Newburgh Heights City Zoning Code

TITLE THREE

Administration

1111.01 ESTABLISHED DUTIES AND AUTHORITY.

(a) General. A Planning Commission ("Commission"), which shall possess all of the powers and be subject to all of the responsibilities imposed upon by law, the ordinances of the Village and the directions of Council, is hereby authorized and established. The Commission shall consist of five members including the Mayor, one of the members of Council, to be selected by Council, and three electors of the Village appointed by the Mayor and subject to the approval of Council. All members shall serve without compensation. The Mayor may at any time remove any member of the Commission for inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office, incapacity or incompetency, provided, however, that such removal from office shall become final only after being confirmed by the affirmative vote of a majority of the members of Council. The Building Inspector and Village Engineer shall furnish the necessary technical advice and services required by the Commission; they shall attend all meetings but shall not vote.

(b) Powers and Duties. The Commission shall administer the Planning and Zoning Code and Building Code regulations. The Commission shall have such powers and duties as may be prescribed by the ordinances of Council or the general laws of the State of Ohio (Ohio R.C.713.01 et seq.) not inconsistent therewith. Included in these duties and responsibilities are the powers:

(1) To make, revise, and amend plans and maps of the whole or any portion of the municipal corporation.

(2) To make recommendations to public officials concerning planning and zoning issues, including the general location, character, and extent of any such public ways, grounds, open spaces, buildings, property, utilities, or terminals.

(3) To accept, receive, and expend funds, grants, and services from government agencies, departments, and instrumentalities thereof and contract with respect thereto, either separately or jointly or cooperatively, and provide such information and reports as may be necessary to secure such financial aid.

(4) To control, employ, appoint, architects, engineers, and other professional service.

(5) To adopt a plan for dividing the municipal corporation or any portion thereof into zones or districts, in the interest of the public health, safety, convenience, comfort, prosperity, or general welfare, for the limitations and regulation of the height, bulk, design and location, including percentage of lot occupancy, set back building lines, and area and dimensions of yards, courts, buildings and other open spaces, and the uses of buildings and other structures and of premises in such zones or districts.

(6) To periodically review, revise, and amend the Village's Master Plan.

(7) To present to Council every four (4) years in September, beginning with the September 2000 Council meeting, its recommendations for amendments to the Village Master Plan for adoption by Council.

(8) To establish rules and regulations for its own procedure not inconsistent with this section, subject to the approval of Council.

(Ord. 2017-49. Passed 12-5-17.)

1111.02 ARCHITECTURAL REVIEW.

(a) General. The Planning Commission shall undertake design review functions pursuant to the provisions of this section:

(1) The purposes of Architectural Review are to protect the value, appearance and use of property on which the buildings are constructed or altered, to maintain a high character of community development, to protect the public health, safety, convenience, and welfare and to protect real estate within the Village from impairment or destruction of value. These purposes shall be accomplished by the Commission by regulating, according to accepted and recognized architectural and engineering principles, the design, use of materials, finished grade lines, dimensions, orientation and location of all main and accessory buildings to be erected, moved, altered, remodeled, or repaired, subject to the provisions of the Planning and Zoning Code and the Building Code and other applicable sections of this Code. In reviewing, regulating, and approving building plans, the Commission shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious, and integrated development of related properties.

(2) The provisions of this Chapter shall apply to all new construction and construction which alters exterior elevations wherever situated within the Village, including construction by the Village. The Building Commissioner shall, as he/she deems necessary, file all drawings, data, reports, and complaints received with the Commission respecting applications for building permits

(3) Review of Plans and Specifications. The Commission shall receive and promptly review and pass upon all drawings, data, reports, and complaints filed in the Building Department, in the order filed for the purposes set forth in this chapter, and according to rules and regulations duly adopted and published by the Commission for the operation of its business, which rules and regulations shall not be inconsistent with the purposes of the Commission, the provisions of this chapter, and the architectural guidelines as set forth in the "Village of Newburgh Heights Architectural Standards" or the same as shall be amended from time to time. The Commission may approve, conditionally approve or reject the exterior design of any proposed building or structure, enlargement or alteration, and may modify or request such modifications as it may deem necessary to carry out the purpose and intent of this Chapter. The Commission shall immediately notify the Building Department in writing of action taken in each instance, and no building permit shall be issued unless plans and specifications therefore have been approved in writing by the Commission.

