Lorain City Zoning Code
TITLE NINE
Zoning Administration, Enforcement and Procedures
1171.01 CITY COUNCIL.
(a) Procedures.
(1) Regular Meetings. The regular meetings shall be held in the Council chambers on the first and third Monday evenings of each month promptly at 6:00 p.m.. If the day of the meeting falls on a legal holiday, the meeting shall be held of the following day. Council shall recess during the month of August.
(2) Special Meetings. Special meetings may be called by the Mayor or any three (3) members of the legislative authority, or by a majority vote of the legislative authority during any meeting upon providing at least twenty-four (24) hours' notice to each member of the legislative authority and to the news media that have requested notifications, except in the event of an emergency requiring official action. In the event of an emergency, notification must be provided to the news media that have requested notification immediately of the time, place and purpose of the meeting in accordance with O.R.C. 121.22.
(3) Public Meetings. All regular, special, emergency, committee, work sessions and public hearings, etc. of the legislative authority shall be open to the public and conducted in accordance with O.R.C. 121.22. All minutes and records of the Council shall be available to the public to view and/or purchase in the Clerk of the Council office during business hours.
(4) Public Hearings. The President of Council, or designee, shall preside over public hearings required and/or scheduled by the legislative body. No public hearing shall be scheduled unless a resolution setting forth the reasons therefore is adopted or it is a requirement stipulated by state statutes.
(5) Opening Procedures. The President shall call the meeting to order and follow the order of business as listed on the agenda. In the absence of the President, the President Pro-tempore shall preside. In the event the President and President Pro-tempore are absent and a quorum is present, Council shall designate a member to preside until the President or President Pro-tempore arrives.
(6) Quorum. A majority of Council members elected shall be considered a quorum to conduct business.
(7) Three Readings. No ordinance or resolution shall be passed until it has been read on three (3) separate days in accordance with O.R.C. 731.17, unless the statutory requirement has been dispensed with by a three-fourths (3/4) affirmative vote of the legislative authority. All ordinances and resolutions may be read by caption only, provided all members have copies.
(b) Powers and Duties. The City Council, for purposes of this Ordinance, shall have the following duties:
(1) Adopt the Zoning Ordinance and any subsequent amendments to the Ordinance;
(2) Act upon the preliminary site plan for all planned unit development and mixed-use development requests;
(3) Create preservation districts or design review districts or designate individual landmark properties;
(4) Review and act upon the proposed sale of landmark properties; and
(5) Establish a schedule of fees for applications required by this Ordinance.
(Ord. 4-21. Passed 1-4-21.)
1171.02 PLANNING COMMISSION.
(a) Membership. There is established a City Planning Commission, consisting of five (5) members as follows:
(1) The Mayor;
(2) The Service Director; and
(3) Three (3) citizens of the City who shall serve without compensation for terms of six (6) years each, which shall be staggered. To the extent possible, citizen members should be selected with the member exhibiting at least one (1) of the following areas of experience:
A. Licensed Building Contractor
B. Representatives with proven or demonstrated expertise in Real Property, Real Estate Appraisal, Real Estate Law, Land Use Planning, Municipal Zoning, Architecture, City Planning, or Land Development, as well as construing municipal zoning language and codes and their impact on land use applications.
(b) Procedures.
(1) Meetings of the Commission shall be held monthly when there is business to transact. There shall be a fixed place of meeting and all meetings shall be open to the public. The Commission shall adopt its own rules of procedure and keep a record of its proceedings, showing the action taken and the vote of each member upon each application considered. The presence of three (3) members shall constitute a quorum and be necessary to conduct business. Decisions shall be made by a majority of the quorum present at the meeting.
(2) The Commission may adopt rules of procedure to be followed in the performance of its duties
(c) Powers and Duties. For the purpose of this Zoning Ordinance, the Planning Commission shall have the following duties:
(1) Initiate proposed amendments to this Zoning Ordinance;
(2) Review all proposed amendments to this Zoning Ordinance and make recommendations to Council;
(3) Review all requests for planned unit and mixed-use developments and make recommendations to Council;
(4) Review and act upon all site plans, as designated by this Ordinance;
(5) Review all plats of proposed allotments and make recommendations to Council; and
(6) Review lot splits and report same for commercial property and residential lot splits creating three (3) or more separate parcels.
(Ord. 4-21. Passed 1-4-21.)
1171.03 ZONING BOARD OF APPEALS.
(a) Membership. The Zoning Board of Appeals shall consist of five (5) members, who shall include the Safety Service Director and four (4) residents of the City, who shall be appointed by the Mayor, subject to approval by the majority of the members of Council. To the extent possible, Zoning Board of Appeals members should represent different geographical areas of the City and varied occupational or professional fields, including at least one of the following areas of experience:
(1) Licensed Building Contractor
(2) Representatives with proven or demonstrated expertise in either Real Property, Real Estate Appraisal, Real Estate Law, Land Use Planning, Municipal Zoning, Architecture, City Planning, or Land Development, as well as construing municipal zoning language and codes and its impact on land use applications.
