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Highland Hills City Zoning Code

TITLE FOUR

Administrative Procedures

1141.01 ZONING ADMINISTRATOR.

   A Zoning Administrator designated by the Mayor shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the Mayor may direct.

1141.02 DUTIES OF THE ZONING ADMINISTRATOR.

   For the purpose of this ordinance, the Zoning Administrator shall have the following duties:
   (a)   Enforce the provisions of this ordinance and interpret the meaning and application of its provisions.
   (b)   Respond to questions concerning applications for amendments to the Zoning Ordinance text and the Official Zoning District Map.
   (c)   Issue zoning permits and certificates of occupancy as provided by this Ordinance, and keep a record of same with a notation of any special conditions involved.
   (d)   Act on all applications upon which he is authorized to act by the provisions of this Ordinance within the specific time or notify the applicant in writing of his refusal or disapproval of such application and the reasons therefor. Failure to notify the applicant in case of such refusal or disapproval within the specified time shall entitle the applicant to submit his request to the Board of Zoning Appeals.
   (e)   Conduct inspections of buildings and uses of the land to determine compliance with this Ordinance, and, in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.
   (f)   Maintain in current status the Official Zoning District Map which shall be kept on permanent display in the Village offices.
   (g)   Maintain permanent and current records required by this Ordinance, including but not limited to zoning permits, zoning certificates, inspection documents, and records of all variances, amendments and special uses.
   (h)   Make such records available for the use of Village Council, the Planning Commission, the Board of Zoning Appeals and the public.
   (i)   Review and approve site plans pursuant to this Ordinance.
   (j)   Determine the existence of any violations of this Ordinance, and cause such notifications, revocation notices, stop orders, or tickets to be issued, or initiate such other administrative or legal action as needed, to address such violations.
   (k)   Prepare and submit an annual report to the Village Council and Planning Commission on the administration of this Ordinance, setting forth such information as may be of interest and value in advancing and furthering the purpose of this Ordinance. Such report shall include recommendations concerning the schedule of fees.

1141.03 PLANNING COMMISSION.

   The Planning Commission shall be composed of five members who shall reside in the incorporated area of the Village, and shall include the Mayor or a person appointed by the Mayor and designated to take his place on the Planning Commission; a member of Village Council elected by Council to serve the remainder of his or her term; and three additional citizens and electors to be appointed by the Mayor. The terms of the citizen members shall be for a period of three years and so arranged that the term of one member will expire every year.
(Ord. 2005-07. Passed 1-12-05.)

1141.04 PROCEEDINGS OF THE PLANNING COMMISSION.

   The Planning Commission shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this Ordinance. Commission meetings shall be held at the call of the chairman and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the offices of the Village. The presence of three (3) members shall constitute a quorum. The concurring vote of three (3) members of said Board shall be necessary to reverse an order, requirement, decision, or determination of the Zoning Administrator or the Planning Commission.

1141.05 DUTIES OF THE PLANNING COMMISSION.

   For the purpose of this Ordinance the Commission shall have the following duties:
   (a)   Recommend the proposed Zoning Ordinance, including text and Official Zoning District Map to the Village Council for formal adoption.
   (b)   Initiate advisable Official Zoning District Map changes, or changes in the text of the Zoning Ordinance where same will promote the best interest of the public in general through recommendation to the Village Council.
   (c)   Review all proposed amendments to the text of this Ordinance and the Official Zoning District Map and make recommendations to the Village Council as specified in Chapter 1149.
   (d)   Review site plans of all improvements, except one and two-family dwellings for compliance with these development regulations.
   (e)   Review plans for capital improvements and public improvement.
   (f)   Review all Planned Unit Development Applications and make recommendations to the Village Council as provided in this Ordinance.
   (g)   Carry on a continuous review of the effectiveness and appropriateness of this Ordinance and recommend such changes or amendments as it feels would be appropriate. (Ord. 2001-12. Passed 6-13-01.)

