Milford City Zoning Code
TITLE THREE
Zoning Administration
1121.01 PREAMBLE.
This Zoning Ordinance is enacted for the general purpose of promoting the public health, safety, comfort and welfare of the residents of the City; to protect the property rights of all individuals by assuring the compatibility of uses and practices within districts; to facilitate the provision of public utilities and public services; to lessen congestion on public streets, roads and highways; to provide for the administration and enforcement of this Zoning Ordinance, including the provision of penalties for its violation; and for any other purpose provided in this Zoning Ordinance, the Ohio Revised Code, or under common law rulings.
(Ord. 99-1966. Passed 5-4-99.)
1121.02 SHORT TITLE.
This Zoning Ordinance shall be known and may be cited as the "Zoning Ordinance of the City of Milford", except as referred to herein, where it shall be known as "this Zoning Ordinance." (Ord. 99-1966. Passed 5-4-99.)
1121.03 JURISDICTION.
The provisions of this Zoning Ordinance shall apply to the entire incorporated land areas of the City of Milford of Clermont and Hamilton Counties, State of Ohio.
(Ord. 99-1966. Passed 5-4-99.)
1121.04 INTERPRETATION.
In its interpretation and application, the provisions of this Zoning Ordinance shall be considered minimum requirements adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this Zoning Ordinance conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive, or that imposing the higher standards, shall govern.
(Ord. 99-1966. Passed 5-4-99.)
1121.05 SEVERABILITY.
Should any Section or provision of this Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Zoning Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 99-1966. Passed 5-4-99.)
1121.06 REPEAL OF CONFLICTING ORDINANCES.
All ordinances in conflict with this Zoning Ordinance or inconsistent with the provisions of this Zoning Ordinance are hereby repealed to the extent necessary to give this Zoning Ordinance full force and effect.
(Ord. 99-1966. Passed 5-4-99.)
1121.07 EFFECTIVE DATE.
This Zoning Ordinance shall become effective from and after the date of its approval and adoption, as provided by law.
(Ord. 99-1966. Passed 5-4-99.)
1123.01 DEFINITIONS.
For the purpose of this Zoning Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 99-1966. Passed 5-4-99.)
1123.02 ZONING TEXT INTERPRETATION.
For the purpose of this Zoning Ordinance, certain terms or words used herein shall be interpreted as follows:
(a) The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation or any other similarly defined interest.
(b) The present tense includes the future;
(c) The singular includes the plural, and the plural number includes the singular.
(d) The word "shall" is mandatory; the word "may" is permissive.
(e) The words "used" or "occupied" includes the words "intended", "designed" or "arranged" to be "used" or "occupied".
(f) The word "lot" includes the words "plot" or "parcel".
(g) The word "building" includes the word "structure."
(Ord. 99-1966. Passed 5-4-99.)
1123.03 ACCESSORY BUILDING OR USE.
“Accessory Building or Use” means a use or structure situated on the same lot as the principal use or structure to which it is related, and which to its nature is customarily incidental and subordinate to the principal use or structure.
(Ord. 99-1966. Passed 5-4-99.)
1123.03.1 ACCESSORY DWELLING UNIT.
“Accessory Dwelling Unit” shall mean a self-contained dwelling unit designed for occupancy by one family for living and sleeping purposes that provides complete independent living facilities including its own entrance, kitchen or kitchenette, full bathroom, and sleeping area; that is located on the same lot as a larger single-family dwelling that serves as the principal use of the lot; and whose use is subordinate and incidental to the larger single-family dwelling.
(Ord. 23-239. Passed 9-19-23.)
1123.04 AGRICULTURAL USES.
“Agricultural Uses” means any land used for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and accessory uses such as composting, packing, treating, storing or selling the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
(Ord. 99-1966. Passed 5-4-99.)
1123.05 ALLEY.
“Alley” means any public or private right-of-way twenty (20) feet or less in width, and other public or private right of ways, not more than thirty (30) feet in width, whose primary function is to furnish access to the side or rear of properties having their main frontage on a street.
(Ord. 99-1966. Passed 5-4-99.)
1123.06 ANIMAL/VETERINARY HOSPITAL.
“Animal/Veterinary Hospital” means a building used for the medical treatment, housing or boarding of domestic, farm or exotic animals such as dogs, cats, rabbits, birds, horses, spiders, snakes, etc. by a veterinarian.
(Ord. 99-1966. Passed 5-4-99.)
1123.07 APARTMENT UNIT.
“Apartment Unit” means a room or suite of rooms in a multi-family residence or mixed-use building with sanitation and cooking facilities intended for use as a residence by a single family.
(Ord. 99-1966. Passed 5-4-99.)
1123.08 AUTOMOTIVE REPAIR.
“Automotive Repair” means any lot, building or structure used for the general repair, maintenance, and service of motor vehicles.
(Ord. 99-1966. Passed 5-4-99.)
1123.081 AUTOMOTIVE BODY SHOP.
“Automotive Body Shop” means any lot, building or structure used for the rebuilding or reconstruction of motor vehicles including collision service, painting, washing and steam cleaning.
(Ord. 99-1966. Passed 5-4-99.)
1123.09 AUTOMOTIVE SALES.
“Automotive Sales” means any building or land used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
(Ord. 99-1966. Passed 5-4-99.)
1123.10 AUTOMOTIVE SERVICE STATION.
“Automotive Service Station” means any lot, building or structure used for the retailing, dispensing or sales of vehicular fuels and including, as an accessory use, the sale and installation of lubricant, tires, batteries and similar accessories.
(Ord. 99-1966. Passed 5-4-99.)
1123.11 AUTOMOTIVE WASHING ESTABLISHMENT.
“Automotive Washing Establishment” means any building or land use for the commercial washing of motor vehicles.
(Ord. 99-1966. Passed 5-4-99.)
1123.12 BASEMENT.
“Basement” means a story all or partially underground but having at least one-half (½) of its height below the average level of the adjoining ground.
(Ord. 99-1966. Passed 5-4-99.)
1123.13 BED AND BREAKFAST LODGING ESTABLISHMENT.
“Bed and Breakfast Lodging Establishment” means an owner occupied, single-family detached structure, wherein lodging and breakfast are provided to transient guests for compensation. The bed and breakfast lodging is subordinate to the principal use of a single family dwelling. (Ord. 99-1966. Passed 5-4-99.)
“Board” means the Board of Zoning Appeals of the City of Milford, Ohio.
(Ord. 99-1966. Passed 5-4-99.)
1123.14.1 BREWPUB.
“Brewpub” means an eating and drinking establishment (restaurant) with a small brewery on the premises which produces beer, ale, or other malt beverage, and where the majority of the beer produced is consumed on the premises. This classification allows a brewpub to sell beer at retail and/or act as wholesaler for beer of its own production for off site consumption, with appropriate State licenses. Annual beer production shall not exceed 5,000 barrels per year.
(Ord. 99-1966. Passed 5-4-99.)
1123.15 BUFFERYARD.
“Bufferyard” means any natural scenery including trees, plants, flowers and other decorative materials that provide a shield between properties and zoning districts of differing or incompatible uses or to shield a property from a public street.
(Ord. 99-1966. Passed 5-4-99.)
1123.16 BUILDING.
“Building” means any structure designed or intended for the support, enclosure or protection of persons, animals or property.
(Ord. 99-1966. Passed 5-4-99.)
1123.17 BUILDING, HEIGHT OF.
“Building, Height of” means the vertical distance from the average grade adjoining the walls of the building to the average of the highest points of a roof surface of a flat roof; and to the deck line of a mansard roof; and the mean height level between eaves and ridge for a gable, hip or gambrel roof. (Ord. 99-1966. Passed 5-4-99.)
1123.18 BUILDING, MAIN.
“Building, Main” means the building in which is conducted on the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which the same is located if the lot is used primarily for residential purposes. (Ord. 99-1966. Passed 5-4-99.)
1123.19 CELLULAR OR WIRELESS COMMUNICATION SYSTEMS.
“Cellular or Wireless Communication Systems” means any structure or device, including accessory structures, used to receive or transmit electromagnetic waves between cellular or digital phones, pagers and ground wired communication systems including both directional antennas such as panels, microwave dishes, satellite dishes and omni-directional antennas such as whips and other equipment utilized to serve personal communication systems.
(Ord. 99-1966. Passed 5-4-99.)