(b) Those members appointed to this Board shall be appointed for a term of six (6) years, except that of the five (5) appointed initially, the terms shall be staggered for six (6), four (4), and two (2) years. Any member of the Zoning Board of Appeals may be removed, with or without cause, by the Mayor. Any vacancies occurring during the term of any member of the board, shall be filled in a manner authorized for an original appointment.
(c) Procedures.
(1) Meetings of the Board shall be held monthly when there is business to transact. There shall be a fixed place of meeting and all meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action taken and the vote of each member upon each question considered. The presence of three (3) members shall constitute a quorum and be necessary to conduct business. A vote of a majority of the members of the entire Board is necessary to approve or make any recommendation.
(2) The Board may adopt policies and interpretations to be followed in enforcing the Zoning Ordinance.
(d) Powers and Duties.
(1) The Board shall hear and decide appeals de novo and review an appeal when it is alleged that there is an error in any order, requirement, decision, or determination made by any official relating to the enforcement of the Zoning Ordinance.
(2) The Board shall hear and decide other matters referred to it under the provisions of this Zoning Ordinance.
(3) Where, because of exceptional circumstances, the strict application of provisions of this Zoning Ordinance would cause undue hardship or exceptional practical difficulty upon the owner of a property, the board may authorize a variance from the terms of this Ordinance as will not be contrary to the public interest, so that the spirit of this Ordinance shall be observed and substantial justice done.
(Ord. 4-21. Passed 1-4-21.)
1171.04 DESIGN REVIEW BOARD.
(a) Membership. The Design Review Board shall consist of seven (7) members. Members shall be appointed by the Mayor with the approval of Council. All members should have a demonstrated interest in historic preservation together with a determination to work for the overall improvement of the quality of the City's physical environment. An effort should be made to appoint persons with special expertise that may be of assistance in the efficient operation of the Review Board.
(1) To the extent possible, membership should be selected from the following:
A. Safety/service director,
B. Registered architect,
C. Licensed building contractor,
D. Planner from the community development department,
E. Representative of downtown business interests,
F. Representatives of planning, real estate, design, building trades, landscape architecture, law or finance,
G. Resident within the design review overlay district, and
H. Individual with education and/or training in architectural history, history or archaeology.
(2) All members shall satisfy at least one (1) of the following conditions:
A. Reside within the City of Lorain.
B. Own property within the City of Lorain.
C. Own a business that is based within the City of Lorain.
D. Be employed within the City of Lorain.
(3) The Design Review Board shall elect from its membership a chairperson, vice-chairperson, and a secretary.
(4) Each appointed member shall serve a term of two (2) years and may be reappointed for subsequent terms, except that the initial appointments that shall be staggered; three (3) members shall be appointed for a one (1) year term and may be reappointed. Vacancies shall be filled for the unexpired term in the same manner as original appointments.
(5) Members shall serve without compensation from the City.
(6) Any member of the review board shall be subject to removal for just cause by the Mayor with the consent of Council.
(b) Applicability.
(1) The Design Review Board shall function to improve the quality of life in the City by striving to further and achieve the spirit and purpose of this Ordinance; and
(2) The Design Review Board shall promote the protection of property values in order to further the City's goals of sound economic and community development.
(c) Procedures.
(1) The presence of four (4) members shall constitute a quorum and be necessary to conduct business. All meetings and records of the Review Board shall be public. Decisions of the Review Board shall be made by a majority vote of the members present at the meeting.
(2) Meetings of the Design Review Board shall be held monthly when there is business to transact. There shall be a fixed place of meeting and all meetings shall be open to the public. The Design Review Board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action taken and the vote of each member upon each matter considered.
(d) Powers and Duties. The Review Board shall have the following duties:
(1) The Design Review Board may make recommendations to the Planning Commission and Council for additions or revisions to this Ordinance or recommend legislation that would best serve to develop, preserve, restore and beautify the City.
(2) The Design Review Board shall be responsible for reviewing and providing a recommendation for proposed projects within the design review overlay district and on properties containing a designated historic or landmark structure, as prescribed by this Ordinance.
(3) Until such time as a Historic District Commission And/or Landmarks Commission is established by the City, the Design Review Board may conduct or cause to be conducted or assist in a continuing survey of all property, sites, or areas of architectural, archaeological, historic, and aesthetic interest in the City which the Board, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as a landmark or preservation district.
