East Liverpool City Zoning Code

TITLE ONE

Administration and Enforcement

1101.01 PURPOSE.

For the purpose of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property, facilitating the provisions of water, sewerage, schools and other public requirements and lessening or avoiding congestion on public streets and highways, this Zoning Ordinance is hereby provided as follows.

1101.02 TITLE.

This Zoning Ordinance shall be known and cited as the Zoning Ordinance of 1967.

1101.03 INTERPRETATION AND CONFLICT.

In interpreting and applying the provisions of this Zoning Ordinance, they shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Zoning Ordinance to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued and not in conflict with any of the provisions of this Zoning Ordinance, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Zoning Ordinance; nor is it intended by this Zoning Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Zoning Ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such other ordinances or agreements, the provisions of this Zoning Ordinance shall control.

1101.04 COMPLIANCE WITH REGULATIONS.

(a) No building or structure shall be located, erected, constructed, reconstructed, enlarged or structurally altered except in conformity with the area, height and yard regulations of the district in which such building or structure is located.

(b) No building, structure or lot shall be used for any purpose other than that which is permitted in the district in which such building, structure or lot is located.

(c) No yard or other open space existing about any building or structure shall be so reduced in area or dimension as to make it less than the minimum required by this Zoning Ordinance.

(d) No lot held under one ownership at the time of the effective date of this Zoning Ordinance (Ordinance 14, 1967, passed May 22, 1967) shall be reduced or subdivided in any manner below the minimum area and yard provision required by this Zoning Ordinance.

1101.05 VALIDITY.

If any sentence, clause, section or part of this Zoning Ordinance is found to be unconstitutional, illegal or invalid, such clause, sentence, section or part of this Zoning Ordinance shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this Zoning Ordinance. It is hereby declared to be the intention of the City of East Liverpool that this Zoning Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

1103.01 DEFINITIONS GENERALLY.

For the purpose of this Zoning Ordinance certain terms and words are defined as follows: Words used in the present tense include the future, and the plural includes the singular, and the singular the plural. The word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied". Except where specifically defined, all words in this Zoning Ordinance shall carry their customary meanings.

1103.02 ACCESSORY USE OR STRUCTURE.

"Accessory use or structure" means a use or structure (such as a garage) incidental to the main use of the land or building. In buildings restricted to residence use the office of a professional man, approved home occupations, and workshops not conducted for compensation shall be deemed accessory uses. In commercial, institutional and industrial areas, parking lots are accessory uses.

1103.03 AGRICULTURE.

"Agriculture" means and includes farming, dairying, pasturage, horticulture, viticulture, animal and poultry husbandry and limited processing and sale of agricultural products from land under same ownership.

1103.04 AUTOMOTIVE MAINTENANCE, REPAIR AND SALES.

(a) "Automotive maintenance" means the lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement, body and fender repairs or spray painting.

(b) "Automotive repair" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

1103.05 BILLBOARD OR SIGNBOARD.

"Billboard" or "signboard" means any sign situated on private premises with an area greater than 100 square feet on which the written or pictorial information is not directly related to the principal use of the land on which such sign is located.

1103.06 BOARD.

"Board" means the Board of Zoning Appeals of East Liverpool, Ohio.

1103.07 BOARDING HOUSE.

"Boarding house" means a building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three or more persons but not exceeding six persons.

1103.08 BUILDING.

"Building" means any structure other than a boundary wall or fence.

1103.09 BUILDING, FRONT LINE OF.

"Front line of building" means the line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps.

1103.10 BUILDING, HEIGHT OF.

"Height of building" means the vertical distance from the average grade level along the front building line to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

1103.11 BUILDING, PRINCIPAL.

"Principal building" means a building in which is conducted the main or principal use of the lot on which such building is situated.

1103.12 BUSINESSES.

(a) "Central business" means and includes comparison and convenience shopping; personal, professional, business and financial services; public and semipublic uses and other activities of a comparable nature which contribute to the economics and design of a compact commercial area as determined by the Board.

(b) "Community shopping center" means and includes retail outlets and service enterprises which lend themselves to the design and economics of a unified shopping center ten to forty acres in size.

(c) "Highway and general business" means and includes commercial uses requiring locations on major thoroughfares. Highway uses include motels, gas stations and restaurants. General and service businesses include auto and farm implement sales and services, building trades and services, commercial recreation and other commercial uses which do not lend themselves to a unified commercial center layout.

(d) "Institution and office" areas mean and include institutions of a charitable, philanthropic or religious nature; insurance and other regional offices; medical centers and other comparable uses as determined by the Board. These uses require spacious sites and are not large generators of traffic.

(e) "Neighborhood retail business" means retail establishments which cater to and can be located in close proximity to residential districts without creating undue vehicular congestion, excessive noise or other objectionable influence. To prevent congestion, local retail uses include only those enterprises which normally employ less than ten persons. Permitted uses include drugstores, beauty salons, barber shops, plus hardware stores and groceries of less than 10,000 feet of floor area. Other small businesses of an equally restricted and local nature may be permitted based on the discretion of the Board.

