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Highland Heights City Zoning Code

TITLE ONE

Zoning Administration and Enforcement

1101.01 GENERAL TERMS.

   The following terms shall have, throughout this Zoning Code, the meanings given herein:
   (a)    The word "shall" is to be interpreted as mandatory and not directory; the word "may" is permissive;
   (b)    The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for" or "occupied for";
   (c)    All words used in the singular include the plural, and all words used in the present tense include the future tense, unless the context clearly indicates the contrary;
   (d)    "City" means the City of Highland Heights, and the term "Commission" means the Planning and Zoning Commission of Highland Heights;
   (e)    "Building official" means the Building Commissioner.
      (Ord. 21-1963. Passed 7-9-63.)

1101.02 AREAS.

   (a)    "Area of dwelling unit" means the sum of the gross floor areas above the basement level, including those spaces having a minimum ceiling height of seven feet and having the natural light and ventilation as required by the Building Code; areas above the first floor may be included which are connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall of five feet if two-thirds of the room area has a minimum ceiling height of seven and one-half feet. The area shall be measured from the interior face of exterior walls of main buildings and the interior face of knee walls under a pitched roof. Excluded are garages, utility and general storage rooms in basementless houses, and public halls in multi-family dwellings.
   (b)    "Area of buildings" means the area at the ground level of the main building and all accessory buildings (excluding uncovered porches, terraces and steps) measured from the outside surface of exterior walls.
   (c)    "Area of lot" means the total horizontal area within the lot boundary lines of a lot.
   (d)    "Block" means an area of land bounded by streets, public parks, limited access rights of way or by other definite limits. (Ord. 21-1963. Passed 7-9-63.)

1101.03 BUILDINGS AND STRUCTURES.

   (a)    “Structure” means anything constructed or erected, the use of which requires a fixed location on the ground or is attached to something having a fixed location on the ground; and; including, but not limited to buildings, barriers, bridges, decks, fences, gazebos, outdoor skating facilities, platforms, pools, poles, backstops for tennis courts, pergolas, patios, paved areas, sidewalks, tanks, tents, towers, sheds, and walls.
(Ord. 12-2006. Passed 5-9-06.) 
   (b)    "Building" means a structure used as a shelter or roofed enclosure for persons, animals and/or property. This term shall be used synonymously with "structure" unless otherwise noted, and shall be construed as if followed by the words "or parts thereof".
   (c)    "Main building" means the building occupied by the chief use or activity on the premises, all parts of which are connected in a substantial manner by common walls or a continuous roof.
   (d)    "Accessory building" means a subordinate building detached from the main building the use of which is customarily incident to that of the main building or use.
   (e)    "Building line" or "setback line" means a line established by this Zoning Code defining the limits of a yard in which no building or structure above ground may be located, except as otherwise provided herein. (Ord. 21-1963. Passed 7-9-63.)
   (f)    "Attached building or structure" means a building or structure connected to the main use building by a common roofline and which has a connecting door with the main use building.
   (g)    "Detached building or structure" means any building or structure that does not meet the definition of "attached building or structure" as defined in subsection (f) hereof.
(Ord. 53-1982. Passed 9-28-82.)

1101.04 DWELLINGS.

   (a)    "Dwelling unit" means a building or part of a building consisting of a room, or a suite of rooms, arranged, intended or designed for occupancy by one family for living, sleeping and cooking facilities.
   (b)    "Dwelling" means a building designed or occupied exclusively for nontransient residential use (including only one-family, two-family or apartment houses).
   (c)    "One-family dwelling" means a main building consisting of one dwelling unit, detached or separated from other dwelling units by specified side, front and rear yards.
   (d)    "Two-family dwelling" means a main building consisting of two dwelling units.
   (e)    "Duplex dwelling" means a two-family dwelling in which the units are attached by a contiguous party wall, each unit having its main entrance on a different facade of the building.
   (f)    "Multi-family dwelling" means a main building consisting of three or more dwelling units with varying arrangements of entrances and party walls, including apartment house.
   (g)    "Rooming house" means a building operated by a resident family accommodating, for compensation, not over three persons, inclusive.
   (h)    "Hotel" means a building containing living and sleeping accommodations (no cooking facilities within a unit) for transient occupancy and having a common entrance or entrances.
   (i)    "Motel" means a building or buildings (detached or semi-detached) having separate entrances, and containing primarily overnight sleeping accommodations (no cooking facilities within a unit) for compensation.
(Ord. 21-1963. Passed 7-9-63; Ord. 48-1971. Passed 1-25-72.)

1101.05 FAMILY.

   "Family" means one or more persons related by blood, marriage or law, occupying a dwelling unit as a single nonprofit housekeeping unit. (Ord. 21-1963. Passed 7-9-63.)

1101.06 GARAGES, PARKING AREAS AND SERVICE STATIONS.

   (a)    "Private garage" means an accessory building or part of the main building, used for the parking or temporary storage of the occupants' (of one or two-family dwellings) passenger automobiles, and in which no occupation, business or service can be conducted for remuneration.
   (b)    "Storage garage" means an accessory building or part of the main building, other than a private garage, used for the parking or temporary storage of passenger automobiles, and in which no occupation, business or service can be conducted for remuneration.
   (c)    "Repair garage" means a main or accessory building in which general repair work is performed on motor vehicles.
   (d)    "Service garage" means a repair garage accessory to an automobile salesroom.
   (e)    "Accessory parking area" means an open or enclosed area (other than a street or driveway) accessory to a dwelling or other building, and used for the parking of passenger automobiles for occupants, their guests or customers, but customers' cars or other vehicles shall not be stored in the open overnight, except upon the procurement of a conditional use permit.
   (f)    "Public parking area" means an open or enclosed area (other than an accessory parking area) used for passenger automobile parking, with or without a fee.
   (g)    "Sales lot" means an open area used for the display, sales or rental of new or used motor vehicles, in which no repair work (except minor and incidental to items sold) is performed.
   (h)    "Service station" means a building and/or land used for retail sale of gasoline, lubricants and motor vehicle accessories, as well as used for minor service and repairs, none of which is accompanied by objectionable fumes, noise or noxious odors.
(Ord. 21-1963. Passed 7-9-63; Ord. 36-1974. Passed 12-10-74.)

1101.07 GRADES.

   (a)    "Established street grade" means the elevation established by the City, at the roadway center line or curb in front of the lot.
   (b)    "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the building.
   (c)    "Finished grade" means the elevation of the finished surface of the ground adjoining the building but which shall not be higher or lower than the established street grade, unless the Building Commissioner finds that the natural grade or the grade set by established building varies from such established street grade.
The finished grade of a building located on a corner lot shall be established by the Building Commissioner, so that the optimum grade is set and recognizes both streets.
(Ord. 21-1963. Passed 7-9-63.)

1101.08 HEIGHT OF BUILDINGS.

   "Height of a building" means the vertical distance measured at the center line of its principal front from the grade level or, if there is no established grade level, from the natural grade to the level of the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height of the highest gable of a pitched roof, or to half the height of a hipped roof. Where no roof beams exist or where there are structures wholly or partly above the roof, the height shall be measured to the level of the highest point of the building. (Ord. 21-1963. Passed 7-9-63.)

1101.09 HOME OCCUPATIONS AND PROFESSIONAL OFFICES.

   (a)    "Home occupation" means a gainful occupation accessory to the household, conducted wholly within a dwelling only by members of the resident family.
   (b)    "Home professional office" means an office (generally secondary) accessory to and located in the home of a person practicing in any of the recognized professions.
(Ord. 21-1963. Passed 7-9-63.)

1101.10 LOADING SPACE.

   "Loading space" means an open or enclosed space used for the temporary parking of a commercial vehicle while its goods are being loaded or unloaded.
(Ord. 21-1963. Passed 7-9-63.)