(4) The Design Review Board shall work for the continuing education of the citizens of the City with respect to the architectural and historic heritage of the City, its landmarks and preservation districts as designated under the provisions of this Ordinance, and shall make every effort to improve the overall design and the environmental awareness of the people. The Design Review Board shall keep current a register of all landmarks and preservation districts. All landmarks shall be given a number and a description accompanied by a photograph. The reason for designating a landmark or for recommending the establishment of additional preservation districts shall be set forth in writing. This register shall be made available to Council, the City Planning Commission, the Board of Zoning Appeals, all City departments and the public.
(Ord. 4-21. Passed 1-4-21.)
(a) Authority. The duty of administering and enforcing the provisions of this Zoning Code is conferred upon the Zoning Administrator. For this purpose, he/she shall have those powers prescribed by this Ordinance and as may reasonably be implied. The Zoning Administrator may be assisted by such personnel deemed necessary by the City Council.
(b) Powers and Duties.
(1) Upon finding that any provision of this Ordinance is being violated, he shall notify in writing the person responsible for such violation, ordering the action necessary to correct the violation.
(2) Order discontinuances of illegal uses of land, buildings or structures.
(3) Order removal of illegal buildings, structures, additions, or structural alterations and order discontinuance of any illegal work being done.
(4) Issue certificates of completion for projects meeting the requirements of this Code. In those cases when a request is not in conformance with applicable requirements, he shall inform the applicant in writing regarding the noncompliance and deficiencies.
(5) Keep permanent records of all applications, permits and other transactions.
(6) Maintain the official copy of the Zoning Map and recording amendments as they occur.
(7) Conduct inspections, as necessary, to enforce the Zoning Ordinance and keep records of such.
(8) Serve as secretary of the Zoning Board of Appeals and the Planning Commission, without voting power, and provide staff assistance and information as may be requested by those bodies.
(Ord. 4-21. Passed 1-4-21.)
1173.01 ADMINISTRATIVE PROCEDURES.
It shall be unlawful for any person to commence excavation for or construction of any building or structure, or moving of any existing building or structure without first obtaining a permit from the Chief Building Inspector. No permit shall be issued for the construction, moving, placement or alteration of any building or structure until proper approval has been granted and fees have been submitted in accordance with the provisions of this Code.
(Ord. 4-21. Passed 1-4-21.)
1173.02 MINIMUM REQUIREMENTS.
In the interpretation and application of this Code, all provisions shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. It is not intended by this Code to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance other than this Zoning Code; or with any rules, regulation or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this Code imposes a greater restriction than is required by any existing ordinance or by rules, regulations or permits, the provisions of this Code shall control. Nothing in this Code should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, morals and general welfare. (Ord. 4-21. Passed 1-4-21.)
1173.03 GENERAL RESPONSIBILITY.
The provisions of this Code shall be administered and enforced by the Mayor and City Council, Planning Commission, Zoning Board of Appeals, Design Review Board, Zoning Administrator and their respective designees. The Zoning Administrator shall, among other duties, issue all approvals and notices of violations provided for in this Code.
(Ord. 4-21. Passed 1-4-21.)
1173.04 PUBLIC NUISANCE, PER SE.
Any building or structure which is erected, repaired, altered, or converted; or any use of premises or land which is begun or changed subsequent to the time of passage and in violation of any of the provisions of this Code is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(Ord. 37-25. Passed 4-7-25.)
1173.05 PERFORMANCE GUARANTEES.
(a) As a condition of approval of a final plat and/or prior to the issuance of a certificate of zoning compliance for a non-residential structure, multiple-family development, or attached single-family development, if some or all required improvements have not been made, a financial guarantee may be required of sufficient sum to assure the installation of those features or components of the approved activity or construction that are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Those features or components, referred to as "improvements" may include, but shall not be limited to, streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.
(b) Performance guarantees shall be processed in the following manner:
(1) Prior to approval of a final plat and/or issuance of a certificate of zoning compliance, the applicant shall submit an itemized estimate of the cost of those required improvements subject to the performance guarantee, which shall then be reviewed by the Zoning Administrator. The amount of the performance guarantee shall be one hundred percent (100%) of the cost of purchasing materials and installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies, but not-to-exceed one hundred twenty-five percent (125%) of the estimated cost of construction and materials.
(2) The required performance guarantee may be in the form of a cash deposit or check.
(3) Upon receipt of the required performance guarantee, a permit shall be issued for the subject development or activity, provided it is in compliance with all other applicable provisions of this Code and other applicable ordinances of the City.
(4) The City, upon the written request of the owner, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed, as determined by the City. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.
(5) When all required improvements have been completed, the owner shall send written notice of completion of the applicable improvements to the Zoning Administrator. Thereupon, the Zoning Administrator shall cause an inspection to be made of all the improvements and approve, partially approve, or reject the improvements with statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be retained and the owner will be directed to complete the missing items. Where partial approval is granted, the owner shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved. The City may withhold issuance of the certificate of zoning compliance until all improvements are completed.
(6) A record of authorized performance guarantees shall be maintained by the Zoning Administrator.