1123.20 CEMETERY.
“Cemetery” means land used for the burial of the human dead and dedicated for cemetery purposes, including columbarium, crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.
(Ord. 99-1966. Passed 5-4-99.)
1123.21 CHILD DAY CARE CENTER.
“Child Day Care Center” means any place in which child day-care or publicly funded child day-care is provided, with or without compensation, for thirteen (13) or more children at any one time; or any place that is not the permanent residence of the licensee or administrator in which child day-care or publicly funded child day-care is provided, with or without compensation, for seven (7) to twelve (12) children at any one time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the center shall be counted.
(Ord. 99-1966. Passed 5-4-99.)
1123.22 CLINIC.
“Clinic” means a facility used for the care, diagnosis, and treatment of sick, ailing, infirm and injured persons and those who are in need of medical and surgical attention, but who are not provided with board or room nor kept overnight on the premises. This use may include, but is not limited to, offices for doctors, dentists, chiropractors, psychologists, and psychiatrists.
(Ord. 99-1966. Passed 5-4-99.)
1123.23 CLUB.
“Club” means a facility owned or operated by a corporation, association, person or persons for social or recreational purposes on a non-profit basis.
(Ord. 99-1966. Passed 5-4-99.)
1123.24 CLUSTER HOUSING.
“Cluster Housing” means a planned development where housing is grouped together to create a common open space or to preserve environmentally sensitive areas. Cluster housing may mean single family dwellings located on smaller lots or two (2) to three (3) dwellings connected through common walls.
(Ord. 99-1966. Passed 5-4-99.)
1123.25 COMMON OPEN SPACE.
“Common Open Space” means land within or related to a development, not individually owned by occupants of the development, which is designed and intended for the common use and enjoyment of the occupants of the development.
(Ord. 99-1966. Passed 5-4-99.)
1123.26 CONTINUING CARE RETIREMENT FACILITY .
“Continuing Care Retirement Facility” means a housing development that is planned, designed, and operated to provide a full range of accommodations and services for older adults, including independent living, congregate housing (self-contained apartments) and medical care.
(Ord. 99-1966. Passed 5-4-99.)
1123.27 CONVENIENCE STORE.
“Convenience Store” means a small scale retail store used for the sale of goods used on an everyday basis by consumers including, but not limited to pre-packaged food products, household items, newspapers and magazines.
(Ord. 99-1966. Passed 5-4-99.)
“Convenience Store with Gas Pumps and/or Food Service” means a small scale retail store used for the sale of goods used on an everyday basis by consumers including, but not limited to pre-packaged food products, household items, newspapers and magazines. Such store may also include gasoline pumps and/or an area used for food service provided by a restaurant.
(Ord. 99-1966. Passed 5-4-99.)
1123.29 COUNCIL.
“Council” means the City Council of the City of Milford.
(Ord. 99-1966. Passed 5-4-99.)
1123.30 DRIVE-THROUGH FACILITY.
“Drive-Through Facility” means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
(Ord. 99-1966. Passed 5-4-99.)
1123.31 DWELLING.
“Dwelling” means any building or portion thereof designed or used exclusively as the residence or sleeping place of one (1) or more persons, but not including a tent, cabin, trailer or trailer coach, mobile home, boarding or rooming houses, or a room in a hotel or motel.
(Ord. 99-1966. Passed 5-4-99.)
1123.32 DWELLING, SINGLE-FAMILY.
“Dwelling, Single-Family” means a detached dwelling designed for or occupied by one (1) family only.
(Ord. 99-1966. Passed 5-4-99.)
1123.33 DWELLING, TWO-FAMILY.
“Dwelling, Two-Family” means a dwelling designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each.
(Ord. 99-1966. Passed 5-4-99.)
1123.34 DWELLING, MULTI-FAMILY.
“Dwelling, Multi-Family” means a dwelling designed for or occupied by three (3) or more families, with separate housekeeping and cooking facilities for each.
(Ord. 99-1966. Passed 5-4-99.)
1123.35 DWELLING UNIT.
“Dwelling Unit” means one (1) room, or a suite of two (2) or more rooms, designed for or used by one (1) family for living or sleeping purposes and having only one (1) kitchen or kitchenette.
(Ord. 99-1966. Passed 5-4-99.)
1123.36 EDUCATIONAL FACILITIES.
“Educational Facilities” means a public or private facility that provides a curriculum of elementary, secondary, or collegiate level academic instruction, including kindergartens, elementary schools, junior high schools, high schools, technical and collegiate level schools.
(Ord. 99-1966. Passed 5-4-99.)
“Essential Services” means the erection, construction, alteration or maintenance of public utilities by private companies, the City of Milford or other governmental agencies. Such public utilities may include, but are not limited to, underground gas, electrical, communications, steam or water transmission or distribution systems, and wastewater collection systems or sites. Such services may include poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or other similar equipment and accessories which are reasonably necessary for the furnishing of essential services. (Ord. 99-1966. Passed 5-4-99.)
1123.38 FAMILY.
“Family” means a person living alone, or two (2) or more persons living together as a single housekeeping unit in a dwelling unit.
(Ord. 99-1966. Passed 5-4-99.)
1123.39 FAMILY DAY CARE HOME, TYPE A.
“Family Day Care Home, Type A” means a permanent residence of the administrator in which child day-care or publicly funded child day-care is provided for seven (7) to twelve (12) children at one time or a permanent residence of the administrator where child day-care is provided for four (4) to twelve (12) children at one time if four (4) or more children are under two (2) years of age. In counting children for the purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted. The term "Type A family day-care home" does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(Ord. 99-1966. Passed 5-4-99.)
1123.40 FAMILY DAY CARE HOME, TYPE B.
“Family Day Care Home, Type B” means a permanent residence of the authorized provider in which child day-care is provided for one (1) to six (6) children at one time and in which no more than three (3) children are under two (2) years of age at one time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type B home shall be counted. Child Care "Type B family day-care home" does not include a residence in which the needs of children are administered to, if all the children whose needs are being administered to are siblings of the same immediate family and the residence is their home.
(Ord. 99-1966. Passed 5-4-99.)
1123.41 FENCE.
“Fence” shall mean an artificial barrier or divider constructed to prevent escape or intrusion, to mark a boundary, to protect privacy, or to enclose an area.
(Ord. 99-1966. Passed 5-4-99.)
1123.42 FINANCIAL INSTITUTION.
“Financial Institution” mean any building, property or activity of which the principal use or purpose of which is the provision of financial services including, but not limited to, banks, credit unions, savings and loan institutions, and mortgage companies.
(Ord. 99-1966. Passed 5-4-99.)
1123.43 FLOODPLAIN.
“Floodplain” means that land, including the flood fringe and the floodway, subject to inundation by the regional flood of a 100-year frequency as determined by the Federal Emergency Management Agency (FEMA).
(Ord. 99-1966. Passed 5-4-99.)
1123.44 FLOODWAY.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Floodways shall be determined by the Federal Emergency Management Agency (FEMA).
(Ord. 99-1966. Passed 5-4-99.)
1123.45 FLOOR AREA.
“Floor Area” means the sum of the gross horizontal areas of each floor of the structure measured from the exterior faces of the exterior walls or from the centerline of common walls separating two (2) buildings. The "floor area" of a building shall include all livable spaces including the basement floor area when more than one-half (½) of the basement height is above the finished lot grade level at the front of the building; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses shall also be included in the calculation of the floor area. Garages shall not be included in the floor area of a structure.
(Ord. 99-1966. Passed 5-4-99.)
1123.45.1 FOOD TRUCK.
“Food Truck” means a licensed, motorized vehicle or mobile food unit which is temporarily stored on a privately owned lot where food items are sold to the general public.
(Ord. 99-1966. Passed 5-4-99.)
1123.46 FUNERAL HOME.
“Funeral Home” mean a fixed place for the care, preparation for burial, or disposition of dead human bodies or the conduction of funerals.
(Ord. 99-1966. Passed 5-4-99.)
1123.47 GARAGE, COMMERCIAL PARKING.
“Garage, Commercial Parking” means a surface parking or a parking structure use which provides one (1) or more parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this chapter. This land use type shall not include parking facilities accessory to a principally permitted use and shall include both for profit and not for profit facilities.
(Ord. 99-1966. Passed 5-4-99.)
