Moreland Hills City Zoning Code
TITLE FIVE
General Provisions and Administration
1121.01 TITLE.
These rules, regulations, procedures and accompanying maps shall be known, cited and referred to as the Village of Moreland Hills Planning and Zoning Code or Planning and Zoning Code. This Planning and Zoning Code includes standards and/or procedures for planning and developing land within the Village.
(Ord. 2012-21. Passed 7-11-12.)
1121.03 AUTHORITY AND SCOPE.
This Planning and Zoning Code is adopted by the Village pursuant to its authority under the Ohio Revised Code Chapter 713, the Ohio Constitution, and the Village of Moreland Hills Charter. Nothing in this Planning and Zoning Code shall be construed to limit the Village Council in the exercise of all of the powers to zone or redistrict now or hereafter as authorized by the Ohio Revised Code or the Village Charter.
(Ord. 2012-21. Passed 7-11-12.)
1121.05 PURPOSE.
(a) The purpose of this Planning and Zoning Code and the intent of the legislative authority in its adoption is to promote and protect the public health, safety, convenience, comfort, prosperity and the general welfare of the Village and its residents by regulating the use of buildings, other structures and land for residences, public facilities, institutions, business and services; by regulating and restricting the bulk, height, design, percent of lot occupancy and location of buildings; by regulating and limiting population density; and, for the aforesaid purposes, to design districts of such number and dimensions to carry out the objectives of the plans of the Village and to provide procedures for the administration and amendment of this Planning and Zoning Code.
(b) This Planning and Zoning Code is intended to achieve, among others, the following objectives:
(1) To protect the character and values of residential, institutional and public uses, business and commercial uses and to insure their orderly and beneficial development.
(2) To provide adequate open spaces for light, air and outdoor uses, and to prevent excessive concentration of population.
(3) To regulate and control the location and spacing of buildings in relation to the site and to the surrounding property.
(4) To regulate the intensity of uses in relation to streets and to reduce the interference with traffic movements so as to improve public safety.
(5) To guide the future development of the Village so as to bring about the gradual conformity of land and building uses in accordance with the objectives of the Comprehensive Land Use Plan of the Village.
(6) To accomplish the specific intents and goals set forth in the introduction to the respective Chapters.
(7) Encourage compatibility between different land uses and protect the scale and character of existing development from the encroachment of incompatible uses.
(8) Pursue and encourage the preservation and conservation of open space in the Village by promoting development in a manner planned to harmonize with natural surroundings.
(9) To preserve and strengthen the reasonable balance of commercial activities within the Village, so long as they are consistent with the Village's residential character and the foregoing objectives, in order to serve the convenience of the inhabitants of the Village.
(Ord. 2012-21. Passed 7-11-12.)
1121.07 APPLICABILITY.
(a) No structure shall be located, erected, constructed, reconstructed, moved, converted, or enlarged; nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this Planning and Zoning Code as well as the Building Code of Moreland Hills and, when required, after the lawful issuance of the certificates(s) or permit(s) required by this Planning and Zoning Code as well as the Building Code of Moreland Hills.
(b) Existing lots, buildings, structures and uses of land that do not comply with the regulations of this Planning and Zoning Code are subject to the regulations set forth in Chapter 1135.
(c) In the case of subdivisions, no person shall sell any land or authorize the sale of land under that person's control except in accordance with the all of the applicable provisions of this Planning and Zoning Code.
(d) The design and layout of all subdivisions shall conform with the requirements of this Planning and Zoning Code. The subdivider shall submit plans and plats, all in accordance with Title Three, Subdivision Regulations.
(e) No lot, setback, parking area or other space shall be reduced in area or dimensions so as to make such area or dimension less than the minimum required by this Planning and Zoning Code. No part of a setback, parking area or other space provided about or for any building or structure for the purpose of complying with the provisions of this Code shall be included as part of a required setback, parking area, or other space required under this Code for another building or structure.
(Ord. 2012-21. Passed 7-11-12.)
(Ord. 2012-21. Passed 7-11-12.)
1121.09 RELATIONSHIP TO PLANS.
It is the intention of Council that this Planning and Zoning Code implement the planning policies reflected in the Village of Moreland Hills Comprehensive Land Use Plan and other planning documents. While the Council reaffirms its commitment that this Planning and Zoning Code, as amended, be in conformity with adopted planning policies, Council hereby expresses its intent that neither this Planning and Zoning Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.
(Ord. 2012-21. Passed 7-11-12.)
1121.11 RELATIONSHIP TO OTHER LAWS.
The provisions of the Planning and Zoning Code shall supplement any and all laws of the State, the Charter and ordinances of the Village, or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of such Planning and Zoning Code. (Ord. 2012-21. Passed 7-11-12.)
1121.13 SEVERABILITY.
Sections and sub-sections of this Planning and Zoning Code and the several parts or provisions thereof are hereby declared to be independent sections, sub-sections, parts and provisions. If any provision of this Planning and Zoning Code, or amendment thereto, or any application of any provision to particular circumstances is held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Planning and Zoning Code or amendments thereto, or the application of such provision to other circumstances.
(Ord. 2012-21. Passed 7-11-12.)
1121.15 INTERPRETATION AND APPLICATION.
(a) Unless specifically noted otherwise, in interpreting and applying the provisions of this Planning and Zoning Code, these provisions shall be considered the minimum requirements necessary for the promotion of the public health, safety, and general welfare. They shall be liberally construed to further the purposes and objectives set forth herein and the purposes and intent of each district as set forth in each district section.
(b) Except as specifically provided herein, the provisions of this Planning and Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing deed or plat restrictions, ordinances, laws, rules, or permits previously adopted or issued, and shall not be construed as removing or rendering inoperative any deed or land restriction formerly established by restrictive covenants running with the land, easements, or other agreements between parties.
(c) In cases where this Planning and Zoning Code imposes a greater restriction upon the use of buildings or land or upon the height and/or bulk of buildings, or requires larger lot area, yards, setbacks, or other open spaces than are imposed or required by such other laws or ordinances, or by such rules and regulations, the provisions of this Planning and Zoning Code shall govern. Conversely, other regulations shall govern where they are more restrictive in nature than this Planning and Zoning Code.
(d) If the provisions of this Planning and Zoning Code are inconsistent with one another, the more restrictive provision shall control.
(Ord. 2012-21. Passed 7-11-12.)
1123.01 INTERPRETATION.
For the purpose of this Planning and Zoning Code, terms or words used herein shall be interpreted according to this Chapter. In the case of a discrepancy in meaning or implication between the text of this Code and any illustration or caption, the text shall control.
(a) The word "shall" signifies a mandatory requirement, one that is not discretionary; the word "may" signifies a permissive or discretionary requirement; and the word "should" is a preferred requirement.
(b) The word "structure" includes the word "building."
(c) The word "person" includes a firm, association, organization, partnership, trust, company, corporation, or any other legal entity including its agents as well as an individual.
(d) The words "used" and "occupied" include the words "arranged, designed, constructed, altered, or intended to be used."
(e) The word "lot" includes the words "plot" and "parcel."
(f) The words "Board of Appeals" shall mean the Board of Appeals of the Village of Moreland Hills.
(g) The words "the Commission" or "Planning Commission" shall mean the Village of Moreland Hills Planning Commission.
(h) The words "Moreland Hills" shall mean the Village of Moreland Hills, Ohio.
(i) The words "Planning and Zoning Code" and "this Code" means the Planning and Zoning Code of the Village of Moreland Hills, Ohio including Titles Five, Seven, and Eleven of Part Eleven of the Village's Codified Ordinances as well as Title Three of Part Eleven, when applicable.
(j) "Council" means the Village Council of Moreland Hills, Ohio.
(k) The words "Architectural Reviewer" means the Architectural Reviewer of the Village of Moreland Hills.
(l) The word "County" means Cuyahoga County, Ohio.
(m) The words "Village Engineer" and "Engineer" mean the engineer of the Village of Moreland Hills, Ohio.
(n) The words "Building Inspector" or "Building Commissioner" means the individual designated to administer the Planning and Zoning Code of the Village of Moreland Hills, Ohio. A person designated by the Mayor may also perform duties of the Building Inspector.
(o) ORC shall mean the Ohio Revised Code. This Planning and Zoning Code cites specific code sections from the ORC, and while these code sections may change after the adoption of this Planning and Zoning Code, the intent of these referenced sections shall remain.
(p) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(q) "Such as" shall be construed as introducing a typical or illustrative enumeration of uses or examples.
(r) "Regulation" means a rule, restriction or other mandatory provision intended to control, require or prohibit an act.
(s) Whenever a number of days are specified, days shall mean calendar days unless specifically noted otherwise.
(Ord. 2012-21. Passed 7-11-12.)
1123.03 DEFINITIONS.
(a) Words used in this Code are used in their ordinary English usage.
(b) For the purpose of this Planning and Zoning Code, the following terms shall have the meaning herein indicated:
(1) Abut. To physically touch or border upon; or to share a common property line but not overlap. See adjacent.
(2) Adjacent. See abut.
(3) Adult Care Facility. A facility providing personal care services to adults (typically elderly). Such services may include assistance in daily living activities and self-administration of medicine, and preparation of special diets.
A. An adult family home: Providing accommodations for 3 to 5 unrelated adults.
(4) Applicant. See Developer.
(5) Bank. An establishment providing retail banking, credit, and/or mortgage services. This term shall not include a currency exchange, a payday loan agency or a title loan agency.
(6) Basement or cellar. That portion of a building located at least partly underground but having at least 1/2 of its clear floor-to-ceiling height below the average grade of the adjoining ground.
(7) Berm. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
(8) Buffer or buffer yard/area. A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other.
(9) Building. Any structure, which is permanently affixed to the land, having one or more floors and a roof supported by columns or walls, which is completely enclosed and is designed or intended for the shelter or protection of persons, animals, or property. For the purposes of this definition, the ground shall be considered a floor.
A. Building, accessory: A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is incidental and accessory to the principal building or use and which is constructed subsequent to the principal building or principal use of the land, such as but not limited to a detached garage, storage shed, etc.
B. Building, principal: A building occupied by the principal use of the lot on which said building is located.
(10) Building height. The vertical distance, measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for a flat or shed roof; to the decklines of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height shall be measured from the average finished grade at the building walls. See Figure 1.
Figure 1.
Building Height
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(11) Caliper. The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken at diameter-at-breast-height.
(12) Carport. A roofed structure, with a foundation, that provides space for the parking of vehicles and enclosed on not more than three (3) sides.
(13) Cellar. See Basement.
(14) Church. See Place of Worship.
(15) Civic center. Grouping of Moreland Hills municipal and government facilities, including but not limited to administrative offices, the Fire Department, the Police Department, service facilities and associated parks and plazas.
(16) Commercial vehicle. Any self-propelled or towed vehicle used on public streets in intrastate or interstate commerce to transport passengers or property that meets any of the following specifications:
A. The vehicle is a panel or box truck, meaning a truck with its cargo area completely enclosed, that has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more. Gross combination weight rating meaning the specific weight determined by the manufacturer to be the maximum weight of a loaded tow vehicle and its attached loaded trailer.
B. The vehicle is designed to be a medium duty or heavy duty tow truck.
C. The vehicle is designed to transport sixteen (16) or more passengers, including the driver.
D. Any other vehicle, not specified above, that has a gross vehicle weight rating or gross combination weight rating of 14,001 pounds or more.
E. Any vehicle, with a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more, with words or other markings designed to draw attention to the vehicle or containing a commercial message.
F. The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the regulations issued by the United States secretary of transportation under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended.
(17) Common area/property. Any land area and/or facilities that is held in common ownership by the residents through a homeowners' association, community association or other legal entity, or which is held by the individual members of a condominium association as tenants-in-common.
(18) Compliance, Certificate of Zoning. An official statement asserting that a given building, other structure or parcel of land is in compliance with the provisions of all applicable codes or ordinances, or is a lawfully existing nonconforming building or use and, hence, may be occupied and used lawfully for the purposes designated thereon.
(19) Conservation Development. An area of land to be planned and developed as a single residential development, in which the minimum lot size and setback requirements may be modified to achieve particular design objectives, while maintaining the same overall density limitations of the district in which the conservation development is located, and allowing for the flexible arrangement and clustering of dwellings.
(20) Contour. An imaginary line connecting all points with the same elevation above or below a fixed base point whose elevation is known.
(21) Density. The number of dwelling units permitted per acre of land.
(22) Density, gross. Gross density means the number of dwelling units permitted per acre of total land area.
(23) Developer. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this Planning and Zoning Code to effect a development of land hereunder for himself or for another. The terms applicant, owner, and/or agent of the owner are synonymous with "developer."
(24) Development. Any building, construction, renovation, mining, extraction, grading, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwellings units in a structure or a change to a commercial or industrial use from a less intense use.
(25) Diameter-at-breast-height. The diameter of a tree trunk measured in inches at a height 4.5 feet above ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point below the split.
(26) Driveway. A private access way used by vehicles and pedestrians for access to a parking space, garage, dwelling, or other structure.
(27) Dwelling, attached single-family. Dwelling units that are structurally attached to one another, side by side, and erected as one building, each dwelling unit being separated from the adjoining unit or units by a party wall without openings extending from the basement floor to the roof and each such building being separated from any other building by space on all sides, and including such elements as separate ground floor entrances, services and attached garages.
(28) Dwelling, cluster single-family detached. A dwelling unit which is designed and used exclusively by one family and separated from all other dwelling units by open space from ground to sky, which is grouped with other dwelling units on a site in an arrangement. The cluster one-family detached dwelling does not need to be located on its own subdivided lot, but shall comply with all applicable requirements. Also known or referred to as a dwelling.
(29) Dwelling, single-family detached. A dwelling unit designed and used for one (1) family situated on a lot having a front, side, and rear yard and separated from all other dwelling units by open space from ground to sky. Also known or referred to as a dwelling.
(30) Dwelling unit. One or more habitable rooms comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one (1) family.
(31) Established street grade. The elevation of the street, road or highway, established by the Village of Moreland Hills, measured at the center line of such road, street or highway in front of the lot or parcel of land to which the provisions of this Planning and Zoning Code apply.
