Clinton City Zoning Code

REVIEW PROCEDURES

§ 152.050 PURPOSE.

The purpose of this subchapter is to identify the review procedures used in the administration of this Zoning Code.

(Prior Code, § 1113.01) (Ord. O-18-20, passed 11-20-2018)

§ 152.051 COMMON REVIEW REQUIREMENTS.

The requirements of this section shall apply to all development review applications and procedures subject to review under this Zoning Code, unless otherwise stated.

(A) Authority to file applications.

(1) The person having legal authority to take action in accordance with the approval sought shall file an application for any review in accordance with this Zoning Code. The person having legal authority shall be the recorded property owner or the duly authorized agent of the recorded property owner and may be required to provide written proof of such authority at the time of application.

(2) The Planning Commission and Village Council may initiate zoning text and map amendments under this Zoning Code with or without an application from the property owner who may be affected.

(B) Application contents.

(1) Submittal requirements.

(a) Applications required under this Zoning Code shall be submitted in a form and in such numbers as established by the village and made available to the public.

(b) The Village Council shall adopt the submittal requirements at a regular Council meeting after hearing recommendations on the requirements from the Zoning Inspector.

(2) Submission of professional fees and costs.

(a) All persons submitting an application, license or other request to the Village Engineer, Street Superintendent, Zoning Inspector, Planning Commission and/or the Board of Zoning Appeals shall be required to reimburse the village for any professional fees and related costs associated with the village’s review, analysis, inspection and other activity related to such request.

(b) The Village Fiscal Officer shall establish a professional fees, costs and review account for the village. The funds placed in this review account are subject to the deposit and fee schedules described in divisions (B)(2)(c) and (B)(2)(d) below.

(c) A professional fees and costs deposit shall accompany each application, license or request submitted to the Village Engineer, Street Superintendent, Zoning Inspector, Planning Commission and/or the Board of Zoning Appeals. The deposit shall be placed in a professional fees, costs and review account, which shall be maintained for each separate application, license or request. The initial deposit shall be received before the village will incur any professional fee or cost associated with the village’s review, analysis, inspection and other activity related to an applicant’s request. The specific amount for an initial deposit shall be established in the village fee schedule as established in § 37.01. The Mayor or the Mayor’s designee may, on a case-by-case basis, assess an applicant an additional deposit based upon anticipated future professional fees and cost review of the size and scope of the project. At all times during the pendency of an application, license or request where professional fees and/or costs for the village are required, such fees and costs shall be charged against the professional fees and cost deposit on a monthly and/or as needed basis and a positive balance shall be maintained in an applicant’s professional review account. The village shall give notice to an applicant once the balance in the applicant’s professional review account reaches a $500 or lower balance if an additional deposit will be required. Should the fees as set forth in division (B)(2)(d) below consume the entire initial professional fees and costs deposit, all reviews, consideration, deliberation and analysis of the subject application, license or request by the village shall be suspended and no further construction, work and/or further use shall be done by the applicant or its agents until a supplemental deposit is assessed and deposited. The balance of the deposit funds on hand, after fees are assessed to said applicant, shall be returned to the applicant within 90 days of the final conclusion of the project and any potential legal matter pertaining to the request, application or license.

(d) The village fee schedule may also include a listing of typical charges associated with the professional review, inspection or other conduct required in association with any application, request or license submitted to the Village Engineer, Street Superintendent, Zoning Inspector, Planning Commission and/or the Board of Zoning Appeals.

(e) No approvals shall be granted for any application, license or other request submitted to the Village Engineer, Street Superintendent, Zoning Inspector, Planning Commission and/or the Board of Zoning Appeals unless and until the required initial and/or supplemental deposit has been made; subject to waiver of the deposit by the Mayor. The requirement for payment of professional fees, as established under division (A) above, is non-waivable.

(f) The commencement, undertaking and/or completion of any construction, grading, soil preparation or other activity conducted by an applicant related to a project that requires a deposit under this code of ordinances is strictly prohibited until an initial and/or supplemental deposit has been made. Any such work completed without the submission of an initial and/or supplemental deposit shall be subject to removal and/or demolition by the village at the applicant’s costs.

(3) Complete application determination.

(a) The Zoning Inspector shall only initiate the review and processing of applications submitted under this subchapter if such application is determined to be complete.