(4) Appeals from Decisions of the Commission. Any person or persons jointly or severally aggrieved by any decision of the Commission may appeal therefrom to the Board of Zoning Appeals in the same manner as provided for appeals from other regulations in this Code. The Board of Zoning Appeals may reverse, modify, or affirm the action, and its decision shall be considered final.

(Ord. 2017-49. Passed 12-5-17.)

1111.03 SITE PLAN REVIEW AND CHECKLIST.

(a) Review of Plans. The Commission shall receive and promptly review all drawings, data, and reports in the order filed for the purposes set forth in this chapter, and according to rules and regulations duly adopted and published by the Commission for the operation of its business, which rules and regulations shall not be inconsistent with the purposes of the Commission, the provisions of this chapter, and the architectural guidelines as set forth in the "Village of Newburgh Heights Architectural Standards" or the same as shall be amended from time to time. The Commission may recommend approval, conditional approval or rejection of the exterior design of any proposed building or structure, enlargement or alteration, and may modify or request such modifications as it may deem necessary to carry out the purpose and intent of this Chapter.

(b) Review Checklist.

(1) A site plan shall be considered complete with any application requiring such a plan upon demonstrating the following requirements:

A. Any existing buildings

B. Any proposed buildings

C. Streets

D. Location and number of parking spaces

E. Driveways

F. Curb cuts

G. Walkways

H. Sidewalks

I. Landscaped areas

J. Lighting

K. Fences

L. Signs

M. Utilities Locations

N. Other important features at or near the project site

(2) All elements of the site plan shall be drawn to a 1:1 scale and show all relevant dimensions and note such information as drains, paving materials, etc. (Ord. 2017-49. Passed 12-5-17.)

1111.04 TERMS AND MEMBERSHIP.

(a) General. The three electors shall be appointed to serve six (6) year terms, except that for the first commission, one member shall serve for two (2) years, another for four (4) years and another for six (6) years (Ohio R.C. 713.01). The Council members and Mayor shall serve for the remainder of their respective terms as members of Council or as Mayor. A vacancy occurring during the term of any member shall be filled for the unexpired term in the manner authorized for an original appointment.

(b) Officers. The Commission shall elect a Chairperson of the Commission from among the three elector members of the Commission. The Commission shall appoint a Secretary to the Commission, who need not be a member of the Commission and who may hold other municipal office or appointments. The Commission may appoint such other officers or employ such persons as may be needed for the proper conduct of its affairs; this includes the calling upon professionals for their expertise on various topics and issues during public hearings.

(Ord. 2017-49. Passed 12-5-17.)

1111.05 MEETING STRUCTURE AND QUORUM.

(a) The Planning Commission shall hold its regularly scheduled meetings on the fourth (4th) Thursday of each month. In the event that no new business or application is on the agenda for any given month, the Chairperson of the Planning Commission may cancel such a meeting, provided that "Notice of Cancellation" shall be posted at least twenty-four (24) hours prior to the meeting date, and provided further that the Planning Commission shall meet at least quarterly. The Planning Commission shall be permitted to hold special meetings as necessary, upon call of the Chairperson.

(b) The Planning Commission shall hold a public meeting and/or hearing with respect to an officially filed application, site plan or other request for review no later than the date of the next regularly scheduled Planning Commission meeting that is at least twenty-one (21) days after the date on which any such application is filed.

(c) A majority of the members of the Planning Commission shall constitute a quorum for the transaction of business and the affirmative vote of three (3) members of the Planning Commission shall be necessary for any official action. If all members are not present, the applicant may request a delay so that all members may be present. The Chairperson shall schedule a special meeting within fourteen (14) days after the initial meeting for this purpose. If the Chairperson cannot obtain attendance of all members within the first fourteen (14) days, the applicant may request and the Chairperson shall schedule a second special meeting scheduled for fourteen days following the first special meeting. The Chairperson must contact all members and notify them of any special meeting or any cancellation of the Planning Commission's regularly scheduled meeting. For the first special meeting, notification shall be by letter delivered by the Newburgh Heights Police to all members. For the second special meeting (or any subsequent special meeting), notification shall be by certified mail, return receipt required. Actions may be taken at the second special meeting regardless of all members being present, as long as there is a quorum. (Ord. 2017-49. Passed 12-5-17.)