(32) Exotic animals. Any wild animal not indigenous to Ohio or any reptile not indigenous to Ohio. (Examples: lions, tigers, elephants, alligators, crocodiles, etc.) Additionally, omnivorous and carnivorous Ohio species such as bear, deer, elk, wolves, coyote, fox, turkey, lynx, and bobcat are deemed exotic. Any animal that is commonly sold by a bona fide commercial pet shop is not considered to be an exotic animal.
(33) Façade. That portion of any exterior elevation on the building extending from grade to the top of the parapet, wall, or eaves and the entire width of the building elevation.
(34) Family. "Family means one (1) or more persons occupying a dwelling unit and living as a single housekeeping unit, provided that unless all members are related by blood, marriage, adoption, guardianship, or are foster children, no such family shall contain over four (4) unrelated persons.
(35) Family day care home. A residence used to provide childcare as detailed below:
A. Type B. A permanent residence of the day care provider in which child day care is provided for 1 to 6 children at one time. No more than 3 of these children shall be under two years of age at one time.
(36) Fence. Any structure composed of wood, iron, steel, masonry, stone or any other materials which are erected in such a manner and in such a location so as to in whole or in part enclose, secure, provide privacy, decorate, define the scope or limits of, or otherwise enhance all or an identifiable part of any premises.
(37) Floor area, gross. The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two (2) or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for non-residential purposes, it shall be counted as floor area in computing off-street parking requirements.
(38) Floor area, net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking; and all floors below the first or ground floor, except when used or intended to be used for human habitation.
(39) Foster child. A person who is placed in a dwelling unit by the Ohio Department of Job and Family Services or another institution or agency, licensed and/or approved by an appropriate State-regulating agency to place foster individuals.
(40) Garage. A building, or part thereof, used or intended to be used for the parking and storage of vehicles.
(41) Gasoline service station. A facility limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, and minor automobile accessories. In addition, such a facility may provide minor vehicle servicing, minor repairs, and maintenance, including engine rebuilding but not reconditioning of motor vehicles, collision services such as body, frame, or fender straightening and repair, or overall painting of automobiles.
(42) Grade. The vertical alignment of a surface of land, as it exists or as rendered by cut and/or fill activities.
(43) Grade, finished. The elevation of the surface of the ground adjoining the building after construction of required parking area or driveways and after the planting of lawn and shrubbery, or other required improvements to open spaces.
(44) Grade, natural. The elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(45) Grading. The rearrangement of the earth's surface by stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new contours or grades.
(46) Habitable space or room. Spaces in a building for living, sleeping, eating and cooking. Bathrooms, toilet rooms, closets, storage or utility areas and similar areas are not considered habitable space.
(47) Home occupation. Any use or profession conducted entirely within a dwelling and carried on primarily by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change its character.
(48) Homeowners' association. A community association that is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, or other such common facilities.
(49) Improvements. The term means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
(50) Landscaped area. An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.
(51) Loading space, off-street. An area located completely outside of any public right-of-way and on the same lot with a building or contiguous to a group of buildings, for the temporary parking of vehicles entering the premises for loading or unloading merchandise or materials.
(52) Lot. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards/ setback and other open spaces as are required by this Planning and Zoning Code. A lot may consist of the following:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or portions of lots of record.
(53) Lot area. See lot size.
(54) Lot coverage. That portion of a lot, which when viewed directly above, would be covered by builidngs and structures, parking and loading areas and other surfaces that are impermeable or substantially impervious to water.
(55) Lot coverage by building. That portion of a lot that is occupied by any principal and/or accessory buildings, excluding unroofed steps, patios, terraces, and similar structures. Building coverage is measured from exterior wall to exterior wall.
(56) Lot, flag. A lot so shaped and designed that the main building site area is set back from the public street on which it fronts and access to the public street right-of-way is by a narrow private access drive also referred to as the "staff". See Figure 2 below.
Figure 2
Illustration of Flag Lot
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(57) Lot frontage. That portion of the lot extending along the street right-of-way.
(58) Lot line. The boundary line defining the limits of the lot. Lot line is synonymous with "property line."
A. Lot line, front: The line separating an interior lot from the street right-of-way or private street on which the lot fronts. On a corner lot, the street right-of-way with the least amount of street frontage shall be the front lot line.
B. Lot line, rear: The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped Lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
C. Lot line, side: Any lot line other than a front or rear lot line.
(59) Lot of record. A lot which is part of a subdivision, the part of which has been recorded in the office of the County Recorder, or a lot or parcel of land described by metes and bounds, the description of which was recorded, prior to adoption of this Planning and Zoning Code.
(60) Lot size. The total horizontal area contained within the lot lines exclusive of any portion of the right-of-way of any public street or private street pavement or easement.
(Ord. 2012-21. Passed 7-11-12.)
(61) Lot types. Terminology used in this Planning and Zoning Code with reference to corner lots and interior lots is as follows:
A. Lot, corner. A lot which adjoins the point of intersection or meeting of two (2) or more streets and in which the interior angle formed by the street lines is 135 degrees or less.
B. Lot, interior. A lot abutting or with frontage on only one street.
(Ord. 2018-03. Passed 4-11-18.)
(62) Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line.
(63) Lot, zoning. A parcel of land not separated by street or alley that is designated by its owner or developer at the time of applying for a zoning certificate, as a tract all of which is to be used, developed, or built upon as a unit under single ownership. Unless the context clearly indicates otherwise, such as a nonconforming lot, the term "zoning lot" is used synonymously with "lot" herein.
(64) Nonconformity. A lot, use of land, building, use of buildings, or use of buildings and land in combination lawfully existing at the time of enactment of this Planning and Zoning Code or its amendments, which do not conform to the current regulations of the district or zone in which it is situated or other regulations in this Planning and Zoning Code.
A. Nonconforming building. A building existing lawfully when this Planning and Zoning Code, or any amendment thereto, became effective, but which does not conform to the current regulations governing buildings and structures of the district in which it is located.
B. Nonconforming lot. A lot lawfully existing on the effective date of this Planning and Zoning Code or any amendment thereto, which on such effective date, does not conform to the current lot area, access, lot width, frontage, or other requirements of the district in which it is located.
C. Nonconforming use: Any building or land lawfully occupied by a use on the effective date of this Planning and Zoning Code or any amendment thereto, which does not conform to the current use regulations of the district in which it is situated.
(65) Office, Administrative/Business/Professional. An establishment within which specific services are conducted with other businesses, individuals, organizations or corporate customers, generally on a contractual basis, and not involving the retail sales of merchandise on the premises for walk-in traffic from the street.
(66) Office, Medical/Dental. Facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which do not provide overnight care or serve as a base for an ambulance service. Medical/dental facilities are operated by doctors, dentists, or similar practitioners licensed by the State of Ohio. Emergency treatment is not the dominant type of care provided at this facility. Medical/dental office includes establishments providing support to medical professionals and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
(67) Open Space. The portion of the open space in a development that is of sufficient size and shape to meet the minimum zoning requirements and on which further development is restricted.
(68) Outdoor storage. The storage of goods, materials, merchandise or vehicles in an area outside of a building or structure in the same place for more than 24 hours.
(69) Owner. See Developer.
(70) Park, public. A tract of land, designated and used by the public, for active and/or passive recreation.
(71) Parking facilities. An outdoor paved area made up of marked or unmarked parking spaces and associated access drives where motor vehicles may be stored for the purpose of temporary off-street parking. Also known as a parking area or parking lot.
(72) Parking space, off-street. An open or enclosed area, defined by painted lines, raised curbs or a combination thereof except for when designated for use by one-family dwellings, outside the public street right-of-way that is used for the parking or temporary storage of registered and licensed motor vehicles
(73) Performance guarantee. A financial deposit, approved by the Law Director, to ensure that all improvements, facilities, or work required will be completed and/or maintained in conformance with the approved plan.
(74) Performance standard. A criterion established to control enclosure, dust, smoke, fire and explosive hazards, lighting, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.
(75) Place of Worship. A building or structure used for public worship. The words "place of worship" includes the words "church," "house of worship," "chapel," "synagogue," "temple," and "mosque" and their uses and activities that are customarily related.
(76) Plan, development. A plan prepared to scale accurately showing, with complete dimensions, the boundaries of the site, the location of buildings; landscaping; parking areas; access drives; signs; outdoor storage areas; and any other features that comprise a proposed development.
A. Preliminary Development Plan: Drawings and maps including all the elements set forth in Chapter 1127.
(77) Plan, Preliminary. A drawing for the purpose of study of a subdivision and which, if approved, permits proceeding with the preparation of the final plat.
(78) Plan, plot. A plan of a lot, drawn to scale, showing the actual measurements, the size and location of any existing structure or structures to be erected, the location of the lot in relation to abutting streets, and other such information.
(79) Plat. A map of a lot, tract or subdivision on which the lines of each element are shown by accurate distances and bearings.
(80) Plat, final. The final map of all or a portion of a subdivision which, if approved, may be recorded.
(81) Porch. A roofed open structure that projects from the front, side or rear wall of a building.
(82) Project boundary. The boundary defining the tract(s) of land that is included in a proposed development to meet the minimum required project area required in this Code. The term "project boundary" shall also mean "development boundary."
(83) Public hearing. An official meeting called by the Village Council, the Planning Commission, or the Board of Appeals, duly noticed, which is intended to inform and obtain public comment or testimony, prior to the governing body rendering a decision.
(84) Public service facility. A structure and/or site providing for public services such as power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures and uses operated by a public utility or by a municipal or other governmental agency.
(85) Recreational vehicle/equipment. Recreational vehicle/equipment includes snowmobiles, floats, rafts, trailers - open or enclosed, boats and boat trailers, including normal equipment to transport the same, recreational equipment as determined by the Building Inspector and also includes any of the following recreational vehicles as each is hereinafter defined:
A. Travel Trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses.
B. Pick-up Camper. A structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
C. Motor Home. A portable dwelling designed and constructed as a integral part of a self-propelled vehicle.
D. Folding Tent Trailer. A canvas folding structure mounted on wheels and designed for travel and vacation use.
(86) Recreational Space & Associated Facilities. Recreational uses, including recreation areas, hiking trails, and similar facilities, used by nonprofit, governmental, or similar entities, dedicated to open space maintenance, preservation, education and management as well as associated, accessory facilities used by nonprofit, governmental, or similar entities, dedicated to open space maintenance, preservation, education and management.
(87) Residential facility. A facility licensed by the Ohio Department of Mental Health that provides room, board, personal care, supervision, habilitation services and mental health services, in a family setting, to one or more persons with mental illness or severe mental disabilities. A foster family home is a residential facility that provides the services listed above for five (5) or fewer mentally retarded or developmentally disabled persons.
(88) Restaurant, indoor dining. An establishment where food and drink are prepared and served to the consumer within the principal building.
(89) Restaurant, outdoor dining. An establishment where food and drink are prepared inside the establishment and consumed outside the principal building in an area adjacent to the principal building.
(90) Retail Establishment. An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered.
(91) Right-of-way. A strip of land or the air space above it taken, dedicated, or otherwise recorded as an irrevocable right-of-passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, tree lawns, lawn strips, sidewalks, water and sewer lines, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges and the air space above the surface.
(92) Right-of-way line. The line between a lot, tract, or parcel of land and a contiguous public street, and demarcating the public right-of-way. "Right-of-way line" also means "street line."
(93) Roadway. The pavement measured between curbs, that portion of a right-of-way available for vehicular travel, including parking lanes.
(94) School, specialty/personal instruction. A facility primarily teaching usable skills that prepare students for jobs within a specific trade or a facility providing instruction on social and religious customs and activities, performing arts and/or sports. Such facilities may include beauty schools, dance instruction centers, cooking schools and martial arts studios. This term does not include health club.
(95) Setback. The required minimum horizontal distance between a lot line and the nearest portion of a building, pavement, parking areas, wetland, waterway or structure as established by this Planning and Zoning Code.
(96) Setback Line. A line established by this Planning and Zoning Code generally parallel with and measured from the lot line, defining the minimum distance a building, structure, parking area, pavement or other area shall be located from the said lot or thoroughfare/right-of-way line, except as may be provided in this Planning and Zoning Code.
(97) Service establishment, business. An establishment providing services to business establishments on a fee or contract basis, including, but not limited to, advertising and mailing services, employment services, business equipment and furniture sales or rental, photocopy services, protective services, or similar services.
(98) Service establishment, personal. An establishment providing services that are of a recurring and personal nature to individuals. This term includes, but is not limited to, a barber shop, beauty salon, shoe repair shop, seamstress, tailor, fortune teller, and tanning salon. This term does not include a health club or repair shop for household items.
(99) Single housekeeping unit. Single housekeeping unit means common use and access to all living and eating areas, bathrooms, and food preparation and serving areas.
(100) Stable. All buildings designed or used for boarding or transfer stables, all private barns, carriage houses, sheds, pens, coops, or any building or outdoor space used for the feeding or sheltering of animals.
(101) Street. An avenue, highway, road, thoroughfare, boulevard, parkway, easement or other way, public or private, proposed for vehicular traffic and any existing State, county, township or Village street or way shown upon a plat heretofore duly approved, filed and recorded in the office of the County Recorder. The term includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, division strips or other areas within the street lines. The term street is synonymous with road and highway.
(102) Street, collector. A street supplementary to and connecting arterial streets to local streets.
(103) Street, private. An area set aside to provide access for vehicular traffic within a development that is not dedicated or intended to be dedicated to the Village and that is not maintained by the Village.
(104) Street, public. A right-of-way intended to be used for travel by the public, improved for such purpose, and accepted for perpetual maintenance. Included is the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulder, gutters, sidewalks, division strips or other areas within the right-of-way lines.
(105) Structure. Anything that is constructed on or under the ground or attached or connected to the ground, included but not limited to: buildings, barriers, bridges, bulkheads, bunkers, chimneys, fences, garages, outdoor seating facilities, patios, platforms, decks, pools, poles, tanks, tents, towers, sheds, signs and walls; excluding parking facilities, driveways, access drives, and trailers and other vehicles whether on wheels or other supports.