(b) The Zoning Inspector shall make a determination of application completeness within a reasonable time.

(c) If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this subchapter.

(d) If an application is determined to be incomplete, the Zoning Inspector shall provide notice to the applicant along with an explanation of the application’s deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected.

(e) If the applicant fails to resubmit a complete application within 60 days of the notice provided by the Zoning Inspector pursuant to division (B)(3)(d) above, the incomplete application shall not be reviewed, the applicant’s original filing fee shall be forfeited and the incomplete application shall be deemed withdrawn. No reconsideration of an incomplete application shall occur after expiration of the 60-day period and an applicant in need of further development approval under the Zoning Code shall, pursuant to all of the original requirements of this division (B), submit a new application and filing fee.

(f) If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be rejected.

(4) Refund of fees. Application or review fees are not refundable except where the Zoning Inspector determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.

(5) Submission schedule. The Zoning Inspector is authorized and shall establish the submission and review schedule (including time frames for review where not established within the state statues) for applications. The Zoning Inspector may amend and update these requirements as determined necessary.

(C) Examination and copying of application and other documents. Documents and/or records may be inspected and/or copied as provided for by state law.

(D) Notice.

(1) BZA hearing notice.

(a) Written notice shall be mailed to any party of interest including each owner of property, as shown on the County Auditor’s current tax list, whose land is contiguous to or directly across a street or roadway from the property that is the subject of the application. Such notice shall be given a minimum of ten days prior to the date of the public hearing. The failure of delivery of such notice does not invalidate the notice.

(b) The village shall also give notice of such public hearing by publishing a legal notice in one or more newspapers of general circulation in the county at least ten days before the date of such hearing.

(2) Constructive notice for all proceedings. The following shall apply to all public notice requirements, regardless of decision making body.

(a) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision making body shall direct the agency having responsibility for notification to make a formal finding as to whether there was substantial compliance with the notice requirements of this Zoning Code, and such finding shall be made available to the decision making body prior to final action on the request.

(b) When the records of the village document the publication, mailing and/or posting of notices as required by this subchapter, it shall be presumed that notice of a public hearing was given as required by this section.

(E) Computation of time.

(1) In computing any period of time prescribed or allowed by this Zoning Code, the date of the application, act, decision or event, from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which case the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday as observed by the United States Postal Service.

(2) When the United States Postal Service is closed to the public for the entire day which constitutes the last day of the period of time, then such application, act, decision or event may be performed on the next day which is not a Saturday, a Sunday or a legal holiday observed by the United States Postal Service in which its offices are closed for the entire day.

(F) Conduct of public hearing.

(1) Rights of all persons. Any person may appear at a public hearing and submit information or evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state his or her address, and, if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.

(2) Continuance of a public hearing or deferral of application review.

(a) An applicant may request that a review or decision making bodies’ consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Zoning Inspector prior to the publication of notice as may be required by this subchapter. The Zoning Inspector may grant such requests, in which case the application will be considered at the next regularly scheduled meeting.

(b) A request for deferral of consideration of an application received by the Zoning Inspector after publication of notice of the public hearing as required by this subchapter shall be considered as a request for a continuance of the public hearing, and may only be granted by the review or decision making body.

(c) The review or decision making body conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time and place.

(3) Withdrawal of application. Any request for withdrawal of an application shall be either submitted in writing to the Zoning Inspector or made through a verbal request by the applicant prior to action by the review or decision making body.

(a) The Zoning Inspector shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this subchapter.

(b) If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this chapter, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision making body.

(c) In all cases where the applicant has requested the withdrawal of an application, the application fee paid shall not be refunded.

(4) In the absence of any rule upon any matter of business not provided for in foregoing rules or the state statutes, as so far as provisions for the same are therein made, “Roberts’ Rules of Order,” shall be the standard of parliamentary usage.

(Prior Code, § 1113.02) (Ord. O-18-20, passed 11-20-2018; Ord. O-22-07, passed 3-15-2022)

§ 152.052 ZONING CERTIFICATE.

(A) Applicability. A zoning certificate shall be required for any of the following:

(1) New construction or structural alteration of each single-family dwelling or attached dwelling, including related accessory structures, unless otherwise exempted in this chapter;

(2) Any work or improvements to those portions of a lot located within the riparian setback;

(3) Occupancy and use of vacant land in a residential zoning district;

(4) Temporary uses or structures in a residential zoning district that require a certificate pursuant to § 152.211; or

(5) Any change in the use of a non-conforming use.

