Middlefield City Zoning Code
TITLE ONE
Planning
1101.01 PLANNING COMMISSION.
(a) Planning Commission Created. There is hereby created a Planning Commission of five members for the Municipality consisting of the Mayor, one member of Council and three residents of the Municipality, all to be appointed in accordance with the provisions of Ohio R.C. 713.01. The members of the Planning Commission shall annually elect one member as Chair of the Planning Commission, except that if the Chair of the Planning Commission is the Mayor or a Member of Council, that member shall receive no additional compensation therefor. The remaining members of the Planning Commission may receive such compensation as Council shall provide.
(b) Duties of Planning Commission. For the purpose of this Zoning Code, the Planning Commission shall have the following duties:
(1) Review all proposed amendments to the Subdivision Regulations and Zoning Code in accordance with Chapter 1137 and make recommendation to Council;
(2) Review all site plans;
(3) Review all plans for planned unit developments and make recommendations thereon to Council as appropriate;
(4) Hear and decide appeals where it is alleged there is an error in any order, requirements, decision or determination made by the Zoning Inspector;
(5) To hear appeals regarding the interpretation, implementation and enforcement of the Exterior Property Maintenance Code, as provided by Section 1309.11;
(6) To authorize such variances from the terms of the Zoning Code as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of the Zoning Code will result in practical difficulties or unnecessary hardship;
(8) To determine the similarity of uses pursuant to Section 1153.07;
(9) To consider applications for conditional use permits under the conditions specified in Chapter 1135 of the Zoning Code, imposing such additional conditions as necessary to uphold the intent of the Zoning Code;
(10) To authorize the issuance of zoning certificates for uses that are subject to performance standards and requirements, as specified in Section 1159.07;
(11) To review all changes in the fee schedule established in Section 1140.04 and make recommendations to Council;
(13) To conduct an annual review of the Comprehensive Plan, and evaluate the Village’s efforts to comply with the recommendations of the Comprehensive Plan;
(14) To exercise any and all other powers provided by the Ohio Revised Code or this Zoning Code.
(c) Proceedings of the Planning Commission. The Planning Commission shall follow the following procedures:
(1) The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Code.
(2) Meetings shall be held at the call of the Chair and at such other times as the Commission may determine.
(3) All meetings shall be open to the public, except that the Planning Commission shall be entitled to move into Executive Session for deliberations when acting in a quasi-judicial capacity or as otherwise authorized by Section 121.22 of the Ohio Revised Code.
(4) The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official action, all of which shall be a public record and be filed in the Village Offices.
(d) Duties of the Zoning Inspector. It is the intent of this Zoning Code that, except as specifically required otherwise by ordinance, all questions of interpretation and enforcement shall first be presented to the Zoning Inspector, and that such questions shall be presented to the Planning Commission only on appeal from a decision of the Zoning Inspector, and that recourse from the decisions of the Planning Commission shall be to the courts, as provided by law.
(e) Department Assistance. The Planning Commission may call upon the various departments of the Municipality for assistance in the performance of its duties and it shall be the duty of such departments to render assistance to the Planning Commission as may reasonably be required.
(f) Attendance at Meetings. A vacancy of the Planning Commission shall occur whenever any member misses or fails to be present at three consecutive regular meetings of the Planning Commission, or twenty-five percent (25%) of the total annual meetings in a year, unless such absences are excused by the Planning Commission or the Chair and the reason therefor entered in the Planning Commission minutes.
(Ord. 13-150. Passed 1-9-14.)
1101.02 APPEALS FROM DECISIONS OF THE ZONING INSPECTOR.
(a) Appeals to the Planning Commission concerning interpretation or administration of the Zoning Code may be taken by any person aggrieved including a tenant, or a governmental officer, department, board or bureau. Such appeal shall be taken within twenty days after the decision by filing, with the Zoning Inspector and with the Planning Commission, a notice of appeal specifying the ground upon which the appeal is being taken.
(b) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Planning Commission, after the filing of the notice of appeal, that by reason of facts stated in the application a stay would, in the opinion of the Zoning Inspector, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may, on due cause shown and after notice to the Zoning Inspector, be granted by the Planning Commission or by judicial proceedings.