1141.06 BOARD OF ZONING APPEALS.

   A Board of Zoning Appeals is hereby created, which shall consist of five (5) members. Four (4) members shall be appointed by the Mayor. The term of all such members appointed by the Mayor shall be five (5) years and their terms shall be so arranged that the term of one (1) member shall expire each year. Each member shall serve until his/her successor is appointed and qualified. One member shall be appointed by and shall be a member of Council. The member of Council shall serve such appointment for his/her term of office. Members of the Board shall be removable for non-performance of duty, misconduct in office, or other reasonable cause by the Mayor upon written charges and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing either personally or by registered mail, or by leaving the same at his place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by appointment in the manner specified and shall be for the unexpired term.
(Ord. 2003-30. Passed 5-14-03.)

1141.07 PROCEEDINGS OF THE BOARD OF ZONING APPEALS.

   The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent of failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the offices of the Village.
   Three (3) members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three (3) members of the Board shall be necessary to reverse an order of determination of the Zoning Administrator, to decide in favor of an applicant in any matter over which the Board has original jurisdiction under this Ordinance, or to grant any variance from the requirements stipulated in this Ordinance.

1141.08 DUTIES OF THE BOARD OF ZONING APPEALS.

   For the purpose of this Ordinance the Board has the following specific responsibilities:
   (a)   Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Administrator;
   (b)   Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done;
   (c)   To grant Conditional Use Permits as specified in Chapter 1147 of this Ordinance with such additional safeguards as will uphold the intent of this Ordinance.
   (d)   To hear such other appeals as may be authorized or specified by the Village Council as set forth in these Codified Ordinances.
      (Ord. 2012-60. Passed 9-12-12.)

1141.09 DUTIES OF ZONING ADMINISTRATOR, BOARD OF ZONING APPEALS, LEGISLATIVE AUTHORITY AND COURTS ON MATTERS OF APPEAL.

   It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Ordinance that the duties of the Village Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Ordinance. Under this Ordinance the Village Council shall only have the duties of considering and adopting or rejecting proposed amendments or the repeal of this Ordinance as provided by law, and of establishing a schedule of fees and charges as stated in Section 1141.11 of this Ordinance. Nothing in this Ordinance shall be interpreted to prevent any official of the Village from appealing a decision of the Board to the courts as provided in Chapters 2505 and 2506 of the Ohio Revised Code. Any such appeal shall be made within ten (10) days of the Board's written decision.

1141.10 VILLAGE COUNCIL.

   The powers and duties of the Village Council pertaining to the Zoning Ordinance are as follows:
   (a)   Approve the appointments of members to the Planning Commission.
   (b)   Approve the appointments of members to the Zoning Board of Appeals.
   (c)   Initiate or act upon suggested amendments to the Zoning Ordinance text or Official Zoning District Map.
   (d)   Override a written recommendation of the Planning Commission on a text or map amendment provided that such legislative action is passed by a vote of not less than three-quarters of the Village Council.

1141.11 SCHEDULE OF FEES.

   The Village Council shall by Ordinance establish a schedule of fees for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other procedures and services pertaining to the administration and enforcement of this Ordinance, after considering the recommendations of the Zoning Administrator with respect to actual administrative costs, both direct and indirect. The schedule of fees shall be posted in the Village offices, and may be altered or amended only by Village Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.

1143.01 ZONING PERMITS REQUIRED.

   No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a permit therefor, issued by the Zoning Administrator. Zoning Permits shall be issued only in conformity with the provisions of this Ordinance unless the Zoning Administrator receives a written order from the Board of Zoning Appeals deciding an appeal, Conditional Use, or Variance or from the Village Council approving a Planned Unit Development District as provided in this Ordinance.

1143.02 CONTENTS OF APPLICATION FOR ZONING PERMIT.

   The Application for Zoning Permit shall be made in writing and be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one (1) year or substantially completed within two and one-half (2 1/2) years. At a minimum, the application shall contain the following information and be accompanied by all required fees;
   (a)   Name, address and phone number of the applicant;
   (b)   Legal description of the property;
   (c)   Existing use;
   (d)   Proposed use;
   (e)   Zoning district;
   (f)   Plans in triplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;
   (g)   Building heights;
   (h)   Number of off-street parking spaces and or loading berths, and their layout;
   (i)   Location and design of access drives;
   (j)   Number of dwelling units;
   (k)   If applicable, application for a sign permit or a conditional, special, or temporary use permit, unless previously submitted;
   (l)   A landscape plan indicating conformity with Chapter 1131 and Section 1107.11;
   (m)   Where the Application for Zoning Permit is for a use which requires soil excavation, soil removal, fill, site clearing, site grading or other modification of the surface of the land, an erosion control plan shall also be submitted. Such erosion control plan shall illustrate erosion and sedimentation control measures to be utilized to control soil erosion and alleviate sediment transport to area water courses, storm sewers, etc. Guidance for preparation of an erosion control plan may be obtained from the Cuyahoga Soil and Water Conservation District Office or by reference to "Water Management and Sediment Control for Urbanizing Areas," (available from the U.S. Department of Agriculture, Soil Conservation Service).
   (n)   Such other documentation as may be necessary to determine conformance with, and to provide for the enforcement of this Ordinance.