(Ord. 37-25. Passed 4-7-25.)
1173.99 ENFORCEMENT AND PENALTIES.
(a) Zoning Administrator. The City shall provide for the enforcement of this ordinance by appointing a Zoning Administrator, who shall, jointly with other designated personnel, have the right to enforce the provisions of this Code which may include withholding applicable approvals for noncompliance or violation, including withholding issuance of the certificate of completion if any or all required site improvements are not completed. The Zoning Administrator shall not have authority to grant approval of any action that does not meet the requirements of the Zoning Code.
(b) Violations.
(1) Any building, structure, use or condition that exists or is erected, altered, converted, or maintained in violation of this Code shall be subject to a minimum penalty of five hundred dollars ($500.00). Continuance of a violation shall be considered a separate and distinct offense for each day the violation is continued. Furthermore, such building, structure, use or condition that is in violation of this Code is not eligible for a variance or other zoning action and will be subject to fines until the building, structure, use, or condition is brought into compliance.
(2) Any person or entity that violates any provision of this Code or fails to comply with the requirements thereof shall be subject to a minimum penalty of five hundred dollars ($500.00) for each violation and, in addition, all costs and expenses related to that case. Continuation of any violation of this Code shall be considered a separate and distinct offense for each day any such violation is continued. The owner, lessee, 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 provided. Nothing contained in these provisions shall prevent the City from taking such other lawful action as necessary to prevent or remedy any violations.
(c) Enforcement of Violations. When the Zoning Administrator finds that any provision of this Code is being violated, he/she shall execute the following procedures:
(1) The Zoning Administrator or designee may obtain a warrant to enter private property in the enforcement of this ordinance; provided, if permission is granted by the property owner or tenant, such warrant shall not be needed.
A. Notice of violation. Whenever the Zoning Administrator or designee shall find that there is a violation of the provisions of this Code, he/she shall serve notice to the owner and occupant of the premises to comply with the relevant provisions. It shall be sufficient notification if the notice is delivered to the person to whom it is addressed or deposited in the United States mail, properly stamped, and addressed to the address listed on the property tax rolls.
B. Failure to comply with notice. If the person to whom the violation notice is directed fails or neglects to comply with the provisions of this section within fifteen (15) days after the notice has been received, or within twenty (20) days after a copy of the notice has been deposited in the United States mail, that person shall be considered in violation of this section and subject to the penalties set forth in this Code.
C. Property subject to abatement of conditions. It shall be unlawful for any owner, agent or occupant of any lot, parcel or tract of land which is subject to the provisions of this Code to permit the conditions set forth in this section to exist or continue after receiving notice. It shall be the duty of the owner, agent, or occupant of any such lot, parcel, or tract in violation of the provisions of this Code to abate the unlawful condition.
(2) If any person, owner, agent, or occupant of property shall fail to comply with a written notice of violations(s) or shall fail to correct a violation thereof within the time period specified, the Zoning Administrator may:
A. Enter an administrative order directing compliance with the provisions of this section and all other applicable statutes, laws, and ordinances.
B. Board up the premises in order to make it inaccessible for habitation.
C. Commence an action in a court of competent jurisdiction for injunction, mandamus or abatement or discontinuance of violations of the provisions of this Code or other ordinances of the City of Lorain.
(3) If a violation of this Code is not corrected within the time period provided, enforcement officials are authorized to enter upon such property and correct or abate such violations or take such other action as may be reasonably necessary to remove the threat to the public health, safety and welfare. All costs incurred in such action, including, but not limited to, inspection, administration, labor and equipment costs, court costs and attorney's fees, shall become a lien on the subject property and shall be collected in the same manner as taxes are collected.
(4) The remedies provided in this section are not mutually exclusive and shall be cumulative to other remedies provided in this Code and to any other remedy provided at law or in equity.
(5) In case any building is erected, constructed, reconstructed, altered, converted, or maintained or any building, structure, or land is or is proposed to be used in violation of this Code, the Zoning Administrator, or other appropriate authority of the City of Lorain, may, in addition to other remedies, institute injunction, mandamus, or other appropriate action of proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, structure or land.
(6) Any subdivision of property conducted for the purpose of fraudulently circumventing this Code shall be considered void and the provisions of this Code shall apply.
(d) Complaints Regarding Violations. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a written and signed complaint with the Zoning Administrator stating fully the causes and basis for the complaint. Upon receiving the complaint, the Zoning Administrator shall investigate the complaint, and take whatever action is warranted.
(e) Persons Liable for Violations. The owner, tenant, or occupant of any building or land or part thereof and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code may be held responsible for the violation and suffer the penalties and be subject to the remedies provided in this chapter.
