Chatham City Zoning Code

ADMINISTRATION

§ 158.110 ZONING CERTIFICATES.

No permit pertaining to the use of land or building shall be issued unless the Zoning Administrator has certified, after examination, that it complies with all provisions of this chapter.

(Ord. 96-54, passed 3-26-96)

§ 158.111 DUTIES OF THE ZONING ADMINISTRATOR.

(A) Appointment. The Zoning Administrator of the village or other officials that have been or shall be duly appointed by the Village President, with the approval of the Village Board, shall enforce this chapter.

(B) Duties. In enforcing and administering this chapter, the Zoning Administrator shall:

(1) Issue all certificates and make and maintain records thereof.

(2) Conduct or cause to be conducted inspections of buildings, structures, and uses of land to determine compliance with the terms of this chapter.

(3) Maintain permanent and current records of the ordinance, including but not limited to, all maps, amendments and special uses, variations, appeals, and applications therefor.

(4) Receive, file and forward to the Zoning Board of Appeals and Planning Commission, and Village Board all applications for appeals, variations, special uses, amendments and other matters on which such Boards and Commission are required to act under this chapter.

(5) Provide such clerical and technical assistance as may be required by the Zoning Board of Appeals and Planning Commission in the exercise of their duties.

(6) Be mindful of the requirements of this chapter while administering other ordinances pertaining to buildings, subdivisions and the like.

(7) Assist applicants with drafting of newspaper notices required by this chapter.

(8) Turn over to the office manager all application and other fees received by the Zoning Administrator.

(Ord. 96-54, passed 3-26-96)

§ 158.112 PLANNING COMMISSION.

(A) The Planning Commission shall consist of nine members who shall be qualified as officers of the village, except that they need not be residents of the village if they reside within contiguous territory not more than 1½ miles from the corporate limits of the village, and who shall select a chairman and vice chairman.

(B) Jurisdiction and duties. The Planning Commission is hereby vested with the following powers and duties in the administration of this chapter:

(1) To meet at least once per month.

(2) To post or publish notices of public hearing, and to hold such hearings as requested by the applicable statutes of the state, pertaining to proposed amendments to the regulations imposed and the districts created by this chapter, pertaining to initial zoning of property upon annexation or in accordance with annexation agreements, and to proposed special uses, as established in this chapter. Except, however, that the Planning Commission shall not have jurisdiction over limited rezoning amendments as defined in this chapter.

(3) To make written reports and recommendations to the Village Board on any such proposed amendments, zoning upon annexation, or proposed special uses.

(4) To initiate, direct, and review, from time to time, studies of the provisions of this chapter and to make reports of its recommendations to the Village Board.

(5) To hear and decide all matters which it is required to act upon under this chapter.

(6) To conduct hearings on adult use permits in accordance with Chapter 161 of this Code of Ordinances.

(C) The jurisdiction of the Planning Commission is not limited to zoning; for example, the Planning Commission has other duties under the Village Subdivision Ordinance.

(Ord. 96-54, passed 3-26-96; Am. Ord. 01-50, passed 9-25-01)

§ 158.113 PLANNING COMMISSION PROCEDURES AND RULES.

(A) All meetings requested of the Planning Commission shall be held at the call of the Chairman, and at such other times as the Commission may determine. All testimony by witnesses at any hearing provided for in this chapter shall, at the option of the chairman, be given under oath. The Chairman, or in the Chairman's absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall comply with the Open Meetings Act. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Planning Commission shall immediately be filed in the office of the Village Clerk and shall be a public record.

(B) The concurring vote of a majority of a quorum of the Planning Commission, is necessary to decide in favor of the applicant any matter under this chapter, or to recommend any amendment or special use to the Village Board.

(C) The Planning Commission shall have rules of procedure which shall be approved from time to time by the Village Board. The Rules of Procedures effective on the effective date of this chapter are attached hereto as Appendix A.

(Ord. 96-54, passed 3-26-96)

§ 158.114 PROCEDURES FOR ZONING AMENDMENTS.

(A) Authority. The regulations imposed and the districts created under the authority of this chapter may be amended from time to time by ordinance. An amendment shall be granted or denied by the Village Board only after proper notice and a public hearing before the Planning Commission and a report of its findings and recommendations has been submitted to the Village Board.

(B) Initiation. Amendments may be proposed by the Village Board, or by a resident or owner of property in the village.

(C) Processing. A petition for an amendment shall be filed with the Zoning Administrator in a form attached to this chapter as Appendix B. Such petition shall be forwarded from the Zoning Administrator to the Planning Commission with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of petitioner and the time and place of the hearing (a) by posting at the applicant's land not less than ten days prior to the hearing, and (b) by publishing a notice thereof at least once in one or more newspapers in general circulation within the village not more than 30 nor less than 15 days prior to the hearing, and (c) by giving a written notice by first class mail at least 15 days before the hearing to the owners of the properties located adjacent to the location for which the amendment is requested. Failure to comply with steps (a) and (c) will not void an amendment.

