The Village Planning and Zoning Code is adopted for the following purposes: to promote public health, safety, morals and general welfare; to conserve and protect property values by securing the most appropriate use of land; to facilitate adequate and economical provision of public improvements, including facilitating the provision of public utilities, schools, and other public requirements; to lessen or avoid congestion on public streets and highways; and to promote, orderly development of property in the Village of North Baltimore.

To regulate the location, height, bulk, size of buildings and use of buildings and other structures, including tents, cabins, and trailer coaches and regulate the percentages of lot areas which may be occupied; to establish building set back lines, sizes of yards and other open spaces, and to regulate the use of land for trade, agriculture, industry, residence, recreation or other purposes and for such purposes, divide the village into districts or zones, all as shown on the district map on file in the office of the Village of North Baltimore.

(Ord. No. 2015-57, 9-17-15)

(a)

Title. Titles One and Three of this Part Eleven—Planning and Zoning Code shall be known and cited as the "Village of North Baltimore, Ohio Zoning Ordinance of 2010" or the "Zoning Code".

(b)

Zoning Code declared to be minimum requirement. In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and the general welfare. Whenever the requirements of this Zoning Code conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards shall govern.

(c)

Severability. Should any section or provision of this Zoning Code be declared by the courts to be unconstitutional or invalid the decision shall not affect the validity of the Zoning Code as a whole, or any part thereof other than, the part so declared to be unconstitutional or invalid.

(d)

Repeal of conflicting ordinances. All ordinances or parts of ordinances in conflict with this Zoning Code or inconsistent with the provisions of this Zoning Code are hereby repealed to the extent necessary to give this Zoning Code full force and effect.

(e)

Effective date. This Zoning Code shall become effective beginning April 15, 2010.

For purposes of this Zoning Code the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)

"Accessory building or use." A building or use on the same lot with, and incidental and subordinate to, the principal building or use.

(2)

"Addition." Any construction which increases the size of a building such as a porch, attached garage or carport, or a new room. When a structure already covers the maximum amount of land permitted by the Zoning Code, construction and addition would violate the terms of this Zoning Code, unless a variance is granted by the zoning board of appeals. An addition is a form of alteration.

(3)

"Agriculture." The use of land for general farming, including farm residence and farm buildings, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry husbandry, sod farming, raising and care of horses, but not including animal processing or any manufacturing process.

(4)

"Alterations, structural." Any change in the supporting members of a building such as bearing walls, columns, beams, girders, or roof pitch.

(5)

"Amusement arcades." An establishment in which four or more arcade games are placed and independent of the primary use.

(6)

"Apartment." A room or suite of rooms in a multiple dwelling intended to be designed for use as a residence by a single family.

(7)

"Automobile sales." A lot arranged, designed, or used for the storage and display for sale of any motor vehicle, recreational vehicle or any type of trailer provided the trailer is unoccupied.

(8)

"Automotive repair." The repair, rebuilding, or reconditioning of motor vehicles, or parts thereof, including collision service, painting, and steam cleaning.

(9)

"Automotive or metal salvage and wrecking." The dismantling, storage, sale, dumping, or wrecking of used, dismantled, partially dismantled, obsolete, or used wrecked motor vehicles, mobile homes, trailers, or parts thereof. See "Junk yard."

(10)

"Awning." A roof like cover that projects from the wall of a building for the purpose of shielding from the elements.

(11)

"Basement." A story all or partly underground but having at least one-half of its height below the average level of adjoining ground. A finished basement shall be included for the purpose of residential floor area if used for dwelling purposes. See "Story."

(12)

"Billboard." See "Sign."

(13)

"Board." The board of zoning appeals of the village.

(14)

"Boarding house." A dwelling or part thereof, other than a hotel, motel, or restaurant where meals or lodging are provided for compensation for more than five and not more than 20 individuals where no cooking or dining facilities are provided in the individual rooms and where there is used only one sign not exceeding four square feet in area.

(15)

"Building." Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property.

(16)

"Building, detached." A building having no party wall in common with another building.

(17)

"Building, front line of." The line of that face or front of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps.

(18)

"Building, height of." The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.

(19)

"Building, principal or main." A building in which is conducted the main or principal use of the lot on which the building is situated.

(20)

"Business, convenience." Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise, or other objectionable influences. To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities, laundromats, hardware and grocery stores, if they are less than 10,000 square feet in total floor area and employ less than ten persons. Uses in this classification tend to serve a day-to-day need in the neighborhood.

(21)

"Business, general." Commercial uses which require locations on or near major thoroughfares or their intersections and which tend, in addition to serving day-to-day needs of the community, to supply the more durable and permanent needs of the whole community. "General business" uses include, but need not be limited to, such activities as supermarkets, department stores, discount stores, general retail sales, and similar uses.

(22)

"Business services." Any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes businesses.

(23)

"Business, wholesale." Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

(24)

"Canopy." A roof like structure of a permanent nature which projects from the wall of a building and overhangs the public right-of-way.

(25)

"Carport." A detached accessory building or portion of a principal building not completely enclosed by walls or doors for the parking or temporary storage of automobiles, travel trailers, or boats by the occupants of the premises. For the purpose of this Zoning Code, a "carport" shall be subject to all regulations of a private garage.

(26)

"Cemetery." Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of the cemetery.

(27)

"Circular drive." A tract of land that has a separate ingress and egress, extends into the street or alley, is used to conform to the requirements of "off-street parking" [1105.03(94)], is used to create a continual forward motion of vehicles from ingress to egress and is in a half circular shape.

