This Chapter sets forth the powers and duties of the Zoning Inspector, the Planning Commission, the Board of Zoning Appeals, and the City Council with respect to the administration of the provisions of this Zoning Ordinance.

(Ord. 3-95. Passed 1-17-95.)

   (a)   Establishment. The Building Inspector of Munroe Falls shall be the Zoning Inspector for the Municipality. The Zoning Inspector shall act as the administrative officer for the purpose of effecting the proper administration of the Zoning Ordinance.

   (b)   Powers and Duties. For the purpose of this Zoning Ordinance, the Zoning Inspector shall have the following powers and duties:

      (1)   Enforce the provisions of this Ordinance and interpret the meaning and application of its provisions.

      (2)   Issue zoning certificates and conditional zoning certificates as provided by this Zoning Ordinance and keep a record of same with a notation of any special conditions involved.

      (3)   Accept and review for completeness all applications upon which the Zoning Inspector is authorized to review by the provisions of this Ordinance. The Zoning Inspector shall promptly review each application submitted to determine compliance with applicable district regulations and submission requirements. If the application is deemed insufficient, the Zoning Inspector shall promptly notify the applicant of necessary changes. If the application is deemed sufficient and the application fee has been paid, the Zoning Inspector shall officially accept the application on that date for consideration of the action(s) requested.

      (4)   Respond to questions concerning applications for amendments to the Zoning Ordinance and the Zoning Districts Map.

      (5)   Maintain in current status the Zoning Districts Map which shall be kept on permanent display in the City.

      (6)   Maintain permanent and current records required by this Zoning Ordinance, including but not limited to zoning approval, inspection documents, and records of all variances, amendments, and conditional uses.

      (7)   Make such records available for the use of City Council, the Planning Commission, the Board of Zoning Appeals and the public.

      (8)   Conduct inspections of buildings and uses of land to determine compliance with this Zoning Ordinance and, in the case of any violation, to stop work, and to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.

      (9)   Determine the existence of any violations of this Zoning Ordinance and cause such notifications, revocation notices, stop work orders, or tickets to be issued, or initiate such other administrative or legal action as needed, to address such violations.

(Ord. 3-95. Passed 1-17-95.)

   (a)   Composition and Organization. The composition and appointment of the Planning Commission shall be in compliance with and as provided in Section 12.01 of the Municipal Charter.

   (b)   Organization, Quorum. Subject to the provisions of Section of Section 12.02 of the Municipal Charter, the Planning Commission shall elect a chairman from its membership, and shall prescribe rules for the conduct of its affairs. A majority of the members of the Planning Commission shall constitute a quorum for the transaction of all business, and action by the Commission on any matter shall be effected by the concurring votes of at least a majority of its members.

   (c)   Powers and Duties of the Commission. For the purpose of this Zoning Ordinance, the Planning Commission shall have the following powers and duties.

      (1)   To adopt and recommend to City Council plans for the physical development of the City, or the redevelopment of any area or district therein which shall include the location of streets and other public ways, parks, playgrounds, recreation areas and other public places.

      (2)   To review and recommend to City Council plans and maps for dividing the City or any portion thereof into zones or districts representing the recom mendations of the Commission in the interest of the public health, safety, convenience, comfort, prosperity or general welfare in accordance with the purpose of the Zoning Ordinance.

      (3)   To review all site plans required by this Zoning Ordinance, and make recommendations to City Council as provided in this Zoning Ordinance.

      (4)   To review all applications for conditional zoning certificate for a particular zoning lot according to provisions and criteria stated in this Zoning Ordinance and make recommendations to City Council.

      (5)   To review all proposed amendments to the Zoning Ordinance and Zoning Districts Map and to submit to Council the Commission's recommendations with respect to such proposed amendments.

      (6)   To investigate and to propose on its own initiative such amendments to the Zoning Ordinance as it may deem consistent with the purposes of this Zoning Ordinance and which further the public health, safety and general welfare of Munroe Falls.

      (7)   To review plans for the substitution of one nonconforming use from another nonconforming use.

      (8)   To adopt rules and bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.

(Ord. 3-95. Passed 1-17-95.)

   The Board of Zoning Appeals is authorized to act as provided in Ohio R.C. 713.11 and shall have all the powers and duties prescribed by law and by the Zoning Ordinance.

   (a)   Composition and Organization. The composition and appointment of the Board of Zoning Appeals shall be in compliance with and as provided in Section 13.01 of the Municipal Charter.

   (b)   Organization, Quorum and Meetings. Subject to the provisions of Section 13.02 of the Municipal Charter, the Board of Zoning Appeals shall elect a chairman from its membership and shall prescribe rules for the conduct of its affairs. A majority of the members of the Board of Zoning Appeals shall constitute a quorum and a concurring vote of a majority of its members shall be necessary to effect an order. The Board of Zoning Appeals shall meet at least once a month, if an appeal is pending before them, on the day and time as determined by the Board or at the call of its chairman or two other members, and at such other regular times as it may by resolution determine. At its meetings, the Board of Zoning Appeals Chairman or Acting Chairman may administer oaths and compel the attendance of witnesses in all matters coming before the Board.

   (c)   Powers and Duties of the Board. For the purpose of this Zoning Ordinance, the Board of Zoning Appeals shall have the following powers and duties:

      (1)   To hear and decide appeals. The Board of Zoning Appeals shall hear and determine all appeals from any decision or action of the Zoning Inspector in the administration or enforcement of the Zoning Ordinance. The Board of Zoning Appeals shall hear and determine all appeals from the refusal of the Zoning Inspector to issue Zoning Certificates or Conditional Zoning Certificates.

      (2)   To authorize variances from the terms of this Zoning Ordinance. When practical difficulties, unnecessary hardship, or results inconsistent with the general purpose of the Zoning Ordinance result through the strict and literal interpretation and enforcement of the provisions hereof, the Board of Zoning Appeals shall have authority subject to the provisions of Section 1165.03 to grant, upon such conditions as it may determine, such variances from the provisions of the Zoning Ordinance as may be in harmony with its general purpose and intent, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured and substantial justice done.

      (3)   To provide a written finding that the reasons set forth in the application for a variance justify the granting of the variance.

      (4)   To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Section 1109.04. Where a district boundary line divides a lot in a single ownership at the time of the effective date of the Zoning Ordinance, the Board of Zoning Appeals may permit a use authorized on either portion of such lot to extend no more than fifty feet into the other portion of the lot.

      (5)   To adopt rules and bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.

(Ord. 3-95. Passed 1-17-95.)

   For the purpose of this Zoning Code, the City Council shall have the following powers and duties:

   (a)   Approve the appointments of members to the Planning Commission.

   (b)   Approve the appointments of members to the Board of Zoning Appeals.

   (c)   Act upon a site plan upon a recommendation of the Planning Commission.

   (d)   Act upon a request for a conditional zoning certificate upon a recommendation of the Planning Commission.

   (e)   Initiate or act upon proposed amendments to the Zoning Ordinance or Zoning Map. Final action upon a proposed zoning amendment shall be taken at or after a public hearing.

(Ord. 3-95. Passed 1-17-95.)

   Council shall by Ordinance establish a schedule of fees for zoning certificates, site plan review, conditional zoning certificates, appeals, variances, amendments and other procedures and services pertaining to the administration and enforcement of this Zoning Ordinance after considering the recommendations of the Zoning Inspector with respect to actual administrative costs, both direct and indirect. The schedule of fees shall be available at City Hall, and may be altered or amended only by Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.

(Ord. 3-95. Passed 1-17-95.)

   (a)   The purpose of this regulation is to establish technically feasible and economically reasonable stormwater management standards to achieve a level of stormwater quality and quantity control that will minimize damage to property and degradation of water resources and will promote and maintain the health, safety, and welfare of the citizens of Munroe Falls.

   (b)   This regulation requires owners who develop or re-develop their property within the City of Munroe Falls to:

      (1)   Control stormwater runoff from their property and ensure that all stormwater control measures (SCMs) are properly designed, constructed, and maintained.

      (2)   Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.

      (3)   Control the volume, rate, and quality of stormwater runoff originating from their property so that surface water and groundwater are protected and flooding and erosion potential are not increased.

      (4)   Minimize the need to construct, repair, and replace subsurface storm drain systems.

      (5)   Preserve natural infiltration and groundwater recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils.

      (6)   Incorporate stormwater quality and quantity controls into site planning and design at the earliest possible stage in the development process.

      (7)   Reduce the expense of remedial projects needed to address problems caused by inadequate stormwater management.

      (8)   Maximize use of SCMs that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.

      (9)   Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize the City's future expenses related to the maintenance and repair of stream crossings.

      (10)   Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide a healthy water resource.

   (c)   This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in Section 1162.01.

   (d)   Public entities, including the State of Ohio, Summit County, and the City of Munroe Falls shall comply with this regulation for linear projects within public rights-of-way (e.g., roadway and sidewalk projects).

   (e)   This regulation does not require a comprehensive stormwater management plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the authorized enforcement agent, City Engineer, and/or Ohio EPA. Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Chapter 1152, Erosion and Sediment Control.

(Ord. 2022-14. Passed 12-6-22.)

