North Perry City Zoning Code
TITLE ONE
Planning and Zoning Administration
1101.01 TITLE.
This Planning and Zoning Code includes standards and procedures for planning, subdividing, and developing land within the Village. This Code combines the subdivision and zoning rules, regulations, and standards into one unified set of land development regulations. These rules, regulations, procedures and accompanying maps shall be known and cited as the North Perry Village Planning and Zoning Code, and may be referred to as the Planning and Zoning Code. (Ord. 19-10. Passed 11-7-19.)
1101.02 AUTHORITY AND SCOPE.
(a) This Planning and Zoning Code is adopted by the Village pursuant to its authority under the Ohio Constitution and the Ohio R.C. Chapter 713. Nothing in this Planning and Zoning Code shall be construed to limit the Village Council in the exercise of all of the powers to zone or redistrict now or hereafter as authorized by the Ohio Constitution or the Ohio Revised Code.
(b) The statutory provisions of Ohio R.C. 711.09 et seq., prescribe certain mandatory requirements and penalties concerning the platting of land in the State of Ohio; and in addition, authorize and enable municipal corporations through the Planning Commission and Village Council to adopt and enforce local rules and standards for the control and guidance of platting and installation of improvements precedent to the mandatory recording of the plat in the office of the County Recorder.
(Ord. 19-10. Passed 11-7-19.)
1101.03 APPLICABILITY.
The provisions of this Planning and Zoning Code shall apply to all buildings, structures, lands, uses and subdivisions located within the Village of North Perry, Lake County, Ohio.
(Ord. 19-10. Passed 11-7-19.)
1101.04 PURPOSE.
The purposes for which the North Perry Village Planning and Zoning Code is adopted are to:
(a) Establish zoning regulations that promote public health, safety, morals, comfort and general welfare; protect the character and values of the residential, business, service, industrial, agricultural, institutional and public uses and assure their orderly and beneficial development by regulating and limiting the use of land, areas and buildings, and the area and dimensions of land, yards, setbacks, and open spaces; improve the public safety and lessen congestion by locating structures and uses in relation to streets so as to facilitate traffic movement; provide for the North Perry Village Planning and Zoning Code Update Chapter 1101 Title, Purpose and General Provisions economical and best use of public facilities and utilities, such as future water supply and distribution systems, and sewage collection and disposal systems; and encourage the most appropriate uses of land and guide the future development of North Perry Village, all in accordance with a comprehensive plan.
(b) Establish subdivision regulations to guide and regulate the planning, subdividing and development of land in order to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare of the Village; to provide for the orderly development of land to obtain harmonious neighborhoods, the prevention of pollution of air and water; to preserve the natural beauty, streams, natural habitat, and topography of the Village and to ensure appropriate development with regard to these natural features, to provide safe and convenient vehicular and pedestrian circulation and access to firefighting apparatus and police vehicles; adequate and economical provisions for utilities and public services to conserve public funds; to provide for ample public open spaces through efficient design and layout of the land for parks, recreational and other public purposes;
accurate surveying of land, preparing and recording of plats; discouraging of premature, uneconomical or scattered subdivisions; coordination of land development in accordance with the North Perry Village Zoning Code, Comprehensive Plan, Thoroughfare Plan, Stormwater Management Plan, Standards for Construction - Details and Specifications, Gas Well and Transmission maps, and other plans and specifications of the Village.
(Ord. 19-10. Passed 11-7-19.)
1101.05 USE OF LAND AND BUILDINGS.
(a) Uses not specifically listed as a principal use permitted by right, conditionally permitted or accessory use in a district are not permitted in that zoning district.
(b) No more than one principal building shall be located on any zoning lot in an R-1 Residential District. (Ord. 19-10. Passed 11-7-19.)
1101.06 COMPLIANCE WITH REGULATIONS.
(a) No structure shall be located, erected, constructed, reconstructed, moved, converted, or enlarged; nor shall any structure or land be used or be designed to be used, nor shall any land shall be subdivided within the limits of the Village except in full compliance with all the provisions of this Planning and Zoning Code and, when required, after the lawful issuance of the
certificates(s) or permit(s) required by this Planning and Zoning Code.
(b) Existing lots, buildings, structures and uses of land that do not comply with the regulations of this Planning and Zoning Code are subject to the regulations set forth in Chapter 1145, Nonconforming Uses, Lots, and Structures.
(c) No lot, setback, parking area, open space, or other space shall be reduced in area or dimensions so as to make such area or dimension less than the minimum required by this Planning and Zoning Code.
(d) No part of a setback, parking area, open space or other space provided about or for any building or structure for the purpose of complying with the provisions of this Code shall be included as part of a required setback, parking area, or other space required under this Code for another building or structure.
(e) No principal building shall be erected in any district unless the lot upon which the same is situated shall front upon a duly dedicated road or street.
(f) In computing lot areas, no portion of the street right of way shall be included, regardless of whether or not the owner holds title to the same.
(g) No person shall subdivide by deed, plat, plan, instrument of conveyance or otherwise, any tract of land within the Village except in conformity with the provisions of these Subdivision Rules and with the provisions of the Zoning Code of the Village.
(h) No excavation of land or construction of any public or private improvements shall take place or be commenced until the final plat is fully accepted by the Village Council of the Village which may include a public hearing, and it is in conformity with these Subdivision Rules and other applicable plans, specifications, regulations and codes of the Village.
(i) No zoning permit, building permit or certificate of occupancy shall be issued for any parcel or plan or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these Subdivision Rules.
(j) No lot or land shall be sold from any plat until such plat has been approved as herein required. (Ord. 19-10. Passed 11-7-19.)
1101.07 RULES OF INTERPRETATION.
(a) Unless specifically noted otherwise, in interpreting and applying the provisions of this Planning and Zoning Code, these provisions shall be considered the minimum requirements necessary for the promotion of the public health, safety, and general welfare. They shall be liberally construed to further the purposes and objectives set forth herein and the purposes and intent of each district as set forth in each district section.
(b) This Planning and Zoning Code contains graphic representations in order to assist the reader in understanding and applying the Code. However, to the extent that there is any inconsistency between the text of the Planning and Zoning Code and any such graphic, the text controls unless otherwise provided in the specific section.
(c) In cases where this Planning and Zoning Code imposes a greater restriction upon the use of buildings or land or upon the height and/or bulk of buildings, or requires larger lot area, yards, setbacks, or other open spaces than are imposed or required by such other laws or ordinances, or by such rules and regulations, the provisions of this Planning and Zoning Code shall govern. Conversely, other regulations shall govern where they are more restrictive in nature than this Code.
(d) For subdivisions, in their interpretation and application, the provisions of this Planning and Zoning Code shall be held to be the minimum requirements adopted for the promotion of public health, safety and general welfare of the people and the Village. These Rules are not intended to repeal abrogate annul or in any manner interfere with any existing laws, covenants or rules in effect.
Should these Rules impose a greater restriction than is provided by existing laws, covenants, standards, references, plans or rules, the provisions of these Subdivision Rules shall prevail.
(e) If the provisions of this Planning and Zoning Code are inconsistent with one another, the more restrictive provision shall control.
(Ord. 19-10. Passed 11-7-19.)
1101.08 SEPARABILITY.
If any article, section, subsection, paragraph, sentence or phrase of this Planning and Zoning Code is for any reason declared unconstitutional, void or ineffective by a court of competent jurisdiction, such decision shall not affect the validity of the Planning and Zoning Code as a whole, or any part thereof other than the part so declared to be unconstitutional.
(Ord. 19-10. Passed 11-7-19.)
1101.09 REPEAL AND EFFECTIVE DATE.
(a) Part Eleven - Planning and Zoning Code of the Village of North Perry, Ohio, adopted February 2, 1994 and as subsequently amended together with the Zoning Map, is hereby superseded and amended to read as set forth in this Part Eleven - Planning and Zoning Code update, dated November 7, 2019.
(b) The Planning and Zoning Code shall become effective from and after the date of its approval and adoption, as provided by law.
(Ord. 19-10. Passed 11-7-19.)
1103.01 WORD USAGE.
For the purposes of this Planning and Zoning Code, the following rules of word use apply:
(a) Interpretation of Common Words.
(1) The word “lot” includes the words plot and parcel.
(2) The word “person” includes a firm, association, organization, partnership, trust, company, corporation, or any other legal entity including its agents as well as an individual.
(3) The word “shall” signifies a mandatory requirement, one that is not discretionary; the word “may” signifies a permissive or discretionary requirement; and the word “should” is a preferred requirement.
(4) The words “used” and “occupied” include the words arranged, designed, constructed, altered, or intended to be used.
(5) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular, unless the context clearly indicates the contrary.
(6) Whenever a number of days are specified, days shall mean calendar days unless specifically noted otherwise.
(7) All distances are horizontal measurements unless otherwise specified.
(b) Conflict between text and visual depiction. In the case of a discrepancy in meaning or implication between the text of this Code and any illustration or caption, the text shall control.
(c) Interpretation of Labels Pertaining to North Perry.
(1) “Village” shall mean the Village of North Perry, Ohio.
(2) “Council” shall mean the Village Council of North Perry.
(3) “Commission” shall mean the Village of North Perry Planning Commission.
(4) “Board” shall mean the Village of North Perry Board of Zoning Appeals.
(5) “County” shall mean Lake County, Ohio.
(6) “Village Engineer” shall mean the engineer of the Village of North Perry.
(7) “Zoning Inspector” shall mean the zoning inspector of the Village of North Perry.
(8) The words Planning and Zoning Code or this Code encompass both the Zoning Code and the Subdivision Regulations of the Village of North Perry and includes all ordinances amending, explaining or supplementing the same. (Ord. 19-10. Passed 11-7-19.)
1103.02 DEFINITIONS.
Words used in this Planning and Zoning Code are used in their ordinary English usage. Certain words and phrases used in the Planning and Zoning Code shall be further defined have the meaning herein indicated:
(1) “Abandon” means a failure to use or occupy a building, use, structure or motor vehicle for a period of time.
(2) “Access connection” means a private roadway used to permit access to and use of an otherwise inaccessible parcel after crossing another parcel by means of an easement. Access drives do not constitute legal frontage.
(3) “Access drive” means any connection to a street that permits access to or from street by vehicles, cars, trucks, buses, bicycles, pedestrians or motorcycles, for the purpose of accessing the street.
(4) “Accessory Building” means a subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is customarily incidental to the principal building or use and which is constructed subsequent to the principal building or principal use of the land, such as but not limited to a detached garage, storage shed, etc.
(5) “Accessory Use” means a use located on the same zoning lot with the principal or main use of a building, other structure or land, but incidental to the main building or land use.
(6) “Adult Family Homes” means a residence or facility, as defined and regulated in in Chapter 5119.70 of the Ohio Revised Code, which provides accommodations for three to five unrelated adults and provides supervision and personal care services to at least three of the unrelated adults.
(7) “Agricultural building” means any building (other than a dwelling) located on the same lot with and accessory to an agricultural use and used solely in connection with such agricultural operations.
(8) “Agriculture” means any agricultural use such as and including, but not limited to, farming, dairying, pasturage, animal and poultry husbandry, growing crops, horticulture, floriculture, viticulture and greenhouses, but excluding kennels, stockyards, and slaughter houses.
(9) “Appeal” means a request to review a decision of or interpretation by the Zoning Inspector or other authorized body relative to the administration of this Planning and Zoning Code.
(10) “Applicant” means the owner of the land proposed for application of a zoning permit or to be subdivided, or his representative. The authority of the representative shall be established to the satisfaction of the Planning Commission. Consent to subdivide shall be required from the legal owner of the premises.
(11) “Application” means a formal submission by an applicant to obtain permits or approval pursuant to this Planning and Zoning Code and in such form and containing complete information, plans and specifications required by this Title and as may be required by this code.
(12) “Assembly Hall, Meeting Place” means an establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduations parties and business or retirement functions. This term includes, but is not limited to, a banquet hall or rental hall.
(13) “Association, homeowners” means an association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner or a portion of a subdivision - be it a lot, parcel site, unit plot, condominium, or any other interest - is automatically a member as a condition of ownership and each such member is subject to a charge or assessment for a prorated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.
(14) “Attic” means that part of a building next below the roof, but above the ceiling of the uppermost story, not used as living area.
(15) “Automotive repair” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(16) “Automotive sales” means the sale or rental of new or used vehicles or trailers.
(17) “Automotive salvage” means the dismantling, storage, sale, or dumping of used motor vehicles, trailers or parts thereof.
(18) “Barn” means an accessory agricultural building for the storage or shelter of farm animals, poultry, agricultural products, machinery and vehicles used in farming conducted on the premises. See also agricultural building.
(19) “Basement or cellar” means that portion of a building between floor and ceiling which is wholly or partly below grade and having more than one-half (1/2) of its height below grade and not used as a living area.
(20) “Bed and breakfast” means a single-family dwelling which is a principal residence occupied by the owner that offers sleeping accommodations in four or fewer rooms as transient lodging and one meal are provided for compensation.
(21) “Billboard” means an off-premise sign.
(22) “Block” means all that part of one side of a street which is between two intersecting streets, and a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, rights-of-way, shorelines, waterways, or boundary lines.
(23) “Boarding house” means a private residence that provides accommodations and meals for compensation to individuals for more than thirty (30) consecutive days.
(24) “Boat” includes all watercraft which are required to be registered by the State of Ohio and their trailers.
(25) “Bond” means any form of surety bond in an amount and form satisfactory to the Village Council and the Village Solicitor.
(26) “Buffer” means a naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a subdivision application which is landscaped and maintained as an open space or conservation area in order to eliminate or minimize conflicts between such development and adjacent uses.
(27) “Building” means any structure, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind.
(28) “Building, accessory” (See Accessory Building.)
(29) “Building, front line of” means the line of that face or front of the building nearest the front line of the lot. This face includes sun parlors, bay windows and covered porches and projections thereof, whether enclosed or unenclosed, but does not include steps or roof overhangs.
(30) “Building line” means establishing a line the width of the lot, parallel with the frontage, at the nearest point of the principal building.
(31) “Building, multi-level” means any building which has more than one level separated by a complete story for family occupancy above grade level.
(32) “Building, one level” means any building which has only one level for family occupancy above grade level.
(33) “Building, principal” means a building in which is conducted the main or principal use of the lot on which said building is situated.
(34) “Building, split-level, bi-level, or tri-level” means any building which uses levels for family occupancy not separated by a complete story in vertical elevation.
(35) “Building, type” means the designation of a building as a one-level, multi-level, split-level, bi-level or trilevel structure.
(36) “Bulk” means the size of a building or structure and the location of same with respect to one another, and including the height and area of buildings.
(37) “Business” means an occupation, employment, or enterprise which occupies time, attention, labor and materials, wherein merchandise is exhibited or sold, or where services are offered or provided.
(38) “Business services (business activity)” means 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 or businesses.
(39) “Carport”. A completely covered automobile parking space not completely enclosed by walls or doors.
(40) “Cemetery” means the land used or intended to be used for the burial of human or animal dead.
(41) “Child Day Care” means the administrating to the needs of infants, toddlers, pre- school children and school children outside of school hours by persons other than parents or guardians, custodians or relatives by blood, marriage or adoption or any part of the 24-hour day, in place or residence other than a child’s home.
(42) “Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and treatment.
