The Zoning Map, Building Setback Map, and description thereof set forth in original Ordinance 6845 as amended to the date hereof (December 2, 1970), is herein amended by the Maps made a part of amendatory Ordinance 9201, passed December 30, 1963 and Ordinance 9371 passed May 18, 1966. (Ord. 9826-70. Passed 12-2-70.)

All other sections and provisions contained in original Ordinance 6845 are as herein confirmed and ratified subject to the amendments as set forth in amendatory Ordinances 9201 and 9371, and in this Zoning Ordinance 9826-70. (Ord. 9826-70. Passed 12-2-70.)

1. Words used in the present tense include the future. The singular number includes the plural and the plural the singular. The word "lot" includes the word "plot". The word "building" includes the word "structure" and shall also include fences, tents, lunch wagons, dining cars, camp cars or other structures or vehicles on wheels or other supports and used for business or living purposes. The word "shall" is mandatory and not directory.
2. For the purposes of this Zoning Ordinance, certain words and terms are defined as follows. (Ord. 9826-70. Passed 12-2-70.)

"Accessory use or building" means a subordinate use or building customarily incident to and located on the same lot with the main use or building. (Ord. 9826-70. Passed 12-2-70.)

"Alley" means a narrow thoroughfare upon which abuts, generally the rear of premises and which is not more than twenty feet wide. (Ord. 9826-70. Passed 12-2-70.)

"Court" means an open, unoccupied unobstructed space other than a yard, on the same lot as a building.

1. "Outer Court" means a court extending to a street or to a front or rear yard.
2. "Inner Court" means a court not extending to a street or to a front or rear yard. (Ord. 9826-70. Passed 12-2-70.)

"Dwelling" means any house or building or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more persons either permanently or transiently. (Ord. 9826-70. Passed 12-2-70.)

1. "Private Garage" means a building or space used as an accessory to a main building permitted in a single family residence district or in a general residence district and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted.
2. "Public Garage" means any garage other than a private garage for the storage of motor vehicles at which repairs on any kind of motor vehicle are permitted or at which the sale of accessories and filling station service is permitted. (Ord. 9826-70. Passed 12-2-70.)

"Group Residential Development" means the grouping of residential building structures on a lot or tract of land not less than one acre. (Ord. 72-82. Passed 9-1-82.)

"Half story" means a story which is situated under a sloping roof, the floor area of which does not exceed one half the floor area of the floor immediately below it. (Ord. 9826-70. Passed 12-2-70.)

"Height of building" means the vertical distance from the established sidewalk grade at the center of the front of the building to the highest point of the roof surface if a flat roof; to the deck line for mansard roofs and to the mean height level between eaves and ridges for gabled, hip and gambrel roofs. For buildings set back from the street line height of building may be measured from the average elevation of the finished grade along the front of the building. (Ord. 9826-70. Passed 12-2-70.)

"Lot" means a piece of parcel of land occupied or to be occupied by one main building and its accessory buildings and including the open spaces required under this Zoning Ordinance.

1. Front Lot Line. The front lot line is the line separating the lot from the street. On a corner lot, the owner shall, for the purpose of this Ordinance, have the privilege of electing any street lot line, as the front line provided it is so designated on the building plans filed for approval with the City Building Inspector.
2. Rear Lot Line. The lot line opposite and most distant from the front lot line is the rear lot line. The rear lot line on any irregular or triangular lot shall for the purpose of this Ordinance, be a line entirely within the lot, ten feet along and parallel to and most distant from the front lot line.
3. Side Lot Line. Any lot line not a front lot line or a rear lot line shall be termed a side lot line. A side lot line separating a lot from a street is a side street lot line. (Ord. 9826-70. Passed 12-2-70.)

"Nonconforming use" means a use of a building or land that does not agree with the provisions of this Zoning Ordinance for the district in which it is located. (Ord. 9826-70. Passed 12-2-70.)

"Public utility" means public water, light, sewer and telephone facilities. (Ord. 9826-70. Passed 12-2-70.)

"Setback line" means a line back of the street line between which street line no building or portion thereof, except as provided in this Zoning Ordinance, may be erected above the established sidewalk grade at the center of the front of the building. (Ord. 9826-70. Passed 12-2-70.)

"Street" means a public thoroughfare more than twenty feet wide, provided, however, that any existing thoroughfare less than twenty feet wide, generally known as a street at the time of the effective date of this Zoning Ordinance shall be considered a street for the purpose of this Ordinance. (Ord. 9826-70. Passed 12-2-70.)