1101.11 LOTS.

   (a)    "Zoning lot" means a single tract of land abutting a dedicated street, occupied by a use, building or group of buildings and their accessory uses and buildings, together with such open spaces as are required by this Zoning Code.
   (b)    "Corner lot" means a lot abutting on two streets at their intersections, where the interior angle of intersection is not more than 135 degrees.
   (c)    "Interior lot" means a lot other than a corner lot.
   (d)    "Lot line" means the boundary of a given lot separating it from adjoining public or private land.
   (e)    "Front lot line" means either a lot line separating a given lot from the street upon which it abuts, in the case of an interior lot, or the lot line along the more important of the two intersecting streets of a corner lot.
   (f)    "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line.
   (g)    "Side lot line" means a lot line which is neither a front nor rear lot line.
   (h)    "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.
   (i)    "Lot width" means the horizontal distance of a lot measured along the building line at a right angle to the mean lot depth line. (Ord. 21-1963. Passed 7-9-63.)

1101.12 MEDICAL CENTER.

   "Medical center" (or clinic) means a building used as a laboratory for diagnosis, or as a minor operating room or office for the treatment and care of human ailments.
(Ord. 21-1963. Passed 7-9-63.)

1101.13 NONCONFORMING BUILDING AND USE.

   (EDITOR'S NOTE: This section was repealed by Ordinance 10-1975, passed April 8, 1975. See Chapter 1133 for relevant provisions.)

1101.14 OCCUPANCY CERTIFICATE.

   "Occupancy certificate" means a statement issued by the Building Commissioner asserting that a given building, other structure or parcel of land is in compliance with all existing codes, and hence may be used lawfully for designated purposes.
(Ord. 21-1963. Passed 7-9-63.)

1101.15 STREET.

   "Street" means a public thoroughfare affording the principal means of access to abutting property. (Ord. 21-1963. Passed 7-9-63.)

1101.16 USE.

   (a)    "Use" is a term employed to refer to:
      (1)    Any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied; or
      (2)    Any occupation, business, activity or operation carried on in a building or other structure or on land.
   (b)    "Main use" means the principal purpose or activity of a lot, building or other structure.
   (c)    "Accessory use" means a use, located on the same lot with the main use, but incidental to the main use of the main building or land.
   (d)    "Conditional use" means an uncommon use requiring a conditional use permit, which may be permitted in specific districts subject to certain explicit conditions.
(Ord. 21-1963. Passed 7-9-63.)

1101.17 VARIANCE.

   "Variance" means a modification of this Zoning Code, permitted in instances where a literal application of these provisions would result in undue hardship to the property owner in question as a result of some peculiar condition or circumstance pertaining to a given piece of property. (Ord. 21-1963. Passed 7-9-63.)

1101.18 YARDS AND COURTS.

   (a)    "Yard" means an open space located between a building and the nearest lot line generally unoccupied and unobstructed from the ground upward.
   (b)    "Front yard" means the yard extending from the building line to the front lot line (street line) across the full width of the lot.
   (c)    "Rear yard" means the yard extending from the rear line of the building to the rear lot line across the full width of the lot.
   (d)    "Side yard" means the yard extending from the front yard to the rear yard, between the side lot line and the nearest line of the building, or in the case of a side street yard on a corner lot, the yard extending from the front yard to the rear lot line.
   (e)    "Court" means an open space, other than a yard, bounded on two or more sides by the exterior walls of the building, or bounded by exterior walls and lot lines of a building. (Ord. 21-1963. Passed 7-9-63.)

1101.19 ZONING CODE.

   “Zoning Code” means Ordinance 21-1963, passed July 9, 1963, as amended, and as codified in Titles One through Five of this Part Eleven - Planning and Zoning Code of the Codified Ordinances of Highland Heights. (Ord. 21-1963. Passed 7-9-63.)

1103.01 GENERAL PURPOSES.

   This Zoning Code is adopted to promote and protect the public health, safety, convenience, comfort, prosperity and/or the general welfare:
   (a)    By regulating the use of buildings and land for residence, business, manufacturing or other purposes;
   (b)    By regulating the area and dimensions of land, yards and other open spaces;
   (c)    By regulating and restricting the bulk, height, design, percent of lot coverage and location of buildings;
   (d)    By regulating population density;
   (e)    And, for the aforesaid purposes, to divide the City into districts of such number and dimensions as may be deemed best suited to carry out these regulations. (Ord. 21-1963. Passed 7-9-63.)

1103.02 SPECIFIC PURPOSES.

   The specific purposes are:
   (a)    To protect the character and values of residential, business, manufacturing, institutional and public areas, and to insure their orderly and beneficial development;
   (b)    To provide adequate open spaces for light and air; to prevent overcrowding of the land; to prevent excessive concentration of population and, on the other extreme, to prevent sparse and uncoordinated development;
   (c)    To locate buildings and uses in relation to streets in a way that will cause the least interference with, and be damaged least by traffic movements, and hence result in lessened street congestion and improved public safety;
   (d)    To insure adequate provisions for sewers, water supply and other public utilities, as well as for recreation, schools and other public facilities; and
   (e)    To guide the future development of the City so as to bring about the gradual conformity of land and building uses in accordance with a comprehensive plan. (Ord. 21-1963. Passed 7-9-63.)

1103.03 RELATION TO OTHER REGULATIONS.

   (a)    The provisions of this Zoning Code shall not annul or in any way interfere with existing codes, laws, rules, regulations or permits previously adopted or issued.
   (b)    Where this Zoning Code is more restrictive as to the use of buildings or land, and/or limits the height or bulk of buildings, or requires larger areas and yards than are required by other codes, laws, ordinances, rules or regulations, this Zoning Code shall govern; conversely, other regulations shall govern where they are more restrictive in nature than this Zoning Code.
   (c)    This Zoning Code shall not be construed as removing or rendering inoperative any deed or land restriction formerly established by restrictive covenants running with the land to which the City is a part, easements or other agreements between parties.
(Ord. 21-1963. Passed 7-9-63.)

1103.04 INTENT OF ADMINISTRATIVE PROCEDURES.

   Administrative procedures set forth in this Zoning Code are established to aid the Planning and Zoning Commission, Building Commissioner and other officials in putting into effect the requirements of this Zoning Code. (Ord. 21-1963. Passed 7-9-63.)

1103.05 MINIMUM REQUIREMENTS.

   In general, these provisions, in order to promote the purposes of this Zoning Code, shall be regarded as minimum requirements, and shall not be construed as discouraging or prohibiting the application of requirements of higher standards. (Ord. 21-1963. Passed 7-9-63.)

1103.06 CONFLICT, HIGHER STANDARDS TO PREVAIL.

   Where two or more provisions of this Zoning Code cover the same subject matter, those restrictions shall govern which impose the higher standards.
(Ord. 21-1963. Passed 7-9-63.)

1103.07 SEPARABILITY.

   The chapters, sections, subsections, districts and building lines forming part of or established by this Zoning Code, in the several parts, provisions and regulations thereof, are hereby declared by Council as independent chapters, sections, subsections, districts, building lines, parts, provisions and regulations. The holding of any chapter, section, subsection, district, building line, part, provision or regulation thereof to be unconstitutional, void or ineffective for any cause shall not affect or render invalid any other such chapter, section, subsection, district, building line, part, provision or regulation thereof.
(Ord. 21-1963. Passed 7-9-63.)

1103.08 TEMPORARY MORATORIUM.

   The application of this Zoning Code for new retail establishments will be temporarily suspended until such time as a study concerning retail development in northeast Ohio is completed by the Cuyahoga County Planning Commission. The effect of this suspension is intended to prohibit new retail development until the Planning Commission data will permit an evaluation of future retail establishments to ensure they are consistent with the City's Master Plan. (Ord. 36-1997. Passed 2-9-97.)

1105.01 COMPLIANCE PROCEDURE.

   Compliance with the provisions of this Zoning Code shall be obtained by the following procedures:
   (a)    Zoning clearance.
      (1)    Conditional use permit (when applicable).
      (2)    Determination of similar uses (when applicable).
   (b)    Building permit.
   (c)    Certificate of occupancy. (Ord. 21-1963. Passed 7-9-63.)