1123.48 GARAGE, RESIDENTIAL.
“Garage, Residential” means a detached or semi-detached accessory building or portion of the principal building used for the storage of vehicles by the occupants of the premises. Such uses shall be accessory to residential uses only.
(Ord. 99-1966. Passed 5-4-99.)
1123.49 GOVERNMENT BUILDING.
“Government Building” means a structure or portion of a structure owned, operated or controlled by a government agency for the performance of certain specialized governmental activities required for its day to day function.
(Ord. 99-1966. Passed 5-4-99.)
1123.50 GROUP HOME.
“Group Home” means any community residential facility, licensed and/or approved and regulated by the State of Ohio, which provides rehabilitative or habilitative services as indicated under Ohio R.C. 3722.
(Ord. 99-1966. Passed 5-4-99.)
1123.51 HOME OCCUPATION.
“Home Occupation” means any occupation, profession, activity or use which is customarily incidental to the principal use of the premises and is conducted by a resident occupant which does not alter the exterior of the property or affect the residential character of the neighborhood. (Ord. 99-1966. Passed 5-4-99.)
1123.52 HOSPITAL.
“Hospital” means an institution providing health services primarily for human in-patient medical and surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices that are an integral part of the facility.
(Ord. 99-1966. Passed 5-4-99.)
1123.53 HOTEL OR MOTEL.
“Hotel or Motel” means a building or buildings providing short-term accommodations for transient guests in which, access to each rental unit is provided directly through an exterior door or by an entrance connected to a common interior hall leading to the exterior. Hotels and motels may also provide accessory services such as restaurants, meeting rooms and recreational facilities including pools. (Ord. 99-1966. Passed 5-4-99.)
1123.54 HOUSEKEEPING UNIT.
“Housekeeping Unit” means one (1) or more persons occupying a dwelling unit and living as a single group, and doing their own cooking on the premises as distinguished from a group occupying a bed and breakfast lodging establishment, hotel or motel.
(Ord. 99-1966. Passed 5-4-99.)
1123.55 LIGHT MANUFACTURING ESTABLISHMENT.
“Light Manufacturing Establishment” means the assembling, altering, fabricating, finishing, processing or the treatment or storage of a product within a fully enclosed building and which does not utilize hazardous or dangerous chemicals or processes.
(Ord. 99-1966. Passed 5-4-99.)
1123.56 LOADING SPACE.
“Loading Space” means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
(Ord. 99-1966. Passed 5-4-99.)
1123.57 LOT.
“Lot” means a parcel of land, including the open spaces required by this Zoning Ordinance, occupied or intended for occupancy by a use permitted in this Zoning Ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1123.58 LOT, CORNER.
“Lot, Corner” means a lot which abuts two (2) or more streets at their intersection or at two (2) or more parts of the same street which, in either case, form an interior angle of less than 135 degrees. (Ord. 99-1966. Passed 5-4-99.)
1123.59 LOT, DEPTH.
“Lot, Depth” means the average horizontal distance between the front and rear lot lines.
(Ord. 99-1966. Passed 5-4-99.)
1123.60 LOT, DOUBLE FRONTAGE.
“Lot, Double Frontage” means a lot having frontage on two (2) streets not at an intersection, as distinguished from a corner lot.
(Ord. 99-1966. Passed 5-4-99.)
1123.61 LOT, PANHANDLE.
“Lot, Panhandle” means a lot whose only frontage on a public street is through a narrow strip of land which is generally wide enough to accommodate a driveway but too narrow to accommodate any structures. The narrow strip of land is referred to as the panhandle and the balance of the lot is referred to as the body. These lots are also referred to as "flag lots."
(Ord. 99-1966. Passed 5-4-99.)
1123.62 LOT AREA.
“Lot Area” means the horizontal area contained within the lot lines.
(Ord. 99-1966. Passed 5-4-99.)
1123.63 LOT LINES.
“Lot Lines” means the property lines bounding the lot.
(Ord. 99-1966. Passed 5-4-99.)
1123.64 LOT LINE, FRONT.
“Lot Line, Front” means the line separating the lot from the legally dedicated public street, or, if in an unplatted area, from the street easement or right-of-way.
(Ord. 99-1966. Passed 5-4-99.)
1123.65 LOT LINE, REAR.
“Lot Line, Rear” means the line opposite and most distant from the front lot line. On corner lots, the rear lot line is the narrowest lot line opposite the public right-of-way.
(Ord. 99-1966. Passed 5-4-99.)
1123.66 LOT LINE, SIDE.
“Lot Line, Side” means any lot line other than a front or rear lot line.
(Ord. 99-1966. Passed 5-4-99.)
1123.67 LOT OF RECORD.
“Lot of Record” means a lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder, or a parcel of land the deed to which was on record on or prior to the effective date of this Zoning Ordinance. For the purpose of these regulations, any plan of a subdivision which has been approved by official action of the Planning Commission on or before the effective date of this Zoning Ordinance shall have the same status as if the subdivision plan was officially recorded in the office of the recorder of Clermont and/or Hamilton County, Ohio. (Ord. 99-1966. Passed 5-4-99.)
1123.68 LOT WIDTH.
“Lot Width” means the horizontal distance of the lot at the building setback line.
(Ord. 99-1966. Passed 5-4-99.)
1123.69 MAINTENANCE.
“Maintenance” means the cleaning, painting, repair or replacement of defective parts of a building in a manner that does not alter the basic appearance or structure of the building.
(Ord. 99-1966. Passed 5-4-99.)
1123.70 MANUFACTURED HOUSING.
“Manufactured Housing” means a factory built single family structure that meets the Department of Housing and Urban Development (HUD) National Manufactured Housing Construction and Safety Standards and is located on a permanent foundation. This definition shall also include any pre-fabricated units or units designed for use as a dwelling that may not conform in all respects to the City of Milford Building Code for dwellings, or that may be exempt from the Building Department inspections during construction.
(Ord. 99-1966. Passed 5-4-99.)
1123.70.1 MASSAGE THERAPY ESTABLISHMENT.
“Massage Therapy Establishment” means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of Ohio. All Massage Therapy establishments shall possess the necessary licenses or certifications through the State of Ohio.
(Ord. 99-1966. Passed 5-4-99.)
1123.71 MICROBREWERY.
“Microbrewery” means an establishment primarily engaged in the production and distribution of beer, ale, or other malt beverages, and which may include accessory uses such as tours of the microbrewery, retail sales, dining, and/or on-site alcohol consumption, e.g., a "taproom." Annual beer production shall not exceed 15,000 barrels per year.
(Ord. 99-1966. Passed 5-4-99.)
1123.71.1 MICRODISTILLERY.
“Microdistillery” means an establishment wherein any wines or liquors are manufactured for sale, not to exceed 5,000 gallons per year and generally referred to as a craft, boutique, or artisan distillery. Microdistilleries may or may not include an on-site tasting room, and may or may not operate in conjunction with an on-site restaurant or bar.
(Ord. 99-1966. Passed 5-4-99.)
1123.72 MIXED USE.
“Mixed Use” means a combination of at least one residential apartment and another permitted or conditionally permitted use within a district, as approved by the Planning Commission, in the same building, on the same premises.
(Ord. 99-1966. Passed 5-4-99.)
1123.73 MOBILE HOME.
“Mobile Home” means a manufactured housing structure of vehicular, portable design built on a chassis, and designed to be moved from one site to another, including multiple units that may be joined into one unit. Mobile homes are to be used with or without a permanent foundation as a permanent or semi-permanent dwelling. Such units do not meet the Department of Housing and Urban Development (HUD) National Manufactured Housing Construction and Safety Standards and as such are not considered a dwelling under this Zoning Ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1123.74 MOTOR VEHICLE.
“Motor Vehicle” means a motorized vehicle including, but not limited to, automobiles, motorcycles, trucks, tractors, trailers, semi-trailer, buses, and farm implements, whether self-propelled or designed to be pulled, pushed or carried by another motor vehicle.
(Ord. 99-1966. Passed 5-4-99.)
1123.75 NURSING HOME/CONVALESCENT HOME.
“Nursing Home/Convalescent Home” means a building or group of buildings, public or private, licensed by the State of Ohio, which provides maintenance, personal care or nursing to the ill, physically infirm, convalescing, or aged persons who are not related by blood or marriage to the operator. The definition of a nursing or convalescent home does not include hospitals, clinics or similar institutions which are devoted primarily to the diagnosis and treatment of the sick or injured. (Ord. 99-1966. Passed 5-4-99.)