(B) Review procedure.

(1) Step 1: application. The applicant shall submit an application for a zoning certificate for review and approval prior to submitting for a building permit from the county. Such application shall include:

(a) The zoning certificate application and applicable forms available from Village Hall;

(b) All such forms, maps and information as may be prescribed by the Zoning Inspector to assure the fullest practicable presentation of the facts for the permanent record; and

(2) Step 2: review. The Zoning Inspector shall review the application for conformance with the provisions of this Zoning Code.

(3) Step 3: decision.

(a) Within 30 business days after an application (Step 1) is determined to be complete, the Zoning Inspector shall either approve and issue the zoning certificate or deny the application and state in writing the reasons for the action taken. Such statement of denial shall include, but not be limited to, a list of regulations that would be violated by the proposed use, and shall transmit one copy thereof to the applicant along with one copy of the plot plan, signed, dated and noted as denied.

(b) In conducting the review of the application, the Zoning Inspector may consult with any department, agency, public body, official, company or individual necessary to determine whether the application complies with the regulations of this subchapter. Any costs of review shall be borne by the applicant, as stated in the village fee schedule.

(c) Upon approval, the Zoning Inspector shall give to the applicant one signed copy of the zoning certificate and file the second copy of the certificate with the Office Administrator at Village Hall to be maintained for village records.

(d) If the application is denied, the applicant may submit a revised application for review in accordance with this review procedure, or the applicant may appeal the decision to the BZA in accordance with § 152.057.

(1) All applications for a zoning certificate shall demonstrate conformity with the provisions of this Zoning Code.

(2) No zoning certificate shall be issued without evidence that the responsible health authority has approved the proposed sanitary sewage disposal facilities for the use for which the zoning certificate has been requested.

(3) No zoning certificate shall be granted to build any structure where there is a proposed ingress or egress point to the roadway until the owner of such property has secured a permit from the State Department of Transportation, the County Engineer or the proper village official (whichever authority has jurisdiction), for permission to install a culvert of the proper size and specifications required by the respective authority and has completed the installation of such culvert.

(D) Expiration.

(1) Construction shall begin within 12 months of issuance of a zoning certificate. Construction shall be considered begun if the footers of the structure have been installed.

(2) Failure to begin construction within 12 months shall result in the expiration of the zoning certificate unless the applicant requests and receives an extension from the Zoning Inspector for good cause.

(3) Where the zoning certificate is for a use of land or a structure, such use shall be open or fully functioning within 12 months of issuance of a zoning certificate or the zoning certificate shall expire.

(4) Construction shall be completed within 24 months of the zoning certificate approval or the certificate shall expire. Construction shall be considered complete when a certificate of occupancy has been issued by the Zoning Inspector.

(5) Upon expiration of a zoning certificate, a new zoning certificate application, including all applicable fees, shall be required before construction.

(E) Temporary zoning certificate.

(1) Temporary buildings and uses that require a zoning certificate as established in § 152.211, shall be required to obtain a temporary zoning certificate in accordance with the procedure set forth above for approval of a zoning certificate.

(2) A temporary zoning certificate shall be valid for a period of 30 days, unless the Zoning Inspector authorizes a longer period or in accordance with § 152.211.

(F) Revocation of a zoning certificate.

(1) The Zoning Inspector shall hereby have the authority to revoke an approved zoning certificate or temporary zoning certificate if the information submitted as part of the application is found to be erroneous or fraudulent after the certificate has been issued.

(2) The Zoning Inspector may also revoke a zoning certificate if the applicant has not conformed with all applicable federal, state, county and village regulations, resolutions and rules including, but not limited to, the County Planning Commission, the County Engineer, the County Soil and Water Conservation District, and the village sewer district.

(Prior Code, § 1113.03) (Ord. O-18-20, passed 11-20-2018)

§ 152.053 SIGN PERMIT.

(A) Generally. Sign permits shall be considered a form of a zoning certificate, required by this subchapter and allowed for in accordance with the state statutes.

(B) Applicability.

