This chapter establishes both the powers and duties of the Building Commissioner, and the Planning and Zoning Commission with respect to the administration of the provisions of this Code.

(Ord. 2000-128. Passed 12-6-00; Ord. 2008-131. Passed 1-21-09.)

   The Building Commissioner shall have the following responsibilities and powers with respect to this Zoning Code:

   A.   Enforce the provisions of this Code and interpret the meaning and application of its provisions.

   B.   Receive, review and make determinations on applications for Zoning Certificates and Certificates of Occupancy.

   C.   Issue Zoning Certificates and Certificates of Occupancy as provided by this Code, and keep a record of same with notations of special conditions involved.

   D.   Review and process plans pursuant to the provisions of this Code.

   E.   Make determinations as to whether violations of this 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 Code.

   F.   Conduct inspections of buildings and uses of land to determine compliance or non- compliance with this Code.

   G.   Maintain permanent and current records required by this Resolution, including but not limited to the Official Zoning Map, Zoning Certificates, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for use of the City Council, Planning Commission, the Board of Zoning Appeals and to the public.

   H.   Determine the existence of any violations of this Code and enforce this Code.

   I.   Revoke a Zoning Certificate or approval issued contrary to this Code or based on a false statement or misrepresentation on the application.

   J.   Such other duties as specified from time to time by the City Council.

(Ord. 2000-128. Passed 12-6-00.)

   The Planning and Zoning Commission shall be appointed and shall have the powers conferred upon it as established in Article XVI of the Charter of the City of Maple Heights and as specifically established below:

   A.   Compensation. Salaries of the Planning & Zoning Commission shall be Seventy-Five Dollars ($75.00) per meeting held in which a quorum is present and business is conducted, not to exceed One Thousand Eight Hundred Dollars ($1,800.00) per year. The salary of the Chairperson shall be Eighty-Five Dollars ($85.00) per meeting held in which a quorum is present and business is conducted, not to exceed Two Thousand Forty Dollars ($2,040.00) per year. No member shall be entitled to compensation for a meeting in which that member was not in attendance.

   EDITOR'S NOTE: Section 1262.04 was repealed by Ordinance 2007-30, passed May 2, 2007. See Section 1262.03.

      1.   Ensure that new development and redevelopment are compatible and harmonious with the existing overall character of the City;

      2.   Strengthen, enhance, and improve the existing visual and aesthetic character of the City; and

      3.   Maintain a high design character of community development and ensure the compatibility of new development.

      1.   Members of the Architectural Review Board shall be appointed by the Mayor and approved by City Council. The Board shall consist of three (3) architects licensed to practice in the State of Ohio, and at the Mayor's discretion, may appoint a fourth architect to serve on the Board as an alternate in the event one (1) of the three (3) may not be able to attend.

      2.   The Architectural Review Board shall serve as an advisory board to the Planning and Zoning Commission. The compensation for the members of the Board shall be sixty dollars ($60.00) per hour, with the alternate serving pro bono until such time he or she is called to fill the three (3) Member Board.

      1.   The design of the building - use of materials, finish grade lines, dimensions, orientation, fenestration and proportions.

      2.   The design of the building in conjunction with site features such as landscaping, parking, and vehicular and pedestrian circulation for all projects to be erected, moved, altered, remodeled or repaired; and

      3.   In making its determinations in accordance with the purpose of the Architectural Review Board and acceptable architectural principles, the Architectural Review Board shall have a duty to consider the elements of the application including, but not limited to:

         a.   Building massing, which shall include the relationship to the views from the building and the building's scale and relationship to nearby buildings and pedestrian walkways;

         b.   Window treatment, which shall include the size, shape and materials of the individual window units and the overall harmonious relationship of window openings;

         c.   Exterior detail and relationships, which shall include all projecting and receding elements including but not limited to, porches and overhangs;

         d.   Roof shape, which shall include type, form, and materials;

         e.   Materials, texture and color, which shall include a consideration of material compatibility among various elements of the structure;

         f.   Compatibility of materials on the exterior;

         g.   Pedestrian environment, which shall include the provision of features which enhance pedestrian's visual perspective; and,

         h.   Any other factors necessary to fulfill the purposes of this Planning and Zoning Code and any other design criteria as set forth in this Code.