1123.76 OFFICE.
“Office” means a building or portion thereof wherein services are performed involving predominately administrative, professional or clerical operations including, but not limited to, attorney, accountant and architectural offices.
(Ord. 99-1966. Passed 5-4-99.)
1123.77 OPEN SPACE.
“Open Space shall mean land used for resource protection, passive recreation, amenity and/or buffering. See Section 1123.25, Common Open Space.
(Ord. 99-1966. Passed 5-4-99.)
1123.78 OUTDOOR EATING ESTABLISHMENT.
“Outdoor Eating Establishment” means a restaurant which provides tables outside where patrons may sit and eat.
(Ord. 99-1966. Passed 5-4-99.)
1123.79 PARKING LOT.
“Parking Lot” means a parcel of land devoted to unenclosed parking spaces.
(Ord. 99-1966. Passed 5-4-99.)
1123.80 PARKING SPACE.
“Parking Space” means a permanently surfaced area, enclosed in the main building or in an accessory building or unenclosed, sufficient in size to store one standard motor vehicle, and if the space is unenclosed, the parking space shall be a minimum of nine (9) feet by eighteen (18) feet, in addition to a permanently surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of a motor vehicle.
(Ord. 99-1966. Passed 5-4-99.)
1123.81 PERSONAL SERVICE ESTABLISHMENT.
“Personal Service Establishment” means an establishment engaged primarily in providing services involving the care of a person or apparel, such as; shoe repairs, laundry and dry- cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services. This does not include massage parlors, health care services, nor funeral services.
(Ord. 99-1966. Passed 5-4-99.)
1123.82 PLANNED DEVELOPMENT.
“Planned Development” means an area of land in which a variety of housing types, commercial uses and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.
(Ord. 99-1966. Passed 5-4-99.)
1123.83 PLAT.
“Plat” means a map or other scale drawing of a lot, or other parcel of ground, showing shape and dimensions.
(Ord. 99-1966. Passed 5-4-99.)
1123.84 PUBLIC STREET OR ROAD.
“Public Street or Road” means a thoroughfare that has been dedicated, whether or not it has been constructed to City standards, as approved by the City Engineer and accepted by Council.
(Ord. 99-1966. Passed 5-4-99.)
1123.85 RECREATIONAL AREA, PRIVATE.
“Recreational Area, Private” means land or facilities operated as a business open to the general public for a general fee including, but not limited to: rollerblade rental, pay-to-play athletic fields, golf courses, courts, ice skating rinks and swimming pools.
(Ord. 99-1966. Passed 5-4-99.)
1123.86 RECREATIONAL AREA, PUBLIC.
“Recreational Area, Public” means any land or facility operated by a government or non-profit organization open to the public including, but not limited to: picnic areas, bike/hike trails, public golf courses, playgrounds, and athletic fields.
(Ord. 99-1966. Passed 5-4-99.)
1123.87 RECREATIONAL VEHICLE.
“Recreational Vehicle” means any privately owned boat, boat trailer, folding tent trailer, personal water craft, motorized home, pick-up camper, snow mobile, travel trailer, or other similar vehicle. (Ord. 99-1966. Passed 5-4-99.)
1123.88 RELIGIOUS PLACES OF WORSHIP.
“Religious Places of Worship” means an institution that a congregation of people regularly attends to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denomination are held.
(Ord. 99-1966. Passed 5-4-99.)
1123.89 RESEARCH AND DEVELOPMENT LABORATORIES.
“Research and Development Laboratories” means a building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except as incidental to the main purpose of the laboratory.
(Ord. 99-1966. Passed 5-4-99.)
1123.90 RESTAURANT.
“Restaurant” means an establishment with table service whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state, in individual servings, or in non-disposable containers, provided that no drive-through window is permitted. (Ord. 99-1966. Passed 5-4-99.)
1123.91 RESTAURANT, FAST FOOD.
“Restaurant, Fast Food” means an establishment whose principal business is the sale of prepared food or rapidly prepared food, in disposable containers and without table service, directly to the consumer in a ready to consume state.
(Ord. 99-1966. Passed 5-4-99.)
1123.92 RENTAL HALL.
“Rental Hall” means a building that is leased to groups for parties, meetings and other functions. Such definition shall not include residential or commercial garages.
(Ord. 99-1966. Passed 5-4-99.)
1123.93 RETAIL BUSINESS.
“Retail Business” means any business primarily selling goods, wares or merchandise directly to the ultimate customer for direct consumption and not for resale.
(Ord. 99-1966. Passed 5-4-99.)
1123.94 RIGHT-OF-WAY.
“Right-of-Way” means land dedicated to or owned by the public for use as a roadway, walk or other way.
(Ord. 99-1966. Passed 5-4-99.)
1123.95 ROADSIDE PRODUCE STAND.
“Roadside Produce Stand” means any small structure or land used for the sale of produce by farmers on the land where the produce is grown.
(Ord. 99-1966. Passed 5-4-99.)
1123.96 SENSITIVE AREAS.
“Sensitive Areas” means areas of land or water that are sensitive to changes in the environment. Such uses include, but are not limited to floodways, floodplain areas, rivers and other water courses, and mature forests.
(Ord. 99-1966. Passed 5-4-99.)
1123.97 SETBACK.
“Setback” means a line drawn parallel to a lot line at a distance equal to the depth of a required yard setback.
(Ord. 99-1966. Passed 5-4-99.)
1123.98 SIGN.
“Sign” means an outdoor advertising structure, device or visual communication designed or intended to convey information to the public in written or pictorial form.
(Ord. 99-1966. Passed 5-4-99.)
1123.99 STORY.
“Story” means that portion of a building, other than a basement as defined in Section 1123.12, included between the surface of any floor and the surface of the floor above it.
(Ord. 99-1966. Passed 5-4-99.)
1123.100 STORY, HALF.
“Story, Half” means a space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than two-thirds (2/3) of the floor area is finished off for use, or a basement.
(Ord. 99-1966. Passed 5-4-99.)
1123.101 STREET.
“Street shall mean all property dedicated for public street, highway, freeway or roadway purposes or subject to public easements.
(Ord. 99-1966. Passed 5-4-99.)
1123.102 STRUCTURE.
“Structure” means anything constructed or erected, having permanent location on or in the ground or attached to something having a permanent location on or in the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, back stops for athletic fields or courts.
(Ord. 99-1966. Passed 5-4-99.)
1123.103 STRUCTURAL ALTERATION.
“Structural Alteration” means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area or cubical content of the building.
(Ord. 99-1966. Passed 5-4-99.)
1123.104 SWIMMING POOL.
“Swimming Pool” means an outdoor pool, pond, lake or open tank intended for bathing or recreational purposes, but not including farm ponds or fish pools. For the purposes of these zoning regulations, such use shall not be located within a completely enclosed building, and shall contain, or normally be capable of containing water to a depth at any point greater than one and one-half (1½) feet.
(Ord. 99-1966. Passed 5-4-99.)
1123.105 TAVERN.
“Tavern” means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may be available for consumption on the premises.
(Ord. 99-1966. Passed 5-4-99.)
1123.106 THEATER.
“Theater” means any building or part of a building used for the showing of motion pictures or for dramatic, dance, musical, live or pre-recorded performances.
(Ord. 99-1966. Passed 5-4-99.)
1123.107 TRADITIONAL NEIGHBORHOOD RESIDENTIAL.
“Traditional Neighborhood Residential” means a planned development reflecting neo-traditional neighborhood styles with smaller lot areas, shorter front yard setbacks, sidewalks, front porches on houses, a grid style street network, and garages in the rear of the house with access by an alley. Emphasis is placed on the pedestrian and resident with less of an emphasis on the automobile. (Ord. 99-1966. Passed 5-4-99.)
1123.108 USE.
“Use” means the purpose for which land or a building or structure is arranged, designed, or intended or for which either land or a building or structure is, or may be, occupied or maintained. (Ord. 99-1966. Passed 5-4-99.)
1123.109 USE, CONDITIONAL.
“Use, Conditional” means a use which is permitted in a district only if a zoning certificate therefore is expressly authorized by the Planning Commission in accordance with the conditional use provisions in this Ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1123.110 USE, NON-CONFORMING.
