Middlefield City Zoning Code
TITLE FIVE
Zoning Administration
CHAPTER 1133 Board of Zoning Appeals
EDITOR’S NOTE: The Board of Zoning Appeals was abolished by Ordinance 13-150, effective January 9, 2013. Thereafter, all duties formerly assigned to the Board of Zoning Appeals were transferred to the Planning Commission. See Chapter 1101
of the Codified Ordinances.
1131.01 INTERPRETATION.
This Ordinance shall be known and shall be designated and cited as the “Zoning Ordinance of the Village of Middlefield, Ohio”. The same rules of construction, definitions and application that apply to the interpretation of the Ohio Revised Code shall apply to this Ordinance unless this Ordinance or other applicable law provides or requires otherwise. Interpretation of terms not included as part of this Ordinance shall be interpreted by use of an approved American Standard English dictionary,
1131.02 PURPOSE.
This Zoning Ordinance is adopted to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare by regulating and limiting the use of land areas and buildings and the erection, restoration and alteration of buildings and the use thereof for residential, business and industrial purposes; to regulate the area and dimensions of land, yards and open spaces so as to secure adequate light, air and safety from fire and other dangers; to lessen or avoid congestion in the public streets; to regulate and restrict the bulk, height, design, percent of lot occupancy and the location of buildings; to protect the character of the agricultural, residential, business, industrial, institutional and public areas and to assure their orderly and beneficial development; to provide for the orderly growth and development of lands, and for the purpose of dividing the Municipality into various districts.
1131.03 APPLICABILITY.
(a) The provisions of the Zoning Ordinance shall he considered as minimum requirements and shall be literally construed to further its purposes and objectives. They shall apply uniformly to each class or kind of building, structure or land.
(b) Nothing in this Ordinance shall he deemed or construed to repeal, amend, modify, alter, or change any other ordinance or law or parts of an ordinance or law unless such action is specified. In those cases where this Ordinance is more restrictive than such other ordinances or laws or parts thereof, then this Ordinance shall govern unless such action is prohibited by a higher legal authority.
(c) The regulations set forth in the Zoning Ordinance shall be applicable to all buildings, structures, uses and land of any political subdivision, except that these regulations shall not be applicable to the government of the Village of Middlefield itself.
1131.04 SEPARABILITY.
The invalidation of any clause, sentence, paragraph, or section of this Ordinance by a court of competent jurisdiction shall not affect the validity of the remainder of this Ordinance either in whole or in part.
1131.05 DEFINITIONS.
(a) For the purpose of the Zoning Ordinance, the following terms and uses shall have, throughout this text, the meaning given herein:
(1) Words used in the present tense include the future; the singular includes the plural, and the plural the singular; the word "shall" is mandatory; the word "may" is permissive; the word "Village" or "Municipality" means the Village of Middlefield, Ohio; the term "Commission" means the Planning Commission of the Municipality; the term "Council" means the Council of the Municipality; the term "person" includes a firm, association, organization, partnership, trust, company, or corporation.
(Ord. 13-150. Passed 1-9-14.)
(2) "Accessory Use" means either a subordinate use of a building, other structure or lot, or a subordinate building or other structure, excepting a garage:
A. Which use is clearly identical to the use of the principal building, other structure or use of land;
B. Which is customary in connection with the principal building, other structure or use of land; and
C. Which is located on the same lot with the principal building, other structure or use of land.
(Ord. 06-124. Passed 7-6-06.)
(3) "Adult entertainment business" means an adult book store, adult motion picture theater, or adult entertainment establishment as defined herein.
(4) "Adult book store" means an establishment which utilizes ten percent (10%) or more of its retail selling area for the purpose of retail sale or rental or for the purpose of display by coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomica1 areas" as defined herein, or an establishment with a segment or section devoted to the sale or display of such material.
(5) "Adult motion picture theater" means enclosed motion picture theater or motion picture drive-in theater which is regularly used or utilizes ten percent (10%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual acts. or "specified anatomical areas" as defined herein for observation by patrons.
(6) "Adult entertainment establishment" means any establishment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by employees, services or equipment or by personnel provided by the establishment or views a series of dance routines, strip performances or other gyrational choreography performed by topless dancers, go-go dancers, exotic dancers, strippers, or other similar entertainers provided by the establishment which appeal to the prurient interest of the patron.
(7) "Agriculture"means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry.
(8) "Alley" means a public right-of-way less than thirty (30) feet, but not less than twelve (12) feet in width, which affords only secondary means of access to abutting property.
(9) "Alteration" as applied to a building or structure, means a change or rearrangement in the structural parts or in the entrance or exit facilities or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another.
(10) "Amusement Arcade" means a place of business within a building or any part of a building in which more than three mechanical or electrically operated amusement devices are used for the purpose of public entertainment, by placing therein any coin, plate, disc, slug, key or token of value.
(Ord. 90-145. Passed 12-17-90.)
(11) "Amusement arcade operator" means the person, firm or corporation to whom the conditional use permit authorized herein has been issued.
(12) "Apartment" means a room or suite of rooms designed, arranged, and intended for, or occupied, as a residence by one family with facilities for cooking therein.
(13) "Apartment building" or "apartment house" means a building housing three (3) or more apartment units providing said units are the principal use of the building.
(14) “Automobile repair” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, as well as collision service, painting and steam cleaning of vehicles.
(15) “Automotive sales” means the sale or rental of new or used motor vehicles.
(16) “Basement” means a story of a structure having less than two-thirds (2/3) of its height above the average level of the adjacent ground.
(Ord. 97-109. Passed 4-17-97.)
(17) “Boarding house”, “lodging house”, or “rooming house” means a building or part thereof, other than a hotel or restaurant, where meals and/or lodging are provided for compensation, for three (3) or more persons (primarily non- transients) where no cooking or dining facilities are provided in individual rooms. No building may be used as a boarding house, lodging house or rooming house unless the owner of the building is also an occupant thereof.
(Ord. 97-109. Passed 4-17-97.)
(18) “Block” means all that part of one side of a street which is between two intersecting or intercepting streets or between an intersecting or intercepting street and a railroad right-of-way. (Ord. 85-107. Passed 3-4-85.)
(19) “Building” includes the word “Structure” unless otherwise noted and is a structure, permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines and used as a shelter or enclosure for person, animals and/or property. Temporary buildings are not permitted in any zoning district other than residential zoning districts unless specifically authorized by ordinance or by Council.
(Ord. 94-114. Passed 6-2-94.)
(20) “Building, front line of” means the line of that face or front of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not includes steps.
(21) “Building, height of “ means the vertical distance from the average grade surrounding the building to the highest point.
(22) “Building line” or “Setback line” means a line established by this Zoning Ordinance, generally parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground except as may be provided in this Code.
(23) “Building, principal” means the building in which is conducted the main or chief use of the lot on which such building is located.
(Ord. 85-107. Passed 3-4-85.)
(24) “Carnival” means the temporary installation of amusement rides, carnival games or food concessions, or any combination thereof, or any similar traveling enterprise offering amusements, whether or not there are charges for such services.
(Ord. 92-150. Passed 12-7-92.)
(25) “Charitable contribution” means a contribution to an organization engaged in charitable purposes.
(26) “Charitable organization” means any person/entity which has been determined to be a tax-exempt organization pursuant to Section 501(c) of the Internal Revenue Code and the Regulations promulgated thereunder, or which is established for any benevolent, philanthropic, humane, social welfare, public health, public education, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other person who protect the public safety. (Ord. 17-127. Passed 12-7-17.)
(27) “Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a physician or a group of physicians practicing medicine together.
(28) “Club” means a building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
(29) “Commons” means a parcel of land reserved primarily for the leisure and recreational use of all PUD residents and owned and maintained in common by them, generally though a homeowner's association.
(Ord. 85-107. Passed 3-4-85.)
(30) “Community-based residential social service facility” means a facility which:
A. Provides supervised room and board, and care in a residential setting to any unrelated persons who live together in such a setting as a single housekeeping unit and whose disabilities or status limit their ability to live independently, and only secondarily for training, rehabilitation, and nonclinical services.
B. Is:
1. A facility providing for a child or adolescent in the custody of a county welfare department, county children’s services board, or a private agency certified under Section 5103.03, Ohio Revised Code.
2. An adult facility licensed by the Ohio Department of Public Welfare under Sections 5103.30 to 5103.34, Ohio Revised Code.
3. A residential facility for the mentally retarded as defined in Section 5123.19, Ohio Revised Code.
4. A residential care facility for mentally ill persons that is licensed by the Ohio Department of Mental Health under Chapter 5122, Ohio Revised Code.
5. A facility or adjudged delinquents or status offenders licensed by the Ohio Department of Youth Services under Section 5139, Ohio Revised Code.
6. A facility that is licensed or certified as a drug treatment program under Section 3793.11, Ohio Revised Code.
7. A facility that is certified as an alcoholism program under Chapter 3720, Ohio Revised Code.
C. Community-Based Residential Social Service Facilities shall be classified into the following categories:
1. Category A Facility: A private residence servicing one (1) to three (3) persons who are cared for solely by the private individual or individuals owning the parcel on which the residence is located.
2. Category B Facility: A residential facility operated by any person, firm, corporation or public or private agency servicing one (1) to five (5) persons, except a facility which qualifies as a Category A Facility, as herein defined.
3. Category C Facility: A residential facility operated by any person, firm, corporation or public or private agency servicing six (6) to ten (10) persons.
4. Category D Facility: A residential facility operated by any person, firm, corporation or public or private agency servicing eleven (11) or more persons.
(Ord. 06-146. Passed 12-7-06.)
(30.1) “Computerized Sweepstakes Device” means a computer, machine, game or apparatus including an individual computer terminal screen which may be operated by the public generally for participation in a sweepstakes and which does not violate the Ohio Revised Code or municipal ordinance prohibitions upon gambling. No electronic or computerized sweepstakes device, game play or outcome shall have as a component thereof, or shall be operated or determined by, a random number generator (RNG) or compensating algorithm. The game play and outcome shall be determined by or from a finite pre-determined pool, with odds of winning stated in the sweepstakes “Official Game rules”.
(30.2) “Sweepstakes Terminal Café” and “Computerized Internet Sweepstakes Café” means the premises or the portion of the premises upon which computerized sweepstake devices are located for the use or entertainment of the public, whether or not such premises are operating under a zoning certificate for another use or business purpose.
(Ord. 11-107. Passed 5-12-11.)
(31) “Conditional use” means an uncommon or infrequent use which may be permitted in specific districts subject to the compliance with certain standards and explicit conditions and the granting of a conditional use certificate, as specified in Chapter 1135 of the Ordinance.
(32) “Condominium/ townhouse” means a multi-family structure consisting of three or more but not more than eight attached single-family dwelling units, each separated by an unpierced party wall, each single-family dwelling unit having a separate entrance from the outside and a semi-enclosed private rear yard area.
(33) “Depth of lot, piece or parcel” means the mean distance from the front street line of the lot, piece or parcel to the rear line.
(Ord. 87-124. Passed 7-20-87.)
(34) “Donation bin” (sometimes called “Clothing Donation Container”) is a receptacle or container made of metal, or other fire-resistant material designed or intended solely for the collection and temporary storage of donated clothing, shoes, books, recyclable cardboard or other salvageable personal property. (Ord. 17-127. Passed 12-7-17.)
(35) “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, enhancing the effect of or otherwise introducing into the human body a controlled substance as defined in Chapter 3719, Ohio Revised Code. It includes, but is not limited to:
A. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
B. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
C. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
D. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
E. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
F. Diluents and adulterants, such as quinine hydrochloride, mannitol, rannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.
G. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.
H. Blenders, bowls, containers, spoons, and mixing devices used, intended for use or designed for use in packaging small quantities of controlled substances.
I. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
J. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
K. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
L. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic, ceramic pipes with or without a screen, permanent screens, hashish heads or punctured metal bowls.
2. Water pipes.
3. Carburetion tubes and devices.
4. Smoking and carburetion masks.
5. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
6. Miniature cocaine spoons and cocaine vials.
7. Chamber pipes.
8. Carburetor pipes.
9. Electric pipes.
10. Air-driven pipes.
11. Chillums.
12. Bongs.
13. Ice pipes or chillers.
M. In determining whether an object is “drug paraphernalia”, in addition to all other logically relevant factors, the following may be considered:
1. Statements by an owner, or by any person in control, of the object concerning its use.
2. Prior conviction, if any, of an owner of the object, under any State statute or federal law relating to any controlled substance.
3. The proximity of the object to any controlled substance.
4. The existence of any residue of controlled substances on the object.
5. Direct or circumstantial evidence of the intent of the owner, or of any person in control, of the object to deliver it to persons whom he knows, or should reasonably know, intends to use the object to facilitate a violation of any state statute or federal law relating to any controlled substances.
6. Instructions, written or oral, provided with the object concerning its use.
7. Descriptive materials accompanying the object which explain or depict its use.
8. Any advertising concerning its use.
9. The manner in which the object is displayed for sale.
10. The existence and scope of legitimate uses for the object in the community.
11. Whether the owner, or any person in control, of the object is a supplier of similar or related items to the community for legal purposes such as an authorized distributor or dealer of tobacco products.
12. Direct or circumstantial evidence of the ratio of the sales of the object to the total sales of the business enterprise.
N. Expert testimony concerning its use.
(36) “Drug paraphernalia establishment” means any place, whether or not operated as a business, within a building, structure or dwelling, or any part thereof, of any parcel located within the Village where drug paraphernalia, as defined herein, is manufactured, distributed or offered for sale.
Drug paraphernalia establishments do not include manufacturers, practitioners, pharmacists, owners of pharmacies cr other persons who conduct a business or profession in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 and 4741.
(37) “Dwelling” means any building or portion thereof which is designed for or used for residential purposes.
A. “Dwelling, single-family” means a building designed for or occupied exclusively by one family.
B. “Dwelling, two-family or duplex” means a building designed for or occupied exclusively by two families living independently of each other with separate cooking facilities.
C. “Dwelling, multiple” means a building used or designed as residence for three or more families living independently of each other with separate cooking facilities, including apartment houses, garden apartments, flats and row or group houses.
(38) “Essential services” means the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings other than structures for the purpose of housing the essential services named herein or deemed to be similar to those named herein.
(39) “Family” means any one of the following when occupying a dwelling unit and maintaining a common household in which all members of such family have use and access to all parts of the dwelling unit:
A. One person and not more than two lodgers; or
B. Two or more persons related by blood, marriage or adoption and not more than two lodgers; or
C. Not more than four unrelated persons.
(40) “Fence” means a structure delineating the boundary of a property or a barrier to prevent entry or observation to a specifically delineated area with location, dimensions and construction as specified for particular conditions as set forth in this Ordinance.
(41) “Finished grade” means the elevation of the surface of the ground adjoining the building after construction of required parking areas or driveways and after the planting of lawn and shrubbery or other required improvements to open spaces.
(42) “Floor area” of a building means the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings. “Floor area” shall not include:
A. Basement space.
B. Elevator and stair bulkheads.
C. Attic space.
D. Terraces, breezeways and open porches.
E. Uncovered steps.
F. Garages.
(43) “Frontage” or “lot frontage” means that portion of the lot which directly abuts the street.
(44) “Front lot line” means the street right-of-way line of an interior lot, or, in the case of corner lots, the lot line upon which a building faces.
(Ord. 87-124. Passed 7-20-87.)
(45) “Garage, private” means a building designed or used for the storage of motor-driven vehicles owned and/or used by the occupants of the building. (Ord. 06-124. Passed 7-6-06.)
(46) “Garage, public” means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing for hire motor-driven vehicles.
(47) “Gasoline service station” means any building, structure or land used for dispensing, sale or offering for sale at retail of any vehicular fuels, oils or accessories, including lubrication of automobiles or other motor vehicles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement, body and fender repair or spray painting.
(Ord. 87-124. Passed 7-20-87.)
(48) “Glare” means the sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted, and which causes annoyance, discomfort or loss in visual performance and visibility.
(49) “Glare, direct” or “Direct Glare” is the glare resulting from the human eye being able to see the light-emitting proportion of a light fixture.
(Ord. 00-124. Passed 9-21-00.)
(50) “Home occupation or home profession” means an occupation or a profession which:
A. Is customarily carried on in a dwelling unit.
B. Is carried on by a member or members of the family residing in the dwelling unit; and
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
Which conforms to the following additional conditions:
1. The occupation or profession shall be carried on wholly within the principal building.
2. Not more than one person who is not a member of the resident family shall be employed in the "home occupation" or "home profession”.
3. There shall be no exterior display; no exterior sign, except as permitted in the district regulations; no exterior indication of the home occupation or home profession or other variation from the residential character of the principal building.
4. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified for use in Section 1157.04 of this Ordinance.
5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single- family residence.
(51) “Hospital” means any building or other structure containing beds for at least four patients allowing for overnight or continuous care, diagnosis and treatment of human ailments.
(52) “Hotel” means a building in which lodging or boarding and lodging are provided and offered to the public for compensation. It is open to the public in contradistinction to a boarding house, a lodging house or an apartment, which are separately defined herein.
(Ord. 85-107. Passed 3-4-85.)
(53) “Industrialized unit”, as used in Ohio R.C. 3781.10 and 3791.07, means an assembly of materials or products comprising all or part of a total structure which, when constructed, is self sufficient or substantially self- sufficient, and when installed constitutes the structure or part of a structure, except for preparation for its placement and constructed in accordance with the Ohio Basic Building Code.
(Ord. 87-124. Passed 7-20-87.)
(54) “Institution” means a building occupied by a non-profit corporation or a non-profit establishment for public use.
(55) “Junk or auto wrecking yard” means land used to dismantle or wreck more than one motor vehicle or trailer, or land used to store, sell or dump partly dismantled, obsolete or wrecked vehicles or their parts, second hand materials, chattels, junk, waste paper, containers or other salvage.
(56) “Loading space” is a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks.
(57) “Lot” means a division of land separated from other divisions for the purposes of sale, lease, or separate use, described on a recorded subdivision plat, recorded survey map or by metes and bounds. Said division of land shall be of sufficient size to meet the minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.
A. “Lot, corner” means any lot at the junction of and abutting on two or more intersecting streets, where the angle of intersection is not more than 135 degrees.
B. “Lot line” means the boundary of a lot separating it from adjoining land, public or private, or the dividing line between lots, pieces or parcels of land.
C. “Lot of record” means any lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Geauga County.
D. “Lot, minimum area of” means the area of a lot computed exclusive of any portion of the right-of-way or any public thoroughfare.
E. “Lot, minimum frontage of” is the width of a lot at the front lot line measured at right angles to its depth.
F. “Lot width” is the width of a lot at the building setback line measured at right angles to its depth.
(58) “Manufactured home” means any dwelling built in a factory or other off- site facility rather than at the site, which is designed and constructed for transportation to a site for use as a dwelling when it is connected to the required utilities, which may be an independent, individual dwelling unit, or a module for combination with other elements to form one or more dwelling units at the site, and includes all types of manufactured housing such as prefabricated, kit, modular, mobile and industrialized housing. Manufactured housing shall be classified and further defined as follows:
A. “Manufactured housing - single-family home” means a manufactured housing unit that is built in a factory, or other off-site facility, that is constructed or carried on a temporary removable chassis that is only used for transportation of the housing unit to a site or lot for final, permanent installation as a long-term single- family dwelling.
B. “Manufactured housing - two-family home” means two manufactured housing units that are built in a factory, or other off- site facility, that are constructed, or carried, either individually or in modules, on a temporarily removable chassis that is only used for transportation of the housing units to a site or lot for final assembly, installation, erection or joining as long-term, permanent two-family dwellings.
C. “Manufactured housing - mobile home” means a movable manufactured single-family housing unit that is constructed in one or more segments, and has as part of its permanent construction a chassis with two or more metal I-beams as part of the unit's main frame, and is built with axles and wheels as part of the unit's overall design for mobility. A manufactured housing - mobile home is considered to remain a mobile home regardless of any modifications to the unit, or the attachment of the mobile home to a permanent or temporary foundation, or to another structure.
(59) “Manufacturing” means any production or industrial process, including food processing, which combines one or more raw materials or components into a product or which changes the nature of the materials entering the process.
(Ord. 87-124. Passed 7-20-87.)
(60) “Medical Marijuana” has the same meaning as defined in Section 3796.01(A)(2) of the Revised Code and as used in Chapter 3796 of the Revised Code and the Regulations promulgated thereunder.
(61) “Medical Marijuana Cultivator” has the same meaning as used in Section 3796.02 of the Revised Code and as used in Chapter 3796 of the Revised Code and the Regulations promulgated thereunder.
(62) “Medical Marijuana Processor” has the same meaning as used in Section 3796.02 of the Revised Code and as used in Chapter 3796 of the Revised Code and the Regulations promulgated thereunder.
(Ord. 17-118. Passed 7-13-17.)
(63) “Mechanical or electrically operated amusement device” means any machine, device or instrument which by the payment of a fee or other things of value, or by the insertion of a coin, plate, disc, slug, key or token operates or may be operated as a game, contest or amusement, of any description, or which may be used for any such game, contest or amusement, and which contains no automatic pay-off device for the return of money, coins, tokens or merchandise or check redeemable in money or anything of value. Mechanical or electrically operated amusement device includes but is not limited to devices such as mechanical baseball, mechanical football, pinball machines, any table game or device commonly known as electronic game and other similar types of devices provided, however, that this definition is not intended to nor shall it be construed to include merchandise vending machines or coin operated mechanical or electrical musical instruments or devices.
(Ord. 87-124. Passed 7-20-87.)
(64) “Motor home”, “travel trailer” or “recreational vehicle” means a vehicle either self propelled or able to be drawn by a separate motor vehicle and designed to be used as a temporary dwelling for travel, recreational, and vacation uses.
(65) “More restrictive” refers to nonconforming uses and more specifically to the changing of a use to more nearly conform to the permitted uses, thus increasing the requirements such as side yards, etc., or generally increasing the compatibility of a nonconforming use to the requirements of the district in which it is located.
(66) “Motel” means a group of buildings containing guest rooms which are designed primarily for the accommodation of travelers.
(67) “Natural grade” means the elevation of the undisturbed natural surface of any lot, piece or parcel of land.
(68) “Nonconforming building” or “nonconforming use” means a building or use lawfully existing at the time this Zoning Ordinance becomes effective which does not conform to the regulations of the district or zone in which it is located.
(69) “Nursing home” means an establishment where persons are housed or lodged and furnished with meals and nursing or convalescent care for hire.
(70) “Off-street parking space” means any parking space located wholly off any street, service street or sidewalk, either in an enclosed building or on an open lot.
(71) “Open space” means an area substantially open to the sky which may include along with the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the Planning and Zoning Commission deems permissive.
(72) “Parking area” or “parking lot” means an open area other than a street, drive, or alley used or intended to be used for the standing or parking of motor vehicles with or without fee.