(D) Conduct of Planning Commission hearing and report.

(1) The Planning Commission shall conduct a public hearing in accordance with § 158.113 above. At the hearing, the Planning Commission shall take testimony as necessary and shall consider the following issues:

(a) Consistency with the adopted Village Comprehensive Plan.

(b) Consistency with existing commitments and/or planned public improvements.

(d) Occurrence of any land use changes that affect the original zoning of the subject area.

(e) Any major changes in the condition of buildings and structures that affect the original zoning of the subject area.

(f) Need for additional zoning amendments resulting by change requested.

(g) Adequate carrying capacity of existing servicing of utilities and streets.

(h) Effect proposed change will have on vehicular and pedestrian traffic.

(i) Impact proposed change will have on living conditions in the vicinity by changing environmental factors such as sunlight, air and water quality or noise.

(2) The Planning Commission shall prepare and transmit to the Village Board a written recommendation regarding the proposed amendment, along with a copy of its minutes.

(E) Action by the Village Board. The Village Board, after receiving the report of the Planning Commission and without further public hearing, except for any new matter not presented to the Planning Commission and which the Village Board deems relevant, may grant by ordinance any proposed amendment or may refer it back to the recommending body for further consideration. A failure to pass an ordinance shall be deemed a denial of the petition. Any written protest against any proposed amendment of the regulations or districts may be signed and acknowledged by the owners of 20 per cent of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered. If such written protest in such manner is filed with the Clerk of the Village and the applicant and his attorney five days prior to public hearing, the amendment shall not be passed except by a favorable vote of two-thirds of the Village Board then holding office.

(Ord. 96-54, passed 3-26-96)

§ 158.115 PROCEDURES FOR INITIAL ZONING PURSUANT TO ANNEXATION AGREEMENT.

Whenever a proposed annexation agreement containing provisions for zoning is filed with the village, the proposed agreement shall serve as a petition for amendment in accordance with § 158.114(C). The provisions of § 158.114(D) and (E) shall apply to any zoning requested in a proposed annexation agreement. In the event a proposed annexation agreement requests variations of the provisions of the Zoning Ordinance, the Planning Commission shall consider the variations requested along with the other zoning issues. The notices required by § 158.114(C) shall include a notice of the requested variation.

(Ord. 96-54, passed 3-26-96)

§ 158.116 SPECIAL USES.

(A) Purpose. The development and execution of the Zoning Ordinance is based upon the division of the village into districts, within any one of which the use of land, buildings, and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those districts without consideration, in each case, of the impact of those use. upon neighboring lands and upon public need for the particular use of the particular location. Such special uses fall into two categories:

(1) Uses operated by a public agency or publicly-regulated utilities, or uses traditionally affected with a public interest.

(2) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(B) Initiation. A written petition for a special use may be made by any person, firm, or corporation who is the owner of real estate for which such special use is sought, requesting or intending to request application for a special use.

(1) A petition for a special use in the form attached to this chapter as Exhibit C shall be filed with the Zoning Administrator. Such petition shall be forwarded by the Zoning Administrator to the Planning Commission with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of the petitioner and the time and place of the hearing (a) by posting on the applicant's land not less than ten days prior to the hearing, and (b) by publishing a notice thereof at least once in one or more newspapers in general circulation within the village not more than 30 days nor less than 15 days prior to the hearing, and (c) by mailing a written notice before the hearing to the owners of the properties located adjacent to the location for which the special use is requested. Failure to comply with (a) and (c) shall not void the special use.

(2) The Planning Commission shall make a finding on the request and shall submit a recommendation to the Village Board for decision.

(D) Findings. Before any special use shall be recommended to the Village Board, the Planning Commission shall make written findings certifying that the special use:

(1) Is proposed to be operated, designed, and located so that the public health, safety and welfare will be protected; and

(2) Will not cause substantial injury to the value of other property in the vicinity in which it is located.

(E) Decisions. The Village Board, after receiving the finding and recommendation and minutes of the Planning Commission and without further public hearing, may grant or deny by majority vote the proposed special use or may refer it back to the Planning Commission for further consideration.

(Ord. 96-54, passed 3-26-96)

§ 158.117 ZONING BOARD OF APPEALS.

(A) Creation. A Zoning Board of Appeals is hereby created for the village. The Board of Appeals, shall consist of seven members who shall serve for a term of five years, provided that the members first appointed after the enactment of this chapter shall serve terms as follows: One shall serve a term of one year; one for two years; one for three years; one for four years; one for five years; one for six years; and one for seven years; the successor to each member so appointed to serve a term of five years. One of the members so appointed shall be named as Chairman at the time of his appointment. The terms of the members shall commence on the date of their appointment. The amount of compensation, if any, shall be fixed by the President and Board of Trustees. The members shall be subject to removal by the President and Village Board of Trustees for good cause after public hearing. Members of the Zoning Board of Appeals shall have the powers and duties assigned to the Zoning Board of Appeals by statute and ordinance.