1103.13 BUSINESS SERVICES.

"Business services" means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or business.

1103.14 CELLAR.

"Cellar" means a story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered a story for purposes of height measurement, or in determining the permissible number of stories or in computing floor area.

1103.15 CLINIC.

"Clinic" means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.

1103.16 CLUB.

"Club" means a building, or portion thereof, or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

1103.17 COMMISSION.

"Commission" means the East Liverpool City Planning Commission.

1103.18 COMMERCIAL ENTERTAINMENT FACILITIES.

"Commercial entertainment facilities" means any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, night clubs and similar entertainment activities.

1103.19 COMMUNITY DEVELOPMENT PROJECT.

"Community development project" means any proposed development of land for industrial, commercial or residential purposes, or a combination of these uses, provided they are functionally integrated, and the project is unique in design in order to attain an improved character of development that conforms to the purpose and intent of this Zoning Ordinance.

1103.20 COUNCIL.

"Council" means the City Council of East Liverpool, Ohio.

1103.21 DISTRICT AND ZONING DISTRICTS.

"Districts" and "zoning districts" means administrative tracts designating the uses for which land can legally be utilized. Boundaries of the districts are shown on the Zoning District Map which is part of this Zoning Ordinance.

1103.22 DRIVE-IN COMMERCIAL USES.

"Drive-in commercial uses" means any retail commercial use catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.

1103.23 DWELLINGS.

(a) "Dwelling" means any building or portion thereof which is designated for or used for residential purposes.

(b) "Single-family dwelling" means a building designed for or occupied exclusively by one family.

(d) "Multiple dwelling" means a building used or designed as a residence for there or more families living independently of each other and doing their own cooking therein, including apartment houses, garden apartments and row houses.

1103.24 ESSENTIAL SERVICES.

"Essential services" means 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, 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.

1103.25 FAMILY.

"Family" means one or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house or hotel, as herein defined.

1103.26 FOOD PROCESSING.

"Food processing" means the preparation or processing of food products. Examples of activities included are bakeries and dairies.

1103.27 FORESTRY.

"Forestry" means the growing and care of trees for commercial purposes, including the cutting down and processing of timber for lumber.

1103.28 FRONTAGE.

"Frontage" means all property on one side of a street between two intersecting streets (crossing or terminating), measured at the setback building line or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

1103.29 GARAGES, PRIVATE AND PUBLIC.

"Private garage" means an accessory building designed or used for the storage of motor- driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of more than two-ton capacity.

"Public parking garage" means a building or portion thereof, other than a private garage, designed or used for storing motor-driven vehicles, and automotive maintenance.

1103.30 GAS STATION OR SERVICE STATION.

"Gas station" or "service station" means any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, and automotive maintenance.

1103.31 HIGHWAY, MAJOR.

"Major highway" means a street or road of considerable continuity and used primarily as a traffic artery for intercommunication between heavy traffic generators.

1103.32 HOME OCCUPATION.

"Home occupation" means an accessory use of a service character conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small sign. The office of a physician, surgeon, dentist or other professional person, including an instructor in individual musical instruments limited to a single pupil at a time, who offers skilled services to clients, and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be home occupations. Beauty parlors, barber shops, dancing instruction, band instrument instruction in groups, tourist homes, real estate offices, insurance offices, convalescent homes, mortuary establishments, and stores, trades or business of any kind not herein excepted shall not be deemed to be home occupations. Borderline cases shall be ruled on by the Board.

1103.33 HOTEL.

"Hotel" means a building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house or a lodging house which are herein separately defined.

1103.34 INSTITUTION.

"Institution" means buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public use.

1103.35 JUNK STORAGE AND SALES (SALVAGE OPERATION).

"Junk storage and sales" (salvage operation) means any lot, land or structure, or part thereof, used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in operating condition, and for the sale of parts thereof.

1103.36 LAND USE PLAN.

"Land use plan" means the long-range plan for the desirable use of land in area as adopted by the City Planning Commission; the purpose of such Plan being, among other purposes, to serve as a guide in future development and zoning for the community.

1103.37 LOADING SPACE.

"Loading space" means a space within the main building, or on the same lot therewith, providing for the standing, loading or unloading of trucks.

1103.38 LODGING HOUSE.

"Lodging house" means a building other than a hotel where lodging for two or more persons is provided for compensation pursuant to previous arrangement and not to anyone who may apply.

1103.39 LOTS.

(a) "Lot" means a parcel of land occupied or intended for occupancy by a use permitted in this Zoning Ordinance, including one main building together with accessory buildings, the open spaces and parking spaces required by this Zoning Ordinance, and having its principal frontage upon a street or upon an officially approved place. A lot may or may not be the land shown on a duly recorded plat.

(b) "Lot coverage" means the ratio of enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed as a percentage.

(c) "Lot of record" means any lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of the County.

(d) "Minimum area of lot" means the area of a lot computed exclusive of any portion of the right of way of any public thoroughfare.

