The following table summarizes the application and role of each of the administrative, quasi-judicial, and legislative reviews set forth in ths Chapter and the responsible reviewing party:

 

   None of the following events may occur unless a zoning permit is received from the City prior to the event’s occurrence:

   (A)    The erection of a new structure. However, a zoning permit is not necessary for a small building or structure under 100 square feet in lot coverage, such as a shed, mailbox, birdbath, trellis, or bench. However, even where a sign is under 100 square feet of lot coverage, the erection of a sign shall always require a zoning permit except where specifically exempted by Title Five "Sign Regulations”. Please note that certain small structures, while not requiring a zoning permit, may require a building permit—please inquire with the Building Commissioner.

   (B)    The modification of an existing structure. However, a modification of an existing structure shall not require a zoning permit where the resulting structure would be considered a small building or structure under 100 square feet in lot coverage, such as a shed, mailbox, birdbath, trellis, or bench, and is not a sign. Furthermore, the normal maintenance of a structure, such as the repainting, reshingling, reroofing, redecking, tuck-pointing, resealing, reglazing, or other similar upkeep and maintenance activity shall not require a zoning permit; please note that such activity may require a building permit from the City—please inquire with the Building Commissioner.

   (C)    The initiation of a new land use or the change of an existing land use to another land use on the lot or within a structure on the lot. Please note that temporary uses, such as pop-up events, church festivals, temporary Halloween stores, or temporary outdoor plant sales, may not require a zoning permit but may require a temporary use permit from the City; please inquire with the Building Commissioner for specific temporary use cases.

   (D)    The erection of a fence shall not require a zoning permit but shall require a fence permit from the City.

      (Ord. 87-2025. Passed 1-12-26.)

   (A)    The owner of the property or a legal representative of the owner of the property shall complete a zoning permit application form, as provided by the City, and submit all required components, as described on the zoning permit application form, to the Building Commissioner or their designee.

   (B)    A zoning permit application fee shall be paid by the applicant to the City at the time of application. The fee shall be an amount described on the fee schedule, as approved by City Council; please inquire with the Building Commission for the most current fee schedule.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    Determining Whether Application is Complete. Within fourteen (14) calendar days after an application is received by the Building Commissioner or their designee, the Building Commissioner or their designee shall review the application and assess whether the application is complete. Where an application is incomplete, the Building Commissioner or their designee shall communicate in writing to the applicant and explain which components of the application remain incomplete. The applicant shall submit the required materials within thirty (30) calendar days; where an applicant fails to submit the required materials within thirty (30) calendar days, the application shall be considered forfeited. Where an application is complete, the Building Commissioner or their designee shall continue with the zoning permit application review process.

   (B)    Determining Type of Use. Where the zoning permit application involves a change of land use or an initiation of a new land use on a property or within a structure, the Building Commissioner or their designee shall, within fourteen (14) calendar days of receipt of a complete zoning permit application, determine whether the new use is one that is an “Administrative Review Use”, a “Conditional Review Use”, or a “Not Listed” use, based on the list of permitted uses in the applicable zoning district section of the Planning and Zoning Code.

      (i)    Where a use is determined to be an “Administrative Review Use”, the Building Commissioner or their designee shall proceed with the zoning permit application review process.

      (ii)    Where a use is determined to be a “Conditional Review Use”, the Building Commissioner or their designee shall follow the Conditional Use Approval process detailed later in this Chapter.

      (iii)    Where a use is determined to be “Not Listed”, the Building Commissioner or their designee shall communicate in writing to the applicant that the use is not permitted in that district and deny the zoning permit.

   (C)    Determining Need for Variance Approval. Where the zoning permit application involves nonconformance with a particular numerical regulation, such as front setback or building height, the Building Commissioner or their designee shall follow the Variance Approval process detailed later in this Chapter.

   (D)    Determining Conformity with Zoning Regulations for “Administrative Review Uses”. Within fourteen (14) calendar days of the determination that the zoning permit application is complete, the Building Commissioner or their designee shall determine whether the proposed new or changed land use and/or the new or modified structure is in conformity with the regulations of the Planning and Zoning Code.

      (i)    When the Building Commissioner or their designee determines that the proposed new or changed land use and/or the new or modified structure is in conformity with the regulations of the Planning and Zoning Code, the Building Commissioner or their designee shall forward the application to the Planning Commission to initiate a Site Plan Review process.

      (ii)    When the Building Commissioner or their designee determines that the proposed new or changed land use and/or the new or modified structure is not in conformity with the regulations of the Planning and Zoning Code, the Building Commissioner or their designee shall deny a zoning permit to the applicant and communicate such rationale for the denial in writing.

   (E)    Site Plan Review Process. When the Planning Commission receives notice from the Building Commissioner or their designee initiating the Site Plan Review process, the Site Plan Review process should be followed. The Site Plan Review process is outlined in the following chapter.

   (F)    Granting or Denying a Zoning Permit. Once the Site Plan Review process has been completed, the zoning permit application shall be returned from the Planning Commission, with a written statement of its decision, to the Building Commissioner.

      (i)    When the Planning Commission has approved the site plan during the Site Plan Review, the Building Commissioner or their designee shall issue a zoning permit to the applicant in writing within seventy-two (72) hours of receiving the application from the Planning Commission.

      (ii)    When the Planning Commission has not approved the site plan during the Site Plan Review, the Building Commissioner or their designee shall deny a zoning permit to the applicant and communicate such rationale for the denial in writing.