(43) “Club” means a building or portion thereof or premises owned or operated by a corporation, association, person, or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
(44) “Commercial Recreation, Indoor” means a facility primarily used for the indoor conduct of, or participation in, recreational activities, and secondarily for the viewing of such activities. This term includes, but is not limited to, an indoor driving range, volleyball court, bowling alley, ice or roller skating rink, billiard hall, video game center, archery or shooting range, soccer field or basketball court.
(45) “Commercial Recreation, Outdoor” means any outdoor commercial activity that is related to the sports industry such as outdoor commercial swimming pools, miniature golf, golf courses, driving ranges, archery or shooting range, soccer field, volleyball court, basketball court and similar activities.
(46) “Common ownership” means ownership by the same person, corporation, limited liability company, firm, entity, partnership, or unincorporated association; or ownership by different corporations, limited liability companies, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, limited liability company, firm, partnership, entity, or unincorporated association.
(47) “Comprehensive Plan” means the plan adopted by the North Perry Village Council, or any part, amendment, supplement or replacement thereof, which establishes goals, objectives and policies of the Village and shows the general location and extent of present and proposed physical facilities including residential, commercial and industrial uses, streets, parks, recreational areas, conservation areas and schools.
(48) “Conditional Use” means an uncommon, unique or infrequent use which shall not be permitted by right but may be permitted in certain districts under specific conditions after the issuance of a conditional use permit by the Planning Commission after making a determination for conformance with the procedures and standards established in this Planning and Zoning Code.
(49) “Conditional use zoning permit” means a permit granted by the Planning Commission and thereafter issued by the Zoning Inspector for the use of land, buildings, and other structures not otherwise permitted in any zoning district under conditions and stipulations set forth in this Planning and Zoning Code.
(50) “Congregate living facility” means a facility designed to give personal or intermediate care to the elderly. This facility is not necessarily a state licensed facility but provides the following: living quarters, meals, limited health care, housekeeping, laundry service, recreation and limited supervision.
(51) “Construction drawings” means an engineered drawing to scale showing the general exterior and interior design and dimensions and architectural features of a structure, including below ground foundations and support members.
(52) “Construction Equipment” means Equipment usually associated with the building trades for construction of all structures.
(53) “Construction plans” means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision.
(54) “Conveyance” means a warranty deed, quit-claim deed or any other legal document intended to transfer title of a parcel of real property from one person, corporation or legal entity to another.
(55) “Corner lot” means a lot located at the intersection of two or more streets, or a lot located on a distinct curve in a road which has at least 45 degrees of curvature.
(56) “Council” means the Council of the Village of North Perry, Ohio.
(57) “Crematory facility” means a facility at which a cremation chamber is located and the cremation process takes place. It does not include an infectious waste incarceration facility or a solid waste incineration facility.
(58) “Cul -de-sac” (See Street, cul-de-sac.)
(59) “Development Plan” means a plan prepared to scale accurately showing, with complete dimensions, the boundaries of the site, the location of buildings, exterior lighting, landscaping, vehicular use areas, access drives, signs, outdoor storage areas, and any other features that comprise a proposed development that are further defined in Chapter 1107 and which demonstrate a development’s compliance with this code.
(60) “District” means any portion of the Village for which zoning regulations govern the use of buildings and premises and the height and size of buildings or structures located thereon.
(61) “Driveway” means a vehicular travel way used to provide access from a street to dwelling units; retail, commercial or industrial activities; and other uses including community facilities.
(62) “Dwelling, Single-family” means a detached dwelling designed for and to be occupied exclusively by one family which has the main entrance to its living quarters at ground level.
(63) “Dwelling” means any building or portion thereof, excepting basements or cellars, which is designed for or used for residential purposes. A basement or cellar of an incomplete building shall not be a dwelling. Any building or structure (excepting mobile homes, coach or house trailer, and any recreational vehicle) wholly or partly used or intended to be used for human habitation, including permanently sited manufactured homes is a dwelling.
(64) “Dwelling Unit” means one or more rooms comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one (1) family.
(65) “Easement” means written authorization by a property owner for the use by another person of a designated part of such owner's property for a specified purpose.
(66) “Emergency care center” means a facility which provides diagnostic, minor surgical, therapeutic or other medical care and treatment on an out-patient basis
(67) “Essential services” means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, 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 by such public utilities or municipal or other governmental agencies or for the public health, safety and welfare, but not including buildings other than structures for the purpose of housing the essential services named herein.
(68) “Family” means one individual, any number of individuals related by blood, adoption or marriage plus no more than two (2) unrelated individuals, or not more than four (4) unrelated individuals occupying a single dwelling unit, and living as a single housekeeping unit, but not including groups occupying a hotel or motel as herein defined.
(69) “Family Day Care Home, Type B” means s permanent residence in which child day care is provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at one time. In counting children for the purposes of this Planning and Zoning Code, any children under six (6) years of age who are related to the provider and who are on the premises of the type B home shall be counted.
(70) “Fence” means steel, chain, mesh, wood, plastic, or vegetative barrier or divider.
(71) “Final plat” means the final map, drawing or chart on which the subdivider's plat of the subdivision is presented to the Planning Commission for approval and subsequent recording by the County Recorder and which complies with Chapter 711 of the Ohio Revised Code.
(72) “Financial institution” means banks, savings and loan associations, mortgage companies, credit unions and small loan companies.
(73) “Finished grade” means the mean elevation of the finished surface of the ground adjoining the building or structure within a distance of ten feet of the foundation wall.
(74) “Flag Lot” means a parcel of land that is generally situated behind a lot or lots fronting on a street or roadway, where the parcel of land does not have the required road frontage as per these regulations, but does maintain road frontage along the width of the access strip and is only accessible from the road over an access strip that is owned in fee simple.
(75) “Flag Lot Access Strip” means the portion of a flag lot that provides direct access to the public street, often referred to as the flagpole or stem because of its narrow shape.
(76) “Fleet vehicle” means a group of cars, trucks, vans, and/or other vehicles, including motorized equipment, owned or leased by a business, government agency or other organization, and which is used as part of the entity’s operations, but not including a privately owned customer or employee vehicle.
(77) “Flood plain” means that land, including floodway and floodway fringe, subject to inundation by a periodic flood.
(78) “Floor area” means the sum of the gross horizontal area of the several floors or levels of a dwelling normally used for family occupancy, excluding basements, workshops, garages, terraces, breezeways, carports, decks, attics, porches, business service area and clubs. Floor area for nonresidential buildings shall mean the gross horizontal area, measured from the exterior faces of a structure, and excluding any area utilized as a dwelling.
(79) “Frontage, street” means of width of contiguous land between property lines abutting upon a dedicated and accepted road or right-of-way. On a corner lot, the frontage is measured along the road or right-of-way that is nearest the direction the primary building faces.
(80) “Full Access Drive” means an entrance/exit allowing complete use of all possible turning movements.
(81) “Funeral home” means a building or part thereof used for human funeral services, and which may contain space and facilities for:
A. Embalming and the performance of other services used in preparation of the dead for burial;
B. The performance of autopsies and other surgical procedures;
C. The storage of caskets, funeral urns, and other related funeral supplies;
D. The storage of funeral vehicles; and
E. A funeral chapel. A funeral home does not include a crematory facility.
(82) “Funeral service” means providing services associated with a funeral home.
(83) “Garage, private” means a detached accessory building, or attached portion of a principal building or dwelling for use as a storage area of vehicles and/or as a storage or work area or hobby area for accessories, equipment, tools and hobby activities.
(84) “Garage, public” means a building or portion thereof, other than a private or storage garage designed or used for the business of equipping, servicing, repairing, hiring, selling or storing vehicles, recreation vehicles, motor-driven vehicles, watercraft, trailers, and accessories.
(85) “Garage, storage, or parking” means a building or portion thereof designed or used exclusively by prearrangement for term storage of trailers and vehicles, as distinguished from daily storage furnished transients and within which motor fuels and oils may be sold but no trailers and vehicles are equipped, repaired, hired or sold.
(86) “Gasoline filling station, service station” means any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work, such as motor replacement, body and fender repair or spray painting.
(87) “Grade finished” means the elevation of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping and all other improvements.
(88) “Grade, natural” means the elevation of the natural, undisturbed surface of the land.
(89) “Grade, street” means the center line elevations and gradient of the proposed street.
(90) “Grading” means the excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
(91) “Height, building” means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the coping in the case of a flat roof, and to the mean height between the eaves and ridge in the case of a pitched roof.
(92) “Height, structure other than a building” means the vertical distance measured from the finished grade to the highest point of the structure.
(93) “Heavy Manufacturing” means manufacturing, processing, assembling, storing, testing, and similar industrial uses which are major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and which generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.
(94) “Home occupation” means any use customarily conducted in a dwelling, basement and/or private garage and carried on by the inhabitants thereof and no more than two employees who are not occupants of such dwelling as their permanent residence, which use is clearly incidental and secondary to the primary use for dwelling purposes and does not change the character thereof.
(95) “Hotel (motel)” means a building or part thereof, containing ten or more guest rooms where lodging is provided and offered to the public for compensation on a daily rate and which is open to occupancy for periods of less than thirty (30) days.
(96) “Indoor entertainment facility” means any facility that provides activity conducted indoors for gain which is generally related to the entertainment field, such as motion picture theaters, musical performances, dancing, and related uses. This term does not include adult entertainment uses.
(97) “Industrial assembly” means the business of fitting together of manufactured parts into a marketed product where there are no polluting by-products.
(98) “Industrial by-product” means something produced in addition to the principal or intended product.
(99) “Industrial fabrication” means the business of forming, shaping, or constructing manufactured parts into an item where by-products are limited to sections or dropoff/cuttings from the item.
(100) “Institution” means a building occupied by a non-profit corporation or a non-profit establishment for public use.
(101) “Junk” means dismantled or wrecked automobiles or parts thereof, or inoperable vehicles old or scrap copper, brass, rope, rags, batteries, paper, rubber, iron or steel and other scrap.
(102) “Junk yard” means any building and/or open space where waste or discarded materials are stored, processed or sold.
(103) “Kennel” means any lot or premises on which four (4) or more domesticated animals of more than four (4) months of age are housed, groomed, bred, boarded, trained or sold and which may offer provisions for minor medical treatment.
(104) “Lake” means a body of water artificially formed by either excavation or by holding water behind a dam with a surface area greater than one (1) acre.
(105) “Landscaping” means the aesthetic improvement of property through the installation of plant materials, berming, walls and fences, and other decorative features, composed mostly of green/living vegetation.
(106) “Laundromat” means an establishment providing home-type washing, drying or ironing machines for hire to be used by customers on the premises.
(107) “Level” means any floor of a building other than a basement, all of which lies in the same horizontal plane throughout.
(108) “Loading space (loading dock)” means a space within the main building or on the same lot therewith providing for the standing, loading or unloading of trucks. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
(109) “Lot” means, for purposes of these regulations, 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. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record; or
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(110) “Lot line adjustment” means the movement or relocation of one property line between two or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel and where a greater or lesser number of parcels than originally existed are not thereby created.
(111) “Lot line” means the boundary of a lot that separates it from adjoining lots, public land, private land, common, public, or private open space, and public or private roads.
(112) “Lot” means a tract, plot, or parcel of land of sufficient size to meet minimum zoning requirements for use.
(113) “Lot of record” means a lot under one ownership shown as a separate unit on the last preceding tax roll of the Lake County, and either as a separate lot on a subdivision plat recorded in the office of the County Recorder or a lot described by metes and bounds on a deed or instrument of conveyance, the description of which has been so recorded.
(114) “Lot pins (boundary markers)” means points identified and set in place by a registered surveyor to define a written description of property boundaries.
(115) “Lot split” (See Minor Subdivision.)
(116) “Lot width” means the width of a lot at the building setback line measured at right angles to its depth.
(117) “Lot , corner” means a parcel of land or plot abutting upon two (2) or more streets at their intersection.
(118) “Lot, double frontage” means a parcel of land or plot having a frontage on two (2) intersecting or nonintersecting streets as distinguished from a corner lot.
(119) “Lot, minimum size or minimum area” means the area of a lot computed exclusive of any portion of the right of way of any public thoroughfare.
(120) “Maintenance or Repair” means maintenance or repair to correct any decay, deterioration, or damage to an architectural feature and to return the feature to its condition prior to such decay, deterioration, or damage. Maintenance or repair that changes the material or design of an external architectural feature is an alteration as defined above. Repainting a painted surface is ordinary maintenance and neither the act nor the colors are subject to review.
(121) “Manufactured home” means a building unit or assembly of closed construction that is fabricated in an offsite facility and constructed in conformance with the Federal Construction and Safety Standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, 88 Stat. 700, 42 U.S.C.A. 5401, 5403 and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable Federal construction and safety standards.
(122) “Mobile home” means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five (35) body feet in length or, when erected on site, is three hundred and twenty (320) or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a Manufactured Home as defined in this Zoning Code.
(123) “Model home” means a dwelling unit constructed within a new subdivision used initially for display purposes, which typifies the type of units that will be constructed in the subdivision and which will not be occupied as a residence during its use as a model.
(124) “Modification” means a waiver to the strict terms of the Subdivision Regulations granted by the Planning Commission in their review of a proposed major subdivision.
(125) “Motor vehicle” means any vehicle that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires.
(126) “Non-commercial recreational facility” means private and semi-public recreational facilities which are not operated for profit.
(127) “Nonconforming building” means any structure, lawfully designed and constructed prior to the enactment of this Planning and Zoning Code or any amendment hereto, which does not now comply with all of the regulations of this Planning and Zoning Code or of any amendment hereto governing bulk for the zoning district in which such structure is located.
(128) “Nonconforming lot” means a lot existing lawfully at the time Ordinance No. 1953-1, or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located.
(129) “Nonconforming use means the use of a building or land existing lawfully at the time Ordinance No. 1953-1, or an amendment thereto became effective but which does not conform to the main or accessory use regulations of the district in which it is located.
(130) “Notice of non-compliance” means a notice issued by the Zoning Inspector acting as the administrative assistant to the Planning Commission informing the applicant for approval of a subdivision that a required Plat or Plan is not in compliance with the regulations and that the applicant may not apply for preliminary Plat approval.
(131) “Noxious Matter” means any matter or material which is capable of causing injury or illness to living organisms, or is capable of causing detrimental effects to the health or the psychological, social, or economic well-being of humans.
(132) “Odorous Matter” means any matter or material that yields an odor which is offensive in any way.
(133) “Office Use” means a place of employment generally characterized by white collar workers utilizing desks, communication equipment and desk top publishing equipment to perform services such as legal, insurance, architecture, CPA, and other occupations generally not warranting a high pedestrian traffic.
(134) “Off-street parking space” means any parking space located wholly off any street, alley or sidewalk, either in an enclosed building or on an open lot.
(135) “Open Space” means that portion of a lot or tract not covered by an impervious surface.
(136) “Outdoor Dining” means dining out of doors as an accessory use to an indoor restaurant.
(137) “Outdoor Storage” means the storage of goods, materials, merchandise or vehicles in an area outside of a building or structure in the same place for more than 24 hours.
(138) “Overhang” means that portion of a building which horizontally extends beyond the building walls of the first story of such building.
(139) “Owner” means the record owners of the fee or a vendee in possession, including any person, group of persons, limited liability company or companies, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided.