(28)

"Clinic." An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians or dentists practicing together. The structure may contain a pharmacy which sells only prescription drugs and medicines, but may not contain a drug store.

(29)

"Club." A building or portion thereof or premises owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, primarily for the exclusive use of members and their guests, but not primarily for profit or to render a service which is customarily carried on as a business.

(30)

"Commercial entertainment facilities." Any activity conducted for a gain which is related to the entertainment field, such as motion picture theaters, nightclubs, cocktail lounges, bars, taverns, dance halls, amusement arcades, and similar entertainment activities.

(31)

"Commercial school." A specialized form of personal service dedicated to teaching arts, crafts, or other subject areas in a group setting.

(32)

"Commercial storage." A building or portion thereof used, rented, or leased out for the temporary storage of personal property.

(33)

"Commission." The planning commission of the village.

(34)

"Conditional permitted use." A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the board of zoning appeals.

(35)

"Conditional use permit." A permit issued by the zoning inspector upon approval by the board of zoning appeals to allow a use other than a principally permitted use to be established within the district.

(36)

"Condominium." See Ohio R.C. 5311.

(37)

"Conversion." Any modification or change to an existing dwelling which is intended to or actually does increase the number of dwelling or room units.

(38)

"Council." The Council of the Village of North Baltimore.

(39)

"Density." A unit of measurement; the number of dwelling units per acre of land.

(40)

"Disabled vehicle." A motor vehicle which, by condition or disrepair or accident, is unable to be moved and maneuvered under its own power, but is subject to repair. A disabled vehicle shall also include vehicles without current license plates, (registration).

(41)

"District" or "zoning district." A section or sections of the village for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, the requirements for off-street parking and the intensity of use are uniform. Boundaries of the districts are shown on the zoning district map, which is part of this Zoning Code.

(42)

"Drive-in commercial uses." Any retail commercial use providing off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, and similar uses.

(43)

"Drive-through commercial uses." Any retail commercial use providing business transactions from a stopped, but not parked, vehicle.

(44)

"Driveway." A tract of land which is used to conform to the requirements of "off-street parking" [1105.03(94)] or to gain access to a "private garage" [1105.03(61)], is perpendicular to the street or alley and does not extend in front of the "dwelling unit" portion of the primary structure in a residential area.

(45)

"Dwelling." A building or portion of a building designed for residential purposes, including single-family, two-family, and multiple dwellings, but not including hotels, motels, and boarding houses.

(46)

"Dwelling, attached." A dwelling with two or more party walls or one party wall in the case of a dwelling at the end of a group.

(47)

"Dwelling classifications."

A.

"Industrialized unit." An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and when installed, constitutes a dwelling unit, except for necessary preparations for its placement.

B.

"Multiple-family." A dwelling consisting of three or more dwelling units with varying arrangements of entrances and party walls, and designed for occupancy by families.

C.

"Single-family." A building designed and/or used exclusively for residential purposes for one family and containing not more than one dwelling unit.

D.

"Two-family." A detached or semi-detached building used for residential occupancy by two families living independently of each other.

(48)

"Dwelling, detached." A dwelling which is designed to be and is separate from any other structure or structures.

(49)

"Dwelling, semi-detached." A dwelling having a party wall in common with another dwelling but which otherwise is designed to be and is separate from any other structure or structures.

(50)

"Dwelling unit." One or more rooms, including a bathroom and complete kitchen facilities, which are arranged, designed or used as living quarters for one family or household.

(51)

"Educational institution." A public or parochial school of primary. elementary, high, or college level education including accessory uses or structures.

(52)

"Essential services." The erection, construction, alteration, or maintenance by public utilities of municipal or other governmental agencies; or underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service of public utilities of municipal or other governmental agencies or for the public health, safety, or general welfare, but not including buildings other than structures for the purpose of housing the essential services named herein.

(53)

"Evergreen." Any tree that retains its green living foliage the entire year.

(54)

"Family." One or more persons (no more than five unrelated) occupying a dwelling and living as a single dwelling unit and doing their own cooking on the premises as distinguished from a group occupying a boarding house or hotel, as herein defined.

(55)

"Fence." A structure for enclosure or screening.

(56)

"Floor area (for determining floor area ratio)." The sum of the gross horizontal area of every floor of a building measured from the exterior walls or from the center line of walls separating two buildings. The floor area shall include: elevator shafts and stairwells at each floor; floor space used for mechanical equipment except equipment located on the roof; penthouses, roofed porches, breezeways, interior balconies, and mezzanines and attics having head room of seven feet, ten inches or more; and floor area devoted to accessory uses. However, any space devoted to off-street parking shall not be counted in the floor area ratio.

(57)

"Floor area, nonresidential." The sum of the horizontal area of every floor of a specific use, excluding stairs, washrooms, elevator shafts, maintenance rooms, storage spaces, display windows, fitting rooms, and similar uses. All dimensions shall be measured between interior faces of walls for determining off-street parking requirements.

(58)

"Floor area, residential." The sum of the horizontal area of the floors of a residential building, excluding basement areas not devoted to residential uses. All dimensions shall be measured between interior faces of walls.

(59)

"Floor area ratio." The total floor area of a building or buildings on a lot, divided by the area of that zoning lot.

(60)

"Food processing." The preparation or processing of food products. Examples of activities included are bakeries, dairies, canning of fruits and vegetables, and meat packing.

(61)

"Garage, private." A detached accessory building enclosed on all sides for the parking or temporary storage of automobiles, travel trailers, or boats by the occupants of the premises.

(62)

"Garage, public." A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, trailers, and the like.

