Norwalk City Zoning Code
TITLE FIVE
Zoning Administration
1130.01 TITLE.
This Ordinance shall be known and may be cited and referred to as the “City Zoning Ordinance.” The map that accompanies this Ordinance and is hereby incorporated herein and made part hereof, shall be referred to as the “Official City Zoning Map.”
1130.02 PURPOSE.
This Ordinance is enacted for the purpose of promoting public health, safety, convenience, comfort, prosperity, or general welfare; for providing limitations and regulation of the height, bulk, and location including percentage of lot occupancy, set back building lines, area and dimension of yards, courts, and other open spaces, the uses of buildings and other structures, and of the premises in such zones or districts. This Ordinance is in accordance with powers granted by the Revised Code of the State of Ohio (ORC), Section 713.06.
1130.03 INTERPRETATION AND RELATIONSHIP TO OTHER REGULATIONS.
The interpretation and application of the provisions of this Ordinance shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, and general welfare. When the requirements of this Ordinance conflict with the requirements of any other lawfully adopted rules, regulations, or Ordinances, the most restrictive or those imposing the higher standards shall govern.
1130.04 SEPARABILITY.
Should any section of this Ordinance be declared by a court to be unconstitutional, or invalid, such a decision shall not affect the validity of this Ordinance as a whole, or any other parts thereof, other than the part declared unconstitutional or invalid.
1130.05 REPEAL OF CONFLICTING ORDINANCES.
All ordinances in conflict with this Ordinance or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.
1130.06 EFFECTIVE DATE.
This Ordinance shall become effective from and after the date of its approval and adoption, as provided in ORC 713.06.
1130.07 AREA OF JURISDICTION.
The provisions of this Ordinance apply to all incorporated areas of the City of Norwalk, Ohio.
1131.01 GENERAL APPLICABILITY OF ZONING ORDINANCE.
No structure, or part thereof, shall be placed upon or moved onto land, erected, constructed, reconstructed, enlarged, or structurally altered, nor shall any building or land be used or occupied which does not comply with the district regulations established by this Ordinance for the district in which the building, structure, and/or land is located.
A. Lot Size Requirements and the Subdivision of Land
No parcel of land held under one ownership, with or without a building, at the time this Ordinance became effective shall be reduced, nor shall any such parcel be subdivided in any manner below the minimum lot width and lot area required by this Ordinance.
B. Reductions in Yard Requirements
No building may be enlarged which would result in decreasing a minimum yard requirement below the requirements of the applicable zoning district.
C. Location of Uses on a Single Lot
Unless otherwise specifically allowed, every principle building hereafter erected, relocated, or structurally altered shall be located on a single lot as herein defined.
D. Unsafe Buildings
Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition any structure, or part thereof, declared unsafe by a proper authority.
E. Conversion of Dwellings
The conversion of any building into a dwelling or the conversion of any dwellings to accommodate an increased number of dwelling units or families, is permitted only in accordance with all requirements of this Ordinance including those that require minimum lot sizes (Refer to Section 1173.03).
F. Parking/Loading Requirements
No land use may change from one (1) use to another without meeting the parking/loading requirements for the new use.
1133.01 GENERAL.
This Chapter states the general applicability of this Ordinance and stipulates the procedures to be followed in obtaining permits, certificates, and other legal or administrative approvals under this Ordinance.
1133.02 ZONING PERMITS REQUIRED.
A. No building or other structure (including accessory structure) shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a permit issued by the Zoning Inspector.
B. Zoning Permits shall be issued only in conformity with the provisions of this Ordinance unless the Zoning Inspector receives a written order from the Board of Zoning Appeals deciding an appeal or variance or from City Council approving a Planned Unit Development upon recommendation from the Planning Commission, as provided by this Ordinance.
C. No zoning permit shall be issued for any modifications described in Section 157.05 of any structure within the City of Norwalk Architectural District boundaries as defined in Section or any other historical district that may be hereinafter developed within the City, unless such modifications have received a Certificate of Appropriateness from the Board of Architectural Review.
D. No zoning permit shall be issued for the construction of any public building or part thereof unless the location, character and extent thereof has been approved by the Planning Commission as required by Ohio R.C. 713.02.
(Ord. 2003-077. Passed 12-16-03.)
1133.03 CONTENTS OF APPLICATION FOR ZONING PERMIT.
The application for Zoning Permit shall be made in writing and signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one (1) year or substantially completed within two (2) years. At a minimum, the application shall contain the following information and be accompanied by all required fees:
A. Name, address, and phone number of applicant.
B. Legal description of property.
C. Existing use.
D. Proposed use.
E. Zoning district.
F. Plans in triplicate, drawn to scale, showing actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alterations.
G. Building height.
H. Number of off-street parking spaces and loading berths and their layout.
I. Location and design of access drives.
J. Number of dwelling units.
K. If applicable, application for a sign permit or a conditional use permit, unless previously submitted.
L. A Zoning Permit shall be secured before construction or alteration of any sign or outdoor advertising device requiring such Permit.