(140) “Parking area (parking lot)” means that area which is set aside for the parking of motor vehicles on any premises and must conform to the off-street parking regulation of the district in which it is located
(141) “Parking space” means a portion within a parking area which is designated for the parking and placement of one (1) motor vehicle.
(142) “Permanently sited manufactured homes” means a manufactured home that meets all of the criteria set forth in Chapter 1125.
(143) “Person” means an individual, firm, partnership, corporation, company or association.
(144) “Personal services” means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, valet service, watch repair, barber shops, beauty parlors and related activities.
(145) “Places Of Worship, Church” means structures and other indoor or outdoor facilities used for public worship and related educational, cultural, and social activities.
(146) “Plan” means a map of a tract or parcel of land.
(147) “Plat” means a map or drawing of a tract or parcel of land or portion of a tract or parcel of land certified by a registered surveyor, on which the developer’s subdivision plan is presented to the Planning Commission and Village Council for approval and which complies with these regulations, the Ohio Administrative Code Chapter 4733-37 and Chapter 711 of the Ohio Revised Code.
(148) “Plan, preliminary” (See Preliminary Plan.)
(149) “Plat, Final” (See Final Plat.)
(150) “Pond” means a body of water artificially formed by either excavation or by holding water behind a dam with a surface area of one (1) acre or less.
(151) “Preliminary Plan” means a map of a proposed subdivision prepared by a registered surveyor, engineer or architect submitted to the Planning Commission for its review and comment in accordance with these regulations, which may include other explanatory exhibits and text. Said preliminary plat, if accepted by the Planning Commission, shall provide the basis for proceeding with the preparation of the final plat of the proposed subdivision.
(152) “Public hearing” means a public proceeding held by the Planning Commission, Board of Zoning Appeals or Village Council proceeded by published notice and the public is invited to attend and be heard.
(153) “Public improvement” means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, bicycle path, jogging trail, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
(154) “Public meeting: means a meeting of the Planning Commission, Board of Zoning Appeals or Village Council proceeded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.
(155) “Recreational vehicle” means a vehicular portable structure that is designed and constructed to be used as a temporary dwelling for travel, recreational and vacation uses and includes travel trailers, motor homes, pick-up campers, motorized homes, folding tent trailers and similar vehicles.
(156) “Restaurant” means a retail service establishment wherein the entire or substantially all of the business activity consists of food for consumption within the building.
A. “Carry-Out Restaurant” means the retail service established where a substantial portion or the business activity is that of a carry-out service of food for consumption outside the building.
B. “Drive-In Restaurant” means the premises for the sale and service of food in motor vehicles, including those establishments where customers may serve themselves and they consume food on the premises either in the motor vehicle or in the building.
(157) “Retail Establishment” means an establishment engaged in the selling or renting of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered. This term does not include any adult entertainment uses.
(158) “Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, bicycle path, jogging trail, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, shade trees, or for any other special use. The usage of the term right-of-way for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.
(159) “Roadside stand” means a temporary building or structure designed or used for display or sale of agricultural or related items produced on the premises.
(160) “Rooming house” means a private residence that provides accommodations to individuals for compensation for more than thirty (30) consecutive days.
(161) “Satellite dish antenna” also referred to as Earth Stations or Ground Stations shall mean a signal receiving device (antenna, dish antenna, or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources.
(162) “School” means a public school facility and building chartered by the Ohio Board of Regents or conforming to minimum standards prescribed by the State Board of Education and any private or parochial school certified by the State of Ohio which offers state-approved courses of instruction.
(163) “Scientific Research facility” means a place devoted to experimental study such as testing and analyzing.
(164) “Screening” means a structure erected or vegetation planted for the purpose of concealing from view the area behind it.
(165) “Setback” means a line established by this resolution parallel with and measured from the right of way defining the limits of a front yard, or side yard where a corner lot is involved, within which no above ground structures may be located.
(166) “Sewers, sanitary” means an approved sewage disposal system which provides a collection network and a centralized treatment facility.
(167) “Sewers, storm” means a system of culverts and pipes designed to remove storm water from the land and channel it to natural or manmade drainage courses.
(168) “Short term rental” means the rental of a single-family dwelling or portion thereof used for the purpose of providing lodging for periods of less than thirty (30) days. A short-term rental shall not include a houseswap or home-exchange arrangement.
(169) “Side yard” (See Yard, Side.)
(170) “Single Family Dwelling” (See Dwelling, Single-Family.)
(171) “Sketch (review plans)” means a preliminary layout and working drawing to an approximate scale which provides all the information necessary for the representation of all proposed and affected structures, boundaries, easements, utilities and waterways.
(172) “Small Residential Facility” means a home or facility, as defined and regulated in Ohio R.C. Section 5123.19, in which a mentally retarded or developmentally disabled person resides, except the home of a relative or legal guardian in which a mentally retarded or developmentally disabled person resides, a respite care home certified under Ohio R.C. Section 5126.05, or a dwelling in which mentally retarded or developmentally disabled residents are in an independent living arrangement or are being provided supported living. A small residential facility shall be furthermore defined as a residential facility where there is supervision in a family setting of six (6) to eight (8) persons.
(173) “Solicitor” means the legal advisor to the Village.
(174) “Story” means that portion of a building included between the surface of a floor and the surface of the floor next above it or if there be no floor above it, then the space between the floor and the ceiling next above.
(175) “Street, road or thoroughfare” means the full width between property lines bounding every public way (including right of way) of whatever nature with a part thereof to be used for vehicular traffic and designated as follows:
A. “Street alley” means a way which provides a secondary means of access for vehicular traffic to the back or side of properties abutting on another street.
B. “Street, arterial major highway” means a general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
C. “Street, collector” means a thoroughfare whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
D. “Street, cul-de-sac, local” means a street having only one outlet of relative short length with one end open to traffic and the other end terminating in a vehicular turnaround for safe and convenient reversal of traffic movement.
E. “Street, dead-end (or temporary cul-de-sac)” means a street temporarily having only one (1) outlet for vehicular traffic and a temporary vehicular turnaround intended to be extended or continued in the future.
F. “Street, local” means a street primarily for providing access to residential or other abutting property.
G. “Street, marginal access” means a local or collector street, parallel and adjacent to an arterial or collector street.
(176) “Structural alterations” means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders.
(177) “Structural height” means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and the mean height between eaves and the ridge for gable, hip and gambrel roofs.
(178) “Structure” means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
(179) “Subdivider” means the owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these Subdivision Rules or any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a subdivision, or, who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision, and who (4) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
(180) “Subdivision” means either of the following, as set forth in Ohio R.C. 711.001:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax duplicate, into two (2) or more parcels, sites, or lots, any one of which is less than five (5) acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division of land into parcels of more than five (5) acres not involving any streets or existing easements of access, and the sale or exchange of parcels between adjoining lot owners, where that sale or exchange does not create additional building sites are exempt.
B. The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any public or private street(s) except private streets serving industrial structures; or the division or allocation of land as open spaces for common use by owners, occupants, or leaseholders or as easements for the extension and maintenance of public or private sewer, water, storm drainage or other similar facilities.
(181) “Subdivision, Major” means any one of the following:
A. Where one parcel is divided into two (2) or more parcels and involves the opening of a street, road or easement of access or the widening or extension of any street, road, or easement of access.
B. Where an original tract of land along an existing public street is divided into more than five lots, any one of which is less than five (5) acres.
C. Where there is a division or allocation of land as open spaces for common use by owners, occupants, or leaseholders or as easements for the extension and maintenance of public or private sewer, water, storm drainage or other similar facilities.
D. Any other division of land determined to be a subdivision but which is not otherwise classified as a minor subdivision.
(182) “Subdivision, Minor” means a division of a parcel of land along an existing public street, not involving the opening, widening, or extension of any public street, and involving no more than five lots, any one of which is less than five (5) acres, after the original tract has been completely subdivided.
(183) “Surveyor, registered” means a land surveyor properly licensed and registered in the State of Ohio.
(184) “Swimming pool means a pool, pond, lake or open tank containing at least 1.5 feet of water at any point and maintained by the owner or manager.
(185) “Temporary improvement” means improvements built and maintained by a Subdivider during the construction of the subdivision and prior to release of the performance bond.
(186) “Thoroughfare Plan” means the approved plan of thoroughfares which shall include but not be limited to highways, streets, roads, alleys, pedestrian ways, and bicycle pathways, adopted by the Village Council which includes any proposed opening, widening and extension of existing and proposed thoroughfares and how future thoroughfares shall be defined, installed, located, and traffic controlled.
(187) “Tract” means a lot. The term tract is used interchangeably with the term lot, particularly in the context or subdivision, where a tract is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts or interests.
(188) “Trailer” means a vehicle without motive power that is designed or used for carrying property or persons wholly on its own structure and is drawn by a motor vehicle, and includes any such vehicle that is formed by or operated as a combination of a semi-trailer and a vehicle of a dolly type such as are commonly known as a trailer dolly, a vehicle used to transport agricultural produce, and a vehicle that is designed and used exclusively to transport a boat.
(189) “Transient lodging” means a room or suite of rooms which is occupied not as a principal residence by persons for periods of less than thirty (30) consecutive days.
(190) “Truck” means motor vehicles required by the Bureau of Motor Vehicles to be registered as trucks and are of a body size greater than one ton.
(191) “Use” means the specific purposes for which land or a building is designated arranged or intended, or for which it is or may be occupied or maintained.
(192) “Variance” means a modification of the strict terms of the relevant regulations approved by the Board of Zoning Appeals 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.
(193) “Vehicle” means everything on wheels or runners, including motorized bicycles.
(194) “Village Engineer” means a Professional Engineer, Professional Surveyor or an appropriate person, as required.
(195) “Warehouse” means a business for the safekeeping of property, either for later use or for resale, within enclosed buildings.
(196) “Wholesale” means businesses involved in the sale of goods, products, or merchandise stored on the premises to persons who are intermediaries between the producer and the consumer.
(197) “Width of a lot” means the mean width measured at rights angles to the depth.
(198) “Work/Live Unit” means space within a commercial building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use of the space as a place of work.
(199) “Yard” means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
(200) “Yard, front” means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place line and the main building, sun parlor, bay windows, or any projections thereof other than the projections of the usual uncovered steps. uncovered balconies or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
(201) “Yard, rear” means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building, sun parlors or bay windows, or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots, the rear yard shall be in the rear of the front yard.
(202) “Yard, side” means a yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building, sun parlors, bay windows or any projections thereto.
(203) “Zoning district map” means the zoning district map or maps of the Village together with all amendments subsequently adopted.
(204) “Zoning permit” means a type of authorization that must be granted by the Zoning Inspector before site improvements can be made, and before buildings and structures can be erected, moved, constructed, reconstructed, enlarged, or structurally altered.
(205) “Zoning Certificate of Compliance” means an official statement asserting that a given building, other structure or parcel of land is in compliance with the provisions of all existing codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon. (Ord. 19-10. Passed 11-7-19.)
1105.01 INTENT.
This Chapter sets forth the powers and duties of the Zoning Inspector, Village Engineer, Planning Commission, and Village Council with respect to the administration of the provisions of this Planning and Zoning Code.
(Ord. 19-10. Passed 11-7-19.)
1105.02 ZONING INSPECTOR.
(a) Establishment. The Zoning Inspector shall act as the administrative officer for the purpose of effecting the proper administration of the Planning and Zoning Code.
(b) Appointment.
(1) The Zoning Inspector shall be appointed by and serve at the pleasure of Council.
(2) In the absence or inability of the Zoning Inspector to serve, or in case of a vacancy, the Mayor shall be the acting Zoning Inspector and shall have all the powers and authority herein granted to said Inspector.
(c) Administrative Review Assistance. In the review of planning and zoning applications, the Zoning Inspector may be assisted by an administrative review team, which may include, but is not limited to the Village Engineer, and Village Solicitor. The Zoning Inspector shall be responsible for the coordination of the administrative review team.
(d) Powers and Duties. The Zoning Inspector or his/her designee shall have the following powers and duties:
(1) To enforce the provisions of this Code, except when specifically stated otherwise.
(2) To determine the meaning and application of this Planning and Zoning Code and its provisions.
(3) To accept, review for completeness, and respond to questions regarding applications upon which the Zoning Inspector is authorized by the provisions of this Planning and Zoning Code to review, including amendments to the Planning and Zoning Code, site plan review, conditional uses, variances, appeals, and subdivision plats.
(4) To issue, deny, or void zoning permits as provided by this Planning and Zoning Code.
(5) To forward permit applications to the Village Planning Commission and/or Board of Zoning Appeals where appropriate.
(6) To schedule and cause proper notification for required meetings of the Planning Commission and the Board of Zoning Appeals.
(7) To issue, deny, or void zoning certificates of compliance as provided by this Planning and Zoning Code.
(8) To maintain records of all applications submitted and actions taken by the Planning Commission and Board of Zoning Appeals, and any other records required by this Planning and Zoning Code.
(9) To report to Village Council all applications received and permits issued in regards to this Planning and Zoning Code.
(10) To conduct or cause the inspection of building sites, uses of land, and construction areas to determine compliance with this Planning and Zoning Code. The Zoning Inspector shall require pins to be visible for physical identification for all applications.
(11) To receive and enforce written protests to zoning permits.
(12) To determine the existence of any violations of this Planning and Zoning Code and cause such notifications of violations or revocation notices, stop work orders to be issued, or initiate such other administrative or legal action as needed to address such violations;
(13) To attend meetings and provide such technical and consultation assistance as may be required by the Planning Commission, Board of Zoning Appeals, and Village Council in the exercise of their duties relating to this Code.
(14) Maintain in current status the Zoning District Map which shall be kept on permanent display in the Village.
(Ord. 19-10. Passed 11-7-19.)
1105.03 VILLAGE ENGINEER.
The duties of the Village Engineer or his/her designee include but are not limited to:
(a) To review for completeness and compliance, and respond to questions regarding site plans submitted for zoning approval, upon which the Village Engineer is authorized by the provisions of this Planning and Zoning Code to review, including but not limited to applications for structures with foundations, that involve grading, and the construction of parking as required by this Planning and Zoning Code.
(b) To review for completeness and compliance, and respond to questions regarding subdivisions and land development applications upon which the Village Engineer is authorized by the provisions of this Planning and Zoning Code to review.
(c) To review, act on and stamp approved construction improvement plans, including grading plans and other site construction drawings required in this Planning and Zoning Code.
(d) To review and act on financial guarantees required by this Planning and Zoning Code for specific land development activities.
(e) To accept and act on as-built documents from the subdivider.
(f) To issue Engineer Certification stating all improvements have been designed and installed in accordance with approved plans.
(g) To maintain in current status, the Village of North Perry Thoroughfare Plan.
(Ord. 19-10. Passed 11-7-19.)
1105.04 PLANNING COMMISSION.
(a) Establishment. The North Perry Village Planning Commission is established in accordance with Ohio R.C. 713.01 and shall have all the powers and duties prescribed by law and by this Planning and Zoning Code.
(b) Composition and Appointment.
(1) In accordance with Ohio R.C. 713.01, the Planning Commission shall be comprised of five members, consisting of the mayor, one member of Village Council to be elected thereby for the remainder of his/her term on Village Council, plus two citizens of the village and one public member who are appointed by the mayor for terms of six years each.