(e) "Lot width" means the width of a lot at the building setback line measured at right angles to its depth. The lot width of lots on curved streets shall be the chord distance between points of intersection of the side lot lines with the curve describing the required depth of front yard.

1103.40 MANUFACTURING.

(a) "General manufacturing" means any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are not objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water-carried waste. Any manufacturing or industrial process shall comply with the performance requirements of Section 1131.03.

(b) "Limited manufacturing" means any manufacturing, industrial production or storage which by the nature of the materials, equipment and process utilized are free of objectionable or hazardous elements. Limited industrial uses shall comply with the performance requirements specified in Section 1131.03 and shall include the industrial uses listed below and any other uses which are determined by the Board to be of the same limited character: building material storage and sales, farm supplies, grain storage and processing, oil and gas well equipment sales and storage, warehousing and wholesale businesses.

(c) "Restricted manufacturing" means any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are to be considerable measure clean, quiet and free of any objectional or hazardous element. Restricted industrial uses shall comply with the performance requirements specified in Section 1131.03 and shall include the industrial uses listed below and any other uses which are determined by the Board to be of the same restricted character: drugs, jewelry, musical instruments, sporting goods, processing and assembly of glass products, small household appliances, electronic products and parts for production of finished equipment; research and testing laboratories, printing, publishing and engraving plants, bakeries or dairies.

1103.41 MINERAL EXTRACTION, STORAGE AND PROCESSING.

"Mineral extraction, storage and processing" means any mining, quarrying or processing of limestone, shale, clay, coal or other mineral resources.

1103.42 MOBILE HOMES, TRAILERS, PARKS AND SUBDIVISIONS.

(a) "Mobile home" means a movable structure originally designed for living quarters requiring permanent connections to gas, electric, sewer and water facilities for use. Such structure shall remain a "mobile home" even if it is placed on a solid foundation.

(b) "Recreational trailer" means any of the following:

(1) "Travel trailer" means a vehicular portable structure built on a chassis, not exceeding a gross weight of 5,000 pounds when factory equipped for the road, nor exceeding thirty-five feet in length, designed to be used as a temporary dwelling for travel, recreational and vacational uses.

(2) "Pickup camper" means a structure designed primarily to be mounted on a pick-up or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel and vacational uses.

(3) "Motorized home" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

(4) "Folding tent trailer" means a canvas, metal or plastic folding structure mounted on wheels and designed for travel and vacational uses.

(5) "Boats" and "boat trailers" includes boats, floats and rafts, plus the normal equipment to transport the same on the highway.

(6) "Utility trailer" means a structure built on a chassis on wheels for the purpose of hauling goods and equipment.

(c) "Construction trailer" means any type of trailer used for purposes of business, materials storage, operations center, headquarters office or other uses pertinent to a construction project.

(d) "Mobile home parks" means an area manifestly designed to accommodate mobile homes in a safe, sanitary and desirable manner as described in Section 1129.02.

(e) "Mobile home subdivision" means a subdivision designed and intended for residential use where residence is in mobile homes exclusively and including a minimum area of five acres, and further being subject to all the requirements or subdivision regulations now in force or hereafter adopted by the City.

(Ord. 45, 1976.)

1103.43 MORE RESTRICTIVE.

"More restrictive" means in reference to a nonconforming use, the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards, etc., or generally increasing compatibility of a nonconforming use to the requirements of the district in which it is located.

1103.44 MOTOR COURT OR MOTEL.

"Motor court or motel" means a building or group of buildings used for the temporary residence of motorists or travelers.

1103.45 NONCONFORMING USE.

"Nonconforming use" means the use of land or a building, or portion thereof, which does not conform with the use regulations of the district in which it is situated. See Chapter 1133.

1103.46 OFF-STREET PARKING SPACE.

"Off-street parking space" means any parking space located wholly off any street, alley or sidewalk, either in an enclosed building or on an open lot.

1103.47 OUTDOOR ADVERTISING SIGN.

(See billboard or signboard, Section 1103.05.)

1103.48 PERSONAL SERVICES.

"Personal services" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shop, beauty parlors and similar activities.

1103.49 PLANNING COMMISSION.

"Planning Commission" means the East Liverpool City Planning Commission.

1103.50 PLANT CULTIVATION.

"Plant cultivation" means the cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside of structures, such as greenhouses.

1103.51 PROFESSIONAL ACTIVITIES.

"Professional activities" means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers.

1103.52 PUBLIC MAINTENANCE AND STORAGE FACILITIES.

"Public maintenance and storage facilities" means public land and buildings devoted solely to the maintenance and storage of highway equipment and materials.

1103.53 PUBLIC SERVICE FACILITIES.

"Public service facilities" means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage disposal services.

1103.54 PUBLIC USE.

"Public use" means public parks, schools and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.

1103.55 RECREATIONAL FACILITIES.

(a) "Noncommercial recreational facilities" means private and semipublic recreational facilities which are not operated for commercial gain, including private country clubs, riding clubs, golf courses and other private noncommercial recreation areas and facilities or recreation centers, including private community swimming pools.

