this chapter shall be in addition to any fees required by other Municipal regulations.
(Ord. 3273. Passed 5-9-24.)
1127.10 ADMINISTRATION.
1127.11 AUTHORITY HAVING JURISDICTION.
(a) The Planning Commission or its designee shall be responsible for the administration and enforcement of the requirements of this chapter.
(b) The Finance Director shall be responsible for the billing and collection of the fees and charges imposed by this chapter.
(Ord. 3273. Passed 5-9-24.)
1127.13 PROPERTY OWNER LIABLE FOR CHARGES.
The owners of real property filing an application or otherwise commencing proceedings under the Planning and Zoning Regulations shall be liable for all charges imposed by this chapter, all permits and services provided.
(Ord. 3273. Passed 5-9-24.)
1127.15 DECLARATION OF NECESSITY.
The Council hereby determines and declares as necessary for the protection of the public health, safety and general welfare of the citizens that the Municipality establish and collect charges for permits, the Municipal Engineer's fees, consultant fees, work done by the Municipality, and other associated expenses incurred by the Municipality in the administration and enforcement of the Land Planning and Zoning Regulations as hereinafter provided.
(Ord. 3273. Passed 5-9-24.)
1127.17 DISPOSITION OF FUNDS.
The funds collected under this chapter shall be deposited by the Finance Director in the General Fund. (Ord. 3273. Passed 5-9-24.)
1127.19 ANNUAL REVIEW.
The necessity and amount of fees set forth in this chapter shall be reviewed during the annual municipal budget process, by the Authorities having jurisdiction, considering the following factors: market rate for fees, the Municipality's cost for administering the Planning and Zoning Codes, and other applicable industry standards. The Finance Committee after review may recommend to Council adjustments to the fees. Recommendations shall be forwarded to Council as part of the annual municipal budget process so that changes are implemented when the budget is approved. (Ord. 3273. Passed 5-9-24.)
1127.21 AMENDMENT.
This chapter does not regulate zoning, land planning, subdivision requirements or property development. This chapter or any section thereof may be amended by ordinance without a public hearing. (Ord. 3273. Passed 5-9-24.)
1127.23 COSTS INCURRED BY THE MUNICIPALITY.
When work within the scope of the Planning and Zoning Code, or other associated regulations, is done by the Municipal Engineer, municipal consultants or other public agencies under contract or agreement with the Municipality (including, but not limited to, submittal review and approval, construction inspections and testing) the applicant shall be charged for the services performed. The cost charged to the Municipality for the services shall be charged to and paid by the applicant. (Ord. 3273. Passed 5-9-24.)
1127.25 SCHEDULE OF FEES.
(a) Permit fees shall be paid when the permit application is submitted.
(b) Deposit fees shall be paid upon submittal of plans, specifications or request for inspection, testing or approval. The total final cost shall be as prescribed in Section 1127.23. Any costs incurred by the Municipality in excess of the deposit shall be paid by the applicant within thirty (30) days of receipt of the invoice. The balance of the account after project approval shall be refunded to the applicant within sixty (60) days.
(c) No permit shall be issued, and no municipal approval of the project shall be effective until all outstanding fees for the development project have been paid in full.
(Ord. 3273. Passed 5-9-24.)
1127.27 APPLICATION DEPOSIT.
(a) Upon application for a permit within the scope of the Planning and Zoning Code (being Part Eleven of the Codified Ordinances), the applicant shall deposit an amount determined by the Authority Having Jurisdiction to pay all costs incurred by the Municipality as prescribed by these regulations.
(b) For the purpose of this section, the fees and charges set forth in Section 1127.25 et seq. are cumulative, unless specifically otherwise noted.
(Ord. 3273. Passed 5-9-24.)
1127.29 PLANNING COMMISSION FEES.
A fee of three hundred dollars ($300.00) shall be paid with each application or request for hearing before the Planning Commission, except:
(a) The applicant shall not be charged for an informal discussion at the Planning Commission's regular monthly meeting to review a proposed development project or zoning amendment (text or map).
(b) The applicant shall not be charged for final Planning Commission approval of a site development permit submittal required under Section 1113.05 et seq.
(c) A fee of one hundred fifty dollars ($150.00) shall be paid with each application for sign deviations under Section 1149.23.
(Ord. 3273. Passed 5-9-24.)
1127.31 CONSTRUCTION INSPECTION AND RELATED SERVICES.
(a) Construction Inspection and Services. Fees and deposits for construction inspection and services during construction shall be as follows:
(1) Inspection fees. The following fees shall be charged to the applicant and paid prior to each inspection:
A. Single Building Site Project (Residential) inspections are included with Zoning Certificate and Permit Fee.
B. Multi family and nonresidential project inspections are included with Zoning Certificate and Permit Fee.
C. PUD, PRD, Condominium and Major Subdivision inspections are eight hundred thirty dollars ($830.00) per inspection by Municipal Staff.
(2) Services during construction deposit. An applicant making a preconstruction submittal shall deposit with the Finance Director the sum estimated by the Public Service Director for the cost of administrative and inspection services by the municipal staff and consultants during and after construction.