(106) Structure, accessory. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal building, such as but not limited to fences, flagpoles, gazebos, etc. See also structure.
(107) Structural alteration. Any change or rearrangement in the supporting members of a building, such as beams, girders, bearing walls, columns or partitions or any increase in the area or cubical contents of the building.
(108) Subdivision. "Subdivision" means:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; and the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(109) Use. The purpose for which land, a building or structure is arranged, designed, intended, maintained or occupied; or any occupation, activity, or operation carried on in a building or structure or on land.
A. Use, accessory. A use located on the same lot with the principal use of building or land, but incidental and subordinate to and constructed subsequent to the principal use of the building or land.
B. Use, conditional. A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 1177, Conditional Use Regulations, and which requires conditional use approval by the Planning Commission and the Village Council, in accordance with the standards and procedures set forth in Chapter 1129, Certificates.
C. Use, permitted. A use that is authorized by this Planning and Zoning Code as either a use permitted by right or an accessory use.
D. Use permitted by right. A permitted use that is approved administratively when it complies with the standards and requirements set forth in the Planning and Zoning Code, the approval of which does not require a public hearing.
E. Use, principal. The primary or main use or activity of a building or lot, which may be a conditional use or a use permitted by right.
F. Use, temporary. A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent Structure.
(110) Variance. A grant to a property owner authorizing the property owner to vary from the literal terms of the relevant regulations.
(111) Vehicular Use Area. An area for storage of any and all types of vehicles whether such vehicles are self propelled or not, and all land designed to be traversed by vehicles.
(112) Yard. An open space on the same lot with a principal building or structure extending between the lot line and the extreme front, rear or side wall of the principal building or structure.
A. Yard, corner side. On a corner lot, the yard between the principal building and the side lot line adjacent to the street and extending from the front yard to the rear lot line.
B. Yard, front. The area across the full width of the lot between the front of the principal building and the front line of the lot.
C. Yard, rear. The area across the full width of the lot between the rear of the principal building and the rear line of the lot.
D. Yard, side. The area between the principal building and the side line of the lot extending from the front wall to the rear wall of the principal building.
(113) Zoning Certificate. A document issued by the Building Inspector authorizing the construction or alteration of a building or structure and/or use of a lot or structure in accordance with this Planning and Zoning Code.
(114) Zoning Map. An accurate map, or maps, depicting the Village of Moreland Hills, Ohio, and indicating the boundaries of the zoning districts established by this Planning and Zoning Code. The Zoning Map, or maps, shall include any other maps indicating the Village's development policies. The Zoning Map, or maps, may also be known as the Official Zoning Map.
(Ord. 2012-21. Passed 7-11-12.)
1125.01 INTENT.
This Chapter sets forth the powers and duties of the Building Inspector, Architectural Reviewer, Planning Commission, Board of Appeals, and the Village Council with respect to the administration of the provisions of this Planning and Zoning Code.
(Ord. 2012-21. Passed 7-11-12.)
1125.03 BUILDING INSPECTOR.
(a) Establishment. The Building Inspector shall act as the administrative officer for the purpose of effecting the proper administration of the Planning and Zoning Code. The Building Inspector shall also be known as the Building Official. Whenever in this Code the designation Building Inspector appear, it shall also be interpreted as including the designation Building Official.
(b) Powers and Duties. The Building Inspector or his/her designee shall have the following powers and duties:
(1) Unless specifically stated otherwise, the Building Inspector shall enforce the provisions of this Code. The Building Inspector shall have all necessary authority on behalf of the Village to administer and enforce the provisions of this Code;
(2) To interpret the meaning and application of this Planning and Zoning Code and its provisions;
(3) To issue Zoning Certificates as provided by this Planning and Zoning Code and keep a record of the same with a notation of any special conditions involved;
(4) To issue Certificates of Zoning Compliance as provided by this Planning and Zoning Code and keep a record of the same;
(5) To accept, review for completeness, and respond to questions regarding applications upon which the Building Inspector is authorized by the provisions of this Planning and Zoning Code to review, including amendments to the Planning and Zoning Code, development plan review, variances, and appeals;
(6) To coordinate the Village's administrative review of applications required by this Planning and Zoning Code, including rezoning applications and development plan review;
(7) To maintain any records required by this Planning and Zoning Code including, but not limited to, inspection documents, and records of all variances, amendments, development plan applications, and similar use determinations;
(8) To make such records available for the use of Council, the Planning Commission, the Board of Appeals, the Architectural Reviewer, and the public according to Ohio Law;
(9) To conduct or cause the inspection of buildings and uses of land to determine compliance with this Planning and Zoning Code;
(10) To determine the existence of any violations of this Planning and Zoning Code and cause such notifications of violations or revocation notices, stop work orders to be issued, or initiate such other administrative or legal action as needed to address such violations;
(11) To maintain in current status the "Official Zoning Map" of the Village of Moreland Hills, as same may be amended;
(12) To provide such technical and consultation assistance as may be required by the Board of Appeals, the Planning Commission, the Architectural Reviewer, the Village Council, and other boards and commissions, in the exercise of their duties relating to this Code; and,
(13) To perform such other functions as are referred or delegated by the Village Council, the Mayor, or this Code.
(Ord. 2016-31. Passed 9-15-16.)
1125.05 ARCHITECTURAL REVIEWER.
(a) Establishment. The creation of the Architectural Reviewer shall be as provided for in Chapter 1315.
(b) Powers and Duties. For the purposes of this Planning and Zoning Code, the Architectural Reviewer shall have the following powers and duties:
(1) To review and make recommendations on all development plans as required by this Planning and Zoning Code;
(2) To perform such other functions as are referred to or delegated to the Architectural Reviewer by the Village Council or the Mayor; and,
(3) To hear and decide all other matters referred to and upon which the Architectural Reviewer is required to by this Code.
(Ord. 2012-21. Passed 7-11-12.)
1125.07 PLANNING COMMISSION.
(a) Establishment. The creation and composition of the Planning Commission shall be as provided for in the Charter of the Village of Moreland Hills.
(b) Powers and Duties. For the purposes of this Planning and Zoning Code, the Planning Commission shall have the following powers and duties in addition to those conferred by the Charter of the Village of Moreland Hills:
(1) To review and act on all development plans as required by this Planning and Zoning Code;
(2) To make a determination that a proposed use not listed or provided for in this Planning and Zoning Code is substantially similar to a principal use that is listed and provided for in this Planning and Zoning Code;
(3) To review all current and proposed amendments to this Planning and Zoning Code and make recommendations to the Village Council as provided in this Planning and Zoning Code;
(4) To investigate and propose on its own initiative such amendments to the Planning and Zoning Code, as it may deem consistent with the purposes of this Planning and Zoning Code and which further the public health, safety, and general welfare of the Village of Moreland Hills;
(5) To review and make recommendations to the Village Council on conditional use certificates according to the procedures, standards and criteria stated in this Planning and Zoning Code.
(6) To perform such other functions as are referred or delegated to it by the Village Council or the Mayor; and,
(7) To hear and decide all other matters referred to and upon which it is required to pass by this Code.
(Ord. 2012-21. Passed 7-11-12.)
1125.09 BOARD OF APPEALS.
(a) Establishment. The Board of Appeals is hereby established. The official title of the Board shall be the "Board of Appeals of the Village of Moreland Hills" and such body shall be known as the "Board." The Board shall have all powers as are conferred by the general laws of Ohio and by ordinance of Council.
(b) Powers and Duties. For the purposes of this Planning and Zoning Code, the Board of Appeals shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Building Inspector or another administrative official in the administration or enforcement of this Planning and Zoning Code, unless otherwise provided for in this Planning and Zoning Code;
(2) To authorize such variances from the terms of this Planning and Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Planning and Zoning Code will result in practical difficulty, and so that the spirit of the Planning and Zoning Code shall be observed and substantial justice done;
(3) To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Chapter 1149, Establishment of Districts and Maps;
(4) To perform such other functions as are referred or delegated to it by the Village Council or the Mayor;
(5) To review non-conforming uses in conformance with the provisions of this Planning and Zoning Code; and,
(6) To hear and decide on all matters referred to and upon which it is required to pass by this Planning and Zoning Code.
(Ord. 2012-21. Passed 7-11-12.)
1125.11 VILLAGE COUNCIL.
For the purposes of this Planning and Zoning Code, the Village Council shall have the following powers and duties:
(a) To hold public hearings and vote upon proposed amendments to this Planning and Zoning Code, including text amendments and amendments to the Official Zoning Map;
(b) To investigate and propose on its own initiative such amendments to the Planning and Zoning Code as it may deem consistent with the purposes of this Planning and Zoning Code and which further the public, health, safety, and general welfare of the Village of Moreland Hills;
(c) To hear and decide on applications for conditional use certificates and use variances as provided for in this Code; and,
(d) To hear and decide all other matters referred to and upon which it is required to pass by this Code or the Village's Charter.
(Ord. 2012-21. Passed 7-11-12.)
1127.01 INTENT.
The purpose of this Chapter is to provide adequate review by the Planning Commission, the Village Engineer, and the Architectural Reviewer of proposed developments in those zoning districts where the uses permitted are of such a nature that review of specific plans is deemed necessary to protect the valued characteristics of the Village including the public health, safety, and general welfare of the community.
(Ord. 2012-21. Passed 7-11-12.)
1127.03 DEVELOPMENT PLAN REVIEW REQUIRED.
Review of a preliminary development plan and a final development plan shall be conducted in compliance with the following:
(a) Development Plan Review Required. A development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs and outdoor storage areas shall be required for the following:
(1) New construction of all permitted uses in the Residential Open Space Conservation District, except that accessory uses and structures in compliance with the provisions of Section 1153.25 are exempt from the Development Plan Review requirements of this chapter;
(2) New construction of all permitted uses in the Dwelling House District, except that fences and accessory uses and structures in compliance with the provisions of Section 1151.17 are exempt from the Development Plan Review requirements of this chapter;
(3) New construction of all permitted uses in the Townhouse District;
(4) New construction of all permitted uses in the Retail Business District;
(5) Any existing or previously approved development meeting the criteria of subsections (1) though (4) above that proposes to alter, reconstruct or otherwise modify a use or site including expanding the floor area of the permitted use; increasing the number of dwelling units in a multi-family development; or changing the use which requires an increase in the amount of parking or a change in the site’s circulation.
(Ord. 2015-14 Passed 5-13-15.)
(b) Exceptions. A change of occupancy in an existing structure, or on a previously approved final development plan, when there is no change in the bulk of the structure, and no change in the parking required, shall be exempt from the development plan review procedures.
(Ord. 2012-21. Passed 7-11-12.)
1127.05 DEVELOPMENT PLAN PROCESS.
Development plan reviews should proceed and generally move in phases to include the following:
(a) Pre-application meeting with the Planning Commission;
(b) Preliminary development plan reviewed by the Architectural Reviewer and/or Village Engineer, if applicable;
(c) Preliminary development plan reviewed by the Planning Commission. The preliminary development plan phase may be omitted when, in the opinion of the Planning Commission, the project is too minor to warrant preliminary development plan review;
(d) Final development plan reviewed by the Architectural Reviewer and the Village Engineer;
(e) Final development plan reviewed by the Planning Commission.
If an application requires a variance, see Section 1127.37.
(Ord. 2012-21. Passed 7-11-12.)
1127.07 PRE-APPLICATION MEETING ENCOURAGED.
The applicant is encouraged to meet with the Planning Commission prior to submitting an application for preliminary development plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Planning and Zoning Code and the criteria and standards contained within. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.
(Ord. 2012-21. Passed 7-11-12.)
1127.09 DEVELOPMENT PLAN REVIEW PROCEDURES.
Development plans, including preliminary and final, shall be reviewed and distributed according to the following procedures:
(a) Review for Completeness. After receiving an application, the Building Inspector shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Building Inspector shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Building Inspector shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the applicable agenda or declare the application a Minor Alteration, as permitted by Section 1127.15, if applicable.
(b) Distribution of Plans and Consultant Fees. When the Building Inspector determines that the application for preliminary or final development plans is complete, the Building Inspector shall forward the application to the appropriate Village departments, the Village Engineer, and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Building Inspector.
The Village may retain consultants to review applications, with the reasonable costs for such consultation being borne by the applicant.
(c) Transmission to the Applicable Reviewer, Board, or Commission. For preliminary and final development plan reviews, the Building Inspector shall distribute the application for development plan review and any reports prepared by the individuals in sub-section (b) above to the applicable reviewer, board, or commission, prior to the time of the next regularly scheduled meeting.
(Ord. 2012-21. Passed 7-11-12.)
1127.11 REVIEW BY ARCHITECTURAL REVIEWER REQUIRED.
(a) No application for a final development plan shall be approved by the Planning Commission unless the preliminary and final development plans have been reviewed by the Architectural Reviewer, except as otherwise provided for in this Planning and Zoning Code.
(b) The Architectural Reviewer shall make a recommendation to the Planning Commission after reviewing the development plan to determine if such application complies with the review criteria and standards set forth in this Chapter and in the applicable Chapters of this Planning and Zoning Code. The Architectural Reviewer shall take one of the following actions:
(1) The Architectural Reviewer shall recommend approval of the development plan if the proposed plan is determined to be appropriate and in conformance with the review criteria and standards outlined in this Planning and Zoning Code;
(2) The Architectural Reviewer may recommend approval of the development plan subject to specific conditions not included on the plan as submitted, to ensure that the development conforms to the intent and purposes of this Planning and Zoning Code;
(3) The Architectural Reviewer shall recommend denial of the application if the plan is not found to comply with the specifications of this Planning and Zoning Code. The Architectural Reviewer shall indicate the reasons for the recommendation.
(Ord. 2012-21. Passed 7-11-12.)
1127.13 ACTION BY PLANNING COMMISSION.
(b) Following its review, for a preliminary or final development plan, the Planning Commission shall:
(1) Approve the development plan as submitted; or
(2) Approve the development plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
(3) Deny the development plan when the application does not demonstrate that the required standards have been met.
(c) For a preliminary or final development plan, the Planning Commission may also postpone the development plan, providing guidance to the applicant regarding alterations to the proposed development plan that may address the concerns expressed by the Planning Commission.