      1.   The Architectural Review Board shall elect from its members a Chair. The Chair of the Architectural Review Board shall be the presiding officer of the Board's meetings, responsible for proper and efficient administration of the Board's duties.

      2.   The Architectural Review Board shall elect from its members a Secretary. The Secretary of the Architectural Review Board shall keep or cause to be kept a complete record of all meetings of the Board and a detailed record of all transactions handled by the Board.

      3.   The Board shall establish a schedule of regular meetings, and procedures for the calling of and giving notice of special meetings.

      4.   All recommendations by the Architectural Review Board to the Planning and Zoning Commission, including recommendation for approval, approval subject to revisions, deferment for additional information, or disapproval require the affirmative concurring vote of at least two (2) members voting on the action.

      5.   The Architectural Review Board shall receive, promptly review, and provide recommendations to the Planning and Zoning Commission upon all drawings, data, and reports referred to them by the Planning and Zoning Commission, in the order filed for the purposes set forth in this chapter, and according to rules and regulations duly adopted and published by the Board for the operation of its business, which rules and regulations shall not be inconsistent with the purposes of the Board or the provisions of this chapter.

      6.   A member of the Board shall not participate in the review of any work in which he, his partner or his professional associate has any direct or indirect interest.

(Ord. 2000-040. Passed 7-19-00; Ord. 2008-131. Passed 1-21-09; Ord. 2020- 108. Passed 12-16-20.)

   Any person, other than Council or the Mayor, who presents an application to the Planning and Zoning Commission, shall have a sixty (60) calendar day limitation to perfect the requirements of his or her application. An applicant's failure to comply with the sixty (60) calendar day requirement shall be considered an abandonment of an application by the applicant, and such application shall be removed from the agenda by the Commission.

   The Commission, within sixty (60) calendar days subsequent to an applicant's first appearance on the agenda of either, take action on the application. Failure to comply with this sixty (60) calendar day limitation shall be deemed approval by the Commission as to the applicant's request.

   Nothing in this section shall prevent the applicant from reapplying after the termination of such sixty (60) calendar days. However, an application shall then be subject to any enactment in these Codified Ordinances during the interim.

(Ord. 2000-128. Passed 12-6-00; Ord. 2008-131. Passed 1-21-09.)

   The general procedures for compliance and enforcement are as follows:

   A.   Compliance with this Zoning Code shall be obtained by:

      1.   A building permit and zoning clearance; and

      2.   A certificate of occupancy upon completion.

   B.   Enforcement of this Zoning Code shall be obtained by:

      1.   Inspection and order for removal of violations;

      2.   Liability for failure to comply; and

      3.   An injunction.

(Ord. 2000-128. Passed 12-6-00.)

   No excavation or site improvements shall be started and no buildings or structures shall be erected, altered or moved until a building permit has been applied for and issued by the Building Commissioner or his or her selected representative.

   A.   Compliance With Zoning Regulations

   Building permits shall be issued by the Building Commissioner or his or her selected representative only if the work described in the application clearly complies with all provisions of this Zoning Code and other Ordinances of the City. Where work does not comply, the Building Commissioner or his or her selected representative shall not have the authority to grant variances or make exceptions.

   B.   Design Review

   A building permit for any building requiring the review of the design shall not be issued until such application has been reviewed and approved by the Planning and Zoning Commission.

   C.   Determination of Similar Use Required

   A building permit for any building or use shall not be issued by the Building Commissioner for any similar building or use that is not specifically listed until a similar use determination has been made by the Planning and Zoning Commission.

(Ord. 2000-128. Passed 12-6-00; Ord. 2008-131. Passed 1-21-09.)

