Loveland City Zoning Code
TITLE ONE
Zoning Administration
1105.01 PREAMBLE.
An ordinance of the City enacted in accordance with a comprehensive plan and for the purpose of promoting the public health, safety, morals, convenience, and general welfare, establishing land use classifications, dividing the City into districts, imposing regulations, restrictions, and prohibitions on the use and occupancy of real property, limiting the height, area, and bulk of buildings and other structures and providing for yards and other open spaces around them, establishing standards of performance and design and providing for the administration and enforcement thereof.
1105.02 TITLE.
Titles One, Three and Five of Part Eleven of the Codified Ordinances shall be known and may be cited and referred to as the Zoning Code of the City of Loveland, Ohio.
1105.03 INTERPRETATION AND ENFORCEMENT OF STANDARDS.
(a) In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements. Wherever this Zoning Code imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Zoning Code shall govern.
(b) With respect to enforcement, the provisions of this Zoning Code shall be inclusive in nature. Accordingly, except as otherwise specifically provided for in this Zoning Code, that which is not specifically permitted shall be prohibited.
1105.04 SEPARABILITY.
Should any section or provision of this Zoning Code be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Zoning Code as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
1107.01 DEFINITIONS.
For the purpose of this Zoning Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Definitions for telecommunications are located in Section 1165.09.
ACCESSORY STRUCTURE. A structure constructed or installed on, above, or below the surface of a parcel, which is located on the same lot as a principal structure and which is subordinate to or serves the principal structure, is subordinate in area to the principal structure, and is customarily incidental to the principal structure. "Accessory structure" includes anything of a subordinate nature detached from a principal structure or use, such as fences, walls, sheds, garages, parking places, decks, poles, poster panels, and billboards. "Accessory structure" does not mean or include structures providing utility service to the parcel, such as gas, electric, or water.
ACCESSORY USE. A use which is located on the same lot as a principal use and which is subordinate to or serves the principal use, is subordinate in area to the principal use, and is customarily incidental to the principal use.
(Ord. 2007-24. Pased 2-13-07.)
ADULT ENTERTAINMENT FACILITY. A facility having a significant portion of its function as adult entertainment which includes the following listed categories:
(1) ADULT BOOKSTORE. An establishment having adult materials as a majority of its sales inventory.
(2) ADULT MATERIAL. Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch and:
(a) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions or elimination; or
(b) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions or elimination.
(3) ADULT MOTION PICTURE THEATER. An enclosed motion picture theater or motion picture drive-in theater used for presenting adult material for observation by patrons therein.
(4) ADULTS ONLY ENTERTAINMENT ESTABLISHMENT. An establishment which features services which constitutes adult material, or which features exhibitions of persons totally nude, or topless, bottomless, strippers, male or female impersonators, or similar entertainment which constitute adult material.
(5) MASSAGE PARLOR. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, weight reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(6) The definition of ADULT ENTERTAINMENT FACILITY shall not include establishments where a medical practitioner, psychologist, psychiatrist, a licensed massage therapist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
(7) ADULT SOCIAL CLUBS AND SEXUAL ENCOUNTER ESTABLISHMENTS. An adult social club and sexual encounter establishment includes a business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities including sexual intercourse, masturbation, sexual excitement, sexual arousal or nudity. (Ord. 2016-97. Passed 12-6-16.)
AGRICULTURAL SERVICES. Agricultural services shall mean any commercial activity that primarily serves the agricultural community. Agricultural services shall include, but shall not be limited to: tractor and farm implement sales, grain elevators and farming machinery and equipment repair.
AGRICULTURE. The use of land for agricultural purposes, including farming of crops, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating, or storing the produce; however, the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
ALLEY. Any public or private thoroughfare less than 30 feet wide affording only secondary means of access to abutting properties.
ANIMAL HOSPITAL or VETERINARIAN CLINIC. A building used for the medical treatment, housing or boarding of domestic animals such as dogs, cats, rabbits and birds by a veterinarian.
ANIMAL SALES /SERVICES. Animal Sales/Service is any commercial facility or establishment that conducts as a principal use of the premises the sale or boarding of animals, or the provision of care, treatment or services for animals. This classification includes the following types of specific uses:
(1) ANIMAL BOARDING. Provision of shelter and care for small or large animals on a commercial basis. This use includes activities such as feeding, exercising, grooming and incidental medical care.
(2) ANIMAL GROOMING. Provision of bathing and trimming services for small or Domestic animals only on a commercial basis. This use includes boarding of domestic animals for a maximum of period of forty-eight (48) hours.
(3) ANIMAL HOSPITAL. Establishments where small or domestic animals receive medical and surgical care, diagnosis and treatment. This use includes only facilities that are entirely enclosed, soundproofed and air conditioned. Grooming and temporary (no more than 30 days) boarding of animals is included if incidental to the hospital use.
(4) ANIMAL RETAIL SALES. Retail sales and boarding of small or domestic animals only, provided that such activities take place within an entirely enclosed building. This use includes grooming if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of forty-eight (48) hours.
(5) ANIMAL SHOWS/SALES. Exhibitions of small/domestic or large animals for a Maximum of seven (7) days. This use includes animal sales.
(6) VETERINARY OFFICE. Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases. Overnight care and boarding of small or domestic animals is permitted for up to thirty (30) consecutive days within the interior of such facility.
APARTMENT. See DWELLING, MULTI-FAMILY.
ATM FREESTANDING MACHINES. Free standing automatic teller machines are stand alone structures placed on a parcel of land for the sole purpose of quick and convenient customer financial transactions.
AUTOMOTIVE SERVICE. Any general repair, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of parts to motor vehicles or trailers.
(Ord. 2007-24. Passed 2-13-07.)
AUTOMOTIVE SALES AREA or TRAILER SALES AREA.
(1) Automotive Sales Area. An open lot, other than a street used for the display, sale or rental of new or used motor vehicles by a presently existing new car automotive dealer with an Ohio license and franchise.
(2) Automotive Used Motor Vehicle Sales Area or Trailer Sales Area. An open lot, other than a street used for the display, sale or rental of used motor vehicles or trailers in operable condition where no repair work is done.
(Ord. 2010-47. Passed 7-27-10.)
AUTOMOTIVE FILLING STATION. Any building, or land area used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use, the sale and installation of lubricants, tires, batteries and similar accessories.
AUTOMOTIVE WASH or AUTOMATIC CAR WASH. A building or structure where chain conveyors, blowers, steam cleaners, or other mechanical devices are employed for the purpose of automatically or manually washing motor vehicles.
AUTOMOTIVE WRECKING YARD. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.
BASEMENT. A story partly underground and having at least one-half of its height above the average adjoining grade.
BED AND BREAKFAST ESTABLISHMENT. Any owner occupied dwelling unit that contains no more than four rooms where lodging, with or without meals, is provided for compensation.
BLOCK. In describing the boundaries of a district the word BLOCK refers to the legal description. In all other cases the word BLOCK refers to the property abutting on one side of a street between two intersecting streets or a street and a railroad right-of-way or watercourse.
BOARD. The Board of Zoning Appeals of the City of Loveland. (Ord. 2007-24. Passed 2-13-07.)
BREWPUBS. Shall mean an establishment where beer and malt beverages are produced on the premises for on-site consumption and distribution. The development may include other uses such as tasting room, bar, restaurant, or taproom. Brewpubs production shall not exceed five thousand (5,000) barrels per year. (Ord. 2016-10. Passed 2-9-16.)
BUILDING. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, or property.
BUILDING AND RELATED TRADES. Building and related trades are facilities that can manufacture, store, or sell all types of construction related materials. The following are examples and not exclusive: Lumber, drywall, windows, shingles, brick, concrete, electrical components, carpet, paint, insulation and plumbing supplies.
BUILDING, HEIGHT OF. The height of a building shall mean the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.
BUILDING LINE. The line, parallel to the street line, beyond which no building or part thereof shall project.
BUILDABLE LOT AREA. The portion of a lot remaining after required yards have been provided.
BULK STORAGE OR DISPLAY. The display of two or more items which are identical or nearly identical examples of which would include but are not limited to raw materials, firewood, mulch, fertilizer, building materials, building maintenance products, packaged food products, soft drinks, salt products, furniture and household goods, statuary and other manufactured concrete products, and like items.
CELLAR. An enclosed space within the foundation walls of a building and having more than one- half of its height below the average surrounding ground levels.
CEMETERY. Land used or intended to be used for the burial of the human dead and dedicated as a cemetery for such purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
CITY. All of the land located within the jurisdictional boundaries of the City of Loveland, Ohio.
CLINIC. A human place used for the care, diagnosis, and treatment of sick, ailing, infirm, and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
CLUB. A nonprofit association of persons who are bona fide members paying regular dues, and are organized for some common purpose, but excluding religious places of worship or a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMERCIAL COMMUNICATION ANTENNA. A tower, pole or other similar device, erected on the ground or roof top, for the purpose of transmitting or receiving radio, micro, cellular, or other electromagnetic waves between terrestrially and/or orbitally based uses.
COMMERCIAL ANIMAL SALES AND FEED LOTS. Commercial animal sales and feed lots facilities are for the sole purpose of selling typical farm animals such as turkeys, chickens, cattle, sheep, and horses. Feed lots are parcels or portions of land used to either grow and harvest feed for farm animals or parcels or portions of land where farm animals are fed.
COMMERCIAL FEED LOT. Commercial Feed Lot shall mean the confinement of 200 or more head of livestock on a farm or other site for the purpose of intensive feeding prior to slaughter or shipment in such concentration that ground vegetation is substantially destroyed where:
(1) The farm or site does not produce a minimum of 60 percent of the feed necessary to sustain the herd.
(2) The farm or site is sufficient in size to provide for the disposal of all animal wastes in a manner that they will not run off, seep, percolate, or wash into surface or subsurface waters.
COMMISSION. The City Planning and Zoning Commission of the City of Loveland.
(Ord. 2007-24. Passed 2-13-07.)
COMPUTERIZED INTERNET SWEEPSTAKE TERMINAL CAFÉ. Means any premises which there are situated Computerized Internet Sweepstake Devices that are available for the use or entertainment of the public within such premises, whether or not such premises have any other business purpose.