(b) "Commercial recreational facilities" means recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, ice skating rinks, riding stables, race tracks, amusement parks, carnivals and similar commercial enterprises.

(c) "Restricted commercial recreational facilities" means boats, docks and fishing piers, boat launching, maintenance, repair and fueling facilities, ski lodges; concessions for the sale of food, nonalcoholic beverages and boating and fishing supplies and accessories.

1103.56 RESIDENTIAL FLOOR AREA.

"Residential floor area" means the interior floor area of a dwelling, including stairways, halls and closets but not including basements, porches, garages, breezeways or carports.

1103.57 SEASONAL RESIDENCE.

"Seasonal residence" means summer cottages, winter lodges and similar housing occupied less than six months during a year.

1103.58 SEMIPUBLIC USE.

"Semipublic use" means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.

1103.59 SERVICE STATION.

(See gas stations, Section 1103.30.)

1103.60 SEWAGE DISPOSAL SYSTEM, COMBINED AND ON-SITE.

(a) "Combined sewage disposal system" means an approved sewage disposal system which provides for the combined collection and disposal of sewage from a group of residential, commercial or industrial buildings.

(b) "On-site sewage disposal system" means a septic tank installation on an individual lot which utilizes an anerobic bacteriological process for the elimination of solid wastes and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

1103.61 SIGNS.

(a) "Advertising sign" means a sign which directs attention to a business, commodity or service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all.

(b) "Billboard" means any sign situated on private premises with an area greater than 100 square feet on which the written or pictorial information is not directly related to the principal use of the land on which such sign is located.

(c) "Business sign" means a sign which directs attention to a business or profession conducted on the premises. A "for sale" sign or "for rent" sign relating to the property on which it is displayed shall be deemed a "business sign".

1103.62 SOCIAL ACTIVITIES.

"Social activities" means any building and land used for private or semiprivate club activities, including lodges, fraternities and similar activities.

1103.63 LAW DIRECTOR.

"Law Director" or "Solicitor" means the Law Director of East Liverpool, Ohio.

1103.64 SPECIAL EXCEPTION.

"Special exception" means a use which is subject to conditional approval by the Board of Appeals. A conditional use may be granted by the Board of Appeals only when there is a specific provision for such special exceptions made in this Zoning Ordinance. A special exception is not considered to be a nonconforming use.

1103.65 SPECIALIZED ANIMAL RAISING AND CARE.

"Specialized animal raising and care" means the use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets; and the stabling and care of horses, animal kennels, pigeon raising and raising of any other domestic animals or birds of a similar nature.

1103.66 STORY.

"Story" means that portion of a building other than a cellar 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 basement shall be counted as a story if it is used for living quarters or if over one-half of its volume is above the average level of the adjacent ground.

1103.67 STREET LINE OR RIGHT-OF-WAY LINE.

"Street line" or "right-of-way line" means a dividing line between a lot, tract or parcel of land and a contiguous street.

1103.68 STRUCTURE.

"Structure" means anything constructed or erected other than a building, the use of which requires permanent location on the ground, or attached to something having a permanent location on the ground, including, but not limited to, advertising signs, billboards and backstops for tennis courts.

1103.69 STRUCTURAL ALTERATIONS.

"Structural alterations" means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders.

1103.70 TOURIST HOME.

"Tourist home" means a building other than a hotel where lodging is provided and offered to the public for compensation for not more than fifteen individuals and open to transient guests.

1103.71 TRAILER, SMALL UTILITY.

"Small utility trailer" means any trailer drawn by passenger automobile, used for the occasional transport of personal effects.

1103.72 TRAILER.

(See Mobile Homes, Section 1103.42.)

1103.73 VARIANCE.

"Variance" means a relaxation of requirements where such variation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Zoning Ordinance would result in unnecessary and undue hardship.

1103.74 YARDS.

(a) "Yard" means an open space at grade between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

(b) "Front yard" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way and the main building or any projection thereof, other than the projections of the usual uncovered steps, uncovered balconies or uncovered porch.

(c) "Rear yard" means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projections of uncovered steps or unenclosed porches.

(d) "Side yard" means a yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot and the side of the main building or any projections thereto.

1103.75 ZONING CERTIFICATE.

"Zoning certificate" means the document issued by the Zoning Inspector authorizing the use of the land or building.

1103.76 ZONING DISTRICT MAP.

"Zoning district map" means the Zoning District Map or maps of the City, together with all amendments subsequently adopted.

1103.77 ZONING INSPECTOR.

"Zoning Inspector" means the Zoning Inspector or his authorized representative appointed by Council.

1103.78 ZONING ORDINANCE.

"Zoning Ordinance" means Ordinance 14, 1967, passed May 22, 1967, as amended which comprises Titles One and Three of this Part Eleven - Planning and Zoning Code.