(c) The Planning Commission shall hear any owner of property adjacent to the lot for which the granting of any zoning permit is pending and shall also hear any other parties having substantial interest as determined by the Planning Commission.
(d) The Planning Commission shall have the power to subpoena witnesses, administer oaths and punish for contempt and may require the production of documents, under such regulations as it may establish.
(e) The Planning Commission may, in conformity with the provisions of the Zoning Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Zoning Inspector from whom the appeal is taken.
(f) For all appeals taken to the Planning Commission, three members of the Planning Commission shall constitute a quorum. The Planning Commission shall act by motion and the concurring vote of three members of the Planning Commission shall be necessary to reverse any order or determination of the Zoning Inspector or to decide in favor of an applicant any matter of which the Board has original jurisdiction under the Zoning Code.
(Ord. 13-150. Passed 1-9-14.)
1101.03 APPEALS UNDER CHAPTER 1309.
(a) Appeals to the Planning Commission concerning interpretation or administration of the Exterior Property Maintenance Code may be taken by any person aggrieved, including a tenant, governmental officer, department, board or bureau. Such appeal shall be taken within 20 days after the decision by filing, with the Housing Inspector and with the Planning Commission, a notice of appeal specifying the grounds upon which the appeal is being taken.
(b) The application for a variance or an appeal shall contain the following information:
(1) Name, address and phone number of the applicant.
(2) Legal description of property as recorded in Geauga County Recorder's Office.
(3) Each notice of appeal shall refer to the specific provisions of the Exterior Property Maintenance Code which applies to the decision being appealed.
(4) The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Geauga County Auditor's current tax list.
(Ord. 08-117. Passed 9-4-08.)
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Housing Officer certifies to the Planning Commission after the notice of appeal shall have been filed, that a stay would, in the Housing Officer's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may, on due cause shown and after notice to the Housing Officer, be granted by the Planning Commission or by judicial proceedings.
(d) The Planning Commission may, in conformity with the provisions of the Codified Ordinances, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Housing Officer, from whom the appeal is taken.
(e) The Planning Commission shall decide all appeals within ten days after completion of the hearings thereon.
(f) All decisions of the Planning Commission on such appeals shall become effective when approved by a majority of the members of the Planning Commission. A certified copy of the Planning Commission's decision shall be binding upon the Housing Officer. After the Planning Commission determines the appeal, there shall be no further hearings upon such case.
(g) The Municipality and/or any party adversely effected by such decision may appeal to the Court of Common Pleas of Geauga County within the time and upon the grounds as prescribed by law.
(Ord. 08-117. Passed 9-4-08; Ord. 13-150. Passed 1-9-14.)
1101.04 VARIANCES.
(a) After being denied a zoning certificate by the Zoning Inspector, any person owning or having an interest in property may file an application to obtain a variance. An application for a zoning variance shall be filed in triplicate with the Zoning Inspector on a form as specified for that purpose. The Zoning Inspector shall forward a copy to the Planning Commission within ten days of said filing.
(b) The application for a zoning variance shall contain the following information:
(1) Name, address and phone number of the applicant.
(2) Legal description of property as recorded in Geauga County Recorder’s Office.
(3) The specific provisions of the Zoning Code which apply.
(4) The use for which the variance is sought.
(5) Details of the variance for which application is made and the grounds on which it is claimed that the variance should be granted.
(6) The specific reasons why the applicant believes the variance is justified.
(7) The names and addresses of all property owners within 200 feet, contiguous to and directly across the street from the property, as appearing on the Geauga County Auditor’s current tax list.
(c) The Planning Commission shall have the power to authorize only those variances from the provisions or requirements of the Zoning Code as will not be contrary to the public interest, but only in the case of exceptional conditions, involving irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby strict application of such provision or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land and buildings involved, but in no other case.
(d) Subject to the limitation specified by subsection (e) hereof, no variance from the strict application of any provision of the Zoning Code shall be granted by the Planning Commission unless it finds that all the following facts and conditions exist:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the Zoning Code in the neighborhood or district in which the property is located.
(2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) That such unnecessary hardship has not been created by the applicant.
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(e) In the specific case of an application for an “area variance” from the provisions or requirements of the Zoning Code only if the Planning Commission determines that “practical difficulties” exist, after considering and evaluating the following factors:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
(2) Whether the variance is substantial.