(d) The Village shall promptly furnish the applicant with its written report on the preliminary development plan or its decision on the final development plan.
(e) Failure of the Planning Commission to Act. Failure of the Planning Commission to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, shall be deemed a denial of the application.
(f) Re-application after Denial. The Building Inspector shall accept no re-application for a development plan unless the re-application is based on a revised application that addresses the reasons for the denial of the initial application. A re-application shall comply with all the requirements of this Chapter, including payment of the required fee. If an application is denied as a result of sub-section 1127.13 (e), the Building Inspector shall accept a re-application for development plan review that has not been revised from the previous submittal.
(g) Issuance of Zoning Certificate. If the final development plan is approved or approved with conditions, the Building Inspector shall issue a Zoning Certificate pursuant to Chapter 1129, Certificates. However, the Zoning Certificate shall not be issued until:
(1) At the Building Inspector's discretion, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the Village a performance guarantee approved by the Village Engineer in the amount of the estimated cost of the required physical improvements as determined by the Village Engineer. The agreement and the performance guarantee shall provide for completion of all work within a time specified to be determined by the Village Engineer or before occupancy is allowed in any structure, whichever shall occur first.
(2) The approval of the final development plan or the installation of improvements as required by this Planning and Zoning Code shall not obligate the Village to accept improvements for maintenance, repair, or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
(3) Before a Certificate of Zoning Compliance may be issued, the property owner shall provide to the Building Inspector a statement that all phases of the facility, development, or structure have been constructed in conformance with approved plans, documentation, and specifications.
(Ord. 2012-21. Passed 7-11-12.)
1127.15 MINOR ALTERATIONS APPROVED BY BUILDING INSPECTOR.
When a minor alteration is proposed to an existing building, structure or site arrangement on a zoning lot otherwise subject to development plan review pursuant to Section 1127.03, the Building Inspector may approve the application, after consultation with the Architectural Reviewer, as specified in this Section.
(a) For the purposes of this Section, a Minor Alteration shall include:
(1) Small, incidental alterations of existing off-street surface parking lots or areas;
(3) Incidental additions or alterations to principal buildings on large zoning lots; and,
(4) Minor design modifications that will have no discernible impact on neighboring properties, the public, or those intended to occupy or use the proposed development. (Ord. 2015-14. Passed 5-13-15.)
(b) The Building Inspector shall review the proposal to determine that the proposal is not contrary to and complies with all applicable regulations in this Planning and Zoning Code and will not result in any material adverse impact to the site or surrounding areas.
(c) After reviewing the application, the Building Inspector shall:
(1) Approve the development plan as submitted; or,
(2) Deny the development plan when the application does not demonstrate that the required standards have been met.
(Ord. 2012-21. Passed 7-11-12.)
1127.17 PLAN SUBMISSION REQUIREMENTS.
(a) The preliminary development plan, except for individually developed single-family detached dwellings which shall comply with the requirements in sub-section 1127.17 (c), shall disclose all uses proposed for the development, their location and arrangement, and shall include:
(1) The completed application form, along with the appropriate application fee;
(2) A plat and topography map, at two-foot intervals, of the proposed development area, which will also show all structures, trees and landscape features existing thereon and will include a certificate, by a registered engineer and/or surveyor, of the gross area of development area stated in acres and square feet; and,
(3) A preliminary development plan, designed in accordance with the planning standards, regulations and criteria established in this Planning and Zoning Code, which will disclose:
A. In accordance with the applicable Subdivision Regulations, the proposed location and design of public streets, common drives, and private driveways as well as any other shared facilities, including the location of existing utilities to be maintained or changed and utilities to be installed including septic systems and wells;
B. The proposed location of all structures and parking areas, identified by type, size, height, use, general design, square footage, proposed exterior materials and color of such structure;
C. The proposed use of private land and shared facilities;
D. All structures in the development area to be retained, with plans for their remodeling, all structures to be removed from the development area and all structures, lying outside of the boundaries of the development area, located within 300 feet thereof;
E. Preliminary plans of improvements to be included in the development area and such other information as the landowner may submit to explain their purpose, appearance, and type of construction;
F. Preliminary information indicating the concept(s) for the proposed architectural treatment, including the proposed grading plan and method of surface drainage;
G. A preliminary estimate of traffic volume to be generated by the development, and a plan indicating the location and character of proposed entrances and exits from the development area;
H. Plans for fire prevention and protection, including proposed locations of standpipes and hydrants, if required;
I. A proposed method and standards for the construction and maintenance of streets, open spaces, parking areas and shared facilities; provided however, that no subdivision of property within the development area shall be permitted until those shared facilities required for access to each proposed lot within the development area has been completed or the completion of such shared facilities has been properly secured;
J. Proposed forms of covenants running with the land, deed restrictions including those with respect to the use, maintenance, repair, replacement and insurance of any shared facilities, covenants, restrictions or easements proposed to be recorded and covenants proposed for maintenance;
K. A plan showing existing site conditions, including water courses, topography, natural features and tree cover;
L. Preliminary floor plans of proposed buildings and facilities and preliminary drawings showing the proposed landscape, buffering and screening plan; and,
M. Any adjustments or variance in the regulations, standards or criteria prescribed in this Planning and Zoning Code, and amendments thereto, and regulations of the Village which would be required in order to permit construction of the development.
(b) The Building Inspector may waive any of the submittal requirements in this Section if, in his or her opinion, and based on recognized planning or engineering principles and in an effort to achieve the goals of this Chapter, they are unnecessary to determine compliance with appropriate codes and ordinances. Such waiver shall not be construed to authorize the reduction or waiver of any standard, regulation, or required improvement.
(c) The preliminary development plan, unless otherwise permitted by the Building Inspector, shall be prepared by professional persons qualified in the planning of land development, traffic engineering and building and landscape design, as applicable. The architectural and engineering services required for the preparation of the preliminary plan shall be rendered by licensed professional persons.
(d) The final development plan of the development area, except for individually developed one-family detached dwellings which shall comply with the requirements in sub-section 1127.17 (e), shall contain and be accompanied by the following, unless such requirements are waived pursuant to sub-section 1127.17 (b). The final development plan, unless otherwise permitted by the Building Inspector, shall be prepared by professional persons qualified in the planning of land development, traffic engineering and building and landscape design, as applicable. The architectural and engineering services required for the preparation of the final development plan shall be rendered by licensed professional persons.
(1) The completed application form, along with the appropriate application fee;
(2) An accurate, legal description prepared or certified by a registered/licensed surveyor of the State of Ohio;
(3) A property location map showing existing property lines, easements, utilities, and street rights-of-way;
(4) Approval from the Cuyahoga County Health Department and/or the State of Ohio for on-site septic field(s) and well(s), if applicable;
(5) Proposed common drives and the public street system, including detailed plans and specifications for all streets, sidewalks, storm water management and sanitary sewers, water mains, street illumination, existing and proposed vegetation and other important engineering considerations, in accordance with the Planning and Zoning Code, and other ordinances of the Village;
(6) Plat of the development area showing street rights-of-way, if applicable, and easements in accordance with the requirements of all ordinances of the Village, which shall be in form for recording;
(7) Plan of the area containing the accurate location of each existing structure to be retained, if any, and plans and specifications for each proposed structure, relationship to street system including driveways, parking and loading areas, illumination facilities, methods of waste disposal, pedestrian walks, common land, open space, landscaping and finished grades, all of which shall comply with the standards of the Planning and Zoning Code and other ordinances of the Village;
(8) Location of proposed accessory structures including fences, walls, signs, and lighting, if applicable;
(9) Summary table showing total acres of the proposed development, the number of acres devoted to each type of land use including streets and open space;
(10) Dimensions and spacing of all buildings, setbacks, parking areas, drives and walkways;
(11) Preliminary architectural plans for the proposed development or use showing exterior elevations and building floor plans as well as site construction materials;
(12) Detailed landscape plan for lands within the development area, including:
A. The protection of all trees over six (6) inches in caliper;
B. A plan showing existing site conditions including water courses, topography, natural features and tree cover, and the location and configuration of all shared facilities; and,
C. Proposed landscaping and screening plans indicating the description of the location and nature of existing and proposed vegetation in compliance with the Planning and Zoning Code, when applicable.
(13) Proposed forms of covenants running with the land, deed restrictions including those with respect to the use, maintenance, repair, replacement and insurance of any shared facilities, covenants, restrictions or easements proposed to be recorded and covenants proposed for maintenance;
(14) Estimated project cost for all public improvements for the purpose of providing estimates needed for performance guarantees;
(15) Delineation of project phasing and the sequence of such phasing, if applicable;
(16) When the final development plan provides for partial development of the area for which a preliminary development plan has been approved, a proposed final development plan of the development area of the remainder of the area shall be submitted to permit evaluation of the development of the entire parcel; and,
(17) The final development plan, unless otherwise permitted by the Building Inspector, shall be prepared by professional persons qualified in the planning of land development, traffic engineering and building and landscape design. The architectural and engineering services required for the preparation of the preliminary plan shall be rendered by licensed professional persons.
(e) A preliminary or final development plan application for a single-family detached dwelling or a use accessory thereto shall include the items set forth below, unless such requirements are waived pursuant to sub-section 1127.17(b), and shall be submitted to the Building Inspector:
(1) The completed application form;
(2) A general vicinity map;
(3) A plot plan showing the following. Such plans shall be legibly drawn to scale and shall be based on an accurate survey.
A. Zoning District;
B. Property boundary lines and the exact dimensions and area of the lot to be built upon or utilized;
C. Right-of-way of adjacent streets;
D. Location, dimensions, height, and bulk of all structures to be erected or altered;
E. The existing and intended use(s) of all land, buildings, and structures;
F. Dimensions of yards, driveways, and parking areas;
G. Location and use of buildings and adjoining lots within 100 feet of all property lines;
H. Location and dimension of any easements and use of the easement;
I. Lot numbers of the concerned and abutting properties;
J. Each plan shall bear statements declaring that no part of the land involved in the application has been previously used to provide required setbacks or lot area for another structure;
K. Preliminary architectural plans for the proposed development or use showing exterior elevations and building floor plans, site construction materials, prepared and certified by a qualified Ohio design professional;
L. Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application; and,
M. Any other pertinent data as may be necessary to determine and provide for the enforcement of this Planning and Zoning Code.
(Ord. 2012-21. Passed 7-11-12.)
1127.19 CRITERIA FOR REVIEWING PRELIMINARY DEVELOPMENT PLANS BY THE PLANNING COMMISSION.
(a) When reviewing preliminary development plan applications for individually developed single-family detached dwellings or a use accessory thereto, the Planning Commission shall take into consideration the comments and recommendation of staff and consultants and shall review the proposal to determine that the proposal is not contrary to and complies with all applicable regulations in this Planning and Zoning Code and will not result in any material adverse impact to the site or surrounding areas.
(b) When reviewing preliminary development plan applications for uses other than individually developed single-family detached dwellings, the Planning Commission shall review a preliminary development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants. In order to approve a preliminary development plan, the Planning Commission shall determine that:
(1) The plan is consistent with the Comprehensive Land Use Plan, goals, policies, and the Zoning Map of the Village;
(2) The appropriate use and value of property within and adjacent to the area will be safeguarded;
(3) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property; and,
(4) The development will preserve and be sensitive to the natural and environmental characteristics of the site in a manner that complies with the applicable regulations set forth in this Planning and Zoning Code.
(Ord. 2012-21. Passed 7-11-12.)
1127.21 CRITERIA FOR REVIEWING FINAL DEVELOPMENT PLANS BY THE PLANNING COMMISSION.
(a) When reviewing final development plan applications for individually developed single-family detached dwellings or a use accessory thereto, the Planning Commission shall take into consideration the comments and recommendation of staff and consultants and shall review the proposal to determine that the proposal is not contrary to and complies with all applicable regulations in this Planning and Zoning Code and will not result in any material adverse impact to the site or surrounding areas.
(b) In reviewing final development plans for uses other than individually developed single-family detached dwellings, the Planning Commission shall review the development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants when reviewing the application. In order to approve a final development plan, the Planning Commission shall determine that:
(1) The plan is consistent with any plan, including the Comprehensive Land Use Plan, or goals for the orderly development of the Village and, when applicable, conforms in all respects to the approved or provisionally approved preliminary development plan and the regulations of this Planning and Zoning Code;
(2) The appropriate use and value of property within and adjacent to the area will be safeguarded;
(3) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;
(4) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
(5) The development will have adequate public service, parking, and open spaces, when applicable;
(6) The development will preserve and be sensitive to the natural and environmental characteristics of the site in a manner that complies with the applicable regulations set forth in this Planning and Zoning Code;
(7) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas that is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property;
(8) Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
(9) Adequate provision is made for emergency vehicle access and circulation. Adequate provision is made for fire hydrants and fire fighting water supply;
(10) The proposed signs, if applicable:
A. Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and,
B. Adequately identify the use; and,
C. Are located to maintain safe and orderly pedestrian and vehicular circulation.
(11) The landscape plan will adequately buffer adjacent uses, where applicable;
(12) The landscape plan will adequately:
A. Maintain existing trees to the extent possible, but in accord with Section 1173.05, Regulations for the Cutting of Trees;
B. Enhance the principal building and site; and,
C. Provide appropriate plant materials and spacing considering the ultimate mature size and shape of plants relative to the buildings, use, site, and the climate of the area.
(13) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Planning and Zoning Code, and any other design criteria established by the Village or any other governmental entity which may have jurisdiction over such matters; and,
(14) If the project is to be carried out in progressive stages, each phase shall be so planned that the foregoing criteria are complied with at the completion of each phase. (Ord. 2012-21. Passed 7-11-12.)
