Macedonia City Zoning Code
TITLE THREE
Zoning Administration
1131.01 INTERPRETATION AND PURPOSE.
The provisions of the Zoning Ordinance shall be held to be minimum requirements. When the Zoning Ordinance imposes greater restriction upon the location, heights, bulk, number of stories and size of buildings and other structures, setback building lines, lot area, the uses of buildings, structures and land for trade, industry, residence, recreation, or other purposes than are required by other rules, regulations or permits, or by easements, covenants or agreements between parties, the provisions of the Zoning Ordinance shall govern.
(Ord. 41-1962. Passed 7-31-62.)
1133.01 INTERPRETATION OF CERTAIN WORDS AND PHRASES.
(a) Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the words "occupied" or "used" as applied to any building or premises shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used".
(b) All distances are horizontal measurements unless otherwise specified.
(c) The word "shall" is mandatory, unless the natural construction of the wording indicates otherwise.
(d) The Zoning Ordinance includes all amendments explaining or supplementing the same.
(e) The Zoning Inspector includes all persons succeeding him, by whatever title known, in the duties and powers provided for him by the Zoning Ordinance.
(Ord. 41-1962. Passed 7-31-62.)
1133.02 DEFINITIONS.
(1) "Accessory use" or "accessory structure" means a subordinate use or structure constructed or installed on, above or below the surface of a parcel, which is located on the same lot as the main use or main building and which is clearly incidental to and customarily found in connection with a main building or use, and is subordinate to and serves a main building or a main use and is subordinate in area to the main building or main use served. Among other things, "accessory structures" includes cabanas, gazebos, porches, decks.
(Ord. 89-1990. Passed 8-23-90.)
(2) "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory use for packing, treating or storing the produce; provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals. A use shall be classified as agricultural only if it is the principal or main use of the land.
(3) "Building area" means the aggregate of the maximum horizontal cross section area of a building on a lot, excluding cornices, eaves, gutters, one story open porch, balconies and terraces. (Ord. 41-62. Passed 7-31-62.)
(4) Building; structure.
A. "Building" means any structure other than a camp car or trailer or other car on or off wheels that is safe and stable, completely enclosed with a roof, supported by or suspended from columns or walls and which is designed, built or occupied as a shelter or enclosure for persons, animals or property. "Building" shall be construed under the Zoning Ordinance as if followed by the words "or parts thereof".
(Ord. 89-1990. Passed 8-23-90.)
B. "Structure" means anything built or erected, including among other things, building, stadia, reviewing stands, bandstands, bleachers, booths, swimming pools, platforms, towers, bridges, trestles, sheds, bins, poles, tents, tanks above or below ground and signs; and also means the supporting framework or parts of a building. "Structure" shall be construed as if followed by "or parts thereof".
(Ord. 65-1997. Passed 9-11-97.)
C. "Main building" means the building or space occupied by the chief use or activity on the premises.
D. "Accessory building" means a subordinate building detached from, but located on the same lot as the main building, the use of which is incidental and accessory to that of the main building or use. An accessory building shall only be constructed if a main use is previously on the site or being constructed simultaneously with the accessory use.
(Ord. 89-1990. Passed 8-23-90.)
(5) "District" means a section or sections of the unincorporated territory of the Municipality for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
(Ord. 41-62. Passed 7-31-62.)
(6) "Dwelling" means a building, or a portion thereof, above the ground, other than a camp car, trailer or other car on or off wheels designed for and to be occupied more or less permanently by a single family.
A. "Single-family dwelling" means a detached dwelling designed for and to be occupied more or less permanently by no more than one family.
B. "Two-family dwelling" means building with two dwelling units arranged, intended or designed for and to be occupied more or less permanently by no more than two families living independently of each other.
C. "Multi-family dwelling" means a building arranged, intended or designed for and to be occupied more or less permanently by more than two families living independently of each other and having facilities for cooking within each unit.
1. "Garden apartment building" means a building which is constructed for occupancy by three or more families where one or more of the dwelling units are above the first or ground floor and in which the dwelling units are, or may be, serviced by common heating or plumbing systems and/or in which the dwelling units may be rented, or sold as condominium units pursuant to the laws of the State governing condominiums, and which may have a common entranceway serving each dwelling unit therein.
2. "Attached single-family dwellings or townhouses" means single- family dwelling units which are physically attached one to another by common or adjoining vertical walls, have two individual entranceways at the ground level, have individual heating and plumbing systems and are, or may be, individually owned, rented or sold as condominiums.
(Ord. 3-1989. Passed 7-7 89.)
(7) "Family" means one or more persons occupying a dwelling and living as a single non-profit housekeeping unit, as distinguished from a group occupying a boarding, lodging or tourist house, sorority or fraternity house or a hotel.
(8) "Frontage" means all the property on one side of a street between two intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of a street.
(Ord. 41-62. Passed 7-31-62.)
(9) Garage, private; storage or repair.
A. "Private garage" means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises.
B. "Storage or repair garage" means a building or space other than a private garage for the storage or repair of motor vehicles with or without ordinary maintenance service and within which filling station service and/or sale of accessories is permitted.
(Ord. 89-1990. Passed 8-23-90.)
(10) "Gasoline service station" means a building or part of a building or structure or space used for the retail sale of gasoline, lubricants and motor vehicle accessories and for minor services and repairs not accompanied by objectionable noise, fumes or odor.
(11) Grade.
A. "Established street grade" means the roadway elevation established by construction or usage measured at the roadway center line in front of the lot.
B. "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the building or structure. "Finished grade" means the elevation of the finished surface of the ground adjoining the building or structure within a distance of ten feet, of the foundation wall.
(Ord. 41-62. Passed 7-31-62.)
(12) "Home occupation" means an accessory use which is an activity, profession, occupation, service, craft or revenue-enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling, and is conducted without any significant adverse effect upon the surrounding neighborhood. For the purposes of this Zoning Ordinance, a residential office of a professional shall be considered a home occupation.