   (G)    Notice of Possible Appeal. When issuing a Zoning Permit, the Building Commissioner shall notify the recipient that an appeal of administrative interpretation, determination, or decision is possible within thirty (30) calendar days of such administrative interpretation, determination, or decision, and may advise the recipient to minimize development investments until after such thirty (30)-day period.

   (H)    Communication of the Decision to Grant or Deny a Zoning Permit. Within seventy-two (72) hours of the determination whether to grant or to deny a zoning permit to an applicant, the Building Commissioner or their designee shall communicate its determination with other City departments, including the Law Department, the Economic Development Department, and the Planning Commission, in writing. (Ord. 87-2025. Passed 1-12-26.)

   Once a zoning permit is issued by the City to an applicant, the applicant must initiate the development and/or land use that is the subject of the zoning permit within two years or else the zoning permit shall be considered expired and void. The Building Commissioner shall assess whether the development and/or land use that is the subject of the zoning permit is initiated; some examples of “initiated” may be pouring a foundation for a new structure or renovating the interior of a building for the new use (such as the installation of a commercial kitchen). The assessment of the Building Commissioner that the subject development and/or land use has not been initiated after two years and the zoning permit is void can be challenged through an appeals process, described in this Article. If a zoning permit has been voided through this provision, the subject development and/or land use may not be implemented until a new zoning permit has been applied for and granted. (Ord. 87-2025. Passed 1-12-26.)

   A conditional use approval process is started by following the first steps of the Zoning Permit Application process. The Building Commissioner or their designee, upon determining that the application involves a “Conditional Use Review” in the applicable zoning district, commences the Conditional Use Approval Process.

(Ord. 87-2025. Passed 1-12-26.)

   Within fourteen (14) calendar days of the determination that the zoning permit application is complete, the Building Commissioner or their designee shall determine whether the proposed new or changed land use and/or the new or modified structure is in conformity with the regulations of the Planning and Zoning Code and, where the land use involves a “Conditional Use Review” land use, forward the application to the Board of Zoning Appeals for inclusion of the application on the next regularly scheduled meeting. Where a regularly scheduled meeting falls within fourteen (14) calendar days of the receipt of the application by the Board of Zoning Appeals, the Board of Zoning Appeals may elect to delay the review of the application until the following regularly scheduled meeting in order to facilitate proper notice of meeting agendas to the Board and the general public and nearby landowners.

(Ord. 87-2025. Passed 1-12-26.)

   The Board of Zoning Appeals Chairperson (or Board Secretary) shall release a public notice (both by digital medium and print) to advertise the agenda of the Board of Zoning Appeals meeting addressing the Conditional Use Approval request. Print notices are to be posted in a weekly locally circulating newspaper on the same page or article section as those public notices for City Council’s meetings. Furthermore, all landowners of parcels within 200 feet of the centerpoint of the parcel in question and all landowners of parcels that abut the parcel in question including those that “abut” the parcel in question despite being across a public street or abutting at the point of a lot corner, shall be issued individual notices mailed to their contact address of record, notifying them of the conditional use approval request and notifying them of the public hearing; such individual notices shall be mailed at least ten (10) calendar days prior to the public hearing date. (Ord. 87-2025. Passed 1-12-26.)

   After public notice has been implemented, the Board of Zoning Appeals shall hold a public meeting regarding the Conditional Use Approval. In such meeting, the Board of Zoning Appeals shall determine whether the requested Conditional Use Approval interferes with the City’s stated objectives in the most recent comprehensive plan, and, where the requested land use activity may interfere with the stated objectives, whether such interference outweighs the possible community and/or private benefits of such use.

   (A)    Public Testimony. The Board of Zoning Appeals shall allow for public testimony at the public hearing, limiting the duration of public testimony according to the Board’s approved meeting bylaws.

   (B)    The Board of Zoning Appeals may, to better align the proposed land use with the community’s objectives, approve the conditional use approval with specific conditions. Specific conditions may include parking standards, hours of operation, noise standards, capacity limits, and the like.

      (Ord. 87-2025. Passed 1-12-26.)

   By the end of the next business day following the public hearing of the Board of Zoning Appeals, the Board of Zoning Appeals shall communicate its decision to approve or to deny the Conditional Use Approval to the Building Commissioner or their designee. The Building Commissioner or their designee shall, within seventy-two (72) hours of the public hearing by the Board of Zoning Appeals, share the decision with other City departments, including the Law Department, the Economic Development Department, and the Planning Commission. Furthermore, within seventy-two (72) hours of the public hearing by the Board of Zoning Appeals, the Building Commissioner or their designee shall communicate the decision of the Board of Zoning Appeals, where the Conditional Use was approved, with the County for its records, making sure to include any specific conditions applied to the approval by the Board of Zoning Appeals. (Ord. 87-2025. Passed 1-12-26.)

   Within seventy-two (72) hours following the end of the Board of Zoning Appeals’ public hearing, the Building Commissioner or their designee:

   (A)    Shall, where the Board of Zoning Appeals approved the conditional use, continue with the zoning permit process, generally seeking site plan review and approval from the Planning Commission, forwarding along the Conditional Use approval, including any specific conditions applied by the Board of Zoning Appeals; or

   (B)    Shall, where the Board of Zoning Appeals denied the conditional use, communicate the rationale for the denial of the zoning permit to the applicant.

      (Ord. 87-2025. Passed 1-12-26.)