1127.23 CRITERIA FOR REVIEW BY THE ARCHITECTURAL REVIEWER.
(a) In the review of the exterior of buildings during preliminary and final development plan review, the Architectural Reviewer shall consider the following:
(1) The overall exterior appearance of any proposed building or structure;
(2) The height, build, and scale of any proposed building or structure with respect to building or structures in the immediate area;
(3) The exterior materials, colors, and textures of any proposed building or structure with respect to their compatibility with other buildings and structures within the vicinity when visually related to the proposed development or structural alteration;
(4) The arrangement of any proposed buildings, structures or uses on the site, as well as their relationship to other buildings and structures within the immediate area;
(5) The exterior architectural character and functional plan of the structure(s) shall not be at such variance with existing structure(s) or structure(s) being built in the immediate neighborhood or zoning district or to cause substantial depreciation in the property values of such existing structure(s) or structure(s) being built; and,
(6) All other factors that affect the appearance of the site and the area.
(b) The Architectural Reviewer shall not attempt to prescribe a single type of architectural style for the Village, but rather review the proposed architectural style and design according to the standards and criteria set forth in this Planning and Zoning Code. The Architectural Reviewer shall endeavor to insure that the exterior appearance of all buildings, structures, or uses will:
(1) Enhance the attractiveness and desirability of the area in keeping with its purpose and intent;
(2) Encourage the orderly and harmonious development of the area in keeping with its character; and,
(3) Enhance and protect the public and private investment and the value of all land and improvements within the area.
(Ord. 2012-21. Passed 7-11-12.)
1127.25 REQUEST FOR ADDITIONAL INFORMATION.
In their review of an application, the Architectural Reviewer, the Planning Commission, the Building Inspector and/or the Village Engineer may request that the applicant supply additional information deemed necessary to adequately review and evaluate the proposed development.
(Ord. 2012-21. Passed 7-11-12.)
1127.27 SIMULTANEOUS PLAT APPROVAL.
If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Title Three of Part Eleven of the Village's Codified Ordinances. Final development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
(Ord. 2012-21. Passed 7-11-12.)
1127.29 SIGNIFICANCE OF AN APPROVED PLAN; PLAN REVISIONS.
(a) An approved final development plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved final development plan may be transferred to another person, corporation, or group of individuals or corporations. A request for such a transfer or change of ownership shall be presented to the Building Inspector and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original, final development plan.
(b) All construction and development under any building permit shall be in accordance with the approved, final development plan. Any departure from such plan shall be cause for revocation of the Zoning Certificate and/or Building Permit, and the property owner or other responsible parties are subject to penalties as prescribed by this Planning and Zoning Code.
(c) Modification after Approval.
(1) Changes in an approved preliminary or final development plan shall be resubmitted for approval in accordance with this Chapter.
(2) Approval of a modification or amendment to a previously approved final development plan under the terms and provisions of this Chapter shall not extend or alter the one (1) year time limitation established by Section 1127.31, which time shall continue to be measured from the date of approval of the original final development plan.
(Ord. 2012-21. Passed 7-11-12.)
1127.31 EXPIRATION OF DEVELOPMENT PLAN APPROVAL.
An approved development plan shall remain valid for a period of twelve (12) months following the date of its approval, unless the Planning Commission authorizes a longer period at the time of approval or grants an extension to the above stated time frame for good cause.
(a) Preliminary Development Plan. If, at the end of that time, a final development plan has not been submitted to the Building Inspector, then approval of the preliminary development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with this Chapter.
(b) Final Development Plan. If, at the end of that time, construction of the development has not begun, then approval of such final development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this Chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.
(Ord. 2012-21. Passed 7-11-12.)
1127.33 EQUIVALENCY PROVISION.
In reviewing the application, the Planning Commission may find that a final development plan either adheres to or is equivalent to the requirements of this Planning and Zoning Code.
(a) The Planning Commission may consider elements of a final development plan to be equivalent to a requirement if:
(1) The proposed final development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district;
(2) Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and,
(3) The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
(b) It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this Section have been satisfied. When evaluating the application with respect to this Section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such a finding, the Planning Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements in this Planning and Zoning Code. Approval under this Section is not a variance.
(Ord. 2012-21. Passed 7-11-12.)
1127.35 APPEALS OF DECISIONS.
Decisions by the Planning Commission granting or denying approval of development plan applications pursuant to this Code shall be final and shall not be appealed to the Village Council unless authorized by state and/or federal laws or regulations. Final administrative actions of the Planning Commission are subject to judicial review in accordance with Ohio Revised Code Chapter 2506. (Ord. 2012-21. Passed 7-11-12.)
1127.37 APPROVAL OF DEVELOPMENT PLAN REQUIRING VARIANCES.
(a) If the development plan application requires approval of both a development plan and a variance, the applicant shall first seek preliminary development plan approval.
(b) If the Planning Commission finds that any regulations, standards or criteria prescribed by the Planning and Zoning Code are inappropriate or inapplicable because of the unusual conditions of the proposed subject site or the character of the proposed development, and that an adjustment in such regulations, standard, or criteria shall promote the public health, safety, property or general welfare and shall meet the criteria set forth in this Chapter, the Planning Commission may recommend to the Board of Appeals that such adjustment be made.
(Ord. 2012-21. Passed 7-11-12.)
1127.99 PENALTY.
A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.
(Ord. 2012-21. Passed 7-11-12.)
1129.01 INTENT.
The administrative provisions of this Chapter establish the procedures for reviewing and acting upon applications for Zoning Certificates, Certificates of Zoning Compliance, and Conditional Use Certificates in order to accomplish the purposes for which this Planning and Zoning Code is adopted. (Ord. 2012-21. Passed 7-11-12.)
1129.03 ZONING CERTIFICATE REQUIRED.
No excavation, grading, or improvement shall be commenced, and no building or structure shall be erected, constructed, enlarged, structurally or otherwise materially altered, or moved in whole or in part, and no use of buildings or land shall be established or changed in the Village of Moreland Hills, prior to the issuance of a Zoning Certificate. A Zoning Certificate shall be issued by the Building Inspector only when the plans for the proposed use, building or structure fully comply with the regulations set forth in this Planning and Zoning Code.
(a) A Zoning Certificate shall be issued under the following circumstances:
(1) Single-Family Detached and Uses Accessory Thereto. An application for a single-family detached dwelling or use accessory thereto has been reviewed and approved according to the procedures in Chapter 1127, Development Plan Review Procedures unless exempt from the requirements of Chapter 1127 pursuant to Sections 1151.17 and 1153.25.
(2) All Other Permitted Uses. An application for any other permitted use not described in subsection (a)(1) above, has been reviewed and approved according to the development plan review procedures set forth in Chapter 1127, Development Plan Review Procedures or reviewed and approved pursuant to any other applicable procedures set forth in this Planning and Zoning Code.
(3) Variance Requests. All applicable applications have been reviewed and approved according to the provisions of this Code, and a variance from a requirement of this Planning and Zoning Code has been reviewed and approved, according to the procedures set forth in Chapter 1151, Appeals and Variances.
(4) Similar Uses. An application for any use not specifically listed in this Planning and Zoning Code as a permitted use has been reviewed and approved by the Planning Commission according to the procedures set forth in Chapter 1171, General Use Regulations. (Ord. 2015-14. Passed 5-13-15.)
(b) Applications for Zoning Certificates are available in the Office of the Building Inspector. A completed application form accompanied by all other applicable submission requirements as well as the application fee shall be submitted to the Building Inspector.
(c) Expiration of Zoning Certificate. All Zoning Certificates shall expire if work there under does not progress under a schedule at least as rapid as the following, unless the Planning Commission finds due cause to extend such deadlines.
(1) Six months from issuance, work shall have begun (e.g., ground shall have been broken).
(2) Two (2) years from issuance, work shall be complete as shown on the approved development plan.
(3) Certificates which have expired shall require a new application, and the applicant shall comply with all provisions of this Code in effect on the date of the new application.
(d) No Zoning Certificate for excavation, construction, or reconstruction shall be issued unless the plans, specifications, and the intended use or occupancy conform to the provisions of this Planning and Zoning Code.
(Ord. 2012-21. Passed 7-11-12.)
1129.05 CERTIFICATE OF ZONING COMPLIANCE REQUIRED.
No land, new building, or structure shall be occupied or used, in whole or in part, and no change in the use of an existing building or structure, or any part thereof, shall be permitted, until a Certificate of Zoning Compliance has been applied for and issued by the Building Inspector. A Certificate of Zoning Compliance shall also be required prior to the use or occupancy of any building or land, if Section 1129.03, Zoning Certificate Required, requires said land or building to receive a Zoning Certificate.
(a) Certificate of Zoning Compliance shall be applied for and issued as follows:
(1) Occupancy of a Building. A Certificate of Zoning Compliance shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, changed in tenancy, or changed as to off-street parking requirements may be occupied. A Certificate of Zoning Compliance shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection by the Building Inspector, to conform with the provisions of this Planning and Zoning Code and any other applicable Village regulations, policies, and specifications.
(2) Occupancy of Land. A Certificate of Zoning Compliance shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A Certificate of Zoning Compliance shall be issued when it is determined, upon inspection, that the use conforms with the provisions of this Planning and Zoning Code
(3) Change in Use of Non-conforming Building or Use. A Certificate of Zoning Compliance shall be required whenever a non-conforming building, structure, or land is changed to another non-conforming use, and shall not be issued until the Board of Appeals has approved the change in accordance with the provisions of Chapter 1135, Non-conforming Uses, Lots, and Structures.
(b) An application for Certificate of Zoning Compliance shall include, in addition to the plans required for the Zoning Certificate, accurate information as to the size, location, drawings and description of the lot, the dimensions of yards and setbacks, the use of land, and the application fee.
(c) The use and/or development of a building or land shall be inspected by the Building Inspector upon application for a Certificate of Zoning Compliance, by the owner or his agent, to determine whether such use conforms to all provisions of this Planning and Zoning Code and the approved final development plan as applicable, or if it is a lawfully existing non-conforming use.
(d) Action by Building Inspector. The Building Inspector shall evaluate the application and approve or deny it. In evaluating the application, the Building Inspector may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Planning and Zoning Code. Following the Building Inspector's review, the Building Inspector shall:
(1) Approve. The Building Inspector shall issue a Certificate of Zoning Compliance upon finding that the building, structure or use, as proposed, complies with the provisions of this Planning and Zoning Code, if the maintenance and performance guarantees have been provided, as applicable.
(2) Denial. If it is determined by the Building Inspector that the proposed building, structure or use would violate one or more provisions of this Planning and Zoning Code, then the Certificate of Zoning Compliance shall not be issued. Upon disapproval of any application, the Building Inspector shall notify the applicant, in writing, of the reasons for disapproval.
(3) Temporary Certificate of Zoning Compliance. Pending the issuance of a permanent Certificate of Zoning Compliance, a temporary certificate may be issued, to be valid for a period not to exceed (6) six months from its date, pending the completion of any required improvements or landscaping, provided a performance guarantee has been provided to the Village from a banking institution of sufficient amount to cover the estimated cost of materials and labor and in a form acceptable to the Law Director.
(e) Certification. The Certificate of Zoning Compliance shall document that the building or proposed use of land or building conforms to the provisions of this Planning and Zoning Code.
(f) Records. A record of all Certificates of Zoning Compliance shall be kept on file at the office of the Building Inspector and copies shall be furnished on request to any person or persons having an interest as owner, tenant or occupant of the building affected. (Ord. 2012-21. Passed 7-11-12.)
1129.07 CONDITIONAL USE CERTIFICATES.
When a proposed use is permitted in a zoning district as a conditional use, as set forth in the district regulations, a Conditional Use Certificate is required and the application for such Conditional Use Certificate shall be submitted and reviewed according to the guidelines outlined in this Section.
(a) Pre-application Meeting Encouraged. The owner and/or agent of the owner is encouraged to meet with the Planning Commission prior to submitting an application for a Conditional Use Certificate. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within. However, no action shall be taken at such a meeting and no discussions, opinion, suggestions, or recommendations shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.
(b) Submission of Application. The owner and/or agent thereof, of property for which such conditional use is proposed shall file with the Building Inspector an application for a Conditional Use Certificate accompanied by payment of the required fee. The application for a Conditional Use Certificate shall disclose all uses proposed for the development, their location, extent, and characteristics and shall include the information required below, unless specific items are determined by the Building Inspector to be inapplicable or unnecessary and are waived:
(1) Completed application form along with the application fee;
(2) Photographs of the subject property and adjacent properties;
(3) The names, addresses, and lot numbers of the owners of property contiguous to and directly across the street from the parcel or parcels of land proposed for a conditional use, as such addresses appear on the County Auditor's then current tax list or the County Treasurer's mailing list; and,
(4) A development plan and associated documents as required by sub-section 1127.17 (a).
(c) Conditional Use Application Procedures.
(1) Review for Completeness. After receiving an application for a Conditional Use Certificate, the Building Inspector shall review the submitted application for completeness, payment of fees, and compliance with the applicable submission requirements. If the application is deemed insufficient, the Building Inspector shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Building Inspector shall officially accept the application for consideration of the action(s) requested on the date such determination is made.
(2) Distribution of Plans. Once the Building Inspector determines that the application is complete, the Building Inspector shall forward the application to appropriate Village departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Building Inspector.
(3) Transmission to the Planning Commission. The Building Inspector shall set the date for the public hearing mandated by sub-section 1129.07 (f) and distribute the application for Conditional Use Certificate and any reports prepared by the individuals in sub-section (c)(2) above to the Planning Commission.
(d) Review of Conditional Use Application. The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications and any testimony or representations presented to the Planning Commission, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Planning and Zoning Code. The Planning Commission shall review the application for a conditional use as follows:
(1) The Planning Commission shall review the application to determine if the establishment and operation of the proposed use complies with the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in sub-section 1129.07 (e) and Chapter 1177, Conditional Use Regulations, as well as any other applicable regulations in this Planning and Zoning Code;
(2) The Planning Commission shall review the development plan for the proposed conditional use according to the plan review criteria set forth in sub-section 1127.19, Criteria for Reviewing Preliminary Development Plans, as applicable; and,
(3) The Planning Commission may require the applicant to submit such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice. A deposit from the applicant may be required for such studies and advice.
(e) General Criteria for All Conditional Uses. A conditional use and uses accessory to such conditional use shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards and regulations set forth in Chapter 1177, Conditional Use Regulations. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:
(1) The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the prevailing, existing, or intended character of the general vicinity;
(2) The establishment, maintenance, or operation of the conditional use will not endanger the public health, safety, or general welfare;
(3) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; and,
(4) The surrounding uses permitted by right will be minimally impacted in the future by the proposed conditional use.