(Ord. 121-1990. Passed 3-14-91.)
(13) Hotel; motel; boarding; lodging; or tourist home.
A. "Hotel" means a building, established for the purpose of providing temporary accommodations for travelers containing rooms for overnight guests which may in addition provide restaurant facilities and other provisions for recreation and entertainment without provisions for cooking in any guest room or suite of rooms.
B. "Motel" means a roadside hotel having direct and convenient access to highways.
C. "Efficiency hotel" or "efficiency motel" means a hotel or motel which provides kitchen facilities within the rooms which do not exceed twenty- five percent (25%) of its individual living units.
D. "Boarding", "lodging" or "tourist house" means a dwelling other than a hotel or motel, where sleeping accommodations are provided for compensation, to more than two persons other than the family permanently occupying such house as its residence, which may in addition provide meals to its guests for compensation and the guests may be transients or residing for indefinite periods.
(Ord. 30-1968. Passed 5-2-68.)
(14) Height of a building; height of a structure.
A. "Height of a building" means the vertical distance to the highest point of the coping of the street wall in the case of a flat roof, and to the mean height between eaves and ridge, in the case of a pitched roof, measured from the "finished grade".
B. "Height of a structure" other than a building, is the vertical distance to the highest point of the structure measured from the "established street grade" if the structure is located in front of the setback building line, and from the "finished grade" if located on or back of the setback building line. (Ord. 41-1962. Passed 7-31-62.)
(15) "Junk yards and salvage pool yards" means parcels of land upon which used machinery or parts thereof, wrecked, disabled or dismantled motor vehicles or parts thereof, rags, paper, or other used or salvaged materials are stored or dumped or held for sale or exchange. (Ord. 53-65. Passed 10-7-65.)
(16) Lot; lot lines.
A. "Lot" means a parcel of land occupied, or intended to be occupied, by a main building or use or by a group of buildings united by a common interest or use, together with accessory uses and the open space belonging to the same. With the exception of lots which may be provided within multiple family or planned unit developments, all lots shall have frontage on a street or road.
(Ord. 69-1990. Passed 7-19-90.)
B. "Corner lot" means a lot abutting on two streets or roads at their intersection where the angle of the intersection is not more than 135 degrees.
C. "Interior lot" means a lot other than a corner lot.
D. "Front lot line" means the street or road line of the lot in the case of an interior lot, and that street or road line designated by the owner as the front line in the case of a corner lot.
E. "Rear lot lines" means the lot line opposite the front lot line.
F. "Side lot line" means a lot line other than a front or rear lot line.
G. "Depth of a lot" means the distance from the front lot line to the middle of the rear lot line measured in the mean direction of the side lot line.
H. "Width of a lot" means the mean width measured at right angles to the depth.
(17) "Nonconforming use" means the use of land or of a building or structure which
does not conform to the use regulations of the District in which it is situated.
(18) "Parking lot" means an open lot or plot of ground used by the public, with or without a consideration, for standing or parking motor vehicles, no part of which is a public street. (Ord. 41-62. Passed 7-31-62.)
(19) "Residential professional offices" means the residential office of a practitioner of a recognized profession. Such office shall be considered a home occupation.
(Ord. 121-1990. Passed 3-14-91.)
(20) "Roadside stand" means a removable structure used or intended to be used solely by the owner or inhabitant of the property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the setback building line of the property at the conclusion of the seasonal sale. During seasonal sales such structure shall not be placed nearer than ten feet from the front line and shall not be located as to cause congestion on the highway.
(21) Story; half-story.
A. "Story" means the portion of a building included between the surface of a floor and the surface of the floor next above it. If there be no floor above it, then the space between the floor and the ceiling next above it.
B. "Basement" or "cellar" construction shall not be deemed to be a story or half-story.
(22) "Street" means all property dedicated or intended for public or private easements therefor.
(Ord. 41-62. Passed 7-31-62.)
(23) Street or road lines; setback building lines.
A. "Street or road line" means the lot line dividing a lot from the street.
B. "Setback building line" means the imaginary line measured from the right-of-way line of a street or highway between which line and the street or road line, no building or structure or portion thereof may be erected above the "finished grade" except as herein provided.
C. The setback building line may be measured from the centerline of a road, street, or highway, when specifically provided in any particular section of the Zoning Ordinance, but when not so provided, shall be measured from the closest right-of-way line of the road, street or highway involved.
(Ord. 22-1973. Passed 4-26-73.)
(24) "Structural alterations" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area of cubical contents of a building.
(25) "Trailer camp" means a tract or parcel of land open to the public without charge or for a consideration upon which one or more camp cottages or space providing temporary accommodations or parking space for one or more automobile trailers, tents or house cars for human habitation is provided.
(26) "Council" means the Council of the Municipality of Macedonia.
(Ord. 41-1962. Passed 7-31-62.)
(27) Yard.
A. "Yard" means a space other than a court on the same lot with the main building, and extending from the lot line to the nearest wall of the main building, unobstructed from the ground to the sky, except as otherwise provided herein.
B. “Front yard” means the yard across the full width of the lot extending from the main building to the street or lot line. For the purpose of Section 1171.16, Fence Regulations, the front yard of a corner lot shall be determined by the street address for the property.
C. "Side yard" means the yard between the main building and the side lot line and extending from the front yard to the rear yard.
D. "Rear yard" means the yard across the full width of the lot between the rear line of the main building and the rear lot line. The depth of the rear yard is the mean distance between those two lines.
(Ord. 80-2024. Passed 2-13-25.)
(28) "Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of Summit County, or a parcel of land, the deed to which was on record on or prior to the effective date of the Zoning Ordinance.
(29) "Rubbish dumps" means premises upon which inorganic or organic refuse is dumped for convenience and ultimate disposal by the elements.