"Yard" means an existing or required open space on the same lot with a building and lying along the adjacent lot line, open, unoccupied and unobstructed from the ground to the sky, except as otherwise provided herein.

1. Rear Yard. A space unoccupied, except by a building of accessory use as herein provided, extending for the full width of the lot, between the rear lot line and the extreme rear line of a building.
2. Side Yard. The side yard is the yard along the side line of a lot and extending from the setback line to the rear yard. (Ord. 9826-70. Passed 12-2-70.)

"Zoning Ordinance" or "Ordinance" as used herein means Ordinance 9826-70 passed December 2, 1970, as amended, which is codified as Titles One and Three of this Part Eleven - Planning and Zoning Code. (Ord. 9826-70. Passed 12-2-70.)

1. The Building Inspector shall enforce the provisions of this Zoning Ordinance. The City Engineer shall be designated the Building Inspector until such time as Council shall provide otherwise for appointment of a Building Inspector.
2. No permit shall be issued for excavation or for the construction or alteration of any building, structure or part thereof, where the use indicates that the building or use would not conform in all respects with the provisions of this Ordinance. (Ord. 9826-70. Passed 12-2-70.)

1. No vacant land and no building hereafter erected or altered shall be occupied or used in whole or in part, nor shall any owner or tenant of any land or building hereafter change the use classification or enlarge the use in any building or on any premises without a permit of occupancy and use from the Building Inspector, stating that the use of the building or premises complies with the provisions of this Zoning Ordinance.
2. Application for a permit of occupancy and use shall be made with the application for a building permit or may be directly applied for where no building permit is necessary and shall be issued or refused in writing within five days after the Building Inspector has been notified in writing that the building or premises is ready for occupancy.
3. The fee for the zoning permit shall be charged at a rate of twenty-five cents ($0.25) per square foot, with a minimum fee of twenty-five dollars ($25.00). The fee for any above ground pool shall be charged at a flat fee of $50.00. This fee is in addition to any other permit fees required under the Code. (Ord. 14-15. Passed 6-17-15.)

Each application for a building permit shall be accompanied by a plat, drawn to scale, showing the actual dimensions of the parcel of land to be built upon, the size of the building to be erected and the position of the building upon the lot if necessary to provide for the enforcement of this Zoning Ordinance. (Ord. 9826-70. Passed 12-2-70.)

Whoever violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any provision of this Zoning Ordinance, shall be fined not more than fifty dollars ($50.00). Each day such violation or failure to comply is permitted to exist after notification thereof, shall constitute a separate offense. (Ord. 9826-70. Passed 12-2-70.)

For the purpose of creating an administrative board to administer the details of the application of this Zoning Ordinance, the City Planning Commission is hereby appointed and designated as the Board of Zoning Appeals. (Ord. 9826-70. Passed 12-2-70.)

1. Any determination by the Building Inspector made in the enforcement of this Zoning Ordinance may be appealed to the Board of Zoning Appeals by any person, firm or corporation deeming himself or itself adversely affected by such decision. (Ord. 9826-70. Passed 12-2-70.)
2. The appeal must be accompanied by the payment of a fee, calculated as follows:
   1. For an issue involving property zoned for one, two or three family dwellings, a fee of one hundred fifty dollars ($150.00) for the first issue appealed, along with an additional fee of one hundred dollars ($100.00) for each additional issue appealed;
   2. For an issue involving property that is not zoned for one, two or three family dwellings, two hundred dollars ($200.00) for the first issue appealed, along with an additional fee of one hundred fifty dollars ($150.00) for each additional issue appealed. (Ord. 14-15. Passed 6-17-15.)

No action shall be taken by the Board of Zoning Appeals on any case until after public notice and public hearing. The presence of four members shall constitute a quorum and the concurring vote of the majority of such members present shall be necessary to reverse or modify any order, requirement or decision of the Building Inspector or to decide in favor of the appellant on any matter upon which the Board is required to pass or to effect any variation or interpretation of this Zoning Ordinance. (Ord. 9826-70. Passed 12-2-70.)