“Use, Non-Conforming” means any building or land being lawfully used in a manner contrary to the Zoning Ordinance, such use having begun and having been a lawful use prior to the effective date of said Ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1123.111 VARIANCE.
“Variance” means a relaxation of the terms of the Zoning Ordinance where such variance shall not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Zoning Ordinance would result in unnecessary and undue hardship.
(Ord. 99-1966. Passed 5-4-99.)
“Warehouse” means an establishment primarily engaged in the storage of merchandise, goods and materials.
(Ord. 99-1966. Passed 5-4-99.)
1123.113 WHOLESALE BUSINESS.
“Wholesale Business” means any business primarily involved in the storage and selling of goods, wares, merchandise or materials to retail establishments rather than to customers.
(Ord. 99-1966. Passed 5-4-99.)
1123.114 YARD.
“Yard” means an open space on the same lot or acreage with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot or acreage line and the main building shall be used.
(Ord. 99-1966. Passed 5-4-99.)
1123.115 YARD, FRONT.
“Yard, Front” means a yard extending across the front of a lot or acreage between the side property lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entranceway.
(Ord. 99-1966. Passed 5-4-99.)
1123.116 YARD, REAR.
“Yard, Rear” means a yard extending across the full width of the lot between the rear lot line and the principal structure or any projection thereof, other than steps, unenclosed balconies, or unenclosed porches. On both corner and interior lots and acreage, the rear yard shall in all cases be the opposite end of the property from the front yard.
(Ord. 99-1966. Passed 5-4-99.)
1123.117 YARD, SIDE.
“Yard, Side” means a yard between the main building and the side line of the lot or acreage and extending from the front yard or front property line to the rear yard or rear property line. (Ord. 99-1966. Passed 5-4-99.)
1123.118 ZONING INSPECTOR.
“Zoning Inspector” means the enforcer of the Milford Zoning Ordinance, Hamilton and Clermont Counties, Ohio, as appointed by the Milford City Manager.
(Ord. 99-1966. Passed 5-4-99.)
1123.119 ZONING MAP.
“Zoning Map” means the zoning map of the City of Milford, together with all amendments subsequently adopted.
(Ord. 99-1966. Passed 5-4-99.)
1125.01
Compliance required.
1125.02
Existing building or uses.
1125.03
Restoration.
1125.04
Pending applications.
1125.05
Permitted uses; determination of similar uses.
1125.06
Enforcement by Zoning Inspector.
1125.07
Filing plans for zoning certificates.
1125.08
Use prohibited without zoning certificate.
1125.09
Excavation or construction permit.
1125.10
Zoning Inspector to act within thirty days.
1125.11
Zoning compliance certificate.
1125.12
Fees.
1125.99
Violations and penalty.
1125.01 COMPLIANCE REQUIRED.
After the date of the enactment of this Zoning Ordinance, no lot, building or structure shall be used, and no building or structure or part thereof shall be constructed, extended, enlarged or altered except in conformity with this Zoning Ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1125.02 EXISTING BUILDING OR USES.
Any lot, building or structure being used in a manner or for a purpose which does not conform to this Zoning Ordinance, may continue to be used in such manner or for such purpose. Renewal or change of title of possession, or right of possession, or lease of any such lot, building or structure shall not prevent the continuation of the non-conforming use in accordance with Chapter 1197, Non-Conforming Uses.
(Ord. 99-1966. Passed 5-4-99.)
1125.03 RESTORATION.
Buildings or structures that may be declared unsafe for human habitation by the proper authorities may be strengthened or restored to a safe condition.
(Ord. 99-1966. Passed 5-4-99.)
1125.04 PENDING APPLICATIONS.
Building permits, for which applications have been filed in the office of the Building Inspector prior to the date of enactment of this Zoning Ordinance, shall be issued. Changes in the plans, construction, size or designated use of any building, structure or part thereof, shall be considered void if, within thirty days after the enactment of this Zoning Ordinance, construction has not started. Such construction shall be diligently continued to completion and a zoning compliance permit shall be issued for the use for which the building or structure was originally designated. (Ord. 99-1966. Passed 5-4-99.)
1125.05 PERMITTED USES; DETERMINATION OF SIMILAR USES.
No use other than those specifically listed in this Zoning Ordinance shall be permitted in the City excepting those uses which, in the judgment of the Planning Commission, are of the same character as those listed for a district. Any use so permitted shall thereafter be regarded as a permitted use. (Ord. 99-1966. Passed 5-4-99.)
1125.06 ENFORCEMENT BY ZONING INSPECTOR.
There is hereby established the office of Zoning Inspector. It shall be the duty of the Zoning Inspector to enforce this Zoning Ordinance in accordance with the administrative provisions of this Zoning Ordinance.
In addition to the above authority and duties, the Zoning Inspector shall also be responsible for the following:
(a) Maintain records of all zoning permits;
(b) Conduct inspections of buildings, structures and uses of land;
(c) Determine compliance with the terms of this Zoning Ordinance; and
(d) Provide such technical assistance as may be required by the Planning Commission, and the Board of Zoning Appeals.
All departments, officials and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Zoning Ordinance and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Zoning Ordinance. Any permit or license, issued in conflict with the provisions of this Zoning Ordinance shall be null and void.
(Ord. 99-1966. Passed 5-4-99.)
1125.07 FILING PLANS FOR ZONING CERTIFICATES.
Every application for a zoning certificate shall be accompanied by plans, in duplicate, drawn to a scale no smaller than four hundred (400) feet to one (1) inch, in black line or blue print, illustrating the following:
(a) The actual shape and dimensions of the lot to be built upon or to be changed in its use in whole or in part;
(b) The exact location, size and height of any building or structure to be erected or altered;
(c) The existing and intended use of each building or structure or part thereof;
(d) The number of families or dwellings units the building is designed to accommodate;
(e) When no buildings are involved, the location of the present use and proposed use to be made of the lot; and
(f) Any other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.
One (1) copy of such plans shall be returned to the owner after the plans have been approved by the Zoning Inspector, together with a zoning certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actual Survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.
(Ord. 99-1966. Passed 5-4-99.)
1125.08 USE PROHIBITED WITHOUT ZONING CERTIFICATE.
No owner shall use or permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate shall have been issued by the Zoning Inspector. Such zoning certificate shall show that such building or premises or part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Ordinance. It shall be the duty of the Zoning Inspector to issue a zoning certificate, provided he is satisfied that the structure, building or premises, and the proposed use thereof, and the proposed methods of water supply and disposal of sanitary wastes, conform with all the requirements of this Zoning Ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1125.09 EXCAVATION OR CONSTRUCTION PERMIT.
No permit for excavation or construction shall be issued by the City Engineer, unless the plans, specifications and the intended use conform to the provisions of this Zoning Ordinance and the City of Milford Water Management and Sediment Control Regulations.
(Ord. 99-1966. Passed 5-4-99.)
1125.10 ZONING INSPECTOR TO ACT WITHIN THIRTY DAYS.
The Zoning Inspector shall act upon all applications on which he is authorized to act by the provisions of this Zoning Ordinance within thirty (30) days after they are filed in full compliance with all the applicable requirements. He shall either issue a zoning certificate within such thirty (30) days or shall notify the applicant in writing of his refusal of such certificate and the reasons therefor. Failure to notify the applicant in case of such refusal within such thirty (30) days shall entitle the applicant to a zoning certificate, unless the applicant consents to an extension of time. (Ord. 99-1966. Passed 5-4-99.)
1125.11 ZONING COMPLIANCE CERTIFICATE.
No building shall be occupied or any structure used until the Zoning Inspector issues a zoning compliance certificate. The certificate shall certify that such building or structure and the proposed use thereof are in conformity with the provisions of this Zoning Ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1125.12 FEES.
For all zoning certificates, there shall be a fee and the charge therefor shall be as determined by Council in an adopted schedule of fees.
(Ord. 99-1966. Passed 5-4-99.)
1125.99 VIOLATIONS AND PENALTY.
(a) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Zoning Ordinance, the Law Director, Zoning Inspector, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceedings or proceeding to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(b) Any owner, lessee or occupant having control over, being in possession of, or entitled to be in possession of such property who fails to comply with the requirements of this Zoning Ordinance within fifteen (15) days after being notified by the Zoning Inspector of a violation of this Zoning Ordinance, which notice shall be served by registered or certified mail or personally by a police officer of the City upon the person or persons having control and being in possession or entitled to possession of such property, shall be fined not more than two hundred dollars ($200.00) for each offense. Each day of noncompliance with this Zoning Ordinance, from the date of the notice aforesaid, shall constitute a separate and distinct offense, without the necessity of having to serve any further notices of noncompliance.