(30) "Commercial recreation park" means a privately owned area, designed and intended for public use or use by members of various organizations on such terms as the owners of such park may deem wise.
(31) "Playing field" means any privately owned area set aside for games or athletic activities and includes necessary space for spectators.
(32) "Public right of way" shall be construed as if followed by the words "whether such right of way is by easement or by grant."
(Ord. 41-1962. Passed 7-31-62.)
(33) "Joint Development" means a development proposal by two or more contiguous property owners which is intended as a single development by virtue of the arrangement of buildings and/or the consolidation or combined development of required off-street parking, circulation systems, site access or landscaping.
(Ord. 13-1985. Passed 3-28-85.)
1135.01 COMPOSITION AND APPOINTMENT.
(a) The Board of Zoning and Building Code Appeals shall be comprised of five members who shall be residents of the City and appointed in accordance with Section 11.01 of the Charter. Terms of all members shall be of such length and so arranged that the term of one member will expire each year. Each member shall serve until their successor is appointed and qualified. The Zoning Inspector is an ex-officio member and shall be expected, as far as practicable, to attend all meetings of the Board.
(b) Vacancies are shall be filled by the Mayor and shall be for the unexpired term. The members of the Board shall serve with such compensation as shall be determined by Council. (Ord. 40-2018. Passed 5-4-18.)
1135.02 ORGANIZATION.
(a) The Board of Zoning and Building Code Appeals shall adopt rules and regulations as may be necessary to carry out the provisions of the Zoning Ordinance.
(b) Meetings of the Board shall be held at the call of the chairman, by a majority of the Board, or at the request of an applicant pursuant to Section 1135.07 by filing an official application with the Zoning Inspector, the Board shall meet at least once every three months.
(c) The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact.
(d) The Board shall keep records of its examinations and other official action.
(e) The chairman, or in his absence, the acting chairman, may administer oaths and the Board may compel the attendance of witnesses.
(Ord. 40-2018. Passed 5-4-18.)
1135.03 POWERS AND DUTIES.
The Board of Zoning and Building Code Appeals shall have the following powers:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Zoning Ordinance or any amendment adopted pursuant thereto.
(b) To authorize, in specific eases, such variances from the terms of the Zoning Ordinance:
(1) Which will not be contrary to the public interest;
(2) When owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in undue hardship; and
(3) When such a variance will assure that the spirit of the Zoning Ordinance is observed and substantial justice done.
(Ord. 40-2018. Passed 5-4-18.)
1135.04 REMOVAL OF BOARD MEMBERS.
Members of the Board of Zoning and Building Code Appeals shall be removed pursuant to City Charter Section 11.02. If a member of the Board of Zoning and Building Code Appeals is to be removed by an affirmative vote of four (4) members of Council, prior to Council taking such action, the following procedure may be required by Council:
(a) Written charges shall have been filed with Council;
(b) A public hearing shall have been held regarding such charges;
(c) A copy of the charges shall have been served upon the member, so charged, at least ten days prior to the hearing, either personally, by registered mail or by leaving same at his usual place of residence; and,
(d) The member shall be given an opportunity to be heard and answer such charges.
(Ord. 40-2018. Passed 5-4-18.)
1135.05 APPEALS.
Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Code may be submitted to the Board by any person, firm or corporation adversely affected by any administrative officer or the legislative authority of the Municipality, including any decision of the Zoning Inspector, deciding matters relating to this Zoning Code.
(Ord. 40-2018. Passed 5-4-18.)
1135.06 INITIATION OF APPEAL.
(a) Applications for appeal shall be filed with the Zoning Inspector and thereby with the Board within twenty (20) days after the date of any adverse order, requirement, decision, or determination. The applicant shall pay the requisite application fee. The application for appeal shall specifically identify the decision, the provision of the Zoning Code from which the appeal is sought, and set forth the reasonable basis for the appeal. The Zoning Inspector shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(b) For the purposes of this Chapter, an applicant's request for a variance from the terms of this Zoning Code shall be considered as an appeal to the Board of Zoning Appeals, subject to the regulations set forth in the Chapter.
(c) A request for an appeal or a variance or other matters for which the Board has the power to consider shall be submitted to the Board pursuant to Section 1135.05.
(Ord. 40-2018. Passed 5-4-18.)
1135.07 PUBLIC HEARING BY THE BOARD.
(a) When an application for appeal has been filed in proper form with the Board of Zoning Appeals and the application fee has been paid, the Zoning Inspector shall immediately place the request upon the calendar for public hearing before the Board of Zoning Appeals.
(b) The Board shall hold a public hearing within thirty (30) days after the receipt of a completed application for an appeal.
(c) The Board may recess such hearings from time to time. Any person in interest may appear at the public hearing in person or by attorney.
(Ord. 40-2018. Passed 5-4-18.)
1135.08 NOTICE OF PUBLIC HEARING.
Before holding the public hearing, notice of such hearing shall be provided according to the following:
(a) Notice of the public hearing shall be given in one or more newspapers of general circulation in the Municipality at least ten (10) calendar days before the date of such public hearing.
(b) Written notice of the public hearing shall be mailed at least ten (10) calendar days before the day of the hearing to the applicant and all parties having proprietary interest in land within 500 feet of the property to which such appeal relates.
(c) All notices shall set forth the time, place and nature of the public hearing.
(Ord. 40-2018. Passed 5-4-18.)
1135.09 STAY OF PROCEEDINGS.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the application, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by order which may be granted by the Board on application, and notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
(Ord. 40-2018. Passed 5-4-18.)
1135.10 REVIEW OF APPEAL.
The Board of Zoning Appeals shall review the appeal. To aid in their review, the Board may transmit the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or expert opinions shall be compiled by the Zoning Inspector and transmitted to the Board prior to the time of the Board's review. (Ord. 40-2018. Passed 5-4-18.)
1135.11 DECISION OF THE BOARD.
Within its powers, the Board of Zoning Appeals may reverse or affirm, wholly or in part, the decision being appealed from, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit or certificate.