1111.06 PUBLIC NOTIFICATION PROTOCOL.

(a) Newspaper. Before conducting a public hearing, notice of such hearing shall be given in one or more newspapers of general circulation in the Village at least fourteen (14) days before the date of said hearing. The notice shall set forth the time, place of the public hearing, the nature of the proposal or appeal, and a point of contact for questions or to provide comments.

(b) Before conducting a public hearing, written notice of such hearing shall be mailed by the Chairman of the Planning Commission, by first class mail, at least fourteen (14) days before the day of the hearing to all owners of property within two hundred (200) feet of the boundary of the property in question to the addresses of such owners appearing on the County Auditor's current tax list and to such other lists which may be specified by the Planning Commission. The notice shall contain the same information as required of notices published in newspapers as specified above in subsection (a) hereof.

(Ord. 2017-49. Passed 12-5-17.)

1113.01 ESTABLISHED DUTIES AND AUTHORITY.

(a) General. A Board of Zoning Appeals shall be composed of five electors of the Village appointed by the Mayor, and confirmed by the Council. All board members shall serve without compensation and the Mayor, upon the approval of Council, shall have the right to remove any member for cause, including missing more than fifty (50%) percent of the meetings within a calendar year. The Building Inspector and the Village Engineer shall furnish the necessary technical advice and services required by the Board; they shall attend all meetings but shall not vote.

(b) Powers and Duties. The Board of Zoning Appeals shall have the following duties and powers:

(1) To hear and decide appeals made for exceptions to and variances in the application of ordinances governing zoning and building in the Village in conformity with the purpose and intent thereof and to hear and decide all appeals made for exceptions to and variances in the application of ordinances, or orders or regulations of administrative officials or agencies.

(2) To hear and decide appeals from, and to review upon motion of any member of the Board, any order, requirements, decision or determination of the Building Inspector or any other administrative official or agency of the Village, relating to the location, design, materials, construction, alteration, repair, equipment, use or occupancy, maintenance, removal or demolition of any building or other structure or any appurtenance connected or attached to such buildings or structures, regulated by the Building Code and any rule or regulation or amendment or repeals thereof made by such officials or agencies under the authority conferred upon them by the Building Code, by reversing or affirming in whole or in part, or modifying such order, requirement, decision or determination, or rule, regulation, amendment or repeals thereof as in its opinion ought to be made in the premises.

(3) To exercise with respect to buildings situated in the Village the same powers as are exercised by the Board of Building Standards under the laws of the State to the extent that it is competent for this chapter so to authorize the Board.

(4) To formulate and submit to Council, changes in and amendments to the Building Code which the Board determines as desirable for the proper regulation of buildings and structures and the equipment thereof and appurtenances thereto in the Village.

(5) To establish rules and regulations for its own procedure not inconsistent with this section, subject to the approval of Council.

(6) To do and perform such other duties and functions as may be imposed upon it by this chapter or ordinances and resolutions of Council.

(Ord. 2017-49. Passed 12-5-17.)

1113.02 TERMS AND MEMBERSHIP.

(a) General. The Board of Zoning Appeals shall be appointed for a term of five (5) years except that members first appointed shall be appointed one for a term of one (1) year, one for a term of two (2) years, one for a term of three (3) years, one for a term of four (4) years and one for a term of five (5) years. Any vacancy shall be filled in the same manner for the unexpired term.

(b) Officers. The Board shall elect a Chairperson of the Board from among the five members of the Board. The Board shall appoint a Secretary to the Board, who need not be a member of the Board and who may hold other municipal office or appointments. The Board shall employ such persons as may be needed for the proper conduct of its affairs.

(Ord. 2017-49. Passed 12-5-17.)

1113.03 MEETING STRUCTURE AND QUORUM.

(a) The Board shall hold its regularly scheduled meetings on the third (3rd) Thursday of each month. In the event that no new business or application is on the agenda for any given month, the Chairperson of the Board may cancel such meeting, provided that Notice of Cancellation shall be posted at least twenty-four hours prior to the meeting date, and provided further that the Board shall meet at least quarterly. The Board shall be permitted to hold special meetings as necessary, upon call of the Chairperson.

(b) The Board shall hold a public meeting and/or hearing on an officially filed application no later than the date of the next regularly scheduled Board meeting that is at least twenty-one (21) days after the date on which any such application is filed.