(B) Membership. All appointments to the Zoning Board of Appeals shall be made by the Village President subject to approval of the Village Board. One of the members so appointed shall be named as Chairman by the Village President with approval of the Village Board at the time of his appointment. Vacancies shall be filled as soon as possible for the unexpired term of any members whose place has become vacant. In the event that the office of Chairman is vacated for any reason, the Village President with approval of the Village Board shall immediately appoint, at his option, either one of the remaining members of the Board, or any member who is appointed to fill such vacancy on the Board as the new Chairman.

(C) Jurisdiction and authority. The Zoning Board of Appeals is hereby vested with the powers as granted by the statutes of the state and this chapter as follows:

(1) To hear and recommend appeals from any order, requirement, decision, or determination made by the Zoning Administrator pertaining to conformance with requirements of this chapter.

(2) To hear and recommend variations from the terms provided in this chapter in the manner and subject to the standards set forth in this section.

(3) To hear and decide all other matters upon which it is required to pass under this chapter.

(4) To hear and make recommendations as to limited rezoning amendments as defined in this chapter.

(5) To hear all requests for unclassified or unspecified uses as defined in this chapter (see § 158.019 of this chapter).

(Ord. 96-54, passed 3-26-96)

§ 158.118 PROCEDURES OF THE ZONING BOARD OF APPEALS.

(A) All meetings requested of the Zoning Board of Appeals shall be held at the call of their Chairman, and at such other times as the Board may determine. All testimony by witnesses at any hearing provided for in this chapter shall, at the option of the Chairman, be given under oath. The Chairman, or in the Chairman's absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall comply with the Open Meetings Act. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall immediately be filed in the office of the Village Clerk and shall be a public record.

(B) The concurring vote of four members of the Zoning Board of Appeals is necessary to reverse or affirm, wholly or partly, any order, requirement, decision, or determination made by the Zoning Administrator, or to decide in favor of the applicant any matter under this chapter or to any effect any variation in this chapter.

(Ord. 96-54, passed 3-26-96)

§ 158.119 PROCEDURES FOR LIMITED REZONING AMENDMENTS.

(A) Authority. A limited rezoning amendment shall be granted or denied by the Village Board only after proper notice and a public hearing before the Zoning Board of Appeals and a report of its findings and recommendations has been submitted to the Village Board.

(B) Initiation. Amendments may be proposed by the Village Board, or by a resident or owner of property in the village.

(C) Processing. A petition for a limited rezoning amendment shall be filed with the Zoning Administrator on a form attached to this chapter as Appendix E. Such petition shall be forwarded from the Zoning Administrator to the Zoning Board of Appeals with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of petitioner and the time and place of the hearing (a) by posting at the applicant's land not less than ten days prior to the hearing, and (b) by publishing a notice thereof at least once in one or more newspapers in general circulation within the village not more than 30 nor less than 15 days prior to the hearing, and (c) by giving a written notice by first class mail at least 15 days before the hearing to the owners of the properties located adjacent to the location for which the amendment is requested. Failure to comply with steps (a) and (c) will not void an amendment.

(D) Conduct of Zoning Board of Appeals hearing and report.

(1) The Zoning Board of Appeals shall conduct a public hearing in accordance with § 158.113 above. At the hearing, the Zoning Board of Appeals shall take testimony as necessary and shall consider the following issues:

(a) Consistency with the adopted Village Comprehensive Plan.

(b) Consistency with existing commitments and/or planned public improvements.

(d) Occurrence of any land use changes that affect the original zoning of the subject area.

(e) Any major changes in the condition of buildings and structures that affect the original zoning of the subject area.

(f) Need for additional zoning amendments resulting by change requested.

(g) Adequate carrying capacity of existing servicing of utilities and streets.

(h) Affect proposed change will have on vehicular and pedestrian traffic.

(i) Impact proposed change will have on living conditions in the vicinity by changing environment factors such as sunlight, air and water quality or noise.

(2) The Zoning Board of Appeals shall prepare and transmit to the Village Board a written recommendation regarding the proposed amendment, along with a copy of its minutes.

(E) Action by the Village Board. The Village Board, after receiving the report of the Zoning Board of Appeals and without further public hearing, except for any new matter not presented to the Zoning Board of Appeals and which the Village Board deems relevant, may grant by ordinance any proposed limited rezoning amendment or may refer it back to the recommending body for further consideration. A failure to pass an ordinance shall be deemed a denial of the petition. Any written protest against any proposed limited rezoning amendment of the regulations or districts may be signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered. If such written protest in such manner is filed with the Clerk of the Village and the applicant and his attorney five days prior to public hearing, the amendment shall not be passed except by a favorable vote of two-thirds of the Village Board then holding office.