   The definitions contained in the Ohio Environmental Protection Agency’s ("Ohio EPA") Construction General Permit entitled "Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System" and Ohio EPA's Municipal Separate Storm Sewer (MS4) Permit entitled "Authorization for Small Municipal Separate Storm Sewer Systems to Discharge Stormwater Under the National Pollutant Discharge Elimination System" in effect at the time a permit is applied for under this chapter shall apply to this chapter and the following definitions shall also apply:

   (a)   "Acre." A measurement of area equaling 43,560 square feet.

   (b)   "As-built survey." A survey shown on a plan or drawing prepared by a registered professional surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.

   (c)   "Authorized enforcement agency." The City, its employees and/or designees, to include but not be limited to the Director of Public Services.

   (d)   "City." The City of Munroe Falls, its designated representatives, boards, or commissions.

   (e)   "Comprehensive stormwater management plan." The written document and plans meeting the requirements of this regulation that sets forth the plans, practices, and SCMs to minimize stormwater runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve stormwater quality and stream channels.

   (f)   "Construction general permit." The most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000005 and its successors).

   (g)   "Critical storm." A storm that is determined by calculating the percentage increase in volume of runoff by a proposed development area for the 1-year 24-hour event. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.

   (h)   "Development area." A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

   (i)   "Development drainage area." A combination of each hydraulically unique watershed with individual outlet points on the development area.

   (j)   "Disturbed area." An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

   (k)   "Drainage." The removal of excess surface water or groundwater from land by surface or subsurface drains.

   (l)   "Erosion." The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces

   (m)   "Grading." The process in which the topography of the land is altered to a new slope.

   (n)   "Impervious cover." Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.

   (o)   "Maximum extent practicable." The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Stormwater Phase II, must meet.

   (p)   "Post-development." The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.

   (q)   "Pre-construction meeting." Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as submitted and approved.

   (r)   "Pre-development." The conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.

   (s)   "Professional engineer." A professional engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.

   (t)   "Rainwater and Land Development Manual." Ohio's standards for storm water management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.

   (u)   "Run-off." The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.

   (v)   "Sediment." The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

   (w)   "Site owner." Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.

   (x)   "Soil disturbing activity." Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed that may result in, or contribute to, increased stormwater quantity and/or decreased stormwater quality.

   (y)   "Storm water." Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

   (z)   "Stormwater control measure (SCM)." A structure or area designed to remove pollutants from stormwater and/or reduce stormwater flow rates. SCMs are a subset of best management practices (BMPs) as defined in the construction general permit.

   (aa)   "Stormwater quality treatment." The removal of pollutants from urban runoff and improvement of water quality, accomplished largely by deposition and utilizing the benefits of natural processes.

   (bb)   "Summit Soil and Water Conservation District (SSWCD)." A subdivision of the State of Ohio organized under R.C. Chapter 1515, referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Summit SWCD or SSWCD.

   (cc)   "Water resource." Any stream, lake, reservoir, pond, marsh, wetland, or waterway situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in R.C. § 6111.01 are not included.

   (dd)   "Water resource crossing." Any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials from one side of a watercourse to another. This does not include private, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.

   (ee)   "Watershed." The total drainage area contributing stormwater runoff to a single point.

   (ff)   "Waters of the state." All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and other bodies or accumulations of water, surface and underground, natural or artificial, regardless of the depth of the strata in which underground water is located, that are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters that do not combine or effect a junction with natural surface or underground water.

   (gg)   "Wetland." Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).

(Ord. 2022-14. Passed 12-6-22.)

   (a)   Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or any particular parcel of property.

   (b)   The City of Munroe Falls does not accept responsibility for the design, installation, and operation and maintenance of SCMs.

(Ord. 2022-14. Passed 12-6-22.)

   (a)   Where this regulation is in conflict with other provisions of law or ordinance or requirements in the construction general permit, the most restrictive provisions shall prevail.

   (b)   If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

   (c)   This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

   (d)   Failure of the City of Munroe Falls to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

(Ord. 2022-14. Passed 12-6-22.)

   (a)   This regulation requires that a comprehensive stormwater management plan be developed and implemented for all soil disturbing activities disturbing one or more acres of total land, or less than one acre if part of a larger common plan of development or sale disturbing one or more acres of total land, and on which any regulated activity of Section 1162.01(c) is proposed. A comprehensive stormwater management plan must be developed and implemented for all commercial and industrial site development disturbing more than two-tenths (0.2) of an acre. The City Engineer may require a comprehensive stormwater management plan for any soil disturbing activity.

   (b)   The City of Munroe Falls shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The City may consult with the SSWCD, state agencies, private engineers, stormwater districts, or other technical experts in reviewing the comprehensive stormwater management plan.

(Ord. 2022-14. Passed 12-6-22.)

(Ord. 2022-14. Passed 12-6-22.)

   Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other federal, state, and/or county agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to, those listed below. Applicants are required to show proof of compliance with these regulations before the City of Munroe Falls will issue a building or zoning permit.

      (1)   A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.

      (2)   A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.

(Ord. 2022-14. Passed 12-6-22.)

   (a)   Preparation by Professional Engineer. The comprehensive stormwater management plan shall be prepared by a registered professional engineer and include supporting calculations, plan sheets, and design details. To the extent necessary, as determined by the City Engineer, a site survey shall be performed by a registered professional surveyor to establish boundary lines, measurements, or land surfaces.

         A.   An individual identification number.

         B.   Location and size.

         C.   Final site conditions and detail drawings of stormwater inlets and permanent SCMs. Details of SCMs shall be drawn to scale and shall show relevant volumes, elevations and sizes of contributing drainage areas.

         D.   A completed Ohio EPA WQv Calculator Spreadsheet and/or Runoff Reduction Spreadsheet or other equivalent compliance tools provided by Ohio EPA.

         E.   Any supplemental information requested by the City Engineer.

         A.   Identification of the landowner(s), organization, or public entity responsible for long- term inspection and maintenance, including repairs, of the SCMs. This landowner(s), organization, or municipality shall maintain SCMs in accordance with this regulation.

         B.   Authorization to the City to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the SCMs are being maintained and operated in accordance with this regulation.

         C.   Authorization to the City to enter upon the property and perform any corrective actions identified in the inspection report if the landowner(s), organization, or public entity responsible for maintenance does not make the required corrections in the specified time period as specified in Section 1162.13. The City shall be reimbursed by the landowner(s), organization, or public entity responsible for maintenance for all expenses incurred within ten days of receipt of invoice from the City, or more with written approval from the Director or the Director's designee.

         D.   Method of funding long-term maintenance and inspections of all SCMs.

         E.   Statement releasing the City from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the City from the construction, presence, existence, or maintenance of the SC Ms.

         A.   The location of each SCM and identification of the drainage area served by each SCM.

         B.   Photographs of each SCM, including all inlets and outlets upon completion of construction.

         C.   Schedule of inspection.

         D.   A schedule for regular maintenance for each aspect of the stormwater management system and description of routine and non-routine maintenance tasks to ensure continued performance of the system as is detailed in the approved comprehensive stormwater management plan. A maintenance inspection checklist written so the average person can understand it shall be incorporated. The maintenance plan will include a detailed drawing of each SCM and outlet structures with the parts of the outlet structure labeled. This schedule may include additional standards, as required by the City Engineer, to ensure continued performance of SCMs permitted to be located in, or within 50-feet of, water resources.

         E.   The location and documentation of all access and maintenance easements on the property.

(Ord. 2022-14. Passed 12-6-22.)

         A.   Not disturb riparian areas, unless the disturbance is intended to support a watercourse restoration project and complies with Section 1142.06.

         B.   Maintain predevelopment hydrology and groundwater recharge on as much of the site as practicable. Where feasible, bioretention, permeable pavement with infiltration, underground storage with infiltration, infiltration trenches, infiltration basins, and/or rainwater harvesting must be the water quality SCMs used. Separate SCMs may be used for peak discharge control and water quality treatment.

         C.   Only install new impervious surfaces and compact soils where necessary to support the future land use.

         D.   Compensate for increased runoff volumes caused by new impervious surfaces and soil compaction by reducing stormwater peak flows to less than predevelopment levels.

      (5)   Stormwater ponds and surface conveyance channels: All stormwater pond and surface conveyance designs must provide a minimum of two foot freeboard above the projected peak stage within the facility during the 100-year, 24-hour storm. When designing stormwater ponds and conveyance channels, the applicant shall consider public safety as a design factor and alternative designs must be implemented where site limitations would preclude a safe design.

      (2)   Off-site stormwater discharges. Off-site stormwater runoff that discharges to or across the applicant's development site shall be conveyed through the stormwater conveyance system planned for the development site at its existing peak flow rates during each design storm. Off-site flows shall be diverted around stormwater quality control facilities, or the stormwater quality control facility shall be sized to treat the off-site flow. Comprehensive stormwater management plans will not be approved until it is demonstrated to the satisfaction of the City Engineer that off-site runoff will be adequately conveyed through the development site in a manner that does not exacerbate upstream or downstream flooding and erosion.

         A.   Storm sewers shall be designed such that they do not surcharge from runoff caused by the 5-year, 24-hour storm, and that the hydraulic grade line of the storm sewer stays below the gutter flow line of the overlying roadway, or below the top of drainage structures outside the roadway during a 10-year, 24-hour storm. The system shall be designed to meet these requirements when conveying the flows from the contributing drainage area within the proposed development and existing flows from offsite areas that are upstream from the development.

