The Director of Public Service

         The Chief Building Official

         The Planning Commission

         The Zoning Board of Appeals.

      (1)   Application for and issuance of building permit and of zoning certificate.

      (2)   Periodical inspections as required by the City.

      (3)   Issuance of certificate of occupancy upon completion.

   (a)   Such certification shall be granted only when the following procedures, as applicable, have been completed:

      (1)   A development plan has been approved by the City Engineer and Director of Public Service;

      (2)   The Planning Commission has approved a development plan in accordance with the procedures described in this chapter;

      (3)   A development plan has been approved by the Architectural Board of Review pursuant to Chapter 1305 of the Codified Ordinances.

      (4)   For a conditional use, the Planning Commission has approved and Council has confirmed an application for a conditional use permit in accordance with the procedures described in this chapter;

      (5)   For variations from the Zoning Code, a request for a variance has been approved by the Zoning Board of Appeals in accordance with the limitations, procedures and requirements of this chapter;

      (6)   For uses not specified in the district regulations, the Building Administrator has made a determination in accordance with the procedures described in this chapter that a proposed use is substantially similar to a principal or conditionally permitted use in the zoning district in which such use is located;

      (7)   The Building Administrator finds that the work to be performed complies with all applicable requirements and standards of this Zoning Code.

   (b)   In the event that an application for a building permit requires approval by more than one board or commission, the following order of review should generally be observed.

      (1)   Review by the Board of Zoning Appeals;

      (2)   Review by the Planning Commission;

      (3)   Review by the Architectural Board of Review pursuant to Chapter 1305 of the Codified Ordinances.

      It is the objective of this Zoning Code to process application as expeditiously as possible. Therefore, recognizing the interrelationship of the various review components, the Building Administrator, with the consent of the applicant, may alter the order of review to receive informal or formal approval in a more timely manner. (Ord. 1996-024. Passed 2-12-96.)

      (1)   Electric power lines carrying more than 5,000 volts, water and gas mains not in public highways, railroad tracks and yards in residential districts;

      (2)   Cemeteries, commercial greenhouses, golf courses, homes for the aged, hospitals and sanitariums in all residential districts;

      (3)   Temporary shelters in all residential districts;

      (4)   Certain industrial uses generally prohibited may be permitted as accessory uses in General Industrial Districts;

      (5)   Quarrying and excavating operations for natural resources in various districts;

      (6)   Motor freight terminals in Limited Industrial Districts; and

      (7)   Other lawful uses not specifically listed as permitted buildings and/or uses in the following Zoning District, B-1, B-2, B-3, B-4, M-1, M-2, and M-3, and that may not be included in the general land use categories under this Zoning Code where such uses meet the requirements contained in the definition in subsection (a) hereof.

   (f)   Upon receipt of the recommendation from the Commission Council shall determine whether or not the conditional use permit is to be issued. In the event that Council determines to issue a conditional use permit, it is to do so by appropriate legislation containing the conditions upon which the permit is to be issued.

   The legislation providing for the issuance of the conditional use permit shall contain therein a time period of one year for which the permit is to be issued. At any time prior to the expiration of the conditional use permit herein provided for, the permit holder shall make application for a renewal of the permit for a three year period; each renewal thereafter shall be for a three year period. Council, by motion duly made and adopted, may provide for the issuance of the renewal of the conditional use permit and at the time of consideration on the motion may provide for such additional conditions as may be required.

(Ord. 2011-015. Passed 2-22-11.)

      (1)   The proposed use would be properly located in relation to the adopted land use and Master Thoroughfare Plan, particularly in proper relation to the secondary and local streets;

      (2)   The proposed use is necessary to serve the surrounding residential areas, which areas cannot be satisfactorily served if the same use is located in a nearby less restrictive district where it may be permitted by right;

      (3)   The proposed use would generate only a minimum of additional traffic within the residential neighborhood if located along a local street;

      (4)   The location, design and operation of such use would not discourage or interfere with the appropriate development or impair the value of the surrounding residential district; and

      (5)   The proposed developments conform in all respects to all yard area, setback, off-street parking and other applicable requirements as set forth in the Zoning Code.