(a) The Board shall render a decision on the appeal within thirty (30) days from the date on which the matter is heard and submitted, unless further documentation or evidence is required by the Board, in which case the Board shall render its decision no later than ninety (90) days from the date on which the matter is heard and submitted, unless an extended period of time is mutually agreed upon by the applicant and the Board, or unless good cause otherwise exists to delay the rendering of a decision.
(b) The Board shall notify the appellant in writing of its decision within thirty (30) days after the date of their determination. Notice of the decision of the Board can be made by the Zoning Inspector.
(c) The Zoning Inspector, or his/her designee, shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep record of the Board's official actions.
(d) When granting approval of appeal, the Board shall further make findings in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. Once the appellant has received the Board's decision, he/she shall, within twelve (12) months following the date of approval, submit an application for a zoning permit, conditional use permit, or other action that complies with the Board of Zoning Appeal's decision.
(1) A copy of the Board of Zoning Appeal's decision shall be attached to the application.
(2) If action is not taken by the appropriate party within the above-specified time frame, the authorization of the appeal shall become null and void, and reapplication to the Board shall be necessary.
(Ord. 40-2018. Passed 5-4-18.)
1135.12 REAPPLICATION OF APPEALS AND VARIANCES.
If a variance or appeal has been denied by the Board, the Board need not reconsider the same or substantially similar request for a variance if resubmitted within one year after the date of the decision, unless the underlying conditions have substantially changed.
(Ord. 40-2018. Passed 5-4-18.)
1135.13 VARIANCES - AREA AND USE.
The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Zoning Code as will not be contrary to the public interest according to the following procedures:
(a) Application Requirements. An application for a variance shall be filed with the Zoning Inspector for review by the Board of Zoning Appeals upon the forms provided, and shall be accompanied by the submission requirements noted in section (b) below.
(b) An application for a variance shall be filed with the Zoning Inspector for review by the Board of Zoning Appeals upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
(1) Name, address, and phone number of applicant(s);
(2) Proof of ownership, legal interest, or written authority;
(3) Legal description of property or portion thereof;
(4) Identification of the zoning district in which the property is located.
(5) Description or nature of variance requested;
A. Narrative statements establishing and substantiating the justification for the variance pursuant to the applicable criteria in sub-section 1135.12 (d);
B. A plan, neatly and legibly drawn to adequately depict the information showing the following, where applicable:
1. The street providing access to the lot and the exact location of the lot in relation to the nearest cross street.
2. The name of the subject plan, if any, and the lot numbers of the subject and abutting properties.
3. The actual dimensions of the lot, the setbacks and other open space dimensions thereof and the location and size of any existing structure thereon.
4. The location and size of the proposed structure, and/or the proposed enlargement and existing structure.
5. The location and size of the parking area and the circulation layout.
6. The proposed landscaping, signs, and any other uses on the property.
7. An elevation drawing for any proposed new structures or major additions.
8. Any other information, including but not limited to floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance, which, in the judgment of the Zoning Inspector, may be necessary to provide for the enforcement of this Code.
C. Payment of the application fee;
D. A list of all property owners lying within 500 feet of any part of the property on which the variance is proposed, including their addresses and permanent parcel numbers and lot numbers;
E. Any other documents deemed necessary by the Zoning Inspector.
(c) Review for Completeness. Within thirty (30) days after receiving an application for variance, the Zoning Inspector shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Inspector shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Inspector shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Board of Zoning Appeals' agenda.
(d) Review by the Board. According to the procedures established for appeals in Section 1135.07 and 1135.10, the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Zoning Code and evidence demonstrates that the literal enforcement of this Zoning Code will result in practical difficulty or unnecessary hardship.
(1) Area Variance. The following factors shall be considered and weighed by the Board to determine practical difficulty:
A. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity; narrowness, shallowness or steepness of the lot; or proximity to non-conforming and inharmonious uses, structures or conditions.
B. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
C. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
D. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
E. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;
F. Whether the property owner purchased the property with knowledge of the zoning restrictions;
G. Whether special conditions or circumstances exist as a result of actions of the owner;
H. Whether the property owner's predicament feasibly can be achieved through some method other than a variance;
I. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
J. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district; and
K. Whether a literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.
(2) Use Variance. In order to grant a use variance, the Board of Zoning Appeals shall determine that strict compliance with the terms of this Zoning Code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the following criteria are satisfied:
A. The property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located;
B. The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
C. The hardship condition is not created by actions of the applicant;
D. The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
E. The granting of the variance will not adversely affect the public health, safety or general welfare;
F. The variance will be consistent with the general spirit and intent of the Planning and Zoning Code; and
G. The variance sought is the minimum that will afford relief to the applicant.
(e) Requests for Additional Information. The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
(f) Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met.
(g) Action by the Board. The Board shall act according to the procedures established for appeals in Section 1135.10.
(1) The Board shall either:
A. Approve;
B. Approve with conditions; or
C. Disapprove the request for appeal, variance, or exception.
(2) Any interested party to an appeal or an application for a variance may make written request that the Board issue findings and conclusions of fact in support of any final decision entered by the Board. Any request for findings and conclusions of fact must be made in writing within ten calendar days of the Board's decision as approved in the meeting minutes. The Board shall thereafter issue such findings and conclusions. Nothing herein shall extend the time for the filing of an appeal pursuant to Chapter 2506 of the Ohio Revised Code.
(3) The Board shall have the power, in specific cases, to vary the application of certain provisions of this Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.
(h) Term and Extension of Variance. Variances shall expire one year from the date of their passage, unless prior thereto, the applicant commences actual construction in accordance with the granted variance or an extension of time has been granted by the Board of Zoning Appeals. There shall be no modification of variances except by further consideration of the Board. Once the time limit pursuant to this Section has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this Section.
(Ord. 40-2018. Passed 5-4-18.)
