Coshocton City Zoning Code
TITLE ONE
Zoning Administration
CHAPTER 1109 Board of Zoning Appeals (Rescinded)
CHAPTER 1111 Amendments (Rescinded)
1101.01 PURPOSE.
This Zoning Code is enacted for the purpose of promoting public health, safety, morals, comfort, and general welfare; to conserve and protect property and property values; to secure the most appropriate use of land, and to facilitate adequate and economical provisions for public improvements, all in accordance with a comprehensive plan for the desirable future development of the City, and to provide a method of administration and to prescribe penalties for the violations of provisions hereafter described.
(Ord. 4-62. Passed 3-12-62.)
1101.02 INTERPRETATION OF STANDARDS.
In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements. Wherever this Zoning Code imposes a greater restriction than is imposed or required by other provisions of law or by other rules, regulations, or ordinances, the provisions of this Zoning Code shall govern.
(Ord. 4-62. Passed 3-12-62.)
1103.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE or ACCESSORY STRUCTURE. A use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing produce. However, the operation of any such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
ALLEY or LANE. A public or private way not more than 20 feet wide affording only secondary means of access to abutting property.
APARTMENT. A suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single house-keeping unit.
APARTMENT, EFFICIENCY. A dwelling unit in a multi-family building consisting of not more than one habitable room, together with a kitchen or kitchenette and sanitary facilities.
APARTMENT HOTEL. An apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
APARTMENT HOUSE. See MULTI-FAMILY DWELLING.
AUTOMOBILE REPAIR.
A. MAJOR AUTOMOBILE REPAIR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision services, including body, frame, or fender straightening or repair; overall painting or paint shop, and vehicle steam cleaning.
B. MINOR AUTOMOBILE REPAIR. Incidental body or fender work other minor repairs, painting, and upholstering, and replacement of parts and motor service to passenger cars and trucks not exceeding 1-1/2 tons in capacity, but not including any operation named in paragraph A. above, or any other operation similar thereto.
AUTOMOBILE SALES AREA or TRAILER SALES AREA. An open area, other than a street, used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE SERVICE STATION or FILLING STATION. A place where gasoline or other motor fuel lubricants, tires, batteries, accessories, and supplies for operating and equipping motor vehicles are sold at retail to the public and deliveries are made directly into or onto motor vehicles, including greasing and oiling, and, if within an enclosed building, incidental battery, brake, muffler, and tire service.
BASEMENT. A story whose floor is more than 12 inches but not more than half of its story height below the average level of the adjoining ground (as distinguished from a cellar, which is a story more than one-half below such level). A BASEMENT, when used as a dwelling, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination.
BEGINNING OF CONSTRUCTION. The incorporation of labor and material within the walls of the building.
BILLBOARD or SIGNBOARD. Any structure or portion thereof, situated on private premises, on which lettered, figured, or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of the premises or the nature of the business conducted thereon, or the products primarily sold or manufactured thereon, or any such structure or portion thereof the area of which, devoted to advertising purposes, exceeds 100 square feet. A BILLBOARD or SIGNBOARD shall not be held to include any board, sign, or surface used to display any official notices issued by any court or public office, or posted by a public officer in the performance of a public duty, or bulletin boards used to display announcements of meetings to be held on premises wherein such bulletin boards are located, nor shall it be held to include a real estate sign advertising for sale or rent the property on which it stands.
BOARD. The Board of Zoning Appeals of the City.
BOARDINGHOUSE or LODGING HOUSE. A dwelling or part thereof where meals or lodging is provided for compensation for five or more persons who are not transients.
BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided in this chapter.
BUILDING, HEIGHT OF. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.
CELLAR. A story the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A CELLAR shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.
CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, infirm, and injured persons. However, such persons are not provided with board or room nor kept overnight on the premises.
CLUB. A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
DISTRICT. A portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter:
A. R DISTRICT. Any R-1, R-2, or R-3 District;
B. B DISTRICT. Any B-1, B-2, or B-3 District, and;
C. M DISTRICT. Any M-1 or M-2 District.
DWELLING.
A. DWELLING. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or trailer coach, or boarding or rooming house.
DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
DWELLING: ONE, TWO, AND MULTI-FAMILY.
A. MULTI-FAMILY DWELLING. A building or portion thereof designed for or used by three or more families or housekeeping units.
B. ONE-FAMILY DWELLING. A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
C. TWO FAMILY DWELLING. A building designed for or used exclusively by two families or housekeeping units.
DWELLING UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety, or general welfare, but not including buildings.