1105.02 ENFORCEMENT PROCEDURE.

   Enforcement of the provisions of this Zoning Code, except where otherwise specifically provided, shall be obtained by the following procedures:
   (a)    Inspection and order by the Building Commissioner for removal of violations.
   (b)    Liability for failure to comply.
   (c)    Serving an injunction. (Ord. 41-1988. Passed 5-4-88.)

1105.03 PERMITS OR CERTIFICATES IN CONFLICT WITH CODE.

   All public officials of the City vested with the duty and authority to issue legal documents shall not issue permits or certificates for any building or use that would result in conflict with provisions of this Zoning Code. However, should such a permit or certificate in conflict with the provisions of this Zoning Code be issued, it shall be deemed null and void. (Ord. 21-1963. Passed 7-9-63.)

1105.04 INSPECTION; REMOVAL OF VIOLATION.

   The Building Commissioner is empowered to inspect, examine and to issue a stop order for the purpose of correcting any condition found to exist in violation of any provision of this Zoning Code. After such an order is posted on the premises, no work, except to correct such violation, shall proceed on any building or tract of land included in the violation.
(Ord. 21-1963. Passed 7-9-63.)

1105.99 PENALTIES.

   (a)    All persons or corporations who violate any of the provisions or requirements of this Zoning Code or fail to comply herewith, or who shall build in violation of a detailed statement of plans submitted and approved thereunder, and the owner of any building, structure or tract of land (or part thereof) where anything in violation of this Zoning Code shall be placed, or shall exist, and any person, firm or corporation who may be employed to assist in the commission of any such violation shall, for each and every violation or noncompliance, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00). Each day during which such violation shall continue shall constitute a separate offense.
   Irrespective of other penalties provided herein, any person, firm or corporation who constructs a driveway turnaround in violation of Section 1123.19(e) shall be guilty of a misdemeanor of the third degree on a first offense and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) and upon a second offense shall be guilty of a misdemeanor of the first degree and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000). Each day during which such violation continues shall constitute a separate offense. In addition, should the Planning and Zoning Commission deny a variance for the improperly constructed driveway turnaround then the driveway turnaround shall be removed and the ground on which it existed be returned substantially to the same condition prior to its installation. In the event that such driveway turnaround was installed by a person, firm or corporation other than the person residing at the premises, then the same shall be removed at no additional cost to the resident. (Ord. 65-1986. Passed 1-13-87.)
   (b)    In the event any building or structure is being erected, constructed, altered, repaired or maintained in violation of the provisions of this Zoning Code, or there is imminent threat of violation, the City or the owner of any contiguous or neighboring property who would be especially damaged by such violation may institute and maintain, in addition to any other remedies provided by law, a suit for injunction to terminate or prevent such violation. (Ord. 21-1963. Passed 7-9-63.)

1107.01 BUILDING PERMIT AND ZONING CERTIFICATE REQUIRED.

   No excavation or site improvements shall be started, nor shall any buildings or structures be erected, altered or moved, until a building permit and zoning certificate have been applied for by the owner of the premises or a person legally acting under written authority of such owner, and issued by the Building Commissioner.
   (a)    Compliance with Zoning Regulations. Permits shall be issued by the Building Commissioner only if the work described in the application clearly complies with all provisions of this and other Municipal codes. Where work does not comply, the Building Commissioner shall not have powers to grant variances or make exceptions.
   (b)    Conditional Use Permit Required. No building permit for any of the buildings or uses requiring a conditional use permit shall be issued until such permit has been applied for and issued in compliance with Chapter 1109.
   (c)    Determination of Similar Use Required. No building permit for any building or use shall be issued for any similar use not specifically listed in this Zoning Code until similar use determination has been made.
(Ord. 21-1963. Passed 7-9-63.)

1107.02 WITHHOLDING PERMITS OR CERTIFICATES.

   (a)    When Amendment is Pending. No building permits or certificates of occupancy for change in use shall be issued during the period of a pending amendment, whether recommended by the Commission or introduced by Council, if such amendment would affect the building or use applied for, but such permit shall not be withheld for more than ninety days after the application is submitted, or after final action by Council has been taken, whichever is the shorter period.
   (b)    When Lot Does Not Comply. No building permit shall be issued for a residential building on a lot unless such lot complies with the following:
      (1)    The lot shall abut for the required width upon a dedicated street or upon a street in which dedication is pending, and
      (2)    All required improvements (utilities, pavement, etc.) shall be constructed, or their construction assured, and
      (3)    The lot shall be located in a duly recorded subdivision or resubdivision, or a lot of record which has been approved by the Commission and complies with all the requirements of this Zoning Code and the City Subdivision Regulations. (Ord. 21-1963. Passed 7-9-63.)

1107.03 REQUIRED DRAWINGS TO ACCOMPANY APPLICATIONS.

   All applications for a building permit shall be accompanied by:
   (a)    A plat showing the dimensions of the lot to be developed, lot number, information as to any unusual natural or topographic features and evidence that the lot has been surveyed and properly located;
   (b)    A site plan drawn to scale, showing the location of proposed and existing buildings, driveways, walks, proposed finished grades and the dimensions of the aforesaid features; the locations, dimension and use of all buildings on adjacent lots within fifty feet from the boundaries thereof;
   (c)    Such other drawings, colored renderings, data, exterior material samples and other information as may be required in accordance with the provisions of Chapter 1111;
   (d)    Each application shall be accompanied by a filing fee, as established in Section 1311.03 of the Codified Ordinances; and
   (e)    A statement evidencing that the building plans for structures other than one- family and two-family dwellings have been approved by the Division of Factory and Building Inspections of the State.
(Ord. 29-1967. Passed 9-12-67.)

1107.04 REVIEW OF APPLICATIONS.

   All applications for building permits with accompanying drawings, renderings, data and material samples to be used shall be submitted to the Building Commissioner. After processing same, he shall submit such applications as follows:
   (a)    One-Family and Two-Family Dwellings. The Building Commissioner shall submit to the Chairman of the Architectural Review Board, in the order received, all applications for building permits for the above mentioned buildings, and the accompanying drawings, specifications, data and material.
The Board shall review all such applications, as provided in Chapter 1111. When an application is approved by the Board, or the Planning and Zoning Commission, the Building Commissioner shall issue a building permit.
   (b)    Multi-Family, Institutional, Business, Commercial and Industrial Buildings. The Building Commissioner shall submit to the Chairman of the Commission two copies of all applications for the above mentioned buildings, together with all accompanying data and material. This requirement shall apply to new construction and alterations or additions to existing buildings of these types. Further, the Building Commissioner shall make a preliminary review of the drawings and materials presented, for conforming to existing zoning and building requirements for the building district involved, and shall notify the Chairman of the Commission of his findings.
   Upon receipt of the application and all accompanying material, the Chairman of the Commission shall proceed to place the request on the agenda of the next regular meeting of the Commission, provided only that the application and material shall have been filed with the Building Commissioner at least three days prior to the date of such scheduled regular meeting. If the application and material shall not have been submitted at least three days prior to the next regular meeting, the Chairman of the Commission may place this on the agenda of the next succeeding regular meeting of the Commission.
   The purpose of placing this on the agenda shall be for the Commission to make a determination as to whether the application and material are complete in all respects as required by ordinance and whether the application complies with the Zoning Code and other ordinances of the Municipality. If the Commission determines that the application is not valid and complete in all respects, it shall return the application and material to the applicant, notifying him in writing in what manner the application is deficient or in violation of the Zoning Code and other regulations.
   If the Commission determines that the application is complete and sufficient in all respects, the Chairman of the Commission shall transmit a copy of the application, together with all accompanying data and material, to the Chairman of the Architectural Review Board for its review, report and recommendation. The Board shall, within twenty-eight days from receiving such application, provide and furnish to the Commission its report and recommendation.
   Within forty days after an application shall have been deemed by the Commission to be valid and sufficient in all respects, or at such longer time as may be agreed to by the applicant and the Commission, the Commission shall evaluate the development proposal, together with the report and recommendations of the Board, and shall either approve or disapprove the application.
   If the application for a building permit is approved by a majority vote of the Commission, the Building Commissioner shall issue a building permit, provided, however, rulings of the Commission relative to such application shall be final two weeks after the date of decision, unless such decision is reviewed by Council upon its own initiative and is overruled, modified or affirmed by a vote of at least five members of Council.
   (c)    Lapse of Building Permit. Failure to begin the construction of all, or a substantial portion of the building or other improvements approved by the Commission within one year after the issuance of a permit shall make null and void the approval, unless an extension of time is granted by the Commission.
   (d)   Issuance of Building Permit. A building permit shall be issued within five days following approval as provided in subsections (a) or (b) hereof, provided that the applicant has made payment of all construction, occupancy, utility and sanitary fees and/or bonds as required in Chapter 1311 of the Codified Ordinances.
   (e)    Duration of Building Permit. A building permit shall be issued for a period of time which coincides with that established under Chapter 1109.
      (Ord. 29-1967. Passed 9-12-67.)