(2) The public members appointed under this section need not be residents of North Perry Village but shall be residents of Lake County.
(c) Meetings.
(1) The Planning Commission shall meet at regularly scheduled public meetings, not less than quarterly, and at the call of its chairman.
(2) All meetings shall be public and the minutes of all meetings shall be kept showing attendance of members, the vote of each member upon each question or, if absent or abstaining from vote, indicating such fact.
(3) The Planning Commission shall act by resolution and keep records of its official actions.
(4) The Commission may adopt from time to time such rules as it may deem necessary to carry into effect the provisions of the Planning and Zoning Code and/or to exercise its powers and functions.
(d) Quorum. Three (3) members of the Planning Commission shall constitute a quorum at all meetings. A vote of three (3) shall be necessary to make decisions, or act on any authorization.
(e) Powers and Duties. The Planning Commission shall have all powers and duties now or hereafter authorized by law, including the following powers and duties:
(1) To review and act on all zoning permit applications, including conditional use permits, and site plans as required by this Planning and Zoning Code.
(2) To make a similar use determination as provided for in this Planning and Zoning Code.
(3) To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Chapter 1121, Establishment of Districts and Maps.
(4) To review and act on proposed subdivision plats according to the procedures, standards and criteria stated in Chapter 1111 of this Planning and Zoning Code.
(5) To hear and decide appeals and waivers to the subdivision regulations in Title Three.
(6) To review all proposed amendments to this Planning and Zoning Code and make recommendations to Village Council as provided in this Planning and Zoning Code.
(7) To investigate and propose on its own initiative such amendments to the Planning and Zoning Code, as it may deem consistent with the purposes of this Planning and Zoning Code.
(Ord. 19-10. Passed 11-7-19.)
1105.05 BOARD OF ZONING APPEALS.
(a) Establishment. The North Perry Village Board of Zoning Appeals is established in accordance with Ohio R.C. 713.11 and shall have all the powers and duties prescribed by law and by this Planning and Zoning Code.
(b) Composition and Appointment. The Board of Zoning Appeals shall consist of five (5) electors appointed by Council. The terms of each member shall be five (5) years beginning January 1, except the initial terms shall be of such length and so arranged that the term of one member shall expire each year. The Board shall organize annually to elect a Chairman, Vice-Chairman and Secretary.
(c) Meetings.
(1) Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman, and at such other times as the Board of Zoning Appeals may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and the Board of Zoning Appeals may compel the attendance of witnesses.
(2) All meetings shall be public and the minutes of all meetings shall be kept showing attendance of members, the vote of each member upon each question or, if absent or abstaining from vote, indicating such fact.
(3) The Board may adopt from time to time such rules as it may deem necessary to carry into effect the provisions of the Planning and Zoning Code and/or to exercise its powers and functions.
(d) Quorum. Three (3) members of the Board of Zoning Appeals shall constitute a quorum at all meetings. A vote of three shall be necessary to make decisions, or act on any authorization.
(e) Powers and Duties. The Board of Zoning Appeals shall have all powers and duties now or hereafter authorized by law, including the following powers and duties:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Inspector or other administrative official in the enforcement of this Planning and Zoning Code or any amendments thereto, unless specifically stated otherwise.
(2) To authorize upon appeal, in specific cases, such variance, excluding use variance, from the terms of this Planning and Zoning Code as will not be contrary to the public interest, according to the review criteria set forth in this Planning and Zoning Code.
(3) To authorize variances for nonconforming uses, structures and lots in compliance with Chapter 1145.
(4) To interpret any provisions of this Planning and Zoning Code so that it is in harmony with its general purpose and intent so that the public health, safety and general welfare may be secured and substantial justice done; except for interpretations of the zoning district boundaries, which are the responsibility of the Planning Commission.
(Ord. 19-10. Passed 11-7-19.)
1105.06 VILLAGE COUNCIL.
For the purposes of this Planning and Zoning Code, the Village Council shall have the following powers and duties:
(a) To initiate or act upon proposed amendments to the Planning and Zoning Code or Zoning Map.
(b) To review and act on all preliminary plans for major subdivisions.
(c) To confirm or reject all final plats for major subdivisions, including the financial guarantees for required improvements.
(d) To hear and decide appeals of a decision made by the Planning Commission regarding the approval of a waiver to the subdivision regulations in Title Three.
(Ord. 19-10. Passed 11-7-19.)
1107.01 INTENT.
In order to accomplish the purposes for which this Planning and Zoning Code is adopted, it is essential that its regulations be soundly and consistently applied, and that this Code be vigorously enforced. This chapter stipulates the general procedures to be followed in obtaining zoning approval.
(Ord. 19-10. Passed 11-7-19.)
1107.02 GENERAL PROVISIONS FOR APPLICATION FILING.
The requirements of this section shall apply to all applications and review procedures set forth in this Planning and Zoning Code, unless otherwise stated.
(a) Authority to File Applications. The person having legal authority to take action in accordance with the approval sought shall file an application for review in accordance with this Planning and Zoning Code. The person having legal authority shall be the record owner or the duly authorized agent of the record owner who may be required to provide proof of such authority at the time of application.
(b) Zoning Application Required Prior to Filing Application for a Building Permit. The applicant shall submit an application for zoning review and approval prior to submitting for a building permit from Lake County.
(c) Application Filing Requirements. Applications required under this Planning and Zoning Code shall be submitted in a form and in such numbers as established by the Zoning Inspector and shall be accompanied by:
(1) An application form provided by the Village, completed and signed by the applicant.
(2) The appropriate information, plans, studies and other documents that are required by this Planning and Zoning Code based on the type of application submitted, as established by the Zoning Inspector. Such list of filing submission requirements shall be made readily available to the public.
(3) Payment of fee(s). Applications shall be accompanied by the fee required in the North Perry Official Planning and Zoning Fee Schedule as established by the North Perry Village Council. The schedule of fees shall be available at Village Hall, and may be altered or amended only by Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.
(d) Application Filing Deadline. For applications requiring review by the Planning Commission, the applicant shall file an application with the Zoning Inspector at least thirty (30) days before the date of the Planning Commission’s regularly scheduled meeting at which such application is to be considered.
(e) Complete Application Determination. The Zoning Inspector shall only initiate the review and processing of a submitted application after such application is determined to be complete.
(1) The Zoning Inspector shall make a determination of application completeness within five business days of the application filing.
(2) If the application is determined to be incomplete, the Zoning Inspector shall notify the applicant of necessary changes or additional information needed. No further processing of an incomplete application shall occur until the deficiencies are corrected.
(3) Once an application is determined to be complete, the Zoning Inspector shall process the application according to the procedures set forth in this Planning and Zoning Code.
(4) If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(f) Review Meeting Date. For applications requiring review by the Planning Commission, a complete application shall be placed on the agenda of the appropriate board for the next regularly scheduled meeting occurring not less than fourteen (14) days from the date the application is determined complete.
(g) Refund of Fees. Application or review fees are not refundable except where the Zoning Inspector determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(h) Submission Schedule. The Zoning Inspector is authorized to and shall establish the submission and review schedule for applications. The Zoning Inspector may amend and update these requirements as determined necessary.
(i) Required Times for Action and Inaction. Whenever the provisions of this Planning and Zoning Code require that reviewers or decision-makers take action on an application within a specified period and such action is not taken within that time-frame, such inaction shall be deemed a denial of the application unless the applicant agrees to an extension of the review period.
(Ord. 19-10. Passed 11-7-19.)
1107.03 ZONING PERMIT REQUIRED.
(a) No excavation, grading, or improvement shall be commenced and no building or structure shall be erected, constructed, enlarged, structurally altered, or moved in whole or in part, and no use of buildings or land shall be established in the Village of North Perry until a zoning permit has been issued by the Zoning Inspector stating that the building, structure or use complies with the provisions of the Planning and Zoning Code.
(b) A zoning permit and related approvals shall be required for the following circumstances, unless specifically exempted in this Planning and Zoning Code:
(1) Single-Family Dwelling and Uses Accessory Thereto, Generally. Prior to issuance of a zoning permit for a single-family dwelling, including any activity related to a single-family dwelling, including an accessory structure or accessory use, the applicant shall first have received all of the following:
A. Approval of a grading plan, when applicable and
B. Approval of any conditional use(s) and/or variance(s), when applicable.
(2) All Other Permitted Uses. Prior to issuance of a zoning permit for nonresidential development, including any other use, building or structure permitted by right not described in sub-section (b)(1) above, the applicant shall first have received all of the following:
B. Approval of any conditional use(s) and/or variance(s), when applicable.
(3) Change in Use. A zoning certificate of compliance shall be required for any change in the use of a building or lot, which does not otherwise require a zoning permit.
(4) Signs. Prior to issuance of a zoning permit for signs issued separately from a development plan approval, the applicant shall have received approval of any variance(s), when applicable.
(5) Conditional Uses. An application for a conditional use shall be reviewed by the Planning Commission according to the procedures set forth in Chapter 1109.
(6) Similar Uses. An application for any use not specifically listed in this Planning and Zoning Code as a permitted or conditional use shall be reviewed by the Planning Commission according to the procedures set forth Chapter 1109.
(7) Variance Requests. An application for a variance from a requirement of this Planning and Zoning Code shall be reviewed by the Board of Zoning Appeals according to the procedures set forth in Chapter 1113.
(8) Nonconforming Uses, Structures, Lots. An application for the approval of a change regarding a nonconforming use/structure/lot shall be reviewed by the Board of Zoning Appeals according to the requirements set forth in Chapter 1113 for appeals and variances.
(c) The Zoning Inspector shall cause examination to be made of every application for a zoning permit and shall issue no such permit that violates the Planning and Zoning Code.
(Ord. 19-10. Passed 11-7-19.)
1107.04 APPROVAL OF ZONING PERMIT.
(a) For applications not requiring review by the Planning Commission, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this regulation within ten (10) business days after a complete application is accepted.
(b) In conducting the review of the application, the Zoning Inspector may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this resolution. Any costs of review shall be borne by the applicant, as stated in the Village of North Perry fee schedule.
(c) Upon approval, the Zoning Inspector shall return one signed copy of the application and maintain the second copy of the application for village records.
(d) In the event an application is disapproved, the Zoning Inspector shall state in writing the reasons for the action taken. Such statement of disapproval shall include, but not be limited to, a list of regulations that would be violated by the proposed use and shall be transmitted to the applicant. The applicant may submit a revised application for review in accordance with this Chapter, or the applicant may appeal the decision to the Board of Zoning Appeals in accordance with Chapter 1113.
(Ord. 19-10. Passed 11-7-19.)
1107.05 ZONING PERMIT ISSUANCE.
(a) No construction, structural alteration, occupancy, use or change of use, as specified in this Code, shall take place until a zoning permit is issued by the Zoning Inspector.
(b) Simultaneously when issuing an approved zoning permit, the Zoning Inspector shall issue a placard to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is approved and in conformance with the provisions of this Code.
(c) The zoning permit shall state the extent of zoning approval granted by the zoning permit. A record of all zoning permits shall be kept on file in the Office of the Zoning Inspector or his agent, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
(Ord. 19-10. Passed 11-7-19.)
1107.06 EXPIRATION OF ZONING PERMIT.
(a) A zoning permit shall be valid for a period of one year from the date of issuance by the Zoning Inspector, provided all other approvals, such as development plan approval, remain valid.
(b) A zoning permit shall become null and void one (1) year after the date of issuance unless, prior thereto, construction or structural alteration as permitted by it has begun, or the land or premises have been put to use as permitted by such zoning permit, or an extension has been granted by the Zoning Inspector, provided all activity related to the zoning permit has been conducted in compliance with the permit.
(c) Construction is deemed to have begun when all necessary excavation and piers or footers of the structure included in the application have been completed.
(d) Upon notification by the Zoning Inspector, if construction or use has not commenced before the permit has become null and void, a new zoning application and permit shall be secured.
(d) A zoning permit shall immediately become null and void if, among other things, the actual use, construction or structural alteration does not conform to the terms and descriptions as indicated on the application and/or zoning permit granted thereon.
(e) Prior to the expiration of the Zoning Permit, a permit holder may apply to the Zoning Inspector for an extension of up to twelve (12) months. The Zoning Inspector may, at his/her sole discretion, either deny or grant the extension in whole or in part with any conditions as he/she deems reasonable to ensure work is accomplished in an expeditious fashion and prior to the end of the extension being granted.
(Ord. 19-10. Passed 11-17-19.)
1107.07 DEVELOPMENT PLAN REVIEW PROCEDURES.
Review of development plans shall be conducted in compliance with the following:
(a) Development Plan Review Required. A Development Plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, and signs shall be required for the following:
(1) New construction of all permitted and conditional uses, buildings and structures in a Park, Commercial, Industrial, or Mixed Use Zoning District.
(2) New construction of a nonresidential use, building, or structure in the R-1 Residential District.
(3) Any nonresidential existing or previously approved development that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use.
(4) Any change to a non-conforming use, building or lot.
(5) Exceptions. A change of occupancy in an existing structure, or on a previously approved Development Plan, when there is no change in the bulk of the structure, and no change in the parking required, shall be exempt from the Development Plan review procedures.
(b) Pre-Application Meeting Encouraged. The applicant is encouraged to meet with the Village administration prior to submitting an application for Development Plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose of this Code, the criteria and standards contained within, and the review schedule. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the Development Plan.
(c) Plan Review Procedures. Plans shall be reviewed and distributed according to the following procedures:
(1) Application Submitted. An application for Development Plan review shall include all such forms, plans, and information as may be prescribed for that purpose by the Zoning Inspector to ensure the fullest practicable presentation of the facts.
(2) Simultaneous Plat Approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Chapter 1111 of this Planning and Zoning Code. Development Plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
(3) Review for Completeness. The Zoning Inspector shall review the submitted application for completeness according to Section 1107.02.
(4) Review by Village Engineer and Others. When the Zoning Inspector determines that the application is complete, the Zoning Inspector shall forward the application to the Village Engineer. The application may be transmitted to additional appropriate administrative departments, and professional consultants for review and comment. Any reports, comments, or expert opinions shall be compiled by the Zoning Inspector and transmitted to the Planning Commission prior to the time of the Commission's review.
(5) In their review of an application the Planning Commission or Zoning Inspector may request that the applicant supply additional information deemed necessary to adequately review and evaluate the proposed development.
(d) Action by Planning Commission.
(1) The Planning Commission shall review the Development Plan according to the criteria in Section 1107.08.
(2) Following its review of a Development Plan, the Planning Commission shall:
A. Approve the Development Plan as submitted; or
B. Approve the Development Plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
C. Deny the Development Plan when the application does not demonstrate that the required standards have been met; or
D. If a Development Plan is found to not be in compliance with this Code, the Planning Commission may recommend revisions to be made by the developer and postpone action on the Development Plan until the next scheduled Planning Commission meeting.
(3) The Village shall promptly furnish the applicant with its decision on the Development Plan.
(4) Failure of the Planning Commission to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, the applicant may deem the application denied.
(e) Re-application after Denial. The Zoning Inspector shall accept no re-application for a Development Plan unless the re-application is based on a revised application that addresses the reasons for the denial of the initial application. A re-application shall comply with all the requirements of this Chapter, including payment of the required fee. If an application is denied as a result of sub-section 1107.07(d)(4), Failure of the Planning Commission to Act, the Zoning Inspector shall accept a re-application for Development Plan review that has not been revised from the previous submittal.