   Please note that a Conditional Use Approval “runs with the land.” This means that, if a conditional use approval is granted for a sub sandwich shop on a particular lot, the owner of the sub sandwich shop could sell the restaurant and land to a new owner, and the Conditional Use Approval transfers to that new owner of the same lot; the new owner of the sub sandwich shop does not need to re-apply for a Conditional Use Approval unless the character of the operation changes (such as it begins to hold special events and becomes a special events center). Therefore, the Board of Zoning Appeals may wish to be conservative in their granting of Conditional Use Approvals, knowing that granting a Conditional Use Approval may result in that use being present for decades. (Ord. 87-2025. Passed 1-12-26.)

   Where a land use and/or development that is the subject of a Conditional Use Approval wishes to change use or modify the structure to one that is more intensive or larger than what was originally approved, the landowner shall seek a change of Conditional Use Approval following the same process as for a Conditional Use Approval.

(Ord. 87-2025. Passed 1-12-26.)

   Please note that, where a proposed project involves the need for a conditional use approval and a variance approval, the Board of Zoning Appeals may (and should) hear and decide on both approvals during the same meeting in order to expedite the approval process.

(Ord. 87-2025. Passed 1-12-26.)

   A variance approval process is started by following the first steps of the Zoning Permit Application process. The Building Commissioner or their designee, upon determining that the application involves the need for a variance, shall contact the applicant and confirm that the applicant desires to commence a variance approval process. When the applicant does confirm that they wish to commence a variance approval process, the Building Commissioner shall follow the steps outlined below. (Ord. 87-2025. Passed 1-12-26.)

   Within fourteen (14) calendar days of the determination that the zoning permit application is complete, the Building Commissioner or their designee shall determine whether the proposed new or modified structure is in conformity with the regulations of the Planning and Zoning Code and, where the land use necessitates a variance approval, forward the application to the Board of Zoning Appeals for inclusion of the application on the next regularly scheduled meeting. Where a regularly scheduled meeting falls within 14 calendar days of the receipt of the application by the Board of Zoning Appeals, the Board of Zoning Appeals may elect to delay the review of the application until the following regularly scheduled meeting in order to facilitate proper notice of meeting agendas to the Board and the general public and nearby landowners.

(Ord. 87-2025. Passed 1-12-26.)

   The Board of Zoning Appeals Chairperson (or Board Secretary) shall release a public notice (both by digital medium and print) to advertise the agenda of the Board of Zoning Appeals meeting addressing the Variance Approval request. Print notices are to be posted in a weekly locally circulating newspaper on the same page or article section as those public notices for City Council’s meetings. Furthermore, all landowners of parcels within 200 feet of the centerpoint of the parcel in question and all landowners of parcels that abut the parcel in question, including those that “abut” the parcel in question despite being across a public street or abutting at the point of a lot corner, shall be issued individual notices mailed to their contact address of record, notifying them of the Variance Approval request and notifying them of the public hearing; such individual notices shall be mailed at least ten (10) calendar days prior to the public hearing date.

(Ord. 87-2025. Passed 1-12-26.)

   After public notice has been implemented, the Board of Zoning Appeals shall hold a public meeting regarding the Variance Approval.

(Ord. 87-2025. Passed 1-12-26.)

   In such public meeting, the Board of Zoning Appeals shall grant a Variance only where it determines that the requested Variance Approval will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the Planning and Zoning Code will result in unnecessary hardship, and that, in granting a Variance, the spirit of the Planning and Zoning Code shall be observed, and substantial justice done. The Board of Zoning Appeals shall not be authorized to grant variances for the following: (i) Uses that are expressly prohibited by this Planning and Zoning Code and (ii) signage that is expressly prohibited by this Planning and Zoning Code. (Ord. 87-2025. Passed 1-12-26.)

   In consideration of requests for Variances, the Board of Zoning Appeals shall consider the following factors for Area and Size variance requests. (Duncan v. Middlefield (1986), 23 Ohio St. 3d 83).

   (A)    Whether the property in question will yield a reasonable return or whether there can be beneficial use of the property without the variance;

   (B)    Whether the variance is substantial;

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

   (D)    Whether the variance would adversely affect the delivery of governmental services;

   (E)    Whether the property owner purchased the property with the knowledge of the zoning restriction;

   (F)    Whether the property owner’s predicament feasibly can be obviated through some method other than a variance; and

      (Ord. 87-2025. Passed 1-12-26.)

   The Board of Zoning Appeals shall allow for public testimony at the public hearing, limiting the public testimony to a reasonable duration according to the Board’s approved meeting bylaws. (Ord. 87-2025. Passed 1-12-26.)

   The Board of Zoning Appeals may impose such conditions and restrictions upon the Variance as the Board of Zoning Appeals may deem necessary to comply with the standards set forth in this Section to reduce or minimize the impact of such use upon other property in the neighborhood and to further the purpose and intent of this Planning and Zoning Code. Note to the Zoning Board of Appeals: It may be advantageous to be intentional about the specificity or broadness of the Variance. For example, the Board of Zoning Appeals may wish to--instead of granting a Variance for the maximum height of a building, in general, on a property, which may allow the structure to be any height above the Planning and Zoning Code’s maximum height standard for that district--grant a Variance such as: “On the subject lot (Property Identification Number ____), a variance is granted to grant relief from the Planning and Zoning Code’s maximum structure height standard, provided all of the following conditions are satisfied: (1) no portion of a structure on the subject lot shall exceed forty (40) feet in height, and (2) no portion of a structure on the subject lot within ten (10) feet of a lot line shall exceed the Planning and Zoning Code’s maximum structure height standard for that district.”

(Ord. 87-2025. Passed 1-12-26.)