(c) A majority of the members of the Board shall constitute a quorum for the transaction of business and the affirmative vote of three members of the Board shall be necessary for any official action. If all members are not present, the applicant may request a delay so that all members may be present. The Chairperson shall schedule a special meeting within fourteen (14) days after the initial meeting for this purpose. If the Chairperson cannot obtain attendance of all members within the first fourteen (14) days, the applicant may request another meeting and the Chairperson shall schedule a second special meeting not more than fourteen (14) days following the first special meeting date. The Chairperson must contact all members and notify them of any special meeting or any cancellation of the Board's regularly scheduled meeting. For the first special meeting, notification shall be by letter delivered by the Newburgh Heights Police to all members. For the second special meeting (or any subsequent special meeting), notification shall be by certified mail, request receipt required. Actions may be taken at the second special meeting regardless of all members being present, as long as there is a quorum.

(Ord. 2017-49. Passed 12-5-17.)

1113.04 PUBLIC NOTIFICATION PROTOCOL.

(b) Before conducting a public hearing, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least fourteen (14) days before the day of the hearing to all owners of property within two hundred (200) feet of the boundary of the property in question to the addresses of such owners appearing on the County Auditor's current tax list and to such other lists which may be specified by the Board of Zoning Appeals. The notice shall contain the same information as required of notices published in newspapers as specified above in subsection (a) hereof.

(Ord. 2017-49. Passed 12-5-17.)

1115.01 APPEALS.

(a) If a building or occupancy permit is refused by the Building Commissioner, an appeal, in writing, may be made to the Board of Zoning Appeals. Such appeal may be made to the Board by any elected Village official, or by any person aggrieved or affected by any decision. Such appeal shall be filed within fourteen (14) days after such decision by the Building Commissioner is rendered and shall be filed with the Building Commissioner. Upon request of such appeal, the Building Commissioner shall immediately transmit to the Board such appeal, together with the permit application, plans, maps and other data in his or her possession which may be useful to the Board in arriving at the proper decision.

(b) An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Commissioner from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Building Commissioner from whom the appeal is taken on due cause shown.

(Ord. 2017-49. Passed 12-5-17.)

1115.02 VARIANCES.

(a) Any person requesting a variance from the provisions of this Code for the district in which his or her property is located may apply to the Board for such variance. Such application shall be made in writing to the Building Commissioner.

(b) Such an application shall include:

(1) Name, address, and phone number of applicants.

(2) Legal description of the property.

(3) Description of the nature of the variance.

(4) A narrative statement demonstrating that the requested variance conforms to the following standards:

A. That special circumstances and conditions exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

B. That a literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

C. That special conditions and circumstances do not result from the actions of the applicant;

D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

(c) Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Code would result in practical difficulty or in unnecessary hardship, as applicable. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Code would result in practical difficulty or in unnecessary hardship, as applicable. A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards stated above have been met.

(d) In approving a variance, the Board may designate such conditions in connection therewith as will, in its opinion, protect the health, safety, attractiveness and values of adjoining property. Permits approved by the Board for exceptions and variances from the regulations of this Code shall be void after one (1) year from the date of such approval, unless, in the case of new construction, work has been done above the foundation walls, and, in cases of occupancy of land or reconstruction or occupancy of buildings, the operation called for by such permit is well under way by the end of such one (1) year period.

(Ord. 2017-49. Passed 12-5-17.)

1115.03 LIMITATIONS.

Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Code in the district involved, or any use expressly or by implication prohibited by the terms of this Code in said district. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Code.

(Ord. 2017-49. Passed 12-5-17.)

1115.04 PUBLIC HEARING AND NOTIFICATION.

(a) General. The Board of Zoning Appeals shall schedule a public hearing within sixty (60) days after it receives an application for an appeal or variance. Should all members of the Board of Zoning Appeals not be present at the hearing, the applicant may request a delay in the proceedings pursuant to the regulations in this Code.

(b) Public Notification.

(1) Newspaper. Before conducting a public hearing, notice of such hearing shall be given in one or more newspapers of general circulation in the Village at least fourteen (14) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposal or appeal.

(2) Before conducting a public hearing, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least fourteen (14) days before the day of the hearing to all owners of property within two hundred (200) feet of the boundary of the property in question to the addresses of such owners appearing on the County Auditor's current tax list and to such other lists which may be specified by the Board of Zoning Appeals. The notice shall contain the same information as required of notices published in newspapers as specified above in subsection (b)(1) hereof.

(Ord. 2017-49. Passed 12-5-17.)