(f) Issuance of Zoning Permit. The Zoning Inspector may issue a Zoning Permit pursuant to Section 1107.05 after a Development Plan is approved, or approved with conditions, by the Planning Commission, provided that all other requirements of all other applicable Village codes related to the issuance of a Zoning Permit are satisfied, including the following:
(1) In the event the application includes the construction of required physical improvements located within the public rights-of-way or easements the applicant shall execute and deliver to the Village a security approved by the Village Engineer in the amount of the estimated cost of the required physical improvements as determined by the Village Engineer. The security shall provide for completion of all work within a time specified to be determined by the Village Engineer or before occupancy is allowed in any structure, whichever shall occur first.
(2) The approval of the Development Plan or the installation of improvements as required by this Zoning Code shall not obligate the Village to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
(Ord. 19-10. Passed 11-7-19.)
1107.08 DEVELOPMENT PLAN REVIEW CRITERIA.
The Planning Commission shall review the Development Plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants when reviewing the application. In order to approve a Development Plan, the Planning Commission shall determine that:
(a) The plan is consistent with any plan or goals for the orderly development of the Village and, when applicable, conforms in all respects to the approved or provisionally approved preliminary Development Plan and the regulations of this Zoning Code;
(b) The appropriate use and value of property within and adjacent to the area will be safeguarded;
(c) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;
(d) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
(e) The development will have adequate public service, parking; and open spaces, when applicable;
(f) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Planning and Zoning Code;
(g) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas that is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property;
(h) Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
(i) Adequate provision is made for emergency vehicle access and circulation, fire hydrants and firefighting water supply;
(j) The proposed signs, if applicable:
(1) Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and,
(2) Adequately identify the use; and
(3) Are located to maintain safe and orderly pedestrian and vehicular circulation.
(k) The landscape plan will adequately buffer adjacent uses, where applicable.
(l) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Zoning Code, and any other design criteria established by the Village or any other governmental entity which may have jurisdiction over such matters; and,
(m) If the project is to be carried out in progressive stages, each phase shall be so planned that the foregoing criteria are complied with at the completion of each phase. (Ord. 19-10. Passed 11-7-19.)
1107.09 SIGNIFICANCE OF AN APPROVED PLAN; PLAN REVISIONS.
(a) An approved Development Plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved Development Plan may be transferred to another person, corporation, or group of individuals or corporations.
A request for such a transfer or change of ownership shall be presented to the Zoning Inspector and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original, Development Plan.
(b) All construction and development under any Zoning Permit shall be in accordance with the approved, Development Plan. Any departure from such plan shall be cause for revocation of the Zoning Permit, and the property owner or other responsible parties are subject to penalties as prescribed by this Planning and Zoning Code.
(c) Modification after Approval.
(1) Changes in an approved Development Plan shall be resubmitted for approval in accordance with this Chapter.
(2) Approval of a modification or amendment to a previously approved Development Plan under the terms and provisions of this Chapter shall not extend or alter the time limitation established by Section 1109.07 which time shall continue to be measured from the date of approval of the original Development Plan.
(Ord. 19-10. Passed 11-7-19.)
1107.10 EXPIRATION OF DEVELOPMENT PLAN APPROVAL.
An approved Development Plan shall remain valid for a period of twelve (12) months following the date of its approval, unless the Planning Commission authorizes a longer period at the time of approval. If, at the end of that time, a Zoning Permit has not been obtained and/or the construction of the development has not begun, then approval of such Development Plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this Chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed. (Ord. 19-10. Passed 11-7-19.)
1107.11 ZONING CERTIFICATE OF COMPLIANCE.
Land shall not be occupied or used and a building that has been erected or altered shall not be occupied or used until a zoning certificate of compliance has been applied for and issued as follows:
(a) Occupancy of Land. A zoning certificate of compliance shall be required before occupancy of land or where the use of land has been changed to a use different than the prior use. A zoning certificate of compliance shall be issued when it has been found, by inspection, that the use is in conformity with the provisions of the Planning and Zoning Code.
(b) Change in Nonconforming Use of Building or Land. A zoning certificate of compliance shall be required whenever a nonconforming use of a building or land is changed, and shall not be issued until the change in use has been approved in accordance with the provisions of Chapter 1145.
(Ord. 19-10. Passed 11-7-19.)
1109.01 CONDITIONAL USE ZONING PERMIT REQUIRED.
When a proposed use is permitted in a zoning district as a conditional use as set forth in the district regulations, a conditional use zoning permit is required and the application for such conditional use zoning permit shall be submitted and reviewed according to the following review procedures. (Ord. 19-10. Passed 11-7-19.)
1109.02 DESIGNATION AS A CONDITIONAL USE.
(a) Certain types of uses are classified as conditional uses because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements, or potential for significant impact on a particular district. Consequently, the conditional use procedures call for a more flexible and equitable procedure for properly accommodating such activities in the community. The forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied, depending upon functional characteristics, competitive situations, and the availability of land. The purpose of this section is to provide controllable and reasonably flexible requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will, at the same time, maintain adequate provisions for the health, safety, convenience and general welfare of the Village's inhabitants.
(b) In order to accomplish such a dual objective, this chapter sets forth a review procedure that enables a more detailed consideration of each conditional use in regards to the proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movement, concentration of population, processes and equipment employed, and amount and kinds of public facilities and services required, together with many other factors. Review of this information by the Planning Commission is required to ensure that each proposed conditional use is consistent with the intent and objectives of the particular district in which it is to be located.
(Ord. 19-10. Passed 11-7-19.)
1109.03 CONDITIONAL USE REVIEW APPLICATION.
(a) Application Submitted. The owner, or agent thereof, of property for which such conditional use is proposed shall file with the Zoning Inspector an application for conditional use approval. The application for a conditional use shall disclose all uses proposed for the development, their location, extent and characteristics and shall include the items set forth below.
(1) Completed application form along with the application fee.
(2) A list of all property owners lying within 300 feet of any part of the property on which the conditional use is proposed, including their addresses and permanent parcel number and lot numbers, as shown on the current tax duplicate in the Lake County Auditor’s Office.
(b) Review for Completeness. The Zoning Inspector shall review the submitted application for completeness according to Section 1107.02(e).
(c) Distribution of Plans. When the Zoning Inspector determines that the application is complete, the Zoning Inspector shall forward the application to the appropriate Village departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Inspector within ten (10) days from the date the application is deemed complete.
(d) Transmission to the Planning Commission. The Zoning Inspector shall distribute the application and any reports prepared by the individuals in sub-section (c) above to the Planning Commission, at least four days prior to the time of the next regularly scheduled meeting.
(Ord. 19-10. Passed 11-7-19.)
1109.04 REVIEW OF CONDITIONAL USE BY PLANNING COMMISSION.
The Planning Commission shall review the proposed conditional use, as presented on the
submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Planning and Zoning Code.
(a) The Planning Commission shall review the development plan for the proposed conditional use according to the development plan review criteria set forth in Section 1107.08, as applicable;
(b) The Planning Commission shall review the application to determine if the establishment and operation of the proposed use complies with the general criteria established for all conditional uses in Section 1109.09 and any specific requirements established for that particular use, as set forth in Chapter 1131, Use-Specific Standards in this Planning and Zoning Code; and
(c) The Planning Commission may require additional plans and documents further clarifying the nature and extent of the use or any aspect of the application.
(Ord. 19-10. Passed 11-7-19.)
1109.05 PUBLIC HEARING AND NOTICE BY PLANNING COMMISSION.
The Planning Commission shall hold a public hearing on the proposed conditional use. Notice of such public hearing shall be given by first class mail or hand delivered to the applicant and to the property owners within 300 feet of the property on which the use is proposed, unless a greater distance is required according to Chapter 1131. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be provided on the Village’s website. All notices shall be made at least 10 days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. (Ord. 19-10. Passed 11-7-19.)
1109.06 ACTION BY PLANNING COMMISSION.
(a) The Planning Commission shall take one of the following actions:
(1) If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria in Section 1109.09, the Planning Commission shall approve the conditional use. In approving any such use or structure the Planning Commission may attach additional conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code, as may be necessary or appropriateto prevent or minimize adverse effects upon adjacent property.
(2) The Planning Commission shall deny the application if the Planning Commission concludes that, if completed as proposed, the development will not be in compliance with the requirements of this Planning and Zoning Code. Such action shall be stated in writing and include specific findings, based upon the evidence submitted, justifying such a conclusion.
(b) Failure of the Planning Commission to Act. If the Planning Commission fails to act within 60 days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the application denied.
(Ord. 19-10. Passed 11-7-19.)
1109.07 TERMS AND DURATION OF CONDITIONAL USE APPROVAL.
(a) Conditional use approval shall authorize a particular conditional use on a specific parcel. Approval of a conditional use, pursuant to this Chapter, shall be valid only for the use and the operation of such use as specified when granted by the Planning Commission. The breach of any condition, safeguard, or requirement shall constitute a violation of this Planning and Zoning Code. Approval shall automatically be void if, for any reason, the conditional use shall cease for more than one year.
(b) The conditional use approval shall expire one year from the date of enactment, unless:
(1) In the case of new construction, work upon the structure shall have begun above the foundation walls.
(2) In the case of occupancy of land, the use has commenced.
(3) In the case of reoccupancy of an existing structure, a Zoning Certificate of Compliance has been granted.
(4) As otherwise specifically approved by the Planning Commission.
(Ord. 19-10. Passed 11-7-19.)
1109.08 REVOCATION OF CONDITIONAL USE APPROVAL.
A conditional use zoning permit may be revoked if the established conditions for approval are violated. The Zoning Inspector is responsible for advising the Planning Commission of any violations, and the Planning Commission may then recommend to Village Council that it revoke the conditional use zoning permit.
(Ord. 19-10. Passed 11-7-19.)
1109.09 GENERAL CRITERIA FOR ALL CONDITIONAL USES.
A conditional use, and uses accessory to such conditional use, shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following criteria.
Furthermore, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that:
(a) The conditional use in the proposed location will be harmonious and in accordance with the purpose, intent and basic planning objectives of this Planning and Zoning Code and with the objectives for the district in which located;
(b) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare;
(c) The conditional use 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 use will not essentially change the character of the same ara;
(d) The proposed building or use will not result in the destruction, loss, or damage of any feature determined by the Planning Commission to be of significant natural, scenic, or historic importance
(e) The hours of operation of the proposed use are similar to a use permitted in the district.
(f) The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;
(g) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(h) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(i) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets;
(j) The establishment of the conditional use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools;
(k) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible;
(l) The design and arrangement of circulation aisles, parking areas, and access drives shall be in compliance with the regulations set forth in Chapter 1137.
(Ord. 19-10. Passed 11-7-19.)
1109.10 SIMILAR USES.
Within each zoning district established by the Planning and Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the district. To the extent that new types of uses are created and are not addressed by this Planning and Zoning Code, this section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.
(a) Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:
(1) The proposed use is not prohibited in any other district;
(2) The proposed use is not listed as a permitted building or use in any other district;
(3) The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;
(4) The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.
(b) Assignment to Districts. If the Planning Commission approves the proposed similar use, then the similar use shall be added to those districts that allow the principal or conditional use that is most similar, as determined by the Planning Commission.
(Ord. 19-10. Passed 11-7-19.)
1111.01 PURPOSE.
The purpose of this chapter is to set forth regulations that govern the division of land into two or more lots, parcels, or sites for building in order to promote the proper arrangement of streets and layout of lots; provide for adequate and convenient open spaces, utilities, public facilities, positive drainage, and access for service and emergency vehicles and to ensure that the arrangement of streets and lots conform the thoroughfare plan of the village.
(Ord. 19-10. Passed 11-7-19.)
1111.02 GENERAL REQUIREMENTS.
(a) Classification. Upon the submission of a proposed division of land and application, the application shall be classified by the Zoning Inspector as a major or minor subdivision and shall review it in accordance with these regulations and Ohio R.C. 711.09 and 711.131.
(b) Application Filing Requirements. The filing of applications for subdivisions shall comply with the general provision for application filing set forth in Section 1107.02, unless specifically stated otherwise in this Chapter.
(c) Administrative Act. Review of a subdivision by the Village is an administrative act.
(Ord. 19-10. Passed 11-7-19.)
1111.03 LOT LINE ADJUSTMENT.
(a) A lot line adjustment application and required submission items shall be filed with the Zoning Inspector.
(b) The Zoning Inspector shall review the proposed lot line adjustment to determine if the transfer of property between the adjoining owners will result in lots that comply with the regulations of this Planning and Zoning Code, or with any variances that have been approved for the property. Verification of said variance shall be provided to the Zoning Inspector prior to approval.
(c) The Zoning Inspector shall act on the lot line adjustment application, and the deed(s) for property line adjustment shall be stamped with an approved or disapproved stamp and signed within seven (7) working days after submission to the Zoning Inspector.
(Ord. 19-10. Passed 11-7-19.)
1111.04 MINOR SUBDIVISION/LOT SPLIT REVIEW.
Procedures are herein established and intended to define the steps for review and approval of a minor subdivision or lot split.
(a) Filing and Classification. An application, legal description and plat of survey, complying with the Submission Requirements established by the Zoning Inspector, shall be submitted to the Zoning Inspector. The Zoning Inspector shall review the application to confirm classification of the proposal as a minor subdivision/lot split.
(b) Review by Zoning Inspector. The Zoning Inspector shall review the application for compliance with the review criteria in subsection (c) hereof and make a determination within seven (7) working days after the application is determined complete.
(c) Review Criteria. The application for minor subdivision/lot split shall be approved if it complies with the following.
(1) The proposed division of land must have frontage along an existing improved public street and involve no opening, widening or extension of any street or public utility. The right-of-way width at the end of a right-of-way meant for future extension of the right-of-way does not constitute frontage along an existing improved public street. If the installation of any of the improvements described in Title Three of this Planning and Zoning Code are needed for future construction on the lots, the proposed division shall be reviewed as a major subdivision.
(2) The proposed division must be properly integrated with adjoining developments or could be properly coordinated with the subdivision and extension of streets to adjoining land.
(3) The proposed division complies with the planning principles and other sections of this Planning and Zoning Code and other Codes and plans of the Village, or the owner has received the necessary variances. Verification of said variance shall be proided to the Zoning Inspector prior to approval.
(4) The proposed division of land shall be approved by the Lake County General Health District in cases where there is no sanitary sewer. The owner shall obtain approval for Household Sewage Treatment Systems (HSTS) (septic tanks) from the Lake County General Health District (LCGHD) for the minor subdivision being applied for and/or the remainder. LCGHD verification that the minor subdivision and remainder conform to the LCGHD Regulations must be submitted as part of the application. If all the proposed lots resulting from the proposed minor subdivision cannot accommodate HSTS, the application will be denied.
(d) Decision.
(1) If the application conforms to the review criteria in subsection (c) hereof, then the legal description and plat of survey shall be approved and stamped.
(2) If the Zoning Inspector determines the application is a major subdivision or the legal description and/or plat of survey is not approved for other reasons, the Zoning Inspector shall state the conditions that shall be complied with before it will be approved.