1105.01 ZONING INSPECTOR.

(a) There is hereby created the position of Zoning Inspector. He shall receive such salary as Council may from time to time establish.

(Ord. 37, 1967.)

(b) The Zoning Inspector shall be appointed by the Director of the Department of Planning and Development, subject to the approval of Council. It shall be the duty of the Zoning Inspector to enforce this Zoning Ordinance. It shall also be the duty of all officials and employees of the City to assist the Zoning Inspector by reporting to him upon new construction, reconstruction or land uses or upon seeming violations.

(Ord. 21, 1976.)

1105.02 ZONING CERTIFICATES.

(a) (1) It shall be unlawful for an owner to use or to 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. It shall be the duty of the Zoning Inspector to issue a certificate, provided he is satisfied that the structure, building or premise, and the proposed use thereof, conform with all the requirements of this Zoning Ordinance. No permit for excavation, construction or reconstruction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of this Zoning Ordinance. All zoning certificates shall expire two years after their issuance, unless construction has reached twenty-five percent (25%) of completion.

(2) A zoning certificate shall be required for any change in ownership or operatorship of an existing conforming use for each change of ownership or type of operation within the classification under which a previous zoning certificate has been issued. Additionally, a zoning certificate shall be required for all new conforming uses when it is determined by the Zoning Inspector that the proposed use of the premises complies with existing zoning laws. Such zoning certificates mentioned herein shall be referred to as conforming zoning certificates.

(Ord. 60, 1990. Passed 10-15-90.)

(b) Upon written request from the owner or tenant, the Zoning Inspector shall issue a zoning certificate for any building or premises existing at the time of enactment of this Zoning Ordinance certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this Zoning Ordinance. No charge shall be made for issuing a zoning certificate in accordance with this subsection.

1105.03 CERTIFICATE CONDITIONS.

(a) A zoning certificate shall be required for any of the following, except as herein provided:

(1) Construction or structural alteration of any building, including accessory buildings.

(2) Change in use of an existing building or accessory building to a use of a different classification.

(3) Occupancy and use of vacant land.

(4) Change in the use of land to a use of a different classification.

(5) Any change in the use of a nonconforming use.

(b) A zoning certificate shall be required for all lawful nonconforming uses of land or buildings created by adoption of this Zoning Ordinance or any amendments.

1105.04 APPLICATION AND ISSUANCE.

(a) Written application shall be made for a zoning certificate for the construction of a new building or the alteration of an existing building. Such certificate shall be issued within ten days after a written request for the same has been made to the Zoning Inspector or his agent, provided such construction or alteration is in conformity with the provisions of this Zoning Ordinance.

(b) Written application for a zoning certificate for the use of vacant land or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Zoning Inspector. If the proposed use is in conformity with the provisions of this Zoning Ordinance, the certificate therefor shall be issued within fifteen days after the application for same has been made.

(c) Every application for a zoning certificate shall be accompanied by a plot plan in duplicate, and such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made. Where construction or physical improvement of the land is involved, the lot and location of the buildings to be erected thereon shall be staked out on the ground before construction is started, and all dimensions shown on filed plans shall be based on an actual survey.

(1) Each plan shall show:

A. The street providing access to the lot and the exact location of the lot in relation to the nearest cross street.

B. The name of the concerned lot plan, if any, and the lot numbers of the concerned and abutting properties.

C. The actual dimensions of the lot, the yard and other open space dimensions thereof, and the location and size of any existing structure thereon.

D. The location and size of the proposed structure, and/or the proposed enlargement of the existing structure.

E. Any other information which in the judgment of the Zoning Inspector may be necessary to provide for the enforcement of this Zoning Ordinance.

(2) Each plan shall bear statements declaring that no part of the land involved in the application has been previously used to provide required yard space or lot area for another structure.

(3) Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a survey of the lot by a registered engineer or surveyor.

(4) Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.

(5) A file of such application and plans shall be kept in the office of the Zoning Inspector.

(d) The Zoning Inspector shall not issue a zoning certificate for any application requiring site plan review by the Planning Commission, namely:

(1) Mobile home parks (Section 1129.02) and mobile home subdivisions;

(2) Integrated commercial centers (Section 1131.01);

(3) Integrated office, research and restricted industrial centers (Section 1131.02);

(4) For any building other than a dwelling or accessory structure in any "R" District, unless the proposed site plan has been approved by the Planning Commission and any necessary zone changes are passed by Council.

1105.05 FEE.

(a) Fees shall be separately charged for an application for a zoning certificate according to this section.

(1) The application fee for a zoning certificate shall be fifteen dollars ($15.00).

(2) The fee to resubmit an application for a zoning certificate when such resubmission is made necessary by the denial of a zoning certificate for noncompliance shall be fifty percent (50%) of the original application fee.

(3) A fee in accordance with the following schedule of amounts shall be collected for each zoning certificate issued:

Use	Fee
Single family dwelling or mobile home in a a mobile home subdivision	$30.00
Accessory building, signs or fences	15.00
Two-family dwelling	45.00
Multiple dwellings	60.00
Each additional building in excess of two commercial, industrial, institutional or mobile home park	75.00
Each additional building in excess of two	30.00
Conforming zoning certificates	30.00

The fee for the application for a certificate for the use of land, not involving structures including changes in the use of the land shall be fifteen dollars ($15.00).