1115.05 BOARD OF ZONING APPEALS ACTION.

(a) General. Within thirty (30) days after the public hearing required, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance. The Board shall further make a finding 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. A copy of all decisions or determinations of the Board shall be transmitted to the Building Commissioner.

(b) Fees. A written appeal or application for a variance shall be accompanied by a fee payable to the Village. A schedule of such fees shall be made available through the Village and may be altered or amended only by Council. All fees shall be paid in full before any decision is rendered. (Ord. 2017-49. Passed 12-5-17.)

1117.01 OVERVIEW.

In recent years, the characteristics and effects of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety and general welfare of the community. Toward these ends, it is the intent of this chapter to provide for a more detailed evaluation of each use conditionally permissible in a specific district with respect to such considerations as location, design, size of development, method or methods of operation, intensity of use, public facilities requirements, and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of this Chapter of this Code. (Ord. 2017-49. Passed 12-5-17.)

1117.02 APPLICATION, FEES AND DEPARTMENT REFERRAL.

(a) Application. Any owner, or agent thereof of property for which a conditional use is proposed shall make an application for a conditional use permit by filing it with the Building Commissioner, who shall then refer it to the Planning Commission. Such application, at a minimum, shall contain the following information:

(1) The street address of the property.

(2) A legal description of the property and the permanent parcel numbers of the lots included in the property.

(3) The existing use or uses to which the premises or the proposed building is devoted as well as the proposed use or uses.

(4) The zoning district of the property.

(5) The name, address, phone number and fax number of the owner, architect and contractors. In the case of work on a single project which has been determined by the Building Commissioner to have a gross value of fifty thousand dollars ($50,000) or more and is being performed for or by corporations or partnerships, a statement shall be filed with the application listing the names and addresses of all directors and officers, as well as the names and addresses of all shareholders or principals having a ten (10%) percent or greater interest in such firm.

(6) Such an application shall be accompanied by the following information when deemed applicable by the Building Commissioner. All such information shall be submitted in duplicate form and in a 1:1 scale where applicable:

A. Site context plan. On a building base map, providing context within a larger area by showing streets, buildings and landmarks. The actual site should be outlined on this plan.

B. Site plan. Indicating existing and proposed buildings, streets, lot lines, location and number of parking spaces, driveways, walkways, curb cuts, landscaped areas, lighting, fences, sidewalks, signs, or other important features at or near the project site; drawn to scale and showing all relevant dimensions and noting such information as drains, paving materials, etc.

C. Landscape plan. Indicating grading, drainage, plant materials, roadways, walkways, and site furnishings (seating, lighting fixtures, etc.).

D. Building elevations. For all sides of the building showing details, materials, colors, heights, types of illumination, signs, etc. (Section studies should be provided, where needed, to clarify understanding of special spaces and their effects on the elevations.) Drawings should be to scale.

E. Typical floor plans. Which clarify and justify the elevations and exterior changes proposed.

F. Master signage plan. Including basic sign parameters as to the location, size, style, illumination, height and color of proposed signs as well as all existing signs on the property. It shall include all information necessary to determine the maximum amount of signage permitted by Code and the amount of signage proposed for current and future tenants of a multi-tenant facility.

G. Color photographs. Showing the site in the context of adjoining properties.

H. Sample of materials. Showing proposed colors and textures.

I. Utilities. Evidence of adequacy of all required utilities and services.

J. Dwelling units and/or employees. Number of dwelling units in proposed buildings or existing buildings to be retained, by number of bedrooms and by any special populations to which occupancy is to be restricted. Proposed number of permanent employees to be accommodated on the property, including existing employment proposed to be retained, by shift and by full-or part-time status.

K. Hazardous materials. Descriptions of any known hazardous materials contamination of the site, including buried storage tanks. Description of any hazardous wastes to be generated by the proposed project and of plans for disposal thereof.

L. Traffic analysis. Professional analysis of estimated vehicular trips generated by each phase of completed development per day and during AM and PM peak hours, the expected impact on existing traffic loads in the area, and road construction or traffic control measures needed to accommodate the new traffic.

M. Phasing. Chronological schedule of expected beginning and ending dates for proposed stages of construction and improvement of all structures, common or public areas, circulation ways, parking, loading, and service areas, and utilities, showing the interim use and maintenance of areas not under construction in each phase.