(c) It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this Zoning Ordinance, or any amendment or supplement thereto adopted by Council. Any person, firm or corporation violating any provision of this Zoning Ordinance, or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars ($200.00). Each day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.
(Ord. 99-1966. Passed 5-4-99.)
1127.01 APPLICABILITY.
Prerequisite to the issuance of a zoning permit, a site plan shall be submitted to the Zoning Inspector for approval by the Planning Commission for all new construction except for single family dwellings and two family dwellings.
(Ord. 99-1966. Passed 5-4-99.)
1127.02 SUBMISSION PROCEDURE.
(a) Site plans shall be prepared by a registered professional engineer, registered architect, registered landscape architect or registered land surveyor.
(b) A preliminary consultation may be held with the Planning Commission to discuss the general concept, use and design of the proposal. If consultation is desired, a generalized sketch or plat of the proposed site plan shall be submitted with five (5) copies at least one (1) week prior to the scheduled consultation and shall consist of location map, boundary, topography and general proposed land uses drawn to scale.
(c) The site plan administrative review procedures shall be the same as those required for preliminary plat review and approval pursuant to the Subdivision Regulations.
(d) Minimum of ten (10) copies of the site plan shall be submitted to the Zoning Inspector for review. Additional copies shall be submitted as determined by the Zoning Inspector. The Planning Commission shall notify the Zoning Inspector of its approval or disapproval of the site plan within sixty (60) days from the date of formal submission to the Commission. The applicant may waive the sixty (60) day limitation and consent to an extension of such period.
(e) Compliance with this Chapter is not required for single-family or two-family dwelling units. (Ord. 99-1966. Passed 5-4-99.)
1127.03 SITE PLAN INFORMATION REQUIREMENTS.
The site plan format and informational requirements for applications are as follows:
(a) Vicinity map showing relationship to surroundings, including existing, proposed or mapped streets within 1,000 feet and municipal boundaries within 1,000 feet of the tract.
(b) Each sheet, numbered and the relationship shown to total number of sheets.
(c) Dimensions in feet and decimal parts.
(d) North arrow.
(e) Boundary survey or survey of record of the property showing courses, distances and Property boundary lines shown as " "
(f) Detailed plans shall be drawn at a scale of one (1) inch equals twenty (20) feet. Site plans greater than three (3) acres shall be drawn at a scale of one (1) inch equals fifty (50) feet or one (1) inch equals 100 feet and may be of one (1) or as many sheets as necessary.
(g) Conditions of concern including water courses, marshes, wooded areas, floodplain, rock outcrops or other environmentally sensitive features shall be shown.
(h) Five (5) foot contour lines showing the existing contour where the slope is less than ten percent (10%) or greater and two (2) foot contour lines showing the existing contour where the slope is greater than ten percent (10%). Elevations based on United States Geological Survey or equivalent adjusted datum. (Source of contour data referenced on site plan; include a benchmark with elevation and location on the plan).
(i) Location, width and names of existing platted streets or other public streets, railroad and utility rights of way, parks, open space areas and municipal corporation lines within or adjoining the tract.
(j) Proposed public improvements, highways or other major improvements planned on or near the site.
(k) Rights of way for all drainage purposes and utilities.
(l) All existing or proposed utilities, including location, grade and size of:
(1) Storm drain (including invert elevations and profiles);
(2) Sewerage facilities (including invert elevations and profiles);
(3) Catch basins;
(4) Drainage ways, channels;
(5) Pumping stations;
(6) Water mains and flow data;
(7) Street lights;
(8) Electric and telephone poles;
(9) Overhead/underground electric, telephone and/or cable television lines;
(10) Fire hydrants;
(11) Sprinkler requirements; and
(12) Direction of, distance to and size of nearest water mains and sewers if not located on or adjacent to the site.
(n) Conditions on adjoining lands; direction and gradient of ground slope, embankments, retaining walls, railroads and towers or other influences when identified by the applicant or City administration to be of concern.
(o) Locations of all existing or proposed buildings, structures, parking facilities and other improvements. Include a scale dimension from the property line to the proposed building.
(p) If an alteration is made to an existing building, structure or other improvement, dotted lines to show features or locations to be abandoned and solid lines to show proposed features.
(q) Building setback lines.
(r) Signature and seal of registered land surveyor, registered (professional engineer, registered architect or registered landscape architect responsible for the accuracy of the site plan.
(s) Drainage calculations and certification (signed and dated by the engineer) regarding drainage.
(t) Legend which clearly indicates existing and proposed improvements and natural features. The legend or title block shall include the following information:
(1) Zoning district;
(2) Tax map number;
(3) Project name;
(4) Developer's name and address;
(5) Owner's name and address;
(6) Scale; and
(7) Date of drawing; date and type of revisions.
(u) Notes which identify;
(1) Board of Zoning Appeals' case number/approval date.
(2) Projected building schedule including estimated start and finish dates;
(3) Number of estimated and proposed parking spaces;
(4) Number of residential units.
A. Single family;
B. Townhouses; and
C. Apartments.
(5) Density; units per acre.
(v) Locations of refuse collection, exterior lighting, fencing and all pedestrian walkways and sidewalks.
(w) Landscaping plan and legend.
(x) For residential developments, documentation on the homeowner's association shall be provided when common open space and buffer areas are provided.
(y) Certificates and statements.
(z) Sedimentation and erosion control plan.
(aa) The developer or engineer shall furnish the City Engineer with "as built" mylar reproducible drawings at the completion of the project.
(bb) A traffic impact study for all retail developments in excess of 10,000 square feet, all office developments in excess of 60,000 square feet, all multi-family developments in excess of 220 units, all single-family developments in excess of 160 units, and any development which will generate more than 100 new inbound or outbound trips during the peak hour. Such traffic impact study should follow the traffic impact study outline in the appendices of the Milford Thoroughfare Plan.
Some of the above informational requirements may be waived at the discretion of the Zoning Inspector. (Ord. 99-1966. Passed 5-4-99.)
1127.04 SITE PLAN REVIEW GUIDELINES.
The following guidelines shall guide the exercise of site planning review by the Planning Commission.
(a) Buildings and open spaces shall be in proportion and in scale with existing structures and spaces in the area within three hundred (300) feet of the development site.
(b) A site that has an appearance of being congested, over built or cluttered can evolve into a blighting influence and therefore shall be avoided.
(c) Open spaces shall be linked together by walkways or planting areas.
(d) Natural separation shall be preserved on the site by careful planning of the streets and clustering of buildings using natural features and open spaces for separation. Existing vegetation removal shall be kept to a minimum.
(e) Screening of intensive uses shall be provided by utilizing landscaping, fences or walls to enclose internal areas.
(f) Buildings shall be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.
(g) In connection with the siting of mid-rise and high-rise buildings, the location shall be oriented to maximize the privacy of the occupants of adjacent buildings.
(h) Short loop streets, cul-de-sacs and residential streets shall be used for access to low density residential land uses in order to provide a safer living environment and a stronger sense of neighborhood identity.
(i) Street location and design shall conform to existing topographic characteristics. Cutting and filling shall be minimized in the construction of streets. Flat as possible grades shall be utilized proximate to intersections.
(j) Curb cuts for driveways shall be located on local streets wherever possible with a minimal number of curb cuts on collector or arterial roads.
(k) Curb cuts shall be located at far as possible from the intersection of two (2) or more streets.
(l) Pedestrian circulation in non-residential areas shall be arranged so that off-street parking areas are located within a convenient walking distance of the use being served. Handicapped parking shall be located as near as possible to the structure. Pedestrian and vehicular circulation shall be separated as much as possible, through crosswalks designated by pavement markings, signalization or complete grade separation.
(m) Path or sidewalk street crossings shall be located where there is good sight distance along the road, away from sharp bends or sudden changes in grade.
(n) Parking lots and garages shall be located in such a way as to provide safe, convenient ingress and egress. Whenever possible there shall be a sharing of curb cuts with other facilities. Parking areas shall be screened and landscaped and traffic islands shall be provided to protect circulating vehicles and to break up the monotony of continuously paved areas.