(e) Review by Village Engineer; Recording. After approval of a sketch plat, the applicant shall submit either a metes and bounds, deed description, and/or plat as required, to the Village Engineer for review. The metes and bounds, deed description, and/or plat shall conform to all applicable County and State standards. If the same is found to conform to the approved sketch plat and is otherwise satisfactory to the Engineer, he shall so certify his approval thereon within seven working days after receipt. The approval shall expire within 120 days unless the deed or plat has been filed and recorded in the office of the County Recorder and the Commission has been so notified by the developer in writing.
(Ord. 19-10. Passed 11-7-19.)
1111.05 MAJOR SUBDIVISION REVIEW PROCEDURES.
The procedures established in Sections 1111.05 through 1111.23 are intended to define the steps by which an applicant shall design, make application, record plats and construct improvements in the development of land, and by which the Planning Commission shall review, make recommendations for and take action on such plans and otherwise administer these regulations. (Ord. 19-10. Passed 11-7-19.)
1111.06 PRE-APPLICATION CONFERENCE.
Prior to preparing a preliminary plat, the subdivider shall consult informally with the Zoning Inspector and Village Engineer in order that the subdivider become familiar with the relation of the property to existing conditions, Village plans, community facilities, utilities, easements, roads, emergency services, and other services. The pre-application conference provides the Zoning Inspector and Village Engineer an opportunity to review the plan and give recommendations to address some of the issues that otherwise would become stipulations or comments in the preliminary plan stage.
(a) This step does not require a formal application, fee, or filing of the plan.
(b) This step does not constitute formal acceptance of the subdivision. The official acceptance date of the subdivision shall be the date the Zoning Inspector accepts the preliminary plan of the subdivision for consideration at a meeting.
(Ord. 19-10. Passed 11-7-19.)
1111.07 PRELIMINARY PLAN APPLICATION.
(a) Application Form. The subdivider shall apply in writing on a form obtained from the Zoning Inspector, and shall comply with the Submission Requirements set forth for subdivision preliminary plan review.
(b) Waiver. At the time of application for consideration of a Preliminary Plan the sub- divider shall be required either (i) to sign a waiver of the sixty-day option, or failure to waive the sixty-day option shall require the subdivider to (ii) submit with the application form all Final Plat, Construction Improvement Plans, Preliminary Plans, Surety, Bonds, and all other documentation in the proper quantities as required in these Rules and Regulations for the Planning Commission to consider at one meeting and the time frames set forth in this chapter shall be adjusted accordingly.
(c) Deposits and Fees. The subdivider shall be responsible for payment of all deposits and fees at the time the application for a Preliminary Plan is submitted. Failure to submit required deposits, fees and payments with the application shall be cause for the Zoning Inspector to stop further progress of the review of the project.
(d) Proof of Ownership. The subdivider shall provide a deed and legal description or proof of ownership and authorization to subdivide to the Zoning Inspector.
(e) Prior Review by Zoning and Engineering. The Village Zoning Inspector and the Village Engineer shall confirm the documentation complies with all Village zoning regulations and Subdivision Rules. The Village Engineer and Zoning Inspector shall document their approval or rejection and reasons for rejection of these documents. Required documentation that is not properly submitted shall require the application process time cycle shall begin again.
(Ord. 19-10. Passed 11-7-19.)
1111.08 PLANNING COMMISSION REVIEW.
The Planning Commission shall review said plan and all related comments, documents, covenants, restrictions, and approvals, and act thereon within sixty (60) days. The review shall encompass but not be limited to all plan design issues, recommendations, stipulations, record requirements, agreements and covenants, surety and bond requirements and other government agency approvals. The Planning Commission shall consider options and request further documentation and records as necessary.
(a) Public Hearing. The Planning Commission, prior to acting on a preliminary plan, shall hold a public hearing thereon at such time and upon such notice as required by law. The Planning Commission shall fix a reasonable time for the hearing, giving ten (10) days notice by publication in a newspaper of general circulation in the Village and by personally delivering or sending by regular U.S. mail a notice to the parties of interest, and any other service requirements as established within these Subdivision Rules.
(b) Efficiency and Effectiveness. The Planning Commission shall encourage the replatting of lands that are far in advance of the needs of the community; or which by their location cannot be efficiently served by, fire protection, police protection, or other Village or municipal services or are topographically unsuitable for development; or which have gas wells or transmission or gathering lines or structures or easements, or which for any other reason are being unwisely divided.
(c) Mandatory Setbacks. The Planning Commission shall assure the minimum building and structure setback distances are observed and documented on the plan:
(d) Re-platting and Efficiency. The Planning Commission shall encourage the re- platting of lands deemed to be unsatisfactorily subdivided and which, because of this, are tax delinquent or are underdeveloped, and which represent an obstacle to the orderly and efficient development that is consistent with the Comprehensive Plan and other plans the Village may have for the area.
(e) Parcel Co-ordination. The Planning Commission shall encourage the coordinated platting of adjacent small parcels of land, and to this end the Planning Commission may make sketch plans for such coordinated platting showing how streets can be linked, lot orientation coordinated, natural areas protected, and open lands and public recreation and park areas created and expanded. It may also arrange meetings of the several owners of small parcels of land or shall carry out the intent of this directive by such other means as may be lawful and appropriate.
(f) Planning Commission Options.
(1) The Commission may approve the plan as submitted.
(2) The Planning Commission may request the plan be corrected or modified and returned at the next regular meeting, when the sixty (60) day cycle shall begin again if the has been signed by the subdivider. If the subdivider has signed the sixty (60) day waiver but fails to make the requested corrections or modifications, then see paragraph number four below.
(3) The Planning Commission may conditionally approve the plan and stipulate the conditions of such approval. All stipulations and conditions shall be made or corrected, and shall be submitted to the Zoning Inspector on revised and redrawn engineering drawings, who shall within five (5) days forward such documents for review and approval by the Zoning Office and the Village Engineer. Such approval shall be submitted to the Planning Commission at their next regular meeting for verification before further action may be considered, when the sixty (60) day cycle shall begin again.
(4) The Planning Commission may disapprove the plan and express the reasons therefore. Once disapproved, the application process shall be considered as terminated. At the time of disapproval, the Commission Chairman shall sign and date a Notice of Non-Compliance and issue it to the Zoning Inspector who shall deliver a copy to the subdivider.
(5) The Planning Commission shall not require a person submitting a plat to alter the plat or any part of it as a condition for approval, as long as the plat is in accordance with the regulations of the Planning and Zoning Code and other Village Codes pertaining to the proposed subdivision, in effect at the time the plat was submitted.
(g) Review Documentation. The action of the Commission shall be noted on four copies of the preliminary plan and certified, signed and dated by the Commission Chairman. (Ord. 19-10. Passed 11-7-19.)
1111.09 PRELIMINARY PLAN APPROVAL.
(a) Zoning Inspection and Engineering Approval. The approved, signed plan together with the Planning Commission's recommendation shall then be forwarded to the Zoning Inspector and the Village Engineer. The Village Engineer and the Zoning Inspector shall stamp and sign each plan copy. One copy of these plans shall be retained in the zoning office for records. Copies of these plans shall be sent to the Village Engineer, the Village Solicitor, and one (1) copy shall be returned to the subdivider or owner.
(b) Approval Limitation. Approval of a preliminary plan shall not constitute approval of the final plat, but rather shall be deemed an expression of approval of the layout as a guide to preparation of the final plat.
(Ord. 19-10. Passed 11-7-19.)
1111.10 MAJOR SUBDIVISION FINAL PLAT REVIEW.
The following Sections 1111.10 through 1111.23 identify the steps the subdivider shall follow to submit Construction Improvement Plans, a Final Plat and all other required documents to the Planning Commission to provide evidence and confirmation that these documents meet all conditions and Village requirements for the construction of a subdivision.
(Ord. 19-10. Passed 11-7-19.)
1111.11 CONFORMITY WITH PRELIMINARY PLAN.
(a) Preliminary Plan Conformance. Final plats and Construction Improvement Plans shall be subsequent to and in conformance with a previously approved preliminary plan, unless filed simultaneously.
(b) Project Phase Identification. A final plat may constitute only that portion of the project, which is proposed for recording and development at the time. The subdivider shall certify a schedule that will implement the completely approved Preliminary Plan.
(c) Time Limitation. Final plats shall be submitted within twelve (12) months after approval of the preliminary plan or such approval shall become null and void unless an extension of time not to exceed six (6) additional months has been granted by the Planning Commission.
(d) Written Disclosure. The subdivider shall disclose in writing all deviations from the previously approved Preliminary Plan.
(Ord. 19-10. Passed 11-7-19.)
1111.12 CONSTRUCTION IMPROVEMENT APPLICATION.
(a) Application Form. The subdivider shall apply in writing on a form obtained from the Zoning Inspector.
(b) Deposits and Fees. The subdivider shall be responsible for payment of all deposits and fees at the time the Construction Improvement application is submitted. Failure to submit required deposits, fees and payments with the Construction Improvement application shall be cause for the Zoning Inspector to stop further progress of the project.
(c) Conformity With All Village Plans. Subdivisions shall be designed in accordance with the Village Comprehensive Plan, Storm Water Management Plan, Erosion and Sediment Control Regulations, Standards for Construction, Grading Regulations, Thoroughfare Plan and any other related ordinance, rule, plan, or regulation, and shall be subject to approval by the Village Engineer.
(d) Documentation Accompanying Application Form.
(1) Within twelve (12) months after approval of the preliminary plan, or eighteen (18) months if an extension is granted pursuant to Section 1111.02 (c) (above), the Subdivider shall present to the Zoning Inspector twelve (12) copies of the Construction Plan including detailed engineering construction drawings prepared by a registered engineer in the State of Ohio.
(2) Said Construction Improvement plans shall be filed with the Zoning Inspector within at least thirty (30) working days prior to the regular scheduled Planning Commission meeting at which it is to be considered. The Zoning Inspector shall within five (5) working days forward copies of said construction drawings to the Village Engineer. In addition, copies shall be made available to the Village Solicitor, and the Lake County Utilities Department for their written comments and approval. Comments and approvals by all appropriate parties shall be presented to the Planning Commission at their Construction review meeting.
(3) Failure to submit improvement plans within twelve (12) months of the approval of the preliminary plan shall render the approval of the preliminary plan null and void.
(e) Plan Scale and Size.
(1) Construction drawings shall be prepared, signed and sealed by a professional engineer registered in the State of Ohio.
(2) The plans shall indicate all proposed improvements including profiles drawn legible at a suitable scale, to the approval by the Village Engineer.
(3) The applicant shall submit evidence that plans for sanitary sewers and water mains have been approved by the Utilities Department of Lake County.
(f) Contents. Construction Improvement Drawings shall include all utility and street improvements to be constructed in the proposed subdivision, all construction notes, control measures, and drawing details as required by the Village engineer, Village construction standards and the Lake County Utilities Department.
(g) Prior Review by Zoning and Engineering. The Village Zoning Inspector and the Village Engineer shall confirm the documentation complies with all Village regulations and subdivision regulations. The Village Engineer and Zoning Inspector shall document their approval or rejection of these documents. Documentation that is not approved shall be returned to the sub- divider for correction, and the Construction Improvement application process time cycle shall begin again. (Ord. 19-10. Passed 11-7-19.)
1111.13 PLANNING COMMISSION CONSTRUCTION IMPROVEMENT PLAN REVIEW.
The Planning Commission shall review said Construction Improvement Plans, drawings and documents and act thereon within 40 days, during which the subdivider may file a Final Plat.
(a) Presentation of Conformance. The subdivider shall demonstrate to the Planning Commission the following are contained in the Construction Improvement plans and documents:
(1) All agreements and conditions of the Preliminary Plan approval are documented and observed.
(2) All Village Plans including but not limited to the Comprehensive Plan are observed.
(3) All design standards, required improvements, erosion and sediment control, and open space requirements have been observed.
(b) Construction Plan. The subdivider shall provide the Planning Commission with a tentative schedule for implementation of Improvements including but not limited to:
(1) A time line showing proposed start and finish of each major component of the improvements including a subdivision completion date.
(2) A listing and proposed schedule for variance request for relief from any design standards and required improvements.
(c) Sanitary Sewer Extension. In areas not served by sanitary sewers and/or water mains, these utilities shall be extended for all proposed lots. If such extension is not proposed, certified evidence of approval of the Lake County General Health District and the Lake County Utilities Department shall be submitted with these Improvement Plans. The Planning Commission may require such utility extension based on soil and site conditions or recommendation of a qualified consultant.
(d) Commercial and Industrial Requirements. The subdivider in a nonresidential district shall present engineering drawings of structures, improvements and detail the type of operation proposed on the premises. The subdivider shall assure compliance with all commercial and industrial zoning regulations. The subdivider shall indicate proposed service facilities, retention systems, alleys and how screening, buffers and open space requirements are used and positioned to assure harmonious conformance with other neighboring development.
(e) Commission Options.
(1) The Commission may approve the Construction Improvement plan as submitted.
(2) The Planning Commission may request the plan be corrected or modified and returned at the next regular meeting, when the forty (40) day cycle shall begin again.
(3) The Planning Commission may conditionally approve the plan and stipulate the conditions of such approval. All stipulations and conditions shall be made or corrected and shall be submitted to the Zoning Inspector on revised and/or redrawn engineering drawings, who shall within five (5) days forward such documents for review and approval by the Village Engineer. Such approval shall be submitted to the Planning Commission at their next regular meeting for verification before further action may be considered, when the forty (40) day cycle shall begin again.
(4) The Planning Commission may disapprove the plan and express the reasons therefore. Once disapproved, the application process shall be considered as terminated. At the time of disapproval, the Commission Chairman shall sign and date a Notice of Non-Compliance and issue it to the Zoning Inspector.
(f) Review Documentation. The action of the Commission shall be noted on four copies of the plans, and certified, signed, and dated by the Commission Chairman.
(Ord. 19-10. Passed 11-7-19.)
1111.14 CONSTRUCTION IMPROVEMENT APPROVAL.
(a) Village Council Approval. Construction Improvement Plan Drawings shall be approved by the Village Council at their next scheduled meeting after Planning Commission approval. Such Plans may be approved or returned to the Planning Commission with requests for change. Approved Construction Improvement Plans shall be signed by the Mayor and the Clerk- Treasurer.
(b) Zoning Inspection and Engineering Approval. The approved and signed Construction Improvement plans together with the Planning Commission's recommendation shall then be forwarded to the Zoning Inspector. The Village Engineer and the Zoning Inspector shall stamp and sign each plan copy. One (1) copy of the plan shall be retained in the zoning office for records, and copies may be sent to the Village Engineer, the Village Solicitor, and one (1) copy shall be returned to the subdivider or owner.
(c) Approval Limitation. Approval of the Construction Improvement Plans shall not constitute approval of the final plat.
(Ord. 19-10. Passed 11-7-19.)
1111.15 FINAL PLAT APPLICATION.
(a) Application Form. The subdivider shall apply in writing on a form obtained from the Zoning Inspector, and shall comply with the Submission Requirements set forth for subdivision final plat review.
(b) Deposits and Fees.
(1) The subdivider shall be responsible for payment of all deposits and fees at the time the Final Plat application is submitted.
(2) For administrative costs and inspection costs of construction of roadway, utilities other than sewer and water, grading, landscape, and drainage items the subdivider shall deposit with the Zoning Inspector a fee equal to two percent (2%) of the approved estimated cost of construction prior to the commencement of construction. In the event that the deposit exceeds the actual cost, the Village Clerk-Treasurer shall refund the remaining deposit.