(f) A person who or which refuses, neglects or fails to comply with an order issued under the provisions of this Code or other applicable Codes of the City of Lorain; or refuses, neglects or fails to comply with a notice to repair, rehabilitate or demolish a building or other structure declared to be unsafe under the provisions of this Code, or refuses, neglects or fails to comply with a notice requiring the abatement or removal of a violation or requiring a compliance with any provisions of this Code or other applicable Codes or any rule or regulation hereunder within the time limit set forth in such notice or maintains a use or occupancy prohibited by this Code, shall be guilty of a misdemeanor of the first degree.
(Ord. 37-25. Passed 4-7-25.)
1175.01 DECISIONS.
(a) Appeals.
(1) Appeals to the Zoning Board of Appeals concerning the interpretation or enforcement of this Zoning Code may be made by any person affected or aggrieved by any decision of the Zoning Administrator.
(2) Such appeal shall be made within twenty (20) days after the decision by filing with the Zoning Administrator a notice of appeal specifying the grounds upon which the appeal is being made. The notice of appeal shall be accompanied by a filing fee as established by the City Council.
(3) Within seven (7) days of receiving a notice of appeal, the Zoning Administrator shall transmit a copy of the notice, along with all papers relating to the appealed action, to the chairman of the Board who shall present the appeal at the next scheduled meeting.
(b) Variances.
(1) The Zoning Board of Appeals is authorized to grant, upon appeal in specific cases, such variances from the terms of the Zoning Code as will not be contrary to the public interest, where owing to special conditions of the property, a literal enforcement of the provisions of this Code will result in unnecessary hardship.
(2) A nonconforming use of neighboring lands or structures in neighboring lands in the same or other zoning district shall not be considered grounds for the issuance of a variance.
(3) Variance shall not be granted on the grounds of convenience or economics, but only where strict application of the provisions of this Zoning Code would result in undue hardship due to conditions of the property.
(4) Variances shall not be granted which permit any use not otherwise permitted or expressly, or by implication, prohibited in the district involved. (Ord. 4-21. Passed 1-4-21.)
1175.02 STAY OF PROCEEDINGS.
An appeal stays all proceedings in furtherance of the appealed action, unless the Zoning Administrator certifies to the Zoning Board of Appeals that, in his opinion, a stay of proceedings would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order granted by the Board, or by a court of record on application, or notice to the Zoning Administrator from whom the appeal is taken on due cause shown.
(Ord. 4-21. Passed 1-4-21.)
1175.03 APPLICATION AND STANDARDS FOR VARIANCES.
(a) A variance from the terms of this Code shall not be granted unless a written application is submitted to the Zoning Administrator. The application for a variance shall be accompanied by a filing fee as established by the City Council.
(b) Within seven (7) days of receiving an application for a variance, the Zoning Administrator shall transmit a copy of the application, together with all papers relating to the action, to the chairman of the Zoning Board of Appeals who shall present the application at the next scheduled meeting.
(c) The application for a variance shall be fully completed, including a site plan and narrative. In addition to the information and materials required as part of the application, other supplementary material supporting the variance request and relevant to the review standards should be provided by the applicant. Incomplete applications will not be forwarded to the Board of Appeals for consideration.
(d) A variance shall only be granted upon a finding by the Board of Appeals that all the following standards have been satisfied:
(1) That special conditions and circumstances exist which are particular to the property involved and are not generally applicable to other properties in the same district.
(2) That the literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district.
(3) That the special conditions and circumstances which exist are not the result of actions of the applicant.
(4) That granting the requested variance will not give the applicant any special privileges denied to other properties in the same district.
(e) All materials and information shall be provided to the Zoning Administrator at least fourteen (14) working days prior to the next regularly scheduled meeting of the Board. If this is not done, the application will be held until the next meeting.
(f) Consideration of the application shall be at a meeting open to the public. Prior to conducting the meeting, written notice of the agenda shall be placed in a newspaper of general circulation in the City at least seven (7) days prior to the meeting. The notice shall state the place, date and time of the meeting, and shall also be sent by first class mail, at least ten (10) days before the date of the meeting, to the owners of the property contiguous to and directly across the street from the property subject to the application.
(1) The required notices shall be addressed to the contiguous owners of real estate and those directly across the street from the property subject to the variance application as they appear on the County Auditor's current tax list or the County Treasurer's mailing list.
(2) The failure of delivery of such notice shall not invalidate any action taken by the Zoning Board of Appeals; provided, the notice was mailed by first-class mail to the individuals as described in Section 1175.03(f) at least ten (10) days before the date of the meeting.
(Ord. 4-21. Passed 1-4-21.)
1175.04 TIME LIMIT ON VARIANCES.
Unless otherwise specified by the Board as a condition of approval, any variance granted shall automatically become null and void after a period of twelve (12) months from the date of approval if substantial construction has not commenced, unless the owner or his/her agent has demonstrated, in writing, that substantial steps have been taken toward effecting the variance. Such written evidence shall be submitted prior to the expiration of the twelve (12) month period. Building permits shall only be granted for plans consistent with the approved application. Any deviation from the information submitted shall require a new application and reconsideration by the Board. (Ord. 4-21. Passed 1-4-21.)