When evaluating applications utilizing the above criteria, the Planning Commission should judge the appropriateness of the proposed conditional use based upon its anticipated impacts given the scope of the proposed use on the subject site understanding that the Village has already accepted impacts normally associated with such a conditional use when the use was listed as a conditional use in the zoning district. (Ord. 2012-21. Passed 7-11-12.)
(f) Public Hearing and Notice by the Planning Commission. The Planning Commission shall hold a public hearing on the proposed conditional use. Notice of such public hearing shall be given, by first class mail, to the applicant and to the property owners contiguous to and directly across the street from the parcel or parcels of land on which the use is proposed. Failure of delivery of such notice shall not invalidate action taken on such application. All notices shall be deposited in the U. S. mail at least ten (10) days before the date of said public hearing. All notices shall set forth the time and place of the public hearing, the nature of the proposed conditional use, and where additional information can be obtained. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(g) Action by the Planning Commission. The Planning Commission shall take one of the following actions:
(1) If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Section 1129.07 (e) and the specific requirements in Chapter 1177, Conditional Use Regulations, the Planning Commission shall recommend approval of the Conditional Use Certificate to the Village Council. As part of the recommendation, the Planning Commission may prescribe reasonable requirements on the proposed use to ensure that the development conforms to the intent and purposes of the District and this Planning and Zoning Code. The Planning Commission may recommend approval of the application for a Conditional Use Certificate without approving the submitted preliminary development plan or may recommend conditioning such approval upon development plan approval pursuant to the requirements in Chapter 1127.
(2) If the proposed use is not found to comply with the specifications of this Planning and Zoning Code, the Planning Commission shall recommend denial of the application to the Village Council. The Planning Commission shall indicate in its minutes the reasons for its action.
(h) Action by Village Council. After the Planning Commission makes a recommendation regarding a proposed conditional use, the recommendation, along with the application, shall be submitted to Council.
(1) The purpose of Council's review shall be to confirm or deny the recommendation of the Planning Commission. In doing so, Council shall rely on the record of the Planning Commission. A public hearing shall not be required.
(2) Council shall act on the application according to the following:
A. Confirm the recommendation of the Planning Commission;
B. Refer the application for a Conditional Use Certificate back to the Planning Commission for further study and review;
C. Reverse the recommendation of the Planning Commission; or,
D. Amend the recommendation of the Planning Commission.
(i) Terms and Duration of Conditional Use Certificate. Following the Village Council's approval of an application for Conditional Use Certificate, the Building Inspector shall issue a Conditional Use Certificate.
(1) A Conditional Use Certificate shall authorize a particular conditional use on a specific parcel for which it was approved. A Conditional Use Certificate issued pursuant to this Chapter shall be valid only for the use and the operation of such use as specified on the Certificate. The breach of any condition, safeguard or requirement shall constitute a violation of this Planning and Zoning Code. Approval shall automatically be void if, for any reason, the conditional use shall cease for more than 180 days.
(2) The Conditional Use Certificate shall expire one (1) year from the date of enactment, unless:
A. The final development plan is approved for uses that require a final development plan;
B. Substantial progress in the establishment of the use is accomplished; or
C. As otherwise specifically approved by the Planning Commission.
(j) Re-application. The Building Inspector shall accept no re-application for a Conditional Use Certificate unless the re-application is based on a revised application that addresses the justification for the denial of the initial application. A re-application shall comply with all the requirements of this Chapter and the Planning and Zoning Code, including payment of the required application fee.
(k) Amendments to a Conditional Use Certificate. Procedures for the amendment of the Conditional Use Certificate shall be the same as for the original certificate application, with the exception that minor changes thereto, as determined by the Building Inspector, shall not require the resubmission of a new Conditional Use Certification application and may be approved by the Building Inspector. "Minor changes" to a Conditional Use Certificate shall include, but not be limited to, alterations or additions which do not increase the gross floor area of a building or the size of a structure by more than ten percent (10%) at the time of application for an amendment and which do not otherwise modify the basic use or physical characteristics of the site.
(Ord. 2012-21. Passed 7-11-12.)
1129.99 PENALTY.
A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.
(Ord. 2012-21. Passed 7-11-12.)
1131.01 APPLICATIONS TO THE BOARD OF APPEALS.
Any person, firm, corporation, or other entity adversely affected by any decision or act or omission by the Building Inspector within thirty (30) days of such decision may appeal to the Board of Appeals by filing with the Secretary to the Board of Appeals, a notice of appeal briefly stating the nature of the appeal, a copy or a recital of the substantive facts giving rise to the order, act or omission appealed from, including the date thereof. The Secretary shall notify the Building Inspector or other administrative officer of such appeal.
(Ord. 2012-21. Passed 7-11-12.)
1131.03 INITIATION OF APPLICATION.
All documents constituting the record upon which the application is based shall be transmitted to the Board of Appeals.
(a) For the purposes of this Chapter, an applicant's request for a variance from the terms of this Planning and Zoning Code shall be considered as an appeal to the Board of Appeals, subject to the regulations set forth in this Chapter.
(b) A request for an appeal or a variance or other matters for which the Board of Appeals has the power to authorize shall be submitted by the owner of the property involved or a person having an interest in such property and acting under written authority of the owner.
(Ord. 2012-21. Passed 7-11-12.)
1131.05 DETERMINATION OF JURISDICTION AND HEARING PROCEDURE.
After filing of the notice and application of appeal with the Board of Appeals, the Board shall set the date for a public hearing thereon within ten (10) days of the filing of such notice and shall fix a time and place of such hearing. The Board of Appeals shall have power to postpone and continue hearings in any cause upon sound reason therefore, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(a) The appellant and the officer whose act or omission is the subject matter of appeal shall have the right to appear in person and/or with an attorney; and any other person in interest may appear at the public hearing in person and/or with an attorney.
(b) The appellant shall be entitled to review and consider the records of the Village and of the Building Inspector insofar as they refer to, or are relevant to the matter or matters in issue.
(c) The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers and other evidence relevant to any matter or issue before it.
(d) In considering the appeal, relevant evidence may be presented directly affecting the subject matter of appeal.
(Ord. 2013-05. Passed 6-12-13.)
1131.07 NOTICE OF PUBLIC HEARING.
Upon such application being filed with the Board of Appeals, the Board shall give notice of the time, place, and purpose of the hearing thereon no later than ten (10) days prior to such hearing by mailing such notice by first-class mail to the property owner and to the owners of the property contiguous to and directly across the street from the property for which the variance or appeal is requested. Failure of delivery of such mail notice shall not invalidate the proceedings.
(Ord. 2013-05. Passed 6-12-13.)
1131.09 STAY OF PROCEEDINGS.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Appeals after the notice of the appeal has been filed, that by reason of facts stated in the application, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Building Inspector from whom the appeal is taken on due cause shown.
(Ord. 2012-21. Passed 7-11-12.)
1131.11 REVIEW OF APPLICATIONS.
The Board of Appeals shall review submitted applications. To aid in their review, the Board may transmit the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or expert opinions shall be compiled by the Building Inspector and transmitted to the Board of Appeals prior to the time of the Board's review. (Ord. 2012-21. Passed 7-11-12.)
1131.13 DECISION OF THE BOARD OF APPEALS.
Within its powers, the Board of Appeals may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit or certificate.
(a) The Board of Appeals shall render a decision at the same meeting as the public hearing or at a subsequent public meeting within a reasonable time from the date of the hearing.
(b) The Board shall notify the applicant in writing of the decision of the Board.
(c) The Secretary of the Board of Appeals shall keep minutes of all proceedings, showing the vote of each member thereon, and shall keep record of the Board's official actions.
(d) The Board shall in each case make a finding of fact and order granting or denying the application, which shall be incorporated in its records. Any conditions to the granting of such application shall also be incorporated in its records and made a part of any permit or certificate granted.
(e) Once the applicant has received the Board's decision, he/she shall, within twelve (12) months following the date of approval submit an application for a Zoning Certificate or other action that complies with the Board of Appeals' decision.
(1) A copy of the Board of Appeals' decision shall be attached to the application.
(2) If action is not taken by the appropriate party within the above-specified time frame, the authorization of the application shall become null and void, and reapplication to the Board shall be necessary.
(Ord. 2017-49. Passed 12-13-17.)
1131.15 REAPPLICATION OF APPEALS AND VARIANCES.
If the Board of Appeals denies the appeal and/or the variance, the Board need not rehear the application unless substantial new evidence is submitted as determined by the Building Inspector. (Ord. 2012-21. Passed 7-11-12.)
1131.17 AREA VARIANCES.
The Board of Appeals may authorize upon appeal in specific cases a variance from the terms of this Planning and Zoning Code, based upon the standards set out in sub-section 1131.17(c), Review by the Board, as will not be contrary to the public interest according to the following procedures:
(a) Application Requirements. An application for a variance shall be filed for review by the Board of Appeals upon the forms provided, and shall be accompanied by the submission requirements below:
(1) Name, address, and phone number of applicant(s);
(2) Proof of ownership, legal interest, or written authority;
(3) Legal description of property or portion thereof;
(4) Identification of the zoning district in which the property is located;
(5) Description or nature of variance requested;
(7) A plan, neatly and legibly drawn to adequately depict the information showing the following, where applicable:
A. The street providing access to the lot;
B. The lot/parcel identification of the subject site and the adjacent parcels;
C. The zoning of the subject site and adjacent parcels;
D. The actual dimensions of the lot, the setbacks and other open space dimensions thereof and the location and size of any existing structures thereon;
E. The location and size of the proposed structure, and/or the proposed enlargement of existing structures;
F. The location and setback of the driveways;
G. An elevation drawing for any proposed new structures or additions; and,
H. Any other information, including but not limited to floor plans and other drawings at a reasonable scale to convey the need for the variance, which, in the judgment of the Building Inspector, may be necessary to provide for the enforcement of this Code.
(8) Payment of the appropriate application fee;
(9) List of all owners of the property contiguous to and directly across the street from the property for which the variance is requested; and,
(10) Any other documents deemed necessary by the Building Inspector.
(b) Review for Completeness. After receiving an application for a variance, the Building Inspector shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Building Inspector shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Building Inspector shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Board of Appeals' agenda.
(c) Review by the Board. According to the procedures established for appeals in this Chapter, the Board of Appeals shall hold a public hearing and give notice of the same. The Board of Appeals shall review each application for a variance to determine if it complies with the purpose and intent of this Planning and Zoning Code and evidence demonstrates that the literal enforcement of this Planning and Zoning Code will result in practical difficulty. The Board shall not grant a variance unless it shall, in each case, make specific findings of fact directly based upon the particular evidence presented to it from the factors below.
Area Variance. The following factors shall be considered and weighed by the Board to determine practical difficulty:
(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 proximity to 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, or 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; and,
(11) Whether a literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.
(d) Requests for Additional Information. The Board of Appeals may request that the applicant supply additional information that the Board of Appeals deems necessary to review and evaluate the request for a variance.
(e) Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met. Violation of such conditions and safeguards, when made a part of the terms under which the application is granted, shall be deemed a violation punishable under Chapter 1137, Enforcement and Penalties.
(f) Action by the Board. The Board shall act according to the procedures established for appeals in this Chapter.
(1) The Board shall:
A. approve,
B. approve with supplementary conditions, or
C. disapprove the request.
(2) The Board shall have the power, in specific cases, to vary the application of certain provisions of this Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done. (Ord. 2012-21. Passed 7-11-12.)
1131.19 APPEAL OF BOARD'S DECISION.
Decisions of the Board of Appeals shall be final within the Village, except as provided for in Section 1131.21, except that an appeal from any decision may be taken to the Court of Common Pleas in accordance with the laws of the State by any proper and interested party, including the Village of Moreland Hills. (Ord. 2012-21. Passed 7-11-12.)
1131.21 USE VARIANCE.
After receiving a recommendation from the Board of Appeals, the Village Council may authorize upon appeal in specific cases a use variance from the terms of this Planning and Zoning Code, based upon the standards set out in this Section, as will not be contrary to the public interest according to the following procedures:
(a) Application Requirements. An application for a use variance shall be filed for review by the Board of Appeals and the Village Council upon the forms provided, and shall be accompanied by the submission requirements outlined in sub-section 1131.17 (a), where applicable.
(b) Review for Completeness. After receiving an application for a use variance, the Building Inspector shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Building Inspector shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Building Inspector shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Board of Appeals' agenda.
(c) Review by the Board. According to the procedures established for appeals in this Chapter, the Board of Appeals shall hold a public hearing and give notice of the same. The Board of Appeals shall review each application for a variance to determine if it complies with the purpose and intent of this Planning and Zoning Code and evidence demonstrates that the literal enforcement of this Planning and Zoning Code will result in unnecessary hardship.
(d) Use Variance. In order to grant a use variance, the Board of Appeals and the Village Council shall determine that strict compliance with the terms of this Code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the criteria in sub-section 1131.21 (d)(1) are satisfied. The applicant may further demonstrate hardship by use of the criteria in 1131.21 (d)(2).
(1) The applicant shall demonstrate hardship with the following:
A. The variance requested stems from a condition that is unique to the property at issue and not ordinarily found in the same zone or district;
B. The granting of the variance will not have any material adverse affect on the rights of adjacent property owners or residents;
C. The granting of the variance will not have any material adverse affect on the public health, safety or general welfare of the Village of Moreland Hills;
D. The variance will be consistent with the general spirit and intent of the Code; and,
E. The variance sought is the minimum that will afford relief to the applicant.
(2) The applicant may submit evidence and the Board of Appeals and the Village Council may also consider:
A. Whether the property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located; and,
B. Whether, and the extent to which (if applicable), the hardship condition is not created by actions of the applicant.
(e) Requests for Additional Information. The Board of Appeals and the Village Council may request that the applicant supply additional information that they deem necessary to review and evaluate the request for a use variance.