(3) For inspection of the construction of sanitary and water improvements, fees are established by the Lake County Utilities Department. The subdivider shall provide evidence that these fees have been paid or deposited.
(4) Failure to submit all required deposits, fees and payments with the application for the Final Plat shall be cause for the Zoning Inspector to stop further progress of the project.
(c) Prior Approval by Zoning and Engineering. The Village Engineer shall confirm the documentation complies with all Village subdivision rules and engineering requirements. The Village Engineer and Zoning Inspector shall document their approval or rejection of these documents. (Ord. 19-10. Passed 11-7-19.)
1111.16 PLANNING COMMISSION FINAL PLAT REVIEW.
(a) Review Considerations. The Planning Commission shall review said Final plat and act thereon within sixty (60) days. The Planning Commission shall consider the following during their review:
(1) Stipulations. A listing of all stipulations shall be required and a schedule for the implementation of these by the subdivider. Failure to implement these stipulations shall be deemed a violation of the Plat approval and the subdivider shall be subject to the penalties herein provided.
(2) Plan, Plat and Document Changes. A detail listing of all plat, plan and document changes that were considered or recommended for document correction prior to the approval by the Planning Commission. Failure to implement these document changes before the Village Council review meeting shall be deemed a violation and the subdivider shall be subject to the penalties herein provided.
(3) Association Agreements, Bonds, Covenants, Easements and Deed Restrictions. A detail listing of all agreements and restrictions in addition to the required surety and bonds and insurances that will be imposed as a part of this subdivision and the time limits where such documents must be submitted to the Village. Failure to implement these shall be deemed a violation of the agreement and the subdivider shall be subject to the penalties herein provided.
(b) Planning Commission Options.
(1) The Commission may recommend approval of the Plat as submitted.
(2) The Planning Commission may request the plan be corrected or modified and returned at the next regular meeting when the sixty (60) day review cycle shall begin again after the subdivider has waived the sixty-day time line.
(3) The Planning Commission may conditionally approve the Plat assuming the subdivider has waived the sixty-day time line and stipulate the conditions of such approval. All stipulations and conditions shall be made or corrected, and shall be submitted to the Zoning Inspector, who shall within five (5) days forward such documents for review and approval by the Village Engineer. Such approval shall be submitted to the Planning Commission at their next meeting for verification before further action may be considered, when the sixty (60) day review cycle shall begin again.
(4) The Planning Commission may disapprove the Plat and express the reasons therefore. Once disapproved, the subdivider may appeal the decision within sixty (60) days or it shall be considered final.
(c) Review Documentation. The action of the Planning Commission shall be noted on four copies of the plans, and certified, signed, and dated by the chairman of the Planning Commission. (Ord. 19-10. Passed 11-7-19.)
1111.17 MANDATORY RECORD REQUIREMENTS.
The subdivider shall record the following on the deed for all affected lots in the subdivision:
(a) Wells and Transmission Lines. The existence and location of gas and oil wells, and all transmission lines and structures for the support, metering, and conveyance of such that are currently in use, not in use or abandoned.
(b) Soil Conditions. The soil suitability concerning the construction of basements.
(Ord. 19-10. Passed 11-7-19.)
1111.18 ASSOCIATION AGREEMENTS AND COVENANTS.
(a) Agreement Requirement. Prior to Final Plat approval, the Planning Commission may require the subdivider to establish deed restrictions, covenants and/or an association of property owners or homeowners to assure that capital improvements, conservation areas, buffers, common ownership improvements and areas, easements, landscaping, public improvements, public access area or way, public right-of-way, flood area, waterway parklands, natural features and reserve areas are maintained, protected, and adequately funded at all times. The Village Solicitor shall review and approve such documents and require the addition of provisions that are deemed necessary to protect the Village and assure compliance.
(b) Inspection and Audit. The Village Planning Commission of the Village shall audit and inspect these agreements, easements, and covenants to assure the agreements are maintained, conditions sustained, and maintenance programs are funded properly.
(c) Appeal for Temporary Relief. The Planning Commission of the Village shall be named as the appeal organization for all decisions where conditions may require relief from a provision of such agreement or covenant. Such if approved shall require surety or a bond to be established to the satisfaction of the Village Solicitor to insure compliance and restoration.
(Ord. 19-10. Passed 11-7-19.)
1111.19 SURETY, BONDS AND INSURANCE.
Prior to final approval of the Village Council, the subdivider shall provide the following surety, bonds, and insurances.
(a) Construction Improvement Bond Requirement. The subdivider shall provide a performance bond secured by a Letter of Credit or a Pledge Account that in form and content is to the approval of the Village Solicitor: Said bond shall be in one of the following forms:
(1) The subdivider shall deposit a cash security with a local bank or a Letter of Credit in the amount of one hundred and ten percent (110%) of the approved estimated cost of the improvements including but not limited to common area improvements, erosion and sediment control, driveway aprons, landscape, and sidewalks as required by the Planning Commission. Said security shall be in favor of the Village of North Perry who shall have sole control of disbursement. The local bank shall be directed to pay out portions of the cash security towards the completion of said Subdivision Improvements only with the approval of the Village Engineer who shall require a balance to be maintained which, in his opinion, is sufficient to complete said improvements including administrative costs in accordance with the plans and specifications of the Village.
(2) A maximum time period of one (1) year is allowed for the completion of required Subdivision Improvements. In the event said Subdivision Improvements are not constructed within one (1) year time period or not maintained, the Village shall have the option after thirty (30) days written notice to the subdivider to complete and maintain said Subdivision Improvements and to collect and receive from the local bank any remaining balance of said deposit to be applied toward payment of all costs and expenses of administrating and completing said Subdivision Improvements; or: The subdivider may petition the Village Council to construct said
Subdivision Improvements and assess the total against the benefiting lots if approved by the Village Council, the subdivider shall furnish the Village with a bond, and with surety to the satisfaction of the Solicitor, guaranteeing the payment of the assessments as they fall due. Said bond may provide that as structures are constructed and sold to individual owners, the amount of the bond shall be reduced not more than once each year in proportion to the amount of the assessment against such lots. When structures have been completely constructed the bond shall be released.
(3) The subdivider may furnish a surety bond in the principal amount of the estimated cost of said Subdivision Improvements with surety to the satisfaction and in such form as is approved by the Solicitor, guaranteeing completion and maintenance of said Subdivision Improvements according to approved plans, profiles and specifications. Said bond shall remain in effect until said Subdivision Improvements have been completed and maintained as provided in these Subdivision Rules and until released by authority of Council. Said bond shall provide that upon default of performance by the subdivider, the Village may complete the same after thirty (30) days written notice and failure to cure within said 30 days by the subdivider.
(b) Restoration Bond. In addition to the required construction improvement performance bond, the Village Engineer shall require a restoration bond. Said bond shall be to insure restoration and repair of any damage done to street pavement, landscaping, natural area or other items within all rights-of-way and properties accessing the subdivision and required buffer areas. The amount of said bond shall be as determined by the Village Engineer based on his estimate of potential damage.
(c) Indemnity Insurance. A policy of indemnity insurance in the amount of at least one million dollars ($1,000,000) personal injury and bodily injury and five hundred thousand ($500.000) property damage and a contractual liability insurance policy protecting the Village against any claims for damage to person or property resulting from or by reason of the construction of the abovementioned improvements shall be furnished to the Village and maintained in force by the subdivider. The insurance shall name the Village as an additional insured in the policy. The insurance policy shall remain in full force and effect until all improvements are completed and maintained until dedication occurs to the satisfaction of the Village Council.
(Ord. 19-10. Passed 11-7-19.)
1111.20 FINAL PLAT APPROVAL.
(a) Association Agreements, Covenants, Easements and Deed Restrictions. Before the Village Council meeting and Public Hearing to consider this application, the subdivider shall deliver to the Village Clerk a bond and other items as required including all association agreements, covenants, easements and deed restrictions for approval by the Village Solicitor.
(b) Document Requirements. Twelve (12) copies of the approved Final Plat, Construction Improvement Plans, and supporting data as required shall be submitted to the Village Zoning Inspector at least twenty (20) days prior to the meeting at which the Final Plat and Construction Improvement Plans are to be considered by the Village Council. The Zoning Inspector shall within five (5) days submit two (2) copies to the Village Engineer and the Village Solicitor for review. The Village Engineer shall confirm the plat and improvement plans comply with all Planning Commission approval requirements. The Village Engineer, Village Solicitor, and Zoning Inspector shall document their approval or rejection of these documents. Based on these recommendations, if corrections or modifications are required, the Planning Commission shall return the affected documents to the subdivider the Final Plat and require re-submittal of corrected documents, at which time the twenty (20) day cycle shall begin again.
(c) Schedule of Meeting. If approved by the Planning Commission, the Plat together with the Planning Commission's recommendation shall then be forwarded to the Village Council for consideration at the next regular meeting.
(d) Meeting and Decision Options. The Village Council shall within one hundred twenty (120) days from the date of recommendation of the Planning Commission:
(1) Schedule and conduct a Public Hearing on the subdivision before a decision of approval.
(2) Approve the plans and documents as submitted.
(3) Request the plans and documents be corrected or modified and returned at the next regular meeting, when the one hundred and twenty (120) day cycle shall begin again.
(4) Conditionally approve the plans and documents and stipulate the conditions of such approval. All stipulations and conditions shall be made or corrected, and shall be submitted to the Zoning Inspector on revised and redrawn engineering drawings, who shall within five (5) days forward such documents for review and approval by the Zoning Office and the Village Engineer. Such approval shall be submitted to the Village Council at their next regular meeting for verification before further action may be considered, when the One hundred twenty (120) day cycle shall begin again if the subdivider has waived the time line.
(5) The Village Council may disapprove the plan and express the reasons therefore. Once disapproved, the subdivider may appeal the decision within sixty (60) days or it shall be considered final.
(e) Endorsement of Plat. Upon review and approval of said items by the Village Council the Village Engineer, the Village Solicitor, Mayor and the Clerk-Treasurer shall sign and date the final plat to indicate the Village Council approval.
(f) Approval Limitation. Approval of a Final Plat by the Planning Commission, the Village Council, Village Engineer, Mayor, Solicitor, and Clerk-Treasurer shall not be an acceptance of any street or highway or other way or open space upon the plat.
(g) Time Limitation. The required bonds and surety shall be secured and posted within six (6) months from the date of Council's approval or the plan shall be null and void.
(Ord. 19-10. Passed 11-7-19.)
1111.21 APPROVAL BY OTHERS.
Utility approvals and endorsements and assurance of available capacity not to be limited to the telephone, electric, cable, gas, sanitary, and water shall be required and endorsed on the Final Plat prior to the submission to the Zoning Inspector.
(Ord. 19-10. Passed 11-7-19.)
1111.22 RECORDING OF PLAT.
(a) Time Limit. The final plat including the necessary approvals and endorsements in writing thereon shall be recorded in the office of the Lake County Recorder no later than six (6) months after the date of approval by the Village Council or the plan shall be null and void.
(b) Required Distribution of Plat. A full size copy of the final plat as recorded shall be submitted to the Village Engineer, Zoning Inspector and the Village Solicitor within ten (10) working days of such recording.
(Ord. 19-10. Passed 11-7-19.)
1111.23 ACCEPTANCE OF STREETS.
(a) As-Built-Documents. Upon completion of the subdivision, "as built plans" based on field construction, observations and supported by Village inspection records shall be submitted by the subdivider to the Village Engineer for approval.
(b) Ordinance Requirement. The Village Engineer shall not approve a plat constituting an acceptance of a street for public use by the Village as provided in Ohio R.C. 711.091 until such time as the Village Council has enacted an ordinance accepting such street or streets for public use by the Village or other entity.
(c) Prior Resolution of Costs. All bonds, costs, fees and deposits owed to North Perry Village as required by these Subdivision Rules shall be paid in full before the Village Council may enact an ordinance to accept any street.
(d) Application to Village Council. The subdivider shall apply to the Village Council for final approval of the As-Built plat and Acceptance of Streets. The subdivider shall submit to the Zoning Inspector twelve (12) copies of the approved As-Built plat and other necessary documentation twenty (20) days in advance of the meeting of the Village Council where it shall be considered.
(1) Engineer Certification. The subdivider shall provide a certification by the Village Engineer stating the subdivider has designed and installed all improvements in accordance with the provisions of these Subdivision Rules and any conditions set forth by the Planning Commission and the Village Council in their approval of the subdivision plans.
(2) Subdivider Certification. The subdivider shall provide a signed and notarized certification stating all improvements have been designed and installed in accordance with the provisions of these Regulations, and any conditions set forth by the Planning Commission and the Village Council in their prior approval of the subdivision plans. The certification shall further state the offering of dedication of streets, rights-of-way, conservation areas, and any sites for public use or reserved by deed covenants for public or common use by property owners.
(3) Title Commitment and Surety. The subdivider shall provide documentation to the Village Council which shall include a Title Commitment in a form and an amount that shall be to the satisfaction of the Village Solicitor to insure deeds and titles to all open land, dedicated lands, and rights-of-way are proper and shall be recorded. The subdivider shall provide for the payment of fees, administrative costs, certifications and insurances associated with all street acceptance activities.
(4) Subdivider shall provide certification by the Design Engineer of record, stating that the on-site improvements have been built in accordance with the original design specifications.
(Ord. 19-10. Passed 11-7-19.)
1111.24 MODIFICATIONS APPROVED BY PLANNING COMMISSION.
(a) According to Ohio R.C. 711.09(C) and §711.101, the Village Planning Commission may modify the requirements of these Subdivision Regulations in specific cases where unusual topographical or other exceptional conditions require such modifications, or in the case of improvements, where unusual or exceptional factors or conditions require such modifications.
(1) The Village Planning Commission may permit such modification when it determines that such relief does not violate the intent of these regulations and will not be detrimental to the public interest. Under no circumstances shall a modification be granted under this section to any requirements of the zoning code.
(2) In granting a modification, the Village Planning Commission may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements of these Regulations.
(3) An application for any such modification shall be submitted in writing by the subdivider for the consideration of the Village Planning Commission. The application shall state fully the grounds for the modification requested and all the facts relied upon by the applicant.
(b) Appeal of Planning Commission Waiver. The decision of the Planning Commission may be appealed by petition of any North Perry Village resident or property owner to the Village Council. Such petition may be filed at any time prior to the endorsement of the Final Plat by the Village Council. A reversal of a Planning Commission recommendation shall require a 3/4 vote of the Village Council. (Ord. 19-10. Passed 11-7-19.)
1111.25 REVISION OF FINAL PLAT AFTER APPROVAL.
No changes, erasures, modifications or revisions shall be made to any final plat of a subdivision after approval by Village Council and an endorsement is made in writing on a final plat, unless that final plat is first resubmitted and the changes approved by the Planning Commission and Village Council, except that minor technical adjustments or corrections that do not significantly change the plan as approved may be made with the written combined approval of the Village Solicitor, Engineer and Mayor. Such approved changes shall be distributed to the Planning Commission and the Village Council.
(Ord. 19-10. Passed 11-7-19.)