(4) A fee in the amount of twenty dollars ($20.00) shall be collected for each reinspection made necessary by a finding by the Zoning Inspector of noncompliance.

(Ord. 14, 2004. Passed 3-15-04.)

(b) The Zoning Inspector shall forthwith deposit all fees with the City Auditor, who shall credit such fees to the credit of the General Revenue Fund of the City.

(c) Every zoning certificate shall state that the building or the proposed use of a building or land complies with all provisions of the law. A record of all zoning certificates shall be kept on file in the office of the Zoning Inspector or his agent, and copies shall be furnished upon request to any person having interest in the building or land affected.

1105.06 CERTIFICATES FOR NONCONFORMING USES.

A zoning certificate shall be obtained for any lawful nonconforming uses of land or buildings created by adoption of this Zoning Ordinance. Application for such certificate for a nonconforming use shall be filed with the Zoning Inspector by the owner or lessee of the building or land occupied by such nonconforming use within three months of the effective date of this Zoning Ordinance, (Ordinance 14, 1967, passed May 22, 1967). It shall be the duty of the Zoning Inspector to issue a certificate for a lawful nonconforming use, but failure to apply for such certificate for a nonconforming use or refusal of the Zoning Inspector to issue a certificate for such nonconforming use shall be evidence that such nonconforming use was either illegal or did not lawfully exist at the effective date of this Zoning Ordinance, (Ordinance 14, 1967, passed May 22, 1967). No charge shall be made for issuing a zoning certificate in accordance with this section.

1105.07 REMEDIES FOR VIOLATION.

In case any building is located or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is used or is proposed to be used in violation of this Zoning Ordinance, or any amendment or supplement thereto, the Zoning Inspector, the Law Director 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 action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

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 regulations or any provisions of this Zoning Ordinance, or any amendment or supplement thereto adopted by Council. Any person, firm or corporation violating any such regulation, provision of this Zoning Ordinance or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than fifty dollars ($50.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.

1107.01 ORGANIZATION AND PROCEDURES.

(a) Appointment. There is hereby established a Board of Zoning Appeals which shall consist of five electors appointed by Council. Council, by a majority vote of its members, shall choose a successor to fill any vacancy. The five electors first appointed shall serve for terms of one, two, three, four and five years, respectively; thereafter appointments shall be for five-year terms, beginning January 1. Each member shall serve until his successor is appointed and qualified. Vacancies shall be filled by Council and shall be for the respective unexpired term. The member of the Board of Zoning Appeals may receive such compensation as Council provides.

(b) Hearings, Rules, Etc. The hearings of the Board of Zoning Appeals shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it. The Board shall organize annually and elect a President and Vice President from its members. The Board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance. A secretary of the Board may be appointed by such Board who shall have such duties as correspond to the title. He shall serve at the will of the Board and receive such compensation as Council shall determine.

The Board shall hear any owner of property adjacent to the lot for which the granting of any zoning permit is pending, and shall also hear any other parties having substantial interests as determined by the Board.

(c) Minutes and Records. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Clerk of Council and shall be a public record.

(d) Witnesses, Oaths, Etc. The Board shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under such regulations as it may establish.

(e) Department Assistance. The Board may call upon the various departments of the Municipality for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may be required.

1107.02 APPLICATIONS AND APPEALS.

(a) (1) Appeals and Applications. An appeal, in cases in which the Board has original jurisdiction under the provisions of this Zoning Ordinance, may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, board or bureau. Such appeal shall be filed with the Zoning Inspector who shall transmit same to the Board. A fee of one hundred dollars ($100.00) shall be paid to the Zoning Inspector at the time notice of appeal is filed, which the officer shall forthwith pay over to the City Auditor to the credit of the General Revenue Fund.

(2) The Appellant shall also pay the cost of postage and publication and shall make a deposit of one hundred fifty dollars ($150.00) at the time the Notice of Appeal is filed. Should the cost of postage and publication be less than one hundred fifty dollars ($150.00) then the balance of the deposit will be refunded to the Appellant, should the amount be in excess of the deposit then the Appellant shall pay the additional amount. All sums deposited or paid shall be paid over to the City Auditor to the credit of the General Revenue Fund.

(Ord. 29, 2009. Passed 6-24-09.)

(b) Appeals.

(1) An appeal to the Board may be taken by any person aggrieved or by an officer of the Municipality affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision has been made in writing, entered in the Zoning Inspector's records and a copy of the same sent to the appellant by certified mail to the address appearing on the appeal, by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with it that by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a Court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.

(3) The Board may, in conformity with the provisions of this Zoning Ordinance reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the Zoning Inspector from whom the appeal is taken.