(7) A narrative discussing the compatibility of the proposed use with the existing uses of adjacent properties and with the comprehensive plan, if any, to include an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes and vibration; and

(8) A narrative addressing each of the applicable criteria contained below in subsection (b), General Standards.

(b) General Standards. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find sufficient evidence showing that such use at the proposed location:

(1) Is in fact a conditional use as established under the district regulations adopted for the zoning district involved.

(2) Will be in accordance with the general objectives, or with any specific objective, of the Village's Master Plan and/or this Code.

(3) Will be designed, constructed, operated and maintained so as to be harmonious with and appropriate in appearance to the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area.

(4) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services.

(5) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

(6) Will not be hazardous or disturbing to existing or future neighboring uses.

(7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person or property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

(8) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

(9) Cannot be satisfactorily located in a nearby less restrictive use district.

(c) Referral to Department. The Building Commissioner shall submit plans to the appropriate departments within the Village for their comments, i.e., Fire, Police, Service and Law. Written reports from the aforementioned departments and from the Building Department shall be provided to the Planning Commission for presentation at the required Public Hearing.

(Ord. 2017-49. Passed 12-5-17.)

1117.03 PUBLIC HEARING AND NOTIFICATION.

(a) General. The Planning Commission shall hold a public hearing within sixty (60) days after it receives an application for a conditional use.

(b) Public Notification.

(2) Before conducting a public hearing, written notice of such hearing shall be mailed by the Chairman of the Planning Commission, by first class mail, at least fourteen (14) days before the day of the hearing to all owners of property within two hundred (200) feet of the boundary of the property in question to the addresses of such owners appearing on the County Auditor's current tax list and to such other lists which may be specified by the Planning Commission. The notice shall contain the same information as required of notices published in newspapers as specified above in subsection (b)(1) hereof. (Ord. 2017-49. Passed 12-5-17.)

1117.04 PLANNING COMMISSION ACTION.

Within thirty (30) days after the public hearing required, the Planning Commission shall either approve, approve with supplementary conditions, or disapprove the request for a conditional use permit. A copy of all decisions or determinations of the Commission shall be transmitted to the Building Commissioner. If the Commission approves or approves with supplementary conditions, it shall direct the Building Commissioner to issue a conditional permit listing the specific conditions specified by the Commission for approval.

(Ord. 2017-49. Passed 12-5-17.)

1117.05 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this ordinance.

(Ord. 2017-49. Passed 12-5-17.)

1117.06 REVOCATION OF PERMITS.

(a) General.

(1) A conditional use permit shall become null and void if construction on the proposed project has not begun within one (1) year after such approval, unless an extension of time is allowed by the Planning Commission.

(2) The Planning Commission shall revoke a conditional use permit upon a report and finding of the Building Commissioner that subsequent plans or building operations do not comply with terms and conditions of the approval.

(3) A conditional use permit shall automatically expire if, for any reason, the conditional use shall cease for two (2) or more consecutive years.

(b) Fees. Application for a conditional use permit shall be accompanied by a fee payable to the Village. A schedule of such fees shall be made available through the Village and may be altered or amended only by Council. All fees shall be paid in full before any application is reviewed or any permit is issued.

(Ord. 2017-49. Passed 12-5-17.)

1119.01 OVERVIEW.

Within the districts established by this Code, or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful prior to adoption or amending of this Code but which would be prohibited, regulated, or restricted under the terms of this zoning code or amendments thereto. The legitimate interests of those who lawfully establish these nonconformities are herein recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension, and substitution. Except as provided in this Chapter, a lawful building, structure or use existing on the effective date of this Code may be continued even though such building, structure or use does not conform to the provisions of this Code for the district in which such building or use is located. Nevertheless, while it is the intent of this Code that such nonconformities be allowed to continue until removed, they should not be encouraged to survive. Therefore, no nonconformity may be moved, extended, altered, expanded, or used as grounds for any other use(s) or structure(s) prohibited elsewhere in the district except as otherwise specifically provided for in this Chapter.

(Ord. 2017-49. Passed 12-5-17.)

1119.02 CONTINUATION, ENLARGEMENT OR EXPANSION.

Any use of land or buildings, and any design of buildings or location of buildings on a lot, lawfully existing on the effective date of applicable zoning regulations, may be continued even though such use, design or location does not conform to the regulations of this Code for the district in which it is located, provided however, that no enlargement or expansion of such nonconforming building or use shall be made.