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
(4) Whether the variance would adversely affect the delivery of governmental services.
(5) Whether the property owner purchased the property with knowledge of the zoning restriction.
(6) Whether the property owner’s predicament feasibly can be obviated through some method other than a variance.
(7) Whether the spirit and intent behind the zoning requirements would be observed and substantial justice done by granting the variance.
(f) The Planning Commission shall act by motion and the concurring vote of three members of the Planning Commission shall be necessary to grant any variance from the requirements stipulated in the Zoning Ordinance.
(Ord. 13-150. Passed 1-9-14.)
1101.05 PUBLIC HEARING AND DECISIONS BY THE BOARD.
(a) Provided required notices can first be given, the Planning Commission shall hear all applications and appeals which were filed at least fourteen days in advance of its scheduled meeting. Applications and appeals filed less than fourteen days before the meeting shall be heard at the next regularly scheduled Planning Commission meeting following the fourteen-day period. For good and sufficient reason, the Planning Commission may waive this timing requirement. The Planning Commission may also schedule a special hearing date in order to expedite an application for an appeal or variance, provided that all notice and other procedural requirements of applicable law are met.
(b) The Planning Commission shall decide all applications and appeals within ten days after completion of the hearings thereon.
(c) All decisions of the Planning Commission shall be made by motion and shall be effective immediately unless determined otherwise by the Planning Commission. Any such decision shall be binding upon and observed by the Zoning Inspector. After the Planning Commission determines the application or appeal, there shall be no further hearings upon such case.
(d) The Village and/or any party adversely affected by a decision of the Planning Commission may appeal to the Court of Common Pleas of Geauga County within the time and upon the grounds as prescribed by law.
(Ord. 13-150. Passed 1-9-14.)
1101.06 NOTICE OF PUBLIC HEARING.
(a) The Planning Commission shall fix the time for the hearing and shall give notice thereof in a newspaper of general circulation in the Municipality at least ten days before the date of such hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed variance.
(b) Written notice of such hearing shall be mailed by the Fiscal Officer, by first class mail, at least ten days before the date of the hearing to all parties of interest. The notice shall contain the same information as required of the notice published in the newspaper and parties of interest shall include owners of property within 200 feet from, contiguous to, and directly across the street from the property being considered.
(c) A failure of delivery of notice to parties within 200 feet of the property being considered shall not invalidate the decision of the Planning Commission. However, if it is determined that the applicant failed to list a property owner within the 200 feet, and that owner was not notified, then the Planning Commission, in its discretion, may vote to vacate the decision and require the applicant to resubmit his or her application.
(d) At the hearing, any party may appear in person or by attorney.
(e) Upon the day for hearing any application, the Planning Commission may recess the hearing in order to permit additional information to be secured, or to cause such further notice as it deems proper to be served upon such other property owners as it decides may logically be concerned with such application or appeal.
(Ord. 13-150. Passed 1-9-14.)
1101.07 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting an appeal or variance, the Planning Commission may prescribe appropriate conditions and safeguards. When made a part of the terms under which the appeal or variance is granted, such conditions and safeguards shall be deemed a requirement of the Zoning Code and punishable thereunder. Under no circumstances shall the Planning Commission grant an appeal or variance to allow a use not permissible under the terms of the Zoning Code in the district involved, or any use expressly or by implication prohibited by the terms of the Zoning Code in such district. (Ord. 13-150. Passed 1-9-14.)
1101.08 PERFORMANCE STANDARDS PROCEDURE.
(a) Application. An application for a Zoning Certificate for a use subject to said performance requirements shall be submitted in duplicate on a form prescribed by the Planning Commission. The applicant shall also submit in duplicate a plan of the proposed construction or development, including a description of the proposed machinery, processes and products and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements as set forth in Section 1159.07 in accordance with rules prescribed by the Board specifying the type of information required in such plans and specifications. The fee for such application shall include the cost of the special reports that may be required to process it, as set forth in subsection (b) hereof.