(1) A sign permit shall be required for all new permanent signs, certain temporary signs or sign changes as established in §§ 152.295 through 152.306.

(2) All sign permits, unless otherwise specified in §§ 152.295 through 152.306, shall be subject to review by the Planning Commission prior to the Zoning Inspector making a decision.

(3) Temporary signs shall not be subject to review by the Planning Commission.

(1) Sign permits shall be subject to the following procedure.

(a) Step 1: application. The applicant shall submit an application for a sign permit for review and approval prior to submitting for a building permit from the county. Such application shall include:

1. The sign permit application and applicable forms available from Village Hall or accessible on the village website;

2. All such forms, maps and information as may be prescribed by the Zoning Inspector to assure the fullest practicable presentation of the facts for the permanent record; and

3. All required fees as established in the village fee schedule.

(b) Step 2: review and recommendation by the Planning Commission.

1. Within 30 business days after an application (Step 1) is determined to be complete, the Planning Commission shall hold a public meeting to review and make a recommendation on the sign permit application. The recommendation shall be made to the Zoning Inspector who shall make the final decision on the application.

2. The Planning Commission may refer to this chapter in making its recommendation.

1. The Zoning Inspector shall review the application for conformance with the provisions of this Zoning Code.

2. The applicant shall be responsible for providing the Zoning Inspector with amended information (e.g., drawings) where modifications are to be made to the sign based on the Planning Commission’s recommendations.

(d) Step 4: decision.

1. Within 15 business days after the Planning Commission makes a recommendation (Step 2), the Zoning Inspector shall either approve and issue the sign permit (pursuant to the actual application or any amendment application) or deny the application and state in writing the reasons for the action taken. Such statement of denial shall include, but not be limited to, a list of regulations that would be violated by the proposed use, and shall transmit one copy thereof to the applicant along with one copy of the application, signed, dated and noted as denied.

2. Upon approval, the Zoning Inspector shall return one signed copy of the application and file the second copy of the application with the Office Administrator at Village Hall to be maintained for village records.

3. If the application is denied, the applicant may submit a revised application for review in accordance with this review procedure, or the applicant may appeal the decision to the BZA in accordance with § 152.057.

(2) Signs that do not require Planning Commission review (e.g., temporary signs) shall be subject to divisions (C)(1)(a), (C)(1)(c) and (C)(1)(d) above. Applicants may request that an application be submitted to the Planning Commission for review and recommendations.

(D) Expiration.

(1) Construction of the sign shall be completed within 12 months of the sign permit approval or the sign permit shall expire.

(2) Upon expiration of a sign permit, a new sign permit application, including all applicable fees, shall be required before construction or changes to the applicable sign.

(E) Revocation of a sign permit. The Zoning Inspector shall have the authority to revoke a sign permit for the same reason and in the same manner as a zoning certificate. See § 152.052(F).

(Prior Code, § 1113.04) (Ord. O-18-20, passed 11-20-2018)

§ 152.054 ZONING TEXT OR MAP AMENDMENT.

(A) Amendment initiation.

(1) Amendments or supplements to the Zoning Code or zoning map may be initiated by:

(a) A motion of the Planning Commission;

(b) Passage of a resolution by the Village Council; or

(c) By the filing of an application by the owners (or their agents) of property within the area proposed to be changed or affected by the proposed amendment.

(2) If the Village Council initiates the amendment, the Council shall, upon the passage of such resolution, certify such resolution to the Planning Commission.

(B) Review procedure.

(1) Step 1: pre-application conference (optional).

(a) If initiated by the property owners, the applicant may request to meet with the Planning Commission to discuss the initial concepts of the proposed amendment and general compliance with applicable provisions of this Zoning Code prior to the submission of the application.

(b) Discussions that occur during a pre-application conference or any preliminary meeting with the Planning Commission are not binding on the village and do not constitute official assurances or representations by the village or its officials regarding any aspects of the plan or application discussed.

(2) Step 2: application.

(a) Applications for any change of district boundaries, classifications of property as shown on the zoning map or changes to the Zoning Code text shall be submitted to the Planning Commission at Village Hall or submitted through the village website.

(b) The application shall include all such forms, maps and information, as may be prescribed by the Zoning Inspector to assure the fullest practicable presentation of the facts for the permanent record.

(c) Each application initiated by property owners shall be signed by at least one of the owners, or the owners authorized agent of the property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications.