(o) Establishments with drive-up windows or designed for drive through service shall be located to allow enough automobile waiting space for peak hour operation without interference with ingress or egress or other parking lot circulations.
(p) Adequate landscaping shall be provided throughout the site to create an attractive development, to reduce the amount of impervious surface created and to prevent large expanses of uninterrupted pavement areas.
(q) Signage shall be kept to the minimum amount required and so located as to create an attractive development.
(r) All structures shall comply with Chapter 1309, Ionization Detectors, Sprinklers and Stand Pipes in New Construction, of the Milford Codified Ordinances.
(s) Plans shall be consistent with adopted plans, ordinances and guidelines for the City.
(t) Consistency of proposed building materials and design with the prevailing character of the area and consistency with adopted design requirements established by the City for any district.
(u) All points of ingress/egress shall conform to the adopted corridor access control plans of the City, in locations where such plans are applicable.
(Ord. 99-1966. Passed 5-4-99.)
1127.05 APPEALS.
Where it is alleged that the Planning Commission has made an error in their decision on an application, the applicant may appeal the recommendation to the Board of Zoning Appeals within twenty (20) days of the original recommendation from the reviewing body.
(Ord. 99-1966. Passed 5-4-99.)
1129.01 ESTABLISHMENT.
The Planning Commission established by Charter Section 7.01 shall serve as an advisory, planning and technical group for Council, the Board of Zoning Appeals and the administrative officers of the City. (Ord. 99-1966. Passed 5-4-99.)
1129.02 POWERS AND DUTIES.
The Planning Commission shall have as its duties, but not be restricted to, the following items:
(a) The continuous review of the effectiveness and appropriateness of the Zoning Ordinance. This shall include recommending such changes or amendments, as it may consider necessary.
(b) Provide written recommendations for Council, or the Board of Zoning Appeals when requested in compliance with the Zoning Ordinance.
(c) Provide technical and policy advice, as it deems appropriate, to the Zoning Inspector, Board of Zoning Appeals, Council and other agencies of the City Government.
(d) The review and decision on Zoning Certificates within the Milford River District, conditional uses, planned developments and site plans.
(e) To permit the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Ordinance for the district in which it is located; provided that such use shall be located in a substantial structure; and further provided that a zoning certificate for such use shall be granted in the form of a temporary and revocable permit for not more than a twelve month period, subject to such conditions as will safeguard the public health, safety, convenience, comfort, prosperity and general welfare.
(Ord. 99-1966. Passed 5-4-99.)
1131.01 ESTABLISHMENT.
The Board of Zoning Appeals established by Charter Section 8.01 shall have those powers and duties as described in Section 1131.07, Powers of the Board.
(Ord. 99-1966. Passed 5-4-99.)
1131.02 QUORUM AND DECISIONS.
The Board of Zoning Appeals shall consist of five (5) members appointed by City Council. Three (3) members of the Board of Zoning Appeals shall constitute a quorum. The board shall act by resolution; and the concurring vote of at least three (3) members of the Board shall be necessary to:
(a) Reverse any order or determination of the Zoning Administrator;
(b) Decide in favor of an applicant in any matter on which the Board has original jurisdiction under this Zoning Ordinance;
(c) Grant any variance from the requirements stipulated in this Zoning Ordinance and/or the City of Milford Water Management and Sediment Control Regulations.’
(Ord. 99-1966. Passed 5-4-99.)
1131.03 PROCEDURE, MEETINGS AND MINUTES.
The Board of Zoning Appeals shall organize and adopt rules for its own government in accordance with this Zoning Ordinance. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent, or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Clerk of Council and shall be a public record. (Ord. 99-1966. Passed 5-4-99.)
1131.04 APPEALS FILING AND PROCEDURE.
An appeal to the Board of Zoning Appeals may be taken by any person aggrieved by an officer of the City or affected by any decision of the Zoning Administrator, Water Management and Sediment Control (WMSC) Administrator or Planning Commission. Such appeal shall be taken within twenty (20) days after the decision, by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(Ord. 99-1966. Passed 5-4-99.)
1131.05 APPLICATION INITIATION AND PROCEDURE.
An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Ordinance, may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Administrator who shall transmit the same to the Board.
(Ord. 99-1966. Passed 5-4-99.)
1131.06 PUBLIC HEARINGS AND FEES.
(a) The Board of Zoning Appeals shall fix a reasonable time for the public hearing of the application or appeal, give at least ten (10) days' notice, in writing, to the parties in interest, give notice of such public hearing by one (1) publication in one (1) or more newspapers of general circulation in the City at least ten (10) days before the date of such hearing, and decide the same within a reasonable time after it is submitted. At the hearing any party may appear in person or by an attorney.
(b) Each application or appeal shall be accompanied by a check payable to the City of Milford, or a cash payment in the amount established by ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1131.07 POWERS OF THE BOARD.
The powers of the Board of Zoning Appeals shall be:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination by an administrative official in the enforcement of this Zoning Ordinance, as provided in Section 1131.09, administrative Review;
(c) To interpret the provisions of this Zoning Ordinance;
(d) To permit the extension and/or substitution of a non-conforming use as provided in Chapter 1197, Non-Conforming Uses;
(e) To hear and decide an appeal by an applicant for a WMSC permit who allege damages resulting directly from a decision of the Milford Building or Engineering Department or by a requirement or regulation that cannot be met in a specific circumstance.
(f) Such other duties as may be necessary for the administration of the provisions of this Zoning Ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1131.08 INTERPRETATION OF THE ZONING MAP.
Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board of Zoning Appeals, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Ordinance. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Map may be made to the Board and a determination shall be made by the Board. In considering an interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures.
(Ord. 99-1966. Passed 5-4-99.)
1131.09 ADMINISTRATIVE REVIEW.
In considering an appeal from an alleged error in the administration of this Zoning Ordinance and/or the Water Management and Sediment Control Regulations, the Board of Zoning Appeals shall consider the intent and purpose of the provisions of this Zoning Ordinance and WMSC Regulations that apply and the effect of the desired interpretation upon neighboring properties in the public interest. In exercising its power to review such an allegation, the Board may, in conformity with the provisions of statute and of this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, decision or determination made and to that end shall have all powers of the officer from whom the appeal is taken.
(Ord. 99-1966. Passed 5-4-99.)
1131.10 USE VARIANCES PROHIBITED.
For the purpose of this Zoning Ordinance, a use variance is not authorized and shall not be granted. A use variance is defined as a variance that is granted to allow the establishment or expansion of a use of land that is not permitted in the zoning district in which the property is located. (Ord. 99-1966. Passed 5-4-99.)
1131.11 AREA VARIANCES.
(a) Upon receipt of a complete application, the Board of Zoning Appeals may authorize an area variance from the terms of this Code as will not be contrary to the public interest according to the following procedures and the variance standards set forth in this Chapter. Substantial justice requires that the interests of the community, neighborhood and adjoining property owners be given due consideration in each variance case.
(b) Area variances shall be defined as those variances from a zoning regulation that establishes minimum or maximum areas, heights, distances, separation volume or any other United States customary unit of measurement.
(c) Application Requirements. An application for an area variance shall be filed with the Zoning Administrator upon the forms provided by the City, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
(1) Name, address and phone number of applicant(s);
(2) Proof of ownership, legal interest or written authority;
(3) Description of property or portion thereof;
(4) Description or nature of variance requested;
(5) Narrative statements establishing and substantiating the justification for the variance;
(6) Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;
(7) Payment of the application fee;
(8) A list of all property owners lying within 200 feet of any part of the property on which the variance is proposed, including their addresses and permanent parcel numbers;
(9) Any other documents deemed necessary by the Zoning Administrator.