   A.   Applications for a building permit shall be accompanied by:

      1.   A plat showing the dimensions of the lot to be developed, the lot number, information as to any unusual natural or topographic features and evidence that the lot has been surveyed and property located;

      2.   A site plan, drawn to scale, showing the location, by dimension, of any easement, of proposed and existing buildings, driveways, walks and proposed finished grades, the location, distance to and use of adjacent buildings on adjoining lots, and the location and size of the garage for each residential building, whether the garage is included in the application or to be built at a future date;

      3.   Such other drawings and information as may be required for a building permit application; and

      4.   A fee as established by ordinance.

   B.   Required drawings, for new construction, additions and alterations of multifamily and nonresidential buildings that are subject to Planning and Zoning Commission review, shall be on file in the Building Department and available for public inspection not less than fourteen (14) business days prior to the Planning and Zoning Commission meeting at which such drawings will be considered.

(Ord. 2000-128. Passed 12-6-00; Ord. 2008-131. Passed 1-21-09.)

   A.   Applications for building permits and accompanying drawings that require design review shall be submitted to the Building Commissioner or his or her selected representative. If he or she finds that the application and all documents comply with this Zoning Code, he or she shall transmit such applications with his or her report to the City Planning and Zoning Commission for its action.

   B.   For the purposes of carrying out its duties, the Planning and Zoning Commission shall refer building applicants to the Architectural Review Board when, in the opinion of the Building Commissioner, the cost of the alterations or new construction shall be five hundred thousand dollars ($500,000) or more. The Architectural Review Board shall then make its recommendations to the Planning and Zoning Commission. The Planning and Zoning Commission may also refer applicants to the Architectural Review Board for a lesser amount if the scope of the design of the project merits architectural review. It is the intent of this section to limit architectural board review to commercial applicants and publicly owned buildings.

   C.   Upon approval by the Planning and Zoning Commission, the Building Commissioner or his or her selected representative shall be authorized to issue a building permit.

(Ord. 2000-040. Passed 7-19-00; Ord. 2008-131. Passed 1-21-09.)

   Permits may be withheld from issuance under the following circumstances:

   A.   Pending Amendments

   A building permit or certificate of occupancy for change in use may be withheld during the period in which an amendment to this Zoning Code is pending, after recommendation by the Planning and Zoning Commission, or introduced by Council, if such amendment would affect the building or use applied for. However, the permit shall not be withheld for more than ninety (90) calendar days after the application was submitted, or after final action by Council has been taken, whichever is the shorter period.

   B.   Noncompliance

   A building permit shall not be issued for a residential building on a lot unless the following are true:

      1.   The lot abuts, for the required width, upon a dedicated street or upon a street in which dedication is pending.

      2.   All utilities, pavements and other required improvements are constructed, or their construction is assured.

      3.   The lot is located in a duly recorded subdivision or resubdivision, an approved allotment or a lot of record, and complies with all other requirements of this Zoning Code.

(Ord. 2000-128. Passed 12-6-00; Ord. 2008-131. Passed 1-21-09.)

   The determination of similar uses shall be as follows:

   A.   Upon application for a permit for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts, additions thereto shall be made by the Planning and Zoning Commission in compliance with the following standards:

      1.   Such a use must not be listed in any other classification of permitted buildings or uses.

      2.   Such a use is more appropriate to, and conforms to the basic characteristics of, the classification to which it is to be added than to any other classification.

      3.   Such a use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added.

      4.   Such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.

   B.   Council has the right to overrule a decision of the Planning and Zoning Commission according to Section 1262.03(F) of the Codified Ordinances.

(Ord. 2000-128. Passed 12-6-00; Ord. 2008-131. Passed 1-21-09.)