(d) Applications for amendments initiated by the Planning Commission or the Village Council shall be accompanied by the initiating board’s motion or resolution pertaining to such proposed amendment.

(e) All applications shall be submitted with the required fees as established in the village fee schedule.

(3) Step 3: public hearing and recommendation by the Planning Commission.

(a) Upon adoption of a motion, certification of a resolution or the filing of an application (certified as complete by the Zoning Inspector) for an amendment (Step 2), the Planning Commission shall set a date for a public hearing regarding the proposed amendment.

(b) The public hearing shall not be less than 20 or more than 40 days after the date the application (Step 2) was certified as complete by the Zoning Inspector.

(d) Within 30 days after the completion of the Planning Commission’s public hearing, the Planning Commission shall recommend the approval, denial or modification of the proposed amendment and submit such recommendation together with such application or resolution, and the text and map pertaining thereto, to the Village Council.

(4) Step 4: public hearing and decision by the Village Council.

(a) Upon receipt of the recommen- dation from the Planning Commission (Step 3), Village Council shall set a time for a public hearing on such proposed amendment.

(b) The date of the public hearing shall not be more than 30 days after the date of the receipt of such recommendation from the Planning Commission.

(d) Within 20 days after its public hearing, the Village Council shall either adopt or deny the recommendations of the Planning Commission. If Village Council denies or modifies the Planning Commission’s recommendations, not less than three-fourths vote of the membership of Council shall be required.

(C) Effective date. Any amendment adopted by the Village Council shall become effective 30 days after the date of such adoption unless otherwise specified.

(D) Review criteria. The following criteria shall be used by the Planning Commission and the Village Council in decisions regarding zoning amendments:

(1) The amendment is in accordance with and in the spirit of this chapter;

(2) The applicant must justify the particular zoning being sought and show that it is best suited for the specific site, based upon the policies of the village; and

(3) Any other substantive factor deemed appropriate by the Planning Commission or Village Council.

(Prior Code, § 1113.05) (Ord. O-18-20, passed 11-20-2018)

§ 152.055 CONDITIONAL USE.

(A) Review procedure. The review procedure for variances and conditional uses shall be as follows.

(1) Step 1: application.

(a) An application for a conditional use over which the Planning Commission has original jurisdiction under § 152.033, may be made by any property owner, including an authorized agent, or by a governmental officer, department, board or bureau.

(d) All applications shall be submitted with the required fees as established in the village fee schedule.

(2) Step 2: public hearing with the Planning Commission.

(a) Upon application (Step 1), the Planning Commission shall fix a reasonable time for the public hearing on any application, give at least ten days’ notice in as noted in § 152.051(D) and give notice of such public hearing by publication in one or more newspapers of general circulation in the county at least ten days before the date of such hearing.

(b) Upon the day for hearing any application, the Planning Commission may adjourn the hearing in order to obtain additional information or to cause further notice, as it deems proper, to facilitate the discussion and decision on said application. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the Planning Commission so decides.

(3) Step 3: decision.

(a) Within 30 days after the hearing concludes (Step 2), the Planning Commission shall make a decision on the application.

(b) A decision of the Planning shall not become final until the expiration of 30 days from the date of such decision unless the Planning Commission shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

(c) A certified copy of the Planning Commission’s decision shall be transmitted to the applicant or appellant at the applicant’s address as shown on the records of the Planning Commission. A copy shall be maintained by the Zoning Inspector.

(d) In authorizing a conditional use, the Planning Commission may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as the Planning Commission may deem necessary in the interest of the furtherance of the purposes of this subchapter. In authorizing a conditional use with conditions, the Planning Commission may require such other evidence, guarantee or bond as it may deem necessary. The applicant shall be required to comply with the conditions.

(e) Failure to comply with the conditions of a decision shall be deemed a violation of this Zoning Code.

(f) Any party adversely affected by a decision of the Planning Commission may appeal the decision to the BZA.

(g) Approval of an application for a conditional use by the Planning Commission shall constitute an approval of a zoning certificate.