1135.14 APPEAL OF BOARD'S DECISION.
Decisions by the Board granting or denying variances shall be final within the Municipality, except that an appeal therefrom may be taken to a court of common pleas having jurisdiction pursuant to Chapter 2506 of the Ohio Revised Code by an interested party, including the Municipality and its officials. (Ord. 40-2018. Passed 5-4-18.)
1137.01 ESTABLISHED.
The composition, term and organization of the Planning Commission is set forth in Section 10.01 of the Municipal Charter which provisions are self-executing, but if not, then such section is hereby enacted.
(Ord. 30-1982. Passed 6-10-82.)
1137.02 POWERS AND DUTIES; COMPENSATION.
The Planning Commission shall be the platting authority of the Municipality and shall administer the Subdivision Regulations. It shall initiate, when appropriate, zoning amendments and recommend uses appropriate for the land. It shall hear and determine application for conditional zoning certificates. It shall review and approve site plans and shall plan the appropriate development of the land to include planned unit development. It shall plan the location, construction and vacation of public buildings, thoroughfares, and public and private utilities. The Commission shall perform such other functions as are referred or delegated by Council or the Mayor. Members of the Commission shall serve without compensation, except members shall be compensated in the amount of fifty dollars ($50.00) per meeting for up to two (2) meetings per month.
(Ord. 10-2025. Passed 2-27-25.)
1137.03 PROCEDURES.
Procedures of the Planning Commission concerning subdivisions are contained in the Zoning Ordinance as amended. Procedures regarding zoning amendments and planned unit developments are found under those headings, in the Zoning Ordinance. Procedures and substantive requirements for conditional zoning certificates and site plans shall be as provided in this chapter.
(Ord. 30-1982. Passed 6-10-82.)
1137.04 CONDITIONAL ZONING CERTIFICATES.
In order to grant conditional zoning certificates for the use of land, buildings or other structures such uses must be provided for elsewhere in the Zoning Ordinance.
(a) Applications for conditional zoning certificates shall be submitted in accordance with the following procedures:
(1) Applications shall be submitted to the Zoning Inspector on special forms with the accompanying drawings and documents required in this section, two weeks prior to the regularly scheduled Planning Commission meeting. Each application shall be accompanied by a fee established by ordinance which shall be paid into the Treasury of the Municipality and no part of which shall be refundable.
(2) Such applications shall be accompanied by the following information:
A. Six copies of plans showing:
1. Location and height of existing and proposed buildings and structures;
2. Accessory buildings and uses;
3. Off-street parking and loading areas including lane and other pavement markings to direct and control parking and circulation and including the location of signs related to parking and traffic control.
4. Adjacent streets;
5. Adjacent property including buildings, parking, and drives within 200 feet of the site;
6. Arrangement of internal and in-out traffic movement including access roads and drives;
7. Fences, walls, signs, lighting;
8. Sanitary sewers, water and other utilities;
9. Drainage provisions;
10. Sufficient elevations to show existing topography, and major vegetation features;
11. Proposed grading, landscaping and screening plans;
12. Dimensions of all buildings, setbacks, parking, drives and walkways;
13. Other features necessary for the evaluation of the development plan as deemed necessary by the Zoning Inspector or Planning Commission.
All plans shall be drawn to scale and at the scale shown on the drawing.
(b) The Planning Commission shall review the application in terms of the following standards, and before issuing any conditional zoning certificate must find that the use or uses proposed:
(1) Will be in accordance with the provisions, intent and purposes of the Zoning Ordinance;
(2) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the character of the general vicinity as zoned in the Zoning Ordinance;
(3) Will not be hazardous or disturbing to neighboring uses;
(4) Will be served by essential public facilities and services, such as, highways, streets, police and fire protection, drainage, structures, refuse disposal, schools, etc., or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide any such service;
(5) Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community;
(6) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of the creation of hazardous traffic conditions or the production of excessive noise, smoke, fumes, glare, odors, dust, gas, flame, or vibration.
(c) The Planning Commission may impose such additional conditions and safeguards as it may deem necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of the Zoning Ordinance will be observed.
(d) The Planning Commission shall hold a public hearing or hearings upon the application after notice in at least one publication in a newspaper of general circulation in the City at least ten days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing.
(Ord. 30-1982. Passed 6-10-82. )
(e) Upon conclusion of hearing procedures relative to a particular application the Planning Commission may issue a conditional zoning certificate subject to such conditions as may be reasonably imposed thereon by the Planning Commission in order to effectuate the standards established herein. If the conditional zoning certificate is granted, the established procedures to obtain a building permit shall be followed. Any conditional use approved by the Planning Commission pursuant to Section 1171.15 must be confirmed by a majority vote of Council prior to the applicant being issued any required building or occupancy permits. Any subsequent changes to uses, or alterations to the buildings or site, must likewise be approved pursuant to Section 1171.15 and this section.
(Ord. 50-1983. Passed 8-11-83.)
(f) The breach of any conditions, safeguard or requirement shall automatically invalidate the permit granted, and shall constitute a violation of the Zoning Ordinance. Such violation shall be punishable as per Section 1139.99. The Zoning Inspector shall be responsible for the enforcement of this section and shall refuse any application for additional permits based upon his determination that the conditional zoning certificate granted pursuant to this chapter has terminated. Such determination by the Zoning Inspector may be appealed to the Board of Zoning and Building Code Appeals.
(g) Specific regulations pertaining to conditionally permitted uses are as follows:
(1) Authorization for a conditional use shall be restricted to those districts wherein such use is specifically designated as conditionally permissible by the Zoning Ordinance.
(2) Unless otherwise provided by specific conditions imposed by the Planning Commission, no conditional zoning certificate shall be transferred or assigned without prior express determination by the Planning Commission that the transferee's developmental and operational plans conform with requirements of the original conditional zoning certificate. Failing such determination, the transferee must apply for a new certificate pursuant the full procedures prescribed herein.