   By the end of the next business day following the public hearing of the Board of Zoning Appeals, the Board of Zoning Appeals shall communicate its decision to approve or to deny the Variance Approval to the Building Commissioner or their designee. The Building Commissioner or their designee shall, within seventy-two (72) hours of the public hearing by the Board of Zoning Appeals, share the decision with other City departments, including the Law Department, the Economic Development Department, and the Planning Commission. Furthermore, within seventy-two (72) hours of the public hearing by the Board of Zoning Appeals, the Building Commissioner or their designee shall communicate the decision of the Board of Zoning Appeals, where the Variance was approved, with the County for its records, making sure to include any specifics applied to the approval by the Board of Zoning Appeals.

(Ord. 87-2025. Passed 1-12-26.)

   Within seventy-two (72) hours following the end of the Board of Zoning Appeals’ public hearing, the Building Commissioner or their designee:

   (A)    Shall, where the Board of Zoning Appeals approved the variance, continue with the zoning permit process, generally seeking site plan review and approval from the Planning Commission, forwarding along the Variance Approval, including any specific conditions applied by the Board of Zoning Appeals; or

   (B)    Shall, where the Board of Zoning Appeals denied the conditional use, communicate the rationale for the denial of the zoning permit to the applicant.

      (Ord. 87-2025. Passed 1-12-26.)

   Please note that a Variance Approval “runs with the land.” This means that, if a variance approval is granted for a structure height of up to forty-two (42) feet on a particular lot, the owner of the lot could sell the lot to a new owner, and the Variance Approval transfers to that new owner of the same lot; the new owner of the lot does not need to re-apply for a Variance Approval to build the structure (or some other portion of the structure) to forty-two (42) feet, except where it may differ from an approved Site Plan, in which case a Site Plan amendment shall be sought.

(Ord. 87-2025. Passed 1-12-26.)

   Where a structure that is the subject of a Variance Approval wishes to be modified in a way that is not in conformance with the base regulations of this Planning and Zoning Code and is not described as specially permitted per the Variance Approval, the landowner shall seek a change of Variance Approval following the same process as for a new Variance Approval.

(Ord. 87-2025. Passed 1-12-26.)

   Please note that, where a proposed project involves the need for a conditional use approval and a variance approval, the Board of Zoning Appeals may (and should) hear and decide on both approvals during the same meeting in order to expedite the approval process.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    The Planning Commission shall conduct a site plan review for the following types of projects and developments prior to such projects receiving a zoning permit:

      (i)    New construction for any land use—including accessory uses—within the Residential 2 District, the Neighborhood Mixed-Use District, the Turney Road Core Mixed-Use District.

      (ii)    Conversion of an existing structure to another land use within the Residential 2 District, the Neighborhood Mixed-Use District, the Turney Road Core Mixed-Use District, except for conversion to one-unit dwelling uses or two-unit dwelling uses, which have any of the following effects:

         (1)    Alterations or re-arrangement of on-site parking which results in a reduction or increase in the number of parking spaces or placement within a required front yard.

         (2)    Alteration of traffic flow by way of ingress and egress, or within the site itself.

         (3)    Construction of public or private off-street parking areas where permitted in this Planning and Zoning Ordinance.

   (B)    A site plan that has otherwise been fully reviewed and approved by City Council need not be resubmitted to City Council unless there are material modifications therein.

(Ord. 87-2025. Passed 1-12-26.)

   The application for site plan review shall include the following items:

   (A)    Architectural plans showing exterior elevations and floor plans. If exterior elevations are not available, reasonable graphic representations may be submitted.

   (B)    Site Plans. All site plan drawings shall be prepared by a professional engineer, architect or surveyor, and shall have their seal on the plans. The site plan drawings showing the following items:

      (i)    General vicinity map showing the relationship between buildings, open spaces, roads, drives, and parking areas are located and related so as to minimize the possibility of adverse impacts upon adjacent development;

      (ii)    Property boundary lines and adjacent streets;

      (iii)    Elevation contours;

      (iv)    Traffic, circulation plan;

      (v)    Parking and loading plan;

      (vi)    Landscaping plan;

      (vii)    Existing structures;

      (viii)    Proposed signage;

      (ix)    Utilities plan; and

      (x)    Grading, sedimentation and erosion control plan.

   (C)   Stormwater Controls. The site plan shall show provisions for control of erosion, sedimentation and storm water. The goal of these provisions are to prevent sediment from leaving the site and to allow no increase in storm water runoff. The CSWCD, soil scientists, or other competent agencies shall review the site plan. When planning and applying these provisions the following principles will be followed:

      (i)    Control sediment with silt fence and siltation basins. The basins will be designated and installed before the construction begins so that all of the surface water from exposed areas passes through these basins. Silt fencing will be installed as needed. The basins will be designated in accordance with the CSWCD specifications.

      (ii)    The basins will be cleaned out as needed to maintain adequate retention time.

      (iii)    Temporary seedings will be done to all areas when construction continues through or is not completed before the winter season. Seeding will be completed before October 1.

      (iv)    At construction completion, storm water retention basins will be established by conversion of sediment basins or other means. Storm water retention practices will be designed so that post construction runoff is the same as pre-construction runoff. No after construction increase in amount of peak flow will be allowed.

      (v)    Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from run-off waters, from land undergoing development, etc.

      (vi)    Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.

      (vii)    The permanent final vegetation and structures shall be installed as soon as practical in the development, use restoration, or rehabilitation.

      (viii)    The development, extraction or use plan shall be fitted to the topography and soils so as to create the least erosion potential.

      (ix)    Wherever feasible, natural vegetation should be retained and protected.

   (D)    Waste Disposal Plans.