1107.05 CERTIFICATE OF OCCUPANCY REQUIRED.

   A certificate of occupancy shall be applied for by the owner or his agent according to the ordinance requirements of the City, and shall be issued by the Building Commissioner as a condition precedent to the occupancy of the following types of building and land use:
   (a)   Use of Building Erected or Altered. A certificate of occupancy for erection of a new building or an addition to or an alteration of an existing building shall be applied for at the same time as the application for a building permit. The certificate shall be issued only after the erection or alteration of such building has been completed and found, by inspection, to be in conformity with the provisions of this Zoning Code. The applicant for a building permit, owner and/or agent, shall be held responsible for completing the work until the certificate of occupancy is issued. In the event that a building is completed and found, by inspection, to be in conformity with the provisions of this Zoning Code except for completed landscaping on the premises, and the owner desires to take possession of the building prior to the completion of the landscaping on the premises, then before a certificate of occupancy is issued the owner shall certify, in writing, in a form to be approved by the Building Commissioner, that such owner shall be responsible for completing the landscaping on the premises, which landscaping shall include but not be limited to the final grade and seeding, and which shall be completed in accordance with the approved final grade plan.
   Pending the issuance of a regular certificate, a temporary certificate for partial occupancy of a building may be issued for a period not exceeding 120 days, during which time the work shall be completed. A completion bond, the amount as specified in Chapter 1311 of the Codified Ordinances, shall be provided.
   (b)    Change in Use of Conforming Building or Land. A certificate of occupancy shall be required for the use of vacant land or for a change in the use of a conforming building or land, and shall be issued when found by inspection to be in conformity with provisions of this Zoning Code.
   (c)    Change in Use of Nonconforming Building or Land. A certificate of occupancy shall be required and issued whenever a nonconforming building or land is found by the Commission to be changed to either a conforming use or a more restrictive nonconforming use as regulated in this Zoning Code.
      (Ord. 7-1983. Passed 2-22-83.)

1107.06 CERTIFICATE FOR EXISTING BUILDING OR LAND USE.

   Upon application by the owner, the Building Commissioner shall inspect a building or tract of land existing at the effective date of this Zoning Code (Ord. 21-1963, passed July 9, 1963) and shall issue a certificate of occupancy therefor, certifying:
      (a)    The use of the building or land;
      (b)    Whether such use conforms to all the provisions of this Zoning Code; and
      (c)    Condition of unoccupied areas of lot. (Ord. 21-1963. Passed 7-9-63.)

1107.07 APPLICATION AND FEE.

   (a)    Applications for a certificate of occupancy shall be submitted with accurate information given by the owner or his agent as to size and location of the lot, the dimensions of all yards and open spaces, the use of land or building and all such information as may be included on a printed form to be furnished by the City.
   (b)    A record of all applications and certificates issued shall be kept on file in the office of the Building Commissioner, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
   (c)    A fee, as provided in Section 1311.02(b)(6) of the Codified Ordinances, shall be charged for each original certificate of occupancy, or duplicate copies of such certificate. However, whenever a building permit is required, the fee for the original certificate of occupancy shall be included in the building permit fee.
(Ord. 21-1963. Passed 7-9-63.)

1109.01 ISSUING PERMITS.

   Conditional use permits may be granted for the uncommon and infrequent uses listed in the following sections, which are permitted in specific districts, provided they fulfill a community need and conform to certain standards.
(Ord. 21-1963. Passed 7-9-63.)

1109.02 APPLICATIONS; COMMISSION ACTION; COUNCIL REVIEW.

   (a)    Application for a conditional use permit shall be made to the Commission, on forms furnished by the Commission, together with payment of a deposit as required by Section 1113.05. The Commission shall conduct a public hearing on each such application, notice of which shall be posted for two successive weeks prior to the public hearing in a newspaper of general circulation in the Municipality.
   (b)   Planning Commission Review. The Planning Commission shall base its review of a proposed Conditional Use upon the complete application, upon any staff report, and upon any relevant and credible testimony presented during the public hearing. If the Planning Commission finds that the information provided is insufficient to make a determination, it may suspend its review until sufficient information has been provided.
   (c)   Planning Commission has no obligation to recommend approval and City Council has no obligation to approve a Conditional Use. This Zoning Code assumes that the uses listed in this section are appropriate as long as the applicant proves that the use will not be detrimental to the public health, safety, or general welfare of the City or the neighborhood in which it is proposed.
   (d)   Applicants shall prove that potential negative impacts of elements such as location, size and extent of facilities and operations, site design, traffic generation, site access, and potential impact upon public facilities will be adequately mitigated.
   (e)   Following the Commission's review of the application and conclusion of the public hearing, the Commission shall take action by majority vote, approval, approval with conditions, or denial of an application as presented and shall clearly state the findings upon which its recommendation is based.
   (f)    The Planning Commission shall base its decision to Council upon how well the application satisfies the Evaluation Standards and Criteria for the proposed use. In its recommendation, Planning Commission may impose more strict regulations and any additional conditions, guarantees, and safeguards it deems necessary to satisfy the purposes of this Zoning Code.
   (g)   If the Commission fails to take such action upon the application within forty-five days of receipt thereof, such application shall be deemed to have been refused, unless an extension has agreed to by the applicant.
   (h)    Confirmation by Council. Council shall review the Planning Commission's decision within twenty-one (21) days. Council shall either approve, deny or amend the Planning Commission's decision by a majority vote of (5) members of Council and Council is thereby empowered to take such action.
(Ord. 32-2020. Passed 11-10-20.)

1109.03 SCHEDULE OF USES REQUIRING PERMITS.

   Conditional use permits may only be issued for the specific uses and in the specific districts established throughout this Zoning Code or listed in this section.
   (a)    Public institutional buildings: schools, libraries, churches, kindergartens, day nurseries, parochial schools, colleges, seminaries, museums and community centers in all residential districts.
   (b)    Public parks and playgrounds.
   (c)    Public utility: easements, transmission structures and substations in all residential districts.
(Ord. 21-1963. Passed 7-9-63.)
   (d)    Homes for aged, hospitals, clinics and sanitariums (excluding the treatment and care of mental illnesses and insane), and assisted living in U-3 Residential Districts, and Park-Commercial-Light Manufacturing Districts.
      (Ord. 26-2005. Passed 8-9-05.)
   (e)    All places serving alcoholic beverages for use on premises in business and commercial manufacturing districts.
(Ord. 21-1963. Passed 7-9-63.)
   (f)    "Child-day care center, licensed and supervised by the Ohio Department of Human Services or any other successor authority" in all Park-Commercial-Light Manufacturing Districts.
      (Ord. 36-1993. Approved by electors 11-2-93.)
   (g)   Lodging and conference facilities, restaurants and fitness centers in all Park- Commercial-Light Manufacturing Districts.
      (Ord. 25-2005. Approved by voters 11-8-05.)