M. Such other documentation as may be necessary to determine conformance with to provide for the enforcement of this Ordinance.
1133.04 APPROVAL OF ZONING PERMIT.
Within ten (10) days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Ordinance. One (1) copy of the plans shall be returned to the applicant as either approved or disapproved and attested to same by his or her signature on such copy. One (1) copy of the plans similarly marked shall be retained by the Zoning Inspector. 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 in conformance with the provisions of this Ordinance.
1133.05 EXPIRATION AND EXTENSION OF ZONING PERMIT.
A. A zoning permit shall expire if the work described in the permit is not completed within one (1) year from the date of issuance thereof.
B. The expiration date shall be clearly delineated on all zoning permits.
C. Upon written request, a six-month extension of the zoning permit may be granted in writing at the discretion of the Zoning Inspector for good cause.
(Ord. 2001-90. Passed 9-18-01.)
1133.06 CERTIFICATE OF OCCUPANCY.
EDITOR’S NOTE: Former Section 1133.06 was repealed by Ordinance 2013-025, passed May 21, 2013.
1133.07 TEMPORARY CERTIFICATE OF OCCUPANCY.
(EDITOR’S NOTE: Former Section 1133.07 was repealed by Ordinance 2001-35, passed May 1, 2001.)
1133.08 RECORD OF ZONING PERMITS AND CERTIFICATES OF OCCUPANCY.
The Zoning Inspector shall maintain a record of all zoning permits and certificates of occupancy, and copies shall be kept on file in the office of the Zoning Inspector or his or her agent. Copies shall be furnished to any person upon request and payment of the established fee.
1133.09 FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY.
Failure to obtain a Zoning Permit or Certificate of Occupancy shall be a punishable violation of this Ordinance under Section 1133.016.
1133.010 CONSTRUCTION AND USE AS PROVIDED IN APPLICATIONS, PLANS, AND PERMITS.
Zoning Permits and Certificates of Occupancy issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereof, and no other use, arrangement or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Ordinance.
1133.011 ENTRY AND INSPECTION OF PROPERTY.
The Zoning Inspector is authorized to make inspections of properties and structures in order to examine and survey the same at any reasonable hour for the purpose of enforcing the provisions of this Ordinance. Prior to seeking entry to any property or structure for such examination or survey, the Zoning Inspector shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Zoning Inspector shall request the assistance of the Law Director in securing a valid search warrant prior to entry.
1133.012 STOP WORK ORDER.
Subsequent to his or her determination that work is being done contrary to this Ordinance, the Zoning Inspector shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by order of the Zoning Inspector, shall constitute a punishable violation of this Ordinance.
1133.013 ZONING PERMIT REVOCATION.
The Zoning Inspector may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Ordinance or based upon false information or misrepresentation in the application.
1133.014 NOTICE OF VIOLATION.
Whenever the Zoning Inspector determines that there is a violation of any provision of this Ordinance, a warning shall be issued and shall serve as notice of violation. Such order shall:
A. Be in writing.
B. Identify the violation.
C. Include a statement of the reason or reasons why it is being issued and refer to the sections in this Ordinance being violated.
D. State the time by which the violation shall be corrected.
E. Service of notice of violation shall be as follows:
1. By personal delivery to the person or persons responsible or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion.
2. By certified mail deposited in the U.S. Post Office addressed to the person or persons responsible at a last known address. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Zoning Inspector. Service shall be deemed complete when the fact of mailing is entered of record provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.
3. By posting a copy of the notice form in a conspicuous place on the premises found in violation.
1133.015 TICKETING PROCEDURE.
If, upon re-inspection following the issuance of a notice of violation, the condition has not been corrected, the person or persons responsible shall be issued a ticket. Such ticket shall:
A. Be served personally.
B. Be in writing.
C. Identify the violation.
D. State the time, date, and place for appearance in court.
E. State the amount of the fine payable in lieu of a court appearance.
F. If the ticket cannot be served personally, the Zoning Inspector shall request that a summons be issued by the Court.
1133.016 PENALTIES FOR VIOLATION.
(A) It shall be unlawful to erect, establish, locate, construct, reconstruct, enlarge, change, convert, move, repair, maintain, or structurally alter any building, structure, or land in violation of any provision of this Ordinance or any amendment thereto.
(B) It shall be unlawful to make use of any land, building or structure, or to conduct any business or activity on or in any land, building or structure in violation of any provision of this Ordinance or any amendment thereto.