      (i)    Site plans shall show location and screening/fencing materials for outdoor refuse collection areas which shall be screened and fences on at least three sides and shall show adequate ingress and egress for trucks to haul refuse away.

      (ii)    Site plans shall be accompanied by a statement for industrial uses of how hazardous wastes will be handled including a statement that no poisonous or hazardous wastes will be discharged into the sanitary sewer or storm sewer, other than EPA acceptable levels.

   (E)    List of Adjacent Owners. The site plan review application should include a list of property owners within 250 feet of the property lines of the subject property, as they appear on the County Auditor’s current tax list. Copies of current tax maps for subject and adjacent properties shall be submitted.

   (F)    Environmental Assessment Report.

      (i)    Required Information. Each environmental assessment report shall include the following:

         (1)    A description of the proposed action;

         (2)    A description of the existing environmental setting;

         (3)    The favorable and adverse environmental impacts of the proposed action;

         (4)    The means and estimated costs necessary to minimize the adverse impacts;

         (5)    Identification of alternatives to the proposed action including their impact on the environment; and

         (6)    Identification of any irreversible commitment of natural resources as a result of the proposed action.

      (ii)    Review of Environmental Assessment Report. The environmental assessment report shall be presented to the Planning Commission along with the site plan or proposal under consideration. Prior to any determination on the proposed project, the Planning Commission shall review and consider the environmental assessment report together with any comments submitted by the administrative departments or others.

      (iii)    Basis for Approval. The Planning Commission shall not grant approval of any project or development unless it finds that the environmental impact of the project or development shall be in harmony with the City’s present development, and shall not have adverse effects on the physical or cultural environment.

   (G)    Special Site Plan Requirements for Commercial District and Special Use District. In the case of applications for zoning permits in the Commercial District or the Special Use District, the site plan requirements shall include the following in addition to standard site plan requirements:

      (i)    Utility Plans: Detailed drawings of all required utilities, including water, sewer and underground electric and telephone systems.

      (ii)    Fire Protection Plan: Water mains, hydrants and other appurtenances.

      (iii)    Landscape Plan: Landscaping, buffers, draining and grading, and final storm water management plans required by the CSWCD

      (iv)    Miscellaneous: Construction schedule and disposition program and any other information specifically required by the Commission.

         (Ord. 87-2025. Passed 1-12-26.)

   Once a complete application for site plan review or site plan amendment has been filed, application shall follow the following process:

   (A)    The application shall be distributed by the Building Commissioner to City department directors, to the relevant ward councilor, to the Cleveland Sewer and Water Conservation District, and others as necessary for review and comments.

   (B)    The Building Commissioner shall arrange for a meeting with the applicant after comments and recommendations have been returned if there are any negative comments. Any necessary revisions should be made prior to the Planning Commission meeting.

   (C)    The Building Commissioner shall advise the Clerk of the Commission when site plan is ready for official review and provide copies of the administrative review reports and any other appropriate documents for the Planning Commission meeting.

   (D)    The Building Commissioner shall notify the applicant and other parties required to receive notice fifteen (15) days prior to the Planning Commission meeting in which the subject site plan will be reviewed.

      (Ord. 87-2025. Passed 1-12-26.)

   (A)    The Planning Commission shall then review the site plan to determine compliance with this Code and fulfillment of planning and design objectives. The Planning Commission shall approve or disapprove within ninety (90) days of the date of the initial Planning Commission meeting.

   (B)    If modifications are required, the applicant shall be notified of necessary modifications. The Planning Commission shall have an additional thirty (30) days to approve or disapprove the site plan once the modifications have been resubmitted at the Planning Commission meeting.

   (C)    An extension of time may be taken if mutually agreed to in writing.

   (D)    The Planning Commission may seek expert advice or cause special studies to be made during the review time period and such costs shall be borne by the applicant, but shall not exceed two thousand five hundred dollars ($2,500.00) which sum shall be deposited with the City at the request of the Planning Commission.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    If approved, the applicant shall be notified in writing. The Chairman of the Commission shall sign and date a copy of the approved site plan which shall become the official approved site plan.

   (B)    If the plan is disapproved, the applicant shall be notified in writing. The plan may not be resubmitted to the Planning Commission for one year from the official decision, unless revisions are made to bring the site plan into conformance.

(Ord. 87-2025. Passed 1-12-26.)

   Following the site plan review and approval, the Building Commissioner shall continue with the Zoning Permit process as detailed earlier in this Chapter.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    Site plan approval may be revoked if proposed development is found to be violating the requirements of this Planning and Zoning Ordinance and/or any condition attached to site plan approval by the Planning Commission.

   (B)    In order to revoke a site plan approval, the Planning Commission shall schedule a hearing and notify the original applicant or project representatives at least twenty (20) days prior to the hearing by certified mail.

   (C)    In the event that the Planning Commission decides to revoke approval, the zoning permit shall be suspended until the Commission certifies that the violation(s) has been corrected.

   (D)    Where such a nonconformance with the approved site plan occurs, it shall be treated as a violation to this Planning and Zoning Code and be subject to penalty.

(Ord. 87-2025. Passed 1-12-26.)

   When required by the Planning Commission, a cash bond or other financial guarantee acceptable to the Law Director shall be placed on deposit with the Finance Director of the City, prior to the Building Commissioner issuing a zoning permit in accordance with the approved site plan, to insure the improvements, such as landscaping, parking and sidewalks are installed in conformance with the approved site plan. The bond or guarantee shall equal the construction cost estimate of the improvements based on an estimate approved by the City Engineer, plus twenty percent (20%) of the estimate in lieu of increased costs, and shall be for a period not to exceed two years and provide for the complete construction of the improvements within that period. Such performance bond or other financial guarantees shall be returned to the applicant only if and after the certificate of occupancy is issued to the applicant.