1109.04 APPLICATION EVALUATION STANDARDS.

    An application for a conditional use permit shall not be approved unless it complies with the following conditions:
      (a)    That the proposed use when located on a local residential street is such as to generate a minimum of vehicular traffic to and through such streets;
      (b)    That the location, design and operation of such use will not adversely affect the surrounding residential area;
      (c)    That the proposed use, when alcoholic beverages are to be served, shall not be less than 500 feet distant from churches and schools;
      (d)    That the hours of operation and concentration of vehicles in connection with the proposed use will not affect adversely the repose, peace and quiet of adjacent residents and the orderly flow of traffic on adjacent streets.
      The applicant for a conditional use permit shall pay a fee as required by Section 1113.05, which sum shall be used to defray the expenses of advertising, stenographers, postage or such other costs incident to determining whether such permit should be issued.
      In evaluating the application, the Commission shall address truck parking on the premises, delivery hours, vehicular and other noise, location and maintenance of refuse containers, hours of operation and landscape screening. In addition to the above general standards, appropriate specific safeguards, applying to a particular application, may also be specified in the permit.
(Ord. 21-2020. Passed 7-28-20.)

1109.041 PUBLIC HEARING.

   Before making any decision on an application for a conditional use permit, the Commission shall hold a public hearing on the application. In addition to all other notices required by law, notice of the time and place of such public hearing shall be mailed to the applicant and the owners of the properties within ten parcels of the applicant's premises on both sides of the street. Such written notice shall be mailed not less than ten days prior to the date of the public hearing. (Ord. 30-1992. Passed 7-28-92.)

1109.042 APPLICATION EVALUTION STANDARDS AND CONDITIONS FOR CONDITIONAL USE PERMITS REQUESTED UNDER SECTION 1109.03(d).

   (a)    An application for a conditional use permit under Section 1109.03(d) shall not be approved unless it complies with the following conditions:
      (1)   All of the conditions contained in Section 1109.04.
      (2)   Rooms and living units with full kitchen facilities that constitute independent living units shall not be permitted.
      (3)   The amount of total units contained within the City shall not exceed 450.
      (4)   The facility shall maintain and employee its own twenty-four (24) hour safety and security services whose workers are trained to respond to basic emergencies.
      (5)   The facility will not impede the orderly development and improvements of the surrounding properties for uses permitted in the PCM District.
      (6)   The facility shall be reviewed by the Police and Fire Departments for their recommendation and approval as to their ability to properly serve the facility without compromising their service to the remainder of the residents and businesses of the City.
      (7)   The proposed facility shall be reviewed by the Building Commissioner, City Engineer, and Law Director for their recommendation and approval.
      (8)   The proposed facility shall meet and maintain all federal and state certifications, licensing and approval requirements.
      (9)   The proposed use shall comply with all local area yard and height provisions contained in Chapter 1143 of the Zoning Code.
         (Ord. 32-2020. Passed 11-10-20.)

1109.05 PERIOD OF VALIDITY.

   Any conditional use permit issued pursuant to this Zoning Code shall become invalid unless the work authorized by it shall have been commenced within six months after its issuance, and such work shall be completed within two years of issuance. A conditional use permit issued pursuant to this Zoning Code shall be effective for a period of two years from its date of issuance and may be extended and/or renewed for good cause shown by written request to the Commission which consent shall not be withheld if the permittee has substantially complied with all terms and conditions established by the Commission in granting the permit. In addition, the Commission shall determine whether or not the permittee has substantially complied with all local, State and federal regulations governing the use of the premises. Action thereon must be taken by the Commission at a regular meeting a period of thirty days, and such action shall be evidenced by written notification to such applicant.
(Ord. 30-1992. Passed 7-28-92.)

1109.06 ENFORCEMENT.

   The provisions of this chapter shall be enforced by the Building Department.
(Ord. 30-1992. Passed 7-28-92.)

1110.01 ESTABLISHMENT.

   There is hereby established an Architectural Review Board, consisting of three members to be appointed by the Mayor and confirmed by the affirmative vote of a majority of the members of Council. (Ord. 44-1966. Passed 1-24-67.)

1110.02 TERMS AND QUALIFICATIONS.

   Each member shall be appointed for a term of two years. All members shall be properly qualified and registered architects. (Ord. 44-1966. Passed 1-24-67.)

1110.03 AUTHORITY OF BOARD.

   The Architectural Review Board shall have and is hereby vested with authority to exercise the powers and perform the duties herein provided, and shall have the powers to make its own rules of procedure, with the following limitations:
   (a)    One member of the Board shall be elected Chairman of the Board by the members thereof, and shall be responsible for the proper administration of its duties.
   (b)    One member of the Board shall act as Secretary and shall keep, or cause to be kept, in the City Hall, a complete record of all meetings of the Board, and all transactions handled by the Board.
   (c)    A quorum of the Board shall consist of two or more members.
   (d)    Any official action of the Board shall require the affirmative vote of two or more members. (Ord. 44-1966. Passed 1-24-67.)

1110.04 MEETINGS.

   The Architectural Review Board shall hold meetings as may be provided by its own rules, but meetings shall be held as often as is required for the timely review of all plans and applications submitted to it. (Ord. 44-1966. Passed 1-24-67.)

1110.05 INTEREST.

   No member of the Architectural Review Board shall participate in the review of, or give advice upon, any work in which he, his partners or professional associate or associates has any direct or indirect interest. If such occasion shall arise, the Mayor shall appoint another qualified architect to serve on the Board only for the purpose of acting on the application in question. (Ord. 44-1966. Passed 1-24-67.)

1110.06 COMPENSATION.

   Compensation shall be paid each member of the Architectural Review Board as fixed by Council. (Ord. 44-1966. Passed 1-24-67.)

1111.01 INTENT.

   The Architectural Review Board shall review all applications for building permits for one-family and two-family dwellings, including applications for alterations or additions to existing buildings of these types, and the Board shall have the authority to approve or disapprove such applications. In the event such applications are disapproved, reasons for such disapproval shall be reduced to writing and attached to such applications. Within ten days after notification by the Board to the applicant of such disapproval, the applicant may appeal such disapproval to the Planning and Zoning Commission. The Planning and Zoning Commission may either affirm, modify or reverse the disapproval within thirty days from date of receipt of such appeal.
   The Architectural Review Board shall assist and advise the Planning and Zoning Commission on the design, amenities, quality and appearance of all proposed multi-family, institutional, business, commercial and industrial buildings. The Architectural Review Board shall similarly assist and advise the Commission on all proposed public structures and areas such as municipal buildings, public parks and playgrounds.
   All standards, regulations and criteria which are contained in this Code shall be considered by the Board in its review. (Ord. 45-1966. Passed 1-24-67.)

1111.02 PROCESSING AND APPROVAL OF APPLICATIONS; ONE-FAMILY AND TWO-FAMILY DWELLINGS.

   The Architectural Review Board shall review all applications received for one-family and two-family dwellings, including additions to existing structures of this nature. Approval of such applications requires the approval of a majority of the Board. The Board may delegate to the Building Commissioner the authority to review and give final approval to plans submitted for additions or alterations to existing buildings. (Ord. 45-1966. Passed 1-24-67.)