         B.   The minimum inside diameter of pipe to be used in public storm sewer systems is 12-inches. Smaller pipe sizes may be used in private systems, subject to the approval of the City Engineer.

         C.   All storm sewer systems shall be designed taking into consideration the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency. The hydraulic grade line for the storm sewer system shall be computed with consideration for the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes, catch basins, and junctions within the system.

         D.   The inverts of all curb inlets, manholes, yard inlets, and other structures shall be formed and channelized to minimize the incidence of quiescent standing water where mosquitoes may breed.

         E.   Headwalls shall be required at all storm sewer inlets or outlets to and from open channels or lakes.

         B.   Bridges, open bottom arch or spans are the preferred crossing technique and shall be considered in the planning phase of the development. Bridges and open spans should be considered for all state scenic rivers, coldwater habitat, exceptional warmwater habitat, seasonal salmonid habitat streams, and Class III headwater streams. The footers or piers for these bridges and open spans shall not be constructed below the ordinary high water mark (OHW or OHWM).

         D.   The minimum inside diameter of pipes to be used for crossings shall be 12-inches.

         E.   The maximum slope allowable shall be a slope that produces a 10-fps velocity within the culvert barrel under design flow conditions. Erosion protection and/or energy dissipaters shall be required to properly control entrance and outlet velocities.

         F.   All culvert installations shall be designed with consideration for the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency.

         G.   Headwalls shall be required at all culvert inlets or outlets to and from open channels or lakes.

         H.   Streams with a drainage area of 5-square miles or larger shall incorporate floodplain culverts at the bankfull elevation to restrict head loss differences across the crossing so as to cause no rise in the 100-year storm event.

         I.   Bridges shall be designed such that the hydraulic profile through a bridge shall be below the bottom chord of the bridge for either the 100-year, 24-hour storm, or the 100-year flood elevation as determined by FEMA, whichever is more restrictive.

      (8)   Compensatory flood storage mitigation. In order to preserve floodplain storage volumes and thereby avoid increases in water surface elevations, any filling within floodplains approved by the City of Munroe Falls must be compensated by providing an equivalent storage volume. First consideration for the location(s) of compensatory floodplain volumes should be given to areas where the stream channel will have immediate access to the new floodplain within the limits of the development site. Consideration will also be given to enlarging existing or proposed retention basins to compensate for floodplain fill if justified by a hydraulic analysis of the contributing watershed. Unless otherwise permitted by the City, reductions in volume due to floodplain fills must be mitigated within the legal boundaries of the development. Embankment slopes used in compensatory storage areas must reasonably conform to the natural slopes adjacent to the disturbed area. The use of vertical retaining structures is specifically prohibited.

      (1)   The peak discharge rate of runoff from the critical storm and all more frequent storms occurring under post-development conditions shall not exceed the peak discharge rate of runoff from a 1-year, 24-hour storm occurring on the same development drainage area under pre-development conditions.

      (2)   Storms of less frequent occurrence (longer return periods) than the critical storm, up to the 100-year, 24-hour storm shall have peak runoff discharge rates no greater than the peak runoff rates from equivalent size storms under pre-development conditions. The 1-, 2-, 5-, 10-, 25-, 50-, and 100-year storms shall be considered in designing a facility to meet this requirement.

      (3)   The critical storm for each specific development drainage area shall be determined as follows:

         A.   Determine, using a curve number-based hydrologic method or other hydrologic method approved by the City Engineer, the total volume (acre-feet) of runoff from a 1-year, 24-hour storm occurring on the development drainage area before and after development. These calculations shall meet the following standards:

            1.   Calculations shall include the lot coverage assumptions used for full build out as proposed.

            2.   Calculations shall be based on the entire contributing watershed to the development area.

            3.   Model pervious, directly connected impervious and disconnected impervious areas as separate subwatersheds.

            4.   Drainage area maps shall include area, curve number, and time of concentrations. Time of concentration shall also show the flow path and the separation in flow type.

            5.   Use the Precipitation-Frequency Atlas of the United States, NOAA Atlas 14, Vol 2(3). [online: http://hdsc.nws.noaa.gov/hdsc/pfds/] for rainfall depth data for stormwater design.

            6.   Use the SCS Type II rainfall distribution for all design events with a recurrence interval greater than one year. Include lot coverage assumptions used for full build out of the proposed condition.

            7.   Curve numbers for the pre-development condition shall reflect the average type of land use over the past ten years and not only the current land use.

               a.   Pre-development curve numbers - For wooded or brushy areas, use listed values from TR-55 NRCS USDA Urban Hydrology for Small Watersheds, 1986 in good hydrologic condition. For meadows, use listed values. For all other areas (including all types of agriculture), use pasture, grassland, or range in good hydrologic condition.

            8.   Time of concentration - Use velocity-based methods from (TR-55 NRCS USDA Urban Hydrology in Small Watersheds, 1986) to estimate travel time (Tt) for overland (sheet) flow, shallow concentrated flow and channel flow.

               a.   Maximum sheet flow length is 100-feet.

               b.   Use the appropriate "unpaved" velocity equation for shallow concentrated flow from Soil Conservation Service National Engineer Handbook Section 4 - Hydrology (NEH-4).

         B.   To account for future post-construction improvements to the site, calculations shall assume an impervious surface such as asphalt or concrete for all parking areas and driveways except in instances of engineered permeable pavement systems. From the volume determined in division (d)(3)A.1. of this section, determine the percent increase in volume of runoff due to development. Using the percentage, select the 24-hour critical storm from Table 3.

 

(Ord. 2022-14. Passed 12-6-22.)

   When the City of Munroe Falls determines that site constraints compromise the intent of this regulation, off-site alternatives may be used that result in an improvement of water quality and a reduction of stormwater quantity. Such alternatives shall meet the standards in the construction general permit and shall achieve the same level of stormwater quantity control that would be achieved by the on-site controls required under this regulation. The City Engineer may require proof of Ohio EPA review and approval for any alternative action proposed. Alternative actions may include but are not limited to the following.

   (a)   Fees, in an amount specified by the City to be applied to community-wide SCMs.

   (b)   Implementation of offsite SCMs and/or the retrofit of an existing SCM to increase quality and quantity control.

   (c)   Stream, floodplain, or wetland restoration.

   (d)   Acquisition or conservation easements placed on protected open space significantly contributing to stormwater control such as wetland complexes.

(Ord. 2022-14. Passed 12-6-22.)

   Access to SCMs as required by the City Engineer for inspections and maintenance shall be secured by easements. The following conditions shall apply to all easements:

   (a)   Easements shall be included in the inspection and maintenance agreement submitted with the comprehensive stormwater management plan.

   (b)   Easements shall be approved by the City of Munroe Falls prior to approval of a final plat and shall be recorded with the Summit County Auditor and on all property deeds.

   (c)   Unless otherwise required by the City Engineer, access easements between a public right-of-way and all SCMs shall be no less than 25-feet wide. The easement shall also incorporate the entire SCM plus an additional 25-foot-wide band around the perimeter of the SCM.

   (d)   The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the inspection and maintenance agreement for the site.

   (e)   Easements to SCMs shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of stormwater and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the City of Munroe Falls. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the City at the property owners' expense.

(Ord. 2022-14. Passed 12-6-22.)

   The applicant may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the City Engineer. This occurs after the completion of the final grade at the site, after all the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the City Engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these SCMs, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two days.

(Ord. 2022-14. Passed 12-6-22.)

   To receive final inspection and acceptance of any project, or portion thereof, the following must be completed by the applicant and provided to the City Engineer:

   (a)   Final stabilization must be achieved and all permanent SCMs must be installed and made functional, as determined by the City Engineer and per the approved comprehensive stormwater management plan.

   (b)   An as-built certification, including as-built survey and inspection, must be sealed, signed and dated by a professional engineer and a professional surveyor with a statement certifying that the SCMs, as designed and installed, meet the requirements of the comprehensive stormwater management plan approved by the City Engineer. In evaluating this certification, the City Engineer may require the submission of a new set of SCM calculations if they determine that the design was altered significantly from the approved comprehensive stormwater management plan. The as-built survey must provide the location, dimensions, and bearing of such SCMs and include the entity responsible for long-term maintenance as detailed in the inspection and maintenance agreement.

   (c)   A copy of the complete and recorded inspection and maintenance plan and inspection and maintenance agreement as specified in Section 1162.08 must be provided to the City Engineer.

   (d)   A post-construction transition meeting must be held with the City, property owner, project engineer, and staff in charge of the maintenance of the SCMs to discuss design, construction, long-term operation and maintenance and annual inspections/reports for the community after the SCM is constructed and before a notice of termination (NOT) is submitted.

(Ord. 2022-14. Passed 12-6-22.)

   (a)   Upon a change of ownership of a regulated development, each new owner of the regulated development or any part thereof shall comply with the plan approved for that regulated development until such time as the building commissioner approves an amendment or other modification of the plan for that development.

   (b)   A change of ownership of a regulated development shall not be considered to be an amendment. However, the owner of a regulated development for which a plan is required or has been approved shall notify each new owner of the applicability of the plan to the regulated development, and provide each new owner with a copy of the plan, before consummation of the sale of the development. A violation of this division (b) shall be punishable by a fine of five hundred dollars ($500.00).