1175.05 CONDITIONS.
In granting any appeal or variance, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance was granted, shall be deemed a violation of this Code.
(Ord. 4-21. Passed 1-4-21.)
1175.06 APPEAL OF BOARD DECISION.
The Zoning Board of Appeals shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance. Appeals from any decision of the Board of Appeals shall be made to the Court of Common Pleas.
(Ord. 4-21. Passed 1-4-21.)
1177.01 AUTHORITY TO AMEND.
Whenever the public necessity, convenience, general welfare or good zoning practices require, Council, after receipt of recommendation from the Planning Commission and subject to procedures provided by law, may by ordinance amend, supplement, change, or repeal any regulations, boundaries, or classification of property.
(Ord. 4-21. Passed 1-4-21.)
1177.02 TEXT AND ZONING MAP AMENDMENTS.
(a) Initiation of Code Amendments. Applications for amendment of these regulations may be in the form of proposals to amend the text or to amend the Zoning Map. Applications for amendment to the Zoning Map may be initiated by the owner or option holder of property that is the subject of the amendment request or by the Planning Commission or City Council upon its own initiative. Only the Planning Commission or City Council may initiate an amendment to the code text.
(b) Resubmittal of Map Amendment Requests. No application for a zoning map amendment which has been denied by the City Council, shall be resubmitted within six (6) months of the date when the request was first denied. However, if the amendment request is for a different zoning district than the prior request, an application may be accepted.
(Ord. 4-21. Passed 1-4-21.)
1177.03 AMENDMENT PROCEDURES.
(a) Application. Each application to amend the Zoning Map shall be filed with the Zoning Administrator on forms provided for that purpose along with the application fee and any other required documentation. Only compete applications, containing all required information and exhibits and the required fee, shall be processed. An application shall not be withdrawn by the applicant after the legal notification for public hearing has been processed by the City, except as otherwise provided.
(b) Planning Commission Recommendation.
(1) Immediately after the filing of a resolution by a member of Council or the filing of an application by at least one owner of property, the resolution or application shall be transmitted to the Planning Commission.
(2) Within sixty (60) days from the receipt of the proposed amendment and all required supporting documents, the application shall be placed on the agenda of the Commission for consideration, after which the Commission shall transmit its recommendation to Council. In no event shall an application to amend the Zoning Code or Zoning Map be placed on the agenda of the next scheduled meeting of the commission unless the application and all required supporting documents have been submitted to the secretary of the planning commission at least fourteen (14) working days prior to the scheduled meeting.
(c) Public Notice.
(1) Prior to the Planning Commission conducting a hearing upon a request for a zone change, written notice of the agenda of the hearing shall be placed in a newspaper of general circulation in the City, stating the place, date and time of the hearing, at least seven (7) days prior to the hearing, and notice shall be mailed by the Clerk of the Planning Commission by first class mail at least ten (10) days before the date of the hearing to the owners of the property contiguous to and directly across the street from the property being considered for a zone change.
(2) The notices shall be addressed to the contiguous owners of real estate, to those directly across the street from the property being considered for a zone change and to the owners of property being considered for a zone change as the appear on the County Auditor's current tax list or the County Treasurer's mailing list.
(3) Failure to deliver the notice by first class mail shall not invalidate any action taken by the Planning Commission provided the notice of hearing was mailed at least ten (10) days before the date of the hearing to the individuals as described in Subsection (c)(1).
(d) City Council Action.
(1) Upon the Clerk of Council's receipt of the recommendation of a zone change from the Planning Commission, Council shall schedule a public hearing. The hearing shall be held not more than forty (40) days after the receipt of the recommendation of a zone change from the Commission.
(2) Notice of the public hearing shall be provided by Council in at least one (1) notice published in a newspaper of general circulation in the City. The notice shall be published at least thirty (30) days before the hearing date. The notice shall set forth the time and location of the public hearing and a summary of the proposed amendment.
(3) When a proposed amendment proposes to rezone ten (10) or fewer 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 hearing date, to all owners of lots abutting and/or across the street from the premises for which a zone change is being requested. The notice shall contain the same information as the newspaper notice. Failure to deliver the notice by first class mail shall not invalidate any action taken by the Council; provided, the notice of hearing was mailed at least twenty (20) days before the date of the hearing to the individuals as described in this subsection.
(4) During the thirty (30) days prior to the hearing, the proposed map or text amendment and all related maps, plans, or other data shall be available for public examination in the office of the Zoning Administrator.
(5) Within thirty (30) days after the conclusion of the public hearing, Council shall initiate the legislative process to either adopt or deny the recommendation of the Planning Commission, or adopt some modification thereof.