(b) Report by Expert Consultants. If, in the opinion of the Planning Commission, the proposed use may cause the emission of dangerous or objectionable elements, the Planning Commission may refer for investigation and report, the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in Section 1159.07. Such consultant or consultants shall report as promptly as possible after receipt of such application. A copy of such report shall be promptly furnished to the applicant.
(c) Review by Planning Commission. Within thirty days after the Planning Commission has received the application, or the report if a report was required, or within such further period as agreed to by the applicant, the Planning Commission shall decide whether the proposed use will conform to the applicable performance standards and on such basis shall authorize or refuse to authorize issuance of a Zoning Certificate or require a modification of the proposed plan of construction or specifications, proposed equipment or operation. Any Zoning Certificate so authorized and issued shall be conditioned upon, among other things:
(1) The applicant’s completed buildings and installations conforming in operation to the applicable performance standards; and
(2) The applicant paying the fees for services of the expert consultants deemed reasonable and necessary by the Planning Commission to advise the Planning Commission as to whether or not the applicant’s completed buildings and installation in operation will meet the applicable performance standards.
(d) Continued Enforcement. The Zoning Inspector shall investigate any purported violation of performance standards and if there are reasonable grounds for the same, shall notify the Planning Commission of the occurrence or existence of a probable violation thereof. The Planning Commission shall investigate the alleged violation and for such investigation shall employ qualified experts. If after public hearing on due notice, the Planning Commission finds that a violation occurred or exists, a copy of such findings shall be forwarded to Council for review and appropriate legal action thereon. The services of any qualified experts employed by the Planning Commission to advise in establishing a violation shall be paid by the violator if such violation is established. If a violation is not established, the fee shall be paid by the Village.
(Ord. 13-150. Passed 1-9-14.)
1101.09 INTERPRETATION OF ZONING MAP.
Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Planning Commission, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of the Zoning Code. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning District Map may be made to the Planning Commission and the Planning Commission shall make such determination.
(Ord. 13-150. Passed 1-9-14.)
1103.01 DEFINITIONS.
For purposes of this chapter, the following terms shall have the meanings ascribed to them in this section, unless a different meaning is clearly indicated in the context:
(a) "Community Development Plan" or "Plan" means a plan, as it exists from time to time, for the renewal or redevelopment of all or a Deteriorated Area.
(b) "Deteriorated Area" means an area within the corporate limits of the Village containing a significant proportion of structures, either residential or nonresidential, that:
(1) By reason of deterioration, dilapidation, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, unsafe or unsanitary conditions, or the existence of conditions which endanger lives or properties by fire or other hazards and causes; or
(2) By reason of location in an area evidencing conditions of defective or inadequate street layout, faulty lot layout in relationship to size, adequacy, accessibility, or usefulness of the land, incompatible land uses or land use relationships, overcrowding of structures on the land, excessive dwelling unit density, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, or defective title; or
(3) By reason of the existence of any other conditions of deterioration or hazards to health and safety, in connection with a significant proportion of the structures or the area or by reason of any combination of the foregoing, is an area which substantially impairs or arrests the sound growth of the Village, retards the provision of housing accommodations, or constitutes an economic or social liability, and is detrimental to the public health, safety, morals or welfare in its present condition and use.
(c) "Project Area" means an area which Council designates to be of a character and size appropriate for community development activities and for which a Community Development Plan is proposed by Council or the Planning Commission.
(Ord. 91-118. Passed 6-3-91.)
(Ord. 91-118. Passed 6-3-91.)
1103.02 RESPONSIBILITIES OF MAYOR.
The Mayor of the Village is charged with supervising the community development activities of the Village officers, employees, commissions and boards concerned with such activities.
(Ord. 91-118. Passed 6-3-91.)
(Ord. 91-118. Passed 6-3-91.)
1103.03 RESPONSIBILITIES OF THE COMMUNITY DEVELOPMENT DIRECTOR.
The Village Community Development Director may prepare, or supervise and coordinate the preparation of surveys, reports or plans in connection with proposals for Community Development Plans. Subject to the approval of Council, the Community Development Director may enter into contracts for the employment of architects, urban planners, engineers or other professionals to assist in the preparation of such surveys, reports or plans.
(Ord. 91-118. Passed 6-3-91.)
(Ord. 91-118. Passed 6-3-91.)