1. Proper notice of a hearing before the Board of Zoning Appeals shall be a legal notice published in a newspaper of general circulation in the City at least ten days before the date set for a public hearing. A written notice of the hearing shall be mailed by 1st class mail to the Appellant at the address given on the appeal application, and to directly affected property owners or their agents at least ten working days prior to the date set for such hearing. "Directly affected property owners" means all contiguous property owners and all owners of properties on the opposite site of the street and owners of property facing on the same side of the street as the applicant's property, but within 300 feet from the applicant's property lines.
2. The Board of Zoning Appeals shall have such duties and powers as are set forth in the various sections of this Zoning Ordinance. The Board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this section. It shall hear and decide all questions brought before it by appeal from the refusal, granting or revocation of permits of the Building Inspector under the provisions of this section. It shall also hear and decide all matters referred to it or upon which it is required to pass under this section. Within its powers, the Board may reverse or affirm, wholly or in part or modify the order, requirement, decision or determination as in its opinion ought to be done under the circumstances and shall have all the powers of the officer from whom the appeal is taken and it may issue or direct the issuance of a permit. (Ord. 55-94. Passed 11-16-94.)

The Board of Zoning Appeals shall have the power to permit exceptions to and variations from the regulations as follows:

1. Permit the extension of an existing building or use into a more restricted district under such conditions as will safeguard the character of the more restricted district.
2. Grant a permit in any district for a temporary building of use incidental to the development of any building or use in any such district, such permit to be issued for a period of not more than two years.
3. Grant a permit for the erection and use of public utility facilities as defined in Section 1105.11 in an R-A Residence District or in an R-B Residence District, subject to such conditions and safeguards as will protect the character of the residence district.
4. Grant a permit in an Industrial District for a building or use otherwise excluded from such district, provided such building or use is distinctly incidental and essential to the use of a building or plant with a series of buildings permitted in such district, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
5. Permit the use of a nonconforming building or portion thereof which has been vacant or unoccupied for a continuous period of one year or more than that permitted in the district in which such nonconforming building is located.
6. Issue an occupancy permit for the taking of boarders or leasing of rooms by any resident family in excess of the limitations imposed by ordinance, subject to such conditions as the Board may impose and so as to protect the character of the residence district.
7. Apply the provisions of this Zoning Ordinance in such a way as to carry out the true intent and purpose where the lot, street or alley layout on the ground differs from the layout shown on the Building Zone Map.
8. Permit the use of any lot on record at the time of the effective date of this Ordinance where, because of the size or arrangement of such lot, a practical difficulty exists in complying with the open space requirements of this Ordinance, subject to such stipulations or conditions as the Board may impose.
9. Permit in newly annexed areas a variation in the residence district requirements prior to the adoption of a zoning plan as provided in Section 1157.06. (Ord. 9826-70. Passed 12-2-70.)
10. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Ordinance, and in the case of applications for persons to conduct customary home occupation or professions in a residential district, the Board of Zoning Appeals shall have the power in a specific case to vary the application of any such profession in harmony with the general purpose and intent of this Ordinance so that the public health, safety and morals are protected and substantial justice is done. (Ord. 106-76. Passed 8-18-76.)
11. The Board may, when in its opinion the best interests of the community will be served thereby, permit temporarily or permanently, the use of land in a residence district for a parking lot where the land abuts, or is across the street from a district other than a residence district on condition that:
    1. The lot is to be used only for the parking of passenger automobiles of employees, customers, patrons or guests of the person or firm controlling and operating the lot, who shall be responsible also for its maintenance.
    2. No charge is to be made for parking on the lot.
    3. The lot is not to be used for sale, repair work or servicing of any kind.
    4. Entrances to and exits from the lot are to be so located as to do the least harm to the residence district.
    5. No advertising sign or material is to be located on the lot.
    6. Whatever setback building lines would be required on the land if used for residence purposes are to be maintained when it is used as a parking lot and all parking shall be within such lines, except as specifically authorized by the Board.
    7. Such lot may be improved with concrete or bituminous material.
12. Grant a permit for the reconstruction within twelve months of a nonconforming building or structure, substantially destroyed by fire, explosion, act of God or other public calamity, when such building is located in a district restricted against its use.
13. Grant a permit for the enlargement of existing buildings or for the erection of additional buildings on the same parcel of land for a trade, business or industry located in a district restricted against such use, where the enlargement or expansion of such trade, business or industry will not be detrimental to or tend to alter the character of the neighborhood. (Ord. 9826-70. Passed 12-2-70.)
14. EDITOR'S NOTE: Former subsection (n) was repealed by Ordinance 32-92, passed June 17, 1992.
15. Grant a variance for industrial units, as defined by Ohio statute, in an existing and partially developed subdivision where such unit conforms to the architectural, structural design, and construction integrity of such subdivision. (Ord. 14-83. Passed 3-2-83.)
16. Notwithstanding any authority granted to the Board by other provisions of this section, the Board shall not have authority to grant a variance from side yard requirements set forth in Section 1131.05(c), to allow the construction of any development project utilizing “attached” single family dwellings (including, but not limited to “condominium” projects) in R-A Residence districts. (Ord. 4-95. Passed 1-18-95.)