COMPUTERIZED INTERNET SWEEPSTAKE DEVICE. Means any computer, machine or apparatus which, is capable of connection to the internet, regardless of whether such connection is utilized, through a wireless router telephone line, digital subscriber line, satellite, cellular telephone, cable connection or any other method, which is engaged or accessed upon the insertion of a coin, token, or similar object, or the sliding of a magnetic card or entry of a code, or similar process, or upon payment of anything of value, either directly or indirectly, and which may be operated by the public generally for use as entertainment, amusement or a contest of skill, whether or not generally for use as a contest of skill, entertainment or amusement, whether or not registering a score and which when so utilized produces, announces, reveals or discloses the eligibility, award or payment of a cash prize redeemable on or at the Computerized Internet Sweepstake Terminal Café, whether or not said prize was in fact announced, revealed or disclosed through the usage of the Computerized Internet Sweepstake Device. Computerized Internet Sweepstake Device does not include machines designated for use by the State Lottery Commission. (Ord. 2011-99. Passed 11-22-11.)
CONDITIONAL USE. A use permitted within a district other than a principally permitted use, requiring a conditional use approval of the Planning & Zoning Commission.
CONFERENCE CENTER. A conference center is a facility used for conferences and seminars with accommodations for meeting rooms, resource facilities and which may include accommodations for sleeping, food preparation and eating, recreation and entertainment.
CONVALESCENT CARE FACILITY. A building or group of buildings, public or private, which provides personal care or nursing to ill, physically infirm or aged persons who are not related by blood or marriage to the operator.
CORPORATE OR BUSINESS TRAINING FACILITY. A corporate or business training facility shall mean a building utilized for the vocational training of potential, current or future employees.
COUNCIL. The City Council of the City of Loveland.
COURT. An open unoccupied, and unobstructed space, other than a yard, on the same lot with a building or group of buildings, which is enclosed on three or more sides fully open to the sky.
CRAFT INDUSTRY. Custom Industry is an establishment that primarily engages in on-site production or repair of goods by hand, involving the use of hand tools and small-scale equipment, including small engine repair, furniture making and restoring, upholstering, custom care or motorcycle restoring, and other similar uses.
DAY CARE. A building or structure where care, protection and supervision are provided on a regular schedule, for a fee, at least twice a week to at least five persons at one time, including any relation of the day care provider.
DECORATIVE FENCE. Decorative fencing is considered ornamental in nature and may be placed into the required front yard, if limited to four feet in height. Decorative fencing material shall be either metal, wood, composite material or vinyl and is designed to allow the natural elements to shine through. Solid stockade, chain link and board on board fencing shall not be considered decorative.
DISTRICT. A portion of the territory of the City, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter. The term R-District shall mean any R-LD, R-MD or R-MF District.
DISTRICT OVERLAY. District Overlay shall mean a superimposing of certain additional requirements upon an underlying basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
DRIVE-IN FACILITY. Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
DWELLING. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more families, but not including a tent, cabin, trailer or trailer coach, boarding or rooming house, hotel, or mobile home.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used by three or more families or housekeeping units, living independently of each other, with cooking and sanitary facilities in each dwelling unit.
DWELLING, SECONDARY. The addition of a second independent dwelling, attached or detached to the primary single family dwelling, housing a relative related by blood or marriage on the same lot.
DWELLING, SINGLE-FAMILY DETACHED. A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
DWELLING, TWO-FAMILY. A building designed for or used exclusively by two families or housekeeping units, living independently of each other, with cooking and sanitary facilities in each dwelling unit.
EDUCATIONAL INSTITUTION. A facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools, high schools and technical and collegiate level courses.
ESSENTIAL SERVICES AND UTILITIES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies for the public health, safety, or general welfare.
EXTENDED STAY FACILITY. Extended Stay Facilities are intended for longer terms of occupancy, from one week to months at a time. Extended Stay Facilities are similar to an apartment complex and are equipped with kitchen and laundry amenities. These facilities are designed for the business traveler and families that are relocating.
FAMILY. One or more individuals related by blood, marriage, or adoption, or not more than five individuals who are not so related, living together as a single housekeeping unit in a dwelling, and maintaining and using the same and certain other housekeeping facilities in common.
FARM EQUIPMENT SALES AND SERVICE. A service and sales facility with the sole purpose to: Sell, maintain and repair agricultural type equipment. (Ord. 2007-24. Passed 2-13-07.)
FARMERS MARKET. An open lot, other than a street, used for the sale of produce and commodities that are grown or produced by multiple individual vendors no more often than once per week (except Sunday) between dawn and dusk from April 1 through November 31. “Produce and commodities” is defined as perishable products such as meats, cheeses, vegetables, nuts, honey, fruits, flowers, herbs, baked goods, candies and “other products” determined to be appropriate for a farmers market by the operator of the farmers market.
(Ord. 2011-36. Passed 6-14-11.)
FENCE. An artificial barrier or divider intended to prevent escape or intrusion, to mark a boundary, or to enclose an area.
FINANCIAL INSTITUTION. Any building, property or activity of which the principal use or purpose of which is the provision of financial services including but not limited to banks, facilities for automated teller machines (ATM's), credit unions, savings and loan institutions and mortgage companies.
FLOOR AREA. The sum of the gross horizontal areas of each floor of the principal building, measured from the exterior walls or from the center line of party walls, including the floor area of accessory buildings and structures.
FLOOR AREA RATIO. The total floor area of the building or buildings on a lot or parcel divided by the gross area of the lot or parcel.
FRONTAGE. All the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or City boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
FRONTAGE, WHERE MEASURED. The frontage of a lot shall be measured along the front property line.
FUNERAL HOME. Any dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used only for the storage of automobiles or trailers by the family resident on the premises. A carport or carporch shall be construed to be a private garage.
GARAGE, PUBLIC. A structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair, or refinishing of automobiles or trailers.
GROUP HOME. Any licensed residential facility designed to allow not more than eight persons, needing specialized care, counseling, ongoing medical treatment or supervision to live in the same building or complex of buildings and engage in some congregate activity in a non-institutional environment.
HEAVY INDUSTRIAL USE. Heavy Industrial Use shall mean the manufacturing, processing, or assembly of products where air, noise, or odor pollution may create excessive land use conflicts or where a portion of the use is located outside of an enclosed structure.
HEDGE. A growth of shrubbery planted to function as a boundary or fence.
HELISTOP. An area on the ground or on a roof used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo.
HOME OCCUPATION. Any occupation, profession, activity or use which is customarily incident to the principal use of the premises and is conducted by a resident occupant which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOSPITAL. An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities.
HOTEL. A facility, with room entrances accessed through an interior corridor, offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
IMPERVIOUS SURFACE RATIO. A measure of the intensity of land use that is determined by dividing the total area of all impervious surfaces on the site by the area of the site or lot.
LIGHT INDUSTRIAL USES. Light Industrial Use shall mean the manufacturing, processing or assembly of products within a fully enclosed structure where noise, odor, light, or vibration is not noticeable from the adjacent properties.
INDUSTRY. Any storage, manufacture, preparation, or treatment of any article, substance or commodity for commercial use.
KENNEL. Any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained, sold, or which offers provisions for minor medical treatment.
LAND USE PLAN or COMPREHENSIVE MASTER PLAN. The Long Range Comprehensive Plan Update of the City of Loveland as adopted by City Council on February 12, 2002 indicating the desirable use of land in the City as officially adopted and as amended by the City Planning and Zoning Commission. The purpose of such plan is to serve as a guide in the zoning and progressive changes in zoning of land to meet the changing needs, in the subdivision and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes such as streets, parks, schools and public buildings.
LOADING SPACE. An off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces required by this chapter, and having frontage on a public street.
LOT AREA. The computed horizontal area contained within the lot lines.
LOT, CORNER. A lot abutting on two or more streets at their intersection or on two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the corner.
LOT DEPTH. The average horizontal distance between the front and the rear lot lines.
LOT LINE, FRONT. The line separating the lot from the street on which it fronts.
LOT, INTERIOR. A lot other than a corner lot and with frontage on one street.
LOT LINES. The property lines bounding the lot.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT LINE, STREET OR ALLEY. A lot line separating the lot from a vehicular public or private right-of-way.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Hamilton County, Clermont County, or Warren County, Ohio, or a lot described by metes and bounds, the description of which has been recorded in such office.
LOT, THROUGH. A lot having frontage on two parallel streets.
LOT WIDTH. The width of the lot measured at right angles to the building setback lines.
MANUFACTURING. The process of making or fabricating raw materials by hand, machinery or the combination thereof into finished parts or products.
MANUFACTURING/FABRICATION ASSEMBLY PLANT. Manufacturing Assembly Plant shall mean the assembly or fabrication using manufactured parts that were made elsewhere.
(Ord. 2007-24. Passed 2-13-07.)
MASSAGE ESTABLISHMENTS. Any fixed place of business where a person offers massages:
A. In exchange for anything of value; or
B. In connection with the provisions of another legitimate service.
Exemptions. The provisions of this chapter shall not apply to the following:
(1) Hospitals, nursing homes and public health centers;
(2) A person licensed or registered by the State of Ohio Medical Board while performing his/her licensed or registered profession;
(3) A licensed chiropractor, licensed podiatrist, licensed nurse, or any other licensed health professional;
(4) A person working under the direct supervision of individuals or establishments mentioned in herein while performing his/her licensed or registered profession. (Ord. 2019-13. Passed 2-26-19.)
MEDICAL AND DENTAL LABORATORY SERVICES. Establishments providing medical, optical or dental laboratory services; or establishments providing photographic, analytical or testing services.
MEDICAL AND DENTAL OFFICES OR CLINICS. Establishments providing medical, optical or dental care and treatment, medical and surgical diagnosis and treatment. This use includes only placement of jewelry or body art.
(Ord. 2007-24. Passed 2-13-07.)
MICROBREWERY. Shall mean an establishment that produces less than fifteen thousand (15,000) barrels of ale or beer per year for on-site consumption and wholesale distribution, as allowed by state law.
(Ord. 2016-10. Passed 2-9-16.)
MOBILE FOOD VENDOR. Any individual, corporation, partnership or other entity which sells food or beverages from a temporary, mobile, non-motorized wagon, cart, trailer or motorized vehicle which is designed to be readily movable and emplaced on a public or privately owned lot where foot items are sold to the general public, or provided or furnished as part of a private club, function or event.
(Ord. 2017-61. Passed 7-11-17.)
MONUMENT. A structure, statue or object erected in memory or in honor of a person or an event. No monument shall be erected on publicly owned property without review and approval from the Planning Commission.