(Ord. 2022-14. Passed 12-6-22.)

   (a)   The owner shall inspect SCMs regularly as described in the inspection and maintenance plan and inspection and maintenance agreement. The City of Munroe Falls has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the SCMs are being maintained and operated in accordance with this regulation.

   (b)   The City shall maintain public records of the results of site inspections, shall inform the landowner(s), organization, or public entity responsible for maintenance of the inspection results, and shall specifically indicate in writing any corrective actions required to bring the SCMs into proper working condition.

   (c)   Upon notification, the responsible party shall have ten working days, or other mutually agreed upon time, to make repairs or submit a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the City Engineer for these repairs not in place, the City may undertake the necessary repairs and assess the responsible party.

(Ord. 2022-14. Passed 12-6-22.)

   The comprehensive stormwater management plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City of Munroe Falls before the review process begins. The City Engineer shall establish a fee schedule based upon the actual estimated cost for providing these services.

(Ord. 2022-14. Passed 12-6-22.)

   (a)   If a comprehensive stormwater management plan is required by this regulation, soil-disturbing activities shall not be permitted until a cash bond of 10% of the total project cost has been deposited with the City of Munroe Falls Finance Department. This bond shall be posted for the City to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The stormwater bond will be returned, less City administrative fees as detailed in Chapter 163 of the City of Munroe Falls Codified Ordinances, when the following three criteria are met

      (1)   The site has been stabilized, temporary BMPs have been removed, and the sediment settling basin has been converted to or replaced with post-construction SCM(s) and one of the following conditions are met:

         A.   100% of the total project has achieved permanent stabilization.

         B.   Less than one acre of lots remain unbuilt.

         C.   No development activities have occurred for one year.

      (2)   An as-built certification of all SCMs is approved by the City Engineer.

      (3)   An inspection and maintenance plan has been approved by the City of Munroe Falls and inspection and maintenance agreement has been signed by the developer, the contractor, the City, and the private owner or homeowners' association who will take long term responsibility for these SCMs, is accepted by the City Engineer.

   (b)   Once these criteria are met, the applicant shall be reimbursed all bond monies that were not used for any part of the project. If all of these criteria are not met after three years of permanent stabilization of the site, the City of Munroe Falls may use the bond monies to fix any outstanding issues with all stormwater management structures on the site and the remainder of the bond shall be given to the private lot owner/homeowners association for the purpose of long-term maintenance of the project.

(Ord. 2022-14. Passed 12-6-22.)

      (1)   The maintenance as agreed upon in the inspection and maintenance agreement plan;

      (2)   The implementation of temporary and/or permanent source controls, additional BMPs, or BMP retrofit to help existing SCMs meet design criteria as specified in this chapter;

      (3)   The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or

   (b)   If the BMP predates the requirement of an inspection and maintenance agreement or if said agreement has not been entered into, then this action shall be made in conjunction with any corrective actions.

   (c)   The notice of violation shall set forth a deadline within which such remediation, restoration, retrofit, or implementation must be completed. Said notice shall further advise that, should the owner fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.

   (d)   Any person receiving a notice of violation must meet compliance standards within the time established in the notice of violation.

(Ord. 2022-14. Passed 12-6-22.)

   Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Munroe Falls in relation to this regulation may appeal to the Board of Zoning Appeals. Such an appeal shall be made in conformity with appropriate Ohio Revised Code sections. Written notice of appeal shall be served on the City of Munroe Falls. Hearing on the appeal before the City of Munroe Falls or their designee shall take place within 45 days from the date of receipt of the notice of appeal. The decision of the City of Munroe Falls or their designee shall be final.

(Ord. 2022-14. Passed 12-6-22.)

   Within 60 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 45 days. If the amount due is not paid within a timely manner as determined by the decision of the City of Munroe Falls, County SWCD, Ohio EPA, and/or the City designee or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this chapter shall become liable to the City of Munroe Falls, County SWCD, Ohio EPA, and/or the City designee by reason of such violation.

(Ord. 2022-14. Passed 12-6-22.)

   If a person has violated or continues to violate the provisions of this chapter, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from acquiring future permits as required for continued development of the premises until said issues are addressed.

(Ord. 2022-14. Passed 12-6-22.)

   (a)   Any person who violates any provision of this regulation is guilty of a misdemeanor of the first degree, and upon conviction thereof, shall be subject to punishment as provided in Section 1105.99 of the Zoning Code. The owner shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than 60 days, or both, for each offense. This fine shall be in addition to cost incurred to remediate, implement, and/or retrofit the necessary BMPs to bring the site into compliance with this chapter. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (b)   The imposition of any other penalties provided herein shall not preclude the City of Munroe Falls instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the City.

(Ord. 2022-14. Passed 12-6-22.)

   In order to accomplish the purposes for which this Zoning Ordinance is adopted, it is essential that its regulations be soundly and consistently applied, and that this Zoning Ordinance be vigorously administered. This Chapter stipulates the procedures to be followed in obtaining zoning certificates, including conditional zoning certificates.

(Ord. 3-95. Passed 1-17-95.)

   (a)   Zoning Certificate Required. No building or other structure, except as provided for in this Zoning Ordinance, shall be erected, constructed, reconstructed, enlarged, moved or structurally altered, nor shall any excavation or site improvements be commenced, until a zoning certificate has been applied for and received by the owner of the property involved or a person having an interest in such property and acting under written authority of the owner, and such certificate has been issued by the Zoning Inspector. A zoning certificate shall be issued only when:

      (1)   The Zoning Inspector finds that all applicable provisions of the Zoning Ordinance have been complied with.

      (2)   A site plan as required in this Zoning Ordinance has been approved by Council based upon a recommendation by the Planning Commission according to the procedures set forth in Section 1163.03.

      (3)   A conditional use has been approved by Council based upon a recommendation by Planning Commission according to the procedures set forth in Section 1163.04. Approval by Council shall authorize the Zoning Inspector to issue a conditional zoning certificate in compliance with said approval. Such conditional zoning certificate shall set forth any conditions, stipulations, and safeguards that have been approved by Planning Commission and Council.

      (4)   A request for a variance from a numerical standard of the Zoning Ordinance has been approved by the Board of Zoning Appeals in accordance with the limitations, procedures and requirements of Section 1165.03.

   (b)   Submission of Applications for Zoning Certificates. Application forms for zoning certificates shall be available in the office of the Zoning Inspector. A completed application accompanied by payment of the required fee and all other applicable submission requirements established in this chapter shall be submitted to the Zoning Inspector.

      (1)   An application for uses not requiring site plan review shall include:

         A.   A plot plan drawn to scale showing the exact dimensions of the lot to be built upon.

         B.   The location, dimensions, height and bulk of structures to be erected.

         C.   The intended use.

         D.   The proposed number of dwelling units.

         E.   The yard, open area and parking space dimensions.

         F.   Any other pertinent data as may be necessary to determine and provide for the enforcement of the Zoning Ordinance.

      (2)   Uses requiring site plan review shall comply with the application requirements established in Section 1163.03.

   (c)   Review for Completeness by Zoning Inspector. Upon receipt of an application, the Zoning Inspector shall within a reasonable period review the application and any accompanied proposed plan for completeness with all the applicable submission requirements of the Zoning Ordinance.

   (d)   Action by Zoning Inspector.

      (1)   Applications Not Requiring Site Plan Review: For applications not requiring site plan review, the Zoning Inspector shall, within 30 days after determining an application complete, issue a zoning certificate if the application complies with the requirements of the Zoning Ordinance and the application is accompanied by the proper fee.

      (2)   Transmittal to Planning Commission for Site Plan Review: An application for a zoning certificate for a use requiring site plan review shall be transmitted to the Planning Commission to begin the review process established in Section 1163.03.

   (e)   Expiration of Zoning Certificates. A zoning certificate shall become void at the expiration of one year after the date of issuance unless construction is begun. If no construction is begun or use changed within one year of the date of the certificate, a new application and certificate shall be required. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal building(s) included in the plan shall have been completed.

(Ord. 3-95. Passed 1-17-95.)

   The purpose of this section is to provide adequate review by the Planning Commission and Council of proposed developments in those zoning districts where the uses permitted are of such a nature, because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety and general welfare of the community.

   (a)   Site Plan Review Required. Site plan review shall be required for the following:

      (1)   New construction of all permitted uses in commercial and industrial districts;

      (2)   All conditional uses in all districts, including multi-family uses; and

      (3)   Any existing or previously approved development meeting the criteria of (1) and (2) above which 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.

   (b)   Preliminary Plans. The developer or owner of any proposed development, use or structure requiring site plan review pursuant to subsection (a) is encouraged to meet informally with the Planning Commission to review preliminary plans prior to preparing final plans pursuant to subsection (c) below. The purpose of such preliminary review is to establish a mutual understanding of the provisions of this Ordinance and the development objectives of the City. Preliminary plans should be submitted to the Zoning Inspector 10 days prior to the next Planning Commission meeting in order for discussion of the preliminary plans to be scheduled on the agenda for the next Planning Commission meeting.