(6) An ordinance which adopts the recommendation of the Commission shall require the concurrence of a majority of the full membership of Council. The Planning Commission recommendation shall be deemed approved if not adopted, modified or denied within sixty (60) days after the legislative process has commenced.
(7) An ordinance which denies or modifies the recommendation of the Commission shall require the concurrence of three-fourths (3/4) of the full membership of Council.
(8) No such ordinance may be passed unless it has been fully read on three (3) different days, unless this requirement is waived by a three-fourths (3/4) majority of all members elected to Council. An ordinance amending the zoning regulations may contain an emergency clause, whereas an ordinance amending the zoning map shall not contain an emergency clause.
(Ord. 4-21. Passed 1-4-21.)
1177.04 STANDARDS.
In order to promote the public health, safety, and general welfare of the city against the unrestricted use of property, the Council and Planning Commission may consider the following standards and any other factors relevant to balancing the public interest in making any rezoning decision:
(a) Is the request in conformance with the City's comprehensive long-range plan?
(b) Is this request a logical extension of a zoning boundary which would improve the pattern of uses in the general area?
(c) Does the current zoning classification unreasonably restrict the use and enjoyment of the subject property?
(d) Has a change of conditions occurred in the surrounding area which makes the current zoning of the property unreasonable?
(e) Is this spot zoning and generally unrelated to either existing zoning or the pattern of development of the area?
(f) Could traffic created by the proposed use or other uses permissible under the proposed zoning district travel through established residential neighborhoods on minor streets, leading to congestion, noise and traffic hazards?
(g) Will the proposed use substantially conflict with existing density patterns in the zone or neighborhood?
(h) Would the proposed use precipitate similar requests which would generate or accelerate adverse land use changes in the zone or neighborhood?
(i) Will the request have any impact on any present or planned historic site or development in the City?
(j) Will the action adversely impact adjacent or nearby properties in terms of:
(1) Environmental quality or livability, resulting from the introduction of uses or activities which would create traffic, noise, odor or visual hazards or the reduction of light and air that is incompatible with the established development pattern.
(2) Property values, by rendering such properties less suitable and therefore less marketable for the type of development to which they are committed or restricted.
(k) Will the action create development potential of such increased intensity that storm water runoff from the site cannot be controlled within previous limits, resulting in adverse impacts upon existing down-stream drainage problems or potential problems?
(l) Will the action create development opportunities that could create traffic flow beyond the carrying capacity of the current street system?
(m) Will the action result in public service requirements such as provision of utilities or safety services which, because of the location or scale of the development, cannot be provided economically and therefore would create an actual burden to the public? (Ord. 4-21. Passed 1-4-21.)
1177.05 REZONING WITH A CONDITIONAL USE.
(a) Purpose. It is recognized that there may be instances in which it would be in the best interests of the City, as well as advantageous to the property owner seeking a change in zoning boundaries, if certain conditions could be proposed by the property owner as part of a rezoning request. In order to encourage appropriate land use, stabilize property values, and protect neighborhoods, the applicant may propose and the Planning Commission may recommend that a proposed zone change only be approved with certain conditions and safeguards. Any property where a zone change has been approved under such conditions shall be known as a "conditionally zoned" property and indicated as such with a suffix "CZ" on the official zoning map.
(b) Application and Offer of Conditions.
(1) The required application and process for considering a conditional rezoning request shall be the same as for a rezoning request made without any offer of conditions, except as modified by the requirements of this section.
(2) An applicant for a rezoning may voluntarily offer zoning conditions, in writing, along with an application for rezoning before or following the public hearing for the proposed rezoning.
(3) The zoning conditions may include limitations on the uses permitted on the subject property, specification of lower density or less intensity of development and use, or may impose more restrictive measures on the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features.
(4) In addition to the information required under Section 1177.03(a), a zone change amendment application for a conditional use shall require a preliminary plan showing, at a minimum, the following information:
A. Location of buildings, building heights.
B. Location of streets, parking areas, loading areas.
C. Location of landscaped areas, buffer zones.
D. Gross acreage and proposed land coverage.
E. Detailed description of proposed uses.
F. Other information needed by the Commission to judge the impact of the proposal and the relationship to the surrounding area.
(5) Council's approval of a zone change for a conditional use allows only the specific use and arrangement of structures and facilities shown in the approved preliminary plan. Any building permit, Certificate of Occupancy, or Certificate of Zoning Compliance granted for such a conditional use must be in accordance with the approved plan. Any other use proposed shall require an application for a zone change amendment.
(6) The zoning conditions may not authorize uses or developments of greater intensity or density, or which are not permitted in the proposed zoning district; nor may the conditions permit variations from height, area, setback or similar dimensional requirements that are less restrictive than the proposed zoning district.
(7) The conditions offered by the owner shall bear a reasonable and rational relationship to the property for which the rezoning is requested.