MOTEL. A facility, with exterior room entrances, offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
NON-CONFORMING USE. See USE, NON-CONFORMING.
OFFICE. A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.
(Ord. 2007-24. Passed 2-13-07.)
OWNER. Owner shall mean the person, persons, or other ownership entity appearing on the County’s current tax duplicate as the owner or owners of fee simple title to the said real properties. (Ord. 2024-11. Passed 1-23-24.)
OPEN SPACE. Land used for resource protection, recreation, amenity and/or buffers.
PARKING AREA, PRIVATE. An open area for the same uses as a private garage.
PARKING AREA, PUBLIC. An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers.
PARKING SPACE. A permanently surfaced area of not less than 160 square feet and having a width of not less than 8'6", either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.
(Ord. 2007-24. Passed 2-13-07.)
PERMANENT OCCUPANT. Permanent Occupant shall mean any person who occupies a dwelling unit for more than thirty (30) days within any three-hundred sixty-five (365) day period, and who is not a guest. (Ord. 2024-11. Passed 1-23-24.)
PERMEABLE PAVEMENT OR PERMEABLE PAVEMENT SYSTEM. Pavement materials including pervious asphalt and concrete, interlocking pavers, modular pavers and open cell paving or similar materials that allow the infiltration of water below the pavement surface. Gravel, turf or other materials that are not part of a structured system designed to manage storm water and support vehicular loading shall not be considered permeable pavement or a permeable pavement system.
(Ord. 2015-6. Passed 2-10-15.)
PERSONAL SERVICES. Activities conducted in an office, store or other place of business catering to the personal needs of a customer, such as normally conducted by a barber, beautician, tailor, dressmaker, doctor, attorney or architect.
PET. A domestic animal that is customarily kept for personal use or enjoyment within the home. Typical household pets shall include but are not limited to cats, dogs, rabbits and birds.
PLANT MATERIAL NURSERIES. Plant Material Nurseries are facilities that are in operation for the specific purpose of selling all types of plant material, to include fertilizer, planting container, mulch and other like items.
PRINCIPAL USE. A use that is the primary use of any lot or parcel, such use possibly occurring in more than one building.
PRINTING AND RELATED TRADES. An establishment that provides duplicating services using photocopy, blueprint and/or offset printing equipment including the collating of booklets and reports. Printing and related trades shall not include copy service centers or self-service copy centers that primarily utilize photocopy machines as their source of duplication.
PRIVATE STREET. A private street is one which provides an access to abutting property vehicles.
PUBLIC BUILDING. A structure or portion of a structure owned, operated or controlled by a government agency for the performance of certain specialized governmental activities required for day to day functions.
RECREATION, ACTIVE. The improvement of the land, open to the general public which provides facilities serving the recreational needs of the community. Active recreational areas shall include, but are not limited to: swimming pools, athletic fields, tennis courts, amphitheaters, community centers, and playgrounds.
RECREATION, COMMERCIAL. Land or facilities operated as a business and open to the general public for a fee that shall include, but are not limited to: rollerblade rental, billiard parlors, video amusement arcades, pay-to-play athletic fields, golf courses, ice skating rinks or swimming pools.
RECREATION, INDOOR. Activities that are conducted within an enclosed structure, including but not limited to: soccer, volleyball, gymnastics, hockey, basketball, indoor skating, swimming, tennis, archery, target shooting, bowling and rock climbing.
RECREATION, NON-COMMERCIAL. Any land or facility used for recreational purposes and operated by a governmental agency or non-profit organization and open to the public or members of the non-profit organization including, but not limited to: picnic areas, bike/hike trails, public golf courses, athletic fields or courts, swimming pools and including the buildings or structure associated with such recreational uses.
RECREATION, OUTDOOR. Activities that are conducted outdoors, including but not limited to: soccer, volleyball, basketball, swimming, tennis, paintball, baseball, football and golf.
RECREATION, PASSIVE. The use of unimproved land, in its natural state and open to the general public, which provides for a variety of activities for the outdoor exercise and activity needs of the community. Passive recreational areas shall include, but are not limited to: unimproved backpacking trails, unimproved hiking trails, primitive camping areas, canoeing, swimming, rafting, scientific and scholastic studies. Lands may be improved for handicapped access. Furthermore, parking associated with uses in an S-WP District may be conditionally permitted. (Ord. 2007-24. Passed 2-13-07.)
REGIONAL BREWERY. Shall mean an establishment where beer, wine, spirituous liquor, or other alcoholic beverages is manufactured on the premises for distribution, retail, or wholesale off premises. Regional Breweries are classified as a use which manufactures more than 15,000 barrels of beverage (all beverage types combined) annually.
(Ord. 2016-10. Passed 2-9-16.)
RELIGIOUS PLACES OF WORSHIP. An institution that a congregation of people regularly attends to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denomination are held.
RESEARCH AND DEVELOPMENT LABORATORY. A building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except as incidental to the main purpose of the laboratory.
RESTAURANT. An establishment with table services whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state, in individual servings, or in non-disposable containers, provided that no drive-through window may be permitted.
RESTAURANT/FAST FOOD. An establishment whose principal business is the sale of prepared or rapidly prepared food, in disposable containers and without table service, directly to the customer in a ready to consume state.
RETAIL BUSINESS. Any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale.
(Ord. 2007-24. Passed 2-13-07.)
RETAIL WAREHOUSING: An establishment that is primarily engaged in storage of merchandise, goods and materials, which will be sold to consumers.
(Ord. 2020-91. Passed 9-22-20.)
RIGHT-OF-WAY. Land dedicated to or owned by the public for use as a roadway, walk or other way.
ROADSIDE STAND. A temporary business use devoted strictly to the sale of seasonal agricultural and horticultural products to the general public located in a wholly or partially enclosed structure.
SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn or tower. Such device shall be used only to receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. Satellite dishes include but are not limited to TVRO's (television reception only satellite dish antennas) and satellite microwave antennas.
SETBACK. The required minimum horizontal distance between the building line and the related front, side or rear property line.
SHOPPING CENTER A grouping of retail and service uses on a single site that is developed, owned and managed as a unit with off-street parking as an integral part of the unit.
SHORT-TERM RENTAL. Short-Term Rental shall mean any dwelling unit, or any part thereof, that is leased or rented in full or in part for the purpose of providing overnight lodging for less than thirty (30) consecutive days by any person who is not the Permanent Occupant or Owner, from which the Permanent Occupant or Owner receives monetary compensation. Short-Term Rental units may include, but not be limited to, the following types of dwelling units: single-family detached structures, single-family or multi-family attached structures, any single-family or multi-family dwelling unit, secondary dwelling unit, apartment complex, condominium, or duplex, but shall not include any Hotel, Motel, Bed and Breakfast Establishment, Group Home, or Convalescent Facility as regulated elsewhere within City of Loveland Planning and Zoning Code.
(Ord. 2024-11. Passed 1-23-24.)
SIGN. An outdoor advertising structure, device or visual communication designed or intended to convey information to the public in written or pictorial form.
SIGN, ABANDONED. Abandoned signs are signs that are associated with buildings or rental spaces that remain vacant for at least 6 consecutive months.
SIGN, AERIAL. Any balloon, or other airborne floatation device which is tethered to the ground or to a building or other structure which directs attention to a business, commodity, service, or entertainment conducted, sold or offered.
SIGN, CONSTRUCTION. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
SIGN, DIRECTIONAL. Any on-premise sign giving directions, instructions, or facility information but shall not contain the name or logo of an establishment nor any advertising copy.
(Ord. 2007-24. Passed 2-13-07.)
SIGN, ELECTRONIC MESSAGE DISPLAY. A sign that changes message content by means of light emitting diodes (LED), fiber optics, light bulbs, Liquid Crystal Display, or other illumination devices and whose informational content can be changed or altered by means of computer driven electronic impulses. (Ord. 2008-69. Passed 10-28-08.)
SIGN, FREESTANDING. Any permanent sign not attached to a building. This shall include signs attached to poles and signs attached directly to the ground.
SIGN, GROUND MOUNTED. Any freestanding sign, other than a pole mounted sign, independently supported by the ground or mounted on a decorative wall, fence, post or stone column.
SIGN, INFLATABLE. Inflatable sign is considered a temporary sign that is advertising a business or promotion of a special event. The size and height shall conform to the requirement of the zoning district in which the sign is to be located. In no case is the sign to be located in the City right-of-way. The illumination internal or external illumination is permitted and shall not cause a traffic hazard.
SIGN, INFORMATIONAL. Any off-premises sign located in the public right-of-way that is intended to direct vehicular or pedestrian traffic, giving direction or instructions, but shall not contain any commercial message or advertising copy.
SIGN, NON-CONFORMING. A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.
SIGN, POLE. A pole sign is any permanent sign not attached to a building, visibly supported on an exposed pole.
SIGN, POLITICAL. A temporary sign which announces the candidacy of a person or slate of persons running for elective office, or a political party or issue.
SIGN, PORTABLE SANDWICH BOARD. A sign with two display surfaces that is not permanently anchored to the ground or a structure and has a hinged, or A-frame construction that allows the sign to be displayed indoors or outdoors.
SIGN, PORTABLE. A sign which is movable and which is not permanently attached to the ground, a structure or other signs, and is designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes.
SIGN, PROJECTING. A sign supported by a building wall or column and extending a distance exceeding 12 inches from the wall.
SIGN, REAL ESTATE. A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
SIGN, SUBDIVISION. Any ground mounted or wall sign identifying a recognized subdivision, condominium complex, or residential development.
SIGN, TEMPORARY. Any sign not constructed or intended for long-term use and which is not permanently mounted.
SIGNS, VEHICLE. Vehicle signs are signs that are either painted on, or attached to a motorized vehicle, for the sole purpose of advertising a product or business, being sold or conducted on the property where the vehicle is located.
SIGN, WALL. Any sign which is located on or formed by the surface of the wall of a building. A mansard roof facade on a building shall be considered part of the wall.
SIGN, WINDOW. A sign installed inside a window and intended to be viewed from the outside.
SIGN, AREA OF. The entire area within a continuous perimeter enclosing the extreme limits of the sign display, including any frame or border. The copy of signs composed of individual letters, numerals or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of said letter or devices.
SIGN PERMIT. The official written approval for the creation, erection or construction of a sign issued by the City.
SITE PLAN. A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.