   (c)   Final Development Plan. The applicant for a zoning certificate or conditional use certificate for any use requiring site plan approval shall submit the final development plan to the Zoning Inspector along with payment of the required fee. The final development plan shall be prepared by a qualified professional and drawn to an appropriate scale and shall disclose all uses proposed for the development, their location, extent and characteristics and shall include, unless parts are not applicable or necessary and are waived by the Zoning Inspector for certain types of projects, the following maps, plans, designs and supplementary documents:

      (1)   An accurate legal description prepared by or certified by a registered surveyor of the state;

      (2)   A property location map showing existing property lines, easements, utilities and street rights-of-way;

      (3)   A development plan indicating:

         A.   Use, location and height of existing and proposed buildings and structures, including accessory buildings, structures and uses, along with notation of the development standards for building spacing, setback from property lines, and maximum building heights;

         B.   Location and configuration of off-street parking and loading areas, the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;

         C.   Adjacent streets and property including lot lines, buildings, parking and drives within 200 feet of the site;

         D.   Proposed and existing fences, walls, signs, lighting;

         E.   Location and layout of all outdoor storage areas including storage of waste materials and location of trash receptacles;

         F.   Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;

         G.   Dimensions of all buildings, setbacks, parking lots, drives and walkways.

      (4)   Topographic maps with sufficient elevations to show existing and generally proposed grading contours, and major vegetation features, including existing trees over three inches in diameter and wooded areas;

      (5)   Proposed landscaping and screening plans indicating the preliminary description of the location and nature of existing and proposed vegetation, landscaping and screening elements and the existing trees to be removed;

      (6)   Preliminary architectural sketches of buildings and other structures, floor plans, site construction materials and signs;

      (7)   Summary table showing total acres of the proposed development; number of acres devoted to each type of residential and/or non-residential use including streets and open space; number of dwelling units by type;

      (8)   Other features necessary for the evaluation of the development plan as deemed necessary by the Zoning Inspector or Planning Commission.

   (d)   Review for Completeness. The Zoning Inspector shall review the application for completeness with the submission requirements prior to the application being placed on the agenda of the Planning Commission.

   (e)   Planning Commission Review of Site Plans. The application shall be transmitted to the Planning Commission, at which time the Planning Commission may then distribute the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or expert opinions should be available to the Planning Commission at the time of the Commission's review.

   (f)   Review Criteria. In reviewing a final plan the Planning Commission shall consider the location of buildings, parking areas and other features with respect to the topography of the lot and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the location of the green area provided, bearing in mind the possible effects of irregularly shaped lots; the adequacy of location, landscaping and screening of the parking lots; and such other matters as the Commission may find to have a material bearing upon the stated standards and objectives of the various district regulations. In approving a site plan, the Planning Commission shall find that:

      (1)   The plan is consistent with any plan for the orderly development of the City.

      (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)   The development will have adequate public service, parking and open spaces.

      (5)   The plan, to the extent practical, will preserve and be sensitive to the natural characteristics of the site.

      (6)   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.

      (7)   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 any applicable regulations or design criteria established by the City or any other governmental entity which may have jurisdiction over such matters.

      (8)   If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage.

         If the Planning Commission finds that the proposed development substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district and that 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 that the development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community, the Commission may act upon the application as if it is in compliance with the requirements of this Ordinance.

   (g)   Action by Planning Commission. The Planning Commission shall submit to Council one of the following recommendations: approval of the site plan as submitted; approval of the site plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements to the yard 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 denial of the site plan. If the Commission finds that a proposed plan does not meet the purposes of these regulations, it shall recommend that Council deny the plan and the Commission shall submit its findings in writing, together with the reasons therefore, to the applicant, upon the applicant's request.

   (h)   Action by Council. The plan and Planning Commission’s recommendation shall be submitted to Council for action. If Council fails to act by the next scheduled meeting following 120 days from when the application was determined complete, or an extended period of time as may be agreed upon, the applicant may assume that the application has been denied.

      In its review of the site plan, Council shall consider and weigh the same factors and criteria as established for Planning Commission review.

      Upon approval of the final development plan by Council, the Zoning Inspector shall issue a zoning certificate.

   (i)   Significance of an Approved Plan; Plan Revisions. An approved site plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only upon approval of City Council. A request for such a transfer or change of ownership shall be presented to City Council and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original site plan. All construction and development under any building permit shall be in accordance with the approved plan. Any departure from such plan shall be cause for revocation of the zoning certificate. Any changes in an approved plan shall be resubmitted for approval in accordance with this Section.

   (j)   Lapse of Approval. An approved plan shall remain valid for a period of 12 months following the date of its approval or for a period so specified by Council. If at the end of that time construction has not begun, then such plan shall be considered as having lapsed and shall be of no effect unless resubmitted and reapproved by the Planning Commission and confirmed by Council. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan shall have been completed.

(Ord. 28-01. Passed 9-18-01.)

   When a proposed use is permitted in a zoning district as a conditional use as set forth in the district regulations, a conditional zoning certificate is required and the application for such conditional zoning certificate shall be submitted and reviewed according to the following:

   (a)   Submission of Application. The owner, or agent thereof, of property for which such conditional use is proposed shall file with the Zoning Inspector an application for a conditional zoning certificate accompanied by payment of the required fee established by Council. The application for a conditional zoning certificate shall disclose all uses proposed for the development, their location, extent and characteristics and shall include, unless parts are not applicable or necessary and are waived by the Zoning Inspector for certain types of projects, a site plan and associated documentation as required in Section 1163.03(a).

   (b)   Review for Completeness. The Zoning Inspector shall review the application for completeness with the submission requirements prior to the application being placed on the agenda of the Planning Commission.

   (c)   Planning Commission Review of Conditional Uses. The application shall be transmitted to the Planning Commission, at which time the Planning Commission may then distribute the application to appropriate administrative departments for review and comment. Administrative review should be completed and any reports or comments submitted to the Planning Commission prior to the time of the Commission's review.

   (d)   Public Hearing and Notice by Planning Commission. The Planning Commission shall hold a public hearing on the application. Notice of such public hearing shall be given in one or more newspapers of general circulation in the City at least 10 days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use.

   (e)   Review Criteria. The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Zoning Ordinance. In making such a determination, the Planning Commission shall find that both the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Chapter 1141, shall be satisfied by the establishment and operation of the proposed use.

         In addition, the Planning Commission shall review the site plan for the proposed conditional use according to the site plan review criteria set forth in Section 1163.03(f).

         The Commission may require such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice.

   (f)   Action by Planning Commission. The Planning Commission shall take one of the following actions:

      (1)   If the proposed conditional use is found to be appropriate, the Planning Commission shall recommend that Council, by resolution, approve a conditional zoning certificate. As part of the recommendation, the Planning Commission may prescribe appropriate conditions, stipulations, safeguards and limitations on the duration of the use as it may deem necessary and in conformance with the intent and purposes of this Ordinance for the protection of nearby property and the public health, safety, and general welfare of the community.

      (2)   If the proposed use is found to be not in compliance with the specifications of this Zoning Ordinance, the Planning Commission shall recommend the denial of the conditional zoning certificate.

         With the concurrence of the applicant, the Planning Commission may take such additional time as may be necessary to further study the proposal and consider modifications thereto. These considerations may include the applicant's further preparation or modification of plans and specifications and any studies or expert advice sought by the Planning Commission to assist in their evaluation. Studies and expert advice may be provided by appropriate city officials, or by other recognized and duly certified experts. The cost of securing expert advice and studies, including the use of city officials' time in excess of that normally provided under these regulations, shall be borne by the applicant, who shall pay said costs prior to the issuance of the conditional zoning certificate.

   (g)   Council Review. Following action by the Planning Commission, the application for the conditional zoning certificate, along with the Planning Commission's recommendation, shall be submitted to Council for consideration. In its review of the conditional use application and recommendation of the Planning Commission, Council shall consider and weigh the same factors and criteria as established for Planning Commission review.

   (h)   Action by Council. Council, by majority vote, may enact a resolution granting a conditional zoning certificate recommended by the Planning Commission. A conditional zoning certificate which violates, differs from or departs in substantive form from the recommendation of the Commission shall not take effect unless approved by five members of Council. If Council fails to act within 120 days from when the application was determined complete, or an extended period of time as may be agreed upon, the applicant may assume that the application has been denied.

   (i)   Supplementary Conditions. Council may impose such additional conditions and safeguards as deemed necessary for the general welfare, for the protection of individual property rights and for ensuring that the intent and objectives of this Zoning Ordinance are observed.

   (j)   Terms and Duration of Conditional Zoning Certificate. A conditional zoning certificate shall be deemed to authorize a particular conditional use on a specific parcel for which it was approved. The conditional zoning certificate is nonassignable and shall expire one year from the date of enactment, unless substantial progress is accomplished or as otherwise specifically approved by Planning Commission and Council. The breach of any condition, safeguard or requirement shall automatically invalidate the conditional zoning certificate granted, and shall constitute a violation of the Zoning Ordinance. Such violation shall be punishable as per Section 1167.04.

   (k)   Reapplication. An application for a conditional zoning certificate which has been previously denied wholly or in part by the Planning Commission or Council shall not be resubmitted to the Planning Commission for a period of 90 days after the denial by Planning Commission or Council, whichever is later, and said reapplication shall comply with all of the requirements of this section including the payment of the required fee.