FAMILY. A person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding house; lodging house, motel or hotel, fraternity or sorority house, or group home.
HOTEL. Any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing 15 or more guest rooms or suites where no provision for cooking is made in any individual guest room or suite, except hospitals and jails.
JUNKYARD. A place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.
KENNEL. Any structure or premises on which five or more dogs over four months of age are kept.
LAND USE PLAN. The long-range Plan for the desirable use of land in the City, as officially adopted and as amended from time to time by the Planning Commission. The purpose of such Plan is among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of undeveloped land and in the acquisition of rights-of-way or sites for public purposes such as streets, parks, schools, and public buildings.
LOADING SPACE. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on a street, alley, or other appropriate means of access.
LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having frontage on a public street.
A. CORNER LOT. A lot abutting on two or more streets at their intersection or on two parts the same street, such streets, or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the corner.
B. FRONT LOT LINE. The line separating the lot from a street.
C. INTERIOR LOT. A lot other than a corner lot.
D. LOT AREA. The computed area contained within the lot lines.
E. LOT DEPTH. The mean horizontal distance between the front and the rear lot lines.
F. LOT LINES. The property lines bounding the lot.
G. LOT WIDTH. The mean width of the lot measured at right angles to its depth.
H. REAR LOT LINE. The lot the opposite and most distant from the front lot line.
I. SIDE LOT LINE. Any lot line other than a front or rear lot line. A SIDE LOT LINE separating a lot from a street is called a side street lot line. A SIDE LOT LINE separating a lot from another lot or lots is called an interior side lot line.
J. STREET LOT LINE or ALLEY LOT LINE. A lot line separating the lot from a street or alley.
K. THROUGH LOT. A lot having frontage on two parallel or approximately parallel streets.
MAJOR STREET PLAN. The official Major Street Plan of and as adopted by the Planning Commission, establishing the location and official right-of-way widths of principal highways and streets in the City, on file in the office of the Clerk of Council and the Planning Commission, together with all amendments thereto subsequently adopted.
MOBILE HOME, manufactured home and modular home shall all be defined as set forth in the Ohio Revised Code. (Ord. 26-13. Passed 5-13-13.)
MOTEL or MOTOR HOTEL. A series of attached, semi-attached, or detached sleeping or living units, for the accommodation of automobile transient guests and not customarily including individual cooking or kitchen facilities, such units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.
NONCONFORMING USE. A building, structure, or premises legally existing or used at the time of adoption of this Zoning Code, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Any such building, structure, or premises conforming in respect to use but not in respect to height, area or yards, or distance requirements from more restricted districts or uses shall not be considered a nonconforming use.
PARKING AREA.
A. PRIVATE PARKING AREA. An open area for the same uses as a private garage.
B. PUBLIC PARKING AREA. An open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free, or as an accommodation for clients or customers.
PARKING SPACE. A permanently surfaced area of not less than 160 square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
PRIVATE GARAGE. A detached accessory building or a portion of the principal building used only for the storage of self-propelled passenger vehicles or trailers by the families residing on the premises.
SIGN, AREA OF. The total exterior surface, computed in square feet, of a sign having but one exposed exterior surface, or one-half the total of the exposed exterior surface, computed in square feet, of a sign having more than one such surface.
STANDARD PERFORMANCE. A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
A. FIRST STORY. The lowest story or the ground story of any building the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building, except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the FIRST STORY.
B. HALF-STORY. A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story. However, any partial story used for residence purposes, other than for a janitor or caretaker and his family, shall be deemed a full story.
C. MEZZANINE STORY. A story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third of the area of the story directly underneath such mezzanine story.
STREET. A public right-of-way 50 feet or more in width which provides a public means of access to abutting property, or any such right-of-way more than 20 feet and less than 50 feet in width, provided it existed prior to the enactment of this chapter. STREET includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
STRUCTURAL ALTERATIONS. Any change in the structural members of a building such as walls, columns, beams, or girders.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
THOROUGHFARE.
PRIMARY THOROUGHFARE or SECONDARY THOROUGHFARE. An officially designated federal or state numbered highway or county or other road or street designated as a primary thoroughfare on the Major Street Plan of the City, or a county or other road or street designated as a secondary thoroughfare on such Plan, respectively.
TOURIST HOME. A building or part thereof, other than a hotel, boarding house, lodging house, or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.