SMALL DENTAL LABORATORY. A dental laboratory facility with fifteen (15) or fewer employees where no fabrication is conducted on the premises except for the custom fabrication of crowns, moldings, dentures and other dental fixtures.
(Ord. 2007-24. Passed 2-13-07.)
SMOKE SHOP. Any business that derives fifty percent (50%) or more of its revenue collectively from smoke, tobacco, electronic cigarettes, vaping products, CBD (or other marijuana derivatives), and/or similar items or paraphernalia.
(Ord. 2023-103. Passed 10-24-23.)
SPECIAL EXCEPTION. Special Exception is an additional use that may be considered by the Planning & Zoning Commission for placement within a particular zoning district. The review, approval or denial of any special exception use is based on the procedures for submittal; see Section 1111.07 regarding regulations.
STABLES. Stables are facilities, which house, board, breed, train and or otherwise keep and care for equine.
STANDARD, PERFORMANCE. A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
STORY. That portion of a building, included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, FIRST. The lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building except that any basement or cellar used for residence purposes shall be deemed a full story.
STORY, HALF. A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, provided, that any partial story used for residence purposes shall be deemed a full story.
STREET. A public right-of-way which provides a public means of access to abutting property for motor vehicles.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
STRUCTURE, ACCESSORY. See USE, ACCESSORY.
STRUCTURAL ALTERATION. Any change in the structural members of a building, such as walls, columns, beams, or girders.
SWIMMING POOL. Any structure located in ground and above ground containing, or normally capable of containing, water to a depth at any point greater than 24 inches for the purpose of recreation, sports activity, or swimming.
(Ord. 2007-24. Passed 2-13-07.)
TARGET RANGE, INDOOR. An enclosed building used for the discharge of firearms or archery devices in compliance with applicable federal, state and local laws.
(Ord. 2013-14. Passed 3-12-13.)
TATTOO AND BODY PIERCING ESTABLISHMENTS. Tattoo and Body Piercing Establishments shall mean an establishment engaged in placing permanent designs in ink on human skin or in piercing the body.
TAVERN. An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may be available for consumption on the premises.
(Ord. 2007-24. Passed 2-13-07.)
TEMPORARY PROMOTIONAL SALES. Any temporary sign intended to promote or advertise special events or sales.
(Ord. 2012-45. Passed 5-22-12.)
(Ord. 2012-45. Passed 5-22-12.)
TEMPORARY USE. Temporary Use shall mean those certain uses which are of a non-permanent nature, which are permitted to be established as Accessory Uses provided that a lawful Principally Permitted Use and Structure in combination already exist.
(Ord. 2023-31. Passed 3-23-23.)
THOROUGHFARE PLAN. The official Thoroughfare Plan of, and as approved by the City Council, establishing the location and official right-of-way width of principal highways and streets in the City.
TRAILER HOME or MOBILE HOME (including MOTOR HOME, AUTOMOBILE TRAILER, TRAILER COACH or HOUSE TRAILER). Any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade, or occupation or use as a selling or advertising device, or use for storage or conveyance for goods, equipment, or machinery and so designed that it is or can be mounted on wheels and as a conveyance on highways and streets propelled or drawn by its own or other motor power.
TRAILER, EDUCATIONAL. Any trailer, mobile unit, or van that is used exclusively for the purpose of instruction or activities related to instruction by a school of general education.
TRAILER HOME PARK or MOBILE HOME PARK. Any lot or part thereof, or any parcel of land which is used or offered as a location for two or more trailers used for any purpose set forth in TRAILER HOME or MOBILE HOME above.
USE. The purpose for which land or a building or structure is arranged, designed, or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
USE, ACCESSORY OR ACCESSORY STRUCTURE. A use or structure subordinate to the principal use of a building or to the principal use of land, which is located on the same lot as the principal use, and which is serving a purpose customarily incidenta1to the use of the principal building or land use.
USE, CONDITIONAL. A use which is permitted in a district only if a zoning certificate therefor is expressly authorized by the Planning and Zoning Commission in accordance with Section 1111.06.
USE, NONCONFORMING. Any building, structure, or premises legally existing or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform to the use regulations of the district in which located. Any such building, structure, or premises conforming in respect to use but not in respect to height, area, yards, or courts, or distance requirements from more restricted districts or uses, shall not be considered a nonconforming use.
USE, PRINCIPAL PERMITTED. A use which is permitted outright in a district for which a zoning certificate shall be issued by the Zoning Administrator provided that the applicant meets the applicable requirements of the Code.
USED. Includes arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.
VARIANCE. A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public health, safety, or welfare and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
VEHICLE/EQUIPMENT SALES AND LEASING. Sale and leasing of new and used automobiles, motorcycles, trucks, construction or agriculture equipment, mobile homes, boats and similar equipment, including incidental storage and incidental maintenance. The proportion of new vehicles to used vehicles shall be minimum of 70/30, unless authorized by the Planning & Zoning Commission.
WHOLESALE WAREHOUSING. An establishment that is engaged in the storage and selling of merchandise to retail establishments rather than to consumers.
YARD. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward.
YARD, FRONT. A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot, usually the building line.
YARD, FRONT, HOW MEASURED. Such depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line) to the closest point of a principal building, provided, however, that if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the official map of the City differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as designated on the Thoroughfare Plan or official map. Corner lots shall have two front yards. When a difference exists between the thoroughfare plan and the existing right-of- way, the applicant must decide which right-of-way they will use. The front yard setback will be reduced if the existing right-of-way is used and later, the City implements the thoroughfare plan right-of-way.
YARD, REAR. A yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line to the closest part of a principal building.
YARD, SIDE. A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line to the side of a principal building, and a line parallel thereto on the lot.
YARD, SIDE, LEAST WIDTH, HOW MEASURED. Such width shall be measured from the nearest side lot line to a principal building.
ZONING ADMINISTRATOR. Refers to the Zoning Administrator of the Zoning Code of the City of Loveland, Ohio, as appointed by the City Manager.
ZONING CERTIFICATE. A document issued by the Zoning Administrator authorizing buildings, structures, or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.
ZONING MAP. The zoning map of the City, together with all amendments subsequently adopted.
1109.01 PURPOSE.
This code sets both the powers and duties of the Planning and Zoning Commission, the Board of Zoning Appeals, the City Council and the Zoning Administrator with respect to the administration of the provisions of this Zoning Code.
1109.02 RESPONSIBILITIES OF THE ZONING ADMINISTRATOR.
The Zoning Administrator shall have the following responsibilities and powers:
(a) Enforce the provisions of this Zoning Code and interpret the meaning and application of its provisions.
(b) Receive, review and make determinations on applications for zoning permits and certificates of occupancy.
(c) Issue zoning permits and certificates of occupancy as provided by this Zoning Code, and keep a record of same with notations of special conditions involved.
(d) Review and process plans pursuant to the provisions of this Zoning Code.
(e) Make determinations as to whether violations of this Zoning Code exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this Zoning Code.
(f) Conduct inspections of buildings and uses of land to determine compliance or non- compliance with this Zoning Code.
(g) Maintain permanent and current records required by this Zoning Code, including but not limited to the official zoning map, zoning permits, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for use of the City Council, Planning, and Zoning Commission, the Board of Zoning Appeals and to the public.
(h) Determine the existence of any violations of this Zoning Code and enforce this Zoning Code.
(i) Revoke a permit or approval issued contrary to this Zoning Code or based on a false statement or misrepresentation in the application.
1109.03 RESPONSIBILITIES OF THE PLANNING AND ZONING COMMISSION.
(a) The Planning and Zoning Commission shall have the following responsibilities and powers as they relate to this Zoning Code:
(1) Initiate advisable official zoning, district map changes, or changes in the text of the Zoning Code where same will promote the best interest of the public in general through recommendation to the City Council.
(2) Review all proposed amendments to the text of this Zoning Code and the official zoning district map and make recommendations to the City Council.
(3) Review all Special Planning District applications and make recommendations to the City Council as provided in this Zoning Code.
(4) Review all conditional uses as identified in the respective zoning districts according to provisions and criteria stated in this Zoning Code.
(5) Carry on a continuous review of the effectiveness and appropriateness of this Zoning Code and recommend such changes or amendments as it feels would be appropriate.
(6) Review and act on site plans pursuant to Section 1111.09.
(b) The Planning and Zoning Commission shall also have the responsibilities as set forth in the City Charter.
1109.04 RESPONSIBILITIES OF THE BOARD OF ZONING APPEALS.
(a) The Board of Zoning Appeals shall have the following responsibilities and duties:
(1) 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.
(2) Authorize such variances from the terms of this Zoning Code as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Zoning Code will result in unnecessary hardship, and so that the spirit of this Zoning Code shall be observed and substantial justice done. Procedures for variances shall conform to Section 1111.12(a).
(3) Appeals taken on the basis of a decision rendered by the Planning and Zoning Commission on conditional use requests.
(b) The Board of Zoning Appeals may call on the several City departments for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board of Zoning Appeals as may reasonably be required.
1111.01 ENFORCEMENT BY ZONING ADMINISTRATOR.
A Zoning Administrator shall be designated by the City Manager. It shall be the duty of the Zoning Administrator to administer and enforce this Zoning Code in accordance with the provisions of this Zoning Code. All departments, officials, and public employees of the City vested with the duty and authority to issue permits or licenses shall conform to the provisions of this Zoning Code.
1111.02 APPLICATION REQUIREMENTS FOR ZONING PERMIT.
The following shall apply for the application of a zoning permit:
(a) All applicants for a zoning permit shall use application forms supplied by the City which shall be completed fully and shall be filed with the Zoning Administrator. Every application for a zoning permit shall be accompanied by all plans and other information necessary to determine that all provisions of this Zoning Code have been met. In addition, the following requirements shall apply:
(1) Application for a sign permit or conditional use permit, if applicable, shall be made at the same time or prior to the application for a zoning permit for the same development.
(2) Any zoning permit for a development that is required by any provision of this Zoning Code to undergo a site plan review, said site plan shall be approved prior to the issuance of a zoning permit.
(3) Any zoning permit for a site which is subject to covenants, conditions or other restrictions required pursuant to this Zoning Code, these shall be submitted as part of the application for the zoning permit.
(4) No application shall be accepted by the Zoning Administrator until it has been completed as described in this Zoning Code and until all required fees established by the City for processing have been paid.