This Zoning Ordinance, and the maps which are parts thereof, may be amended from time to time, following the procedures outlined in this chapter. (Ord. 9826-70. Passed 12-2-70.)

Amendments to the text or maps of this Zoning Ordinance may be initiated by Council or the Planning Commission. Amendments to the Zoning Map may also be initiated by petition to Council by any owner of one or more of the parcels of land for which the amendment is proposed. A petition for amending the Zoning Map shall be made on a form supplied by the Planning Commission and shall be accompanied by the following:

1. A fee of three hundred dollars ($300.00) payable to the City of Niles.
2. A correct description and map of the area for which the amendment is requested.
3. The present and proposed zoning classification.
4. The name of the petitioner and the lot numbers of the parcels of land within the area proposed for amendment of which he is the owner. (Ord. 9826-70. Passed 12-2-70; Ord. 14-15. Passed 6-17-15.)

Upon receipt of a petition for amending the Zoning Map, Council shall have an ordinance prepared incorporating the proposed amendment. The ordinance shall then be submitted to the Planning Commission for its review, report and recommendations. (Ord. 9826-70. Passed 12-2-70.)

Upon receipt of the report and recommendations of the Planning Commission, Council shall schedule a public hearing on the proposed amendment, if it wishes to further consider the passage of the amendment. Advertisement and notice of such public hearing shall be given in accordance with statute. (Ord. 9826-70. Passed 12-2-70.)

Following the public hearing, Council may act on the amendment. If the amending ordinance was not recommended for passage by the Planning Commission, or if the amendment differs in any way from the recommendations of the Commission, it shall be passed only by a three-fourths vote of all members elected to Council. (Ord. 9826-70. Passed 12-2-70.)

1. Any lawful building, structure or use in existence on the effective date of this Zoning Ordinance may be continued although such building, structure or use does not conform to the regulations of the district in which it is located. Should a nonconforming building, structure or use be created by the subsequent rezoning of any district, such building, structure or use may also be continued although such building, structure or premises does not conform to the regulations of the district in which it is located. No nonconforming building or structure, nor any nonconforming use of a building, structure or land shall hereafter be extended or enlarged unless such extension or alteration conforms to the provisions of this Ordinance for the district in which it is located. A nonconforming use may be extended throughout a building erected for commercial or industrial purposes prior to the effective date of this Zoning Ordinance provided no structural alterations other than those required by law or ordinance are made in such building.
2. No nonconforming sign, billboard or other commercial advertising structure shall be repaired, altered or extended and any such nonconforming sign, billboard or commercial advertising structure shall be entirely and completely removed from the premises not later than three years from the effective date of this Ordinance.
   If no structural alterations are made in any building, containing a nonconforming use, such use may be changed to a use of similar classification or to a more restricted use but no building in which a nonconforming use has been changed to a more restricted use, shall again be used an any part by a less restricted use.
   Only those repairs and structural alterations required by law or ordinance may be made to any nonconforming building or structure, unless such repairs and structural alterations are made for the purpose of complying with the provisions of this Ordinance.
3. Any nonconforming building or structure which becomes damaged by fire, flood, wind or other act of God or the public enemy to the extent of not more than fifty percent of its value at the time any such calamity occurred may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction exceeds fifty percent of the value of such nonconforming building or structure, no repairs or reconstruction may be made unless every portion of such building or structure is made to conform with all the requirements of this Ordinance for the district in which it is located.
4. A nonconforming building, structure or part thereof, which is or hereafter remains vacant for a period of one year, shall not thereafter be occupied except by a use which conforms to use regulations of the district in which it is located.
   If a nonconforming use of a building, structure or land is discontinued for a period of one year, such building, structure or land shall not be again utilized except by a use which conforms to the use regulations of the district in which such building, structure or land is located.
   If a nonconforming use of a building, structure or land is discontinued for a period of one year, such building, structure or land shall not be again utilized except by a use which conforms to the use regulations of the district in which such building, structure or land is located. (Ord. 9826-70. Passed 12-2-70.)