1111.03 LOOK-ALIKE HOMES AND/OR HOUSING GROUPS.

   (a)    The Architectural Review Board shall not approve any application for a permit to construct, alter or enlarge any building or structure in a residence district which shall be like or substantially like any neighboring structure, as hereinafter defined, then in existence or for which a building permit has been issued, or which is included in the same building permit application, in more than three of the following seven respects:
      (1)    Height of the main roof ridge, or, in the case of a flat roof, the highest point of that roof;
      (2)    Height of the main roof ridge above the tip of the plate (all flat roofs shall be deemed identical in this dimension);
      (3)    Length of the main roof ridge, or in the case of a flat roof, length of the main roof area;
      (4)    Depth of side walls at the ends of the building or structure measured under the main roof at right angles to the front thereof;
      (5)    Relative location of windows in the front and both side elevations with respect to each other and to any door, chimney, porch or attached garage in the same elevation;
      (6)    Relative location of any attached garage, porch or gable, in the front elevation with respect to each other and to the building;
      (7)    Building materials to be used on the exterior surfaces, front and sides.
   (b)    Buildings or structures shall be deemed to be like each other in any dimension when the difference between them is not more than two feet; or when the only difference in relative location of elements is end to end or side to side reversal of such elements.
   (c)    In relation to the premises with respect to which a building or structure is sought to be erected, constructed, placed, altered or enlarged; a building or structure shall be deemed to be a neighboring building or structure if the lot upon which it or any part of it has been or will be located is any one of the following lots:
      (1)    Any first or second neighboring lot on either side of subject premises or five opposing lots on the opposite side of street, regardless of intervening streets.
      (2)    Any lot of which any part of street frontage faces the end of, and is within the width of, the subject street, if less than two lots from subject premises.
      (3)    Any lot fronting on another street and adjoining lot of subject premises.
          (Ord. 53-1969. Passed 3-10-70.)

1111.04 PLANS REQUIRED; CHANGES OR DEVIATIONS.

   Good, clear, workable plans shall be presented in duplicate with each application. Minor changes on plans may be accepted, but no person shall erase, alter or modify any lines, figures, words or coloring contained in or upon any plans, drawings or specifications filed with the Building Commissioner after they have been approved, or deviate therefrom in the execution of the work proposed without the written consent and authorization of the Architectural Review Board. The Building Commissioner shall be the sole judge of what shall be considered as minor changes. (Ord. 45-1966. Passed 1-24-67.)

1111.05 PROCESSING OF APPLICATIONS; MULTI-FAMILY, INSTITUTIONAL, BUSINESS, COMMERCIAL AND INDUSTRIAL BUILDINGS.

   After receipt of a complete submission of an application for construction of a multifamily, institutional, business, commercial or industrial building, the Planning and Zoning Commission shall refer such proposed site development and building plan which is filed with it in accordance with Section 1107.04(b), to the Architectural Review Board for purposes of review and report. The Commission shall, in addition to the above, refer all plans and drawings of public structures and areas such as fire stations, municipal buildings, parks and playgrounds to the Architectural Review Board for its review and report.
   Two copies of the report of the Architectural Review Board shall be prepared. One shall be filed with the Planning and Zoning Commission for its use, and one shall be filed with the Clerk of Council and shall be open to public inspection. The Architectural Review Board shall complete its report and recommendation within twenty-eight days, after the date of the application by the Commission.
   All such reports to the Planning and Zoning Commission shall state whether, in the opinion of the Architectural Review Board, the proposed application shall be granted, denied or modified, and shall give the reasons therefor. (Ord. 36-1967. Passed 9-12-67.)

1111.06 STANDARDS AND CRITERIA.

   The following standards and criteria are established to guide the Architectural Review Board in its review of development proposals:
   (a)    Materials shall be appropriate for the use of the building, for weathering and for relationship to other materials, including those used on adjacent buildings.
   (b)    Colors and textures shall be appropriate for the size and scale of the building, for weathering and for relationship to the site and to adjacent buildings.
   (c)    Architectural details and ornaments shall be meaningful to the overall design, and appropriate for the size and scale of the building and for weathering.
   (d)    Mechanical equipment shall be considered as it affects rooftop appearance, sidewall openings, sound levels, smoke and other nuisance aspects. Also, mechanical equipment shall be considered as it relates to overhead wires, gas and electric meter stations and any other visible appurtenances.
   (e)    Approaches, drives and parking areas shall be considered as they affect the appearance from the street and from the site as well. The relationship of paving to the building shall be appropriate, considering factors such as safety, drainage and landscaping.
   (f)    Landscaping shall be appropriate for the size and use of the area, and for its relationship to building, street, parking area, walks and adjacent buildings.
   (g)    Lighting shall be considered for the appropriateness of nighttime illumination of the grounds, drives, walks, parking areas, the building and its effect upon surrounding areas.
   (h)    Signs shall be considered for appropriateness of size, scale, shape, color and illumination in relation to building and site. (Ord. 45-1966. Passed 1-24-67.)

1111.07 ADDITIONAL MATTERS TO BE CONSIDERED.

   The Architectural Review Board shall take into account in its review of the application such additional matters as it deems necessary and relevant, including such matters as the drainage of the property to be improved, the provisions made in the plan for adequate fire protection and the handling of traffic in and out of the property. For the purpose of reviewing such additional items, the Board may seek the advice and counsel of the City Engineer, the Police Chief, the Fire Chief or such other officials as it may deem necessary.
(Ord. 35-1967. Passed 9-12-67.)

1112.01 CONSULTING LANDSCAPE ARCHITECT.

   (a)    The office of Consulting Landscape Architect for the City is hereby established.
   (b)    The office of Consulting Landscape Architect shall be filled by appointment by the Mayor, confirmed by a majority of the members of Council and shall be for a period of one year, expiring on December 31 of the year of appointment.
   (c)    The duties of the Consulting Landscape Architect shall be as follows: responsibility for the review and study of all landscaping plans submitted in connection with the proposed construction of all buildings in the City, except for one and two-family residential buildings; responsibility for preparing and submitting to the Architectural Review Board a written report on each of these plans, incorporating therein his opinion of the plans and any recommendations he may have with respect to suggested modifications or changes in the plan. (Ord. 11-1972. Passed 7-11-72.)
   (d)    The Landscape Architect is hereby authorized to supervise the implementation of all landscaping plans initially approved by the Planning and Zoning Commission for all property within the corporate limits of the City.
   (e)    This supervision shall include necessary and timely inspections of the work as it progresses on each project, and it shall require the final approval of the Landscape Architect at the conclusion of the work. (Ord. 12-1972. Passed 7-11-72.)

1112.02 SUPERVISORY FEE FOR PLANS.

   All individuals, partnerships or corporations which attempt to implement approved landscape plans shall deposit with the Building Commissioner a cash deposit of $1,000.00 to defray the cost of supervision, inspection and final approval as set forth in Section 1112.01.
(Ord. 5-2018. Passed 3-13-18.)

1112.03 HOURLY RATE FOR LANDSCAPE ARCHITECT.

   (a)   The hourly rate of the landscape architect shall be in accordance with the rates established by contract between the landscape architect and the municipality.   
   (b)   The landscape architect shall submit an itemized statement, to be approved by the Mayor, detailing the number of hours devoted to each separate landscape project, accompanied by a short statement of the work actually performed on each project.
(Ord. 5-2018. Passed 3-13-18.)
   (b)    He shall submit an itemized statement, to be approved by the Mayor, detailing the number of hours devoted to each separate landscape project, accompanied by a short statement of the work actually performed on each project. (Ord. 42-1984. Passed 7-24-84.)

1112.04 LANDSCAPE ESCROW FUND.

   (a)    There is hereby created a Landscape Escrow Fund which shall be administered under the following provisions:
      (1)    A developer or builder shall deposit money in the Escrow Fund of the City to be used for proper landscaping of his improvement.
      (2)    The amount of each deposit shall be based upon the estimate of the Landscape Architect for the City, who shall determine, based upon the plans and specifications of the improvement to be constructed, the approximate cost of all necessary landscaping.
      (3)    If the builder or developer chooses to install the necessary landscaping before application is made for the occupancy permit, the occupancy permit may be issued upon the approval of the Landscape Architect of the landscaping.
      (4)    If the builder or developer does not choose to do the necessary landscape work before applying for the occupancy permit, or weather conditions are such that it is not feasible for landscaping to be completed at the time the occupancy permit is applied for, it shall be determined, before the issuance of the permit, that the necessary funds have been placed in the Landscape Escrow Fund by the builder or developer.
      (5)    The money thus deposited in the Landscape Escrow Fund can be used only for landscaping for the specific improvement for which it was deposited, and can be released only upon the direction of the Landscape Architect.
   (b)    There shall be no additional fee to the developer or builder for the creation of the Fund, and expenses of administration of the Fund shall be paid from the initial deposit for the building permit by each builder or developer. (Ord. 15-1972. Passed 7-11-72.)