(Ord. 2017-49. Passed 12-5-17.)

1119.03 BUILDING UNDER CONSTRUCTION.

No change is required by this Code in the plans, construction or designated use of a building which does not conform to the regulations of this Code for the district in which its premises are located, provided that construction thereon was lawfully begun before passage of this Code, and upon which actual construction has been diligently carried on. Actual construction is defined to be the actual placing of construction materials in their permanent place, fastened in a permanent manner, providing further, that the actual construction of the work shall be diligently carried on until the completion of the building.

(Ord. 2017-49. Passed 12-5-17.)

1119.04 CHANGE IN USE.

(a) No change of a nonconforming use shall be made to a less restricted use.

(b) Ordinary repairs, replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding twenty-five percent (25%) of the building's assessed value, according to the assessments of the County Auditor of Cuyahoga County, Ohio, shall be permitted to a nonconforming use or building provided such repair and maintenance is completed within any consecutive twenty-four (24) month period. Any part of a nonconforming building declared to be unsafe by the Building Commissioner and required by him/her to be strengthened or restored to a safe condition shall be permitted to be strengthened or restored to a safe condition.

(c) No structural change shall be made in a nonconforming building, except as provided in subsection (b) hereof, unless it is changed to a conforming building and use or unless the change is approved by the Building Commissioner upon finding that the change is in the direction of conformity and will not extend unduly the life of an objectionable nonconforming use in the neighborhood.

(d) So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon appeal to, and approval by the Board of Zoning Appeals, be changed to another nonconforming use of the same classification or less intense classification if the Board shall find that the use proposed for substitution is not more injurious to neighborhood safety and property values than the existing use. In permitting such change, the Board may require additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of such change.

(Ord. 2017-49. Passed 12-5-17.)

1119.05 RESTORATION AND REPAIR.

(a) No building which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its assessed tax valuation at the time it was so damaged shall be repaired or rebuilt except in conformity with the regulations for the building and land for the district in which the building is located.

(b) Where the damage sustained represents less than fifty percent (50%) of its assessed tax valuation at the time it was so damaged, or when the building has been declared unsafe by the Building Commissioner or other authorized administrative official, it may be replaced and restored and devoted to the same or a more restricted use, provided that such repair or restoration is completed within six (6) months of the fire or other cause of such damage or within six (6) months from the time the building is declared unsafe.

(Ord. 2017-49. Passed 12-5-17.)

1119.06 ABANDONMENT.

(a) A nonconforming use which has been abandoned shall not be replaced by another nonconforming use.

(b) A nonconforming use shall be deemed abandoned when the nonconforming use has been replaced by a conforming use, or when the nonconforming use has ceased and has not been resumed for a continuous period of six (6) months.

(c) A nonconforming use of a building or property shall be deemed abandoned when it has been replaced by a conforming use or when the nonconforming use has ceased and the intent of the owner to discontinue the use is apparent, or when the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment for a continuous period of six (6) months.

(Ord. 2017-49. Passed 12-5-17.)

1119.07 COMMON OWNERSHIP.

Where two (2) or more contiguous nonconforming recorded lots are held in or come into common ownership, they shall be subject to the following provisions, in addition to limitations imposed by other provisions of this Code:

(a) Where two (2) or more nonconforming recorded lots, or a combination of such lots and portions of lots, with continuous frontage, are held in common ownership, they shall be considered as being within the same zoning district and shall be subject to all requirements applicable to the district in which such lots are located.

(b) If two (2) or more nonconforming recorded lots, or a combination of such lots and portions of lots, with continuous frontage, are held in common ownership, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements of the district in which such lot is located, nor shall any division of any parcel be made which leaves remaining any lot with width or area below that required for the district in which such lot is located.

(Ord. 2017-49. Passed 12-5-17.)

1119.08 CONDITIONAL USE PROVISIONS.

(a) General. In any district in which single-family or two-family dwellings are permitted, such dwellings and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code, notwithstanding limitations imposed by other provisions of this Code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are applicable to the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

(b) Uses under Conditional Provisions. Any use which is permitted as a conditional use in a district under the terms of this ordinance shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(Ord. 2017-49. Passed 12-5-17.)

1121.01 OVERVIEW; AMENDMENT INITIATION.

(a) Amendments to this Zoning Code may be initiated in one of the following ways:

(1) By the adoption of a motion by the Planning Commission.