(73) “Personal services” means any enterprise, conducted for gain, which primarily offer services to the general public such as shoe repair, valet services, watch repairing, barber shops, beauty parlors and related activities.
(74) “Planned unit development” means an area of land in which a variety of housing types are permitted and other specified uses are conditionally permitted in a preplanned environment.
(75) “Professional activities” means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers .
(76) “Public land” means a parcel of land dedicated to the Village and operated and maintained by it.
(77) “Public uses” means public parks, schools, administrative and cultural buildings and structures.
(78) “Recreational facilities” means public or private uses such as country clubs, riding stables, golf courses, and other area maintained for the purpose of providing active and passive recreation.
(79) “Residence” means a building designed, arranged, used or intended to be used as a family dwelling.
(80) “Retail business” means any business normally found in any type of business district, where goods or services are offered for sale in small quantities directly to the consumer.
(81) “Roadside stand” means a removable structure used or intended to be used solely for the sale of products produced on the premises.
(82) “Semi-public uses” means any church, Sunday school, parochial school, college, hospital or other institutions of an education, religious, charitable or philanthropic nature.
(83) “Sewage disposal system, public” means an approved system which provides for the combined collection through a system of lateral, main or trunk sewers and disposal at a common treatment plant of residential, commercial and/or industrial sewage.
(84) “Sewage disposal system, individual” means an on-lot system which provides for the individual collection and disposal of sewage.
(85) “Similar use” means a use not specifically listed in any of the permitted building or use classifications of any district, but which may be found analogous and added to a classification by amendment according to the procedures specified in Section 1153.07.
(86) “Site host” is the owner or lawful occupant (or their respective representatives) of the property upon or at which of a collection bin is located. (Ord. 17-127. Passed 12-7-17.)
(87) “Sign” means any device for visual communication which is designed, intended, or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product.
NOTE: Specific sign use and structural types are defined in Section 1165.02.
(88) “Specialized animal raising and care” includes the use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets; the stabling and care of horses; animal kennels; pigeon raising and the raising of any other domestic animals or birds of a similar nature, but nothing in the Zoning Ordinance shall prohibit the keeping of domestic pets on any property in any district in accordance with the statutes of the State.
(89) “Specified sexual activities” is defined as human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy or any act of beastiality; and fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
(90) “Specified anatomical areas” is defined as less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola, and human male genitals in a discernible turgid state, even if completely and opaquely covered.
(91) “Story” means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
(Ord. 85-107. Passed 3-4-85.)
(92) “Street”, “thoroughfare” or “road” means a public way for the purpose of vehicular travel including the entire area within the rights of way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Subject to the provisions of Section 1140.06(n), the requirements of the Codified Ordinances for public streets (except street construction standards) shall also apply to any private drive which serves a development in an R-3 or R-PUD zoning district. Streets shall be classified and further defined as follows:
(Ord. 95-140. Passed 12-7-95.)
A. “Alley” means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. “Arterial street” means a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
C. “Collector street” means a thoroughfare, whether in a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principle entrance and circulation routes within residential subdivisions.
D. “Cul-de-sac” means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
E. “Dead-end street” means a street temporarily having only one (1) outlet for vehicular traffic.
F. “Local street” means a street primarily for providing access to residential or other abutting property.
G. “Marginal access street” means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.
(93) “Street line or right-of-way line” means a dividing line between a lot, piece, parcel or tract of land on a contiguous street.
(Ord. 85-107. Passed 3-4-85.)
(94) “Structure” means anything which is constructed including buildings, outdoor seating facilities, outdoor theaters, swimming pools, platforms, tents, towers, bridges, fences, barriers, poles, roadside signs, and tanks above or below ground. “Structure” shall also mean the supporting frame work of a building. Temporary structures are not permitted in any zoning district other than residential zoning districts unless specifically authorized by ordinance or by Council. For purposes of calculating lot coverage pursuant to Section 1155.01, “structure” does not include areas of a lot which are paved solely for purposes of parking.
(Ord. 13-102. Passed 4-4-13.)
(95) “Tavern” means a building where alcoholic beverages, permitted by local or state law, and food are sold to be consumed on the premises. (Synonymous terms: Cafe, cocktail lounge and inn.)
(96) “Tourist home” means a building other than a hotel or motel where lodging is provided and offered to the public for compensation and open to transient guests.
(97) “Trailer” means any vehicle without motive power designed or used for carrying property wholly on its own structure and designed to be drawn by a motor vehicle.
(98) “Use” means the purpose for which a building is arranged, designed, or intended, or for which either land, lot, piece or parcel thereof or a building located thereon is or may be occupied or maintained.
(99) “Variance” means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(Ord. 85-107. Passed 3-4-85.)
(100) “Wall Mural Sign” or “Wall Mural” means a sign painted or applied to an exterior wall of a building and used for artistic purposes which does not contain any advertising of products or services. Wall Mural Signs are permitted only as conditional uses pursuant to Chapters 1135 and 1165 of the Codified Ordinances.
(Ord. 13-149. Passed 1-9-14.)
(101) “Yard” means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure.
A. “Yard, Front”, in reference to buildings, means the area across the full width of the lot, piece or parcel between the building or setback line and the street right of way. In a development in an R-3 or R- PUD District, the term shall also mean the area across the full width of the lot, piece or parcel between the building or setback line and the nearest edge of pavement of any private drive serving the development, unless the Planning Commission, in its discretion, determines that application of this requirement is not in the best interest of the Village for a particular such development.
(Ord. 95-140. Passed 12-7-95; Ord. 13-149. Passed 1-9-14.)
B. “Yard, rear” means the area across the full width of the lot, piece or parcel, and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof.
C. “Yard, side” means the area between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereto.
(Ord. 85-107. Passed 3-4-85; Ord. 13-149. Passed 1-9-14.)
(102) “Youth recreation center” means a building or portion of a building whose primary function is the entertainment of persons who are under twenty-one years of age, and which provides such entertainment by offering table and board games, music, dancing and such other related items as may afford appropriate youth recreation. A Youth Recreation Center may contain an Amusement Arcade, as defined in this section, but only if the property separately complies with the specific conditions set forth in Section 1135.04 relating to Amusement Arcades.
(Ord. 93-103. Passed 3-1-93; Ord. 13-149. Passed 1-9-14.)
(103) “Zoning Certificate” or “Zoning Permit” means the document issued by the Zoning Inspector authorizing the use of land or buildings in accordance with the provisions of the Zoning Ordinance.
(104) “Zoning district map” or “Zoning map” means the map or sectional maps of the Municipality, which graphically illustrate the boundaries of the various zoning districts.
(105) “Zoning Inspector” means the enforcement officer of the Municipality, appointed by the Mayor subject to the approval of Council who is charged with the duty of enforcing the provisions of the Zoning Ordinance.
(A.O.; Ord. 13-149. Passed 1-9-14.)
1135.01 AUTHORIZATION AND INTENT.
Specifically listed Conditional Uses are provided within the Zoning District regulations in recognition that such uses, although often desirable, will more intensely effect the surrounding area in which they are located than the Principal Permitted Uses of such Zoning District. The intent of the procedure for authorizing a Conditional Use is to set forth the standards and criteria for locating and developing a Conditional Use in accordance with the nature of the surrounding area, conditions of development, and with regard to appropriate plans.
1135.02 APPLICATION FOR CONDITIONAL USE.
Any person owning or having an interest in property may file an application to use such property for one or more of the Conditional Uses provided for by this Zoning Code Ordinance in the zoning district in which the property is situated. An application for a Conditional Use Certificate shall be filed in triplicate with the Zoning Inspector who shall forward within ten (10) days a copy to the Planning Commission. At a minimum the application shall contain the following information:
(a) Name, address, and phone number of applicant;
(b) Legal description of the property as recorded in the Geauga County Recorder's Office;
(c) Description of existing use;
(d) Present zoning district;
(e) Description of proposed conditional use including whether the application is for a temporary building.
(f) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic circulation, open spaces, landscaping, refuse, and service areas, utilities, signs, yards, and such other information as the Planning Commission may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Code Ordinance.
(g) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district.
(h) 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.
(i) Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the deliberations of the Planning Commission.
(Ord. 08-118. Passed 9-4-08; Ord. 13-150. Passed 1-9-14.)
1135.03 GENERAL STANDARDS FOR CONDITIONAL USES.
The Planning Commission shall not grant a Conditional Use Certificate unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it, that support conclusions that such use at the proposed location:
(Ord. 08-118. Passed 9-4-08.)
(a) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village's Zoning Ordinance;
(b) Will be designed, constructed, operated, and maintained so as to be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
(c) Will not be hazardous or disturbing to existing or future neighboring uses;
(d) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
(e) 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;
(f) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;
(g) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads; and
(h) Will not result in the destruction, loss, or damage of an important natural, scenic, or historic property or feature.
1135.04 SUPPLEMENTARY CONDITIONS.
(a) In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Ordinance.
(Ord. 92-150. Passed 12-7-92; Ord. 13-150. Passed 1-9-14.)
(b) A conditional use certificate for a temporary building shall not exceed eighteen months. One renewal request may be granted for a period not to exceed twelve additional
months after expiration of the initial conditional use permit.
(c) No Adult Entertainment Business shall be established within:
(1) 660 feet of another such business; or
(2) 1,320 feet of any church, public or private preschool, elementary, middle, or secondary school, park, playground; or
(3) 800 feet of any areas zoned for residential use. Distances shall be measured as the shortest straight line distance between the nearest lot lines.
(d) Amusement Arcades shall be subject to the following specific conditions:
(1) Amusement arcades shall have an adult who is eighteen (18) years of age or over on the premises and supervising the amusement arcade at all times during its hours of operation.
(2) Amusement arcades shall have necessary security personnel as required by the appropriate law enforcement agency to police the interior and exterior of the premises.
(3) The interior of the amusement arcades shall provide minimum area per coin-operated amusement device equal to the size of the device plus one and a half (1-1/2) feet of area on each side plus an area of four (4) feet in front of the device.
(4) Prior to the issuance of a conditional use permit the applicant shall provide evidence that the structure meets the minimum requirements of the appropriate electrical code.
(5) Prior to the issuance of a conditional use permit an exterior lighting plan, if such facility is a free standing building, shall be approved.
(6) No person under the age of twelve (12) years shall at any time be permitted on the premises of any amusement arcade unless accompanied by an adult.
(7) It shall be the obligation of the amusement arcade operator to maintain peace and quiet in and about the premises. Failure to maintain the peace and quiet shall constitute a nuisance which shall be subject to revocation of the conditional use permit.
(Ord. 92-150. Passed 12-7-92.)
(Ord. 92-150. Passed 12-7-92.)
(e) Community-Based Residential Social Services Facilities (Category A, Category B, Category C and Category D) shall be subject to the following specific conditions:
(1) Applicants must show that the proposed facility will require no special off-street parking facilities, and will generate no traffic unreasonable greater in volume or different in nature than what otherwise normally occurs in the neighborhood in which it is located. One off-street parking space per tenant shall be provided.
(2) Such facilities shall be reasonably accessible, by reason of location or transportation provided by the applicant, to necessary medical, psychiatric, recreational, and/or other services required by the residents.
(3) The exterior of all such facilities shall be compatible with other residential dwellings in the immediate neighborhood and shall maintain the same degree of compatibility. An improvement required by Code of applicable licensing requirement shall not be deemed incompatible because surrounding buildings lack such facilities.
(4) No signs shall be erected by such facility for purposes of identification of this facility except for street address identification.