(C) A violation of division (A) or (B) shall constitute a minor misdemeanor on the first offense and shall be fined not more than one hundred fifty dollars ($150.00) and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. A subsequent conviction for the same conduct shall constitute a misdemeanor of the fourth degree. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation, may be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 2015-027. Passed 7-7-15.)
1133.017 ADDITIONAL REMEDIES.
Nothing in this Ordinance shall be deemed to abolish, impair, or prevent other additional remedies as provided by law. In the event of a violation of any provision or requirement of this Ordinance, or in the case of an imminent threat of such a violation, the Zoning Inspector, the Law Director, or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourse provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.
1135.01 PURPOSE.
This Chapter sets forth the powers and duties of the Zoning Inspector, Planning Commission, the Board of Zoning Appeals, and the City Council with respect to the administration of the provisions of this Ordinance.
1135.02 GENERAL PROVISIONS.
The formulation, administration, and enforcement of this Zoning Ordinance is hereby vested in the following offices and bodies within the City of Norwalk government:
A. Zoning Inspector.
B. Planning Commission.
C. Board of Zoning Appeals.
D. City Council.
1135.03 ZONING INSPECTOR.
A Zoning Inspector designated by the Mayor shall administer and enforce this Ordinance. He or she may be provided with the assistance of such other persons as the Mayor may direct.
A. Duties of the Zoning Inspector
For the purpose of this Ordinance, the Zoning Inspector shall have the following duties:
1. Enforce the provisions of this Ordinance and interpret the meaning and application of its provisions, as well as take all necessary steps to remedy any condition found in violation by ordering in writing the discontinuance of illegal uses or illegal work in progress. Request the Law Director to commence appropriate legal action when necessary.
2. Respond to questions concerning applications for amendments to the Zoning Ordinance text and the Official City Zoning Map.
3. Issue Zoning Permits and certificates for occupancy as provided by this Ordinance and keep a record of same with a notation of any special conditions involved.
4. Act on all applications upon which he or she is authorized to act by the provisions of this Ordinance within thirty (30) days, or notify the applicant in writing of refusal or disapproval of such application and the reasons therefor. Failure to notify the applicant in case of such refusal or disapproval within the specified time shall entitle the applicant to submit his or her request to the Board of Zoning Appeals.
5. Conduct inspections of buildings and uses of land to determine compliance with this Ordinance and in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.
6. Maintain in current status the Official City Zoning Map which shall be kept on permanent display in the City Offices.
7. Maintain permanent and current records required by this Ordinance including, but not limited to, Zoning Permits, zoning certificates, inspection documents. Records of all variances, amendments, and conditional uses shall be kept by the Clerk of Council.
8. Make such records available for the use of the City Council, the Planning Commission, the Board of Zoning Appeals, and the public.
9. Review and approve site plans pursuant to this Ordinance.
10. Determine the existence of any violations of this Ordinance and cause such notifications, revocation notices, stop orders, or tickets to be issued, or initiate such other administrative or legal action as needed to address such violations.
11. Prepare and submit an annual report to the City Council and Planning Commission on the administration of this Ordinance, setting forth such information as may be of interest and value in advancing and furthering the purpose of this Ordinance. Such report shall include recommendations concerning the schedule of fees.
1135.04 PLANNING COMMISSION.
The Planning Commission is designated by the Mayor according to Section 1135.04A below. The main function of the Planning Commission is to make recommendations to the City Council concerning site plans and changes to the zoning code. More specific responsibilities are detailed in the City of Norwalk Charter and Section 1135.04.C
A. Appointment and Organization
1. The Planning Commission shall be composed of seven (7) members, who must be qualified electors that reside in the incorporated area of the City. Membership shall include three (3) members appointed by the Mayor, and four (4) members appointed by City Council. Compensation shall be established by City Council..
2. The term of office shall be four (4) years and their terms shall be so arranged that the term of at least one (1) member shall expire each year. Any vacancy shall be filled for the remainder of the unexpired term in the manner the original appointment was made.
(Ord. 99-45. Passed 7-13-99.)
B. Proceedings of the Planning Commission
1. The Commission shall elect a Chairperson and Vice-Chairperson from its membership. It shall elect a Secretary who may or may not be a member of the Commission. It shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance.
2. Commission meetings shall be held at the call of the Chairperson, and at such other times as the Commission may determine.
3. All meetings shall be open to the public.
4. The Secretary of the Planning Commission shall keep minutes of its proceedings showing the vote for each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. All minutes shall be public record and immediately filed in the office of the Clerk of Council.
5. The concurring vote of a majority of members shall be necessary to reverse an order, requirement, decision, or determination of the Zoning Inspector.