1103.04 COMMUNITY DEVELOPMENT PLAN.
Any proposed Community Development Plan may include, but need not be limited to the following:
(a) A description of the boundaries of the Project Area;
(b) A land-use plan showing the location, character and extent of public and private land ownership and use proposed within the Project Area;
(c) A delineation of proposed areas of land acquisition, demolition or removal of structures, or rehabilitation, conservation or reconditioning of structures within the Project Area;
(d) A statement of the controls and use, development and building restrictions to be placed upon the property in the Project Area to prevent a recurrence of deteriorated conditions;
(e) A report showing any proposed changes to the Zoning Code or in the layout of streets or utilities.
(Ord. 91-118. Passed 6-3-91.)
1103.05 SUBMISSION TO THE PLANNING COMMISSION.
Copies of any proposed Community Development Plan shall be submitted to the Village Planning Commission for its review and recommendations. Thereafter, the Planning Commission shall submit its recommendations, along with copies of the proposed Community Development Plan, to Council, for its consideration and possible action.
(Ord. 91-118. Passed 6-3-91.)
1103.06 PUBLIC HEARING.
(a) Before approving a Community Development Plan, Council shall hold a public hearing on the Plan, which may be adjourned from time to time, at which all interested persons shall be provided an opportunity to be heard.
(b) Notice of the date, time, place and purpose of such hearing shall be given by publication at least once in a newspaper of general circulation in the Village at least fifteen days prior to the date of such hearing. This notice shall also contain a general description of the Project Area by its boundaries and shall also designate the place and times at which the Plan and materials describing the Project Area will be available for public inspection.
(Ord. 91-118. Passed 6-3-91.)
1103.07 ACTION OF COUNCIL.
After completion of the public hearing, Council may approve or reject the proposed Community Development Plan or make modifications and approve the modified Plan; provided, however, that any modifications which are substantively inconsistent with the prior Planning Commission recommendations shall be resubmitted to the Planning Commission for its review and recommendations before final Council approval.
(Ord. 91-118. Passed 6-3-91.)
1103.08 ACQUISITION OF PROPERTY.
Upon authorization by Council, the Village Solicitor shall take the steps necessary to acquire parcels of land in the Project Area in accordance with the Community Development Plan; provided that, in the event that appropriation of property is necessary, Council shall initiate and carry out the appropriation proceedings with the assistance of the appropriate officers, employees, boards and commission of the Village in accordance with Chapters 163 and 719 of the Ohio Revised Code.
(Ord. 91-118. Passed 6-3-91.)
1103.09 DISPOSITION OF PROPERTY.
Council may approve and authorize the disposition of any real property in accordance with and for the purpose of the Community Development Plan, by sale, lease or such other method of disposition as Council shall deem appropriate.
(Ord. 91-118. Passed 6-3-91.)
1103.10 TAX EXEMPTION.
The property of the Village, acquired or held for the purposes of this chapter on January 1, of any year, is declared to be public property used exclusively for essential public and governmental purposes and such property shall be exempt from all taxes of the Village, County, State or any taxing authority thereof; provided, however, that such tax exemption shall terminate when the Village sells, leases or otherwise disposes of such property in a Project Area to a purchaser or lessee which is not a person, corporation, partnership or other association entitled to tax exemption with respect to such property.
(Ord. 91-118. Passed 6-3-91.)
1105.01 ESTABLISHMENT.
The Community Reinvestment Area is established pursuant to Ohio R.C. 3735.65 to 3735.70, to assist and encourage community development in areas in the Village in which the Council wishes to encourage remodeling and new construction.
(Ord. 95-109. Passed 3-20-95.)
1105.02 BOUNDARIES AND MAP.
(a) The Community Reinvestment Area is established by the Village Council, consistent with the requirements of Ohio R.C. Chapter 3735.
(b) The Community Reinvestment Area, as established prior to October 16, 1997, is depicted as cross-hatched in red on the Community Reinvestment Area map.
(c) The expanded Community Reinvestment Area, as it exists on and after October 16, 1997, is depicted as cross-hatched in blue on the Community Reinvestment Area map.
(d) The Community Reinvestment Area Map, together with all explanatory matter thereon, is hereby adopted as part of this chapter, and shall be identified by the signature of the Mayor, attested by the Fiscal Officer and bear the official seal of the Mayor.