(5) Such facilities in single-family residential structures shall utilize no more than thirty-five percent (35%) of the net floor area of the living quarters for sleeping area. Such facilities in multi-family residential structures shall utilize no more than forty-five percent (45%) of the net floor area of the living quarters for a sleeping area. The sleeping area in single- family and multi-family residential structure shall exclude halls, corridors, stairways, closets, bathrooms and all other areas not used for sleeping.
(6) For purposes of this Section, the "net floor area of the living quarters" includes the entire gross floor area of the principle structure on the lot, except for halls, corridors, stairways, closets, and all other areas used primarily for heating, plumbing, or air conditioning equipment, and storage of property, (including vehicles).
(7) The maximum number of unrelated persons that may occupy any such facility shall be limited to the number of bedrooms located in the dwelling unit. For purposes of this Section, each "bedroom" shall meet the following minimum requirements:
A. Have a full bathroom directly attached or abut a hallway leading to a full bathroom on the same floor that is accessible without passing through another room;
B. Be a minimum of eighty (80) square feet in area with no dimension being less than eight (8) feet;
C. Contain a built-in closet; and
D. Have a minimum of two (2) means of egress.
For purposes of this Section, a "full bathroom" shall mean a bathroom with a toilet, sink, shower and/or bathtub. Bedrooms in basements or otherwise below grade are prohibited in all categories of Community Based Residential Social Service Facilities.
(8) If the residents of the facility require care and attention of a caregiver who must be on-site on a twenty-four hour basis, the number of bedrooms in the facility must include a separate bedroom to house such caregiver, regardless of the number of persons being cared for in the facility.
(9) The facility shall not contain any culinary facilities (such as cooking units, stoves, hot plates, toasters, microwave ovens, dish and pot cleaning equipment or sinks, dishwashers, food preservation equipment, refrigerators, freezers, or waste disposal equipment) other than that contained within the facility's kitchen area.
(10) Prior to the Conditional Use Permit Hearing, the Applicant shall submit the plans for the facility to the Village's Fire Prevention Officer, and shall present to the Planning Commission the Fire Prevention Officer's approval of those plans at the hearing.
(11) If licensure of the facility is required, the Applicant shall present evidence of any such license to the Planning Commission at the Conditional Use Permit hearing.
(12) If the Planning Commission issues a Conditional Use Permit ("CUP"), that CUP shall be conditioned upon the facility first passing an inspection, conducted by the Village Zoning Inspector, documenting that the facility meets all conditions specified by the CUP. The Zoning Inspector shall not issue the final CUP or any Occupancy Permit for the facility unless and until all such conditions have been met and verified.
(13) The Zoning Inspector shall inspect the facility every twelve (12) months following the issuance of the Conditional Use Permit to verify that all conditions required by the CUP continue to be met. Failure by the owner or occupants of the premises to reasonably cooperate in such inspections, or failure of the facility to continue to comply with conditions specified by the CUP, shall be grounds for revocation of the CUP. (Ord. 21-122. Passed 6-18-21.)
(f) Service station storage of wrecked or inoperable vehicles shall be stored or screened from public view.
(g) Carnivals shall be subject to the following specific conditions:
(1) No conditional use permit for a carnival shall be issued for a period exceeding fourteen days.
(2) Any conditional use permit for a carnival shall state the maximum number of amusement rides, the maximum number of carnival games and the maximum number of concessions allowed.
(3) The conditional use permit shall establish the operating hours of the carnival. Such operating hours shall not extend beyond 11:00 p.m. Sunday through Thursday or beyond midnight on Friday or Saturday.
(4) The organization sponsoring the carnival shall obtain a liability insurance policy, with liability limits of not less than two million dollars ($2,000,000) and shall have the Village named as an additional insured on the policy. A document evidencing this insurance and the Village's status as an additional insured shall be presented to the Village Administrator prior to the time any amusement ride, carnival game or food concession is erected. Failure to timely provide such insurance and evidence thereof shall automatically result in the revocation of the conditional use permit.
(Ord. 92-150. Passed 12-7-92.)
(5) The Planning Commission may require the sponsor of the carnival to pay the Village for any additional costs to be incurred by the Village as a result of the carnival. (Ord. 08-118. Passed 9-4-08.)
(6) The sponsor of the carnival shall coordinate all activities of the carnival with the Mayor, the Village Administrator and the Village Chief of Police.
(7) The sponsor of the carnival shall comply with all other provisions of the Codified Ordinances and State law including, but not limited to, requirements regarding licensing and inspection of amusement rides and carnival games and the obtaining of permits for food concessions.
(8) Violation of the Codified Ordinances or of State law shall be grounds for automatic revocation of the conditional use permit.
(Ord. 92-150. Passed 12-7-92. )
(h) Youth Recreation Centers shall be subject to the following conditions:
(1) A Youth Recreation Center shall have an adult who is twenty-one years of age or older on the premises and supervising the recreation center at all times during its hours of operation.
(2) Each Youth Recreation Center shall employ any necessary security personnel, as determined, in his discretion, by the Village Police Chief, to supervise the interior and exterior of the premises.
(Ord. 93-103. Passed 3-1-93.)
(3) Before the Planning Commission may issue any conditional use permit for a Youth Recreation Center, the applicant shall provide evidence demonstrating that the structure meets the minimum requirements of the appropriate electrical and building codes.
(Ord. 13-150. Passed 1-9-14.)
(4) No person under the age of twelve years shall at any time be permitted on the premises of any Youth Recreation Center unless accompanied by an adult. (Ord. 93-103. Passed 3-1-93.)
(5) The Planning Commission may prescribe further conditions and safeguards for any Youth Recreation Center, including days and hours of operation, parking requirements, exterior lighting requirements and any other matters deemed appropriate by the Planning Commission.
(Ord. 08-118. Passed 9-4-08.)
(6) It shall be the obligation of the Youth Recreation Center operator to maintain peace and quiet in and immediately outside the premises. Failure to maintain the peace and quiet shall constitute a nuisance which may result in revocation of the conditional use permit.
(Ord. 93-103. Passed 3-1-93.)
(7) In issuing a permit for a Youth Recreation Center, the Planning Commission may (but is not required to) limit the duration of the permit to a period of one year, after which time the conditional use permit shall expire unless the permit holder first obtains an extension of the permit from the Planning Commission and complies with all other requirements of this section.
(Ord. 08-118. Passed 9-4-08.)
(i) Indoor Archery Ranges shall be subject to the following conditions:
(1) Activities shall be limited to use of the facility for archery target practice. No sales of any merchandise shall occur within the Indoor Archery Range.
(2) The Indoor Archery Range shall be limited to a maximum of 20 targets (which may include “video” targets) and which shall be placed in a manner which ensures the safety of all customers and employees. All targets shall be supplied by the owner of the Indoor Archery Range.
(3) Beverage or food sales shall be permitted only as specifically authorized in the conditional use permit.
(4) Sales or rentals of equipment or merchandise shall be permitted only as specifically authorized in the conditional use permit.
(5) The Indoor Archery Range shall have an adult who is 21 years of age or older on the premises and supervising the facility at all times during its hours of operation.
(6) Before a conditional use permit is issued, the applicant shall provide evidence demonstrating that the structure meets the minimum requirements of the appropriate electrical and building codes.
(Ord. 96-179. Passed 1-2-97.)
(7) The Planning Commission may prescribe further conditions and safeguards, including days and hours of operation, parking requirements, exterior lighting requirements, and any other matters deemed appropriate by the Planning Commission.
(Ord. 08-118. Passed 9-4-08.)
(8) It shall be the obligation of the Indoor Archery Range operator to maintain peace and quiet in and immediately outside the premises. Failure to maintain the peace and quiet shall constitute a nuisance which may result in revocation of the conditional use permit.
(Ord. 96-179. Passed 1-2-97.)
(j) Computerized Internet Sweepstakes Café shall be subject to the following conditions:
(1) The Planning Commission shall consider the impact that the use will have on the adjacent properties, such as lighting, noise, signs, traffic parking.
(2) All activities associated with the use shall be conducted in an enclosed building.
(3) The area of the premises upon which the Computerized Internet Sweepstakes Café is operated shall comply with the Codified Ordinances of the Village of Middlefield’s regualtions of computerized internet sweepstakes cafes.
(4) All computerized sweepstakes devices on the premises shall be identified in the application by a manufacturer and serial number and listed in the approved zoning certificate.
(5) A. The premises shall be located more than 250 feet from a church, a public or private school, public park or playground, child care center or neighborhood center. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a computerized internet sweepstakes café is conducted to the nearest property line of the premises of a church, a public or private school, social services facility or neighborhood center, or to the nearest boundary of a public park or playground.
B. The use shall be located more than 300 feet from the closest boundary of a residential district within the Village, the lot line of a residential use or any structure that contains a residence, or the closest boundary of a residential district or use in a political subdivision abutting the Village. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a computerized internet sweepstakes café is conducted to the nearest property line of a residential use or lot which contains a residence, or to the nearest boundary of a residential district.
C. The proposed use shall be located more than 1,000 feet from another licensed computerized internet sweepstakes café. The distance shall be measured in a straight line, without regard to intervening structures or objects, from the closest external wall of the building or structure in which each computerized internet sweepstakes café is located.
(Ord. 11-107. Passed 5-12-11.)
(Ord. 11-107. Passed 5-12-11.)
(k) If the Planning Commission affirmatively determines that a use authorized as a permitted use in the Central Business District under Section 1153.05(a) meets the requirements of Section 1135.03 the Planning Commission may grant a conditional use permit authorizing such use at a specific location in the I-O Industrial Office District, subject to the following conditions: (Ord. 08-118. Passed 9-4-08.)
(1) Before a conditional use permit is issued, the applicant shall provide evidence demonstrating that the structure meets the minimum requirements of the appropriate electrical and building codes.
(Ord. 96-157. Passed 11-21-96.)
(2) The Planning Commission shall consider and may prescribe further conditions and safeguards, including days and hours of operation, parking requirements, exterior lighting requirements, and any other matters deemed appropriate by the Planning Commission.
(Ord. 08-118. Passed 9-4-08.)
(3) In the event that the proposed conditional use involves construction of any structure or alteration to any structure, such conditional use shall not be authorized unless and until the applicant has undergone site plan review as provided by Section 1140.06 and the applicant has agreed to comply with the site plan recommendations of the Planning Commission.
(Ord. 96-157. Passed 11-21-96.)
(k) Wall Mural Signs and Wall Murals shall be subject to the following conditions:
(1) Wall Mural Signs shall be permitted only in cases where innovative design is demonstrated, as determined by the Board.
(2) Materials used for the sign shall be of such a nature as to insure durability and easy repair/maintenance of the Wall Mural Sign.
(3) Wall Mural Signs shall be permitted only where the sign will serve to improve the aesthetics of the building face on which the sign is located, and of the general area in which the building is located.
(4) The owner of the building on which the wall mural sign is painted or applied shall be responsible for maintaining the appearance of the wall mural sign.
(5) Failure of the building owner to maintain the wall mural sign shall be grounds for revocation of the Conditional Use permit.
(l) The Planning Commission, in its discretion, may allow a specific Temporary Seasonal Use as a Conditional Use in the GC General Commercial zoning district, subject to the following conditions:
(1) The Conditional Use Permit shall specify the location of the Temporary Seasonal Use, and shall describe with specificity the size and location of all structures to be used.
(2) The Conditional Use Permit shall specify the parking to be utilized by the Temporary Seasonal Use.