         A.   Access shall be available only from principal or collector streets.

         B.   Pedestrian access ways serving adjacent neighborhoods shall be constructed so as to provide a year-round dustless surface.

         C.   Pedestrian access rights-of-way shall be a minimum of twenty feet in width where the density of population is six families per acre or more, that seven feet of this width shall contain the pavement, while the remainder shall be planted and landscaped with evergreen planting. The right-of-way shall also be fenced with cyclone fencing, then landscaped.

         D.   The use, when located adjacent to a residential development, shall not have outdoor music, or like activities creating noise which can be heard beyond the immediate confines of the area on which the use is to be located.

         E.   The principal facility shall not be located closer than 100 feet to the boundary of any residential lot.

         F.   All structures intended to be used for year-round use shall be above recorded flood stages.

         G.   Where the area abuts a residential property, no lighting may be located within 300 feet of the property and all lighting permitted shall be directed to the location of principal activity, in a manner that will not create any glare or reflection which shines directly on a residential property.

         A.   A demonstrated need is present for the installation of such a facility.

         B.   A private drive with a year-round surface shall be provided to the facility if it does not have frontage on a public street.

         C.   That all structures be made to harmonize with surrounding development.

         A.   The Commission and Council shall review the request in view of the provisions of Chapter 1157.

         A.   The proposed area shall be not less than fifty acres.

         B.   If the area of the cemetery abuts developed residential areas, there shall be public water available to this residential area before any burial may take place.

         C.   Ingress and egress be provided to principal arteries only.

         D.   In urban areas with a density of four or more families per acre, areas being considered for a conditional use as a cemetery must be adjacent to an existing cemetery and must constitute an extension of the already existing cemetery.

         A.   Tourist homes shall be converted dwellings only, no new principal structures shall be erected for that purpose.

         B.   They shall be located on State or Federal marked routes.

         C.   They shall not have ingress or egress to residential streets.

         A.   They shall be located on major arteries or principal streets.

         B.   No ingress or egress be permitted into residential areas.

         C.   All machinery involved shall be powered by electric motors only.

         D.   The horsepower rating of these motors shall not exceed three-fourths horsepower.

         E.   The occupation shall take place completely within the principal building only. Out buildings or accessory structures shall not be used for this purpose.

         F.   No exterior alterations shall be permitted in order to accommodate any home occupation.

         G.   The process shall not involve any operation which shall create noise or other electric or mechanical disturbance which can be heard, felt or recognized outside the premises in which the use is housed, and shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m.

         I.   Only members of the immediate family may carry on home profession or occupation.

         A.   A demonstrated need is present for the installation of such a facility.

         B.   A private drive with a year-round surface shall be provided to the facility if it does not have frontage on a public street.

         C.   Suitable screening shall be provided which will minimize any detrimental effects caused by equipment located therein.

         D.   All structures shall be made to harmonize with surrounding development.

         A.   Access shall be available only from principal or collector streets.

         B.   Pedestrian access ways serving adjacent neighborhoods shall be constructed so as to provide a year-round dustless surface.

         D.   The use when located adjacent to a residential development shall not have outdoor music, or like activities creating noise which can be heard beyond the immediate confines of the area on which the use is to be located.

         E.   The principal facility shall not be located closer than fifty feet to the boundary of any residential lot.

         F.   All structures intended to be used for year-round use shall be above recorded flood stages.

         G.   Where the area abuts a residential property, no lighting may be located within 300 feet of the property and all lighting permitted shall be directed to the location of principal activity, in a manner that will not create any glare or reflection which shines directly on a residential property.