C. Duties of the Planning Commission
The City Planning Commission shall have and exercise all powers conferred upon City Planning Commissions by general law and such other duties assigned by the Charter of the City of Norwalk and by City ordinances.
Duties of the Planning Commission shall include, but are not limited to, the following:
1. Recommend the proposed Zoning Ordinance, including text and the Official City Zoning Map to the City Council for formal adoption.
2. Initiate advisable Official City Zoning Map changes or changes in the text of the Zoning Ordinance where same will promote the best interest of the public in general through recommendations to the City Council.
3. Review all proposed amendments to the text of this Ordinance and the City Zoning Map and make recommendations to the City Council.
4. Review all Planned Unit Development Applications and make recommendations to the City Council as provided in this Ordinance.
5. Carry on a continuous review of the effectiveness and appro priateness of this Ordinance and recommend such changes or amendments as it feels would be appropriate.
6. The Commission may for their purpose, within the limits of the monies appropriated by Council, and subject to execution by the Mayor pursuant to Section 2.03 of the Charter, employ or contract with such planning consultants and executive and clerical assistants as it deems necessary.
7. The Commission shall make use of such information and counsel as is available from appropriate public officials, departments, and agencies.
(Ord. 2001-42. Passed 6-5-01.)
D. Interpretation of Uses not Found in the Zoning Districts
In the case of a use that is not specifically mentioned in this Ordinance, the Planning Commission shall classify the use of a similar nature to a use that is already listed in this Ordinance. The use that is approved as a similar use shall be recommended by the Planning Commission for addition to the permitted uses in the zoning districts previously described in this Ordinance.
1135.05 BOARD OF ZONING APPEALS.
The Board of Zoning Appeals designated by the Mayor, as described in Section 1135.05.A., is described as a quasi-judicial body that shall hear requests for conditional uses, variances, and appeals and decide whether or not to grant the request.
A. Appointment of the Board of Zoning Appeals
The Board of Zoning Appeals (Board) shall consist of five (5) members, who shall be qualified electors of the City appointed by the Mayor. The term of office shall be five (5) years and their terms shall be so arranged that the term of one (1) member shall expire each year. Any vacancy shall be filled for the remainder of the unexpired term in the manner the original appointment was made.
(Ord. 99-45. Passed 7-13-99.)
B. Proceedings of the Board of Zoning Appeals
1. The Board shall elect a Chairperson, Vice-Chairperson, and a Secretary, and shall adopt rules for the conduct of its affairs in keeping with the provisions of this Ordinance.
2. The Secretary shall record Board action and keep minutes of its proceedings showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. All minutes shall be public record and immediately filed in the Office of the Clerk of Council.
3. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his or her absence, the Vice-Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
4. A majority of its members shall constitute a quorum and the concurrence of a majority of the members shall be necessary to determine any question or matter before the Board.
C. Duties of the Board of Zoning Appeals
For the purpose of this Ordinance, the Board has the following specific responsibilities:
1. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.
2. Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where owing to the special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship and so that the spirit of this Ordinance shall be observed and substantial justice done.
3. Perform such other functions and have such other powers as provided by the Charter of the City of Norwalk and by City ordinances.
(Ord. 2001-37. Passed 5-15-01.)
1135.06 CITY COUNCIL.
The powers and duties of the City Council pertaining to the Zoning Ordinance are as follows:
A. Appoint four (4) of members to the Planning Commission.
B. Initiate or act upon suggested amendments to the Zoning Ordinance text or Official City Zoning Map. Final action upon a suggested zoning amendment shall be undertaken after a public hearing.
(Ord. 99-45. Passed 7-13-99.)
C. Any provision of any ordinance, resolution, or order recommended by formal action of the Planning Commission shall require the concurrence of four (4) members of Council for adoption or authorization. Any provision of any ordinance, resolution, or order disapproved by formal action of the Planning Commission shall require the concurrence of five (5) members of Council for adoption or authorization.
(Ord. 2001-38. Passed 5-15-01.)
1135.07 REMOVAL FOR MISCONDUCT AND VACANCY APPOINTMENTS.
Each member of the Board of Zoning Appeals and the Planning Commission shall serve until his or her successor is appointed and qualified. Members shall be removable for non-performance of duty, misconduct in office, or other reasonable cause deemed by the Mayor or Council, and shall be notified by written charges. A public hearing will be held and a copy of the written charges must be served upon the member so charged at least ten (10) days prior to the hearing either personally, by registered mail, or by leaving at his or her place of residence. At the public hearing, the member shall be given an opportunity to be heard and answer such charges. A vote to remove must be passed by a majority of Council and is subject to veto by the Mayor. In the event of a veto, a vote of five (5) members of Council to remove would override the veto. Any and all vacancies shall be filled by appointment by the Mayor and/or City Council and shall be for the unexpired term.