(3) A. The conditional zoning certificate issued pursuant this authority shall expire on the happening of any of the following events:
1. Failure of the developer to present to the Planning Commission all required submittals for the next required approval within six months from the date of the last approval granted by the Municipality.
2. No construction upon the authorized project within six months from the date of the last required approval by the Municipality.
3. The lapse for more than one year of active, substantial and actual building after construction has begun.
B. The permit shall expire on the happening of events pursuant to this section, regardless of any lack of action by the Municipality to officially revoke the permit, enforce conditions or declare expiration unless:
1. Prior to expiration the developer applies to the City for an extension and subsequently such extension is granted; or
2. The developer obtains a renewed conditional zoning certificate pursuant this chapter.
(4) The activities hereby conditionally authorized on the subject land shall not be expanded beyond the present scope, i.e., no expansion of the facilities or programs herein authorized shall take place on the premises unless the Planning Commission expressly determines that such expansion does not materially alter the scope, character and quantity of authorized activity.
(Ord. 30-1982. Passed 6-10-82.)
1137.05 SITE PLANS.
(a) Purpose. The purpose of this section is to provide adequate review by the Planning Commission of proposed development in those zoning districts where the uses permitted are of such a nature because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety and general welfare of the community.
(b) Application. In addition to submitting the plans and other data required by the Zoning Inspector, an applicant for a zoning permit in any district requiring site plan approval shall submit a plan of development to the Planning Commission as provided in subsection (c) hereof.
(c) Final Site Plan Requirements. No zoning permit, building permit, or certificate of occupancy shall be issued for the addition or construction or use of any building in such district except in accordance with a plan of development approved by the Planning Commission. Six copies of site plans must be submitted to the Zoning Inspector at least three weeks prior to the monthly Planning Commission meeting. Such site plans shall show the following;
(1) Location and height of existing and proposed buildings and structures;
(2) Accessory buildings and uses;
(3) Off-street parking and loading areas including lane and other pavement markings to direct and control parking and circulation and including the location of signs related to parking and traffic control;
(4) Adjacent streets;
(5) Adjacent property including buildings, parking and drives within 200 feet of the site;
(6) Arrangement of internal and in-out traffic movement including access roads and drives;
(7) Fences, walls, signs, lighting;
(8) Sanitary sewers, water and other utilities;
(9) Drainage provisions;
(10) Four elevations including a front, rear and two side elevations, together with additional views or cross sections, if necessary, to indicate completely the exterior appearance of the structure. All elevations shall be drawn to the same scale, which shall be not less than one-eighth of an inch to the foot, except that the front elevation may be drawn to a larger scale. Each elevation shall show the accurate location of windows, doors, shutters, chimneys, porches and other architectural features, all materials and finishes, an accurate finish grade line, existing topography and major vegetation features;
(11) Proposed grading, landscaping and screening plans;
(12) Dimensions of all buildings, setbacks, parking, drives and walkways;
(13) Other features necessary for the elevation of the development plan as deemed necessary by the Zoning Inspector or Planning Commission.
All plans shall be drawn to scale and at the scale shown on the drawing. The site plans will be reviewed by the Zoning Inspector and submitted to the Planning Commission for review as outlined in this chapter.
(d) Planning Commission Consideration.
(1) The Commission shall consider the location of buildings, parking areas and other features with respect to the topography of the lot and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways, the location of the green area provided, bearing in mind the possible effects of irregularly shaped lots; the adequacy of location, landscaping and screening of the parking lots; the development plan's compliance with the Architectural Design Standards found in Chapter 1172 of the Planning and Zoning Code; and such other matters as the Commission may find to have a material bearing upon the stated standards and objectives of the various District regulations.
(2) The City Architect shall review all proposals submitted for Site Plan Review and shall form an opinion as to whether the proposal complies with the Architectural Design Standards in Chapter 1172. The Architect's opinions and recommendations shall be submitted to the Planning Commission for their consideration. The City Architect's recommendation may include suggested modifications to the proposed plans so that, in the opinion of the City Architect, the proposal complies with the standards in Chapter 1172.
(3) The Commission shall determine if a proposed plan of development either meets or does not meet the regulations, standards and purposes of these regulations, and it shall approve or disapprove the plan and submit its findings in writing, to the applicant, within 120 days after having received the site plan. If no action has been taken by the Commission within such time, then such plan shall be deemed to have been disapproved; provided, however, that the applicant may waive this time limit and consent to the extension of such period.
(4) If Planning Commission finds:
A. That the proposed development substantially complies with all specific requirements and with the purposes, intent and basic objectives of the applicable development regulations and standards;
B. That through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other architectural features, as disclosed by the application, the project shall result in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and
C. That the proposed development shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community,
then the Commission may act upon the proposed application as if in compliance with the standards and requirements set forth in this Code.
(Ord. 13-1995. Passed 3-9-95.)
(e) Final Approval of Site Plan. A plan of development shall remain valid for a period of twenty-four months following the date of its approval. If at the end of that time, construction shall not have begun, then such plan of development shall be considered as having lapsed and shall be of no effect unless resubmitted to the Commission and reapproved. All construction and development under any building permit shall be in accordance with the approved site development plan. Any departure from such plan shall be cause for revocation of a zoning permit. Any changes in an approved plan shall be resubmitted for approval in accordance with this subsection. Construction will be deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the development plan shall have been completed.
(f) Preliminary Plans. The applicant may meet informally with the Planning Commission to review preliminary plans prior to preparing final plans pursuant to subsection (c) hereof. Preliminary plans should be submitted to the Zoning Inspector ten days prior to the next Planning Commission meeting to be scheduled on its agenda for the next Planning Commission meeting. (Ord. 30-1982. Passed 6-10-82.)