   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 Commissioner by at least one owner of record or the owner's agent of property for which such conditional use is proposed. The application shall be signed by the owner of record or applicant attesting to the accuracy of all information supplied by the application. The application form shall be supplied by the Building Commissioner, and at a minimum, the application shall contain the following information, provided however that the Planning and Zoning Commission 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 Building Commissioner may require to determine if the proposed conditional use meets the intent and requirements of this 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 below; and

      8.   An application filing fee as may be established by ordinance.

   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:

         a.   The use will not discourage the development or impair the value of the surrounding and adjacent land and use district(s);

         b.   The concentration and volume of vehicles in connection with the use will not be more dangerous or hazardous than the usual traffic of the use district;

         c.   The proposed use must not produce a negative impact upon the abutting or surrounding properties and zoning uses given the characteristics, size, location, intensity and nature of the proposed use and any structure;

         d.   The location, extent, arrangement and intensity of the proposed use shall be such that its operation will not be objectionable to adjacent and surrounding uses by reason of noise, smoke, dust, odors, fumes, vibrations or glare;

         e.   The use, arrangement of and location of uses and structures must be compatible with surrounding uses and zones or must be capable of being made compatible through the imposition of conditions;

         f.   The use and structures must not be detrimental to the health, safety and welfare of the locality involved;

         g.   The use and structures must conform to the purpose, intent and objectives of this zoning code.

         h.   The proposed use is properly located in relation to any adopted master plan, general plan, land use plan, thoroughfare plan, or street plan, particularly in its relation to existing collection and local street systems and pedestrian circulation;

      2.   Factors to be considered in evaluating the standards set forth in Subsection B1 may include, but are not limited to, the following:

         a.   Land use;

         b.   Height;

         c.   Setbacks;

         d.   Business or other activities;

         e.   Open space;

         f.   Density;

         g.   Location of structures and uses on the site;

         h.   Screening;

         i.   Signs/advertisements;

         j.   Paving;

         k.   Entrances;

         l.   Hours of operation;

         m.   Lighting;

         n.   Landscaping;

         o.   Fencing/walling;

         p.   Mechanical systems/HVAC;

         q.   Dumpster locations;

         r.   Parking; and

         s.   Noise generation.

      3.   The Planning and Zoning Commission shall have the authority to modify the requirements of a conditional use on a case by case basis.

   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 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 Planning and Zoning Commission shall schedule and conduct a public hearing within sixty (60) calendar days after the acceptance of the application.

   E.   Notice of Public Hearing in Newspaper

   A Notice of Public Hearing for a Conditional Use Permit shall be made according to Section 1262.03(D)(5).

   F.   Action by the Planning and Zoning Commission

   Within sixty (60) calendar days after the public hearing required in subsection D., the Planning and Zoning Commission shall either approve, approve with supplementary conditions as specified in subsection C., or disapprove the application as presented. If the application is approved or approved with modifications, the Planning and Zoning Commission shall direct the Building Commissioner to issue a conditional zoning permit listing the specific conditions specified by the Planning and Zoning Commission for approval.

   G.   Appeals

      1.   Appeals from the Planning and Zoning Commission for conditional uses shall be made to the City Council pursuant to Section 1262.03(F).

   H.   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. A conditional use shall also expire upon the sale of the property or the transfer of title of the property for which the conditional use permit was issued.

(Ord. 2000-128. Passed 12-6-00; Ord. 2008-131. Passed 1-21-09.)

   The Planning and Zoning Commission shall have the power, in specific cases, to vary the application of any provision of this Zoning Code in terms of the following standards so that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.

   A.   General Standards for Granting Variances

      1.   Where the literal application of this Zoning Code would result in practical difficulties or unnecessary hardships. However, such hardships must be found to be peculiar to the property in question, making it distinct from the general hardships of the district.

      2.   Where other exceptional circumstances or conditions, only applicable to the property involved or to the intended use or development of the property, do not apply to other property within the same zone. The fact that the owner of one parcel might apply prior to the owner of other parcels in the same area would not give him or her a right to a variance, thus granting a special privilege to an individual, when such variance would be necessarily denied to others. What must be shown, instead, is that there are exceptional conditions justifying a variance on one lot, and that a variance would be justified on any lot where the same set of circumstances exists.

      3.   Where granting of a variance will not be detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located. The existence of an unnecessary hardship or other exceptional circumstances is not ipso facto evidence for granting of a variance, for such hardships must be balanced against the present conditions and the extent to which such a variance would interfere with the proper future development rights of adjacent property.