(Ord. 14-115. Passed 4-3-14.)
1105.03 HOUSING OFFICER.
(a) Council shall appoint a Housing Officer, who shall serve at the pleasure of Council. The Housing Officer shall administer all tax abatement requests made pursuant to this chapter.
(b) The Housing Officer shall verify all facts asserted in any application for tax abatement and shall also verify construction or remodeling for which abatement is sought and determine whether the construction or the cost of the remodeling meets the requirements for an exemption under this chapter and Ohio R.C. 3735.67.
(Ord. 14-115. Passed 4-3-14.)
1105.04 COMMUNITY REINVESTMENT AREA HOUSING COUNCIL.
(a) Pursuant to Ohio R.C. 3735.69(A), there is hereby created a Community Reinvestment Area Housing Council (the "Housing Council").
(b) The Housing Council shall consist of seven members, all of whom shall be residents of the Village, who shall be appointed as follows:
(1) The Mayor shall appoint two members;
(2) The Council shall appoint two members;
(3) The Planning Commission shall appoint one member;
(4) The majority of the members appointed pursuant to subsections (b)(1) through (b)(3) shall then appoint two additional members.
(c) Terms of the members of the Housing Council shall be for three years. An unexpired term resulting from a vacancy in the Housing Council shall be filled in the same manner as the initial appointment was made.
(Ord. 95-109. Passed 3-20-95.)
(d) The Housing Council shall make an annual inspection of the properties within the Community Reinvestment Area for which an exemption has been granted and shall also hear appeals prosecuted to Ohio R.C. 3735.70.
(Ord. 14-115. Passed 4-3-14.)
1105.05 APPLICATIONS.
(a) Applications for tax abatement shall be made to the Housing Officer, with a copy filed with the Fiscal Officer, and shall comply with and supply all information required by Ohio R.C. Chapter 3735, as it existed prior to July 1, 1994, the effective date of Senate Bill 19.
(b) Applicants for tax abatement shall pay an application fee upon filing, as follows:
(1) For residential new construction and remodeling: $50.00.
(2) For commercial new construction and remodeling: $100.00; and
(3) For industrial new construction and remodeling: $150.00.
(c) If the construction or remodeling meets the requirements for exemption, the Housing Officer shall forward the application to the County Auditor with a certification as to the particular division of Section 1105.06 under which an exemption is granted.
(d) All applicants for tax abatement shall comply with all applicable laws and regulations and shall obtain all required Village, County and State permits. Upon request of the Housing Officer, all applicants shall show proof of all necessary permits and inspections.
(Ord. 14-115. Passed 4-3-14.)
1105.06 ABATEMENTS.
Within the Community Reinvestment Area, tax abatements for improvements to real property, as described in Ohio R.C. 3735.67, will be granted for the following periods:
(a) For the remodeling of every dwelling containing no more than two family units, abatements shall be granted according to the following schedule as described and authorized in Ohio R.C. 3735.67(D)(1):
(1) Three years for improvements of $5,000 to $20,000;
(2) Six years for improvements of greater than $20,000.
(b) Subject to the provisions of Section 1105.06(d), for the remodeling of commercial or industrial properties, abatements shall be granted according to the following schedule as described and authorized in Ohio R.C. 3735.67(D)(2):
(1) Three years for improvements of $10,000 to $100,000; and
(2) Six years for improvements of greater than $100,000.
(c) Subject to the provisions of Section 1105.06(d), for the construction of every dwelling, commercial or industrial structure, abatements shall be granted according to the following schedule as described and authorized in Ohio R.C. 3735.67(D)(3):
(1) Five years for improvements of $200,000 to $1,000,000; and
(2) Ten years for improvements of greater than $1,000,000.
(d) The tax abatements described in Sections 1105.06(b) and 1105.06(c) shall be granted only to commercial and/or industrial activities which result in the creation or maintenance of employment opportunities in the Village of Middlefield. The Housing Officer shall process only those applications for commercial or industrial remodeling or construction which demonstrate compliance with this stated policy. This policy does not apply to the remodeling or construction of dwellings.
(Ord. 97-141. Passed 11-6-97.)