1137.06 REVIEW FEES.
(a) Council shall by ordinance establish a schedule of fees for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, subdivision applications, and other procedures and services pertaining to the administration and enforcement of the City’s Zoning and Subdivision Regulations. The schedule of fees shall be posted in the office of the Building Department and may be amended or altered only by Council.
(b) Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(c) The following fees are established and enacted for applicants to the Planning Commission for review of those items listed as required by ordinance, to include Chapters 1109 and 1113 (subdivisions), Section 1121.11 (street tree requirements), Section 1137.04 (conditional uses) and Section 1137.05 (site plans) of these Codified Ordinances.
(1) | Residential | |||
A. | Minor subdivision | |||
1. | Single lot split | $75.00 | ||
2. | More than one lot split | 100.00 | ||
B. | Major subdivision | 30.00 per lot for the first 50 lots plus 15.00 per lot for each lot in excess of 50 lots | ||
C. | Multiple family development | 30.00 per unit for the first 50 units plus 15.00 per unit for each unit in excess of 50 units | ||
(2) | Commercial/Retail - Business Zoning. | |||
A. | Site improvements only (no building construction or renovation proposed) | 150.00 | ||
B. | Subdivision | Same as for residential | ||
C. | Building construction - new or addition | |||
1. | Building less than 7,500 sq. ft. of floor area | 200.00 | ||
2. | Building between 7,500 sq. ft. and 15,000 sq. ft. of floor area | 250.00 | ||
3. | Building between 15,000 sq. ft. and 75,000 sq. ft. of floor area | 250.00 plus $50.00 for each additional 10,000 sq. ft. of floor area, or fraction thereof in excess of 15,000 sq. ft. | ||
4. | Building floor area over 75,000 sq. ft. | 500.00 | ||
(3) | Industrial. | |||
A. | Site improvements only (no building construction or renovation proposed) | 150.00 | ||
B. | Subdivision | Same as for residential | ||
C. | Building construction- | |||
1. | Building less than 15,000 sq. ft. of floor area | 200.00 | ||
2. | Building between 15,000 sq. ft. and 30,000 sq. ft. of floor area | 250.00 | ||
3. | Building between 30,000 sq. ft. and 150,000 sq. ft. of floor area | 250.00 | ||
4. | Building floor area over 150,000 sq. ft. | 500.00 | ||
(4) | All Institutional, Public or Quasi-Public Uses. | |||
A. | Site improvements only (no building construction or renovation proposed) | 150.00 | ||
B. | Building construction- new or addition | |||
1. | Building less than 15,000 sq. ft. of floor area | 200.00 | ||
2. | Building between 15,000 sq. ft. and 30,000 sq. ft. of floor area | 250.00 | ||
3. | Building between 30,000 sq. ft. and 150,000 sq. ft. of floor area | 250.00 plus $50.00 for each additional 30,000 sq. ft. of floor area, or fraction thereof, in excess of 30,000 sq. ft. floor area | ||
4. | Building floor area over 150,000 sq. ft. | 500.00 | ||
(5) Special meetings of Planning Commission at Request of Applicant. An additional fee of one hundred dollars ($100.00) shall be paid by the applicant for any special meeting of the Planning Commission held at the applicant’s request to expedite the review and processing of an application. The fee shall be paid when the chairman, with the concurrence of the majority of the Commission, agrees to hold such meeting and shall be received by the City a minimum of three (3) days prior to such special meeting or the meeting, at the chairman’s discretion, may be cancelled.
(6) Administrative. For any miscellaneous applications, not otherwise listed in this section, the applicant shall pay a fifty dollar ($50.00) fee, plus the cost of any engineering, architectural or legal reviews required by the City.
(d) The following fees are established and enacted for each application for a variance and each appeal made to the Board of Zoning and Building Code Appeals as provided by Chapter 1135:
(1) Residential: 100.00
(2) Commercial/retail business zoning: 200.00
(Ord. 121-2008. Passed 12-11-08.)
1139.01 POWERS AND DUTIES OF ZONING INSPECTOR.
For the purpose of enforcing the Zoning Ordinance and amendments thereto, Council shall establish the position of Zoning Inspector, who shall be charged with the duty of issuing zoning certificates in accordance with the Zoning Ordinance. The Zoning Inspector shall issue all other permits and collect all fees under the Zoning Ordinance and the Subdivision Regulations. He shall receive for the City all submissions or approvals required under the Zoning Ordinance and the Subdivision Regulations before presentation to any board, commission or officer of the City, and shall have the power and duty, in each instance, to reject any submission for failure to comply with any applicable regulations. He shall also have the power and duty to require any additional information or rendering necessary to the approval process.
(a) Zoning Certificate. A building permit shall only be granted when the Zoning Inspector has issued a zoning certificate which signifies that the project for which a building permit has been requested complies with all standard procedures and regulations of the Zoning Ordinance. Such zoning certificate shall be issued on such appropriate forms prepared by the Zoning Inspector.
(b) Certificate of Occupancy. No vacant land and no building erected, added to or altered shall be occupied or used in whole or in part nor shall any owner or tenant of any land or building hereafter change the use classification in any building, or portion thereof, or on any premises without a certificate of occupancy from the Zoning Inspector issued in accordance with the authority hereinafter provided; provided that nothing in this section shall prevent the continuance of the present occupancy or use of any premises or of any existing building.
(1) The Zoning Inspector shall only issue a certificate of occupancy when:
A. The project satisfactorily complies with all the provisions of the Zoning Ordinance;
B. A certificate has been received from the Building Commissioner indicating that the building, alterations and addition thereof and premises have been completed in accordance with the Building Code; and
C. A certificate has been received from the City Engineer showing that all street improvements have been installed and all other provisions of the applicable Subdivision Regulations affecting the needs of occupancy of the property are complied with, and operating properly; and
D. A certificate has been received, when applicable, from the Summit County Health Department showing compliance with all the requirements of the Department.
(2) All certificates of occupancy shall be issued within ten days after the provisions of subsection (b) (1) hereof have been complied with.