         A.   Tourist homes shall be converted dwellings only; no new structures shall be erected for that purpose;

         B.   They shall be located on State or Federal marked routes; and

         C.   They shall not have ingress or egress to residential streets.

      (5)   Veterinary Hospitals. Veterinary hospitals may be conditionally permitted in a B-1 District provided such use is located in a building having adequate soundproofing and odor control. The boarding of animals shall be restricted to allow overnight lodging only as necessary for animals receiving medical attention.

         A.   Such facility should be located so as to cause the least disruption to pedestrians who might be shopping at several other retail stores on the site or in the vicinity;

         B.   The location of access drives shall be evaluated according to Section 1155.09;

         C.   The minimum number of off-street waiting spaces shall be in compliance with Section 1155.07;

         D.   The Planning Commission may impose restrictions on the hours of operation to assure that the business operates in a manner similar to the prevailing characteristics of other businesses in the vicinity.

         A.   Such use should be located so as to cause the least disruption to pedestrian traffic;

         B.   Gasoline stations located on a corner lot shall have not less than 150 feet of frontage on each of the two intersecting streets.

         C.   Fuel pumps may be erected in a front yard but not less than thirty feet from the street right-of-way; pavement in association with a gasoline pump shall be located no less than twenty feet from the street right-of-way. The resulting open space shall be landscaped and maintained in satisfactory condition and, except for entrance and exit drives and permitted signs, shall not be used for any other purpose;

         D.   A canopy may be constructed over a pump island provided the canopy shall be no closer than fifteen feet to the right-of-way;

         E.   The only services permitted to be performed on a vehicle shall be limited to the dispensing of fuel, oil, air and windshield wiper fluid, and other similar minor activities.

         F.   The location, display or storage of rental trailers, automobiles, trucks or other rental equipment on the premises is not permitted unless in full compliance with the standards for such uses;

         G.   A gasoline station may be combined with a car wash or auto service garage provided that such dual use is in compliance with the regulations established for each use.

         A.   All activities shall take place inside the building;

         B.   An auto service garage or car wash may be combined with a gasoline station provided the regulations for each use are maintained;

         C.   If adjacent to any residential district, the hours of operation shall be between 7:00 a.m. and 10:00 p.m.;

         D.   Lighting that creates a glare on any street or on any adjacent residential property shall not be permitted;

         E.   The sale or rental of recreation vehicles or utility trailers shall be prohibited.

         A.   Storage of vehicles on the lot shall meet all yard requirements of the main use;

         B.   All work on vehicles, including but not limited to cleaning, servicing and repair, shall be done only inside a suitable service building;

         C.   Such use may be operated in conjunction with another automotive use enumerated in Section 1147.02 provided such dual use shall meet the standards set forth for each use.

         A.   All storage areas shall meet all yard requirements of the main use;

         B.   Storage of any materials out of doors shall be effectively screened from any observer's view at grade level on an adjoining road or lot by a vision obscuring fence or plant material as specified in Section 1147.05;

         C.   Such storage shall be located to permit the free access of fire fighting equipment around the building at all times;

         D.   Conditional use approval may specify the materials that are permitted to be stored, restrictions on the location on the site of such outdoor storage and any height limitations.

            (Ord. 1996-026. Passed 2-12-96.)

      (1)   Occupancy and use of a building hereafter erected, altered, enlarged or moved;

      (3)   Occupancy and use of vacant land except for agricultural uses;

      (4)   Change in the use of land to a use of a different classification except for agricultural uses; or

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

      (1)   New construction of all multi-family, business, industrial, institutional and recreational uses;

      (2)   All conditional uses; and

      (3)   Existing or previously approved developments which propose to increase the number of dwelling units in a multi-family development, expand the floor area of commercial, industrial, institutional, recreational uses, or change a use which requires a modification in the amount of parking or the site's circulation.