(Ord. 2001-39. Passed 5-15-01.)
1135.08 DUTIES OF THE ZONING INSPECTOR, BOARD OF ZONING APPEALS, PLANNING COMMISSION, LEGISLATIVE AUTHORITY, AND COURTS ON MATTERS OF APPEAL.
A. It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector. Recourse from the decisions of the Board shall be to the courts as provided by law.
B. It is further the intent of this Ordinance that the duties of the City Council, in connection with this Ordinance, shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this Section and this Ordinance.
C. Under this Ordinance, the City Council shall only have the duties of considering and adopting or rejecting proposed amendments or the repeal of this Ordinance as provided by law and of establishing a schedule of fees and charges as stated in Section 1135.09 of this Ordinance.
D. Nothing in this Ordinance shall be interpreted to prevent any official of the City from appealing a decision of any Board to the courts as provided in Chapters 2505 and 2506 of the Ohio Revised Code. Any such appeal shall be made within ten (10) days of the Board’s written decision.
E. Recourse from the decisions of the Planning Commission shall be to the courts as provided by law.
(Ord. 2001-43. Passed 6-5-01.)
1135.09 SCHEDULE OF FEES.
The fees for zoning appeals, shall be fifty dollars ($50.00) to be paid at the time of submittal of such appeal. The fees for requests for variances and conditional use permits shall be one hundred dollars ($100.00) plus an amount equal to the number of parties of interest to be notified pursuant to Section 1137.03.B or 1137.04E.2. multiplied by the cost of service the notice at the time of the filing of the request for the variance or conditional use permit. The fees for the request for a variance or a conditional use permit shall be paid at the time of submittal of such request.
(Ord. 2023-005. Passed 2-1-23.)
1137.01 APPEALS.
Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Ordinance may be taken by any person aggrieved or by any officer or bureau of the legislative or executive authority of the City affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision by filing with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. 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.
A. Stay of Proceedings
An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Inspector, by reason of facts stated in the application, finds that a stay would, in his or 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 a court of record.
1137.02 VARIANCES.
The Board of Zoning Appeals may authorize a variance from the terms of this Ordinance which shall not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship.
A variance shall not be granted unless the Board makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this Section have been met by the applicant. No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.
A. Application and Standards for Variances
Except as otherwise permitted in this Ordinance, a variance from the terms of this Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals. At a minimum, the application shall include:
1. Name, address, and phone number of applicant(s).
2. Legal description of property.
3. Description of nature of variance requested.
4. A list of all property owners and their addresses who are within, contiguous to, or directly across the street and may have interest in the variance.
5. A narrative statement demonstrating that the requested variance conforms to the following standards:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
b. That a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.
c. That special conditions and circumstances do not result from the actions of the applicant.
d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district.
1137.03 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.
The Board of Zoning Appeals shall hold monthly meetings. Meetings may be cancelled at the discretion of the Chairman if there is no business to conduct. Special sessions may be called at the discretion of the Chairman.
(Ord. 2002-52. Passed 8-6-02.)
A. Notice of Public Hearing in Newspaper
Before holding the public hearing required in Section 1137.03, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the City at least ten (10) days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
B. Notice to Parties of Interest
Prior to conducting the public hearing required in Section 1137.03, written notice of such hearing shall be mailed by the Clerk of the Board of Zoning Appeals by first class mail at least ten (10) days before the day of the hearing to property owners of adjoining parcels or parcels within three hundred feet (300') of affected property. The notice shall contain the same information as required of notices published in newspapers, as specified in Section 1137.03.A.
C. Action by the Board of Zoning Appeals
2. The Board of Zoning Appeals shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. A copy of this decision shall be transmitted to the applicant and the Zoning Inspector.
3. Appeals from Board decisions shall be made in the manner specified in Section 1135.08.
D. Supplementary Conditions and Safeguards
Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the district involved or any use expressly or by implication prohibited by the terms of this Ordinance in said district. In granting any appeal or variance, the Board of Zoning Appeal may prescribe any appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance has been granted, shall be deemed a violation and punishable under Section 1133.016 of this Ordinance.
1137.04 PROCEDURES AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USE PERMITS.
Approval of a conditional use permit shall conform to the procedures and requirements of this Section, inclusive of this Ordinance, unless modified in accordance with the requirements of Chapter 1173.
A. General
It is recognized that an increasing number of new kinds of uses are appearing daily and that many of these and some other more conventional uses, possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities, that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of Title Nine, inclusive, shall follow the procedures and requirements set forth in Section 1137.04, inclusive.