(8) Following Council's approval of the preliminary plan, the Zoning Board of Appeals may, by variance, authorize minor adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards, provided that such requests conform to the general standards established by the approved preliminary plan and this Ordinance.
(9) The offer of conditions may be amended during the process of rezoning consideration; provided, any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the City Council; provided, if such withdrawal occurs subsequent to the Planning Commission's public hearing on the original rezoning request, the rezoning application shall be referred to the Planning Commission for reconsideration and a new public hearing with appropriate notice.
(c) Planning Commission Review. The Planning Commission, after public hearing and consideration of the standards for rezoning set forth in Section 1177.04, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.
(d) City Council Review. The Council may consider amendments to the proposed conditional rezoning, and if such amendments to the proposed conditions are acceptable to and agreed to by the owner, council shall then vote to approve or deny the revised conditions. The action by council shall be taken in accordance with the provision of Section 1177.03(d)(6) and (d)(7) of this Ordinance.
(e) Approval.
(1) If the City Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written conditional use agreement acceptable to the owner and conforming in form to the provisions of this section. The conditional use agreement shall be incorporated as an inseparable part of the ordinance adopted by council to accomplish the requested rezoning.
(2) The conditional use agreement shall:
A. Be in a form recordable with the office of the County Recorder or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the conditional use agreement in a manner acceptable to the City Council. A statement by the owner acknowledging that the conditional use agreement, affidavit or memorandum may be recorded by the City with the office of the County Recorder shall also be included. The cost of recording the agreement shall be paid by the owner.
B. Contain a legal description of the land to which it pertains.
C. Contain a statement acknowledging that the conditions run with the land and are binding upon successor owners of the land.
D. Incorporate by attachment or reference any diagram, plans or other documents submitted by the owner and approved by the Planning Commission or City Council that are necessary to illustrate the implementation of the conditional use agreement. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.
E. Contain the notarized signatures of all owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the conditional use agreement.
(3) Upon the effective date of the conditional rezoning, the Zoning Map shall be amended to reflect the new zoning classification along with a suffix designation "CZ" indicating the land was rezoned conditionally with a conditional use agreement. The City Clerk shall maintain a listing of all lands rezoned with a conditional use agreement.
(4) The approved conditional use agreement or an affidavit or memorandum giving notice thereof shall be filed by the City with the office of the County Recorder. The Council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the city or to any subsequent owner of the land.
(5) Upon the effective date of the rezoning, subsequent use of the subject property shall conform to all requirements regulating use and development within the new zoning district, as modified by any more restrictive provisions contained in the conditional use agreement.
(f) Compliance with Conditions.
(1) Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all conditions set forth in the conditional use agreement. Any failure to comply with a condition contained within the conditional use agreement shall constitute a violation of this Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance, per se, and subject to judicial abatement as provided by law.
(2) No permit or approval shall be granted under this Code for any use or development that is contrary to an applicable conditional use agreement.
(g) Time Period for Establishing Development or Use. Unless another time period is specified in the Ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced within eighteen (18) months of the effective date of the rezoning and proceed diligently to completion. Upon written request by the owner, the City Council may grant one extension for a period not to exceed one (1) year if:
(1) It is demonstrated to the Council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion and
(2) The City Council finds there has not been a change in circumstances that would render the conditional zoning incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.
(h) Reversion of Zoning. If the approved development and/or use of the rezoned land does not occur within the time frame specified under subsection (g) above, the City Council may request the Planning Commission to proceed with consideration of rezoning the land to its former or other suitable zoning classification. The procedure for considering and making this reversionary rezoning shall follow the procedures specified in this chapter for other map change amendments.
(i) Subsequent Rezoning of Land. When land that is rezoned with a conditional use agreement is subsequently rezoned to a different zoning classification or to the same zoning classification but with a different or no conditional use agreement, whether as a result of a City initiated action in accordance with subsection (h) above or otherwise, the conditional use agreement imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the City Clerk shall record with the office of the County Recorder a notice that the conditional use agreement is no longer in effect.
(j) Amendment of Conditions.
(1) During the time period for commencement of an approved development or use specified pursuant to subsection (g) above or during any extension granted by the Council, the City shall not add to or alter the conditions in the conditional use agreement.
(2) The conditional use agreement may be amended thereafter in the same manner as was prescribed for the original rezoning and conditional use agreement.
(k) City Right to Rezone. Nothing in the conditional use agreement nor in the provisions of this section shall be construed to prohibit the City from rezoning all or any portion of land that is subject to a conditional use agreement to another zoning classification or from amending the zoning provisions of the district in which the applicant's land is located. Any rezoning or other amendment shall be conducted in compliance with this Code.
(l) Failure to Offer Conditions. The City shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this Ordinance.
(Ord. 4-21. Passed 1-4-21.)