      (2)   A proposed development plan, appropriately dimensioned and labeled, including: location and use of buildings; location of structures on surrounding properties; landscaping and screening, utilities and surface drainage; circulation, including driveways, access, sidewalks, parking and loading; description of surface materials including type of pavement, sidewalks, landscaped areas; and other site improvements, such as lighting, fences and signs.

      (3)   Preliminary floor plans and architectural sketches of buildings and other structures.

      (4)   Summary table showing total acres and amount of land area devoted to each proposed residential and nonresidential use and streets.

      (5)   Such other reasonable supplemental information as may be required by the Building Administrator or Planning Commission.

      (6)   A fee as established by Council.

      (1)   Any administrative review undertaken by City officials or consultants at the request of the Building Administrator should be completed and the reports/comments available to the Planning Commission at the time of the Commission's review.

      (2)   In reviewing a final development plan, the Planning Commission shall consider setbacks, the orientation of buildings, parking areas and other features with respect to the topography of the lot and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways, the location of the green area provided, bearing in mind the possible effects of irregularly shaped lots; the adequacy of location, landscaping and screening of the parking lots and such other matters as the Commission may find to have a material bearing upon the stated standards and objectives of the various District regulations. In approving a development plan, the Planning Commission shall find that:

         A.   The appropriate use and value of property within and adjacent to the area will be safeguarded.

         B.   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

         C.   The development will have adequate public service, parking and open spaces.

         D.   The plan, to the extent practical, will preserve and be sensitive to   the natural characteristics of the site.

         E.   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.

         F.   Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas.

         G.   If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage.

      (3)   The Planning Commission may either approve, approve with modifications, or reject the proposal. If the Commission finds that a proposed plan of development does not meet the purposes of these regulations, it shall disapprove the plan and shall submit its findings in writing, together with the reasons therefore, to the applicant.

      (4)   Failure by the Commission to act within forty-five days from the time the plan has been deemed complete and accepted per Section 1161.11(c), or an extended time period so agreed upon with the applicant, shall, at the applicant's option, be deemed a denial of the development plan application.

      (5)   A development plan shall remain valid for a period of twelve months following the date of its approval. If, at the end of that time, construction has not been diligently begun, then such development plan shall be considered as having lapsed and shall be of no effect unless resubmitted to the Commission and reapproved. All construction and development under any building permit shall be in accordance with the approved development plan. Any changes in an approved plan shall be resubmitted for approval in accordance with this subsection.

   (b)   Uses Similar to Conditionally Permitted Uses. Where a use is proposed that is not listed or provided for in this Zoning Code, the Building Administrator may make a determination that the proposed use is substantially similar to a specific conditional use listed in this Zoning Code, in which case the similar use shall be permitted as a conditional use in those districts where the specifically listed conditional use is permitted. A similar conditional use shall conform to the general standards for all conditional uses in Section 1161.03(a) and any other numerical or specific standards in Section 1161.03(b) or (c) for the specifically listed conditional use to which the proposed use is most similar, and shall be approved in accordance with the administrative procedures in Sections 1161.02 and 1161.04.

      (1)   The compatibility of the proposed use with the general classification of uses specified in this Zoning Code;

      (2)   The nature, predominant characteristics, and intensity of the proposed use in relation to the similar principal or conditional use in that district;

      (3)   The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses specified in this Zoning Code.

         (Ord. 1996-028. Passed 2-12-96.)

   There shall be a Zoning Board of Appeals consisting of five (5) citizen members, holding no other public office. Three (3) citizen members shall be appointed by the Mayor and two (2) citizen members shall by appointed by Council, subject to the confirmation of 2/3 of all the members elected to Council, for terms of five years each. However, upon passage of this Charter, the then existing members of the Board of Appeals shall remain in office for the terms for which they were appointed. Any vacancy occurring other than by expiration of term, shall be filled for the unexpired portion of the term only and in the manner prescribed in this Charter, for the original appointment. The Board shall administer the details of the application of the zoning regulations, and shall hear and determine appeals from refusal of building permits by the Building Commissioner or other officer, may permit exceptions to and variations from the district regulation and shall have any and all other powers conferred upon it by ordinance or the general laws of the State of Ohio. The Board of Appeals may make its own rules and select its own chairman and secretary. It shall keep a journal of its proceedings and all of its meetings shall be open to the public.