B. Contents of Application for Conditional Use Permit
An application for conditional use permit shall be filed with the Zoning Inspector by at least one (1) owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
1. Name, address, and phone number of applicant.
2. Legal description of property.
3. Description of existing use.
4. Zoning district.
5. Description of proposed conditional use.
6. A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
7. A narrative statement evaluating the effects on adjoining property, the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.
C. General Standards Applicable to All Conditional Uses
In addition to the specific requirements for conditionally permitted uses as specified in this Ordinance, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use is at the proper location:
1. Is in fact, a conditional use established under the provision of Title Nine, inclusive.
2. Will be harmonious and in accordance with the general objectives, or with any specific objective of the City’s Comprehensive Plan and/or the Zoning Ordinance.
3. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
4. Will not be hazardous or disturbing to existing or future neighboring uses.
5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
7. Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, vibration, smoke, fumes, glare, or odors.
8. Will have vehicular approaches to the property which shall be de signed so as not to create an interference with traffic on surrounding public thoroughfares.
9. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
D. Specific Criteria for Conditional Uses
In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1133.016.
E. Public Hearing by the Board of Zoning Appeals
The Board of Zoning Appeals shall hold monthly meetings. Meetings may be cancelled at the discretion of the Chairman if there is no business to conduct. Special sessions may be called at the discretion of the Chairman.
(Ord. 2002-52. Passed 8-6-02.)
1. Notice of Public Hearing in Newspaper
Prior to holding the public hearing required in Section 1137.04.E., notice of such hearing shall be given in one (1) or more newspapers of general circulation of the City at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the specific item to be considered.
2. Notice to Parties of Interest
Prior to holding the public hearing required, written notice of such hearing shall be mailed to all to property owners of adjoining parcels or parcels within three hundred feet (300') of affected property from the Clerk of the Board of Zoning Appeals by first class mail at least ten (10) days before the day of the hearing. The mailing list shall be supplied to the Clerk by the property owners requesting the conditional use. The notice shall contain the same information as required of notices published in newspapers, as specified in Section 1137.04.E.
F. Action by the Board of Zoning Appeals
2. If the application is approved or approved with modification, the Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board, the applicant may seek relief through the Huron County Court of Common Pleas.
3. Appeals from decisions shall be made in the manner specified in Section 1135.08.
G. Expiration of Conditional Use Permit
A conditional use permit shall be deemed to authorize only one (1) particular conditional use. Such permit shall automatically expire if, for any reason, the conditional use has not been implemented within one (1) year of issuance of the permit or if such use ceases for more than two (2) years.
H. Revocation of a Conditional Use Permit
Violation of the conditional use as approved shall be grounds for revocation of the conditional use permit. For proof that the conditional use does not comply with Section 1137.04, written complaints filed with the Board of Zoning Appeals of more than fifty percent (50%) of the property owners or authorized tenants within a three hundred foot (300') radium shall be required. For other violations, the Zoning Inspector shall be required to furnish appropriate proof of non-compliance. The Board of Zoning Appeals may revoke a conditional use permit but only after a public hearing is conducted according to procedures outlined in Sections 1137.04.E. through 1137.04.H.
I. Supplementary Conditions and Safeguards
In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1133.016 of this Ordinance.
1137.05 INTERPRETATION OF DISTRICT MAP.
Where the street or lot layout, actually on the ground or as recorded, differs from the street line and lot lines as shown on the Official City Zoning Map, the Board of Zoning Appeals, after notice to the owners of the property and after a public hearing, shall interpret the map in such a way as to carry out the intent and purpose of the Zoning Ordinance. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the Official City Zoning Map may be made to the Board and a determination shall be made by the Board.
1137.06 BOARD MAY REVERSE OR AFFIRM ORDERS.
In exercising its power, the Board of Zoning Appeals may, in conformity with the provisions of statue and the Zoning Ordinance, reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as ought to be made and to that end, shall have all powers of the officer from whom the appeal is taken.
1137.07 WIRELESS TELECOMMUNICATIONS FACILITIES.
A. Purpose
1. Wireless telecommunication facilities are considered a conditional use and may be located as such in certain zoning districts contingent upon a number of requirements being met as established throughout Chapter 1137.
2. Wireless telecommunications facilities may be located on any municipally owned land, buildings or structures with the approval of the Board of Zoning Appeals. Wireless telecommunication towers located on municipally or government owned land, buildings, or structures are exempt from the requirement of this chapter.
3. All new wireless telecommunications facilities, co-location of antennas on a single tower, antennas to be attached to existing buildings or structures, or replacement towers to be constructed at the site of a current tower shall be subject to review as conditional use unless specifically exempted within this chapter.
B. Definitions
1. "ANSI" means American National Standards Institute.
2. "Co-location" means the use of a wireless telecommunication facility by more than one wireless telecommunications provider.