1143.03 APPROVAL OF ZONING PERMIT.

   Within thirty (30) days after the receipt of an application, the Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of this Ordinance. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Administrator, after the Zoning Administrator shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of the plans, similarly marked, shall be retained by the Zoning Administrator. The Zoning Administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the activity is in conformance with the provisions of this Ordinance.

1143.04 SUBMISSION TO THE DIRECTOR OF TRANSPORTATION.

   Before any zoning permit is issued affecting any land within three-hundred (300) feet of the centerline of a proposed new highway for which changes are proposed as described in the certification to local officials by the Director of Transportation or any land within a radius of five-hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Zoning Administrator shall give notice, by registered mail, to the Director of Transportation that he shall not issue a zoning permit for one-hundred twenty (120) days from the date of the notice is received by the Director of Transportation. If the Director of Transportation notifies the Zoning Administrator that he shall proceed to acquire the land needed, then the Zoning Administrator shall refuse to issue the zoning permit. If the Director of Transportation notifies the Zoning Administrator that acquisition at this time is not in the public interest, or upon the expiration of the one-hundred twenty (120) day period or of any extension thereof agreed upon by the Director of Transportation and the property owner, the Zoning Administrator shall, if the application is in conformance with all provisions of this Ordinance, issue the zoning permit.

1143.05 EXPIRATION ZONING PERMIT.

   If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire; it shall be revoked by the Zoning Administrator; and written notice thereof shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within two and one half (2 1/2) years of the date of issuance thereof, said permit shall expire and be revoked by the Zoning Administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained or an extension granted.

1143.06 CERTIFICATE OF OCCUPANCY.

   It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy shall have been issued therefor by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this Ordinance and other regulations.

1143.07 TEMPORARY CERTIFICATE OF OCCUPANCY.

   A temporary Certificate of Occupancy may be issued by the Zoning Administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.

1143.08 RECORD OF ZONING PERMITS AND CERTIFICATES OF OCCUPANCY.

   The Zoning Administrator shall maintain a record of all zoning permits and certificates of occupancy, and copies shall be furnished, upon request and upon payment of the established fee, to any person.

1143.09 FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY.

   Failure to obtain a zoning permit or certificate of occupancy shall be a punishable violation of this Ordinance.

1143.10 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES.

   Zoning Permits and Certificates of Occupancy issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Ordinance.

1143.11 COMPLAINTS REGARDING VIOLATION.

   Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint, immediately investigate it, and take action thereon as provided by this Ordinance.

1143.12 ENTRY AND INSPECTION OF PROPERTY.

   The Zoning Administrator is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Ordinance. Prior to seeking entry to any property or structure for such examination or survey, the Zoning Administrator shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Zoning Administrator shall request the assistance of the Law Director in securing a valid search warrant prior to entry.

1143.13 STOP WORK ORDER.

   Subsequent to his determination that work is being done contrary to this Ordinance, the Zoning Administrator shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Administrator, shall constitute a punishable violation of this Ordinance.

1143.14 ZONING PERMIT REVOCATION.

   The Zoning Administrator may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Ordinance or based upon false information or misrepresentation in the application.

1143.15 NOTICE OF VIOLATION.

   Whenever the Zoning Administrator or his agent determines that there is a violation of any provision of this Ordinance, a warning tag shall be issued and shall serve as a notice of violation. Such order shall:
   (a)   Be in writing;
   (b)   Identify the violation;
   (c)   Include a statement of the reason or reasons why it is being issued and refer to the sections of this Ordinance being violated; and,
   (d)   State the time by which the violation shall be corrected.
   Service of notice of violation shall be as follows:
   (a)   By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion; or,
   (b)   By certified mail deposited in the United States Post Office addressed to the person or persons responsible at a last known address. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Zoning Administrator. Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or,
   (c)   By posting a copy of the notice form in a conspicuous place on the premises found in violation.