(d) The Board of Zoning Appeals shall hold a public hearing as set forth in Section 1131.06. The Board of Zoning Appeals shall review each application for an area variance to determine if it complies with the purpose and intent of this Code and evidence demonstrates that the literal enforcement of this Code will result in a practical difficulty. A practical difficulty exists whenever a zoning standard unreasonably deprives a landowner of a permitted use of their property. All of the factors set forth in this section do not need to be satisfied; rather, they shall be weighed together in the analysis. The factors to be considered and weighed in determining whether a property owner seeking an area variance has encountered practical difficulties in the use of his property include, but are not limited to:
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to non-conforming and inharmonious uses, structures or conditions;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, and trash pickup;
(6) Whether the property owner purchased the property with knowledge of the zoning restrictions;
(7) Whether special conditions or circumstances exist as a result of actions of the owner;
(8) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(9) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
(10) Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
(e) Requests for Additional Information. The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
(f) Variance Conditions. In authorizing a variance, the Board of Zoning Appeals may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of this Zoning Ordinance and/or the Water Management and Sediment Control Regulations, and in the public interest. In authorizing a variance with attached conditions, the Board may require such evidence and guarantee of bond, as it may deem necessary, that the conditions attached are and shall be complied with. Specifically, the Board may attach one or more of the following conditions to a variance:
(1) Paving;
(2) Landscaping and/or screening fence or wall;
(3) Amount and location of off-street parking, loading and signs;
(4) Direction and intensity of outdoor illumination;
(5) Cleaning and painting;
(6) Control or elimination of smoke, dust, radiation, gas, noise or odor;
(7) Hours of operation;
(8) Activities, material storage and uses shall be conducted within an enclosed structure;
(9) Other conditions as may be appropriate.
(g) If the variance is approved with conditions, the Board shall issue the variance listing the specific conditions upon which the variance was granted. Violations of such conditions shall be enforced in the following manner:
(1) Upon a finding that one (1) or more variance conditions have not been satisfied, the Zoning Administrator shall notify the applicant of the violation in writing by certified mail.
(2) The applicant shall have thirty (30) days from the receipt of the notice of violation to satisfy the variance condition.
(3) Failure to satisfy the condition(s) within the thirty (30) day period shall result in the revocation of the variance approval.
(h) Time Limit. Approved variances that are not acted upon within twelve (12) months shall be considered void. (Ord. 99-1966. Passed 5-4-99.)
1131.12 ADMINISTRATIVE ADJUSTMENTS.
(a) The administrative adjustment procedures of this section are intended to provide a streamlined approval procedure for minor modifications of selected zoning standards. Administrative adjustments are intended to:
(1) Allow development that is more in keeping with the established character of the neighborhood, as opposed to development that is in strict compliance with zoning standards;
(2) Provide flexibility that will help promote rehabilitation and reuse of existing buildings when such flexibility will not adversely affect nearby properties or neighborhood character; and
(3) Provide limited flexibility for new construction when necessary to address unusual site and development conditions when such flexibility will not adversely affect nearby properties or neighborhood character.
(b) Administrative adjustments may only be requested for the following zoning standards:
(1) Reducing the minimum front, side, and rear yard setbacks as required by standards of the zoning district by the greater of ten percent (10%) of the requirement or one (1) foot;
(2) Increasing the maximum height permitted by the zoning standards of the zoning district for principal and accessory structures by the greater of ten percent (10%) of the requirement or one (1) foot;
(3) Increasing the maximum height of freestanding signs permitted by the standards of the zoning district by the greater of ten percent (10%) of the requirement or one (1) foot;
(4) Reducing the minimum setback of freestanding signs permitted by the standards of the zoning district by the greater of ten percent (10%) of the requirement or one (1) foot.
(c) Administrative Adjustment Procedure.
(1) The procedures and requirements set forth in Section 1131.11(c) shall be utilized for administrative adjustment applications.
(2) The Zoning Administrator is authorized to review and approve or deny an application for an administrative adjustment in accordance with this section.
(3) The Zoning Administrator may remit any application for an administrative adjustment to the Board of Zoning Appeals for review by the Board. In this instance, the Board of Zoning Appeals shall maintain the authority to decide the remitted application. The public hearing procedure as set forth in Section 1131.06 will be required for administrative adjustment applications before the Board of Zoning Appeals.
(4) An aggrieved applicant may appeal the Zoning Administrator's final decision on an administrative adjustment application in accordance with Section 1131.09.
(d) Administrative Adjustment Standards of Review. Administrative adjustments shall be approved upon a finding the applicant demonstrates the following standards are met:
(1) General. The requested administrative adjustment is not inconsistent with the character of the development in the surrounding area, and will not result in incompatible uses.
(2) Mitigates Adverse Impacts. Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent practicable.
(3) Technical Nature. The administrative adjustment seeks relief from an area (dimensional) standard and is either:
A. Required to compensate for some unusual aspect of the site that is not shared by landowners in general;
B. Supporting an objective or goal from the purpose and intent statements of the zoning district where located.
(4) Not Substantially Interfere with Convenient and Enjoyable Use of Adjacent Land. The administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent parcels, and will not pose a danger to the public health or safety.
(e) Conditions of Approval. In approving an administrative adjustment, the Zoning Administrator may grant a lesser modification than requested by an applicant, and may impose appropriate conditions on the permit approval in accordance with Section 1131.11(f).
(f) Effect. The issuance of an administrative adjustment shall authorize only the particular administrative adjustment that is approved in the permit. An administrative adjustment, shall run with the land and not be affected by a subsequent change in property ownership.
(Ord. 99-1966. Passed 5-4-99.)
1131.13 DECISIONS OF THE BOARD.
(a) The Board of Zoning Appeals shall decide all applications and appeals within thirty days after the final hearing thereon.
(b) A certified copy of the Board's decision shall be transmitted to the applicant or appellant, and to the Zoning Administrator. Such decision shall be binding upon the Zoning Administrator and observed by him. He shall incorporate the terms and conditions of the decision in the zoning certificate to the applicant or appellant, whenever a certificate is authorized by the Board.
(c) A decision of the Board shall not become final until the expiration of five (5) days from the date such decision is made, unless the Board finds the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(d) Any party adversely affected by the decision of the Board may appeal to the applicable Court of Common Pleas of Clermont or Hamilton County on the ground that the decision was unreasonable or unlawful. The court may affirm, reverse, vacate or modify the decision complained of in the appeal.
(Ord. 99-1966. Passed 5-4-99.)
1131.14 ASSISTANCE FROM OTHER DEPARTMENTS.
The Board of Zoning Appeals may call upon other City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(Ord. 99-1966. Passed 5-4-99.)
1133.01 ZONING ORDINANCE AMENDMENTS.
Council may by ordinance, after recommendation thereon by the Planning Commission and subject to the procedure provided in this Chapter, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereinafter established by this Zoning Ordinance or amendments thereof. It shall be the duty of the Planning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by Council or the Planning Commission on its own motion or by a verified application of one or more of the owners of property within the area proposed to be changed or affected by this Zoning Ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1133.02 PROCEDURE FOR CHANGE.
Applications for any change of the regulations or of district boundaries or classifications of property as shown on the Zoning Map shall be submitted to the Planning Commission, at its public office, upon such forms, and accompanied by such data and information as may be prescribed for that purpose by the Planning Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application for a change of district boundaries or a reclassification of property shall be verified by at least one of the owners of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by Council or by the Planning Commission itself shall be accompanied by its own motion pertaining to such proposed amendment.
(Ord. 99-1966. Passed 5-4-99.)
1133.03 LIST OF PROPERTY OWNERS.
A statement giving the names and addresses of the owners of all properties being considered for such a change and for those properties lying within 200 feet of any part of the exterior boundaries of the property being considered for such a change shall be submitted with the application for a zone change.
(Ord. 99-1966. Passed 5-4-99.)
1133.04 NOTICE AND HEARING.
Before submitting its recommendation on a proposed change of the regulations or reclassification of property to Council, the Planning Commission shall hold at least one (1) public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the City at least thirty (30) days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to this Zoning Ordinance, including text and maps, may be examined.
(Ord. 99-1966. Passed 5-4-99.)
1133.05 RECOMMENDATION TO COUNCIL.
Following such hearing the Planning Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning change requested in the application, or it may recommend that the application not be granted. These recommendations shall then be certified to Council.
(Ord. 99-1966. Passed 5-4-99.)
1133.06 COUNCIL HEARING.
After receiving from the Planning Commission the certification of such recommendations on the proposed changes of the regulations or reclassification of property, and before adoption of an amendment, Council shall hold a public hearing thereon, as required by statute, at least thirty (30) days notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation in the City.
(Ord. 99-1966. Passed 5-4-99.)
1133.07 COUNCIL FINAL ACTION.
Following such hearing and after reviewing the recommendations of the Planning Commission thereon, Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of this Zoning Ordinance or the Zoning Map. Council may overrule the recommendations of the Planning Commission by two-thirds (2/3) vote of the full membership of Council.
(Ord. 99-1966. Passed 5-4-99.)