3. "EIA" means Electronic Industry Association.
4. "FAA" means Federal Aviation Administration.
5. "FCC" means Federal Communications Commission.
6. "Lattice Tower" means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
7. "Monopole" means a support structure constructed of a single supporting hollow metal tube securely anchored to the foundation.
8. "Telecommunication" means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
9. "Wireless telecommunications equipment shelter" means a structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.
10. "Wireless telecommunications facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone lines. Referred to in this Section as "facility".
11. "Wireless telecommunication tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures. Referred to in this Section as "tower."
C. Application for Conditional Use.
1. When a proposed wireless telecommunications system facility is to include a new tower, a site plan at scale of not less than one inch is equal to 100 feet shall be submitted to the City along with the appropriate conditional use permit application form(s) and fees. This site plan shall indicate all properties, buildings and structures within 300 feet of the proposed tower. Aerial photos and/or renderings may augment the site plan.
2. A landscape plan shall be submitted indicating how the wireless telecommunication facility will be screened from adjoining uses.
3. Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential co-location opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing within 30 days. The applicant's letter(s) as well as response(s) shall be presented to the Board of Zoning Appeals as means of demonstrating the need for a new tower and to establish proof that a newly constructed tower is necessary since co-location on an existing tower is not feasible. In addition, the applicant will be required to submit a statement of need demonstrating why the proposed facility must be located where it is proposed in order to serve the applicant's service area. This statement must clearly explain why other nearby structures cannot be used to support the proposed antenna and why a tower and the proposed site is technically necessary.
4. Any application to locate a facility on a building or structure that is listed on the National Register of Historic Places, or a building or structure that is located in the Historic District as defined in Chapter 1333 shall be subject to review by the Historic Landmarks Commission and shall first obtain a Certificate of Appropriateness prior to applying for a conditional use permit.
5. Applicants shall provide evidence of legal access to the tower site thereby maintaining this access regardless of other development that may take place on the site.
6. A soil report complying with the standards of ANSI/EIA 222-F (Annex I: Geotechnical Investigations for Towers), as amended, shall be submitted to the City with the application for a conditional use permit to document and verify the design specifications of the foundation of the tower, and anchors for guy wires if used.
7. The applicant shall submit to the City with the application for a conditional use permit, a report prepared by a professional engineer licensed in the state of Ohio containing proof of the facility's compliance with nationally accepted structural standards published by the ANSI/EIA Section 222-F, as amended, and description of the proposed tower's capacity, including the number of antennas it can accommodate.
8. Elevations of existing and proposed structures showing width, depth, and height of the wireless telecommunications facility as well as the specifications of the antenna and support structure shall be submitted.
9. The applicant shall demonstrate that the proposed tower complies with all FCC regulations addressing radio frequency and electromagnetic emissions standards.
10. The applicant shall demonstrate that the proposed tower complies with all FAA regulations concerning safety.
11. The applicant shall submit a statement of compliance that the proposed facility complies with all federal and state laws and regulations concerning aviation safety.
12. The applicant shall submit a maintenance plan confirming that the applicant will be responsible for maintaining the facility and explaining how the facility will be maintained in the future.
13. Any other information which, in the judgment of the Building/Zoning Officer may be necessary to provide for the enforcement of this Zoning Code.
D. General.
The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located.
1. The location of the tower and equipment shelter or other support facilities shall comply with all natural resource protection standards established in this Zoning Code.
2. Security fencing, a minimum of six feet in height, shall surround the tower, equipment shelter or other support facilities, and any guy wires, either completely or individually as determined by the Board of Appeals.
3. The following buffer plantings around the perimeter of the security fence shall be planted as a minimum as deemed appropriate by the Board of Zoning Appeals. Additional plantings may be required. An evergreen screen shall be planted that consists of either a hedge, planted three (3) feet on center maximum, or a row of evergreen trees five (5) feet on center maximum. The applicant shall be responsible for maintaining the approved plantings.
4. Towers shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the FCC or FAA. If the security fence mentioned in Item (2) above is a wire mesh fence, it shall be painted the same color as the tower.
5. No advertising shall be affixed to the tower or permitted on the equipment shelter or any support facility, security fence or any other element of the facility.
6. If at any time the use of this facility is discontinued for a period of 180 days, the applicant shall have an additional 90 days to either reactivate the facility or dismantle and remove the facility. In the event that the facility is deactivated or abandoned, the applicant shall provide notification by certified mail to the Building/Zoning Officer of such event as soon as possible, but in no event later than seven (7) days following such deactivation or abandonment.
7. No tower of a height one hundred fifty (150) feet or less shall be artificially lighted except as required by the FAA. Any tower greater than one hundred fifty (150) feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter or support facilities is required if said lighting is directed inward towards the facility.