TRAILER, AUTOMOBILE TRAILER and TRAILER COACH. Any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping and eating quarters or the conduct of any business, trade, or occupation, or use as a selling or advertising device, or use for storage or conveyance for tools, equipment, or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, customarily propelled by motor power other than its own.
TRAILER PARK. Any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more trailers. See TRAILER.
USE. The purpose of which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
USE FIRST PERMITTED IN X DISTRICT. A use which in the sequence of successively less restricted districts occurs as a permitted use for the first time in the X District.
YARD. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
A. FRONT YARD. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
B. MEASUREMENT OF FRONT YARD. Front yard depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line). However, if the proposed location of the right-of-way line of such street, as established on the Major Street Plan, differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as designated on the Major Street Plan.
C. MEASUREMENT OF SIDE YARD LEAST WIDTH. Side yard width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street. However, if the proposed location of the right-of-way line of such street, as established on the Major Street Plan, differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street as designated on the Major Street Plan.
D. REAR YARD. A yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot.
E. SIDE YARD. A yard extending the full depth of the lot, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
ZONING CERTIFICATE. A document issued by the Zoning Inspector authorizing buildings, structures, or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.
ZONING INSPECTOR. The Zoning or Building Inspector of the City, or his authorized representative.
ZONING MAP. The zoning map of the City, dated June 18, 1964, together with all amendments subsequently adopted.
(Ord. 28-17. Passed 10-12-17.)
1105.01 ZONING INSPECTOR.
There is established the office of Zoning Inspector. It shall be the duty of such person designated as the Zoning Inspector to enforce this Zoning Code in accordance with the administrative provisions of this Zoning Code. All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Zoning Code and shall issue no permit or license for any use, building, or purpose in conflict with the provisions of this Zoning Code. Any permit or license issued in conflict with the provisions of this Zoning Code shall be null and void.
(Ord. 4-62. Passed 3-12-62.)
1105.02 ZONING CERTIFICATE APPLICATION PLANS.
(a) Every application for a zoning certificate shall be accompanied by plans in duplicate, drawn to scale in black line or blue print, showing the actual shape and dimensions of the lot to be built on or to be changed in its use, in whole or in part; the exact location, size, and height of any building or structure to be erected or altered; the existing and intended use of each building or structure, or part thereof; the number of families or housekeeping units the building is designed to accommodate; when no buildings are involved, the location of the present use and proposed use to be made of the lot, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.
(b) One copy of such plans shall be returned to the owner when such plans shall have been approved by the Zoning Inspector, together with such zoning certificates as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built on shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.
(Ord. 4-62. Passed 3-12-62.)
1105.03 WATER AND SANITARY FACILITIES.
In every case where the lot is not provided and is not proposed to be provided with a public water supply or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a certificate of approval by the Health Officer of the proposed method of water supply or disposal of sanitary wastes.
(Ord. 4-62. Passed 3-12-62.)
1105.04 ZONING CERTIFICATE REQUIRED.
(a) No owner shall use or permit the use of any structure, building, or land, or part thereof, hereafter created, erected, changed, converted, or enlarged, wholly or partly, until a zoning certificate shall have been issued by the Zoning Inspector. Such zoning certificate shall show that such building or premises, or part thereof, and the proposed use thereof, are in conformity with the provisions of this chapter.
(b) It shall be the duty of the Zoning Inspector to issue a zoning certificate, provided he is satisfied that the structure, building, or premises, and the proposed use thereof, and the proposed methods of water supply and disposal of sanitary wastes, conform with all the requirements of this chapter.
(Ord. 4-62. Passed 3-12-62.)
1105.05 EXCAVATION PERMIT.
No permit for excavation or construction shall be issued by the Zoning Inspector unless the plans, specifications, and the intended use conform to the provisions of this chapter.
(Ord. 4-62. Passed 3-12-62.)
1105.06 ZONING CERTIFICATE ISSUANCE; REFUSAL; 30 DAY LIMITATION.
The Zoning Inspector shall act on all such applications on which he is authorized to act by the provisions of this chapter within 30 days after they are filed in full compliance with all the applicable requirements. He shall either issue a zoning certificate within such 30 days or shall notify the applicant in writing of his refusal of such certificate and the reasons therefor. Failure to notify the applicant in case of such refusal within 30 days shall entitle the applicant to a zoning certificate, unless the applicant consents to an extension of time.
(Ord. 4-62. Passed 3-12-62.)
1105.07 FEES.
(a) No fee shall be charged for an original zoning certificate applied for with the application for a building permit, where such permit is required and issued under the Building Code.