(b) Within 30 days after the acceptance of the application being complete, the Zoning Administrator either shall approve or disapprove the application for a zoning permit.
1111.03 ZONING PERMIT.
It shall be unlawful for any owner to initiate construction or to use or to permit the use of any structure, building, or land, or part thereof, that is created, erected, changed, converted, or enlarged, wholly or partly, until a zoning permit, which may be a part of the building permit, shall have been issued by the Zoning Administrator. Such zoning permit shall show that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code. It shall be the duty of the Zoning Administrator to issue a zoning permit, provided they are satisfied that the structure, building, or premises, and the proposed use thereof, conform with all applicable requirements of this Zoning Code.
1111.04 SCHEDULE OF FEES.
The 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 Zoning Code, shall be established and set forth by Revenue Ordinance duly passed by City Council.
(Ord. 2011-40. Passed 6-28-11.)
1111.05 ZONING CERTIFICATE OF OCCUPANCY.
It shall be unlawful for any owner, lessee, or tenant to occupy any structure, building, or land, or part thereof, hereafter erected, created, changed, converted or enlarged unless a certificate of occupancy shall have been issued by the Zoning Administrator after inspection.
(a) Certificate of Occupancy of Land. A certificate of occupancy for the use of vacant land, or change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within ten days after the application has been made therefor, provided such use is in conformity with the provisions of this Zoning Code.
(b) Certificate of Occupancy of a Building. A certificate of occupancy of a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and the certificate shall be issued within five days after the request for same shall have been made in writing to the Zoning Administrator after the erection or alteration of such, or part thereof, shall have been completed in conformity with the provisions of this Zoning Code. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued for a period not exceeding six months during the completion of the alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
(c) Contents of Certificate of Occupancy. The certificate of occupancy shall state that the building or proposed use of a building or land, complies with all the building and health laws and applicable codes, all conditions and requirements stipulated by the Planning and Zoning Commission, and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the Zoning Administrator and copies shall be furnished, on request, to any persons having a proprietary or tenancy interest in the building or land affected.
1111.06 CONDITIONAL USES.
The Planning and Zoning Commission may authorize, upon application, conditional uses as delineated in this section. Such conditional use requests shall conform to the procedures and requirements of this section.
(a) Application for Conditional Use Permit. An application for conditional use permit shall be filed with the Building and Zoning Official by at least one owner, owner's agent or lessee of properties for which such conditional use is proposed. The application shall be signed by the owner or applicant attesting to the accuracy of all information supplied by the application. At a minimum, the application shall contain the following information provided however that the Building and Zoning Official may waive certain submission requirements where it is determined that it is not applicable:
(1) Name, address and telephone number of the owner of record and applicant;
(2) A boundary survey of the said property;
(3) Description of existing use;
(4) Present zoning district;
(5) Description of proposed conditional use;
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the Zoning Administrator may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Code;
(7) A statement and supporting documentation describing how the applicant believes the request conforms to the standards for conditional uses listed in subsection (b) hereof; and
(8) An application filing fee as established by Council.
(b) General Standards for Conditional Uses.
(1) In addition to specific requirements for conditionally permitted uses that may be specified in the district use regulations, the Planning and Zoning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location shall meet the following:
A. Shall be harmonious and in accordance with the general objectives of this Zoning Code;
B. Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and so that such use shall not change the essential character of the same area;
C. Shall not be hazardous or disturbing to neighboring uses;
D. Shall be served adequately by essential public facilities and services;
E. Shall not be detrimental to the economic welfare of the community;
F. Shall not involve uses, activities, processes, material, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(2) The Planning and Zoning Commission shall have the authority to modify the requirements of a conditional use.
(c) Supplementary Conditions and Safeguards. In granting any conditional use the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. 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 Code.
(d) Public Hearing by the Planning and Zoning Commission. The Building and Zoning Official shall schedule a public hearing of the Planning and Zoning Commission on the conditional use within thirty (30) days after the acceptance of the application.
(e) Notice of Public Hearing in Newspaper. Before holding the public hearing required in subsection (d) hereof, notice of such hearing shall be given by publication in a newspaper of general circulation in the City at least ten (10) days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed conditional use. When the proposed action has been initiated by the City, the City shall at its cost provide the publication of the notice. When the proposed action has been initiated by a party other than the City, the initiating party shall provide at its cost the publication of the notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
(f) Notice to Parties of Interest. Written notice of the public hearing provided by subsection (d) hereof shall be provided to the owners of the real property within the area covered by the application for the conditional use permit and to the owners within 300 feet in any direction of the boundaries of the area, within the City of Loveland, covered by the application. For the purposes of this section, the word “owners” shall mean those persons appearing on the county's current tax duplicate as the owners of fee simple title to the real properties. Such written notice shall be provided at least ten (10) days prior to the date of the hearing by hand delivery, or by posting it by prepaid ordinary U.S. mail at the address listed upon the tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in subsection (e) hereof. When the proposed conditional use has been initiated by the City, the City shall provide at its cost the hand or postal delivery provided herein above. When the proposed conditional use has been initiated by a party other than the City, the initiating party shall provide at its cost the hand or postal delivery provided herein above and shall file with the Planning and Zoning Commission on or before the date of the hearing an affidavit confirming compliance with the provisions of this section. The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of the Planning and Zoning Commission on the conditional use application.
(g) Action by the Planning and Zoning Commission. Within thirty-five (35) days after the public hearing required in subsection (d) hereof, the Planning and Zoning Commission shall either approve, approve with supplementary conditions as specified in subsection (c) hereof, or disapprove the application as presented. If the application is approved or approved with modifications, the Planning and Zoning Commission shall direct the Building and Zoning Official to issue a conditional zoning permit listing the specific conditions specified by the Planning and Zoning Commission for approval.
(h) Appeals. Appeals from the Planning and Zoning Commission for conditional uses shall be made to the Board of Zoning Appeals pursuant to Section 1111.10.
(i) Expiration of Conditional Use Permit. A conditional use permit shall be deemed to authorize only one particular conditional use and such conditional permit shall automatically expire if, for any reason, the conditional use has ceased by discontinuance or abandonment for a period of more that six (6) months. Prior to the expiration, upon written request of the applicant, a six (6) month extension may be granted by the Planning & Zoning Commission without holding a public hearing. (Ord. 2019-42. Passed 5-28-19.)
1111.07 SPECIAL EXCEPTIONS.
Special Exceptions are neither a Principally or Conditionally permitted use and would normally be excluded from a particular zoning district unless the unusual and outstanding characteristics of the use would be considered extraordinary, complementary and beneficial to the community.
The Planning and Zoning Commission may authorize, upon application, special exceptions uses as delineated within each zoning districts. Such special exception requests shall conform to all of the following requirements.
APPLICATION FOR SPECIAL EXCEPTIONS.
An application for special exemptions shall be filed with the Building and Zoning Official by at least one owner, owner's agent or lessee of properties for which such special exception is proposed. The application shall be signed by the owner or applicant attesting to the accuracy of all information supplied by the application. At a minimum, the application shall contain the following information provided however that the Building and Zoning Official may waive certain submission requirements where it is determined that it is not applicable:
(a) Name, address and telephone number of the owner of record and applicant;
(b) A boundary survey of the said property;
(c) Description of existing use;
(d) Present zoning district;
(e) Description of proposed special exception use;
(f) A plan of the proposed site for the special exception showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the Building and Zoning Official may require to determine if the proposed conditional use meets the intent and requirements of this Code;
(g) A statement and supporting documentation describing how the applicant believes the request conforms to the standards for a special exceptions described below.
(h) An application filing fee as established by Council.
GENERAL STANDARDS FOR SPECIAL EXCEPTIONS.
In addition to specific requirements for special exceptions uses that may be specified in the district use regulations, the Planning and Zoning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use is appropriate at the proposed location and meets all the of the following:
(1) Shall be harmonious and in accordance with the general objectives of this Code;
(2) Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and so that such use shall not change the essential character of the same area;
(3) Shall not be hazardous or disturbing to neighboring uses;
(4) Shall be served adequately by essential public facilities and services;
(5) Shall not be detrimental to the economic welfare of the community;
(6) Shall not have a negative impact on properties within 300 ft. of the proposed site.
(7) Shall not involve uses, activities, processes, material, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(8) The special exception shall not create significant or excessive demand for municipal police, fire protection, schools, or solid waste disposal services.
(9) Shall be consistent with the spirit and intent of the Comprehensive Master Plan.
The Planning and Zoning Commission shall have the authority to modify the requirements of a Special Exception.
PUBLIC HEARING BY THE PLANNING AND ZONING COMMISSION.
The Building and Zoning Official shall schedule a public hearing of the Planning and Zoning Commission on the special exception within thirty (30) days after the acceptance of the application.
NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing required in Section 1111.06(d), notice of such hearing shall be given by publication in a newspaper of general circulation in the City at least ten (10) days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed special exception use. When the proposed action has been initiated by the City, the City shall at its cost provide the publication of the notice. When the proposed action has been initiated by a party other than the City, the initiating party shall provide at its cost the publication of the notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
NOTICE TO PARTIES OF INTEREST.
Written notice of the public hearing provided by Section 1111.06(d) shall be provided to the owners of the real property within the area covered by the application for the special exception use permit and to the owners within 300 feet in any direction of the boundaries of the area, within the City of Loveland, covered by the application. For the purposes of this section, the word “owners” shall mean those persons appearing on the county's current tax duplicate as the owners of fee simple title to the real properties. Such written notice shall be provided at least ten (10) days prior to the date of the hearing by hand delivery, or by posting it by prepaid ordinary U.S. mail at the address listed upon the tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in Section 1111.06(e) hereof. When the proposed special exception use has been initiated by the City, the City shall provide at its cost the hand or postal delivery provided herein above. When the proposed conditional use has been initiated by a party other than the City, the initiating party shall provide at its cost the hand or postal delivery provided herein above and shall file with the Planning and Zoning Commission on or before the date of the hearing an affidavit confirming compliance with the provisions of this section. The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of the Planning and Zoning Commission on the special exception use application.
ACTION BY THE PLANNING AND ZONING COMMISSION.
Within thirty-five (35) days after the required hearing the Planning and Zoning Commission shall approve, approve with supplementary conditions as specified, or disapprove the application as presented. If the application is approved or approved with modifications, the Planning and Zoning Commission shall direct the Building and Zoning Official to issue a special exception zoning permit listing the specific conditions specified by the Planning and Zoning Commission for approval.