(2) By the adoption of a resolution by the Village Council.

(3) By the filing of an application by at least one (1) owner or lessee of property within the area proposed to be changed or affected by said amendment.

(b) The Council may from time to time, on its own motion or petition, after public notice and hearing, amend the provisions hereof. Every such proposed amendment shall be referred by the Council to the Planning Commission for a report. Any such amendment that has failed to receive the approval of the Planning Commission shall not be passed by Council except by a three-fourths vote of the members elected to Council.

(Ord. 2017-49. Passed 12-5-17.)

1121.02 APPLICATION FOR ZONING MAP AMENDMENT.

(a) Applications for amendments to the Official Zoning Map adopted as part of this Code shall contain at least the following information:

(1) The name, address and phone number of applicant.

(2) Proposed amending ordinance, approved as to form by Village Law Director.

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

(4) Current use.

(5) Current zoning district.

(6) Proposed use.

(7) Proposed zoning district.

(8) A vicinity map at a 1:1 scale approved by the Building Commissioner showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Building Commissioner may require.

(9) A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten (10) parcels are to be rezoned.

(10) A statement on the ways in which the proposed amendment relates to the comprehensive plan.

(11) A fee as established by the Village Council.

(Ord. 2017-49. Passed 12-5-17.)

1121.03 APPLICATION FOR ZONING TEXT AMENDMENT.

Applications for amendments proposing to change, supplement, amend or repeal any portion(s) of this Code, other than the Official Zoning Map, shall contain at least items (1), (2), (3), (9), and (11) listed above in Section 1121.02(a).

(Ord. 2017-49. Passed 12-5-17.)

1121.04 PLANNING COMMISSION ACTION.

(a) Transmittal to the Planning Commission. Immediately after the adoption of a resolution by the Village Council or the filing of an application by at least one (1) owner or lessee of property, said resolution or application shall be transmitted to the Planning Commission.

(b) Recommendation. Within sixty (60) days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to the Village Council. The Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The written decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based.

(Ord. 2017-49. Passed 12-5-17.)

1121.05 PUBLIC HEARING AND NOTIFICATION.

Upon receipt of the recommendation from the Planning Commission, Village Council shall schedule a public hearing. Said hearing shall be not more than sixty (60) days from the receipt of the recommendation from the Planning Commission.

(Ord. 2017-49. Passed 12-5-17.)

1121.06 PUBLIC NOTIFICATION.

(a) Newspaper. Notice of the public hearing required shall be given by Village Council by at least one (1) or more newspapers of general circulation in the Village. Said notice shall be published at least fourteen (14) days before the date of the required hearing. The published notice shall set forth the time and place of the proposed amendment and a summary of the proposed amendment.

(b) Property Owners. Written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least fourteen (14) days before the day of the public hearing to all owners of property within two hundred (200) feet, including such properties to be contiguous to, and directly across the street from such area proposed to be rezoned or redistricted, to the addresses of such owners appearing on the County Auditor's current tax list and to such other list or lists that may be specified by Village Council. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified above in subsection (a) hereof. (Ord. 2017-49. Passed 12-5-17.)

1121.06 VILLAGE COUNCIL ACTION.

Within thirty (30) days after the required public hearing, the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event of a denial or modification of less than three-fourths votes, the recommendation of the Planning Commission shall be considered as approved. No such ordinance shall be passed unless it has been fully and distinctly read on three different days except that such ordinance may become emergency legislation if three-fourths of the members of Village Council vote to dispense with the three-reading rule and pass in emergency.

(Ord. 2017-49. Passed 12-5-17.)

1121.07 AMENDMENT PROTEST.

(a) If a protest against such amendment be presented duly signed and acknowledged by the owners of twenty percent (20%) of the land within such area proposed to be altered, such amendment shall not be passed except by a three-fourths vote of the members elected to Council.

(b) If such an amendment will transfer an area to a less restricted use district and a protest is presented, duly signed and acknowledged by the owners of twenty percent (20%) of the land adjacent to and within two hundred (200) feet from such area proposed to be transferred and within a more restricted use district than the district in which such area is proposed to be transferred, such amendment shall not be passed except by a three-fourths vote of the members elected to Council. (Ord. 2017-49. Passed 12-5-17.)

1121.08 EFFECTIVE DATE.

Such amendment adopted by the Village Council shall become effective thirty (30) days after the date of such adoption.