(3) The application for a Temporary Seasonal Use permit shall provide information regarding the existing parking and its compliance with current zoning ordinances, and shall identify how much of that parking, if any, is to be converted to the Temporary Seasonal Use. In the event that insufficient parking will exist for the Temporary Seasonal Use and any other uses on the lot, the Planning Commission shall consider whether to grant a temporary parking variance for the duration of the Temporary Seasonal Use.
(4) The Conditional Use Permit shall specify the method for obtaining sewer and water service and any required public utilities.
(5) The Conditional Use Permit shall specify and provide for the location of public restrooms to be used by the Temporary Seasonal Use.
(6) The Conditional Use Permit shall specify the safety measures to be required to protect the Temporary Seasonal Use for foreseeable conditions due to high winds and/or inclement weather.
(7) The Conditional Use Permit shall specify and limit the hours of operation of the Temporary Seasonal Use.
(8) The application for the Temporary Seasonal Use shall be considered by the Planning Commission only if the applicant first provides written consent from the owner of the real estate upon which the proposed use is to be located.
(9) The Conditional Use Permit shall specify the date by which the Temporary Seasonal Use is to be discontinued and the property returned to the condition that existed prior to the commencement of that use. The Planning Commission may specify the type and amount of any security to be posted by the applicant for the cost of removal and restoration.
(10) Planning Commission shall be empowered to impose additional conditions to be specified subsequent to the issuance of the Conditional Use Permit by the Zoning Inspector, with approval of the Village Administrator.
(11) The Conditional Use Permit shall be subject to all such other appropriate conditions imposed by the Planning Commission.
(Ord. 14-131. Passed 10-2-14.)
1135.05 PUBLIC HEARING BY THE PLANNING COMMISSION.
(a) After receipt of an application for a conditional use certificate, the Planning Commission shall hold a public hearing at the nearest regularly scheduled meeting date which meets all procedural requirements of applicable law. The Planning Commission may schedule a special meeting date in order to expedite an application.
(Ord. 21-121. Passed 7-8-21.)
(b) Before holding the public hearing required in Section 1135.05, notice of such hearing shall be given in one (1) or more newspapers of general circulation of the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed conditional use.
(Ord. 85-107. Passed 3-4-85.)
(c) Before holding the public hearing required in Section 1135.05, written notice of such hearing shall be mailed by the Planning Commission, by first class mail, at least ten (10) days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1135.05 (b). Parties of interest shall include owners of property within 200 feet from, contiguous to, and directly across the street from the property being considered.
(Ord. 08-118. Passed 9-4-08; Ord. 13-150. Passed 1-9-14.)
(d) Within ten (10) days after the completion of the hearings thereon, the Planning Commission shall either approve, approve with supplementary conditions as specified in Section 1135.04, or disapprove the application as presented. If the application is approved or approved with modifications, the Planning Commission shall direct the Zoning Inspector to issue a Conditional Use Certificate listing the specific conditions specified by the Planning Commission for approval. If the application is disapproved by the Planning Commission, the applicant may seek relief through the Court of Common Pleas.
(Ord. 14-131. Passed 10-2-14.)
1135.06 EXPIRATION AND REVOCATION OF CONDITIONAL USE CERTIFICATE.
The approval of the conditional use certificate shall become null and void if such use has not begun within one year from the date of issuance thereof, or if any construction involved has not been completed within two and one-half (2-1/2) years from the date of issuance. The Zoning Inspector may revoke the conditional use certificate upon written evidence by any resident or official of violation of the Zoning Ordinance and/or the written terms and conditions upon which approval was granted. A conditional use certificate shall not be transferred to another owner or lessee of such use, without notice to and approval by the Planning Commission.
(Ord. 08-118. Passed 9-4-08.)
1135.07 AMENDMENT AND EXPANSION TO EXISTING CONDITIONAL USE CERTIFICATE.
Where an applicant has previously received a conditional use permit, but desires to amend the conditions of that permit or expand the area to which that permit applies, said amendment or expansion shall require approval by the Planning Commission. The Planning Commission, in its discretion, may require notice and a public hearing prior to granting such amendment or expansion, but such notice and public hearing is not required if the Planning Commission deems it to be unnecessary. The Planning Commission may also elect to consider such application as part of the site plan review process.
(Ord. 08-118. Passed 9-4-08.)
1137.01 POWER OF COUNCIL.
Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may, by Ordinance, after receipt of a recommendation thereon from the Planning Commission and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by the Zoning Ordinance or amendments thereof. The Planning Commission shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.
1137.02 INITIATION OF ZONING AMENDMENTS.
Amendments to this Ordinance may be initiated in one of the following ways:
(a) By the introduction of a proposed Ordinance by the Village Council.
(b) By adoption of a motion by the Village Planning Commission and submitting the proposed Ordinance to Council.
(c) By the filing of an application by at least one (1) owner or lessee of property within the area proposed or affected by said amendment.
1137.03 CONTENTS OF APPLICATION.
(a) An application for amendment shall be transmitted by the applicant to the Zoning Inspector and shall contain, at a minimum, the following information:
(1) Name, address, and phone number of the applicant.
(2) Proposed amendment to the text or legal description of the property affected.
(3) Present use and district and proposed use and district.
(4) A map drawn to scale showing property lines, streets, existing and proposed zoning, and such other items as the Zoning Inspector may require.
(5) A list of property owners within 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the Geauga County Auditor’s current tax duplicate. The requirements for addresses may be waived when more than ten (10) parcels are proposed to be rezoned.
(6) A statement on how the proposed amendment relates to the Village Comprehensive Plan, as amended, and to the neighboring properties.
(7) For any rezoning request involving more than one acre of land, a Development Plan, fulfilling the requirements of Section 1137.03(b).
(8) A fee as established by the Village Council.
(b) In addition to the requirements of Section 1137.03(a), any application which requests the rezoning of land to a commercial or an industrial use shall include a Development Plan for the proposed rezoned area. The Development Plan shall set forth the proposed development for the area to be rezoned. The Development Plan shall be subject to the following requirements:
(1) The Development Plan shall show proposed lots, roads, utilities, structure(s), ingress and egress, traffic flow and parking.
(2) The Development Plan shall obligate the developer to guarantee the construction of all improvements necessary to make the proposed rezoning feasible and without which the proposed rezoning may not be appropriate.
(3) If rezoning occurs, the site plan subsequently submitted pursuant to Chapter 1140 for the area rezoned shall be consistent with the Development Plan unless the Planning Commission, in its discretion, determines that changed circumstances justify modifications of the Development Plan.
(Ord. 01-128. Passed 9-20-01.)
1137.04 TRANSMITTAL OF ORDINANCE TO PLANNING COMMISSION.
Immediately after the introduction of the proposed Ordinance by the Village Council or the filing of an application by at least one (1) owner or lessee of property, said proposed Ordinance or application shall be transmitted to the Planning Commission.
1137.05 RECOMMENDATION BY PLANNING COMMISSION.
(a) Within forty-five (45) days after the first regular meeting of the Planning Commission after the receipt of the proposed amendment, the Planning Commission shall consider the proposed amendment and, if applicable, the proposed Development Plan for the rezoned area. If necessary, the Planning Commission may consider the amendment and the Development Plan at more than one meeting.
(b) Upon conclusion of its deliberations, the Planning Commission shall recommend to the Village Council that the amendment be approved as requested, or it may recommend that the amendment be denied, or recommend modifications. If the Planning Commission recommends the rezoning of land to a commercial or an industrial use, the recommendation shall include a recommended Development Plan for the rezoning.
(c) A public hearing may be held at the discretion of the Planning Commission. If a public hearing is to be held, notice of the time, place and purpose of such hearing shall be given by:
(1) Publication at least once in a newspaper of general circulation in the Municipality; the publication shall be not less than ten days prior to the date of the hearing; and
(2) Where the proposed amendment is to effect a change in the District Map, written notice of the hearing shall be mailed by the Secretary of the Commission, by first-class mail, at least five days prior to the date of such hearing, to the owners of all property within 200 feet or adjoining property. The failure of delivery of such notice shall not invalidate the proceedings or findings of the Commission.
(Ord. 01-128. Passed 9-20-01.)
1137.06 ACTION BY COUNCIL.
(a) Before the proposed Ordinance may be adopted, the Village Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the Village.
(b) If the proposed Ordinance intends to remove or redistrict ten or less parcels of land, as listed on the Geauga County Auditor's current tax duplicate, written notice of the hearing shall be made by the Fiscal Officer, by first class mail, at least twenty (20) days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the Geauga County Auditor's current tax duplicate.
(c) The failure of delivery of such notice shall not invalidate such proposed Ordinance.
(d) During such thirty (30) days, the text or copy of the text of the proposed Ordinance, together with maps, plans, and reports submitted by the Planning Commission and, if applicable, a copy of the Development Plan for the rezoning approved by the Planning Commission shall be on file, for public examination, in the offices of the Fiscal Officer.
(e) No Ordinance which violates, differs from, or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by not less than three fourths of the membership of the Village Council. For purposes of this section, a rezoning ordinance which approves a rezoning but which approves a Development Plan which substantively differs from the Development Plan recommended by the Planning Commission pursuant to Section 1137.03(b) shall also require approval of three-fourths of the membership of the Village Council.
(Ord. 01-128. Passed 9-20-01.)
1137.07 RESUBMISSION OF DENIED REQUEST.
An applicant may resubmit a denied amendment request for reconsideration if new and additional information supporting the request becomes available. The mere resubmission of the original request is not considered sufficient to initiate the amendment process again.
1137.08 REEVALUATION OF REZONING.
In the event that a parcel of land is rezoned to a Commercial or an Industrial use pursuant to this Chapter, and a Zoning Permit for development of the land is not issued within two years of the effective date of the rezoning, the Planning Commission shall reevaluate the rezoning decision and determine if the new zoning is still appropriate for the parcel in light of the conditions and circumstances which exist at the time of the reevaluation. If applicable, in making this reevaluation, the Planning Commission shall be entitled to require the developer to submit a revised Development Plan consistent with the existing zoning.
(Ord. 01-128. Passed 9-20-01.)
1139.01 OFFICE OF ZONING INSPECTOR.
(a) The Zoning Inspector shall be appointed by the Mayor, subject to the approval of Council.
(b) The Zoning Inspector shall enforce the Zoning Code.
(c) For the purpose of this chapter, the Zoning Inspector shall have the following powers and duties:
(1) Upon finding that any of the provisions of the Zoning Code are being violated, the Zoning Inspector shall notify, in writing, the person responsible for such violation(s), ordering the action necessary to correct such violation;
(2) To order discontinuance of illegal uses of land, buildings or structures;
(3) To order removal of illegal buildings or structures, or illegal additions of structural alterations;
(4) To order discontinuance of any illegal work being done; and
(5) To take any other action authorized by the Zoning Code to ensure compliance with or to prevent violation(s) of the Zoning Code. This may include the issuance of an action on zoning permits and certificate of use permits and such similar administrative duties as are permissible under the law.
(d) The Zoning Inspector shall receive such compensation as Council may authorize. (Ord. 94-116. Passed 6-2-94.)
(e) The Zoning Inspector shall attend all hearings of the Planning Commission unless the Chair of the Planning Commission authorizes his or her absence.
(Ord. 13-150. Passed 1-9-14.)
(f) The Zoning Inspector shall obtain a Fidelity Bond in the amount of fifty thousand dollars ($50,000), conditioned upon the faithful performance of the Zoning Inspector’s duties, with an insurance corporation satisfactory to Council and licensed to do business in the State of Ohio as a surety. Such bond shall be filed with the Fiscal Officer after having been approved by Council. The cost of such bond shall be borne by the Village.
(Ord. 19-127. Passed 8-8-19.)