APPEALS.
Appeals from the Planning and Zoning Commission for a special exemption shall be made to the Board of Zoning Appeals.
EXPIRATION OF SPECIAL EXCEPTION PERMIT.
A special exception permit shall be deemed to authorize only one particular special exception and such special exception permit shall automatically expire if, for any reason, the special exemption use has ceased by discontinuance or abandonment for a period of more than six (6) months. A six (6) month extension may be granted by the Planning and Zoning Commission, upon a written request of the applicant. (Ord. 2019-13. Passed 2-26-19; Ord. 2019-42. Passed 5-28-19.)
1111.08 SPECIFIC STANDARDS FOR EACH SPECIAL EXCEPTION USE.
The following minimum requirements shall be imposed on special exception uses in addition to those requirements of the zoning district where the subject use is located. Additional requirements may be imposed by the Planning and Zoning Commission if deemed desirable. In granting any special exception use, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformity with this Code. Violations of such conditions and safeguards, when made a part of the terms under which the special exception use is granted, shall be deemed a violation of this code.
Bed and breakfast Establishment:
1. The owner or manager of the premises used for a bed and breakfast shall reside in the dwelling full-time.
2. No more than three bedrooms in any dwelling may be used for bed and breakfast lodging.
3. A minimum of one full bath, including shower, toilet, and sink shall be available for the exclusive use of bed and breakfast paying guests.
4. Meals shall be provided only to guests taking lodging in the facility. No cooking facilities shall be permitted in individual guest quarters.
5. One off-street parking space shall be provided for each bedroom offered for bed and breakfast lodging and one off-street space shall be retained for the dwelling unit. Such off-street spaces may be provided in an existing driveway.
6. Parking areas shall not encroach upon any bufferyard required in Chapter 1169, Landscaping and Bufferyard Requirements.
7. Each paying guest shall stay at the bed and breakfast for not more than fourteen (14) consecutive nights, nor more than a total of forty-two (42) nights in any given calendar year.
8. The resident owner shall keep a current guest register including names, addresses, and dates of occupancy of all guests.
9. Bed and Breakfast Lodging Establishments shall acquire and maintain any necessary State and County licenses and shall comply with all pertinent legislation.
Fast food restaurant:
1. There shall be no more than one ingress/egress drive per street frontage. No drive shall exceed thirty-five (35) feet in width.
2. All points of ingress/egress shall be located as far as practically possible from the intersection of two (2) major thoroughfares. Vehicular access is encouraged to be provided via an internal circulation system when occurring in a new commercial development.
3. A minimum of five (5) stack spaces is required for the drive through facility. Additional stacking spaces may be required by the Planning Commission to prevent traffic from backing up onto a public road or streets.
4. At least one lane of travel must be provided next to the drive through lane to allow traffic to pass vehicles waiting at the drive-through facility.
5. Stacking spaces shall not encroach upon any bufferyard required in Chapter 1169, Bufferyards and Landscaping.
Conference center:
1. All structures and activity areas, except for off-street parking, shall be located no less than seventy-five (75) feet from all front lot lines, 100 feet from rear lot lines, and 100 feet from side lot lines.
Corporate or business training facility:
1. All structures and activity areas, except for off-street parking, shall be located no less than seventy-five (75) feet from all front lot lines, 100 feet from rear lot lines, and 100 feet from side lot lines.
(Ord. 2007-24. Passed 2-13-07.)
Massage Establishments:
1. Shall follow and observe the provisions expressed in Chapter 746: Massage Establishments of the City of Loveland Code of Ordinances.
(Ord. 2019-13. Passed 2-26-19.)
Motel:
1. No structure shall exceed forty-five (45) feet in height unless approved by the Planning and Zoning Commission.
2. There shall be no more than one ingress/egress per street frontage. No drive shall exceed thirty-five (35) feet in width.
3. All points of ingress/egress shall be located as far as practically possible from the intersection of two major thoroughfares.
4. Parking areas shall not encroach upon any bufferyard required in Chapter 1169, Bufferyards and Landscaping.
(Ord. 2007-24. Passed 2-13-07
; Ord. 2023-31. Passed 3-28-23.)
Office:
1. The proposed office use should be cohesive with surrounding building exteriors, the placement of buildings on lots, and the nature of streets and public spaces.
2. The footprint, volume, and proportions of the proposed structure, including any proposed rooftop structures, should be similar to the surrounding properties.
3. The findings of the Planning and Zoning Commission may recommend buffering yards as provided in Section 1169.10 to improve the physical transition from one use type to another.
4. Signage shall be consistent with signage on abutting properties.
(Ord. 2012-1. Passed 1-10-12.)
Plant material nurseries:
1. The area of the lot devoted to outdoor sales, storage, or display shall not exceed 50% of the parcel and with the majority of the outdoor display to be hard plant material.
2. Area devoted to outdoor sales, storage, or display shall not occupy any required parking area, driveway or front yard.
3. Outdoor sales, storage, or display shall only be permitted in areas identified on the approved site plan. No such activity shall be located closer than fifty (50') feet to a residential zoning district boundary.
4. Any outdoor sales, storage, or display area located closer than one hundred (100') feet to a residential district shall, if determined to be visible from such district, be screened by a landscape buffer strip or other means indicated on the approved site plan.
5. Illumination of outdoor sales, storage, or display areas shall be designed to prevent glare or direct light from the illumination source into residential areas.
6. Outdoor displays shall be maintained in a neat and orderly fashion.
7. The site plan submitted with an application for a special exception use permit shall indicate the types of merchandise to be displayed, and, if applicable, any seasonal changes of display.
8. Outdoor repair, preparation, cleaning, assembly, disassembly, or other similar activities shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved by the Planning & Zoning Commission.
Roadside stands:
1. Areas devoted to outdoor sales, storage, or display shall not be located closer than ten (10) feet from all right-of-way and property lines.
2. The area of the lot devoted to outdoor sales, storage, or display shall not exceed 50% of the parcel.
3. No outdoor activity shall be located closer than fifty (50’) feet to a residential zoning district boundary.
4. Outdoor displays shall be maintained in a neat and orderly fashion.
1111.09 SITE PLAN GUIDELINES STANDARDS.
(a) Applicability.
(1) This section shall apply to new property development and any collective substantial expansion of existing structures, except for parking lots of five spaces or smaller. Substantial expansion of existing structures within all zoning districts except for the “H” Historic District shall be defined based on the criteria established below:
WHEN EXISTING STRUCTURE IS... | A SUBSTANTIAL EXPANSION IS... |
0 - 1,000 sq. ft. | 50% or greater |
1,001 - 10,000 sq. ft. | 40% or greater |
10,001 - 25,000 sq. ft. | 30% or greater |
25,001 - 50,000 sq. ft. | 20% or greater |
50,001 sq. ft. and larger | 10% or greater |
(2) All improvements to existing structures and new developments within the “H” Historic District shall be deemed substantial and required to follow the regulations defined within Section 1111.09.
(3) Ordinary maintenance and repair activities are exempt from these provisions and shall not require site plan review. Ordinary maintenance and repair shall be an activity where the purpose of the work is to correct deterioration to the structure and maintain the structure in its as-built condition or where no change is made to the appearance of the building. Ordinary maintenance and repair includes:
A. Repainting of a building;
B. Replacement of windows;
C. In-kind repairs to walks, patios, fences and driveways;
D. Repair or replacement of missing or deteriorating siding, trim, roof coverings, porch flooring, steps, etc.;
E. Repair or replacement of gutters and downspouts as long as the shape, color, and details match the original or existing materials.
(Ord. 2016-98. Passed 12-6-16.)
(b) Contents of Site Plan. Before a permit is issued for construction, one copy of the site plan at a scale no smaller than 1 inch to 100 feet shall be filed with the Zoning Administrator setting forth, identifying and locating the following:
(1) The total area in the development.
(2) The existing zoning of the property in question and/or all adjacent properties.
(3) All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.
(4) Existing topography with a maximum of ten foot contour intervals.
(5) The proposed finished grade of the development shown by contours not larger than five feet.
(6) The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories.
(7) Location and dimension of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, angles of street grades, surfacing materials, drainage plans, and illumination of facilities.
(8) All sidewalks and other open areas.
(9) Location of all walls, fences, and buffer yards.
(10) Location, size, height, colors, typeset, materials, lighting, and orientation of all signs.
(11) Location of all existing proposed streets, highways and alleys.
(12) All existing and proposed water and sanitary sewer lines indicating pipe sizes, types and grades.
(13) The schedule of phasing of the project.
(14) Such other information as required by the Planning and Zoning Commission to determine the conformance with this Zoning Code.
(c) Site Plan Review Guidelines. The following principles shall guide the exercise of site planning review by the Planning and Zoning Commission:
(1) The natural topographic and landscape features of the site shall be incorporated into the plan and the development.
(2) Buildings and open spaces should be in proportion and in scale with existing structures and spaces in the area within 300 feet of the development site.
(3) A site that has an appearance of being congested, over-built or cluttered can evolve into a blighting influence and therefore such should not be congested, over-built or cluttered.
(4) Open spaces should be linked together.
(5) Natural separation should be preserved or created on the site by careful planning of the streets and clustering of buildings using natural features and open spaces for separation. Existing vegetation removal should be kept to a minimum.
(6) Screening of intensive uses should be provided by utilizing landscaping, fences or walls to enclose internal areas.
(7) Buildings should be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.
(8) In connection with the sitting of mid-rise and high-rise building, the location should be oriented to maximize the privacy of the occupants of adjacent buildings.
(9) Short loop streets, cul de sacs and residential streets should be used for access to low density residential land uses in order to provide a safer living environment and a stronger sense of neighborhood identity.
(10) Street location and design shall conform to existing topographic characteristics. Cutting and filling shall be minimized in the construction of streets. Flat as possible grades shall be utilized proximate to intersections.
(11) Pedestrian circulation in non-residential areas should be arranged so that off-street parking areas are located within a convenient walking distance of the use being served. Handicapped parking should be located as near as possible to be accessible to the structure. Pedestrian and vehicular circulation should be separated as much as possible, through crosswalks designated by pavement marking, signalization or complete grade separation.
(12) Path and sidewalk street crossings should be located where there is a good sight distance along the road, preferably away from sharp bends or sudden changes in grade.