(63)

"Garage, service station." Buildings and premises where gasoline, oil, grease, batteries, tires, and motor vehicle accessories may be supplied and dispensed at retail. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of disabled vehicles, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than found in service stations. A service station is not a repair garage nor a body shop. See "Automotive repair" and "Automotive or metal salvage and wrecking."

(64)

"Home occupation." An accessory use of a dwelling or accessory building for gainful employment involving the manufacture, provision, or sale of goods or services.

(65)

"Hotel." A building containing five or more guest rooms in which lodging is provided to the public for compensation, which is open to transient guests, and distinguished from a boarding house or a bed and breakfast.

(66)

"Institution." Building or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or other correctional services.

(67)

"Junk." Means old or scrap copper, brass, rope, rags, trash, batteries, paper, rubber, lumber, pipe, used building materials, roofing; old or scrap iron, steel or other ferrous or nonferrous materials which are not held for sale for remelting purposes by an establishment having facilities for processing such materials; an inoperable, unlicensed, one which fails to display a current license plate (registration), dismantled, partly dismantled, or wrecked vehicle or motor vehicle or parts thereof.

(68)

"Junk yard." An establishment or place of business which is maintained or operated for the purpose of storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. It shall also include scrap metal processing facilities and any site, location, or premises on which are kept two or more junk motor vehicles, whether or not for a commercial purpose. See "Automotive or metal salvage and wrecking." See also Ohio R.C. 4737.05.

(69)

"Kennel." Any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained, or sold and which offers provisions for minor medical treatment.

(70)

"Land use plan." The long range plan for the desirable use of land in the village, as adopted by the planning commission; the purpose of the plan being, among other purposes, to serve as a guide in future development and zoning for the community.

(71)

"Laundromat." A business that provides professional cleaning, home-type washing, drying, or ironing machines for hire to be used by customers on the premises or operated for the benefit of retail customers who bring in and call for laundry.

(72)

"Loading space, off-street." Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.

(73)

"Lot." A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. The lot shall have frontage on an improved public or on an approved private street, and may consist of a single lot of record; a portion of a lot of record or a combination of complete lots of record.

(74)

"Lot coverage." The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.

(75)

"Lot frontage." The front of a lot shall be construed to be the portion adjacent to the street right-of-way. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "Yards."

(76)

"Lot lines."

A.

"Front lot line." The line separating the lot from the street right-of-way line.

B.

"Rear lot line." The line of the lot opposite from the front lot line.

C.

"Side lot line." Any lot line which meets the front lot line at an angle equal to or greater than 30 degrees.

(77)

"Lot measurements." A lot shall be measured as follows.

A.

"Depth." The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

B.

"Width." The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at right angles at the yard line.

(78)

"Lot, minimum area of." The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.

(79)

"Lot of record." Any lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

(80)

"Lot types." Terminology used in this Zoning Code with reference to corner lots, interior lots, and through lots is as follows.

A.

"Corner lots." A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

B.

"Interior lot." A lot with only one frontage on a street.

C.

"Reversed frontage lot." A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

D.

"Through lot." A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

(81)

"Lot, zoning." A lot, which at the time of filing for a zoning certificate, is designated by its owner or developer as the lot to be used, developed, or built upon under single ownership and meeting all requirements of chapter 1127.

(82)

"Maintenance and storage facilities." Land, buildings, and structures devoted primarily to the maintenance and storage of equipment and materials.

(83)

"Manufactured home." See chapter 1141.

(84)

"Marquee." See "Canopy."

(85)

"Manufactured home park." See chapter 1139.

(86)

"More restrictive." In reference to a nonconforming use, the changing of a use to a more conforming permitted use, thus increasing the requirements such as sideyards, and the like, or increasing the compatibility of a nonconforming use to the requirements of the district in which it is located.

(87)

"Motel." See "Hotel."

(88)

"Nonconformities." A building, structure, or use of land existing at the time of enactment of this Zoning Code, and which does not conform to the regulations of the district or zone in which it is situated.

(89)

"Nursery" or "nursing home." A home or facility for the care and treatment of babies, children, or elderly people.

(90)

"Nursery, plant material." Land, building, structure, or combination thereof for the storage, cultivation, or transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening or landscaping.

(91)

"OBBC." Ohio Basic Building Code.

(92)

"Parking facility." A tract of land which is used for the storage of motor vehicles, not accessory to any other use on the same lot and containing parking spaces rented to the general public or reserved for individuals by the hour, day, week, or month.

(93)

"Parking lot." An accessory use located on the same lot as the principal use for the storage of motor vehicles whether for free, for compensation, or as an accommodation.

(94)

"Parking space, off-street" and "off-street parking space." Shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but located totally off any street or alley right-of-way and subject to the requirements of chapter 1131.

(95)

"Person." Any person, firm, partnership or association of any kind.

(96)

"Personal service." The sale of services to the general public, such as repair services, barber or beauty shops, and similar activities

(97)

"Planned unit development." An area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a preplanned environment.

(98)

"Plant cultivation." The cultivation of crops, fruit trees, nursery stock, truck garden products, and similar plant materials outside of structures, such as greenhouses, but not including such plant cultivation as is conducted on residential properties for the primary benefit of the resident family.

(99)

"Professional activities." The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers, real estate agents, and accountants, but not including veterinarians.

(100)

"Public service facility." The erection, construction, alteration, operation, or maintenance of buildings by a public utility, by a railroad (whether publicly or privately owned), or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water, and sewage services.

(101)

"Public uses." Public parks, libraries, and administrative and cultural buildings structures.