(Ord. 28-01. Passed 9-18-01; Ord. 2017-12. Passed 10-17-17.)

   Appeals and variances shall conform to the procedures and requirements of this Chapter. As specified in Section 1161.04, the Board of Zoning Appeals has appellate jurisdiction relative to appeals and variances.

(Ord. 3-95. Passed 1-17-95.)

   Appeals to the Board of Zoning Appeals may be taken by any person, firm or corporation, or by any officer, board or department of the Municipality, deeming himself or itself to be adversely affected by the decision of the Zoning Inspector.

   (a)   Initiation of Appeal. Notice of appeal shall be filed with the secretary of the Board of Zoning Appeals within 30 calendar days after the date of any adverse order, requirement, decision, or determination, except when the 30th day falls on Saturday, Sunday, or a holiday, then the 30th day shall be deemed to be the next day of business thereafter. Such written notice of appeal shall specify therein the grounds and reasons for the appeal. Upon the filing of any such appeal, the secretary shall forthwith notify the Zoning Inspector of the action so appealed. Within 24 hours the Zoning Inspector shall transmit to the secretary all data pertaining to the subject matter upon which the action so appealed was taken.

   (b)   Public Hearing by the Board. When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the Clerk of Council shall immediately place the request upon the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be served personally or by mail, addressed to the parties making the request for appeal, variances, or exception at least five days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the application; otherwise to the addresses given in the last assessment roll. Not less than 14 days prior to the date set for such hearing or appeal, written notice of such hearing shall be caused by the Board to be given by mail to any person, firm, or corporation owning premises located within 200 feet of the land to which such appeal or application relates. The Board may recess such hearings from time to time, and, if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person or by attorney. The appellant, except the Municipality, shall post security for the cost of all action required for the hearing of the appeal.

   (c)   Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by the Board of Zoning Appeals or by a court having lawful jurisdiction.

   (d)   Decision of the Board. Within its powers, the Board of Zoning Appeals may reverse or affirm, wholly or in part, or modify to be done, 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 certificate. The Board shall render a decision on the appeal without unreasonable delay. If the Board fails to act within 90 days from the date the appeal was received by the Board, or an extended period of time as may be agreed upon, the appellant may assume the appeal has been denied.

   (e)   Notification of Board's Decision. The secretary of the Board shall notify the appellant in writing of the decision of the Board. The Board shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep records of its official actions.

(Ord. 3-95. Passed 1-17-95.)

   The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Zoning Ordinance 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 with the Zoning Inspector for review by the Board of Zoning Appeals upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:

      (1)   Name, address and phone number of applicant(s);

      (2)   Proof of ownership, legal interest or written authority;

      (3)   Description of property or portion thereof;

      (4)   Description or nature of variance requested;

      (5)   Narrative statements establishing and substantiating the justification for the variance pursuant to subsection (b) below;

      (6)   Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;

      (7)   Payment of the application fee as established by Council;

      (8)   Any other documents deemed necessary by the Zoning Inspector.

         Upon receipt of a written request for variance, the Zoning Inspector shall within a reasonable amount of time make a preliminary review of the request to determine whether such application provides the information necessary for review and evaluation. If it is determined that such application does not provide the information necessary for such review and evaluation, the Zoning Inspector shall so advise the applicant of the deficiencies and shall not further process the application until the deficiency is corrected.

      (1)   Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;

      (2)   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

      (3)   Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;

      (4)   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;

      (5)   Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;

      (6)   Whether special conditions or circumstances exist as a result of actions of the owner;

      (7)   Whether the property owner's predicament feasibly can be obviated through some method other than a variance;

      (8)   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and

      (9)   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.

         The Board of Zoning Appeals has no authority to authorize a change in the use of any parcel of land.

   (c)   Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.

   (d)   Action by the Board. The Board shall either approve, approve with supplementary conditions as specified in subsection (c), or disapprove the request for variance. The Board shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.

   (e)   Term and Extension of Variance. Variances shall be nonassignable and shall expire one year from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance. There shall be no modification of variances except by further consideration of the Board of Zoning Appeals. Requests for renewal of expired variances shall be considered to be the same as an application for a variance and shall meet all requirements for application and review pursuant to this section.

(Ord. 3-95. Passed 1-17-95.)

   (f)   An application for a zoning variance which has been previously disapproved and/or approved with supplemental conditions attached by the Board of Zoning Appeals shall not be resubmitted to the Board of Zoning Appeals for the duration of the period of 90 days after the disapproval or approval with supplementary conditions, and said reapplication shall comply with all of the requirements of this section including the payment of the required fee.

(Ord. 12- 99. Passed 2-16-99; Ord. 10-2011. Passed 10-18-11; Ord. 2017-12. Passed 10-17-17.)

   The provisions of this Zoning Ordinance shall be enforced by the Zoning Inspector.

(Ord. 3-95. Passed 1-17-95.)

   Zoning certificates issued by the Zoning 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 punishable violation of this Zoning Ordinance.

(Ord. 3-95. Passed 1-17-95.)

   (a)   Violations a Nuisance. Buildings erected, altered, moved, razed, or converted, or any use of land or premises carried on in violation of any provision of the Zoning Ordinance are declared to be a nuisance per se. Any building or land use activities considered possible violations of the provisions of the Zoning Ordinance which are observed by any City official shall be reported to the Zoning Inspector.

   (b)   Complaints. Any citizen may file a written complaint with the Zoning Inspector to report an alleged violation of the Zoning Ordinance. Such written complaint shall fully state the causes and basis of such complaint.

   (c)   Inspection. The Zoning 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 Zoning Ordinance and shall, in writing, order correction of all conditions which are found to be in violation of this Zoning Ordinance.

   (d)   Correction Period.

      (1)   All violations shall be corrected within 30 days after the written order is issued unless a longer period of time is indicated by the Zoning Inspector in the written order.

      (2)   Any violations not corrected within the specified period of time shall be reviewed with the Law Director who shall advise regarding prosecution procedures.

(Ord. 3-95. Passed 1-17-95.)

   (a)   It shall be unlawful to:

      (1)   Use or occupy any land or place; build, erect, alter, remodel, restore or rebuild thereon any building or structure; or 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 Zoning Ordinance; or

      (2)   Use or occupy any parcel of land or use or occupy a new building or make an enlargement or substitution or other change in the use or occupancy of any land or building without having received a zoning certificate or conditional zoning certificate indicating compliance with the provisions of this Zoning Ordinance from the Zoning Inspector; or

      (3)   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 Zoning Ordinance; or

      (4)   Violate or fail to perform any condition, stipulation or safeguard set forth in any certificate issued pursuant to this Zoning Ordinance or continue to use or occupy the premises or building as previously authorized by such certificate beyond the duration limit therein stated; or

      (5)   Continue construction, renovation, or improvements contrary to a Stop Work Order or Notice of Violation; or

      (6)   Refuse to permit the Zoning Inspector to enter any premises in the City to investigate a reported violation of the provisions of this Zoning Ordinance or refuse or fail to furnish to such Zoning Inspector a statement as to the number of persons occupying such premises; or

      (7)   Knowingly make any materially false statement of fact in an application to the Zoning Inspector for a zoning certificate or conditional zoning certificate or in the plans or specifications submitted to the Zoning Inspector in relation to such application.

   (b)   The owner or owners of any building or premises or part thereof where a violation of the Zoning Ordinance shall be placed or shall exist, any tenant or occupant of such building or premises, and any architect, builder or contractor who shall assist in the commission of any such violation, and any person who shall violate any of the provisions or non-compliance be deemed guilty of a misdemeanor and upon conviction thereof, be fined not more than five hundred dollars ($500.00). Each day such violation or failure to comply shall exist shall constitute a separate offense. After the first offense, the fine shall be not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).

(Ord. 3-95. Passed 1-17-95.)

   Whenever the public necessity, convenience, general welfare, or good zoning practices require, City Council may by ordinance amend, revise, rearrange, renumber or recodify this Zoning Ordinance or amend, supplement, change or repeal the boundaries or classification of property according to the procedures set forth in this Chapter and subject to the procedures provided by law.

(Ord. 3-95. Passed 1-17-95.)

   Amendments to the Zoning Ordinance may be initiated in one of the following ways:

   (a)   By the filing of an application to the Planning Commission by at least one owner or lessee of property or developer with an option on such property within the area proposed to be changed or affected by said amendment.

   (b)   By the adoption of a motion by the Planning Commission;

   (c)   By the passage of a resolution by City Council.

(Ord. 3-95. Passed 1-17-95.)

   A map amendment initiated by at least one owner or lessee of property or developer with an option 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)   Application Requirements. Applications for amendments to the Zoning Map adopted as part of this Ordinance shall contain at least the following information:

      (1)   The name, address and phone number of the applicant and the property owner if other than the applicant;

      (2)   Legal description of the parcel(s) to be rezoned, drawn by a registered surveyor;

      (3)   A statement of the reason(s) for the proposed amendment;

      (4)   Present use and zoning district;

      (5)   Proposed use and zoning district;

      (6)   A vicinity map at a scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Inspector may require;

      (7)   A list of the names and addressed of the owners of properties lying within 200 feet of any part of the property on which the zoning amendment is requested;

      (8)   Evidence that the existing Zoning Ordinance is unreasonable with respect to the particular property and it deprives the property owner of lawful and reasonable use of the land; or evidence that the proposed amendment would materialize in an equal or better land use;

      (9)   A statement on the ways in which the proposed amendment relates to the Master Plan;

      (10)   The payment of the application fee as established by Council.