(13) Parking lots and garages should be located in such a way as to provide safe, convenient ingress and egress. Whenever possible there should be a sharing of curb cuts of more than one facility. Parking areas should be screened and landscaped and traffic islands should be provided to protect circulating vehicles and to break up the monotony of continuously paved areas.
(14) Drive through establishments such as restaurants and banks should be located to allow enough automobile waiting space for peak hour operation without interference with other parking lot circulations.
(d) Action by Planning and Zoning Commission for Site Plan Review.
(1) Upon submission of the complete application for site plan review to the Zoning Administrator, the application shall be transmitted to the Planning and Zoning Commission where they shall review the site plan pursuant to subsection (c) hereof. No public notice or public hearing shall be required in conjunction with the review, the approval, approval with modifications or disapproval of the site plan.
(2) The Planning and Zoning Commission shall act upon all site plans within 45 days after the receipt of the complete application from the Zoning Administrator. The Planning and Zoning Commission may approve, disapprove or approve with modifications the site plan as submitted. Within the said 45 day period, a majority of the members of the Planning and Zoning Commission present at a meeting thereof may vote to extend the said period for a period of time not to exceed an additional 45 days.
1111.10 PROCEEDINGS OF THE BOARD OF ZONING APPEALS.
The following provisions shall apply to the Board of Zoning Appeals:
(a) Appeals to the Board of Zoning Appeals. An appeal to the Board of Zoning Appeals may be made by any person aggrieved (who, for the purposes of appeals brought pursuant to this section, shall be defined as the applicant, the owners of real property which is the subject of the appeal and the owners of real property within 300 feet, in any direction, of the boundaries of the real property which is the subject of any such appeal; or by an officer, department, board, or bureau of the City concerning any decision of the Zoning Administrator or Planning and Zoning Commission. Such appeal shall be made within 35 days after the decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. On receipt thereof, the Zoning Administrator shall maintain all files constituting the record on which the action appealed.
(b) Hearings. The Zoning Administrator shall fix a reasonable time for the hearing, give at least ten days public notice thereof, in a newspaper of general circulation in the area, post public hearing notice on the property, and decide the same within a reasonable time, provided that the date for said public hearing is satisfactory to the Board of Zoning Appeals and the applicant. Each appeal shall be accompanied by a payment determined by Council. It shall be the appellant’s sole responsibility to do all legal notices and publication required by law. At the hearing, any party may appear in person or be represented by an agent or attorney.
(c) Decisions of the Board of Zoning Appeals. The Board of Zoning Appeals shall decide all applications and appeals within 35 days after the close of the hearing thereon. Every appeal granted or denied must be accompanied by a written finding of fact based on testimony and evidence and specifying the reason for granting or denying the appeal. A certified copy of the Board of Zoning Appeals decision shall be transmitted to the appellant, and to the Zoning Administrator. Such decision shall be binding on the Zoning Administrator and observed by them, and they shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board of Zoning Appeals. A certified copy of the Board of Zoning Appeal’s decision as well as a copy of the minutes of the Board of Zoning Appeals meeting shall be filed immediately in the City Building and shall be a public record.
(d) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Zoning Appeals, after notice of appeal shall have been filed with the Zoning Administrator, that by reasons of acts stated in the certificate, a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or 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 the Common Pleas Court on application, on notice to the Zoning Administrator or by judicial proceedings, and on due cause shown.
(e) Appeal from Decisions of the Board of Zoning Appeals. There shall be no further appeals to a City body to the decisions of the Board of Zoning Appeals.
(Ord. 2007-1. Passed 1-9-07.)
1111.11 DUTIES OF THE ZONING ADMINISTRATOR AND THE BOARD OF ZONING APPEALS.
It is the intent of this Zoning Code 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 of Zoning Appeals only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board of Zoning Appeals shall be to the courts as provided by law.
1111.12 VARIANCES.
(a) The Board of Zoning Appeals shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the terms, provisions or requirements of this Zoning Code as will not be contrary to the public interest provided, however, that such variances shall be granted only in such cases where, owing to special and unusual conditions pertaining to a specific piece of property as described below, the literal enforcement of the provisions or requirements of this chapter would result in practical difficulty or undue hardship, so that the spirit of the chapter shall be upheld, public safety and welfare secured and substantial justice done. Variances shall not be granted for uses not permitted in the zoning district applicable to the property.
(1) Conditions prevailing. Where there are exceptional or extraordinary circumstances or conditions, the literal enforcement of the requirements of this chapter would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this chapter, the Board of Zoning Appeals shall have power to relieve such hardship. In authorizing a variance, the Board of Zoning Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed structure or use it as it may deem necessary in the interest of the furtherance of the purpose of the chapter and in the public interest. In authorizing a variance, with attached conditions, the Board of Zoning Appeals shall require such evidence and guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions attached.
(2) Findings of the Board of Zoning Appeals. No such variance of the provisions or requirements of this chapter shall be authorized by the Board of Zoning Appeals unless the Board of Zoning Appeals finds that all of the following facts and conditions exist:
A. Exceptional Circumstances. Where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property on the effective date of this chapter, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or classes of uses on the same zoning district.
B. Preservation of Property Rights. That such variance is necessary for the preservation and enjoyment of substantial property rights which are possessed by other properties in the same zoning district and in the same vicinity.
C. Absence of Detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest.
D. Not of General Nature. That the condition or situation of the subject property, or the intended use of the property, for which variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulations for such conditions or situation.
(b) Application for Variance. A variance from the terms of this Zoning Code 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. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application. At a minimum, the application shall contain the following information:
(1) Name, address and telephone number of applicant;
(2) A survey by a person licensed in the State of Ohio to perform land surveys;
(3) Description of the nature of variance requested;
(4) A statement demonstrating that the requested variance conforms to the standards set forth in subsection (a) (1) hereof; and
(5) A fee as established by Council.
(c) Supplementary Conditions and Safeguards. In granting any appeal or variance the Board of Zoning 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 is granted shall be deemed a violation of this code and punishable under Section 1113.01. 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 Zoning Code in the district involved, or any use prohibited by the terms of this Code in such district.
(d) Public Hearing by the Board of Zoning Appeals. The Zoning Administrator shall establish a date for a public hearing within 30 days after the receipt of an application for a variance or a notice of appeal; provided that the date for said public hearing is satisfactory to the Board of Zoning Appeals and the applicant. The hearing on the appeal or variance shall be held within 40 days of receipt of application for the variance or the notice of appeal.
(e) Notice of Public Hearing in Newspaper. Before holding the public hearing required in subsection (d) hereof notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance. The initiating party shall provide at its cost the publication of the notice and shall, on or before the date of the hearings, provide an affidavit confirming compliance with this section, which affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
(f) Notification of Board of Zoning Appeals Hearing. Written notice of the public hearing provided by subsection (d) hereof shall be provided to the owners of the real property within the area covered by the application for the variance and to the owners within 300 feet in any direction of the boundaries of the area covered by the application, within the City of Loveland. For the purposes of this section, the word “owners” shall mean those persons appearing on the county's current tax duplicate as the owners of fee simple title to the real properties. Such written notice shall be provided at least ten days prior to the date of the hearing by hand delivery, or by posting it by prepaid ordinary U.S. mail at the address listed upon the tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in subsection (e) hereof. When the proposed variance has been initiated by the City, the City shall provide at its cost the hand or postal delivery provided herein above. When the proposed variance has been initiated by a party other than the City, the initiating party shall provide at its cost the hand or postal delivery provided herein above and shall file with the Board of Zoning Appeals on or before the date of the hearing an affidavit confirming compliance with the provisions of this section. The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of the Board of Zoning Appeals on the variance application.
(g) Action by Board of Zoning Appeals. Within 35 days after the public hearing required in subsection (d) hereof the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in subsection (c) hereof, or disapprove the request for appeal or variance pursuant to the provision of the Charter. The Board of Zoning Appeals Hearing shall not be continued beyond 35 days. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the appeal or variance and by demonstrating that the decision will make possible a reasonable use of the land, building or structure. If the application is disapproved by the Board of Zoning Appeals, the applicant may seek relief through the Court of Common Pleas.
1113.01 VIOLATION.
Any building that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land that is proposed to be used in violation of this Zoning Code or any amendment or supplement thereto, the City Manager, the City Solicitor or, the Zoning Administrator or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation to prevent the occupancy of the said building, structure or land or to prevent any illegal act, conduct, business or use in or about, such premises.
1113.02 NOTICE OF VIOLATION.
The notice of any violation of the Zoning Code shall be as follows:
(a) Whenever the Zoning Administrator determines that there is a violation of any provision of this Zoning Code, a notice of such violation shall be issued. Such notice shall:
(1) Be in writing;
(2) Identify the violation;
(3) Include a statement of the reason or reasons why it is being issued and refer to the section of this Zoning Code being violated; and
(4) State the time by which the violation shall be corrected.
(b) Service of notice of the violation shall be as follows:
(1) 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 16 years or older; or
(2) By Certified Mail, and first class mail simultaneously, addressed to the person or persons responsible at a let known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the First Class mail envelope is not returned by the Postal Authorities with an endorsement showing failure of delivery; or
(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation.
1113.03 REMEDIES.
The following remedies shall apply to violations of the Zoning Code:
(a) Prohibitions.
(1) No person shall fail or refuse to comply with an order issued by the Zoning Administrator. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(2) No person shall construct, modify, alter, use or occupy any structure or property in violation of the Zoning Code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(b) Penalties.
(1) Whosoever violates this section is guilty of a minor misdemeanor for each offense.
(2) If within one year of the date of the offense the offender has been convicted of or pleads guilty to another violation of this section, the offender is guilty of a misdemeanor of the third degree.
(c) Civil Remedies. The City, the City Manager on behalf of the City or any officer designated by the City Manager on behalf of the City may, in addition to the criminal remedies provided in this Zoning Code, file suit for injunction against any violation of this Zoning Code, or if the violation has caused damages to the City for a judgment for damages and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this Zoning Code may file suit for injunction or damages to the fullest extent provided by the law.
1113.04 FEES.
(a) The fees for all applicant costs incurred in this chapter shall be established by City Council. Furthermore, no plan shall be accepted for filing and processing, as provided in this Zoning Code, unless and until a filing fee is paid to the City.
(b) The applicant shall be responsible for the expenses incurred by the City in reviewing the plan or any modifications to the plan. Such expenses may include items such as the cost of professional services including expenses and legal fees in connection with reviewing the plan, prepared reports, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereon.