(B) Conditional use review criteria. In reviewing conditional uses, the Planning Commission shall consider the following:

(1) The use is a conditional use, permitted with approval by the Planning Commission, in the district where the subject lot is located;

(2) The use is in accordance with the objectives of this Zoning Code;

(3) The conditional use will not substantially and/or permanently injure the appropriate use of neighboring properties and will serve the public convenience and welfare; and

(4) The Planning Commission shall also consider the following as applicable to the subject application:

(a) The comparative size, floor area and mass of the proposed structure(s) in relationship to adjacent structures and buildings in the surrounding properties and neighborhood;

(b) The frequency and duration of various indoor and outdoor activities and special events and the impact of these activities on the surrounding area;

(c) The number of transit movements generated by the proposed use and relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood;

(d) The capacity of adjacent streets to handle increased traffic in terms of traffic volume;

(e) The added noise level created by activities associated with the proposed use and the impact of the ambient noise level of the surrounding area and neighborhood;

(f) The requirements for public services where the demands of the proposed use are in excess of the individual demand of adjacent land uses in terms of police and fire protection, and the presence of any potential fire or other hazards created by the proposed use;

(g) The general appearance of the neighborhood will not be adversely affected by the location of the proposed use on the parcel;

(h) The impact of night lighting in terms of intensity and duration and frequency of use as it impacts adjacent properties and in terms of presence in the neighborhood;

(i) The impact of the landscaping of the proposed use in terms of maintained landscaped areas versus areas to remain in a natural state, and the openness of landscape versus the use of buffers and screens;

(j) The impact of a significant amount of hard surfaced areas for building, sidewalks, drives, parking areas and service areas in terms of noise transfer, water runoff and heat generation;

(k) The potential for the proposed use to remain in existence for a reasonable period of time and not become vacant or unused. Consideration should also be given to unusual single purpose structures or components of a more temporary nature; and

(l) Any other physical or operational feature or characteristic that may affect the public health, safety and welfare.

(1) For a conditional use approval, the applicant shall be subject to the same expiration requirements as a zoning certificate. See § 152.052(D).

(2) Upon expiration of a conditional use approval, a new conditional use application, including all applicable fees, shall be required.

(D) Continuation of existing uses conditionally permissible under this subchapter.

(1) All legally established uses existing at the time of passage of this subchapter or amendments thereto that are made a conditional use by a zoning text amendment shall be issued conditional use permits within one year after the passage of this subchapter or amendments thereto.

(2) The Planning Commission shall issue such permits and may approve the conditional uses as brought forth by the owner.

(Prior Code, § 1113.06) (Ord. O-18-20, passed 11-20-2018)

§ 152.056 VARIANCE.

(A) Review procedure. The review procedure for variances and conditional uses shall be as follows.

(1) Step 1: application.

(a) An application for a variance over which the BZA has original jurisdiction under § 152.034, may be made by any property owner, including an authorized agent, or by a governmental officer, department, board or bureau.

(d) All applications shall be submitted with the required fees as established in the village fee schedule.

(2) Step 2: public hearing with the Board of Zoning Appeals.

(a) Upon application (Step 1), the BZA shall fix a reasonable time for the public hearing on any application, give at least ten days’ notice in as noted in § 152.051(D), and give notice of such public hearing by publication in one or more newspapers of general circulation in the county at least ten days before the date of such hearing.

(b) Upon the day for hearing any application, the BZA may adjourn the hearing in order to obtain additional information or to cause further notice, as it deems proper, to facilitate the discussion and decision on said application. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the BZA so decides.

(3) Step 3: decision.

(a) Within 30 days after the hearing concludes (Step 2), the BZA shall make a decision on the application.

(b) A decision of the BZA shall not become final until the expiration of 30 days from the date of such decision unless the BZA shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

(c) A certified copy of the BZA’s decision shall be transmitted to the applicant or appellant at the applicant’s address as shown on the records of the BZA. A second copy shall be filed with the Office Administrator at Village Hall for village records.

(d) In authorizing a variance, the BZA may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as the BZA may deem necessary in the interest of the furtherance of the purposes of this chapter. In authorizing a variance with conditions, the BZA may require such other evidence, guarantee or bond as it may deem necessary. The applicant shall be required to comply with the conditions.

(e) Failure to comply with the conditions of a decision shall be deemed a violation of this Zoning Code.

(f) Any party adversely affected by a decision of the BZA may appeal the decision to the County Court of Common Pleas.

(B) Variance review criteria.