(3) The Zoning Inspector shall maintain a record of all certificates of occupancy and a copy shall be furnished upon request to any person having a proprietary or tenancy interest in the building or premises affected.
(4) The Zoning Inspector shall cause a notice to be posted on all premises for which a certificate of occupancy is required and shall so state that such certificate of occupancy is required from the Zoning Inspector prior to occupancy of the premises and shall state that any individual, firm or corporation using or occupying the premises prior to receiving a certificate of occupancy shall be subject to prosecution.
(Ord. 30-1982. Passed 6-10-82.)
1139.02 ZONING CERTIFICATE; INSPECTIONS.
(a) Except as expressly provided by this Zoning Ordinance or duly adopted amendments thereto, no person shall locate, construct, reconstruct, erect, enlarge, structurally alter, maintain or use any building or structure or use any land within the City, without obtaining a zoning certificate, and no zoning certificate shall be issued unless the plans for the proposed building, structure or use fully comply with the regulations of the Zoning Ordinance or amendments thereto, then in effect. The application for a zoning certificate shall include the plan for the proposed building, structure or land use together with an affidavit setting forth the use to which the proposed building, structure and/or land shall be put and the lot plan drawn to scale clearly indicating proposed building locations, setback building lines, yard areas and distances to buildings on adjoining premises.
(b) Every lawfully issued zoning certificate, except conditional zoning certificates, and all rights thereunder shall expire one year from the date of issuance thereof or one year from the final determination of any appeal in connection therewith; provided, however, upon written application the Board of Zoning and Building Code Appeals may grant an extension of time, up to one year, provided the applicant has in the opinion of the Board of Zoning and Building Code Appeals made diligent effort during the year to comply with the requirements or provisions of the certificate and the plans attached thereto. Any extension beyond the above mentioned two years period may be granted by the Board of Zoning and Building Code Appeals for such time and under such conditions as it feels is warranted. A sixty day written notice of any request for any extension shall be filed with the Board together with a progress report which the Board must find justifies the requested extension.
(c) The Zoning Inspector shall make or cause to be made such inspections as are necessary to secure compliance with the provisions of the Zoning Ordinance.
(Ord. 30-1982. Passed 6-10-82. )
1139.03 FEES.
(a) The following fees shall be charged and collected for the filing of application and issuance of zoning certificates:
Zoning Certificates. Fee (1) Single family residence/attached garage/New Construction $50.00 (2) Double/multi family house or apartment (each unit) 50.00 (3) Detached/attached garage, carport, breezeway, additions and permitted structures. 50.00 (4) Swimming pools. 50.00 (5) Fences. 50.00 (6) Business/industrial structures including ground area covered, plus garages, loading docks or any terrain covered with any type of permanently elevated cover (e.g. a roof). 100.00 |
(b) Subsection (a) hereof is enacted as a general Ordinance pursuant to, but not as a part of the Zoning Code.
(Ord. 109-2008. Passed 12-11-08.)
1139.99 PENALTY.
(a) Any person, firm or corporation violating any provision of this Zoning Ordinance or amendment thereto shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.
(Ord. 84-1984. Passed 11-8-84.)
(b) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of any of the provisions of the Zoning Ordinance or amendment thereto, Council, the Zoning Inspector or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use. (Ord. 30-1982. Passed 6-10-82.)
1141.01 INITIATION OF AMENDMENTS.
Amendments to the Zoning Ordinance may be initiated in the following manner:
(a) By the request of the Planning Commission;
(b) By the introduction of an ordinance by Council or a member thereof and referral of the proposed ordinance to the Planning Commission;
(c) By the filing of an application, by one or more of the owners or lessees of the property within the area proposed to be changed or affected by the proposed amendment or supplement, with the Planning Commission.
(Ord. 30-1982. Passed 6-10-82.)
1141.02 APPLICATION FOR AMENDMENTS.
(a) Application for amendments to the Zoning Ordinance pursuant to Section 1141.01(c) shall be submitted to the Planning Commission upon such forms, and shall be accompanied by such data and information as may be prescribed for that purpose by the Planning Commission so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified under oath by at least one of the owners or lessees of the property within the area proposed to be changed or affected, attesting to the truth and correctness of all facts and information presented with the application.
(b) The application shall include the names of all owners of property within and contiguous to and directly across the street from such parcel or parcels proposed to be reclassified or redistricted, and the addresses of such owners appearing on the current tax roll. (Ord. 30-1982. Passed 6-10-82.)
1141.03 RECOMMENDATION BY PLANNING COMMISSION TO COUNCIL.
The Planning Commission shall consider the referral of an ordinance from Council or the filing of an application at the first regular meeting after receiving the same and shall within thirty days after such meeting, approve, disapprove, or make suggestions concerning the proposed amendment and shall submit such recommendation together with such ordinance or application, together with the text and map pertaining thereto, to Council.
(Ord. 30-1982. Passed 6-10-82.)
1141.04 ZONING MAP AMENDMENTS.
When an amendment to the Zoning Ordinance, changing the zoning of any area, becomes effective, it shall be the duty of the Clerk of Council to cause such change to be entered on the Zoning Map on file in the office of the Clerk.
(Ord. 30-1982. Passed 6-10-82.)
1141.05 PUBLIC HEARING.
(a) Before action is taken on all proposed amendments to any zoning ordinance,
Council shall hold a public hearing thereon, and shall give thirty days notice of the
time and place thereof in a newspaper of general circulation in the City.
(b) If the ordinance intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council by first class mail, at least twenty days before the date of the public hearing to the owners of the property within and contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by Council.
(c) During the period following the publication of notice of public hearing, the text or copy of the text of such amendment, together with the maps or plans or copies thereof forming part of or referred to in such amendment and the maps, plans, and reports submitted by the Planning Commission shall be on file for public examination in the office of the Clerk of Council.
(Ord. 76-1991. Passed 9-26-91.)