1139.02 ENFORCEMENT OF ZONING CODE.
(a) It shall be the duty of the Zoning Inspector to enforce the Zoning Code in accordance with the provision hereof.
(b) All officials and employees of the Village shall comply with the provisions of the Zoning Code.
(c) All officials and employees of the Municipality shall assist the Zoning Inspector by reporting to him any new construction, reconstruction of land uses or seeming violations.
(d) Any certificate or license, issued in conflict with the provisions of the Zoning Code shall be null and void.
(Ord. 94-116. Passed 6-2-94.)
1140.01 ZONING PERMIT.
(a) No building or other structure shall be erected, moved, added to, structurally altered, and no building, structure or land shall be established or changed in use without a Permit therefor, issued by the Zoning Inspector. Zoning Permits shall be issued only in conformity with the provisions of the Zoning Code unless the Zoning Inspector receives approval from the Planning Commission directing the Zoning Inspector otherwise, based upon an appeal or variance granted; or approval of a conditional use granted by the Planning Commission. (Ord. 13-150. Passed 1-9-14.)
(b) Upon review of the application, payment of the applicable fees and a determination by the Zoning Inspector that the application meets the requirements of the Codified Ordinances, the Zoning Inspector shall issue a Zoning Permit. However, if the applicant is an owner, builder or developer who is responsible for other projects in the Municipality, and if any of those projects are in violation of the Zoning Code when the application is filed, the Zoning Inspector may, in his/her discretion, refuse to issue any additional zoning permits to the applicant until such zoning violation(s) have been corrected.
(Ord. 10-106. Passed 4-15-10.)
1140.02 CONDITIONS UNDER WHICH A ZONING PERMIT IS REQUIRED.
A Zoning Permit shall be required for any of the following:
(a) Construction or structural alteration of any building, including accessory buildings, or other structures including fences and signs.
(b) Change in use of an existing building or accessory building to a use of a different classification.
(c) Occupancy and use of vacant land.
(d) Change in the use of land to a use of a different classification.
(e) Any change in the use of a nonconforming use.
(f) Construction or alterations of any driveway, drive apron, curb cut, or parking area.
(Ord. 10-106. Passed 4-15-10.)
1140.03 APPLICATION FOR ZONING PERMIT.
One (1) copy of an application for a Zoning Permit shall be signed by the owner or applicant and shall attest to the truth and exactness of all information supplied on the application. At a minimum, the application shall contain the following information:
(a) Date of application.
(b) Address of Property.
(c) Signature of Property Owner.
(d) Signature of Applicant if different than the property owner.
(e) Phone/Fax number of both the owner and the applicant.
(f) Mailing address of both the owner and the applicant.
(g) Indication of what is being applied for and its proposed use.
(h) Such other information as may be necessary in order to ensure compliance with the applicable Village of Middlefield Codified Ordinances.
(Ord. 10-106. Passed 4-15-10.)
1140.04 SCHEDULE OF APPLICATION FEES.
(a) When a person applies for a zoning permit, occupancy permit or other permit pertaining to the Zoning Code, or files an appeal to the Planning Commission, the applicant shall pay the filing fee provided by this section. This filing fee shall be in addition to any deposit for professional review fees required by subsection (d) hereof. Notwithstanding the provisions of Chapter 1137 of the Codified Ordinances, Council may amend or modify this fee schedule by ordinance, without public hearing or Planning Commission review or approval.
Zoning and Occupancy Permit Fees
Single family dwelling | $100.00 |
Two family and Multi-family dwelling Each additional unit in excess of three | $100.00 per unit $30.00 each |
Commercial new construction and/or addition | $700.00 |
Industrial new construction and/or addition | $1,000.00 |
Signs Permanent Sign Temporary Sign Temporary Sign (for non-profit organization) | $270.00 $100.00 $ 20.00 |
Occupancy Permit Single family dwelling Two-family and Multi-family dwelling Commercial Industrial | $100.00 $100.00 per unit $200.00 per unit $500.00 per unit |
Other Permits: Permit for construction or improvements to lands not listed | $100.00 |
Planning Commission Variance Planning Commission Conditional use application Appeals | $100.00 - Res. Variance $350.00 - Com/Ind. Variance $100.00 |
Zoning Amendment | $350.00 for one lot or part of one lot $50.00 for each additional lot or part of one lot |
Zoning Exemption Fee | $50.00 per structure |
Other fees that may be required; fees as stated in the appropriate section will govern.
Sewer Connection fee per Section 907.05
Water Tap-in fee per Section 911.07
Residential (new stub)
$1,000.00 Residential (with existing stub) |
$469.00 Commercial |
$1,100.00 Industrial |
$1,200.00 |
Water Meter fee per Section 911.15
Impact Fee per Section 913.04
Excavation within a Public Right of Way permit and fee per Chapter 921
(Ord. 10-106. Passed 4-15-10; Ord. 13-150. Passed 1-9-14;
Ord. 13-123. Passed 7-11-13; Ord. 21-101. Passed 3-11-21; Ord. 23-101. Passed 3-9-23; Ord. 24-101. Passed 3-14-24.)
(b) Where a commercial or industrial project involves a combination of fees for new construction, addition, site plan review and/or occupancy permit, the Zoning Inspector, in his/her discretion and with the approval of the Village Administrator, may charge a single application fee, based upon the most applicable fee item.
(c) Where the project involves the addition to, structural alteration of, and/or exterior remodeling of any structure in any zoning district, and where 250 square feet or less of such addition, structural alteration or exterior remodeling is affected, and where all aspects of the project otherwise comply with the Zoning Ordinances, the Zoning Inspector may, in his/her discretion, and with the approval of the Village Administrator, grant a Zoning Exemption for the project. If the Zoning Inspector approves the Zoning Exemption, the Zoning Inspector shall issue a Zoning Exemption Permit. If the Zoning Inspector does not approve an application for the Zoning Exemption, the Zoning Inspector shall forward the application to the Planning Commission, which may waive any or all requirements of Section 1140.04, if the Planning Commission determines based upon the review of the project, that imposition of specific fees would impose an unnecessary hardship upon the applicant.
(d) All costs for the services of the Municipality's professional advisors to review zoning applications shall be the responsibility of the applicant and shall be paid as provided by this subsection.
(1) In addition to the application fee, if the Municipality employs professionals (such as the Village Engineer or the Village Solicitor) to review an application, the professional performing the review shall provide an estimate of such additional cost. For the types of review listed below, no such prior estimate shall be required and, unless increased or decreased by the Planning Commission for good cause shown, the initial cost deposit shall be as follows:
Initial deposit to accompany review of proposed subdivision plan | $4,000.00 |
Initial deposit to accompany site plans for single family housing (new construction or additions) | $400.00 |
Initial deposit for all other site plans, including commercial and industrial | $1,500.00 |
Initial deposit for lot split review | $400.00 |
Initial deposit for Planned Unit Development | $1,500.00 |
Initial deposit for wireless telecommunications tower and facility | $1,500.00 |
(2) The applicant shall pay the initial deposit prior to review of the submitted plans by the Municipality's professional advisor(s).
(3) Upon issuance or denial of the zoning permit, and after all review costs have been deducted, the balance, if any, of the cost deposit shall be returned to the applicant.
(e) All fees required by the foregoing schedule shall be remitted with the application and made payable to the Fiscal Officer of the Municipality. The Fiscal Officer shall deposit such funds to the credit of the General Fund of the Municipality.
(f) Unless and until all applicable fees, charges, expenses and deposits have been paid in full, no action shall be taken upon any application or appeal.
(g) The Zoning Inspector shall post the schedule of fees at Village Hall and shall make available a copy of the fee schedule to any person requesting it.
(h) The Zoning Inspector shall keep on file all Zoning and Occupancy Permits, and copies thereof shall be furnished upon request to any person having a proprietary or tenancy interest in any building or land thereby affected.
(Ord. 13-123. Passed 7-11-13.)
1140.05 RESIDENTIAL SITE PLAN REQUIREMENTS; ONE OR TWO FAMILY DWELLINGS; NEW CONSTRUCTION, ADDITIONS OR ALTERATIONS; COMPLIANCE WITH SITE PLAN REQUIREMENTS.
(a) In order for the Village to determine compatibility of proposed improvements with existing adjacent structures and drainage systems three (3) copies of a site plan meeting the "Municipal Standards for Plan Content, Residential Site Plan Requirements (Section II)" and one (1) copy of the house plans shall be submitted with an application for a zoning permit and the appropriate fees (Zoning application and site plan review fee per Section 1140.04; Sewer connection fee per Section 907.05; water tap-in fee per Section 911.07; water meter per Section 911.15; impact fee per Section 913.04, Excavation within a Public Right of Way permit and fee per Chapter 921 as applicable) to the Village of Middlefield Municipal Center.
(b) Costs for the services of the Village Engineer and / or the Solicitor to review plans shall be the responsibility of the developer. A deposit, in the amount specified by Section 1140.04(d), shall be required at the time of the submission of the plan.
(c) If the site plan does not conform to the requirements of this section, the Zoning Inspector shall notify the applicant and require the site plan be changed to eliminate all non-conforming aspects thereof. If the site plan is in conformance with the above requirements, provides for adequate drainage and grading, and meets all applicable zoning codes, it shall be approved. The approved plan shall then become part of the Zoning permit and it will be the responsibility of the applicant to perform all work in conformity with the approved site plan.
(d) A Zoning Permit must be obtained before application is made for a building permit from the Geauga County Building Department.
(e) The Zoning Permit shall become null and void one (1) year from the date of issuance if the construction has not commenced. The Zoning Permit shall become null and void two and one-half (2-1/2) years from the date of issuance if the construction has not been completed.
(f) Prior to pouring the foundation, the builder shall have a surveyor, registered in Ohio, stake out a minimum of one (1) lot line and the location of the proposed structure on the site. The surveyor shall also provide a benchmark on the lot or within a one hundred-foot radius thereof, to facilitate inspections of the building by the Village.
(Ord. 10-106. Passed 4-15-10.)
(g) The Village shall have the right, without prior notice, to make periodic inspections of the progress of the building and for compliance with the approved site plan. In the event of substantial non-compliance, the Zoning Inspector shall have the authority to order the builder to cease all activity on the lot until substantial compliance with the site plan is achieved.
(h) Immediately upon completion of the construction of the footer, the builder shall have a surveyor, registered in Ohio, verify the footer elevation.
(1) At the builder’s election, the builder shall provide the house elevation, either at the footer, at the completion of the basement wall, or at the location of the setting of the foundation forms.
(2) A variance of six (6) inches on house elevation from the elevation shown on the site plan will be permitted. In determining the finished elevation, the builder shall take into consideration the drain inverts and test T’s. Failure of the builder to observe this requirement will be at the sole risk of the builder.
(3) Until the Zoning Inspector approves the footer elevation, no further construction shall be permitted.
(i) When construction is completed, the Village Engineer shall review the final grade of the project consistent with the requirements of paragraph (h) of this section. Failure to meet the elevation requirements as set forth herein shall be grounds for denial or revocation of the Occupancy Permit.
(j) The Zoning Inspector will promptly respond to any request for Occupancy Permit approval, gaging the completion of the project against the approved site plan. If any portion of the required construction is not completed at the time of the application for an Occupancy Permit, the builder shall apply for a Temporary Occupancy Permit and provide a bond to cover the cost of completion. The amount of the bond shall be determined in the sole discretion of the Zoning Inspector, who may consult with the Village Engineer, if necessary. Upon successful completion of all outstanding site plan issues, a permanent Occupancy Permit will be issued, and said bond released. (Ord. 19-125. Passed 11-14-19.)