(1) Generally. The BZA shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of this chapter as will not be contrary to the public interest. Where an applicant seeks a variance, said applicant shall be required to supply evidence that demonstrates that the literal enforcement of this chapter will result in practical difficulty for an area/dimensional variance or unnecessary hardship for a use variance. The factors for an area/dimensional variance and use variance, as individually specified in this section, shall be considered and weighed by the BZA.

(2) Area/dimensional variance.

(a) The following factors shall be considered and weighed by the BZA to determine practical difficulty:

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; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to non-conforming and inharmonious uses, structures or conditions;

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 and is the minimum necessary to make possible the reasonable use of the land or structures;

4. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;

5. Whether the variance would adversely affect the delivery of governmental services such as sewer and trash pickup;

6. Whether special conditions or circumstances exist as a result of actions of the owner;

7. Whether the property owner’s predicament can feasibly be obviated through some method other than a variance;

8. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and/or

9. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures or buildings in the same district.

(b) No single factor listed above may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.

(3) Use variance. In order to grant a use variance, the BZA shall determine that strict compliance with the terms of this subchapter will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the following criteria are satisfied:

(a) The property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located;

(b) The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;

(d) The essential character of the neighborhood will not be substantially altered as a result of the variance;

(e) There is an existing structure that cannot be reasonably used for a permitted use or a conditionally permitted use in the applicable zoning district;

(f) The proposed use is listed in § 152.085;

(g) The hardship condition is not created by actions of the applicant;

(h) The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

(i) The granting of the variance will not adversely affect the public health, safety or general welfare;

(j) The variance will be consistent with the general spirit and intent of this chapter;

(k) The requested use is permitted in another district in this chapter; and

(l) The variance sought is the minimum that will afford relief to the applicant.

(1) For a variance, the applicant shall submit a completed application for a zoning certificate within six months of the BZA decision.

(2) A variance approval shall expire if a completed zoning certificate application has not been submitted to the Zoning Inspector within six months of the BZA’s decision. The applicant may request an extension of an additional six months if such request is submitted to the Zoning Inspector in writing a minimum of two weeks prior to the date of expiration.

(3) Upon expiration of a variance, a new variance application, including all applicable fees, shall be required.

(Prior Code, § 1113.07) (Ord. O-18-20, passed 11-20-2018)

§ 152.057 APPEALS.

(A) Appeal applicability. An appeal to the BZA may be taken by the applicant or any person aggrieved by a decision of the Zoning Inspector or administrative official in the enforcement of this Zoning Code. Such appeal shall be taken within 20 days after receipt of notification of the decision, by filing with the Zoning Inspector and with the BZA, a notice of appeal specifying the grounds thereof including applicable sections of this subchapter.

(B) Review procedure. The review procedure for an appeal shall be as follows.

(1) Step 1: filing of appeal.

(a) Upon the filing of an appeal, the Zoning Inspector shall transmit to the BZA all the documents and other evidence constituting the record.

(b) The filing of an appeal shall stay all proceedings unless the Zoning Inspector or any affected person certifies to the BZA that, by reason of facts pertaining to the matter in question, a stay, in his or her opinion, would cause imminent peril to life or property. When such certification is made, proceedings shall not be stayed except by order granted by the BZA.

(2) Step 2: public hearing with the Board of Zoning Appeals.

(a) Upon the filing of an appeal (Step 1), the BZA shall fix a reasonable time for the public hearing on the appeal, give notice in writing at least ten days prior to the hearing to the parties of interest and give notice of such public hearing by one publication in one or more newspapers of general circulation in the county at least ten days before the date of such hearing.

(b) Upon the day for hearing any appeal, the BZA may adjourn the hearing in order to obtain additional information or to cause further notice, as it deems proper, to facilitate the discussion and decision on said appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the BZA so decides.

(3) Step 3: decision.

(a) Within 30 days after the hearing concludes (Step 2), the BZA shall make a decision on the appeal.

(c) A certified copy of the BZA’s decision shall be transmitted to the applicant or appellant at the applicant’s address as shown on the records of the BZA and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him or her and he or she shall incorporate the terms and conditions of the decision in the permit to the appellant, whenever the BZA authorizes a zoning certificate.

(d) The BZA may, in conformity with the provisions of this section, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as necessary; and to that end, shall have all powers of the Zoning Inspector from whom the appeal is taken.