1113.01 INTENT.

   In addition to all other authority and power of the Planning and Zoning Commission, it shall have jurisdiction in those matters specifically enumerated in this chapter, and is empowered to grant variances from the strict letter of this Zoning Code within the limitations set forth in Section 1113.10 in instances of unnecessary hardship.
(Ord. 21-1995. Passed 9-26-95.)

1113.02 RECORDING CLERK .

   The Commission may engage the services of a recording clerk, at a salary as established by ordinance, who shall serve the Commission. The appointment of such recording clerk shall be subject to approval by Council.
(Ord. 21-1995. Passed 9-26-95.)

1113.03 PROCEDURE FOR FILING APPEALS.

   No appeal shall be entertained by the Commission unless:
   (a)    Some formal action has been taken by the Building Commissioner with regard to an application for a building permit, issuance of a stop order or some similar action;
   (b)    Within ten days of such action by the Building Commissioner, application for appeal has been filed in the office of the Building Commissioner; and
   (c)    Application for appeal or other action by the Commission shall include all necessary data in accordance with the form provided, along with the payment of a fee as provided in Section 1113.05.
      (Ord. 21-1995. Passed 9-26-95.)

1113.04 HEARINGS.

   Before making any decision on an appeal or an application for a variance, or a conditional use permit, the Planning and Zoning Commission shall hold public hearings at such times as shall be determined by the Commission itself. Special hearings can be arranged at the call of the Chairman. Notices of the time and place of hearings shall be mailed to appellant and to abutting property owners and to property owners located directly across the street from the appellant's property. Such written notice shall be served or mailed not less than ten days prior to the date of any hearing.
(Ord. 21-1995. Passed 9-26-95.)

1113.05 FEES FOR APPEALS, VARIANCES, CONDITIONAL USE PERMITS.

   All appeals before the Planning and Zoning Commission and applications for conditional use permits shall be accompanied by a fee in the amount of one hundred dollars ($100.00), cash or certified check. Requests for variances shall be submitted in writing to the Commission on a form provided and shall be accompanied by a filing fee in the amount of fifty dollars ($50.00). Such fees shall be used to defray the expenses of the Commission in the serving of legal notices and costs pursuant to the provisions of this Zoning Code.
(Ord. 21-1995. Passed 9-26-95.)

1113.06 VOTING.

   The concurring vote of three members of the Commission shall be necessary to affirm or reverse any order, requirement, decision or determination of any duly authorized administrative officer or committee. If the Commission shall fail to take action within sixty days after receipt of an appeal, the determination of the Building Commissioner shall be final.
   A member of the Commission shall not be qualified to vote if he has not attended the public hearing or if he has a direct or indirect interest in the issue appealed.
(Ord. 21-1995. Passed 9-26-95.)

1113.07 RECORD OF DECISIONS.

   (a)   The Commission shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein and the absence of a member or his failure to vote. Such a record, immediately following the Commission's decision, shall be filed in the office of the Building Commissioner and it shall be open to public inspection, and copies shall be mailed forthwith to each interested party.
   (b)   Special conditions that may be prescribed by the Commission in its decision shall be incorporated by the Building Commissioner on any building permit in indelible ink issued subsequently in accord with such decisions.
   (c)   All decisions of the Commission are final, unless appealed to the Board of Building and Zoning Appeals as permitted by the City Charter and Chapter 1114. All matters that have been denied by both the Commission and the Board may not be reintroduced before the Commission for at least one year from the date of the Commission’s decision.
(Ord. 21-1995. Passed 9-26-95.)

1113.08 APPELLATE JURISDICTION.

   (a)    The Commission shall hear appeals on decisions made by the Building Commissioner or by any administrative officer (in matters relating to the Building Code or this Zoning Code), for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits, and may thence decide appeals by either reversing, affirming wholly or in part, or modifying such order, requirement, decision or determination.
   (b)    The Commission shall also decide all matters specifically referred to it for decision in sections of this Zoning Code.
   (c)    The Commission shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony and to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
   (d)    The Commission shall adopt such rules or regulations as may be necessary to carry into effect the powers and jurisdiction conferred upon it by this section, but not such rules or regulations as may be in conflict with this Zoning Code.
   (e)    The Commission shall have power to hear and determine appeals from refusal of building, zoning and use permits and to permit exceptions to and variations from the Zoning and Building Code regulations in individual cases as may be required to afford justice and avoid unreasonable hardship to property owners or users in accordance with standards established by ordinance of Council. The Commission shall commence hearing on all matters properly presented within thirty days of filing of request and shall render a decision thereupon within ninety days from such filing unless a longer time is agreed upon between the appellant and the Commission. Rulings and decisions of the Commission shall be final two weeks after the date of decision unless such decision is appealed to the Board of Zoning and Building Appeals pursuant to Charter Section 6.06.01 and Chapter 1114.
(Ord. 21-1995. Passed 9-25-95.)

1113.09 DETERMINATION OF OTHER SIMILAR USES.

   When the Building Commissioner has notified an applicant that an application for permit has been denied because it cannot be determined that the use applied for is similar to that defined in the use classification for which such permit would otherwise be issued, then an appeal shall be taken by the applicant to the Commission in accordance with the provisions made for filing appeals under Section 1113.03.
   When such appeal is taken to the Commission, the following standards shall be applied in the determination of such similar use:
   (a)    Such use is not listed in any other classification of permitted buildings or uses;
   (b)    Such a use is more appropriate and conforms to the basic characteristic of classification to which it is to be added than in any other classification;
   (c)    Such a use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added, and
   (d)    Such a use does not create traffic substantially greater than the other uses listed in the classification to which it is to be added.
      (Ord. 21-1995. Passed 9-26-95.)

1113.10 STANDARDS FOR GRANTING VARIANCES.

   When application is made to the Building Commissioner for a building permit and same is refused because the request does not comply with the provisions hereof, the Commission shall have the power, in specific cases, to vary the application of any provisions of this Zoning Code in terms of the following standards so that public health, safety, morals and general welfare may be safeguarded and substantial justice done:
   (a)    Where strict application of the provisions of this Zoning Code would result in practical difficulties or unnecessary hardships, except where such request for a variance pertains solely to the area requirements of this Zoning Code in which event the Commission shall consider only the practical difficulties in the strict application of the Zoning Code. Such hardships must be found peculiar as applicable to the property in question, making it distinct from the general hardships of the district.
   (b)    Where other exceptional circumstances or conditions, only applicable to the property involved or to the intended use or development of the property, do not apply to other property within the same zone. The mere fact that the owner of one parcel might apply prior to the owner of other parcels in the same area would not give him a right to a variance and thus grant a special privilege to an individual, when such variance would be necessarily denied to others. What must be shown, on the other hand, is that there are special conditions justifying a variance on one lot, and that a variance would be justified on any lot where the same set of circumstances exists.
   (c)    Where granting a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located. The mere existence of an unnecessary hardship or other exceptional circumstances is not ipso facto evidence for granting of a variance .
   (d)    That the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code. A variance merely permits that which is contemplated in this Zoning Code under certain conditions. On the other hand, that which is not contemplated, but deemed desirable, in this Zoning Code, should be effected by amendments to the Zoning Code or Map. No considerations should be given to hardships that will result from deed restrictions.
   (e)    The Commission shall have no powers to authorize as a variance, the establishment of a principal or an accessory use which is not specifically permitted in the district in which the use is intended.
      (Ord. 21-1995. Passed 9-26-95.)