8. “No Trespassing" or other similar warning signs shall be posted around the facility with an emergency telephone number indicating the person(s) or authority to contact in the event of an emergency situation.
9. All utility service to a facility shall be provided underground. Underground equipment shelter or support facilities are encouraged, and may be required by the Board of Zoning Appeals.
10. Facilities shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency situation).
11. Wireless telecommunications towers and antennae shall be designed to withstand sustained winds of at least one hundred (100) miles per hour.
12. The ANS1/EIA Section 222-F (Annex H Commentary on Ice Design Criteria for Communications Structures) shall be consulted for ice load specifications.
13. The applicant must agree to permit other wireless telecommunications service providers to co-locate onto the proposed facility unless mechanical, structural or regulatory factors prevent such co-location, on reasonable economic terms consistent with the actual capital and operating expense of the facility, and with the construction and ongoing operation of the tower. The applicant shall provide documentation on this subject upon the request of the City.
14. All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to two hundred (200) feet above the finished grade. Although the initial application and capacity may be for one antenna, the structure shall be designed to serve as a base for a reconstructed tower with the capacity for three (3) providers when constructed, to the maximum allowable height.
15. There shall be no handholds/footholds on the tower closer than forty (40) feet to the ground.
16. In granting a conditional use permit under any of the powers in this chapter, the Board of Zoning Appeals may stipulate the manner in which the conditional use shall be carried out or may require other improvements and safeguards as conditions as it deems necessary for the protection of the health, safety and welfare of owner, and occupants of surrounding lots or the public.
E. Sole Use on a Lot.
Wireless telecommunications facilities may be located as the sole use of a lot if approved as a conditional use subject to the following requirements:
1. Minimum Lot Size. The minimum lot size shall be a minimum of one (1) acre.
2. Minimum Yard Requirements. Towers shall not be located closer than three hundred (300) feet to any residentially zoned property. Equipment shelters or support facilities shall have a minimum setback of one hundred (100) feet to any property line or right-of-way. Security fences shall be no closer than three-tenths (0.3) feet to any property line.
3. Maximum Height. No tower, including the antenna, shall exceed two hundred (200) feet in height. All equipment shelters or support facilities shall not exceed twenty (20) feet in height.
4. Maximum Size of Equipment Shelter. No single shelter or support facility shall exceed three hundred (300) square feet in size, or if there is more than one, seven hundred fifty (750) square feet in aggregate size.
F. Combined with Another Use(s).
A wireless communications facility shall be located on a property as a conditional use with an existing use subject to the following conditions:
1. Existing Uses. The existing use(s) on the property may be any permitted use in the district, an approved conditional use, or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications shall not be considered an addition to the structure or value of nonconforming use.
2. Minimum Lot Area. The minimum lot area shall be one (1) acre needed to accommodate the tower (and guy wires, if used), the equipment shelter or supporting facilities, security fencing and buffer plantings.
3. Minimum Yard Requirements. Towers shall not be located closer than three hundred (300) feet to any residentially zoned property. The equipment shelter or support facility shall have a minimum setback of one hundred (100) feet from any property line or right-of-way.
4. Access. Service access to the facility shall, whenever feasible, be provided along the circulation driveways of the existing use. The applicant shall provide documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that vehicular access is provided to the facility. Vehicular access to the facility shall not interfere with parking requirements or vehicular circulation on the site for the principal use.
5. Maximum Height. No tower, including the antenna, shall exceed two hundred (200) feet in height. All equipment shelters or support facilities shall not exceed twenty (20) feet in height.
6. Maximum Size of Equipment Shelter. No single equipment shelter or support facility shall exceed 300 square feet in size, or if there is more than one, 750 square feet in aggregate size.
G. Combined with an Existing Structure.
An antenna for a wireless telecommunications facility may be attached to an existing structure or building subject to the following conditions:
1. Maximum Height. Twenty (20) feet or twenty percent (20%) of the building or structure height above the existing building or structure, whichever is greater.
2. If the applicant proposes to locate the telecommunications equipment in a separate shelter or support facility (not located on or attached to the building or structure), the shelter or support facility shall comply with the following:
a. The minimum setback of one hundred (100) feet from any property line or right-of-way.
b. Landscaping shall be planted in accordance with the provisions of Chapter 1181.
c. Vehicular access to the shelter or facility shall not interfere with the parking requirements or vehicular circulation on the site supporting the principal use.
d. The maximum size of a single shelter or facility shall not exceed 300 square feet, or if there is more than one, 750 square feet in aggregate size.
e. The maximum height of a shelter or facility shall not exceed twenty (20) feet.
(Ord. 2000-90. Passed 12-19-00.)