(4) If the appeal or variance is denied by the Board, the appellant's recourse is to proceed to the Court of Common Pleas, according to State statutes. An appeal shall be heard not more than once by the Board.

(Ord. 48, 1977.)

1107.03 HEARINGS.

(a) The Board shall fix a reasonable time for the hearing of any application or appeal, give at least 30 days public notice thereof in a newspaper of general circulation in the City and at least 20 days notice to parties having proprietary interest in land within 200 feet and decide upon the application or appeal within a reasonable time after it is submitted. Each application or notice of appeal shall be accompanied by the fee hereinafter specified. At this hearing, any party may appear in person or by attorney. (Ord. 68, 1996. Passed 12-30-96.)

(b) The hearings of the Board shall be public. However, the Board may go into executive session for discussion but not vote on any case before it.

(c) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in such application or 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 such hearing unless the Board so decides.

1107.04 DECISIONS OF THE BOARD.

(a) The Board shall decide all applications and appeals within thirty days after the final hearing thereon. The Board shall specify the findings upon which its decision rests.

(b) A certified copy of the Board's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

(c) A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board 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.

(d) The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the Zoning Inspector from whom the appeal is taken. Any party adversely affected by a decision of the Board may appeal to the Court of Common Pleas of the County on the ground that the decision was unreasonable or unlawful.

1107.05 POWERS AND DUTIES.

The Board of Zoning Appeals shall have the following powers and it shall be its duty:

(a) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this Zoning Ordinance or any amendment thereto.

(b) In hearing and deciding appeals, the Board shall have the power to grant an exception in the following instances:

(1) Permit the extension of a district up to 200 feet where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this Zoning Ordinance.

(2) Interpret provisions of this Zoning Ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts, accompanying and made a part of this Zoning Ordinance where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

(3) Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of more than sixty percent of its fair market value where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

(4) Waive or reduce the parking and loading requirements in any of the district whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship on the use of the lot, as contrasted with merely granting an advantage or a convenience.

(5) Permit land within 300 feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multiple dwelling.

(6) Determine whether an industry should be permitted within the "M-1" or "M-2" Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.

(7) The substitution of a nonconforming use existing at the time of enactment of this Zoning Ordinance (Ordinance 14, 1967, passed May 22, 1967), for another nonconforming use, if no structural alterations except those required by law or ordinance are made, provided, however, that in an "R" or "B" District, no change shall be authorized by the Board to any use which is not a permitted use or special exception in any "R" or "B" District.

(8) Nonconforming mobile home parks can be expanded by increasing the number of trailers by not more than twenty percent over their number at the date of the passage of this Zoning Ordinance, provided that such expansion meets the minimum requirements of Section 1129.02 .

(9) Temporary Structures and Uses. The temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Ordinance for the district in which it is located, provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a twelve month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

1107.06 VARIANCES.

(a) The Board shall have the power to hear and decide appeals or variances and authorize such variances from the provisions or requirements of this Zoning Ordinance as will not be contrary to the public interest. In authorizing a variance, the Board may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of this Zoning Ordinance. On appeal, where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of this Zoning Ordinance only if all of the following findings are made:

(1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of this Zoning Ordinance in the neighborhood or district in which the property is located.

(2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

(3) That such unnecessary hardship has not been created by the appellant.

(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be determental to the public welfare.

(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

(b) The Board shall have the authority to grant an extension or permit completion of a building devoted to a nonconforming use upon a lot occupied by such building, or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming and where such extension is necessary and incidental to the existing use of such building; provided, however, that the floor areas of such extension shall not exceed in all one hundred percent (100%) of the floor area of the existing building or buildings devoted to a nonconforming use.

1107.07 SPECIAL EXCEPTIONS.

(a) Under the authorization granted in Ohio R.C. Chapter 713, to hear and decide special exceptions to the terms of this Zoning Ordinance, the Board shall have the power to decide applications for special exceptions in those cases specified in Chapter 1123 of this Zoning Ordinance. In considering such application, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and may impose such requirements and conditions as the Board may deem necessary for the protection of adjacent properties and the public interest, including specific limitations as to future expansion.

(b) The following basic standards shall apply to special exceptions in any "S", "A" or "R" District:

(1) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous, inconvenient or conflict with the normal traffic on residential streets, both at the time and as the same may be expected to increase with any prospective increase in the population of the area, taking into account convenient routes of pedestrian traffic particularly of children, relation to main traffic thoroughfares and to street intersections, and the general character and intensity of development of the area.

(2) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

(1) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it shall be such that vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, both at the time and as the same may be expected to increase with increasing development of the Municipality, taking into account vehicular turning movements in relation to routes of traffic flow, relation to street intersections, sight distances, and relations to pedestrian traffic.

1107.08 PERFORMANCE REQUIREMENTS.

(a) The Board shall have the power to authorize issuance of a zoning certificate for uses that are subject to performance requirements as set forth in this Zoning Ordinance.

(b) The application for a zoning certificate for a use subject to performance requirements shall be accompanied by a plan of the proposed construction or development, a description of the proposed machinery, processes and products and specifications for the mechanisms and techniques to be used in meeting the performance requirements.