(b) Work and Materials Testing Deposit. The deposit for testing of work and materials shall be one hundred percent (100%) of the cost estimated to be incurred by the Municipality for materials testing, testing of work during or after construction, and any performance tests and/or procedures required before the Municipality approves the improvements or accepts them for dedication to public use. The charge to the applicant shall be an amount equal to the costs incurred by the Municipality for the services.
(c) Engineering and Technical Services Deposit. The applicant shall be responsible for all charges and expenses for technical and engineering services deemed necessary by the Municipality to perform the reviews required by the Codified Ordinances not listed above. Charges for services by the Municipal Engineer and municipal consultants shall be billed at current contract rates by separate invoice.
(Ord. 3273. Passed 5-9-24.)
1127.33 ENGINEER AND CONSULTANT REVIEW DEPOSIT.
(a) Maximum Engineering Charges. For each submittal requiring review by the Municipal Engineer or other municipal consultants (see Section 1113.05 et seq), the maximum amount charged to the applicant shall not exceed the amounts in the following schedule:
PROJECT CLASSIFICATION | MAXIMUM ENGINEERING AND REVIEW COSTS |
Single building site development: | |
5 acres or less | $8,400.00 |
more than 5 acres | $15,000.00 |
Planned Residential Development and/or Major subdivision | $42,000.00 |
Lot split | $4,200.00 |
Minor subdivision | $8,400.00 |
Dedication to public use | $5,880.00 |
For projects not within the classifications above, the Municipality shall charge the applicant a municipal review fee of one thousand two hundred dollars ($1,200.00) for each submittal plus the amount charged to the Municipality for project review by the Municipal Engineer and other municipal consultants.
(b) Municipal Engineer, City Architect, and Consultant Deposit Requirements. For each submittal requiring review by the Municipal Engineer or other municipal consultant (see Section 1113.05 et seq), the applicant shall deposit with the Finance Director the amounts set forth in the following Project Classifications Schedule:
MUNICIPAL ENGINEER, CITY ARCHITECT AND CONSULTANT DEPOSIT | |
PROJECT CLASSIFICATION | |
Single building site: | |
5 acres or less | $3,500.00 |
more than 5 acres | $6,000.00 |
Lot Split or Minor subdivision | $500.00 |
Planned Residential Development | $10,000.00 |
Major subdivision | $10,000.00 |
Condominium | $10,000.00 |
(c) Minimum Deposit Required. The applicant shall deposit with the Finance Director the amounts in subsections (a) and (b) above with the submittal. If the funds on deposit are not sufficient to pay the Municipal Engineer's fees and consultant fees, the applicant shall upon notification deposit an amount not exceeding the amount in the schedules above as a supplemental deposit. Failure to deposit the additional amount within ten (10) days shall result in the cessation of all work and review by the Municipal Engineer, staff, and consultants.
(d) Determination of Fee and Refund. The applicant shall by charged the same amount invoiced to the City of Chardon by the Municipal Engineer or other consultant. The applicant shall receive an itemized bill listing services rendered and time spent. The balance of the deposit not spent for engineering or consulting review fees shall be returned to the applicant upon completion and final approval of the project.
(e) Minimum Deposit Amount. If a project is not listed in the schedules above, the Community Development Administrator shall determine the amount required to be deposited with the application after review of the application with the Municipal Engineer, City Architect, and Municipal Consultants. (Ord. 3273. Passed 5-9-24.)
1127.35 GRADING AND EROSION CONTROL REVIEW FEE.
The fees for Grading and Erosion Control review are established by the Geauga County Soil Sediment and Pollution Control Regulations. The required fees shall be paid with the application. A current fee schedule is on file in the City of Chardon Planning and Zoning Office.
(Ord. 3273. Passed 5-9-24.)
1127.37 SUBMITTAL REVIEW FEES.
Submittal review fees are included in the cost for a Zoning Certificate under Section 1127.45. (Ord. 3273. Passed 5-9-24.)
1127.39 SIGN PERMIT FEES.
A permit fee of one hundred dollars ($100.00) for one sign shall be paid with an application for a zoning certificate. A fee of fifty dollars ($50.00) shall be paid for each additional sign. A business moving from one location in the City which uses an existing sign at another location within the City shall pay fifty percent (50%) of the sign permit fee.
(Ord. 3273. Passed 5-9-24.)
1127.41 SITE DEVELOPMENT PERMIT.
(a) Fees for site development permits shall be charged and paid at the time of the applicable submittal (see Section 1113.01) according to the following schedule, except as noted in subsection (b) hereof:
PROJECT | FEE |
Lot Split/Lot Consolidation | $200.00 |
Minor Subdivision | $500.00 |
Major Subdivision (per submittal) | $1,000.00 |
PUD/PRD (per submittal) | $1,000.00 |
Dedication to Public Use (as a separate project) | $1,000.00 |
Wireless Telecommunication Tower facilities: | |
New construction, addition or alteration of ground facility | $1,000.00 |
Parking lot (as a separate project) | $1,000.00 |
Any other project or condition requiring a site development permit not listed above | $1,000.00 |
(b) Fees for projects requiring Site Development permits other than those listed above are included in the cost of the zoning permit fee.