1143.16 TICKETING PROCEDURE.

   If, upon re-inspection following the issuance of a violation, the condition has not been corrected, the person or persons responsible shall be issued a ticket. Such ticket shall:
   (a)   Be served personally;
   (b)   Be in writing;
   (c)   Identify the violation;
   (d)   State the time, date and place for appearance in court; and,
   (e)   State the amount of fine payable in lieu of a court appearance. If the ticket cannot be served personally, the Zoning Administrator shall request that a summons be issued by the Court.

1143.17 PENALTIES AND FINES.

   It shall be unlawful to erect, establish, locate, construct, reconstruct, enlarge, change, convert, move, repair, maintain, or structurally alter any building, structure or land in violation of any provision of this Ordinance or any amendment thereto. Any person, firm or corporation who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one hundred (100) dollars and in addition shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

1143.18 ADDITIONAL REMEDIES.

   Nothing in this Ordinance shall be deemed to abolish, impair or prevent other additional remedies as provided by law. In the event of a violation of any provision or requirement of this Ordinance, or in the case of an imminent threat of such a violation, the Zoning Administrator, the Law Director, or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourses provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.

1145.01 GENERAL.

   Appeals and Variances shall conform to the procedures and requirements of Sections 1145.02-1145.10 inclusive, of this Ordinance. As specified in Section 1141.08, the Board of Zoning Appeals has appellate jurisdiction relative to Appeals and Variances. Each applicant filing an appeal or an application for a variance shall pay the fees required in Section 105.07.
(Ord. 2005-54. Passed 9-14-05.)

1145.02 APPEALS.

   Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Ordinance may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any decision of the Zoning Administrator. Such appeal shall be taken within twenty (20) days after the decision by filing, with the Zoning Administrator and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Administrator shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.

1145.03 STAY OF PROCEEDINGS.

   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Board of Zoning Appeals after notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken on due cause shown.

1145.04 VARIANCES.

   The Board of Zoning Appeals may authorize upon appeal in specific cases such Variances from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a Variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship.

1145.05 APPLICATION AND STANDARDS FOR VARIANCE.

    A Variance from the term of this Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a Variance is submitted to the Zoning Administrator and the Board of Zoning Appeals containing the following information:
   (a)   Name, address, and phone number of applicants.
   (b)   Legal description of the property.
   (c)   Description and nature of Variance requested.
   (d)   A narrative statement demonstrating that the requested Variance conforms to the following standards:
      (1)   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
      (2)   That a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.
      (3)   That special conditions and circumstances do not result from the actions of the applicant.
      (4)   That granting the Variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district.
   A Variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by subsection (d) of this section have been met by the applicant.

1145.06 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   Under no circumstances shall the Board of Zoning Appeals grant an appeal or Variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district. In granting an appeal or Variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made part of the terms under which the appeal or Variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 1143.17 of this Ordinance.

1145.07 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.

   The Board of Zoning Appeals shall hold a public hearing within twenty (20) days, or at such later time as requested by the applicant, after the receipt of an application for an appeal or Variance from the Zoning Administrator or an applicant.

1145.08 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Before holding the public hearing required in Section 1145.07, written notice of such hearing shall be given in one or more newspapers of general circulation in the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or Variance.

1145.09 NOTICE TO PARTIES IN INTEREST.

   Before holding the public hearing required in Section 1145.07, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1145.08.

1145.10 ACTION BY BOARD OF ZONING APPEALS.

   Within thirty (30) days after the public hearing required by Section 1145.07, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in Section 1145.06, or disapprove the request for appeal or variance. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. The minutes of the meetings shall serve as the written decision of the Board except where the Board directs the Law Department to reduce any such decision to a separate writing. All variances granted shall be reduced to writing and approved by the Law Department prior to signature by the Chairman of the BZA. Appeals from Board decisions shall be made in the manner specified in Section 1141.09. (Ord. 2005-54. Passed 9-14-05.)