(f) Action by the Board of Appeals. The Board of Appeals shall take one of the following actions:
(1) If the Board of Appeals determines that strict compliance with the terms of this Code will result in unnecessary hardship to the applicant, the Board of Appeals shall recommend approval to the Village Council. The Board of Appeals shall indicate in its minutes the reasons for its actions. As part of the recommendation, the Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of this Code will be met. Violation of such conditions and safeguards, when made a part of the terms under which the application is granted, shall be deemed a violation punishable under Chapter 1137, Enforcement and Penalties.
(2) If the Board of Appeals determines that strict compliance with the terms of this Code will not result in unnecessary hardship to the applicant, the Board of Appeals shall recommend denial of the application to the Village Council. The Board of Appeals shall indicate in its minutes the reasons for its action.
(g) Action by Village Council. After the Board of Appeals makes a recommendation regarding a proposed use variance, the recommendation, along with the application, shall be submitted to Council.
(1) The purpose of Council's review shall be to confirm or deny the recommendation of the Board of Appeals. In doing so, Council shall rely on the record of the Board of Appeals. A public hearing shall not be required, but Council's action on same shall be held during a regulation or special Council meeting.
(2) Council shall act on the application according to the following:
A. Confirm the recommendation of the Board of Appeals;
B. Refer the application for a use variance back to the Board of Appeals for further study and review;
C. Reverse the recommendation of the Board of Appeals; or,
D. Amend the recommendation of the Board of Appeals.
(Ord. 2012-21. Passed 7-11-12.)
1133.01 AUTHORITY FOR AMENDMENTS.
The regulations imposed and the districts created under this Planning and Zoning Code may be amended from time to time by ordinance duly enacted by the Village Council. No such amendment shall be adopted except in accordance with the Village's Charter and the procedures specified in this Chapter of the Planning and Zoning Code.
(Ord. 2012-21. Passed 7-11-12.)
1133.03 INITIATION OF ZONING AMENDMENTS.
Amendments to this Planning and Zoning Code shall only be initiated in one of the following ways:
(a) By the filing of an application by all owners or lessees of property or developers with an option or a signed purchase contract on such property within the area proposed to be changed or affected by said amendment. If the applicant is not the property owner, the property owner shall sign the application.
(b) By the adoption of a motion by the Planning Commission.
(c) By the Mayor or a member of the Village Council.
(Ord. 2012-21. Passed 7-11-12.)
1133.05 AMENDMENTS INITIATED BY PROPERTY OWNERS.
An amendment initiated by all owners or lessees of property or a developer with an option or a signed purchase contract on such property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:
(a) Discussion with Planning Commission. Prior to submitting an application for an amendment to the Planning and Zoning Code, the applicant may appear before the Planning Commission to informally discuss the proposed amendment. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations of the Planning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval of the proposed amendment.
(b) Submission Requirements. An application for a zoning amendment may be obtained in Village Hall The application for amendments to both the Planning and Zoning Code text and the Official Zoning Map shall be in such form and contain such information as shall be prescribed from time to time by the Building Inspector. The application shall also include the application fee and the information listed below:
(1) The name, address and phone number of the applicant and the property owner, if other than the applicant;
(2) A statement of the reason(s) for the proposed amendment;
(3) A statement on the ways in which the proposed amendment relates to the adopted plans and policies of the Village;
(4) Amendments to the Official Zoning Map adopted as part of this Planning and Zoning Code shall contain the following additional information:
A. Legal description of the parcel(s) to be rezoned, drawn by an Ohio registered/licensed surveyor;
B. Present use and zoning district;
C. Proposed use and zoning district;
D. A vicinity map at a scale approved by the Building Inspector showing property lines, thoroughfares, and such other items as the Building Inspector may require;
E. The names, addresses, and lot numbers of the owners of property contiguous to and directly across the street from the parcel or parcels of land proposed for rezoning; and,
F. Photographs of the subject property and adjacent properties.
(c) Review for Completeness. The Building Inspector shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Building Inspector shall notify the applicant of the deficiencies and place the application on hold until complete. When the application is determined complete and the application fee has been paid, the Building Inspector shall officially accept the application for consideration.
(d) Transmittal to the Planning Commission. After the filing of a completed application by all owners, lessees of property, or developer with an option or a signed purchase contract on such property, the Building Inspector shall transmit the application to the Planning Commission to begin the adoption process specified in this Chapter.
(Ord. 2012-21. Passed 7-11-12.)
(Ord. 2012-21. Passed 7-11-12.)
1133.07 AMENDMENTS INITIATED BY THE PLANNING COMMISSION OR THE VILLAGE COUNCIL.
After the formal introduction of an Ordinance by the Village Council; the passage of a motion by the Planning Commission; or the passage of a resolution by the Village Council, the proposed amendment shall be reviewed and considered by the Planning Commission and the Village Council according to the process set forth in this Chapter.
(Ord. 2012-21. Passed 7-11-12.)
1133.09 PUBLIC HEARING AND NOTICE BY PLANNING COMMISSION.
(a) Upon the passage of a motion by the Planning Commission or upon the receipt of an Ordinance or resolution from the Village Council, the Planning Commission shall set a date for a public hearing for reviewing the proposed amendment.
(b) Whenever a proposed map amendment proposes to rezone ten (10) or fewer parcels, written notification shall be given by the Building Inspector, by first class mail, to the applicant and to all owners of property located contiguous to and directly across the street from the property proposed to be rezoned or redistricted. Failure of delivery of such notice shall not invalidate any recommendation of the Planning Commission or any subsequently enacted ordinance.
(c) All notices shall be mailed at least ten (10) days prior to the date of the public hearing.
(d) In all cases, notice of such hearing shall be given one (1) time in a newspaper of general circulation in the Village.
(e) Notices shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that the opportunity to be heard will be afforded to any person interested.
(f) The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(Ord. 2016-30. Passed 9-15-16.)
1133.11 AMENDMENTS TO TEXT.
When a proposed amendment would result in a change in the text of this Planning and Zoning Code but would not result in a change of zoning classification of any property on the Official Zoning Map, the Planning Commission and the Village Council shall consider the following items when formulating its decisions:
(a) Whether such change is consistent with the intent and purposes of this Planning and Zoning Code;
(b) Which areas are most likely to be directly affected by such change and in what way they will be affected; and,
(c) Whether the proposed amendment is made necessary because of changed or changing conditions in the areas of zoning districts affected or in the Village generally, and, if so, the nature of such changed or changing conditions.
(Ord. 2012-21. Passed 7-11-12.)
1133.13 AMENDMENTS TO CHANGE ZONING DISTRICTS OR ZONING CLASSIFICATIONS OF PROPERTIES.
When a proposed amendment would result in a change of zoning classification of any property, the Planning Commission and the Village Council should consider whether:
(a) The change in classification would be consistent with the adopted plans and policies of the Village;
(b) The change in classification would be consistent with the intent and purposes of this Planning and Zoning Code;
(c) The proposed amendment is made necessary because of changed or changing conditions in the area affected, and if so, the nature of such changed or changing conditions;
(d) The uses that would be permitted on the property if it were reclassified would be compatible with the uses permitted on other property in the immediate vicinity;
(e) The uses that would be permitted on the property, if it were reclassified, would have an adverse environmental or health impact on the immediate surrounding area in terms of acceptable air, noise, light, or water quality standards;
(f) Adequate utility, wastewater, and water facilities, and all other needed public services exist or can be provided to serve the uses that would be permitted on a property if it were reclassified; and,
(g) The proposed amendment would correct an error in the application of this Planning and Zoning Code as applied to the subject property.
(Ord. 2012-21. Passed 7-11-12.)
1133.15 RECOMMENDATION BY THE PLANNING COMMISSION.
(a) After the conclusion of the public hearing required in Section 1133.09, the Planning Commission shall recommend, within ninety (90) days unless such time is extended by action of the Council, one of the following to Village Council, in writing, along with the minutes of the hearing:
(1) That the amendment be granted, as requested;
(2) That the amendment be granted, as modified by the Planning Commission; or,
(3) That the amendment be denied.
(b) If the Planning Commission does not make a recommendation on the proposed amendment within forty-five (45) days after the public hearing, it shall be deemed that the recommendation of the Planning Commission is that the amendment be denied.
(c) All recommendations shall also be forwarded to the applicant, as applicable.
(Ord. 2012-21. Passed 7-11-12.)
1133.17 PUBLIC HEARING AND NOTICE BY THE VILLAGE COUNCIL.
Upon receiving the report and recommendation of the Planning Commission as to any proposed amendment to this Planning and Zoning Code or the Official Zoning Map, Council shall set a date for public hearing.
(a) Notice of the public hearing shall be given by Council according to the following:
(1) Notice of the public hearing shall be published with at least thirty (30) days notice of the time and place of said public hearing to be advertised in a newspaper of general circulation in the Village.
(2) Whenever a proposed map amendment proposes to rezone ten (10) or fewer parcels, written notification shall be given by the Building Inspector, by first class mail at least twenty (20) days before the date of the public hearing, to the applicant and to all owners of property located contiguous to and directly across the street from the property proposed to be rezoned or redistricted. The failure to deliver the notification, as provided in this sub-section shall not invalidate any such amendment, ordinance, measure or regulation.
(3) Notices shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that the opportunity to be heard will be afforded to any person interested.
(b) Council may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(c) During the thirty (30) days prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the recommendation of the Planning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.
(Ord. 2012-21. Passed 7-11-12.)
1133.19 ACTION BY VILLAGE COUNCIL.
After the conclusion of the public hearing, Council shall take action on the proposed amendment.
(a) Council shall:
(1) Adopt the recommendation of the Planning Commission;
(2) Deny the recommendation of the Planning Commission; or
(3) Adopt some modification thereof.
(b) Required Vote for Adoption.
(1) When the Planning Commission recommends approval of a proposed amendment, then no such amendment shall be adopted unless approved by an affirmative vote of at least five (5) members of Council.
(2) When the Planning Commission recommends disapproval of a proposed amendment, then no such amendment shall be adopted unless there is an affirmative vote of at least six (6) members of Council.
(c) Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement if such amendment to the proposal is germane to the subject matter thereof and is in accordance with the recommendation of the Planning Commission.
(d) If a proposed amendment is not adopted by the Village Council within 175 days after receiving the recommendation of the Planning Commission is submitted, such proposed amendment shall be deemed to have been defeated and denied and shall not thereafter be passed without additional proceedings as provided for in this Chapter.
(e) Any person or persons desiring an amendment of the Official Zoning Map or text of the Planning and Zoning Code whose application is denied by Village Council and who fails to exhaust any other legal remedies that may be available to that person or persons, shall be barred from making application for the same amendment for the period of one (1) year, unless the application contains substantial changes in the use of the real property at issue and/or the scope of the proposed amendment.
(Ord. 2012-21. Passed 7-11-12.)
1133.21 ANNEXATION.
Upon any territory being annexed to this Village, the area so annexed shall become a part of the zone district established by this Planning and Zoning Code to which the annexed area is contiguous. The Planning Commission shall, in case of doubt, determine the district to which such area shall become a part, until such time as Council by proper legislation incorporates such area into a district created hereby.
(Ord. 2012-21. Passed 7-11-12.)
1135.01 INTENT.
The purpose of this Chapter is to recognize the existence of uses, buildings, lots and structures that lawfully existed at the time of this Planning and Zoning Code's enactment, or amendment thereto, but which now do not conform with one or more of the regulations contained in this Planning and Zoning Code. Non-conforming uses of structures and/or land are considered by this Code to be incompatible with the provisions applicable in the district in which such uses are located. In addition, it is recognized that there are lots, buildings, parking lots, signs, and other structures that do not conform to the zoning regulations in this Code. Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of non-conforming uses, non-conforming buildings/structures, and non-conforming lots are established in order to achieve the following purposes:
(a) To permit the continuance but control of non-conforming uses so as to minimize any adverse effects the uses might have on the adjoining properties and development;
(b) To continue the maintenance and repair of non-conforming uses;
(c) To restrict the rebuilding of non-conforming uses, if substantially destroyed;
(d) To require conformity if a non-conforming use is discontinued, to bring about eventual conformity of all uses in accordance with the objectives of the Comprehensive Land Use Plan and the Planning and Zoning Code of the Village;
(e) To establish regulations for the development of sites containing non-conforming site conditions;
(f) To establish regulations for the development of non-conforming lots; and,
(g) To establish regulations for the use, restoration, reconstruction, and expansion of structures that do not conform to the standards set forth in this Planning and Zoning Code. (Ord. 2012-21. Passed 7-11-12.)
1135.03 LAWFUL NON-CONFORMANCE.
The provisions of this Chapter shall apply to any building, structure, land, site condition, or other use hereafter becoming non-conforming as a result of the adoption of this Planning and Zoning Code as well as amendments made to this Planning and Zoning Code or the Official Zoning Map.
(a) The lawful use of any dwelling, building or structure and of any land or premises as existing and lawful at the time of enacting this Code, or any amendments thereto, may be continued although such use does not conform to the provisions of this Code. The completion, restoration, reconstruction, extension or substitution of non-conforming uses shall be subject to the provisions and conditions set forth in this Chapter.
(b) A non-conforming lot, use, building or structure does not include non-conformity with regulations pursuant to a legally granted variance from a zoning regulation.
(c) Ordinary repairs, or repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a non-conforming structure or on any portion of a structure that contains a non-conforming use provided that such repair or replacement is performed in accordance with all applicable state and local building codes and regulations and the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.
(Ord. 2012-21. Passed 7-11-12.)
1135.05 NON-CONFORMING USES OF BUILDINGS, STRUCTURES, OR LAND.
A non-conforming use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following regulations:
(a) Change or Substitution to Another Non-conforming Use. A non-conforming use of a building, structure or land shall not be changed or substituted to another non-conforming use unless:
(1) Appeals. The Board of Appeals finds that the use proposed is equally appropriate or more appropriate to the district than the existing non-conforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing non-conforming use. In permitting such change, the Board of Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Planning and Zoning Code and when made a part of the terms under which the change is granted.
A. Whenever a non-conforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive non-conforming use.
B. Whenever a non-conforming use is changed to a use permitted in the district in which the lot is located, it shall cease to be considered a non-conforming use. Upon such compliance, no non-conforming use shall be made, resumed or reinstated.