(Ord. 96-54, passed 3-26-96)

§ 158.120 APPEALS PROCEDURES.

(A) Initiation. An appeal may be taken to the Zoning Board of Appeals by any person, firm, or corporation or by any office, department board, bureau, or commission, aggrieved by an administrative order, requirement, decision, or determination under this chapter by the Zoning Administrator or other authorized official of the village.

(B) Processing. An appeal shall be filed with the Zoning Administrator, who shall forward such petition with all exhibits and papers constituting the record upon which the action was taken to the Zoning Board of Appeals for processing in accordance with the applicable statutes of the state. The Board of Appeals shall within 30 days fix a time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal. Upon the hearing, any party may appear in person or by agent or by attorney.

(C) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed, or otherwise than by a restraining order which may be granted by the Board of Appeals or by a circuit court on application and on notice to the officer from whom the appeal is taken, and on due cause shown.

(Ord. 96-54, passed 3-26-96)

§ 158.121 VARIATIONS.

(A) Initiation. A written petition for a variance in the form attached to this chapter as Appendix D may be made by any person, firm or corporation which is the owner of real estate for which such variation is sought.

(B) Processing. A petition for a variance shall be filed with the Zoning Administrator. Such petition shall be forwarded to the Zoning Board of Appeals with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of the petitioner, and the time and place of the hearing (a) by posting at the applicant's land not less than ten days prior to the hearing, and (b) by publishing a notice thereof at least once in one or more newspapers in general circulation within the Village of Chatham not more than 30 nor less than 15 days prior to the hearing, and (c) by giving a written notice by mail the hearing to the owners of the properties located adjacent to the location for which the variation is requested. Failure to comply with (a) and (c) will not void the proposed variance.

(1) The Zoning Board of Appeals shall not recommend variance of the provisions of this chapter as authorized in this section unless it shall have made findings based upon the evidence presented to it that all of the following conditions apply:

(a) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

(b) That the plight of the owner is due to unique circumstances; and

(2) The Zoning Board of Appeals, in making the foregoing determination may take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

(a) That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of regulation were to be carried out;

(b) That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification;

(d) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

(e) That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or

(f) That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.

(3) The Zoning Board of Appeals may require such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variance upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.

(E) Authorized variations. Variations from the regulations of this chapter may be recommended by the Zoning Board of Appeals only in accordance with the standards set forth in this section and only in the following instances:

(1) To permit a height greater than allowed.

(2) To permit a yard less than the yard required by the applicable regulation.

(3) To permit the use of a lot located in a Residence District having insufficient area and width for a single-family dwelling, provided such lot is of record on the effective date of this chapter.

(4) To permit the use of any lot not covered above, for a use otherwise prohibited solely because of insufficient area of the lot.

(5) To permit the same off-street parking spaces to qualify as required spaces for two or more uses, provided that the maximum use of such facility by each user does not take place during the same hours of the same days of the week.

(6) To reduce the applicable off-street parking or loading requirements.

(7) To authorize a use of land where an amendment to the village zoning district classification causes practical difficulties or hardships.

(8) To vary requirements for fences and swimming pools.

(F) Decisions.

(1) The Zoning Board of Appeals at the conclusion of the public hearing promptly thereafter shall submit a report of its findings and recommendations on each petition to the Village Board.

(2) The Village Board, after receiving the report of the Zoning Board of Appeals and without further public hearing, except for any new matter not presented to the Zoning Board of Appeals and which the Village Board deems relevant, may grant or deny by majority vote and proposed variation or may refer it back to the recommending body for further consideration.

(Ord. 96-54, passed 3-26-96)

§ 158.122 FEES FOR VARIANCES, APPEALS AND AMENDMENTS.

(A) Any application for a variance or appeal filed by or on behalf of the owner or owners of the property affected shall be accompanied by a fee of $200.

(B) Any application for an amendment or special use filed by or on behalf of the owner or owners of the property affected shall be accompanied by a fee of $200.

(C) Any application for any action, filed by an officer, board or commission of the village not on behalf of any specific private interest, shall not be accompanied by any fee.

(Ord. 96-54, passed 3-26-96)

§ 158.123 VIOLATION, PENALTY AND ENFORCEMENT.

Any person, firm, or corporation, who violates, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined not less than $50 nor more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The Zoning Administrator is hereby designated and authorized to enforce this chapter.

(Ord. 96-54, passed 3-26-96)

§ 158.124 NUISANCES.

Every structure and lot which is in violation of this chapter is hereby declared a nuisance. The village may apply to a court of competent jurisdiction for equitable relief to restrain, enjoin or abate any such nuisance.