1147.01 GENERAL.

   It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of this Ordinance shall conform to the procedures and requirements set forth in 1147.02 -1147.09 , inclusive.

1147.02 CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT.

   An application for Conditional Use Permit shall be filed with the Chairman of the Board of Zoning Appeals by at least one owner or lessee of property for which such conditional use of proposed. At a minimum, the application shall contain the following information:
   (a)   Name, address, and phone number of applicant.
   (b)   Legal description of the property.
   (c)   Description of existing use.
   (d)   Zoning district.
   (e)   Description of proposed conditional use.
   (f)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
   (g)   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan.
   (h)   A list containing the names and mailing addresses of all owners of property within five hundred (500) feet of the property in question.
   (i)   A fee as established by Ordinance.
   (j)   A narrative addressing each of the applicable standards set forth in Section 1147.03.

1147.03 STANDARDS FOR EVALUATING CONDITIONAL USE PERMITS.

   An application for a Conditional Use Permit shall not be approved unless the following conditions and safeguards are complied with as set forth for the following districts:
   (a)   Residential Districts.
      (1)   When located on a local street, the proposed use shall be designed and situated so as to generate the least possible traffic through a residential neighborhood;
      (2)   The proposed use shall be necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right;
      (3)   The location, design and operation of such use shall not discourage the appropriate development or demonstrably impair the value of the surrounding residential district.
      (4)   For temporary structures, every Conditional Use Permit shall be reviewed every six months and may be renewed only while the construction operations are underway.
   (b)   Industrial Districts.
      (1)   The proposed use shall be necessary to serve the community needs and if existing similar facilities located in a less restrictive district in which the use may be permitted by right are inadequate.
      (2)   The location, extent and intensity of the proposed use shall be such that its operation is not objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare greater than is normal or as permitted by the environmental performance regulations.
      (3)   The proposed use shall form a harmonious part of the use district, taking into account, among other considerations, convenience of access and relationship of one use to another.
      (4)   The proposed use shall be permitted in a less restrictive district than that in which it is permitted by right only because of its limited extent, modern equipment and processes.
      (5)   The hours of operation and concentration of vehicles in connection with the proposed use shall not be more hazardous or dangerous than the normal traffic of the district.
   (c)   General Flood Plain District. See Section 1127.09(b).

1147.04 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1143.17 of this Ordinance.

1147.05 PUBLIC HEARING.

   The Board of Zoning Appeals shall hold a public hearing within thirty (30) days, or at such later time as requested by the applicant, after it receives an application for a conditional use permit submitted by an applicant through the Zoning Administrator.

1147.06 NOTICE OF PUBLIC HEARING.

   Before conducting the public hearing required in Section 1147.05, notice of such hearing shall be given in one or more newspapers of general circulation in the Village at least ten (10) days before the date of said hearing. The notice shall provide a summary explanation of the conditional use proposed.

1147.07 NOTICE TO PARTIES OF INTEREST.

   Prior to conducting the public hearing required by Section 1147.05 , written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the date of the hearing to all parties of interest, to include all property owners listed in the application. The notice shall contain the same information as required in Section 1147.06 for notices published in newspapers.

1147.08 ACTION BY THE BOARD OF ZONING APPEALS.

   Within thirty (30) days after the public hearing required in Section 1147.05 , the Board shall either approve, approve with supplementary conditions as specified in Section 1147.04 , or disapprove the application presented. If the application is approved or approved with modifications, the Board shall direct the Zoning Administrator to issue a Conditional Use Permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board, the applicant may seek relief through the Court of Common Pleas. Appeals from Board decisions shall be made in the manner specified in Section 1141.09.

1147.09 EXPIRATION OF CONDITIONAL USE PERMIT.

   A Conditional Use Permit shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than two (2) years.

1149.01 GENERAL.

   Whenever the public necessity, convenience, general welfare, or good zoning practices require, Village Council may by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries of classification
of property.

1149.02 INITIATION OF ZONING AMENDMENTS.

   Amendments to this Ordinance may be initiated in one of the following ways:
   (a)   By adoption of a motion by the Planning Commission;
   (b)   By adoption of a resolution by Village Council;
   (c)   By the filing of an application by at least one (1) owner or lessee of property within the area proposed to by changed of affected by said amendment.