C. Violation of any conditions and/or safeguards prescribed shall be deemed a violation of this Planning and Zoning Code and shall be punishable under Chapter 1137, Enforcement and Penalties.
(2) An application is filed with the Board of Appeals and such application includes payment of the fee established by the Village.
(b) Land Occupied by Non-conforming Use.
(1) Expansion of Non-conforming Use of Land. A non-conforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became non-conforming, unless otherwise specified by this Code.
(2) Relocation of Non-conforming Use of Land. A non-conforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became non-conforming.
(c) Structures Occupied by Non-conforming Use.
(1) Extension of Non-conforming Use within Building. A non-conforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Planning and Zoning Code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such non-conforming use.
(2) Expansion and Improvement of Building(s). No such building shall be enlarged, expanded, altered, improved, or reconstructed to increase the non-conforming use, and no additional structures shall be constructed in connection with such non-conforming use unless the Board of Appeals determines that the proposed changes, additions and/or improvements shall upgrade the activity and make the resulting development more compatible with the district for which it is zoned and more compatible with the adjacent uses. In making this determination, the Board of Appeals shall consider the following:
A. Hours of operation;
B. Volume and type of sales;
C. Type of processing activity;
D. Nature and location of storage;
E. Traffic generation by volume, type, and characteristics;
F. Parking and loading characteristics; and,
G. Noise, smoke, odor, glare, vibration, radiation, and fumes.
(3) Damage or Destruction. In the event a building or structure that is occupied by a non-conforming use is more than fifty percent (50%) destroyed or removed by whatever cause, including acts of God, such building or structure shall not be restored or replaced except in conformity with the regulations for the district in which it is located.
(d) Discontinuance of Use. Whenever a non-conforming use of a building, part of a building, lot or part of a lot is discontinued for one (1) year, such discontinuance shall constitute voluntary abandonment of such use and any subsequent use of the building, part of a building, lot or part of a lot shall conform to the use regulations specified by this Code for the district in which such land is located.
(e) Regulations for Non-conforming Gasoline Service Stations. Gasoline service stations shall comply with the following:
(1) Parking of motor vehicles outside of the gasoline service station shall, both day and night, be limited to two (2) motor vehicles for each bay, including any trailers, plus those vehicles of employees on duty at the gasoline service station and one service vehicle. Trucks and/or trailers for rental shall not be permitted on a gasoline service station site.
(2) Service station premises shall be maintained in a clean, neat condition and there shall be no weeds permitted to grow and no litter or debris permitted to accumulate on the premises, and each service station premises shall be maintained daily so that at the beginning of business there is no such litter or debris.
(3) On any gasoline service station premises, no wares, goods, foods, drinks, tires, batteries, accessories or other item or thing shall be displayed or sold outside the gasoline service station building, except that subject to the approval of the Planning Commission of the box or machine and its location, there may be placed outside the service station building, on the service station premises, a receptacle for receiving charitable gifts of personal property and a machine or cooler for the storage and sale of ice.
(4) No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.
(5) All activities, except those required to be performed at a fuel pump, air dispenser or self-serve automobile vacuum, shall be conducted entirely within a building.
(Ord. 2012-21. Passed 7-11-12.)
1135.07 NON-CONFORMING BUILDINGS AND STRUCTURES.
A non-conforming building or structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Enlargement, Repair, and Alterations. A non-conforming building or structure may be enlarged, maintained, repaired, or structurally altered provided the additions are made to conform to all the regulations of the district in which it is located. However, no such enlargement, maintenance, repair, or structural alteration shall either create any additional non-conformity or increase the degree of the existing non-conformity of all or any part of such building or structure with respect to the regulations in this Planning and Zoning Code.
(b) Moving. No building or structure which is non-conforming under this Planning and Zoning Code shall be moved in whole or in part to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the district in which it is located after being moved.
(c) Restoration of Damaged Building or Structure. If a non-conforming building or structure is damaged or destroyed by any means except intentional misconduct of the owner or occupant, those portions so destroyed or damaged may be restored to the original footprint and floor area of the building or structure, provided the reconstruction is begun within six (6) months of the damage or destruction. Any restoration that exceeds the original footprint and/or floor area shall comply with sub-section 1135.07 (a), Enlargement, Repair, and Alterations.
(d) Change in Principal Use of Building. The principal use of a non-conforming building may be changed to any other use permitted in the district in which it is located so long as the new use complies with all regulations of this Planning and Zoning Code specified for such use, except the regulations to which the building did not conform prior to the change in use.
(e) Variances from district regulations on area, lot coverage, lot width, height, setbacks, location on the lot may be granted by the Board of Appeals where necessary and where such appeal for a variance meets the requirements of Section 1131.17, Area Variance.
(Ord. 2012-21. Passed 7-11-12.)
1135.09 NON-CONFORMING LOTS.
A lot of record that, on the effective date of this Planning and Zoning Code, or any amendment thereto, does not comply with the lot area and/or lot width regulations of the district in which the lot is located may be used as follows:
(a) Existing Buildings on Non-Conforming Lots of Record.
(1) Existing building on a non-residential non-conforming lot. If a non-conforming lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Planning and Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
(2) Existing dwelling on a residential non-conforming lot. If the lot is occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Planning and Zoning Code, except for the lot area and lot width regulations of the district in which the lot is located.
A. Structural alterations of a residential structure which is non-conforming only by reason of lot size or lot width shall be permitted in accordance with all applicable regulations of the Planning and Zoning Code and upon approval by the Building Inspector.
B. The number of dwelling units shall not be increased unless all regulations, including lot area, are complied with.
(b) Vacant Non-conforming Lot(s) of Record.
(1) Non-conforming lot(s) of record in a residential district. A non-conforming lot in the Dwelling House District that is in separate ownership and not of continuous frontage with other lots under the same ownership shall be permitted to be developed as a site for a single-family detached dwelling and customary accessory buildings provided:
A. Such dwelling and its accessory uses shall comply with all regulations of this Planning and Zoning Code, except for the lot area and lot width, unless a variance is granted.
B. Review and approval of development on such lots of record shall be conducted according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.
C. There is evidence of adequacy of all required utilities and services from all applicable approving authorities.
D. Variances of requirements from district regulations other than lot area or lot width shall be obtained through action of the Board of Appeals as provided in Section 1131.17, Area Variance.
(2) Vacant non-conforming lot in the apartment house or retail business district. A vacant non-conforming lot in the Apartment House District or Retail Business District may be used for any use permitted in the district in which it is located when the development of such lot meets all requirements of the district in which it is located, including the maximum lot coverage and minimum setback requirements, except for the minimum lot area and lot width requirements, except that no use that requires a greater lot size than the established minimum lot size for a particular district shall be permitted on a non-conforming lot. Review and approval of development on such lots of record shall be conducted according to the development plan review requirements set forth in Chapter 1127.
(Ord. 2012-21. Passed 7-11-12.)
1135.11 NON-CONFORMING SIGNS.
A sign, lawfully existing at the time this Planning and Zoning Code, or any amendment thereto, became or becomes effective, but which does not comply with the sign regulations of the district in which it is located is a non-conforming sign. Non-conforming signs shall comply with the regulations set forth in Chapter 1183, Sign and Billboard Regulations.
(Ord. 2012-21. Passed 7-11-12.)
1135.13 NON-CONFORMING PARKING FACILITIES.
For a building or use existing lawfully at the time of this Planning and Zoning Code, or an amendment thereto, became or becomes effective, but which does not comply with the off-street parking regulations, see Section 1179.17, Non-conforming Parking Facilities.
(Ord. 2012-21. Passed 7-11-12.)
1135.15 NON-CONFORMING SITE CONDITIONS EXISTING AT TIME OF DEVELOPMENT PLAN REVIEW.
If a non-conforming site condition(s) exists when a revised development plan is required pursuant to Chapter 1127, then such site condition(s) shall be brought into compliance with district regulations, unless the Planning Commission determines that such conformance cannot be reasonably achieved because of existing site conditions. Existing site conditions include, but are not limited to, the existing lot configuration and patterns of surrounding development; inability of the applicant to acquire additional property; location of the existing structures on the site in question; the location of parking and access on the site in question, and the location of utilities both on and off-site. In such case, the Planning Commission shall approve a development plan that reduces the existing non-conforming site condition(s) to the maximum extent practicable.
(Ord. 2012-21. Passed 7-11-12.)
1135.17 EXISTING USE DEEMED CONDITIONAL USE; PERMIT REQUIRED FOR CHANGE.
Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of this Planning and Zoning Code, or amendment thereto, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conditional use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in operations shall only be permitted upon review and approval by the Planning Commission according to the procedures for conditional uses set forth in Chapter 1129, Certificates.
(Ord. 2012-21. Passed 7-11-12.)
1135.19 COMPLETION OF CONSTRUCTION WITH BUILDING PERMIT.
Nothing in this Planning and Zoning Code shall prohibit the completion of the construction and use of buildings for which a Building Permit has been issued prior to the effective date of this Planning and Zoning Code, or amendments thereto, provided construction shall start within one (1) year of the issuance of the Building Permit, is carried on diligently and without interruption, and the entire building shall be completed within one (1) year after the start of construction. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction. (Ord. 2012-21. Passed 7-11-12.)
1135.99 PENALTY.
A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties. (Ord. 2012-21. Passed 7-11-12.)
1137.01 ENFORCEMENT BY BUILDING INSPECTOR.
The provisions of this Planning and Zoning Code shall be administered and enforced by the Building Inspector or such other officers with the duty and authority of enforcing ordinances of the Village. (Ord. 2012-21. Passed 7-11-12.)
1137.03 CONSTRUCTION AND USE AS APPROVED.
Zoning Certificates issued by the Building Inspector on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of this Code.
(Ord. 2012-21. Passed 7-11-12.)
1137.05 VIOLATIONS.
It shall be unlawful to:
(a) Use or occupy any land or place; build, erect, alter, remodel, restore, or rebuild thereon any building or structure; permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Planning and Zoning Code; and
(b) Use or occupy any parcel of land; use or occupy a new building; or enlarge, substitute, or otherwise change the use, occupancy, or configuration of any land or building, without having received a Zoning Certificate or Certificate of Zoning Compliance, as applicable, indicating compliance with the provisions of this Planning and Zoning Code from the Building Inspector; and
(c) Aid, assist, or participate with any person in placing, building, erecting, altering, remodeling, restoring, or rebuilding any building or structure which is not permitted by the provisions of this Planning and Zoning Code; and
(d) Violate or fail to perform any condition, stipulation or safeguard set forth in any certificate or approval issued pursuant to this Planning and Zoning Code, or continue to use or occupy the premises or building as previously authorized by such certificate or approval beyond the duration limit therein stated; and
(e) Continue construction, renovation, or improvements contrary to a Stop Work Order or Notice of Violation, unless permitted to continue by the Building Inspector when necessary to protect property or the health, safety, and welfare of the Village; and
(f) Refuse to permit the Building Inspector to enter any premises in the Village to investigate a reported violation of the provisions of this Planning and Zoning Code; and
(g) Knowingly make any materially false statement of fact in an application to the Building Inspector for development plan approval, a Zoning Certificate, or Certificate of Zoning Compliance, or in the plans or specifications submitted to the Building Inspector in relation to such application.
(Ord. 2012-21. Passed 7-11-12.)
1137.07 VIOLATION CONSIDERED A NUISANCE.
Any building erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any provision of this Planning and Zoning Code may be declared to be a nuisance. Any building or land use activity considered to be a possible violation of any provision of this Planning and Zoning Code that is observed by any Village official shall be reported to the Building Inspector.
(Ord. 2012-21. Passed 7-11-12.)
1137.09 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Planning and Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint. Such written complaints shall fully state the causes and basis of the complaint and shall be filed with the Building Inspector.
(Ord. 2012-21. Passed 7-11-12.)
1137.11 INSPECTION OF PROPERTY.
The Building Inspector shall inspect any building erected, altered, moved, razed or converted, or any use of land or premises carried on in alleged violation of any of the provisions of this Planning and Zoning Code including any alleged failure to comply with any conditions placed upon an application at the time of approval.
(Ord. 2012-21. Passed 7-11-12.)
1137.13 STOP WORK ORDER.
Subsequent to a determination that construction work is being done contrary to this Planning and Zoning Code, or if the work being performed is causing any situation that threatens the health, safety or welfare of the surrounding property owners, their respective properties, or of the general public passing through or near the construction area, the Building Inspector may issue a stop work order and post it on the premises involved. A stop work order shall be issued when there is a threat to health and/or safety Removal of a stop work order, except by the order of the Building Inspector, shall constitute a punishable violation of this Planning and Zoning Code. (Ord. 2012-21. Passed 7-11-12.)
1137.15 NOTICE OF VIOLATION.
(a) Upon finding a violation, the Building Inspector shall order, in writing, the owner, agent, occupant or operator of such building or premises to correct, within a stated reasonable time, all conditions that are found to be in violation of this Planning and Zoning Code. After such a notice is served, no work, except to correct the violation or comply with the notice, shall proceed on any building or premises included in the violation.
(b) Such notice of violation shall be by either personal delivery to the person or persons responsible, or by certified mail, addressed to the person or persons responsible at the last known address. (Ord. 2012-21. Passed 7-11-12.)
1137.17 CERTIFICATE REVOCATION.
The Building Inspector may issue a revocation notice to revoke a certificate or approval that was issued contrary to this Planning and Zoning Code or based upon false information or misrepresentation in the application. The certificate or approval shall be revoked by notice, in writing, to be personally delivered to the holder of the void certificate or approval upon the premises concerned or by certified mail to the last known address of such holder. Any person who proceeds thereafter with such work or use without having obtained a new certificate or approval in accordance with this Planning and Zoning Code shall be deemed guilty of violation thereof.
(Ord. 2012-21. Passed 7-11-12.)
1137.99 PENALTY.
A violation of any provision of this Code is a misdemeanor of the first degree. Each day during which any such violation shall continue shall constitute a separate offense.
(Ord. 2012-21. Passed 7-11-12.)