(102)

"Recreational camp." An area of land on which two or more travel trailers, campers, tents, or other similar temporary recreational structures are accommodated with or without charge, including any building, structure or fixture of equipment that is used or intended to be used in connection with providing the accommodations.

(103)

"Recreational facility, restricted." Public or private recreational facility which requires less land than a nonrestricted facility, including, but not limited to, such activities as bowling alleys, commercial swimming pools, roller skating rinks, miniature golf courses, recreational centers, health clubs, golf or country clubs, lodge or private recreation clubs, and similar uses.

(104)

"Recreational facility, nonrestricted." Public or private recreational facility which requires and utilizes large areas of land, including, but not limited to, golf courses, riding clubs and stables, race tracks, amusement parks, country clubs, game preserves, hunting, fishing, and boating clubs and parks.

(105)

"Recreational vehicle (RV)." See chapter 1141.

(106)

"Restaurant." The sale of prepared food products to the general public. Alcoholic beverages may be sold and entertainment may occur on the premises.

(107)

"Rooming house." See "Boarding house."

(108)

"Semi-public uses." Hospitals and other institutions of an educational, religious. Charitable, philanthropic, or nonprofit nature.

(109)

"Setback line." A line established by the Zoning Code parallel with and measured from the lot line, defining the limits of a yard in which no building may be located above ground, except as may be provided in the Zoning Code.

(110)

"Sewage disposal system, individual." An on-site septic system which provides for the individual collection and disposal of sewage.

(111)

"Shrub." A low-growing woody plant with one or several perennial main stems producing branches, shoots, or multiple stems from or near the base of the plant and incapable of being pruned to provide at least six feet of clear, branchless trunk within five years of planting.

(112)

"Sign." Any device designated to inform or attract the attention of persons not on the premises on which the sign is located. See chapter 1133 for additional definitions.

(113)

"Social activities." Any building and land used for private or semiprivate club activities, including lodges, fraternities, and similar activities.

(114)

"Small engine, repair and sales." The repair and sales of new and used equipment powered by less than four cylinder engines.

(115)

"Story." That portion of a building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. See "Basement."

(116)

"Street line, right-of-way line." A dividing line between a lot, tract, or parcel of land and the area dedicated for a contiguous street including (if any exist): sidewalks; tree lawn; curb; gutters; and the paved portion of the street.

A.

"Street right-of-way." Land dedicated for public use as a contiguous street including, if any exist, sidewalks, tree lawns, curbs, gutters and the paved portion of the street.

(117)

"Structure." Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, "structures" include buildings, manufactured homes, walls, fences, swimming pools, signs, and the like.

(118)

"Supply yards." A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.

(119)

"Swimming pool." Any structure, pool, pond, or lake, portable or permanent, containing a body of water 18 inches or more in depth, intended for recreational purposes, including wading pools, but not including an ornamental reflecting pool or fish pond or similar type pool or pond, where swimming is not permitted.

(120)

"Thoroughfare." A general term denoting a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.

(121)

"Tree" or "shade tree." A tall growing woody plant with one or more perennial main stems or trunk which develops branches from the base, capable of being pruned to provide at least six feet of clear, branchless trunk below the crown within five years of planting.

(122)

"Treelawn." The unpaved portion of a street right-of-way.

(123)

"Trees, public." All shade and ornamental trees now or hereafter growing on any tree lawn or any public place.

(124)

"Turn-around." A perpendicular extension of a driveway used to park or turn vehicles around to gain access to a street or alley in a forward motion and which is not located in front of the "dwelling unit" portion of the primary structure in a residential area.

(125)

"Use." The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.

(126)

"Variance." A modification of the strict terms of the regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

(127)

"Veterinary animal hospital or clinic." A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation, or recuperation.

(128)

"Worship centers." A building where persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.

(129)

"Yards, classifications." An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure or building from the ground upward, except as otherwise provided herein. In measuring a yard for purposes of determining the width of a side yard, the depth of a front yard or rear yard, the minimum horizontal distance between the lot lines and the main building or accessory building shall be used.

A.

"Corner side yard." A side yard which faces a public street.

B.

"Front yard." A yard extending across the front between the side lot lines and being the minimum horizontal distance between the street or place line and the main building, or any projections thereof other than the projections of permitted uncovered steps, uncovered balconies, or unenclosed and uncovered porches. A corner lot shall have one front yard, one corner side yard, and two side yards.

C.

"Rear yard." A yard extending across the rear of a lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the main building or accessory building or any projections thereof other than the projections of uncovered steps, uncovered balconies, or unenclosed and uncovered porches.

D.

"Side yard." A yard between the main building or accessory building and the side line of the lot and extending from the required front yard to the required rear yard, being the minimum horizontal distance between a side lot line and the side of the main building or accessory building or any projections thereof.

(130)

"Zoning certificate." The document issued by the zoning inspector authorizing the use of land(s) or building(s).

(131)

"Zoning district map." The zoning district map or maps of the village together with all amendments subsequently adopted.

(132)

"Zoning inspector." The zoning inspector or his authorized representative of the village.

(a)

Applications generally. Applications for certificates, permits, amendments variances, appeals, and the like shall be developed by and available from the zoning inspector. Accompanying each application for a certificate, permit, and the like shall be a plot plan, drawn to a scale, and other plans as may be necessary to show the location and type of buildings to be erected, alterations to be made, or use of buildings and land.

(1)

Each plan shall show the following.

A.

The street providing access to the lot, and the exact location of the lot in relation to the nearest intersecting streets.

B.

The name of the subdivision, if any, in which the lot is located and lot number.

C.