(e) Failure to comply with the conditions of a decision shall be deemed a violation of this Zoning Code.

(f) Any party adversely affected by a decision of the BZA may appeal the decision to the County Court of Common Pleas.

(C) Appeal review criteria. An order, decision, determination or interpretation shall not be reversed or modified by the BZA unless there is competent, material and substantial evidence in the record that the order, decision, determination or interpretation fails to comply with either the procedural or substantive requirements of this Zoning Code, state law or federal law.

(Prior Code, § 1113.08) (Ord. O-18-20, passed 11-20-2018)

§ 152.058 APPLICATIONS AND PERMITS FOR SMALL CELL FACILITIES AND WIRELESS SUPPORT STRUCTURES WITHIN THE RIGHT-OF-WAY.

The applicable application process for working on small cell facilities within the public right-of-way is set forth in § 152.175.

(Prior Code, § 1113.09) (Ord. O-18-20, passed 11-20-2018)

§ 152.059 PROFESSIONALS FEES AND COSTS; ACCOUNT ESTABLISHED; DEPOSIT BY APPLICANT REQUIRED.

(A) Reimbursement. All persons submitting an application, license or other request to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission and/or the Board of Zoning Appeals shall be required to reimburse the village for any professional fees and related costs associated with the village’s review, analysis, inspection and other activity related to such request.

(B) Account. The Fiscal Officer shall, subject to the approval of the Mayor and a majority vote of Council, establish a professional fees, costs and review account for the village. The funds placed in this review account are subject to the deposit and fee schedules described in division (C) and (D) below.

(C) Mandatory deposit with application. A professional fees and costs deposit shall accompany each application, license or request submitted to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission and/or the Board of Zoning Appeals. No such application shall be deemed submitted until the deposit is made. The foregoing submission determination based upon the filing of a deposit may be waived in the discretion of the Village Engineer. The deposit shall be placed in a professional fees, costs and review account, which shall be maintained for each separate application, license or request. The initial deposit shall be received before the village will incur any professional fee or cost associated with the village’s review, analysis, inspection and other activity related to an applicant’s request. The specific amount for an initial deposit shall be established in a schedule created by the Mayor and approved by the Village Engineer and a majority vote of Council. The Mayor may, on a case by case basis, assess an applicant an additional deposit based upon anticipated future professional fees and costs. At all times during the pendency of an application, license or request where professional fees and/or costs for the village are required, such fees and costs shall be charged against the professional fees and cost deposit on a monthly and/or as needed basis and a positive balance shall be maintained in an applicant’s professional review account. The village shall give notice to an applicant once the balance in the applicant’s professional review account reaches a $500 or lower balance if an additional deposit will be required. Should the fees as set forth in division (D) below consume the entire initial professional fees and costs deposit, all reviews, consideration, deliberation and analysis of the subject application, license or request by the village shall be suspended and no further construction, work and/or further use shall be done by the applicant or its agents until a supplemental deposit is assessed and deposited. The balance of the deposit funds on hand, after fees are assessed to said applicant, shall be returned to the applicant within 90 days of the final conclusion of the project and any potential legal matter pertaining to the request, application or license.

(D) No construction, grading or other work until deposit made. The commencement, undertaking and/or completion of any construction, grading, soil preparation or other activity conducted by an applicant related to a project that requires a deposit under this code of ordinances is strictly prohibited until an initial and/or supplemental deposit has been made. Any such work completed without the submission of an initial and/or supplemental deposit shall be subject to removal and/or demolition by the village at the applicant’s costs.

(E) No final approvals permitted until deposits all made. No approvals shall be granted for any application, license or other request submitted to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission and/or the Board of Zoning Appeals unless and until the required initial and/or supplemental deposit have been made.

(F) Fee schedule. The Mayor shall create a fee schedule for various tasks associated with the professional review, inspection or other conduct required in association with any application, request or license submitted to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission and/or the Board of Zoning Appeals. The fee schedule shall be created by the Mayor with the approval of the Village Engineer and a majority vote of Council. The fees shall be charged against the professional fees and cost deposit on a monthly and/or as needed basis. The fees set forth in the schedule shall not conflict with any other fee established by the code of ordinances.

(Ord. O-24-02, passed 5-21-2024)