1113.11 LAPSE OF VARIANCES.

   A variance once granted shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of one year, no substantial construction is done in accordance with the plans for which such variance was granted. Should the latter be the case, the variance shall be deemed null and void, and all regulations governing the premises in question shall revert to those in effect before the variance was granted.
(Ord. 21-1995. Passed 9-26-95.)

1113.12 LIMITATIONS ON VARIATIONS FROM USE REGULATIONS.

   The Commission may permit variances as may be necessary to secure appropriate development of a lot only when:
   (a)    The lot line adjoins a nonconforming building or use existing on the effective date of this Zoning Code; or
   (b)    The lot line adjoins a less restricted use district, provided both the existing lot and the one for which a variance is sought were under one ownership on the effective date of this Zoning Code.
   The Commission shall not permit as a use variance the use for temporary or permanent dwellings of any basement, garage or any accessory structure or any nonstructure, such as trailers, tents or camp cars.
(Ord. 21-1995. Passed 9-26-95.)

1113.13 LIMITATIONS ON VARIATIONS FROM AREA REGULATIONS.

   The Commission may permit variations of not more than ten percent decrease of area regulations in residential districts, for a given lot that is of such restricted area that it cannot be appropriately improved upon without such modification, and in which the owner owns no adjoining lot or where additional land cannot be acquired equitably.
(Ord. 21-1995. Passed 9-26-95.)

1113.14 LIMITATIONS ON VARIATIONS FROM YARD REGULATIONS.

   The Commission may permit in a residential district a modification of the side yard regulation for a garage to be attached on a one-family dwelling in existence at the adoption of this Zoning Code (Ord. 21-1963, passed July 9, 1963), so as to allow a one-story attached garage to project into a side yard, but the resulting side yard shall be not less than the minimum side yard permitted in such district.
(Ord. 21-1995. Passed 9-26-95.)

1113.15 LIMITATIONS ON VARIATIONS TO NONCONFORMING BUILDINGS AND USES.

   The Commission shall have no powers to authorize as a variance the establishment of a nonconforming building or use or changes in nonconforming uses where none previously existed, except as permitted under Section 1113.12.
(Ord. 21-1995. Passed 9-26-95.)

1113.16 LANDSCAPE AND TRAFFIC FEATURES.

   The Commission, upon making various determinations, shall endeavor to assure safety and convenience of traffic movements within the area in question, in relation to its access streets and between such area and contiguous neighborhoods, and may require the provision of landscaping, walls, fences or screening and its maintenance, to further the purpose of this Zoning Code. (Ord. 21-1995. Passed 9-26-95.)

1114.01 INTENT.

   The Board of Building and Zoning Appeals shall have jurisdiction in only those matters specifically enumerated in the City Charter and in this chapter.
(Ord. 22-1995. Passed 9-26-95.)

1114.02 SECRETARY/RECORDING CLERK.

   The Board of Building and Zoning Appeals may engage the services of a Secretary/Recording Clerk whose duties shall include the recordation of minutes of meetings of the Board and the processing of appeals as referred to hereinafter. The appointment of such Secretary/Recording Clerk shall be subject to approval by Council and the salary therefor shall be established by ordinance.
(Ord. 22-1995. Passed 9-26-95.)

1114.03 PROCEDURE FOR FILING APPEALS.

   No appeal shall be entertained by the Board of Building and Zoning Appeals unless:
   (a)    Some formal action has been taken by the Planning and Zoning Commission with regard to a matter pending before it; and
   (b)    Within two weeks following such formal action an appeal has been filed, in writing, with the Secretary of the Board which shall include all necessary data requested on the form provided for such filing and further provided the fee is paid in full as set forth hereinafter.
      (Ord. 22-1995. Passed 9-26-95.)

1114.04 HEARINGS.

   (a)   The Board of Building and Zoning Appeals shall meet upon the call of its Chairman to hear and determine all appeals filed from decisions of the Planning and Zoning Commission. The Board shall review all records of the Planning and Zoning Commission pertaining to the matter appealed and shall apply the standards set forth in Sections 1113.09 through 1113.16, inclusive, in ruling on the appeal.
   (b)   Not less than ten (10) days prior to the date set for such hearing on appeal, written notice of such hearing shall be caused by the Board to be given by mail to the appellant(s) and abutting property owner(s) as well as the property owner(s) located directly across the street from the appellant(s)’ property.
(Ord. 4-2004. Passed 2-10-04.)

1114.05 FEES.

   All appeals filed with the Board of Building and Zoning Appeals shall be accompanied by a nonrefundable filing fee of one hundred dollars ($100.00) which fee shall be used to defray the expenses of the appeal.
(Ord. 22-1995. Passed 9-26-95.)

1114.06 VOTING.

   The concurring vote of three members of the Board shall be necessary to decide any matter pending before it. If the Board fails to render a decision within sixty days from the date of filing of an appeal then the decision of the Planning and Zoning Commission concerning such matter shall be final.
(Ord. 4-2004. Passed 2-10-04.)

1114.07 RECORD OF DECISION.

   The Board of Building and Zoning Appeals shall maintain written minutes of all its proceedings which shall be open to public inspection at reasonable times.
(Ord. 22-1995. Passed 9-26-95.)

1114.08 MEETING TO APPROVE MINUTES.

   Subsequent to a proceeding where a hearing from an appeal is held before the Board of Building and Zoning Appeals, the Board shall reconvene within thirty days for the purpose of formally providing the written minutes maintained at such hearing. The fee provision set forth in Section 1114.09 shall not apply to meetings held under this section.
(Ord. 22-1995. Passed 9-26-95.)

1114.09 COMPENSATION OF BOARD MEMBERS.

   Each member of the Board of Building and Zoning Appeals shall be compensated at a rate to be set by Council.
(Ord. 22-1995. Passed 9-26-95.)

1114.10 APPEALS TO COMMON PLEAS COURT.

   A decision made by the Board of Building and Zoning Appeals is considered final and cannot be reappealed except to the Common Pleas Court as provided by law pursuant to Ohio R.C. Chapters 2505 and 2506.
(Ord. 22-1995. Passed 9-26-95.)

1115.01 AMENDMENT CONDITIONS.

   This Zoning Code and Zone Map may be amended periodically in order to keep them abreast of new zoning techniques, as well as when the following general conditions arise:
   (a)    Whenever a general hardship prevails throughout a given district;
   (b)    Whenever a change occurs in land use, transportation or other sociological trends, either within or surrounding the community, and
   (c)    Whenever extensive developments are proposed.
   Such amendments shall be made in accordance with the legislative procedures set forth in this chapter.
(Ord. 21-1963. Passed 7-9-63.)

1115.02 RECOMMENDATION OF CHANGE.

   A proposed change of the Zoning Code or Zone Map may be recommended by the Commission.
(Ord. 21-1963. Passed 7-9-63.)

1115.03 SUBMISSION TO COUNCIL.

   If an amendment is recommended by the Commission, the proposal shall be clearly and concisely set forth, in writing, together with a statement as to the reasons for such change, and submitted to Council for its consideration. (Ord. 21-1963. Passed 7-9-63.)

1115.04 AMENDMENT TO CONFORM TO OHIO REVISED CODE.

   Any amendment to this Zoning Code or Zone Map shall be made in accordance with Ohio R. C. 713.12, or any subsequent amendment thereto. (Ord. 21-1963. Passed 7-9-63.)

1115.05 PUBLIC HEARING BY COMMISSION.

   In considering its action, the Commission may hold public hearings. In the event it decides to hold a public hearing, it shall give notice to the persons which in its discretion are deemed to be affected by such amendment in such manner as is determined by the Commission. The Commission may adopt such rules and regulations, with respect to public hearings, as it deems proper.
(Ord. 21-1963. Passed 7-9-63.)