(c) At the time of submitting a site plan to the Planning and Zoning Commission for consideration, the applicant shall make a deposit in the office of the City Clerk in the amount equal to the estimated cost of the City's expenses.
1115.01 AMENDMENT OR DISTRICT CHANGES.
The Zoning Code text or map may be amended utilizing the procedures specified in this chapter.
1115.02 CHANGES BY COUNCIL.
Whenever the public necessity, convenience or general welfare require, Council may, by ordinance after receipt of recommendation thereon from the Planning and Zoning Commission and subject to procedures provided below, amend, supplement, change or repeal the regulations, restrictions and boundaries or classifications of property.
1115.03 INITIATION OF AMENDMENTS.
(a) Zoning Code Text. Amendments to the Zoning Code text may be initiated in one of the following ways:
(1) By adoption of a motion by the Planning and Zoning Commission;
(2) By adoption of a motion by Council for the Planning and Zoning Commission recommendation.
(b) Zoning Map. Amendments to the zoning map may be initiated in one of the following ways:
(1) By adoption of a motion by the Planning and Zoning Commission;
(2) By adoption of a motion by Council for the Planning and Zoning Commission recommendation;
(3) By application by a property owner of record.
1115.04 CONTENTS OF APPLICATIONS FOR ZONING MAP AMENDMENTS.
The application shall be signed by the applicant or the applicant's agent attesting to the truth and exactness of all information supplied by the application provided that an individual signing as the applicant's agent shall furnish proof of his authority to act for the applicant. At a minimum the application shall contain the following information:
(a) Name, address and phone number of applicant;
(b) Proposed amendment to the text or a survey of the property proposed to be rezoned;
(c) Present use;
(d) Present zoning district;
(e) Proposed use including any plans that the applicant has developed;
(f) Proposed zoning district;
(g) A vicinity map at a scale of not less than 1"= 100' showing property lines, streets, existing and proposed zoning existing use of all buildings and the principal use of all properties within 300 feet of such land and such other items as the Zoning Administrator may require and;
(h) A fee as established by Council.
1115.05 PLANNING AND ZONING COMMISSION.
(a) Transmittal to Planning and Zoning Commission. Following the request for consideration of a Zoning Code text or map amendment by Council or following the filing of a zoning map amendment application by at least one owner of property such motion or application shall be transmitted to the Planning and Zoning Commission.
(b) Public Hearing. The Planning and Zoning Commission shall, after its adoption of a motion with respect to a text or map change, or after receipt of a transmittal pursuant to subsection (a) hereof hold a public hearing to consider the zoning text or map amendment.
(c) Notice of Public Hearing in Newspaper. Before holding the public hearing provided in subsection (b) hereof, notice of such hearing shall be given by the Planning and Zoning Commission, by publication of a notice in a newspaper of general circulation in the City at least once, ten days prior to the meeting. This notice shall set forth the time and place of the public hearing and the nature of the proposed amendment. When the proposed action has been initiated by the City, the City shall provide at its cost the notice. When the proposed action has been initiated by a party other than the City, the initiating party shall provide at its cost the publication of the notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
(d) Notice to Property Owners. Written notice of a hearing involving a map amendment shall be provided to the owners of the real property within the area to be rezoned or otherwise changed by the map amendment and to the owners within 300 feet in any direction of the boundaries of the property, within the City of Loveland, to be changed by the map amendment. For the purposes of this section, the word “owners” shall mean those persons appearing on the county's current tax duplicate as the owners of fee simple title to the real properties. Such written notice shall be provided at least ten days prior to the date of the hearing by hand delivery, or by posting it by prepaid ordinary U.S. mail at the address listed upon the tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in subsection (c) hereof. When the proposed map amendment has been initiated by the City, the City shall provide at its cost the hand or postal delivery provided herein above. When the proposed map amendment has been initiated by a party other than the City, the initiating party shall provide at its cost the hand or postal delivery provided herein above and shall file with the Planning and Zoning Commission on or before the date of the hearing an affidavit confirming compliance with the provisions of this section. The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of the Planning and Zoning Commission or the City Council on the map amendment.
1115.06 STANDARDS FOR ZONING MAP AMENDMENTS.
(a) Recommendations made only by the Planning and Zoning Commission shall be considered for map amendments. All recommendations by the Planning and Zoning Commission for zoning map amendments shall be consistent with the City's adopted plans, goals, and policies and with the intent of this Zoning Code.
A. Prior to making a recommendation on a proposed rezoning, the Planning and Zoning Commission shall make a finding to determine if the following conditions exist. No rezoning of land shall be approved prior to specific documents finding at least one of the following:
1. There has been a change in demand for land which alters the information upon which the zoning map is based. A study indicates that there has been an increase in the demand for land in the requested zoning district. The study shall provide a rational basis for indicating why a change in the zoning map is warranted.
2. Proposed uses cannot be accommodated by sites already zoned in the City due to lack of transportation or utilities or other development constraints, or the market to be served by the proposed use cannot be effectively served by the location of the existing zoning district.
3. There is an error in the Code text or zoning map as enacted.
4. The City of Loveland’s current Comprehensive Master Plan specifies a different land use for the subject property other than that which is specified on the current zoning map.
B. No residentially zoned district shall be rezoned to a non-residential district unless such proposed rezoning site is contiguous to land in the proposed zoning district classification.
C. In addition to the findings required to be made by subsection (a)B. hereof, findings shall be made by the Planning and Zoning Commission on each of the following matters based on the evidence presented.
1. The extent to which the proposed amendment and proposed use are in compliance with and deviate from adopted plans, goals and policies. “No rezoning shall be allowed unless the Planning & Zoning Commission affirms that the request is consistent with the adopted plans, goals and policies of the City”.
2. The suitability of the property in question for the uses permitted under the proposed zoning. “No rezoning shall be allowed unless the Planning & Zoning Commission affirms that the property in question is suitable for the permitted land uses under the proposed zoning”.
3. The adequacy of public facilities such as transportation, utilities, and other required public services to serve the proposed use. “No rezoning shall be allowed unless the Planning & Zoning Commission affirms that the infrastructure is currently or shall be within a reasonable period of time adequate to serve the proposed use”.
4. The effect of the proposed rezoning on surrounding uses.
5. The effect of the proposed rezoning on the economic viability of existing developed and vacant land within the City.
(b) The Planning and Zoning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and not solely for the interest of the application.
1115.07 COUNCIL.
(a) Recommendation by Planning and Zoning Commission; Transmittal to Council. After the close of the public hearing provided in Section 1115.05(b), the Planning and Zoning Commission shall recommend to Council, in a time period no longer than 35 days, that the amendment be granted, as requested, or it may recommend a modification of the amendment requested or it may recommend the amendment not be granted. The Planning and Zoning Commission shall transmit its recommendation to Council.
(b) Public Hearing. Upon receipt of the recommendation from the Planning and Zoning Commission, Council shall schedule a public hearing.
(c) Notice of Public Hearing in Newspaper. Notice of the public hearing required in subsection (b) hereof shall be given by publication of a notice in a newspaper of general circulation in the City. Such notice shall be published at least ten days before the date of the public hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment. When the proposed action has been initiated by the City, the City shall provide at its cost the notice. When the proposed action has been initiated by a party other than the City, the initiating party shall provide at its cost the publication of the notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
(d) Notice to Property Owners. Written notice of a hearing shall be provided to the owners of the real property within the area to be rezoned or otherwise changed by the map amendment and to the owners within 300 feet in any direction of the boundaries of the property, within the City of Loveland, to be rezoned or otherwise changed by the map amendment. For the purposes of this section, the word “owners” shall mean those persons appearing on the county's current tax duplicate as the owners of fee simple title to the real properties. Such written notice shall be provided at least ten days prior to the date of the hearing by hand delivery, or by posting it by prepaid ordinary U.S. mail at the address listed upon the tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in subsection (c) hereof. When the proposed map amendment has been initiated by the City, the City shall provide at its cost the hand or postal delivery provided herein above. When the proposed map amendment has been initiated by a party other than the City, the initiating party shall provide at its cost the hand or postal delivery provided herein above and shall file with the Clerk of Council on or before the date of the hearing an affidavit confirming compliance with the provisions of this section. The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of City Council on the map amendment.
(e) Action by Council. Council may approve or disapprove the recommendation of Planning and Zoning Commission by a simple majority. Council may modify the recommendation of Planning and Zoning Commission by a vote of not less than three-fourths (3/4) majority of the full membership of Council. Final action on the amendment must be taken within 35 days, of the close of Council's public hearing; failure to take action within such 35-day period shall constitute disapproval.
1117.01 EXISTING NONCONFORMING USES CONTINUATION.
Except as hereinafter specified, the lawful use of a building or premises existing at the time of the effective date of this Zoning Code, which would render the use nonconforming, may be continued although such use, building, or structure does not conform with the provisions of this Zoning Code for the district in which it is located.
1117.02 ENLARGEMENT OR SUBSTITUTION OF NONCONFORMING USES OR BUILDINGS.
No existing building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted, or structurally altered to increase its nonconformity unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as follows:
(a) Substitution. When authorized by the Planning and Zoning Commission, in accordance with the provisions of Section 1109.03, for the substitution of a nonconforming use, a nonconforming use may be replaced by another not more objectionable nonconforming use.
(b) Nonconforming Use Made to Conform. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
1117.03 REPLACING DAMAGED NONCONFORMING BUILDINGS.
Any nonconforming building or structure damaged more than fifty percent (50%) of its then fair market value, exclusive of foundations, shall not be restored or reconstructed, used or occupied as a nonconforming use. If such damage amounts to fifty percent (50%) or less of the fair market value, the nonconforming building or structure may be restored, provided such restoration shall begin within six months from the time of damage.
1117.04 REPAIRS AND ALTERATIONS.
Such repairs, alterations and maintenance work as required to keep said nonconforming use in sound condition may be made to a nonconforming building or structure, provided that the total structural repairs and alterations shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty percent (50%) excluding the land of its fair market value for the purposes at such date, unless such building is permanently changed to a conforming use.
1117.05 DISCONTINUANCE OF USE.
No building, structure or premises where a nonconforming use has discontinued, for a period of twelve continuous months or more, shall again be put to a nonconforming use. Discontinued shall mean that the structure has remained vacant, unoccupied, unused or has ceased the daily activities or operations which had occurred.