(Ord. 87-2025. Passed 1-12-26.)

   The following guidelines are to be used by those involved in site planning and design to guide the site planning process and to serve as the Commission’s and Beautification Committee’s guidelines for judging appropriate site design features.

   (A)    Relationship to Adopted Plans and Policies.

      (i)    The site plan shall reflect all City plans and policies affecting the site, including neighborhood plans, key areas plans, master concept plans or previously adopted planned unit residential or planned commercial or industrial development plans.

      (ii)    The site plan shall be consistent with the statement of intent for the zoning district in which it is located.

   (B)    Site Planning/Open Space.

      (i)    The natural topographic and landscape features of the site should be incorporated into the development wherever possible.

      (ii)    Buildings and open spaces should be in proportion and scale with existing structures and spaces in the surrounding area.

      (iii)    A site should not be so overcrowded as to cause unbalanced relationships of buildings to open space. Open space areas should not be unduly isolated from one another by unrelated physical obstructions such as buildings and paved vehicular areas, but rather, should be linked by open space corridors of reasonable width.

      (iv)    When possible, natural separations should be created on the site by careful planning of streets and clustering of buildings using natural land features and open space for separation. Cul-de-sacs and loop streets, coupled with open spaces, should be used to achieve separation and create identity for sub-areas on the site.

   (C)    Building Design and Orientation.

      (i)    As dwelling unit intensities increase greater opportunities for privacy should be provided by utilizing fences or walls to enclose internal views.

      (ii)    The primary living area of a dwelling for the primary activity area of a building should be oriented toward a natural site amenity where possible.

      (iii)    Buildings should be sited in an orderly, nonrandom fashion. Excessively long, unbroken building facades should be avoided.

      (iv)    Consideration should be given in the siting of mid and high rise buildings to the privacy of occupants of adjacent buildings.

   (D)    Stormwater Management Measures. The careful design of stormwater management measures shall be an integral part of the overall development planning process. Stormwater runoff from the development should be handled, as much as possible through a natural system of roadside swales, grassed swales, grading control, terraces, drop structures, induced infiltration, porous pavements and detention/retention control. These should be designed as an integral part of the open space amenities or the parking and circulation system on the site.

   (E)    Circulation.

      (i)    Pedestrian circulation.

         (1)    Residential Uses:

            a.    Walkways which provide access to parking, trash disposal facilities, mailboxes, service areas and community facilities should be approximately four five feet in width. Common area paths designed to carry heavier pedestrian traffic should generally be five to six feet in width in order to accommodate two pedestrian lanes or one pedestrian lane and one bicycle lane.

         (2)    Nonresidential Uses.

            a.    Pedestrian and vehicular circulation should be separated as much as possible, either through crosswalk/pavement markings, signalization or complete grade separation.

            b.    Path and sidewalk crossings should be located where there is good sight along the road.

      (ii)    Parking Lots and Garages.

         (1)    When locating points of ingress and egress, consideration should be given to the location of existing access points, adjacent to and directly across the street from the site. Curb cuts should be shared by adjoining uses whenever possible.

         (2)    Parking areas should be screened and landscaped and traffic islands should be provided to protect circulating vehicles and to break-up the monotony of continuously paved areas.

         (3)    Drive-through establishments, such as banks, should be located to allow stacking space for peak hour operation and not restrict other parking lot circulation.

         (4)    Detached residential garages and carports should respect the location of adjacent garages and driveways and should be architecturally compatible with the principal structures on the site. When possible, garages should be incorporated as a screening element in the overall site plan and used to create private outdoor spaces and block objectionable views.

      (iii)    Architectural Character, Continuity and Comparability.

         (1)    Development and infill development should be viewed as part of a cluster, block, neighborhood, or the entire community. Developments should be designed with the idea of being architecturally compatible with nearby structures or to screen incompatible elements of nearby development.

         (2)    Within the standards of the applicable zoning district, the height, scale and setback of each building should be compatible with existing or proposed adjoining buildings. Architectural style should not necessarily duplicate adjoining structures, but should be compatible in overall form, texture, color and rhythm.

            (Ord. 87-2025. Passed 1-12-26.)

   Any approved site plan may be amended through the following process: the landowner shall initiate a zoning permit application, detailing that the zoning permit application is for “amendment to approved site plan” and follow the zoning permit and site plan review processes as outlined in this Article. (Ord. 87-2025. Passed 1-12-26.)

   An appeal may be sought by any party affected by an administrative interpretation, determination, or decision.

(Ord. 87-2025. Passed 1-12-26.)

   An appeal must be filed within thirty (30) calendar days of the administrative interpretation, determination, or decision being appealed.

(Ord. 87-2025. Passed 1-12-26.)

   An appellant shall file an appeal with the Building Commissioner by completing an appeal form, provided to the appellant by the Building Commissioner. Within 72 hours of receiving a complete appeal form, the Building Commissioner shall forward the appeal to the following parties:

   (A)    For appeals related to zoning permit issuances or denials: the Board of Zoning Appeals;

   (B)    For appeals related to subdivision or consolidation of parcels, conditional use approval decisions, variance decisions, or Board of Zoning Appeals decisions: the City Council.

      (Ord. 87-2025. Passed 1-12-26.)