   (b)   Referral to Planning Commission. After the filing of an application by an owner, lessee of property or developer with an option on such property, the Zoning Inspector shall transmit the application to the Planning Commission for its consideration and recommendation.

   (c)   Recommendation by Planning Commission. The Planning Commission shall recommend one of the following: (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. The decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based.

   (d)   Public Hearing and Notice by Council. Upon receipt of the recommendation from the Planning Commission, Council shall set a time for a public hearing on the proposed amendment. Notice of the public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the city. Said notice shall be published at least 30 days before the date of the required hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any person interested. During such 30 days, the text of the proposed amendment, maps or plans, if applicable, and the recommendations 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.

   (e)   Notice to Property Owners by Council. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least 20 days before the day of the public hearing to all owners of property within 200 feet of such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list, and to such other list or lists that may be specified by Council. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (d) above.

   (f)   Action by Council. After a public hearing required by subsection (d) above, Council shall either adopt or deny the recommendation of Planning Commission or adopt some modification thereof. No such ordinance, measure, or regulation which violates, differs from, or departs from the recommendation of the Planning Commission shall take effect unless passed or approved by not less than three-fourths of the membership of Council. No ordinance, measure, or regulation which is in accordance with the recommendation of the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of Council.

(Ord. 3-95. Passed 1-17-95; Ord. 15-97. Passed 5-6-97; Ord. 12-08. Passed 11-18-08.)

   The Planning Commission on its own initiative may, by the passage of a motion, recommend to City Council changes in the Zoning Ordinance and Zoning Map. After Planning Commission has made a recommendation to City Council, Council shall follow the procedures for review and hearing of the proposed amendment as set forth in Sections 1169.03(d) through 1169.03(f), inclusive.

(Ord. 3-95. Passed 1-17-95.)

   Amendments to the Zoning Ordinance or Zoning Map initiated by the passage of a resolution by City Council shall comply with the following:

   (a)   Referral to Planning Commission. After the adoption of a resolution by Council, said resolution shall be referred to the Planning Commission for its consideration and recommendation.

   (b)   Recommendation by Planning Commission. The Planning Commission shall recommend one of the following: (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. The decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based. The Planning Commission shall be allowed a reasonable time, not less than 30 days, for consideration and report. If the Planning Commission does not make a recommendation on a resolution passed by Council within 60 days, and the time for responding is not extended by Council, Council shall determine that the recommendation of the Planning Commission is that the amendment be denied.

   (c)   Public Hearing and Action by Council. After receiving a recommendation from the Planning Commission, Council shall follow the procedures for review and hearing of the proposed amendment as set forth in Sections 1169.03(d) through 1169.03(f), inclusive.

(Ord. 3-95. Passed 1-17-95.)

   As used in this chapter, “public nuisance” means a condition which exists when:

   (a)    Any building, structure or object on any lot or land is in a dilapidated, decayed, unsafe, or unsanitary condition detrimental to the public health, safety and welfare, or well-being of the surrounding area;

   (b)    Any building, structure or object on any lot or land or any material or rubbish in or upon any building, structure, or object or any lot or land is a fire hazard;

   (c)    Any building, structure or object on any lot or land is used in violation of Ohio R.C. 2925.13;

   (d)    Any material in or upon any building, structure, object or any lot or land endangers the public health, safety and welfare, or well-being of the surrounding area;

   (e)    Any activity in or upon any building, structure, object or any lot or land endangers the public health, safety and welfare, or well-being of the surrounding area;

   (f)    Any condition exists in or upon any building, structure, object or any lot or land which attracts or propagates rats, vermin, or insects in such a way that it endangers the public health, safety and welfare, or well-being of the surrounding area;

   (g)    Any condition exists which at common law, was classified as a public nuisance;

   (h)    Any condition exists which has been declared a public nuisance by the Ohio Revised Code;

   (i)    Any condition exists which has been declared a nuisance by the Codified Ordinances of the City of Munroe Falls.

(Ord. 36-2004. Passed 9-7-04.)

   Whenever a complaint is made to the Building and Zoning Inspector of the existence of a public nuisance, he shall promptly inspect or cause an inspection to be made of the premises on which it is alleged that such public nuisance exists. Should the Building and Zoning Inspector, after such inspection, find that a public nuisance exists, abatement of such public nuisance shall proceed in accordance with the provisions of Sections 1175.03 and 1175.04.

(Ord. 36-2004. Passed 9-7-04.)

   (a)    Should the Building and Zoning Inspector find that a public nuisance exists and that the nature thereof is such as to require its summary abatement, the Building and Zoning Inspector shall cause photographs to be made of such nuisance and shall file and keep in his office such photographs along with the reports pertaining to the public nuisance. The Building and Zoning Inspector shall then determine the individual, form or corporation who from the records in the Auditor's Office of Summit County, appears to be the titled owner of the property and immediately cause a written notice to be served on such title owner. Notice shall be served personally on the titled owner or by certified mail with return receipt requested. If service of such written notice is unable to be perfected by the aforesaid methods, then the Building and Zoning Inspector shall cause a copy of the aforesaid notice to be served by ordinary mail service which shall be deemed complete upon mailing, and also left with the individual, if any, in possession of the premises. He shall also cause a copy of the notice to be posted on the premises.

   (b)    The notice required by subsection (a) hereof shall state, in brief, the findings with respect to the existence of the public nuisance by the Building and Zoning Inspector. The notice shall further state that unless the owner causes the nuisance to be abated within 72 hours, the City may take such action as is necessary to abate the nuisance at the expense of the owner.

   (c)    Any act, inspection or findings required to be carried out by the Building and Zoning Inspector or Director of Public Service pursuant to this chapter may be carried out by any of their respective subordinates, assigned or directed by them to carry out such functions.

(Ord. 36-2004. Passed 9-7-04.)

   (a)    Should the Building and Zoning Inspector find that a public nuisance exists, but that the nature therefore is not such as to require summary abatement, the Building and Zoning Inspector shall cause photographs to be made of such nuisance and shall file and keep in his office such photographs along with reports pertaining to the public nuisance. The Building and Zoning Inspector shall then determine the individual, firm or corporation who from the records in the Auditor's Office of Summit County appears to be the titled owner of the property and shall, within five days, cause a written notice to be served on such titled owner. Notice shall be served by certified mail with a return receipt requested. If service of such written notice is unable to be perfected, then the Building and Zoning Inspector shall cause a copy of the aforesaid notice to be served by ordinary mail service which shall be deemed complete upon mailing, and also left with the individual, if any, in possession of the premises. He shall also cause a copy of the notice to be posted on the premises.

   (b)    The notice required by subsection (a) hereof shall state, in brief, the findings with respect to the existence of the pubic nuisance by the Building and Zoning Inspector. The notice shall further state that unless the owner causes the nuisance to be abated within thirty days after service of notice, the City may take such action as is necessary to abate the nuisance.

(Ord. 36-2004. Passed 9-7-04.)

   (a)    The owner of the premises, or his designated representative upon which a public nuisance is located and who has been served with a notice, pursuant to Section 1175.03, that a public nuisance exists and that it must be abated within 72 hours may, within that 72 hour period, appear in person before the Director of Public Service and request a hearing on the question of whether a public nuisance exists, as defined in Section 1175.01, and merits summary abatement.

   (b)    Every effort should be made to hold a hearing pursuant to subsection (a) hereof no later than three business days from the date of the in person request for a hearing by the owner of the premises upon which the public nuisance is located. If possible, the Director of Public Services shall provide to the owner the hearing date, time and place at the time the in person request for a hearing is made.

   (c)    The owner of the property upon which a public nuisance exists and who has been served with a notice, pursuant to Section 1175.04, that a public nuisance exists and that it must be abated within thirty (30) days, may, within seven (7) days after receipt of such notice, make a written demand to the Director of Public Service for a hearing on the question of whether a public nuisance exists as defined in Section 1175.01.

   (d)    Every effort should be made to hold a hearing held pursuant to subsection (c) hereof no later than ten (10) days following receipt of written demand to the Director of Public Service and at least three (3) days notice of the hearing shall be given to the individual who made the written demand for the hearing.

(Ord. 36-2004. Passed 9-7-04.)

   (a)    All hearings requested pursuant to the provisions of Section 1175.05 shall be conducted before the Board of Zoning Appeals. The Board may affirm, reverse or modify the finding of a public nuisance and the issuance of the abatement order by the Building and Zoning Inspector by a majority vote.

   (b)    A copy of the decision of the Board shall be served upon the person who made the written demand for the hearing, by certified mail with a return receipt requested. In cases involving summary abatement, a decision shall be rendered at the conclusion of the hearing. The decision of the Board shall be final and conclusive, unless a proper appeal is filed in a court of competent jurisdiction within ten (10) days of the date of the delivery of the decision.

   (c)    All hearings held by the Boards pursuant to this chapter shall be administrative in nature. At all hearings conducted pursuant to this section, any party may be represented by legal counsel. The rules of evidence utilized by the courts shall not be applicable in hearing before the Board. The Boards are hereby empowered to subpoena witnesses and take testimony under oath.