1149.03 CONTENTS OF APPLICATION FOR ZONING MAP AMENDMENT.

   Applications for amendments to the Official Zoning Map adopted as part of this Ordinance shall contain at least the following information:
   (a)   Name, address, and phone number of the applicant;
   (b)   The proposed amending ordinance, approved as to form by the Village Law Director;
   (c)   A statement of the reason(s) for the proposed amendment;
   (d)   Present use;
   (e)   Present zoning district;
   (f)   Proposed use;
   (g)   Proposed zoning district;
   (h)   A vicinity map at a scale approved by the Zoning Administrator showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Administrator may require;
   (i)   A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten (10) parcels are to be rezoned;
   (j)   A statement on the ways in which the proposed amendment relates to the comprehensive plan;
   (k)   A fee as established by Village Council.

1149.04 CONTENTS OF APPLICATION FOR ZONING TEXT AMENDMENT.

   Applications for amendments proposing to change, supplement, amend, or repeal any portion(s) of this Ordinance, other than the Official Zoning Map, shall contain at least the following information:
   (a)   Name, address, and phone number of the applicant;
   (b)   The proposed amending ordinance, approved as to form by the Village Law Director;
   (c)   A statement of the reason(s) for the proposed amendment;
   (d)   A statement explaining the ways in which the proposed amendment relates to the comprehensive plan;
   (e)   A fee as established by Village Council.

1149.05 TRANSMITTAL TO PLANNING COMMISSION.

   Immediately after the adoption of a resolution by the Village Council or the filing of an application by at least one (1) owner or lessee of property, said resolution or application shall by transmitted to the Planning Commission.

1149.06 SUBMISSION TO DIRECTOR OF TRANSPORTATION.

   Before any zoning amendment is approved affecting any land within three hundred (300) feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered or certified mail, to the Director of Transportation. The Commission may proceed as required by law; however, the Village Council shall not approve the amendment for one hundred twenty (120) days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Village that he shall proceed to acquire the land needed, then the Village shall refuse to approve the rezoning. If the Director of Transportation notifies the Village that acquisition at this time is not in the public interest, or upon the expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the Village Council shall proceed as required by law.

1149.07 RECOMMENDATION BY PLANNING COMMISSION.

   Within sixty (60) days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to the Village Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The written decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based, to include the basis for their determination that the proposed amendment is or is not consistent with the comprehensive plan.

1149.08 PUBLIC HEARING BY VILLAGE COUNCIL.

   Upon receipt of the recommendation from the Planning Commission, Village Council shall schedule a public hearing. Said hearing shall be not more than sixty (60) days from the receipt of the recommendation from the Planning Commission. Receipt of the recommendation from the Planning Commission shall be considered to occur at the next regularly scheduled Council meeting occurring at least ten (10) days following the Planning Commission meeting at which the recommendation was made. Council may extend the period prior to the public hearing for up to an additional sixty (60) days provided the applicant has been notified in writing and agrees with any extension beyond the initial sixty (60) day period.
(Ord. 2004-20. Passed 2-11-04.)

1149.09 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Notice of the public hearing required in Section 1149.08 shall be given by Village Council by at least one (1) publication in one (1) or more newspapers of general circulation in the Village. Said notice shall be published at least thirty (30) days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

1149.10 NOTICE TO PROPERTY OWNERS BY VILLAGE COUNCIL.

   If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least twenty (20) days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list, and to such other list or lists that may be specified by Village Council. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1149.09.

1149.11 ACTION BY VILLAGE COUNCIL.

   Within sixty (60) days after the public hearing required by Section 1149.08, the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event the Village Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three-fourths of the full membership of Village Council. No such ordinance shall be passed unless it has been fully and distinctly read on three different days except that such ordinance may become emergency legislation if three-fourths of the members of Village Council vote to dispense with this rule.
(Ord. 2004-20. Passed 2-11-04.)

1149.12 EFFECTIVE DATE AND REFERENDUM.

   Such amendment adopted by Village Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance there is presented to the Village Clerk a petition, signed by a number of qualified voters residing in the Village equal to not less than ten (10) per cent of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting the Village Council to submit the zoning amendment to the electors of the Village for approval or rejection at the next general election.
   No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.