   Furthermore, the Building Commissioner, immediately upon receiving a completed appeal form, shall notify the subject landowner that an appeal has been filed and shall issue a stop-work order where appropriate until the appeal has been duly heard.

(Ord. 87-2025. Passed 1-12-26.)

   The Board of Zoning Appeals or City Council, once an appeal is received, shall add the appeal to their next regularly scheduled public hearing. Where the next regularly scheduled public hearing is within fourteen (14) calendar days, the Board of Zoning Appeals or City Council may decide to instead add the appeal to the following regularly scheduled public hearing to allow for proper preparation and notification of the appeal hearing.

(Ord. 87-2025. Passed 1-12-26.)

   The Board of Zoning Appeals Chairperson (or Board Secretary) or City Council Clerk shall release a public notice (both by digital medium and print) to advertise the agenda of the Board of Zoning Appeals or City Council meeting addressing the Appeal. Print notices are to be posted in a weekly locally circulating newspaper on the same page or article section as those public notices for City Council’s meetings. Furthermore, all landowners of parcels within 200 feet of the centerpoint of the parcel or structure in question and all landowners of parcels that abut the parcel or structure in question, including those that “abut” the parcel in question despite being across a public street or abutting at the point of a lot corner, shall be issued individual notices mailed to their contact address of record, notifying them of the Appeal and notifying them of the public hearing; such individual notices shall be mailed at least ten (10) calendar days prior to the public hearing date.

(Ord. 87-2025. Passed 1-12-26.)

   The Board of Zoning Appeals or City Council, during its public hearing, shall hear the appellant and may ask questions of the administrator whose decision, determination, or interpretation is being appealed. The Board of Zoning Appeals or City Council may also choose to allow for public testimony by any member of the general public invited to speak by the Board of Zoning Appeals or City Council. The Board of Zoning Appeals or City Council, where its members have determined by vote that an error or other mistake was made during the administrative interpretation, decision, or determination, shall override the administrative interpretation, decision, or determination, and the Board of Zoning Appeals or City Council decision shall be final and immediate; however, the decision of the Board of Zoning Appeals or City Council may be appealed to the County Common Pleas Court within the timeline set by that court. (Ord. 87-2025. Passed 1-12-26.)

   By the end of the next business day following the hearing of the Board of Zoning Appeals or City Council, the Board of Zoning Appeals or City Council shall communicate its decision regarding the appeal to the Building Commissioner or their designee. The Building Commissioner or their designee shall, within seventy-two (72) hours of the public hearing by the Board of Zoning Appeals, share the decision with other City departments, including the Law Department, the Economic Development Department, and the Planning Commission.

(Ord. 87-2025. Passed 1-12-26.)

   No appeal may be re-heard by the Board of Zoning Appeals or City Council; challenges to the decision of the Board of Zoning Appeals or City Council shall be directed to the County Common Pleas Court. (Ord. 87-2025. Passed 1-12-26.)

   A change of the zoning district designation of a parcel or portion of a parcel may be proposed by the landowner of that parcel, by City staff, by a member of City Council, or by a member of the Planning Commission by submitting a zoning district map amendment form to the Building Commissioner or their designee.

(Ord. 87-2025. Passed 1-12-26.)

   Once a complete zoning district map amendment form is received by the Building Commissioner or their designee, the Building Commissioner or their designee shall transmit the proposal to the Planning Commission.

(Ord. 87-2025. Passed 1-12-26.)

   Once a proposal for a zoning district map amendment is received by the Planning Commission, it shall add such proposal to the agenda of its next regularly scheduled public meeting. When the next regularly scheduled public meeting is within fourteen (14) days of the date of receipt of the proposal, the Planning Commission may chose to instead add the proposal to the agenda of the following regularly scheduled public meeting in order to allow for proper preparation and notification of the meeting.

(Ord. 87-2025. Passed 1-12-26.)

   The Planning Commission shall release a public notice (both by digital medium and print) to advertise the agenda of the public meeting addressing the proposed zoning district map change. Print notices are to be posted in a weekly locally circulating newspaper on the same page or article section as those public notices for City Council’s meetings. Furthermore, all landowners of parcels within 200 feet of the centerpoint of the parcel in question and all landowners of parcels that abut the parcel or structure in question, including those that “abut” the parcel in question despite being across a public street or abutting at the point of a lot corner, shall be issued individual notices mailed to their contact address of record, notifying them of the proposed zoning district map amendment and notifying them of the public meeting; such individual notices shall be mailed at least ten (10) calendar days prior to the public meeting date.

(Ord. 87-2025. Passed 1-12-26.)

   The Planning Commission, during its public meeting, shall consider the merits of the proposed zoning district map change and consider its congruence with the objectives of the most recent adopted comprehensive plan and the comprehensive plans of adjacent communities, future societal changes (such as migration, housing demand, and environmental and economic conditions), potential impacts to adjacent landowners, and future development projects in the vicinity. The Planning Commission shall then take a vote on recommending or not recommending the proposed zoning district map amendment.

(Ord. 87-2025. Passed 1-12-26.)

   The Planning Commission shall forward its decision to recommend or not recommend the proposed zoning district map amendment to City Council. City Council shall then add the proposed zoning district map amendment to its next public agenda; however, where the next public meeting is within nine days, the City Council may chose to instead add the proposed zoning district map amendment to the following public meeting agenda to allow for adequate time to review the proposal and provide public notice.

(Ord. 87-2025. Passed 1-12-26.)

   The City Council shall then evaluate the proposed zoning district map amendment. It shall vote on adopting the proposed zoning district map amendment by ordinance after the required number of readings, as determined by the City Charter and the bylaws of the City Council.