The dimensions of the lot and the exact size and location and existing buildings on the lot, if any; and the location and dimensions of the proposed building or buildings, addition, or alteration.

D.

Any other information which in the judgment of the zoning inspector may be necessary to provide for the enforcement of this Zoning Code.

(2)

The zoning inspector may require the applicant to furnish a survey of the lot by a registered engineer or surveyor.

(3)

The applicant or authorized agent shall be required to attest to the correctness of the statements and data furnished with this application.

(b)

Applications for certificates and permits. The permits required for effective implementation of this Zoning Code shall include, but not be limited to, the following.

(1)

Zoning certificates shall be required prior to erecting, constructing, enlarging, converting, moving, adding to, or altering any building or structure. Also, a zoning certificate shall be required prior to changing or establishing a use contained within any building, structure or lot. The process for obtaining a zoning certificate is detailed in section 1107.02.

(2)

Conditional use permits are required prior to establishment of any conditional use permit identified for the individual zoning districts of chapter 1127. The process for obtaining a conditional use permit is detailed in section 1109.03.

(3)

Home occupation permits shall be required prior to the establishment of a home occupation. The process for obtaining a home occupation permit is detailed in chapter 1143.

(4)

Other permits may be established and required by the zoning inspector when necessary for the effective administration of this Zoning Code.

(c)

Other applications. So that this Zoning Code can accommodate change and also allow for appeals from decisions made by the zoning inspector and the board of zoning appeals, other applications shall be necessary. These shall include, but not be limited to, the following.

(1)

Amendments to this Zoning Code may be initiated by any resident, property owner, or authorized agent within the city. The procedure for amending this Zoning Code is detailed in chapter 1111. Obtaining an amendment to the Zoning Code does not supersede the requirements of any permit, certificate, and the like.

(2)

Appeals to the board of zoning appeals may be made from decisions or interpretations by the zoning inspector. Appeals are required to be filed within 20 working days after the zoning inspector has made a determination on the zoning certificate application. The appeal procedure is detailed in chapter 1109.

(3)

Variances from a literal interpretation of this Zoning Code may be granted by the board of zoning appeals. Variances can only be issued subsequent to a determination by the zoning inspector. The variance procedure is detailed in chapter 1109.

(d)

Nonconforming use certificate. A nonconforming use certificate shall be issued by the zoning inspector for any lawful nonconforming use created by the adoption of this Zoning Code or any amendments thereto. No fees shall be required for the issuance of this certificate.

(a)

Zoning certificate required.

(1)

No building or structure shall be erected, constructed, enlarged, converted moved, added to, or altered; nor shall any building, structure, or land be established or changed in use without a certificate therefore issued by the zoning inspector only in conformity with the provisions of this Zoning Code.

(2)

Zoning certificates issued on the basis of plans and applications approved by the zoning inspector authorize only the use and arrangement set forth in the approved plans and applications, and no other use, arrangement, or construction.

(b)

Procedure.

(1)

The zoning inspector shall, upon receipt of the completed application and material required by section 1107.01(a), review the application to insure that all pertinent information has been supplied and that the proposal complies with the requirements of this Zoning Code.

(2)

Before any zoning certificate is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the director of transportation or any land within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the zoning inspector shall give notice, by certified mail to the director of transportation that he shall not issue a zoning certificate for 120 days from the date the notice is received by the director of transportation. If he shall proceed to acquire the land needed, then the zoning inspector shall refuse to issue the zoning certificate. If the director of transportation notifies the zoning inspector that acquisition at this time is not in the public interest or upon the expiration of the 120-day period of any extension thereof agreed upon by the director of transportation and the property owner, the zoning inspector shall, if the application is in conformance with all provisions of this Zoning Code, issue the zoning certificate.

(3)

The zoning inspector shall, within 20 days after receipt of the application, approve or deny the application in conformance with the provisions of this Zoning Code. One copy of the full application shall be returned to the applicant after the zoning inspector has marked the copy either as approved or denied and attested to same by the zoning inspector's signature on the copy. If the application is denied, a reference to the section of this Zoning Code which supports the action must also be marked on the application. One copy of plans, similarly marked, shall be retained by the zoning inspector.

(4)

If the application is approved, the zoning inspector shall issue a placard to be posted immediately in a conspicuous place on the property in question, attesting to the fact that the use, construction, or alteration is in conformance with the provisions of this Zoning Code.

(c)

Zoning certificate expiration.

(1)

If the work described in any zoning certificate has not begun within one year from the date of issuance thereof the certificate shall expire. It shall be revoked by the zoning inspector, and written notice thereof shall be given to the persons affected.

(2)

If the work described in any zoning certificate has not been substantially completed within two and one-half years of the date of issuance thereof, the certificate shall expire and be revoked by the zoning inspector, and written notice thereof shall be given to the persons affected.

(3)

Further work as described in the canceled certificate shall not proceed until a new certificate has been obtained and issued.

(d)

Failure to obtain a zoning certificate. Failure to obtain a zoning certificate shall be a violation of this Zoning Code and be punishable under section 1107.99.

(e)

Use, arrangement, or construction contrary to certificate. Use, arrangement, or construction contrary to that authorized by the zoning certificate shall be deemed a violation of this Zoning Code and punishable under section 1107.99.

(a)

Appointment. The zoning inspector shall be appointed by the mayor subject to the approval of council by majority vote thereof. His duties shall be those prescribed by this Zoning Code.

(b)

Office of zoning inspector. It shall be the duty of the zoning inspector to administer and enforce this Zoning Code.

(c)

Duties of the zoning inspector. For the purposes of administering and enforcing this Zoning Code, the zoning inspector shall have the following duties.