(k) Once an Occupancy permit has been applied for and approved the water connection will be finalized per Section 911.05
(Ord. 10-106. Passed 4-15-10.)
1140.06 PLAN REQUIREMENTS OTHER THAN RESIDENTIAL ONE OR TWO FAMILY DWELLINGS.
(a) In addition to all other provisions of this section, any applicant for a Zoning Permit for the erection, movement, addition to, structural alteration and/or exterior remodeling of any building or structure, exclusive of signs and fences, and/or the change, addition or removal of parking facilities for any building or structure other than a residential one or two family dwelling shall submit three (3) copies of a plan meeting the "Municipal Standards for Plan Content, Subdivisions, Commercial, Industrial and Other Site Plan Requirements" with an application for a zoning permit and the appropriate fees (Zoning application and plan review fee per Section 1140.04; Sewer connection fee per Section 907.05; water tap-in fee per Section 911.07; water meter per Section 911.15; impact fee per Section 913.04, Excavation within a Public Right of Way permit and fee per Chapter 921 as applicable) to the Village of Middlefield Municipal Center.
(b) All submittal packages will be delivered to the Village of Middlefield Municipal Center. Required with the submittal are the application and payment of appropriate fees. The required applications and fees will be reviewed, outlined and listed to determine applicability of each required depending upon the type of development to take place. The Village will then distribute the received submittal to the Village Engineer and Zoning Inspector and determine if it is acceptable for review. If the submittal does not conform to the requirements of this section, the Village Engineer and/or Zoning Inspector shall notify the applicant and require the submittal be changed to eliminate all non-conforming aspects thereof. If accepted for review, Village Engineer will review, report and recommend on the effects of traffic circulation, safety, utility usage, construction plans and compliance with all Village ordinances, municipal standards for plan content, and design guidelines.
(1) Based on the scope of the project, the Engineer may forward copies of the site plan to the following:
A. Utility Committee will review the submission for effects and resolution of impacts on all Village utilities. i.e. Sanitary, Water and Storm Sewer Systems. When impacts to utilities are defined, a report will be forwarded to Planning Commission with a statement as to impacts on utilities and recommendations.
B. Streets Committee will review, report and recommend on effects to streets and sidewalks.
C. Zoning Inspector will review, report and recommend on effects to Zoning Ordinances.
D. Fire Chief will review, report and recommend on effects of safety and fire prevention.
E. Police Chief will review, report and recommend on effects of safety and traffic control.
F. Solicitor will review with respect to all legal issues.
(2) Upon resolution of all matters contained in the reports received above, the Village Engineer will place the submittal on the next available Planning Commission agenda for action. Upon approval by the Planning Commission, the Zoning Inspector may issue the Zoning Permit.
A. Prior to issuance of the Zoning Permit, the Village should receive escrow amounts from developer/builder to cover the cost of inspection / professional review services as may be necessary during construction.
B. The Zoning Permit shall become null and void one (1) year from the date of issuance if the construction has not commenced. The Zoning Permit shall become null and void two and one-half (2 1/2) years from the date of issuance if the construction has not been completed.
(c) Prior to pouring the foundation, the builder shall have a surveyor, registered in Ohio, stake out the lot lines and the location of the proposed structure on the site. The foundation shall not be poured unless and until a surveyor has approved the location of the proposed structure on the site.
(d) At or before the time the builder stakes out the lot lines and location of the proposed structure as provided in subsection (c) hereof, the builder shall cause a surveyor to identify a benchmark on the lot or within a one hundred foot radius thereof, to facilitate inspections of the building by the Village. If the builder fails to comply with this requirement, the Village may cause a surveyor to locate a benchmark, and all costs therefor shall be paid by the builder. Failure to promptly pay such costs shall result in revocation of the Zoning Permit.
(e) The Village shall have the right, without prior notice, to make periodic inspections of the progress of the construction and for compliance with the approved plan. The Zoning Inspector shall have the authority to order the builder to cease all activity on the lot until compliance with the plan is achieved.
(f) The builder shall have a surveyor, registered in Ohio, verify the footer elevation as soon as it is constructed. The applicant shall provide a surveyor's certification of the as-built footer elevation and how it compares to the approved site plan footer elevation to the Zoning Inspector for review and approval. No further construction shall be permitted until the footer elevation is approved.
(g) Upon completion of construction, the builder shall submit to the Zoning Inspector a Record ("as-built") plan, accurately demonstrating the completed site, as constructed. The as-built plan shall be prepared and certified by a surveyor, registered in Ohio. Upon receipt of the as-built plan, the Zoning Inspector shall inspect the site to verify compliance with the approved plan, and to verify the accuracy of the as-built plan. In the event that the Zoning Inspector determines that the builder has not fully complied with the approved plan, or that the as-built drawing is not accurate, the builder shall take immediate steps to achieve compliance satisfactory to the Zoning Inspector. No Occupancy Permit shall be issued until the Zoning Inspector has completed the foregoing inspection and is satisfied that the as-built plan is accurate. The as-built drawing shall contain a certification statement by a registered surveyor.
(h) In the event that the applicant, developer or builder fails to comply with any of the requirements of Section 1140.04(a)(3) hereof and subsections (c) through (h) hereof, upon recommendation of the Village Administrator, the Zoning Inspector shall revoke the Zoning Permit and shall notify the Geauga County Building Department of such revocation. In addition, if an Occupancy Permit has been issued, the Zoning Inspector shall revoke such Occupancy Permit. Such revocations shall be appealable to the Planning Commission pursuant to Chapter 1101 of the Codified Ordinances.
(i) All existing trees shall be shown on the site plan and shall be preserved to the extent possible. Intended removal of any of the trees must be noted on the plans with the reasoning behind the intended removal. The removal of the significant shade trees must be approved by the Planning and Zoning Commission.
(j) Where site plans are required by this section, but no more than 500 square feet of area of floor are affected, the Zoning Inspector shall forward the application for a Zoning Permit to the Planning Commission, which may waive any or all of the requirements of this section, and which may waive or modify any fees required under Section 1140.04, if the Planning Commission determines that imposition of these requirements would impose an unnecessary hardship upon the applicant.
(k) As part of the review process, the Planning Commission shall evaluate each proposed use and determine whether the proposed use is a potentially dangerous or objectionable use as regulated by Section 1159.07. In the event that the Planning Commission determines that a use regulated by Section 1159.07 is proposed, the Planning Commission shall either set applicable performance standards and requirements, as provided by Section 1159.07(c) or shall refer the matter for further review and evaluation by the Planning Commission, pursuant to Section 1101.08.
(Ord. 10-106. Passed 4-15-10; Ord. 13-150. Passed 1-9-14.)
(l) Additional Requirements: Site Plans for Development in an R-3 District. If a developer requests a zoning permit to develop in an R-3 District, in addition to the foregoing, the developer shall also submit the following:
(m) In considering a site plan for a new development in an R-3 District which involves less than 25 units, the Planning Commission shall have the right to waive or modify requirements of the Zoning Code regarding interior streets, parking, vehicular access, lot coverage and the various reports and evaluations required by Section 1140.06(l) if, by an affirmative vote of two-thirds of the members of the Planning Commission, the Commission, in its discretion, determines that:
(1) Said waiver is in the best interest of the neighborhood;
(2) Said waiver is in the best interest of the health, safety and welfare of the Village as a whole;
(3) Said waiver is consistent with the purposes and intent of the Zoning Code;
(4) Said waiver is consistent with the goals and purposes for the particular Zoning District, as set forth in the Comprehensive Plan; and
(5) Failure to waive the requirement at issue would tend to deny the property owner a substantial and economically viable use of the property.
(n) In reviewing each site plan, the Planning Commission shall consider any traffic congestion which may result from or be increased by the approval of the proposed project, and shall take steps necessary to make certain that the approved site plan causes or increases the least amount of traffic congestion feasible under the circumstances.
(Ord. 10-106. Passed 4-15-10.)
1140.07 APPROVAL OF APPLICATION FOR ZONING PERMIT.
(a) The Zoning Inspector shall either approve or disapprove the application for a Zoning Permit in conformance with the provisions of this section. If the application is approved, the Zoning Inspector shall issue a Zoning Permit.
(b) For one and two family dwellings, the Zoning Inspector shall either approve or disapprove the application within ten days after receipt by the Zoning Inspector of a complete application. If the application is approved, the Zoning Inspector shall issue a Zoning Permit.
(c) For all applications for which a plan is required, the Zoning Inspector shall either approve or disapprove the application within ten days after receipt of the Planning Commission's approval of the plan. If the application is approved, the Zoning Inspector shall issue a Zoning Permit.
(d) One copy of the plans shall be returned to the applicant by the Zoning Inspector, after the Zoning Inspector has marked such copy either as approved or disapproved and attested to same by signing such copy. In the case of disapproval, the Zoning Inspector shall state on the returned plans the reason for disapproval. One copy of plans, similarly marked, shall be retained by the Zoning Inspector.
(Ord. 10-106. Passed 4-15-10.)
1140.08 RECORD OF ZONING PERMITS AND OCCUPANCY PERMITS.
A record of all Zoning Permits and Occupancy Permits shall be kept on file in the office of the Zoning Inspector.
(Ord. 10-106. Passed 4-15-10.)
1140.09 EXPIRATION OR REVOCATION OF ZONING PERMITS AND OCCUPANCY PERMITS.
(a) If the construction for which any issued Zoning Permit has not begun within one year from the date of issuance thereof, or has not been completed within two and one-half years from the date of issuance thereof, said permit shall expire and no Occupancy Permit for that project shall be issued thereafter.
(b) In the event that the zoning permit expires pursuant to sub-section (a) of this section, the Zoning Inspector shall formally revoke the Zoning Permit, and shall give written notice thereof to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new Zoning Permit has been obtained or an extension has been granted by the Planning Commission for good cause shown.
(c) In the event that a residential structure is utilized as a model home prior to completion, the Zoning Permit and Occupancy Permit for that structure shall be revoked and no new Zoning Permit or Occupancy Permit shall be issued and per Section 911.06(c) a water connection will not be made until such time that an Occupancy Permit is obtained.
(d) In the event that the lawn for any structure, as required by Section 1140.05, is not completed within one year of the issuance of the Zoning Permit, the Zoning Inspector shall revoke the Zoning Permit and, if applicable, the Occupancy Permit and no further work shall proceed unless and until a new zoning permit has been obtained or an extension of time granted by the Planning Commission for good cause shown.
(e) For any application for which the Zoning Permit has expired or revoked, no Occupancy Permit shall be issued unless and until a new Zoning Permit is issued and the applicant has complied with all then-applicable provisions of the Zoning Code.
(Ord. 10-106. Passed 4-15-10.)
1140.10 OCCUPANCY PERMIT.
(a) Issuance. No person shall occupy or use any building or structure, in whole or in part, without a valid Occupancy Permit issued by the Zoning Inspector pursuant to the provisions of this section.
(b) New Buildings or Structures. No person shall occupy or use any building or structure erected on or after November 1, 2004, unless and until an Occupancy Permit therefor has been issued by the Zoning Inspector and posted on the premises.
(c) Alteration of Buildings or Structures.
(1) No person shall occupy or use any building or structure that, on or after November 1, 2004, has been enlarged, extended or altered, in whole or in part, unless an Occupancy Permit authorizing that use has been issued.
(2) No person shall occupy or use a building which, prior to November 1, 2004 was not used as a residential structure unless an Occupancy Permit authorizing that use has been issued.