(b) For all other zoning certificates, there shall be a fee, and the charge therefor shall be five dollars ($5.00) per certificate.
(Ord. 4-62. Passed 3-12-62.)
1105.08 VIOLATIONS; REMEDIES.
In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used, or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, Council, the Law Director, Zoning Inspector, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate actions or proceedings to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use. (Ord. 4-62. Passed 3-12-62.)
1105.99 PENALTY.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any of the provisions of this Zoning Code, or any amendment or supplement thereto adopted by Council. Any person, firm, or corporation violating any of the provisions of this Zoning Code, or any amendment or supplement thereto, shall be fined not more than one hundred dollars ($100.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate offense. (Ord. 4-62. Passed 3-12-62.)
1107.01 ESTABLISHMENT.
There is established a City Planning and Zoning Commission and adding Board of Zoning Appeals duties to the Planning and Zoning Commission.
(Ord. 9-21. Passed 4-12-21.)
1107.02 COMPOSITION; COMPENSATION; APPOINTMENT; TERM.
The City Planning and Zoning Commission shall consist of five members: The Mayor, the
Director of Public Safety and Service, and three citizens of the City. Such members shall serve without compensation. These terms shall be as per the Ohio Revised Code 713.01.
(Ord. 9-21. Passed 4-12-21.)
1107.03 POWERS AND DUTIES.
The powers and duties of the City Planning and Zoning Commission shall be as provided in Ohio R.C. 713.01 through 713.10, but such Commission shall incur no obligations and make no expenditures without specific authorization and prior appropriation of funds by Council.
(Ord. 9-21. Passed 4-12-21.)
1107.04 INITIATION BY COUNCIL OR PLANNING AND ZONING COMMISSION.
Whenever the public necessity, convenience, general welfare, or good zoning practice require, Council may by ordinance, after recommendation thereon by the Planning and Zoning Commission and subject to the procedure provided in this chapter, amend, supplement, or change the regulations, district boundaries, or classifications of property now or hereafter established by this chapter, or amendments hereof. It shall be the duty of the Planning and Zoning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification, or change may be initiated by the Planning and Zoning Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this chapter.
(Ord. 9-21. Passed 4-12-21.)
1107.05 APPLICATIONS.
Applications for any change of district boundaries or classifications of property as shown on the Zoning Map shall be submitted to the Planning and Zoning Commission, at its public office, on such form and accompanied by such data and information as may be prescribed for that purpose by the Planning and Zoning Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Planning and Zoning Commission itself shall be accompanied by its own motion pertaining to such proposed amendment.
(Ord. 9-21. Passed 4-12-21.)
1107.06 PLANNING AND ZONING COMMISSION HEARING; NOTICE.
Before submitting its recommendations on a proposed amendment or reclassification to Council, the Planning and Zoning Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the city at least fourteen (14) days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to this chapter, including text and maps, may be examined.
(Ord. 9-21. Passed 4-12-21.)
1107.07 RECOMMENDATION TO COUNCIL.
Following such hearing the Planning and Zoning Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. These recommendations shall then be certified to Council.
(Ord. 9-21. Passed 4-12-21.)
1107.08 COUNCIL HEARING; NOTICE.
After receiving from the Planning and Zoning Commission the certification of the recommendations on the proposed amendment and before adoption of such amendment, Council shall hold a public hearing thereon, at least thirty (30) day notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the City.
(Ord. 9-21. Passed 4-12-21.)
1107.09 FINAL ACTION.
(a) Following the hearing provided in Section 1111.06 and after reviewing the recommendations of the Planning and Zoning Commission thereon, no such ordinance, measure, or regulation which violates, differs from, or departs from the plan or report submitted by the Commission, Board, or officer shall take effect unless passed or approved by not less than the three-fourths (3/4) of the membership of the legislative authority.
(b) No ordinance, measure, or regulation which is in accordance with the recommendations, plan, or report submitted by the Commission, Board, or officer shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to the legislative authority. (Ord. 9-21. Passed 4-12-21.)
1107.10 FEES.
Each application for a zoning amendment, except those initiated by the Planning and Zoning Commission, shall be accompanied by a check, payable to the City Treasurer, or a cash payment in the amount of one hundred dollars ($100.00). The remaining fees for the cost of publishing or posting and mailing the notices of the hearing or hearings must be paid prior to the hearing. At the hearing, any party may appear in person or by attorney.
(Ord. 9-21. Passed 4-12-21.)