(c) In addition to the fees set forth above, additional amounts may be charged to the City for reviews by the Municipal Engineer and other municipal consultant services shall be billed separately to the applicant at current contract rates.
(Ord. 3273. Passed 5-9-24.)
1127.43 ZONING AMENDMENT FEE.
The applicant for a zoning amendment application shall pay a fee of one thousand dollars ($1,000) with the application.
(Ord. 3273. Passed 5-9-24.)
1127.45 ZONING CERTIFICATE AND PERMIT FEES.
(a) The fees for a zoning certificate and permit are set forth in the following schedule:
PROJECT | FEE |
Single Family Residential | $1,000.00 |
Multi Family Residential (for first unit) plus (+$100 for each Additional Unit) | $1,000.00 |
Residential Remodel | $50.00 |
Residential Addition | $50.00 |
Accessory Structure | $50.00 |
Fence | $50.00 |
Deck | $50.00 |
Pool | $50.00 |
Driveway | $50.00 |
Other Residential Permit Not Listed | $50.00 |
New Commercial Building | |
(<40,000 sq. ft.) | $3,000.00 |
(<40,000 100,000 sq. ft.) | $5,000.00 |
(>100,000 sq. ft.) | $10,000.00 |
Commercial Remodel | $100.00 |
(<1,000 sq. ft.) | $100.00 |
(>1,000 sq. ft.) | $500.00 |
Commercial Fence | $100.00 |
Parking lot | $100.00 |
Change of Occupancy | $100.00* |
*50% Discount for a business moving to a new location from within the city | |
(b) In addition to the permit fee, an applicant shall be responsible for paying the cost for engineering services deemed necessary by the Municipality to perform the reviews required by the Codified Ordinances. Charges for services by the Municipal Engineer and other municipal consultants charged to the Municipality shall be billed separately to the applicant at current contract rates. (Ord. 3273. Passed 5-9-24.)
1127.47 CLOSEOUT SHEETS.
An applicant for a zoning permit shall submit a completed "closeout sheet" from the contractor listing all subcontractors and employees who performed services or labor for the project, and the amount paid to each, prior to issuance of the occupancy permit. The Tax Administrator or designee shall review and approve the "closeout sheet" as completed.
(Ord. 3273. Passed 5-9-24.)
1127.49 FORFEITURE OF DEPOSITS.
The Community Development Administrator or designee may seek forfeiture of the balance of the deposit if construction has not been completed, more than twelve (12) months have passed since all or part of the deposit was made and the deadline imposed in the Municipal Approval has passed. The owner of the deposited funds shall be given written notice by certified mail sent at least fourteen (14) days prior to the hearing before Council and shall be given an opportunity to present evidence why the deposit should not be forfeited. Council may declare the deposit forfeited to the Municipality after a public hearing.
(Ord. 3273. Passed 5-9-24.)
1127.51 FIELD CHANGE REQUESTS.
(a) A fee of three hundred dollars ($300.00) shall be charged for each municipal staff review of a field change request to modify approved plans, specifications or other documents (see Section 1111.23). The fees shall be as follows:
(b) The applicant for a field change request shall also pay all costs necessary for approval, including but not limited to technical services and services by the Municipal Engineer. All charges to the Municipality shall be invoiced to the applicant at current contract rates.
(c) Staff has the authority to approve minor field change requests. No additional fee shall be assessed unless the Municipality is charged for services by the Municipal Engineer or consultant. (Ord. 3273. Passed 5-9-24.)
1127.90 ENFORCEMENT AND PENALTY.
1127.91 DELINQUENT ACCOUNT ACTIONS.
(a) Charges Are a Lien. Unpaid fees charged pursuant to this chapter are a lien upon the premises subject to the application for permit. If not paid within thirty (30) days after the fees become due and payable, the Finance Director, at the direction of the City Manager, may certify the unpaid amount due to the County Auditor. The Auditor shall place the delinquent amount upon the tax duplicate with interest at the highest rate permitted by Ohio law and cause such amount to be collected as are other real estate taxes. The effective date for a lien shall be the date of certification to the County Auditor.
(b) Suspension of Plan Reviews and Application Processing. No plans or other submittal documents shall be accepted for review and/or processing, and the review of documents or processing of any application in progress shall cease, if the applicant fails to pay any fees which are due and payable to the Municipality in accordance with this chapter or other Municipal regulations.
(c) Interest. Costs due and owing the Municipality shall bear interest at the rate allowed under Ohio law for judgments if such amount is not paid within thirty (30) days of invoice date. (Ord. 3273. Passed 5-9-24.)
1127.93 ISSUANCE OF PERMITS AND APPROVALS.
No municipal permit shall be issued until all charges and fees required by Municipal regulations have been paid in full. This section supersedes any other section of the Codified Ordinances imposing a time limit upon the issuance of a permit or approval of a submittal.
(Ord. 3273. Passed 5-9-24.)