(d) Existing Buildings. Upon written request from the owner of an existing building or structure, the Zoning Inspector shall issue a Occupancy Permit for that building or structure, provided there are no violations of the Zoning Code or the Building Code, and provided further that the applicant establishes that the current occupancy of the building or structure existed prior to November 1, 2004 and that said occupancy was in compliance with the zoning code then applicable. This section shall not require the removal, alteration or abandonment of, or prevent the continuance of, the continuous occupancy of an existing building or structure which was lawfully occupied as of November 1, 2004.
(e) Change in Occupancy Use or Commercial Tenants. No person shall occupy or use any building or structure, the use of which has, on or after November 1, 2004, changed from one occupancy to another unless the Zoning Inspector has issued an Occupancy Permit for that new use. No such Occupancy Permit shall be issued until the applicant has demonstrated that the building conforms to the applicable provisions of the Zoning Code and the Building Code. If a building or a unit in a building contains commercial or industrial uses, and that building or unit undergoes a change of tenants, such new tenants shall not occupy the building or unit unless the Zoning Inspector has issued an Occupancy Permit for the new tenant.
(f) Issuance of Occupancy Permit. Upon completion of the project for which a Zoning Permit was issued, the applicant shall request the Zoning Inspector to issue an Occupancy Permit. The Zoning Inspector shall conduct whatever inspection the Zoning Inspector deems appropriate and, upon completion of that inspection and a determination that the development complies with the requirements of the Zoning Permit and the applicable zoning ordinances, the Zoning Inspector shall issue an Occupancy Permit, subject to the following requirements:
(1) The applicant shall demonstrate, to the satisfaction of the Zoning Inspector, that the project conforms to all applicable zoning codes, zoning permits, and, if applicable, the approved site plan, and that the building or structure has received all necessary building permits and passed all necessary inspections by the Geauga County Building Department.
(2) If the Occupancy Permit is being issued for a newly erected building or structure, prior to issuing the Occupancy Permit, the Zoning Inspector shall:
A. Verify that all necessary public right-of-way improvements serving the lot upon which the building or structure is erected have been installed to the satisfaction of the Building Inspector; and
B. Verify that the lot upon which the building or structure is erected has existing iron pins located at the corners of that lot as designated on the final plat and as required by Section 1115.03(e) by requiring the applicant to submit:
1. A certification from an Ohio registered surveyor that the iron pins as shown on the final plat are actually in place, or
2. By such other similar reliable sworn statement as the Zoning Inspector deems acceptable.
(3) The Occupancy Permit shall state that the Municipality has been provided evidence that the building or structure has received all necessary building permits and passed all necessary inspections by the Geauga County Building Department, and conforms to all applicable zoning codes, zoning permits, and, if applicable, the approved site plan. The Occupancy Permit shall contain the following:
A. The number and date of issuance of the Zoning Permit and, if applicable, of site plan approval.
B. The address of the building or structure for which the Occupancy Permit is issued.
C. A description of that portion of the structure for which the Occupancy Permit is issued.
D. The signature of the Zoning Inspector.
E. The use for which the Occupancy Permit is being issued.
F. Any special stipulations and conditions of the Zoning Permit, the site plan approval (if applicable) including any variances granted to allow the specified use or structure.
(g) Temporary Occupancy Permit.
(1) Upon the request of the owner, the Zoning Inspector may issue a Temporary Occupancy Permit before the completion of the entire work covered by the permit, provided that such building, structure or portion or portions can be occupied safely prior to full completion of the building, structure or portion without endangering health, safety or public welfare.
(2) The Temporary Occupancy Permit shall be issued for a limited period of time, which shall be determined by the Zoning Inspector. The Zoning Inspector may extend that expiration date for good cause shown.
(3) In issuing a Temporary Occupancy Permit for new construction, the Zoning Inspector may issue a permit for a temporary water connection as provided by Section 911.06.
(4) In issuing a Temporary Occupancy Permit, the Zoning Inspector shall set a deadline by which the work will be completed and a date of expiration of the Temporary Occupancy Permit based on that deadline.
(5) Prior to the issuance of a Temporary Occupancy Permit, the applicant shall deposit funds with the Municipality, in an amount determined by the Zoning Inspector. In appropriate circumstances, and at the discretion of the Zoning Inspector with the consent of the Village Administrator, the Municipality will accept a performance bond in lieu of a cash deposit of funds.
(6) The amount of the deposit or performance bond shall be sufficient to cover the costs of all required work which is (i) not yet complete and (ii) necessary for the issuance of the final Occupancy Permit.
(7) Upon expiration of the Temporary Occupancy Permit, if the work is required by the zoning permit and, if applicable, the approved site plan has not been completed, the Municipality may (i) apply the monetary deposit or utilize the performance bond to correct any deviations from the zoning permit or the approved plans; or, (ii) withhold such deposit or release of the performance bond until such time as the correction or compliance is made; and/or (iii) apply any funds on deposit toward the costs incurred by the Municipality in instituting legal proceedings in the pursuit of site compliance.
(8) Upon the failure of the owner to timely make such repairs or replacements, the Village Administrator, may, in his or her discretion, (i) utilize the deposit or the performance bond to contract for independent services to have the required work performed and (ii) pay the costs and expenses thereof out of the funds so deposited or cause the surety to make such payment. Any such costs and expenses that exceed the amount on deposit or covered by the performance bond shall be paid immediately by the owner and, absent such payment, the Temporary Occupancy Permit shall be revoked.
(9) Upon completion of the work, the owner shall notify the Zoning Inspector thereof, and request that the Zoning Inspector make a final inspection of the premises. Upon final approval and issuance of the Occupancy Permit, the deposit shall be returned, less any and all costs incurred by the Municipality for inspection and approval.
(10) If funds deposited with the Municipality pursuant to this section remain on deposit for three (3) years after a final inspection, or if after three (3) years the conditions required for the refunding of such deposit or balance thereof have not been satisfied, such deposit shall be deemed forfeited and shall be transferred to the General Fund.
(h) Occupancy Permit Regulations. The Zoning Inspector shall promulgate Occupancy Permit regulations consistent with this Section which shall become effective upon approval by the Planning Commission. Such regulations shall set forth the information to be included with an application for an occupancy permit, a schedule of fees for occupancy permit applications, and a list of standard deposits. The list of standard deposits shall include set fees for driveways, sidewalks, grading, landscaping, etc. However, such list shall not be exclusive and the Zoning Inspector shall have the discretion to establish specific deposit amounts, when warranted, on a case-by-case basis.
(i) Revocation of Occupancy Permit. In addition to the remedies available under Sections 1140.12 and 1140.13, the Zoning Inspector shall, in writing, suspend or revoke an Occupancy Permit issued under the provisions of the Zoning Code wherever the permit is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation applicable thereto.
(j) Escrow Agent Restrictions. No person, firm or corporation acting in the capacity of an escrow agent in any real estate transaction involving the sale of any premises located within the Municipality shall disburse any funds or finalize any transfers of property in the Municipality on or after November 1, 2004, unless evidence of a valid Occupancy Permit or a statement by the Zoning Inspector that no Occupancy Permit is required for the real estate at issue has first been deposited into the escrow.
(Ord. 10-106. Passed 4-15-10.)
1140.11 VIOLATIONS.
(a) Failure to Obtain a Zoning Permit. Failure to obtain a zoning permit or Occupancy Permit shall be a violation of this chapter and punishable under subsection (d) hereof and under Section 1140.12.
(b) Construction and Use to be as provided in Applications, Plans. Permits, Zoning Permits and Occupancy Permits are issued on the basis of plans and applications approved by the Zoning Inspector and authorize only the use and arrangement as set forth in such approved plans and applications or amendments thereto. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided in subsection (d) hereto and by Section 1140.12.
(c) Complaints Regarding Violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and as provide by this chapter.
(d) Penalties for Violation. In the event that (i) a person fails to obtain a Zoning Permit as required by this Chapter, (ii) a person fails to obtain Occupancy Permit as required by this Chapter, or (iii) if a Zoning Permit or an Occupancy Permit has been issued, fails to comply with the approved applications and plans upon which such permit is based, or fails to comply with the requirements of the approved plan, or (iv) if a Zoning Permit is voided as provided by Section 1140.12, the Village may, in its discretion, invoke any or all of the following remedies:
(1) Violations of the provision of this Chapter or failure to comply with any of its requirements (including, without limitation, violation of the Zoning Permit requirements, violation of the Occupancy Permit requirements or violation of other conditions and safeguards established in various sections of this Chapter) shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of a violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(2) If an owner, builder or developer fails to comply with applicable provisions of the Zoning Code or the requirements of a zoning permit, approved plan or occupancy permit, upon recommendation of the Zoning Inspector, the Village Administrator may invoke any of the following remedies:
A. Shut off the water service at the mains to any offending premises, pursuant to the procedure established in Section 911.16 of the Codified Ordinances.
B. Revocation of any applicable zoning permit, plan approval or occupancy permit, and
C. Issuance of a "Stop Work" order, directing the immediate cessation of all work on the premises until the Village determines that compliance with applicable requirements has been achieved.
(3) After notice to the offending person or persons, the Village Solicitor may institute an action to enjoin the offending use unless the terms and conditions of the original Zoning Permit or Occupancy Permit has been issued. In such event, all costs of legal action including attorney fees shall be paid by the offending persons.
(4) In instances where a zoning permit and/or occupancy permit is sought and/or obtained on an after-the-fact basis for any building or structure that was built and/or any occupancy that was established without the necessary zoning permit or occupancy permit. an additional administrative charge in an amount equal to one hundred percent (100%) of the then-applicable permit fee shall be added to the cost of any such permit.
(5) Nothing in this section shall limit the Village from taking such other lawful action as is necessary to prevent or remedy any violations.
(Ord. 25-115. Passed 6-12-25.)
1140.12 VOID ZONING OR OCCUPANCY PERMIT.
(a) A Zoning Permit or Occupancy Permit may be voided by the Zoning Inspector, or the Planning Commission if any of the following apply:
(1) The Zoning Permit or Occupancy Permit was issued contrary to the provision of this chapter.
(2) The Zoning Permit or Occupancy Permit was issued based upon a false statement by the applicant.
(3) The Zoning Permit or Occupancy Permit has been assigned or transferred without notice to and approval by the Zoning Inspector.
(4) The project for which the Zoning Permit or Occupancy Permit was issued was not completed in compliance with the approved applications and plans submitted.
(b) When a Zoning Permit or Occupancy Permit has been declared void for any of the above reasons, written notice of its revocation shall be given by certified mail to the applicant, sent to the address as it appears on the application. Such notice shall also include a statement that all work upon or use of the building, structure or land shall cease unless, and until, a new Zoning Permit or, if applicable, a new Occupancy Permit has been issued. The notice shall also state that the Municipality may invoke one or more of the penalties provided for by Section 1140.11. (Ord. 10-106. Passed 4-15-10; Ord. 13-150. Passed 1-9-14.)
1140.13 ADOPTION AND AMENDMENT OF MUNICIPAL STANDARDS FOR PLAN CONTENT.
(a) The Village Engineer shall prepare Municipal Standards for Plan Content to achieve the purposes set forth in this Chapter in conformity with customary and usual municipal engineering standards, and shall present the proposed Municipal Standards for Plan Content to the Planning Commission for its review and approval.
(b) The Municipal Standards for Plan Content shall become effective upon their approval by a majority of Planning Commission.
(c) The Village Engineer may, from time to time, recommend amendments to the approved Municipal Standards for Plan Content. Said amendments shall become effective, only after their approval by a majority of Planning Commission.
(Ord. 10-106. Passed 4-15-10.)