(Ord. 36-2004. Passed 9-7-04.)

   (a)    Should a public nuisance not be abated within the time stated in the notice given pursuant to this chapter, or within such additional time as the Board may grant for such abatement, the Director of Public Service or his designated representative shall have the right to enter upon the premises and abate such nuisance. In abating a public nuisance, the Director of Public Service may take such action as is necessary to complete the abatement and should be practicable to sell or salvage any material resulting from such abatement, he may cause the same to be sold at public or private sale at the best price obtainable and shall keep an account of the proceeds thereof. Such proceeds shall be deposited in the General Fund of the City. Should the amount recovered be insufficient to pay the cost of the abatement, the remaining balance shall become the assessment amount and notice of such assessment shall be sent by regular mail to the owner or person having control of the real estate at his last known address to pay the cost of such abatement. If payment of such costs is not received by the City within thirty (30) days after the mailing of such notice, then the amount shall be certified to the County Auditor for collection of the same as other real estate taxes and assessments are collected.

   (b)   The cost of abatement of the public nuisance shall be an amount determined by the Director of Public Service and includes, without limitation, the cost of preparing and sending any notices, the cost of inspection of properties by City officials, and the cost of abating the public nuisance whether such abatement is performed by the City or by an independent contractor. Costs for services of City employees include, without limitation, an amount based on the hourly rate of pay, including all fringe benefits, of the personnel involved.

   (c)    The Director of Public Service may utilize any labor or equipment of City in abating a public nuisance or may contract for the abatement thereof provided that the expenditure of funds for such abatement is properly authorized.

(Ord. 36-2004. Passed 9-7-04.)

   (a)    Whenever a public nuisance exists as defined in Section 1175.01 and the nature thereof constitutes an emergency as defined in subsection (b) hereof, the City may take immediate action to abate the nuisance and such abatement may take place without prior notice to the titled owner of the premises on which the public nuisance exists. Notice of the action taken to abate the nuisance shall immediately be sent to the titled owner by certified mail with a return receipt requested.

   (b)    As used in this section, “emergency” means an unforeseen combination of circumstances, which calls for immediate action in order to preserve the public health, safety, welfare or property.

   (c)    In any proceeding pursuant to this section, the determination that a public nuisance exists and that the nature thereof constitutes an emergency as defined in subsection (b) hereof shall be made solely by the Building and Zoning Inspector.

(Ord. 36-2004. Passed 9-7-04.)

   The provisions of this chapter shall not be deemed to be a limitation or restriction on the power or authority of the City or any officer thereof to take any action or bring any suit or proceeding in respect to public nuisances otherwise provided for by law or ordinance of the City.

(Ord. 36-2004. Passed 9-7-04.)

   No person shall interfere with any municipal officer, assistant, subordinate, employee or agent while he is engaged in or about the carrying out of any of the duties set forth in this chapter.

(Ord. 36-2004. Passed 9-7-04.)

   (a)    No person shall permit the existence of any public nuisance on property owned by him or under his control.

   (b)    No person shall fail to abate any public nuisance on property owned by him or under his control after the Building and Zoning Inspector has provided notice to do so as provided in this chapter.

(Ord. 36-2004. Passed 9-7-04.)

   (a)    Whoever violates any provision of this chapter, for which no other penalty is provided, is guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

   (b)    Whoever refuses or neglects to obey a proper order issued pursuant to this chapter shall be guilty of a misdemeanor of the fourth degree. Each and every day such order is not obeyed shall be deemed to be a separate offense.

   (c)    It shall be an affirmative defense to the refusal or neglect to obey a proper order issued pursuant to this chapter that the person was willing to comply with the order but was financially unable to do so.

   (d)    Whoever violates the provisions of Section 1175.10 shall be guilty of a misdemeanor of the second degree.

   (e)    Criminal remedies available under this chapter are in addition to and not in replacement of other remedies available to the City under the Codified Ordinances or any other law or regulation.

(Ord. 36-2004. Passed 9-7-04.)

      (1)   Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

      (2)   Should any court of competent jurisdiction declare any section or subpart of this chapter to be invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof, other than the provision declared invalid.

      (1)   “Child” means any person less than 18 years of age.

      (2)   “Chemical dump site” means any place or area where chemicals or other waste materials used or produced in a clandestine drug lab have been located.

      (3)   “Clandestine drug lab” means the unlawful manufacture or attempt to manufacture controlled substances. Only those labs which law enforcement determine may contain residual contamination that could be harmful to the occupants are subject to this chapter.

      (4)   “Clandestine drug lab site” means any place or area where law enforcement has determined that conditions associated with the operation of a clandestine drug lab exist. A “clandestine drug lab site” may include dwellings, accessory buildings, accessory structures, motor vehicles, a chemical dump site or any land.

      (5)   “Controlled substance” means a drug, substance or immediate precursor in Schedules I through V of Ohio R.C. 3719.41. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.

      (6)   “Household hazardous wastes” means waste generated from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with all Federal, State and local regulations.

      (7)   “Manufacture,” in places other than a pharmacy or a licensed pharmaceutical manufacturing facility, means and includes the production, cultivation, quality, control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of controlled substances.

      (8)   “Motor vehicles” shall have the same meaning as Ohio R.C. 4501.01.

      (9)   “Owner” means any person, firm or corporation who owns, in whole or in part, the land, buildings or structures associated with a clandestine drug lab site or chemical dump site.

      (10)   “Public health nuisance” includes all dwellings, accessory structures and buildings associated with a clandestine drug lab site that are potentially unsafe due to health hazards.

      (11)   “Building Official” as used in this chapter, shall mean the Director of Public Services established in Article 10 of the City Charter.

(Ord. 04-2009. Passed 5-19-09; Ord. 2014-04. Passed 11-4-14.)

      (1)   Occupants of the property;

      (2)   All adjacent property owners and any other neighbors at probable risk;

      (3)   The Police Department and Fire Department;

      (4)   The primary mortgage holder; and

      (5)   Other Federal, State and local authorities, and City Council members which are known to have public and environmental protection responsibilities that are applicable to the situation.

      (1)   Cause the immediate vacation by all occupants of those portions of the property, including building or structure interiors, which may place the occupants or visitors at risk.

      (2)   Contract with appropriate environmental testing and cleaning firms to conduct an on-site assessment, complete clean-up and remediation testing and follow-up testing, and determine that the property risks are sufficiently reduced to allow safe human occupancy of the dwelling. The City shall promulgate criteria for the assessment and remediation process.

      (3)   Provide the Building Official with written documentation of the clean-up process, including a signed, written statement from the environmental testing and cleaning firm that the property is safe for human occupancy and that the clean-up was conducted. The owner shall complete the remediation and post remediation assessments within 90 days from the date of the Declaration of Public Health Nuisance.

      (1)   If, after service of notice of the Declaration of Public Health Nuisance, the property owner fails to arrange appropriate assessment and clean-up pursuant to the rules and regulations in Exhibit A attached to Ord. 04-2009, the Building Official is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.

      (2)   If the City is unable to locate the property owner within 14 days of the Declaration of Public Health Nuisance, the City is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up.

      (3)   The City may abate the nuisance by removing the hazardous structure or building, or otherwise, according to Chapter 1175 of the Codified Ordinances.

      (4)   The City shall be entitled to recover all costs of abatement of the public nuisance. The City may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special tax against the property in the manner as taxes and special assessments are certified and collected pursuant to the Ohio Revised Code.

      (1)   The Chief Building Official is authorized to modify the Declaration conditions or remove the Declaration of Public Health Nuisance.

      (2)   Such modifications or removal of the Declaration shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the dwelling.

      (3)   Nothing herein shall prevent the Chief Building Official from pursuing any remedy available pursuant to Chapter 1175 of the Codified Ordinances, including the demolition of a building or structure.

(Ord. 04-2009. Passed 5-19-09.)

   (a)   No person shall sell or lease real property, which has been the subject of a Declaration of a Public Health Nuisance pursuant to this chapter or has been the site of a known clandestine drub lab without disclosing such Declaration or knowledge to the broker, listing agent, seller's agent, buyer's agent, as well as the buyer or any tenant living therein. Said disclosure shall be made on a form provided by the Building Official.

   (b)   Disclosure shall not be required once the Chief Building Official has removed the Declaration of Public Health Nuisance from the property.

(Ord. 04-2009. Passed 5-19-09; Ord. 01-2013. Passed 3-5-13.)

   (a)   The Chief Building Official, with the advice of the Departments of Police and Law, shall have the authority to promulgate any rules and regulations to enforce this chapter.

   (b)   In the event of the State or Federal government promulgate clean-up guidelines that are more stringent or that pre-empt local regulation, its clean-up guidelines shall prevail.

(Ord. 04-2009. Passed 5-19-09.)

   Any person adversely affected by any order of the Building Official pursuant to this chapter may request a hearing on the matter by submitting a written request to the Board of Building Appeals within five days of receipt thereof. The Board shall issue an order either affirming, reversing, or modifying the order of the Building Official.

(Ord. 04-2009. Passed 5-19-09.)

   Any person violating any provision of this chapter is guilty of a misdemeanor of the first degree.

(Ord. 04-2009. Passed 5-19-09.)