(c) The Board may refer to the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the performance requirements. The costs of such services shall be borne by the applicant, and a copy of any reports shall be furnished the applicant.

1107.09 INTERPRETATION OF ZONING DISTRICT MAP.

Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning District Map, the Board, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Ordinance. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning District Map may be made to the Board and a determination shall be made by such Board.

1109.01 COUNCIL'S AUTHORITY; COMMISSION'S RECOMMENDATIONS.

Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classification of property, now or hereafter established by this Zoning Ordinance or amendments thereof. It shall be the duty of the Commission to submit to Council its recommendations regarding all applications or proposals for amendments or supplements.

1109.02 PROCEDURE FOR DISTRICT CHANGE.

(a) Applications. Applications for any change of district boundaries or classifications of property as shown on the Zoning Map shall be submitted to the Commission, at its public office, upon such forms and shall be accompanied by such data and information as may be prescribed for that purpose by the 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 Commission shall be accompanied by its motion pertaining to such proposed amendment.

(b) Names and Addresses of Adjacent Property Owners. Any person or persons desiring a change in the zoning classification of property shall file with the application for such change, a statement giving the names and addresses of the owners of all properties lying within 200 feet of any part of the property the zoning classification of which is proposed to be changed.

(c) Public Hearing by Commission. Before submitting its recommendation on a proposed amendment to Council, the Commission shall hold a public hearing thereon, notice of which shall be given by publication in a newspaper of general circulation in the City at least thirty days before the date of the hearing. The notice shall state the place or places and times at which the proposed amendment to the Zoning Ordinance, including text and maps, may be examined.

(d) Notice to Property Owners. In addition to the published notice as hereinbefore specified, the Commission shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements, by mailing a postal card or letter notice not less than twenty days prior to the date of the hearing, to the owners of all properties lying within 200 feet of any part of the property proposed to be changed. The failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide, so far as may be possible, due notice to the persons substantially interested in the proposed change that an application is pending before the Commission, proposing to make a change in the Zoning District Map or the regulations set forth in this Zoning Ordinance.

(e) Action of Commission. The 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 be not granted. These recommendations shall then be certified to Council within thirty days after the hearing.

(f) Public Hearing by Council. After receiving from the Commission the certification of such recommendations on the proposed amendment, and before adoption of such amendment, Council shall hold a public hearing thereon, at least thirty days' notice of the time and place of which shall be given by publication in a newspaper of general circulation in the City once a week for two weeks. The notice shall state the place or places and times at which the proposed amendment to the Zoning Ordinance, including text and maps, may be examined and other notices as required by State statutes or the Planning Commission.

(g) Notice to Property Owners. In addition to the published notice as hereinbefore specified, the Clerk of Council shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements, by mailing a first-class mail notice not less than twenty days prior to the date of hearing to the owners of all properties lying within 200 feet of any part of the property proposed to be changed. The failure to notify as provided in this section shall not invalidate any recommendation adopted hereunder; it being the intention of this section to provide notice to the persons substantially interested in the proposed change that an application is pending before the Commission proposing to make a change in the Zoning District Map or the regulations set forth in this Zoning Ordinance.

(h) Action of Council. After receiving from the Planning Commission certification of the recommendations on the proposed amendment and after holding the above public hearing, Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Zoning Ordinance or the Zoning District Map. No such ordinance, measure or regulation which differs from or departs from the plan or report submitted by the Commission shall take effect unless passed or approved by not less than three-fourths of the membership of the legislative authority.

1109.03 APPLICATION FEES.

(a) (1) At the time that an application for a change of zoning districts is filed with the Commission, as provided herein, there shall be deposited with the City Auditor, the sum of one hundred dollars ($100.00) as a fee to cover investigation, and other expenses incidental to the determination of such matter, such fee to be for one lot or part of one lot. An additional fee of five dollars ($5.00) shall be deposited for each additional lot or part of an additional lot which may be included in the request, such additional lot or part of a lot to be adjacent to each other. Such sums so deposited shall be credited by the City Auditor to the General Fund.

(2) The Applicant shall also pay the cost of postage and publication and shall make a deposit of one hundred fifty dollars ($150.00) at the time of the application. Should the cost of postage and publication be less than one hundred fifty dollars ($150.00) then the balance of the deposit will be refunded to the Applicant, should the amount be in excess of the deposit then the Applicant shall pay the additional amount. All sums deposited or paid shall be paid over to the City Auditor to the credit of the General Revenue Fund.

(b) At the time the recommendation(s) upon an application for a change of zoning districts is certified to Council, as provided herein, there shall be deposited with the City Auditor, an additional sum of two hundred fifty dollars ($250.00) as a fee to cover Council’s expense associated with the investigation, legal notices, expenses incidental to the public hearing by Council, notice to property owners, the publication of notice and publication of the Ordinance, Measure or Regulation that is subsequently approved by Council as provided herein.