   (A)    When the Planning Commission recommended the adoption of the proposed zoning district map amendment, the ordinance shall pass when it receives a simple majority of votes by City Council; however

   (B)    When the Planning Commission did not recommend the adoption of the proposed zoning district map amendment, the ordinance shall pass when it receives at least two-thirds of votes of the present and voting members of City Council, also provided that the present and voting members of City Council constitute a quorum. (Ord. 87-2025. Passed 1-12-26.)

   By the end of the next business day following the City Council meeting, the City Council’s Clerk shall communicate its decision regarding the zoning district map amendment to the Building Commissioner or their designee. The Building Commissioner or their designee shall, within seventy-two (72) hours of the City Council meeting, share the decision with other City departments, including the Law Department, the Economic Development Department, and the Planning Commission; they shall also transmit the zoning district map change to the County for its records.

(Ord. 87-2025. Passed 1-12-26.)

   Zoning district map changes are, in general, not appealable, as they are enacted by ordinance (legislative acts of City Council). However, where such an ordinance may be the cause of damages or a taking, one may consider consulting with an attorney that specializes in land use law.

(Ord. 87-2025. Passed 1-12-26.)

   A change of the text, whether a number, a word, a sentence, or multiple sentences, of the Planning and Zoning Code may be proposed by the Building Commissioner, by a member of City Council, or by a member of the Planning Commission by submitting a proposal to the Law Department. (Ord. 87-2025. Passed 1-12-26.)

   Once a complete zoning text amendment proposal is received by the Law Department, the Law Department shall transmit the proposal to the Planning Commission.

(Ord. 87-2025. Passed 1-12-26.)

   Once a proposal for a zoning text amendment is received by the Planning Commission, it shall add such proposal to the agenda of its next regularly scheduled public meeting. When the next regularly scheduled public meeting is within fourteen (14) days of the date of receipt of the proposal, the Planning Commission may choose to instead add the proposal to the agenda of the following regularly scheduled public meeting in order to allow for proper preparation and notification of the meeting. (Ord. 87-2025. Passed 1-12-26.)

   The Planning Commission shall release a public notice (both by digital medium and print) to advertise the agenda of the public meeting addressing the proposed zoning text amendment. Print notices are to be posted in a weekly locally circulating newspaper on the same page or article section as those public notices for City Council’s meetings.

(Ord. 87-2025. Passed 1-12-26.)

   The Planning Commission, during its public meeting, shall consider the merits of the proposed zoning text amendment and consider its congruence with the objectives of the most recent adopted comprehensive plan and the comprehensive plans of adjacent communities, future societal changes (such as migration, housing demand, and environmental and economic conditions), potential impacts to adjacent landowners, and future development projects in the vicinity. The Planning Commission shall then take a vote on recommending or not recommending the proposed zoning text amendment.

(Ord. 87-2025. Passed 1-12-26.)

   The Planning Commission shall forward its decision to recommend or not recommend the proposed zoning text amendment to City Council. City Council shall then add the proposed zoning text amendment to its next public agenda; however, where the next public meeting is within nine days, the City Council may choose to instead add the proposed zoning text amendment to the following public meeting agenda to allow for adequate time to review the proposal and provide public notice. (Ord. 87-2025. Passed 1-12-26.)

   The City Council shall then evaluate the proposed zoning text amendment. It shall vote on adopting the proposed zoning text amendment by ordinance after the required number of readings, as determined by the City Charter and the bylaws of the City Council.

   (A)    When the Planning Commission recommended the adoption of the proposed zoning text amendment, the ordinance shall pass when it receives a simple majority of votes by City Council; however

   (B)    When the Planning Commission did not recommend the adoption of the proposed zoning district map amendment, the ordinance shall pass when it receives at least two-thirds of votes of the present and voting members of City Council, also provided that the present and voting members of City Council constitute a quorum. (Ord. 87-2025. Passed 1-12-26.)

   By the end of the next business day following the City Council meeting, the City Council’s Clerk shall communicate its decision regarding the zoning text amendment to the Law Director. The Law Director, within seventy-two (72) hours of the City Council meeting, share the decision with other City departments, including the Building Commissioner, the Economic Development Department, and the Planning Commission; the Law Director shall also transmit the zoning text amendment to the online publisher of the Codified Ordinances (at the time of this Planning and Zoning Code’s writing, such online publisher was American Legal Publishing).

(Ord. 87-2025. Passed 1-12-26.)

   Zoning text amendments are, in general, not appealable, as they are enacted by ordinance (legislative acts of City Council). However, where such an ordinance may be the cause of damages or a taking, one may consider consulting with an attorney that specializes in land use law. (Ord. 87-2025. Passed 1-12-26.)

   For more details on processes related to the subdivision or the consolidation of one or more lots, please refer to the Subdivision Control title of the City's Codified Ordinances.

(Ord. 87-2025. Passed 1-12-26.)

   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit.

(Ord. 87-2025. Passed 1-12-26.)

   Whenever the City determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:

   (A)    Be put in writing on an appropriate form;

   (B)    Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;

   (C)    Specify a reasonable time for performance;

   (D)    Advise the owner, operator, or occupant of the right to appeal;

   (E)    Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.

(Ord. 87-2025. Passed 1-12-26.)

   Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a first-degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Garfield Heights. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Garfield Heights from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Garfield Heights shall prosecute any violation of these regulations in accordance with the penalties stated herein.

(Ord. 87-2025. Passed 1-12-26.)

   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable. Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable. (Ord. 87-2025. Passed 1-12-26.)