   The Zoning Board of Appeals citizen members shall be removed by the Mayor for cause, subject to the approval of 2/3 of all the members elected to Council, and upon complaint and a public hearing.

(Charter Article VIII, Sec. 4.)

   (a)   The Board shall adopt the rules or regulations as may be necessary to carry into effect the provisions of this chapter and to exercise the powers and jurisdiction conferred upon it by, but not in conflict with, this Zoning Code.

   (b)   Any member of the Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony, and the production of books, papers and other evidence pertinent to any issue before the Board.

   (c)   The Board shall hear and decide appeals from any decision or determination of the Chief Building Official or other administrative officer, relating to Zoning and shall hear and determine appeals from the refusal of building permits by the Chief Building Official or other officer. Within its powers the Board may reverse, affirm wholly or in part, or modify such decision or determination relating to Zoning or such refusal of a building permit.

   Where there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of the provisions of this Zoning Code, the Zoning Board of Appeals shall have the power, in a specific case, to vary or modify the application of any of the provisions in harmony with the general purpose and intent of this Zoning Code so that public health, safety, morals and general welfare may be safeguarded and substantial justice done.

   (a)   Variances shall be limited to general cases where:

      (1)   The strict application of the requirements of this Zoning Code in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, when strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case; and

      (2)   Granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements or alter the essential character of the locality; and

      (3)   Granting of a variance will not be contrary to the objectives of the Master Plan and this Zoning Code.

         (Ord. 2018-041. Passed 5-22-18.)

   Any change to the existing land uses cannot be approved unless and until it shall have been submitted to the Planning Commission, for approval or disapproval. In the event the City Council should approve any of the proceeding changes, whether approved or disapproved by the Planning Commission it shall not be approved or passed by the declaration of an emergency.
(Ord. 2015-097. Passed 11-24-15.)

   (a)   In the case of the public hearing before the Planning Commission, a notice not less than five days prior to the date of the public hearing, shall be sent by certified mail to the owners of all property within 300 feet of the area proposed to be changed, using for this purpose the last known name and address of such owners as shown upon the copy of County Records Plat Book on file in the Clerk of Council's office. Where the property within the 300 foot radius is under the same ownership as the property that is involved in the proposed change, then the owner of property next adjoining the land shall also be notified by certified mail as above provided. The requirement for service by certified mail herein contained may be dispensed with by the Planning Commission providing the Commission makes application to Council in writing for permission to dispense with the requirement and Council by motion, duly adopted, grants permission. The requirement for service by publication contained in Article VIII, Section 3, of the Charter and Section 1165.01 shall in no way be affected by the determination by the Planning Commission and the Council to dispense with service by certified mail.

   (b)   In the case of the public hearing before Council, notice shall be given by publication in a newspaper of general circulation within the City of Eastlake, such publication to be not less than thirty days prior to the date of the public hearing.

   (c)   Any person making an application for a change in zoning shall file with the application a list containing the names and addresses of all owners of property required to be served with notice under subsection (a).

    "Dwelling" means a building designed for and occupied exclusively for residential use including one-family, two-family and multi-family dwellings, but not including hotels, rooming houses, boarding houses, tourist homes, or any rental or lease for all or a portion of the building for a period for a term of less than one month, or tents or trailers. (Ord. 1996-029. Passed 2-12-96; Ord. 2020-081. Passed 8-25-20.)

   "Rooming house" and "boarding house" means a dwelling or parts thereof not a hotel or inn, in which sleeping rooms are available for hire as lodging with or without meals.

(Ord. 1996-029. Passed 2-12-96; Ord. 2020-082. Passed 8-25-20.)