(1)

Develop and distribute applications for all permits, certificates, appeals, amendments, and the like, which are necessary for effective administration of this Zoning Code.

(2)

Approve or deny applications for zoning certificates, and the like, upon determination of compliance with this Zoning Code.

(3)

Enter upon any premises within the village in order to conduct inspections of buildings, structures, and use of land to obtain evidence and to determine compliance with this Zoning Code.

(4)

Maintain complete and current records concerning actions taken in conjunction with this Zoning Code, including a listing of nonconforming uses.

(5)

Institute injunction, mandamus, abatement, or any other appropriate action, actions, proceedings or proceedings to prevent, enjoin, abate, or remove the unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.

(6)

Upon finding that any of the provisions of this Zoning Code are being violated, the person responsible for the violation shall be notified in writing of the violation, ordered to institute actions to correct the violation and informed of the actions to be taken by the zoning inspector.

(7)

Take any other actions or perform any such administrative duties as are authorized by this Zoning Code or which are permissible under the law to ensure compliance.

(8)

Initiate, direct, and review from time to time a study of the provisions of this Zoning Code, and make reports of his recommendations to the planning commission no less frequently than once a year.

(a)

Violation of the provisions of this Zoning Code or any amendment or supplement adopted by council or failure to comply with any of its requirements, including violations of conditions and safeguards established in various sections of this Zoning Code, shall constitute a misdemeanor. Any person who violates this Zoning Code or fails to comply with any of its requirements shall be fined not more than $150.00, and in addition shall pay all costs and expenses involved in the case.

(b)

Each day the violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains the violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violation.

(c)

Fees. The council shall, by ordinance, establish a schedule of fees for all applications for certificates, permits, appeals, variances, amendments, and other matters pertaining to the administration and enforcement of this Zoning Code. The schedule of fees shall be posted in the Office of the zoning inspector and may be altered or amended only by the council. The fee shall accompany each completed application. No action shall be taken on any application, appeal, and the like, until all applicable fees and charges have been paid in full.

(a)

Creation. There is established a board of zoning appeals which shall consist of five members to be appointed by the mayor and confirmed by a majority vote of two-thirds of all members of council. Those members first appointed shall serve for terms of one, two, three, four, and five years respectively; thereafter, appointments shall be for five-year terms, beginning January 1. Each member shall serve until a successor is appointed and qualified. Each member shall be a resident of the village. Members of the board shall be removable for nonperformance of duty, misconduct in office, or other cause, by council, after a public hearing has been held regarding the charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by certified mail, or by leaving the same at his usual place of residence. The members shall be given an opportunity to be heard and answer the charges.

(b)

Organization and procedure. The board shall organize annually to elect a chairperson and vice-chairperson. The secretary of the board shall be the zoning inspector. It shall further adopt rules for its own government not inconsistent with law or with any other ordinances of the village to carry into effect the provisions of this Zoning Code.

(1)

Meetings of the board shall be held at least monthly unless there is no business to come before the board, and at other times as the board may determine. The chairperson, or in his absence, the vice-chairperson, may administer oaths, and the board may compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the zoning inspector and shall be a public record.

(2)

Three members of the board shall constitute a quorum. The board shall act by motion, and the vote of three members of the board shall be necessary to reverse any order or determination of the zoning inspector, or to decide in favor of any applicant any matter of which the board has original jurisdiction under this Zoning Code, or to grant any variance from the requirements stipulated in this Zoning Code.

(3)

The board may call upon the various departments of the village for assistance in the performance of its duties, and it shall be the duty of departments to render such assistance to the board as may be required.

(c)

Duties. The board shall have the authority and responsibility to hear and decide the following.

(1)

Appeals from decisions made by the zoning inspector where it is alleged that there is an error in any order, requirement, decision, interpretation, or determination (see section 1109.02).

(2)

Variances from the terms of this Zoning Code as will not be contrary to public interest where, owing to special conditions, a literal enforcement of this Zoning Code will result in unnecessary hardships and so that the spirit of this Zoning Code shall be observed (see section 1109.02).

(3)

Permits for home occupations and conditional uses may be authorized where the proposal is in compliance with the criteria identified in section 1109.03 and chapter 1143 and, where applicable, as are more specifically identified throughout this Zoning Code, and where such additional conditions and safeguards can be specified as will uphold the intent of this Zoning Code.

(4)

The board has appellate jurisdiction relative to appeals and variances, and they have original jurisdiction on applications for conditional use and home occupation permits.

(d)

Duties of zoning inspector, board of zoning appeals.

(1)

It is the intent of this Zoning Code that all questions of interpretation and enforcement shall be first presented to the zoning inspector, and that these questions shall be presented to the board only on appeal from the decision of the zoning inspector.

(2)

Appeal of a decision of the board of zoning appeals is to the Common Pleas Court.

(e)

Fees. As established in section 1107.99(c), the fees shall be set by village council. The current fee schedule is available for examination in the office of the zoning inspector.

(1)

The fee is part of and accompanies the application.

(2)

Fees are not reimbursable.

(Ord. No. 10-03, 3-16-10; Ord. No. 2015-58, 9-17-15)

(a)

Appeals. An appeal to the board of zoning appeals concerning interpretation or administration of this Zoning Code may be submitted by any person aggrieved by any decision of the zoning inspector. The appeal shall be submitted within 20 working days after the decision, by filing with the zoning inspector and with the board a notice of appeal specifying the grounds upon which the appeal is being taken. The zoning inspector shall transmit to the board all papers constituting the record upon which the action appealed from was taken.