      4.   The granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code or other adopted plans. A variance merely permits that which is contemplated in this Zoning Code under certain conditions. On the other hand, that which is not contemplated, but is deemed to be a desirable addition to this Zoning Code, should be effected by amendments.

   B.   Specific Limitations on Granting Variances

      1.   Limitations on Variations from Use Regulations

         a.   The Planning and Zoning Commission may permit variances as may be necessary to secure appropriate development of a lot of record only when:

         b.   The lot adjoins a lot occupied by a nonconforming building or use existing on the effective date of the original Zoning Code of the City (Ordinance 1958-74) (August 1, 1958).

         c.   The adjoining lot is not more than the next lower zoning district in order of restrictiveness.

         d.   If, in compliance with the above provisions, the use may be extended, such extension shall be limited to not more than twenty-five feet beyond the line of the district in which the use is located.

      2.   Limitations on Variations from Area Regulations

         a.   A lot of record, held in single and separate ownership on the effective date of the original Zoning Code of the City (Ordinance 1958-74) (August 1, 1958), and as may be amended from time to time, may be used as a site for a single-family dwelling.

      The Commission may vary the minimum floor area requirements of a dwelling by not more than ten (10) percent if, by reason of a lot frontage or area or side yard widths which are greater than the specified in this Zoning Code, or by exceptionally skillful arrangement of site design, the result of such variation will be in harmony with the character of the neighborhood.

      3.   Limitations on Variations from Yard Regulations

         a.   The Commission may permit in Single Family Districts, as may be necessary to permit the appropriate development of a lot of record or because of a particular shape or for topographical reasons, variations in the required yards are not decreased more than twenty (20) percent, provided the Board determines that light and ventilation will be adequate and privacy not impaired, and provided the required area has not been decreased.

         b.   The Commission may permit in a residential district a modification of the required side yard so as to allow a one story garage to be attached to a single family dwelling constructed before the effective date of the original Zoning Code of the City (Ordinance 1958-74) (August 1, 1958), and to project into a required side yard. However, the resulting side yard shall not be less than three (3) feet.

      4.   Limitations on Variations from Height Regulations

   The Commission may permit an increase in the height of a proposed or existing building or part thereof to the same height of an adjacent building (if the adjacent building is higher than permitted in the height regulations), if such increased height is essential to the completion of the building as originally planned. This variance may only be considered if the proposed or existing building is at the same grade as the building on the adjacent property.

      5.   Limitations on Variations to Nonconforming Buildings and Uses

   The Commission shall have no power to authorize, as a variance, the establishment of a nonconforming building or use, or changes in nonconforming uses where none previously existed, except in terms of subsection A. hereof and Chapter 1292, Nonconforming Uses.

   C.   Lapse of Variances

   A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances or if, after the expiration of one (1) year, no substantial construction is done in accordance with the plans for which such variance was granted. Should the latter be the case, the variance shall be deemed null and void, and all regulations governing the premises in question shall revert to those in effect before the variance was granted.

   D.   Application for Variance

   A variance from the terms of this code shall not be granted by the Commission unless and until a written application for a variance is submitted to the Building Commissioner. The application shall be signed by the owner of record or applicant attesting to the truth and exactness of all information supplied by the application. The application form shall be supplied by the Building Commissioner, and 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 Section 1262.12; and

      5.   A fee as established by Council.

   E.   Application Deadlines

   No variance shall be considered by the Planning and Zoning Commission at any meeting unless an application with all required supporting documents is submitted to the Building Department fourteen (14) business days prior to the meeting, which provides at least one (1) week for review and ten (10) calendar days for advertisements. No exception to this requirement will be permitted without the approval of the Councilperson from the district wherein the subject property or subject matter exists and the Building Commissioner. If it is a Citywide matter, no exception to this requirement will be permitted without the approval of the President of Council and the Building Commissioner.

   F.   Authority of Council to Overrule Decisions of the Commission.

   Council has the right to overrule a decision of the Planning and Zoning Commission pursuant to Section 1262.03(F).

(Ord. 2000-128. Passed 12-6-00; Ord. 2008-131. Passed 1-21-09.)