1113.01 APPEALS TO THE BOARD OF ZONING APPEALS.
Appeals shall be made in writing to the Zoning Inspector for referral to the Board of Zoning Appeals. All such appeals may be made by any person grieved or by any officer of the Village affected by any decision of the Zoning Inspector. Such appeal shall be submitted in writing within twenty (20) days after the decision.
(Ord. 19-10. Passed 11-7-19.)
1113.02 INITIATION OF APPEAL.
(a) Upon the filing of an appeal, the Zoning Inspector shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
(b) For the purposes of this Chapter, an applicant’s request for a variance from the terms of this Code shall be considered as an appeal to the Board of Zoning Appeals, subject to the regulations set forth in this Chapter.
(c) All appeals shall be submitted with the required fees, if applicable, as established in the North Perry Village fee schedule.
(Ord. 19-10. Passed 11-7-19.)
1113.03 BOARD OF ZONING APPEALS HEARING OF APPEAL.
(a) Upon the filing of appeal with the Board of Zoning Appeals, the Board of Zoning Appeals shall fix a reasonable time for the public hearing of the appeal, giving ten (10) days’ notice to the parties in interest, and decide the same within thirty (30) days after it is submitted.
(b) The “parties of interest” who shall be notified of the hearing on appeal to the Board of Zoning Appeals shall include: (i) the applicant for the zoning permit; (ii) the person grieved who appealed to the Board if different that the applicant for the zoning permit; (iii) the owners of the property within and contiguous to and directly across the street from such parcel or parcels which are subject of the appeal, to the addresses of such owners appearing on the County Auditor’s current tax list and (iv) such other individual or individuals as the Board of Zoning Appeals shall determine.
(c) The notice to the parties of interest herein required shall be satisfied by one publication in a newspaper of general circulation in the Village at least ten days prior to the hearing, sending by first class mail or hand delivery a notice to the parties of interest living within the area set forth in Section 1113.03(b) within ten days before the date of the Public Hearing. The notice shall give the name of the applicant for a zoning permit, the name of the owner of the premises involved, the address and road on which the premises is located, and the time and place of hearing on the appeal.
(d) The appellant and the officer whose act or omission is the subject matter of appeal shall have the right to appear in person and with legal counsel as well as any person in interest may appear at the public hearing in person or by attorney.
(e) The Board may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(f) In considering the appeal, competent evidence may be presented directly affecting the subject matter of appeal.
(Ord. 19-10. Passed 11-7-19.)
1113.04 STAY OF PROCEEDINGS.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the application, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown. (Ord. 19-10. Passed 11-7-19.)
1113.05 DECISION OF THE BOARD OF ZONING APPEALS ON APPEALS.
(a) The Board of Zoning Appeals shall determine such appeals within sixty (60) days after the filing thereof.
(b) Within its powers, the Board of Zoning Appeals may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit or certificate.
(Ord. 19-10. Passed 11-7-19.)
1113.06 VARIANCES.
The Board of Zoning Appeals may authorize upon appeal in specific cases a variance from the terms of this Planning and Zoning Code as will not be contrary to the public interest according to the following procedures.
(Ord. 19-10. Passed 11-7-19.)
1113.07 VARIANCE APPLICATION REQUIREMENTS.
An application for a variance shall be filed for review by the Board of Zoning Appeals. The application shall include all such forms, maps, and information, as may be prescribed for that purpose by the Zoning Inspector to assure the fullest practicable presentation of the facts for the permanent record, including:
(a) The completed application form, along with the appropriate review fee;
(b) Legal description of property or portion thereof;
(c) Description or nature of variance requested;
(d) Narrative statements establishing and substantiating the justification for the variance pursuant to the criteria in Section 1113.08(b); and,
(e) A plan, neatly and legibly drawn to adequately depict the information showing the following, where applicable:
(1) The lot/parcel identification of the subject site and the adjacent parcels;
(2) The street providing access to the lot as well as the location and setback of driveways;
(3) The actual dimensions of the lot, the setbacks and other open space dimensions thereof and the location and size of any existing structures thereon;
(4) The location and size of the proposed structure, and/or the proposed enlargement of existing structures;
(f) List of all owners of the property contiguous to and directly across the street from the property for which the variance is requested.
(g) Any other information, including but not limited to floor plans and other drawings at a reasonable scale to convey the need for the variance, which, in the judgment of the Zoning Inspector, may be necessary to provide for the enforcement of this Code.
(h) If a verbatim record is desired by the appellant, he/she shall furnish the court reporter and bear the expense of typing said record.
(Ord. 19-10. Passed 11-7-19.)
1113.08 BOARD OF ZONING APPEALS REVIEW OF VARIANCE REQUEST.
(a) Hearing and Notice. The Board of Zoning Appeals shall schedule a hearing to review the variance application and give notice of the same.
(1) Upon such application being filed, the Zoning Inspector shall provide written notice to the owners of all properties directly contiguous to the property for which the variance is requested.
(2) Such notice shall be provided by first class mail or hand delivery, at least ten (10) days before the date of the Board of Zoning Appeals hearing at which the variance will be considered. Such notice shall be mailed to the address of such property owners appearing on the County Auditor's current tax list. The failure of delivery of such notice shall not invalidate any determination made by the Board.
(b) Factors for Review of Variance Application. The Board of Zoning Appeals shall review each application for a variance to determine if it complies with the purpose and intent of this Zoning Code and evidence demonstrates that the literal enforcement of this Zoning Code will result in practical difficulty.
(1) In determining practical difficulty, the Board of Zoning Appeals shall consider and weigh the following factors when determining whether the applicant will experience practical difficulties:
A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
B. Whether the variance is substantial.
C. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
D. Whether the variance would adversely affect the delivery of governmental services.
E. Whether the property owner purchased the property with knowledge of the zoning restriction.
F. Whether the property owner's predicament feasibly can be obviated through some method other than a variance.
G. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(2) The Board of Zoning Appeals shall not grant a variance unless it shall, in each case, make specific findings of fact directly based upon the particular evidence presented to it from the factors above.
(c) Requests for Additional Information. The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
(Ord. 19-10. Passed 11-7-19.)
1113.09 DECISION OF THE BOARD OF ZONING APPEALS ON VARIANCES.
(a) Within sixty (60) days after the hearing concludes, the Board of Zoning Appeals shall make a decision on the application. The Board shall: approve; approve with supplementary conditions; or disapprove the request.
(b) The Board of Zoning Appeals may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met. Violation of such conditions and safeguards, when made a part of the terms under which the application is granted, shall be deemed a violation punishable under Chapter 1115, Enforcement and Penalties.
(Ord. 19-10. Passed 11-7-19.)
1113.10 REVIEW OF NONCONFORMING USES, STRUCTURES AND LOTS.
The Zoning Board of Appeals shall review applications regarding a nonconforming use, structure, or lot as specified in Chapter 1145, as an appeal, and may authorize such application with such conditions and limitations as the Board shall deem in the public interest.
(Ord. 19-10. Passed 11-7-19.)
1113.11 APPEAL OF BOARD OF ZONING APPEAL’S DECISION.
Any party adversely affected by a decision of the Board of Zoning Appeals may appeal to the County Court of Common Pleas in accordance with the laws of the State.
(Ord. 19-10. Passed 11-7-19.)
1115.01 ENFORCEMENT BY ZONING INSPECTOR.
(a) This Planning and Zoning Code shall be enforced by the Zoning Inspector.
(b) It shall also be the duty for all officers and employees of the Village and members of the Police Department to assist the Zoning Inspector by reporting to him upon new construction, reconstruction or land use, or upon seeming violations.
(Ord. 19-10. Passed 11-7-19.)
1115.02 CONSTRUCTION AND USE SHALL BE AS APPROVED.
Permits, certificates and other approvals issued or granted as set forth in this Planning and Zoning Code on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto. Use, arrangement or construction contrary to that authorized shall be deemed a punishable violation of this Code. (Ord. 19-10. Passed 11-7-19.)
1115.03 VIOLATIONS AND INSPECTION.
(a) It shall be unlawful to construct, reconstruct, enlarge, change, maintain or use any building or to use any land in violation of any regulation or any provision of this Planning and Zoning Code or any amendment thereto.
(b) Whenever it comes to the attention of the Zoning Inspector that work of any kind is being carried out contrary to the provisions of this Planning and Zoning Code, he shall issue a stop-work order to the owner of the premises, or the agent of such owner or to the person doing such work and shall post at the site of the work a distinctive placard notifying the public and all concerned that the work at the site has been stopped by official order.
(Ord. 19-10. Passed 11-7-19.)
1115.04 PROTEST OF ZONING PERMIT VIOLATION.
Any person interested may protest, in writing, the violation of such permit. In such case it shall be the duty of the Zoning Inspector upon receipt of a written protest to order the work stopped on the construction, or the use held in abeyance or discontinued. The use or structure shall conform to this regulation within sixty (60) days or be removed.
(Ord. 19-10. Passed 11-7-19.)
1115.05 PENALTIES FOR VIOLATIONS.
The owner or owners of any buildings or premises or part thereof, where anything in violation of this Planning and Zoning Code shall be placed or shall exist without proper authorization by the Zoning Inspector or Planning Commission or Board of Appeals, any architect, builder, contractor or worker who may be employed to assist in the commission of any such violation and all persons, firms or corporations who shall violate any of the provisions of this Planning and Zoning Code or fail to comply therewith, or any requirements thereof, or who shall build in violation of a detailed statement of plans submitted and approved thereunder shall for each and every violation or noncompliance be guilty of a misdemeanor, and upon conviction therefor be fined not more than five hundred dollars ($500.00). Each day during which such violation shall continue, after notification, shall constitute a separate offense. Any person, firm or corporation who fails to comply with or violates any of the Subdivision Regulations shall be subject to penalties as set forth in the Ohio Revised Code.
(Ord. 19-10. Passed 11-7-19.)
1117.01 AUTHORITY FOR AMENDMENTS.
The regulations imposed and the districts created under this Planning and Zoning Code may be amended from time to time by resolution duly enacted by the Village Council according to the procedures in this Chapter of the Planning and Zoning Code.
(Ord. 19-10. Passed 11-7-19.)
1117.02 INITIATION OF ZONING AMENDMENTS.
Amendments to this Planning and Zoning Code shall be initiated in one of the following ways:
(a) By adoption of a resolution by Village Council.
(b) By adoption of a motion by the Planning Commission.
(c) By the filing of an application to the Planning Commission by at least one owner or lessee of property or developer with an option to purchase property within the area proposed to be changed or affected by said amendment. The owners of at least fifty percent (50%) of the land in the affected zoning district shall be able to present a petition duly signed and acknowledged to Council requesting an amendment of the regulations prescribed for such area.
(Ord. 19-10. Passed 11-7-19.)
1117.03 AMENDMENTS INITIATED PROPERTY OWNER(S).
An application for a zoning text or zoning map amendment initiated by at least one owner or lessee of property or developer with an option to purchase such property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:
(a) Discussion with Planning Commission. Prior to submitting an application for an amendment to the Planning and Zoning Code and/or the Zoning Map, the applicant shall appear before the Planning Commission to informally discuss the proposed amendment. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations of the Planning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval of the proposed amendment.
(b) Submission Requirements. An application for amendment to the Planning and Zoning Code and/or the Zoning Map shall be in such form and contain such information as shall be prescribed from time to time by the Zoning Inspector, including the information listed below:
(1) The name, address and phone number of the applicant and the property wner if other than the applicant;
(2) A statement of the reason(s) for the proposed amendment;
(3) A statement on the ways in which the proposed amendment relates to the adopted plans and policies of the Village;
(4) Additional information, including:
A. The parcel numbers and the exact dimensions of the properties involved
B. Legal description of the parcel(s) to be rezoned, drawn by an Ohio registered/licensed surveyor;
C. Present use and zoning district; and the proposed use and zoning district;
D. A vicinity map at a scale approved by the Zoning Inspector showing the existing conditions including: zoning, property lines, streets, structures, and such other items as the Zoning Inspector may require;
(5) When the application includes an amendment to section(s) of the Planning and Zoning Code, the application shall include the proposed amendment or addition to the Code, specifying the existing and proposed section number(s).
(6) Payment of the application fee as established by Council.
(c) Acceptance of Application and Transmittal to Planning Commission. The Zoning Inspector shall review the submitted application for completeness in accordance with Section 1107.02(d). When the application is determined complete, the Zoning Inspector shall officially accept the application for consideration and transmit the application to the Planning Commission.
(Ord. 19-10. Passed 11-7-19.)
1117.04 PLANNING COMMISSION REVIEW AND RECOMMENDATION.
(a) A proposed amendment to the Planning and Zoning Code initiated by Council or initiated by a property owner through a completed application shall be referred to the Village Planning Commission for their consideration and recommendation thereon.
(b) If the Planning Commission has initially proposed the matter to Council in the form of an ordinance, then the provisions herein of referral to the Planning Commission for recommendation shall not be applicable.
(c) The Planning Commission shall recommend one of the following:
(1) That the amendment be approved as requested,
(2) That the amendment be approved as modified by the Planning Commission as the Commission may deem reasonable or necessary, or
(3) That the amendment be denied. If no action has been taken by Planning Commission within sixty days from the first regular meeting following receipt of the application, unless extended by the Planning Commission with written consent of the applicant, then the proposed amendment shall be deemed to have been denied by the Planning Commission. The secretary of the Planning Commission shall forthwith transmit to the Clerk of Council either the recommendation of the Commission, or the fact that the Commission has not made a recommendation on such application within its allotted time period.
(Ord. 19-10. Passed 11-7-19.)
1117.05 PUBLIC HEARING AND ACTION BY COUNCIL.
(a) Council shall, upon receipt of such recommendation, set a time for a public hearing on such proposed amendment, which date shall not be more than one hundred and twenty (120) days nor less than thirty (30) days from the date of the receipt of such recommendation from the Planning Commission.
(1) Notices shall be provided according to the following:
A. Notice of the public hearing shall be given by Council in a paper of general circulation and on the Village website at least thirty (30) days in advance of the public hearing.
B. If the amendment intends to rezone ten or fewer 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 or hand delivered, at least twenty (20) days before the date of the public hearing to all owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the Lake County auditor's current tax list. The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation.
(2) Notices shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that the opportunity to be heard will be afforded to any person interested.
(3) During the thirty (30) days prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the recommendation of the Planning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.
(4) Council may recess such hearing from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(b) After the conclusion of the public hearing, Council shall take action within 90 days on the proposed amendment.
(1) Council’s action shall either:
A. Adopt the recommendation of the Planning Commission;
B. Deny the recommendation of the Planning Commission; or
C. Adopt some modification thereof.
(2) In the event Council adopts the recommendation of the Planning Commission, concurrence by a majority of the full Council members shall be required. In the event Council elects to overrule the recommendation of the Planning Commission, concurrence by three-fourths of the full Council members shall be required. Wherein Council fails to obtain such three-fourths vote, the recommendation of the Commission shall be considered as approved.
(3) Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement if such amendment to the proposal is germane to the subject matter thereof and is in accordance with the recommendation of the Planning Commission.
(Ord. 19-10. Passed 11-7-19.)
1117.06 EFFECTIVE DATE OF AMENDMENT.
Such amendment adopted by Village Council shall become effective thirty (30) days after the date of such adoption, unless within such thirty (30) days after the adoption of the amendment there is presented to Council a referendum petition, the rules for such a petition being governed by the Ohio Revised Code. (Ord. 19-10. Passed 11-7-19.)