(1)

An appeal shall stay all proceedings in the furtherance of the action appealed from unless the zoning inspector shall certify to the board after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in the opinion of the zoning inspector, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by restraining order which may be granted by the board or by a court of record on application, on notice to the zoning inspector from whom the appeal is taken on due cause shown.

(2)

The board may, in conformity with the provisions of this Zoning Code, reverse or affirm, wholly or partly, or may modify the order, requirement decision, or determination appealed from, and shall make the order, requirement, decision, or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the zoning inspector from whom the appeal is taken.

(b)

Variances. The board of zoning appeals may authorize upon appeal in specific cases such variances from the terms of this Zoning Code as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of this Zoning Code would result in unnecessary hardship. No nonconforming use in the same district and no permitted or nonconforming use 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 Zoning Code would result in unnecessary hardship, and so that the spirit and purpose of this Zoning Code shall be observed and justice done. A variance from the terms of this Zoning Code shall not be granted by the board of zoning appeals unless and until a written application for a variance is submitted to the zoning inspector and the board of zoning appeals.

(1)

No variance in the provisions or requirements of this Zoning Code shall be authorized by the board of zoning appeals unless the board finds that all the following facts and conditions exist.

A.

That special conditions and circumstances 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 zoning district.

B.

That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights enjoyed by other properties in this Zoning Code.

C.

The special conditions and circumstances did 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 Zoning Code to other lands, structures, or buildings in the same zoning district.

(2)

In exercising its power, the board may, in conformity with the provisions of statutes and of this Zoning Code, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end, shall have all powers of the office from whom the appeal is taken.

(3)

In authorizing a variance, under no circumstances shall the board grant an appeal or variance to allow a use not permissible under the terms of this Zoning Code in the district involved, or any use prohibited by the terms of this Zoning Code in the district. In granting any appeal or variance, the board may attach thereto such conditions and safeguards with respect to the location, character, and other features of the proposed structure, or use as it may deem necessary in the interest of the furtherance of the purpose of this Zoning Code; and in the public interest. Violation of these conditions and safeguards, when made a part of the terms under which the appeal or variance is granted shall be deemed a violation of this Zoning Code and punishable under section 1107.99.

(c)

Appeal and variance determination procedure.

(1)

Hearing. The board shall hold a public hearing on an application for an appeal or variance within 35 working days from receipt of the application.

A.

Notice of the hearing on an application for an appeal or variance shall be given by publishing the notice in a newspaper of general circulation of the village at least ten days before the date of the hearing. Written notice of the hearing, shall be mailed by first class mail, at least ten days before the day of the hearing, to all abutting property owners. The notices shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.

B.

Upon the day for hearing application, the board may adjourn the hearing in order to permit the obtaining of additional information, or to cause further notice as it deems proper to be served upon other property owners as it decides may be substantially interested in the application. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing, unless the board so decides.

C.

Within 30 days after the public hearing, the board shall either approve, approve with supplementary conditions, or deny the request for appeal or variance.

1.

A certified copy of the board's decision shall be transmitted to all parties in interest. The decision shall be binding upon the zoning inspector and observed by the inspector, and the terms and conditions of the decision shall be incorporated in the certificate to the applicant or appellant, whenever a certificate is authorized by the board.

2.

A decision of the board shall not become final until the expiration of five days from the date the decision is made, unless the board shall find the immediate taking effect of the decision is necessary for the preservation of property or personal rights, and shall so certify on the record. Appeals of the board's decision shall be as stated in section 1109.01(d).

(d)

Resubmitting appeal or request for variance. Any appeal or variance denied by the board of zoning appeals may not be resubmitted for a period of six months unless the applicant can demonstrate to the zoning inspector and the board of zoning appeals either of the following.

(1)

That a new plan or use is proposed.

(2)

That new facts or other pertinent information has been discovered that was not presented previously.

(e)

Appeals from board of zoning appeals. Appeals from the board's decisions shall be made in the manner as specified in section 1109.01(d).

(f)

Fees. As established in section 1107.99(c), the fees for appeals and variances shall be set by the village council. The current fee schedule is available for examination in the offices of the zoning inspector.

(1)

The fee is part of and shall accompany the application.

(2)

Fees are not reimbursable.

(Ord. No. 10-03, 3-16-10)

(a)

Authority of board of zoning appeals. The board of zoning appeals shall have the authority to hear and decide in accordance with the provisions of this Zoning Code applications for conditional use permits as identified in chapter 1127. The board may also impose such additional conditions and safeguards as it deems necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this Zoning Code will be observed.

(b)

General standards for conditionally permitted uses. The board shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that the use on the proposed location:

(1)

Is a conditionally permitted use as established in chapter 1127.

(2)

Will be in accordance with the general objectives or with any specific objective of the comprehensive plan.

(3)

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

(4)

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

(5)

Will not be detrimental to property in the immediate vicinity or to the community as a whole.

(6)

Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage and schools; or that persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.

(7)

Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.

(c)

Supplementary conditions and safeguards.

(1)

In granting any conditional use, the board may prescribe appropriate conditions and safeguards with respect to location, construction, maintenance, and operation, in addition to those stipulated in this Zoning Code for the particular conditionally permitted use as the board may deem necessary for the protection of adjacent properties and the public interest.

(2)

Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Zoning Code and punishable under section 1107.99. The board may also require a guarantee or bond as it may deem to be necessary that the conditions attached are being and will be complied with.

(d)

Action by board of zoning appeals.

(1)

The board shall hold a public hearing on an application for conditional use permit within 35 working days from receipt of the application.

A.

Notice of the hearing on an application for a conditional use shall be given by publishing the notice in a newspaper of general circulation of the village at least ten days before the day of the hearing and by serving notice to all abutting property owners. The notice shall set forth the time and place of the public hearing, and the nature of the proposed conditional use.

B.

Upon the day for hearing an application, the board may adjourn the hearing in order to permit the obtaining of additional information, or to cause further notice as it deems proper to be served upon other property owners as it decides may be substantially interested in the application. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing, unless the board so decides.

(2)

Within 30 days after the public hearing, the board shall either approve, approve with supplementary conditions, or deny the request for a conditional use.

A.

A copy of the board's decision shall be transmitted to all parties in interest. The decision shall be binding upon the zoning inspector and observed by the inspector, and the terms and conditions of the decision shall be incorporated in the permit to the applicant or appellant, whenever a permit is authorized by the board.

B.

A decision of the board shall not become final until the expiration of five days from the date the decision is made, unless the board shall find that the immediate taking effect of the decision is necessary for the preservation of property or personal rights, and shall so certify on the record.

(e)

One use authorized, expiration. A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if for any reason, the conditional use shall cease.

(f)

Resubmitting conditional use permits. Any conditional use denied by the board may not be resubmitted for a period of six months unless the applicant can demonstrate to the zoning inspector and the board any of the following.

(1)

That a new plan or use is proposed.

(2)

That new facts or other pertinent information have been discovered that were not presented previously.

(g)

Appeals from board of zoning appeals. Appeals from the board's decisions shall be made in the manner as specified in section 1109.01(d).

(h)

Fees. As established in section 1107.99(c), the fees for conditional use permits shall be set by the village council. The current fee schedule is available for examination in the office of the zoning inspector.

(1)

The fee is part of and shall accompany the application.

(2)

Fees are not reimbursable.

(a)

Intent. Whenever the public necessity, convenience, general welfare, or good zoning practices require, the village council may by ordinance after receipt of recommendation thereon from the planning commission, and subject to the procedure provided by law, amend, supplement, or change the regulations, district boundaries, or classifications of property, now or hereafter established by this Zoning Code or amendments thereof. It shall be the duty of the commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the council.

(b)

Procedure for amending the zoning regulations or map.

(1)

Application.

A.

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

1.

By the filing of an application by at least one owner within the area proposed to be changed or affected by the amendment.

2.

By recommendation by the planning commission.

B.

Applications for any amendment to the zoning regulations or zoning district map are available at the office of the zoning inspector. When completed, it shall be submitted to that office. The zoning inspector shall submit the application to the village planning commission.

C.

Upon receipt of an amendment application which, if approved, would affect any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the director of transportation, or within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the zoning inspector shall give notice, by certified mail, to the director of transportation. The commission may proceed as required by law; however, the village council shall not approve the amendment for 120 days from the date the notice is received by the director of transportation.

D.

If the director of transportation notifies the village that the state shall proceed to acquire the land needed, then the village shall refuse to approve the rezoning. If the director of transportation notifies the village that acquisition at this time is not in the public interest or upon the expiration of the 120-day period of any extension thereof agreed upon by the director of transportation and the property owner, the village council shall proceed as required by law.

(2)

Planning commission action.

A.

Within 60 days from the receipt of the proposed amendment at the first regularly schedule planning commission meeting, the planning commission shall transmit its recommendation to village council. The planning commission may recommend that the amendment be granted as requested, or it may recommend modification of the amendment request, or it may recommend that the amendment be denied.

(3)

Village council action.

A.

After receiving from the commission the certification of the recommendations on the proposed amendment, and before adoption of the amendment, the council shall schedule a public hearing. Notice of the public hearing shall be given by council by at least one publication in a newspaper of general circulation in the village. The notice shall be published at least 30 days before the date of the required hearing. The notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

B.

If the proposed amendment intends to rezone or redistrict 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 prior to the date of hearing to the owners of all properties within, contiguous to, and directly across the street from the area proposed to be rezoned or redistricted to the address of the owners appearing on the county auditor's current list or lists that may be specified by village council. The failure to notify as provided in this section shall not invalidate any action adopted hereunder. The notice shall contain the same information as required of notices published in the newspaper.

C.

Within 30 days after the public hearing required by division (b)(3)A. above, the village council shall either adopt or deny the recommendation of the planning commission or adopt some modification thereof. In the event the council denies or modifies the recommendation of the planning commission, it must do so by not less than three-fourths of the full membership of village council. No ordinance, measure, or regulation which is in accordance with the recommendations, plan, or report submitted by the commission, shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to the council. That the ordinance may become emergency legislation if three-fourths of the members of village council vote to dispense with the requirement for three different readings.

(c)

Annexation. All land annexed to the village subsequent to the adoption of this Zoning Code shall remain subject to the previous county or township zoning district until such time as the official zoning map of the village is amended according to the provisions of this Zoning Code. All land annexed to the village which, prior to annexation, is not subject to county or township zoning shall remain unzoned until the official zoning map is amended according to the provisions of this Zoning Code. After the effective date of an annexation, the zoning inspector shall recommend to the planning commission the zoning classification that most closely matches the township classification(s) prior to annexation. The planning commission shall review the report and, at the next regular meeting, recommend zoning classification(s) to council.

(d)

Fees. As established in section 1107.99(c), the fees for this procedure shall be set by the village council. The current fee schedule is available for examination in the office of the zoning inspector.

(1)

The fee is part of and shall accompany the application.

(2)

Fees are not reimbursable.

(Ord. No. 10-03, 3-16-10; Ord. No. 2015-60, 9-17-15)