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Norwood City Zoning Code

TITLE THREE

Zoning Administration

1111.01 INTERPRETATIONS OF TERMS OR WORDS.

   For the purpose of this Zoning Code, certain terms or words shall have the meanings as proved in this Chapter. Where terms or words are not defined, they shall have their ordinary and accepted meanings.
(Ord. 8-2013. Passed 2-26-13.)

1111.02 ACCESSORY USE OR STRUCTURE.

   "Accessory use or structure" means a use or structure on the same lot with another use or structure that is clearly identifiable as the principal use or structure and the accessory use or structure is of a nature that is customarily incidental or subordinate to the principal use or structure.
(Ord. 8-2013. Passed 2-26-13.)

1111.03 AGRICULTURE.

   "Agriculture" means the principal use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture and viticulture, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
(Ord. 8-2013. Passed 2-26-13.)

1111.04 ALTERATIONS STRUCTURAL.

   "Alterations Structural" include any change in the supporting members of a building such as bearing walls, columns, beams, girders, or foundations.
(Ord. 8-2013. Passed 2-26-13.)

1111.05 ADULT DAY CARE FACILITY.

   "Adult Day-Care Facility" means an establishment that during any part of the normal business day provides supervised educational, recreational and social activities to elderly and/or handicapped adults, but not including persons suffering from acute or chronic alcoholism or other drug dependency and persons who regularly require restraint.
(Ord. 8-2013. Passed 2-26-13.)

1111.06 ADULT FAMILY HOME.

   "Adult Family Home" means a residence or facility that provides accommodations to three to five unrelated adults and supervision and personal care services to at least three of those adults.
(Ord. 8-2013. Passed 2-26-13.)

1111.07 ADULT GROUP HOME.

   "Adult Group Home" means an a residence or facility that provides accommodations to six to sixteen unrelated adults and provides supervision and personal care services to at least three of the unrelated adults.
(Ord. 8-2013. Passed 2-26-13.)

1111.08 ALCOHOLIC BEVERAGE, BEER, WINE, LIQUOR RETAIL SALES.

   "Alcoholic Beverage, Beer, Wine, Liquor Retail Sales" means a State of Ohio licensed liquor store devoted primarily to the sale of liquor as well as beer, wine, and other alcoholic beverages in containers for off premises consumption.
(Ord. 8-2013. Passed 2-26-13.)

1111.09 ALTERNATIVE ENERGY GENERATING.

   "Alternative Energy Generating" means the generating of energy without a nuclear reaction or the burning of carbon or fossil fuels. Energy is generated using solar, wind, and geothermal sources of power.
(Ord. 8-2013. Passed 2-26-13.)

1111.10 ANCILLARY UNIT.

   "Ancillary Unit" means an apartment not greater than 600 sq. ft. sharing ownership and utility connections with a principal building. An ancillary unit may or may not be within an outbuilding.
(Ord. 8-2013. Passed 2-26-13.)

1111.11 APARTMENT.

   "Apartment" means a dwelling unit sharing a building and a lot with other dwellings and/or uses. Apartments may be for rent or sale as condominiums.
(Ord. 8-2013. Passed 2-26-13.)

1111.12 ARCADE.

   "Arcade" means a space contiguous to the pedestrian realm separated by columns that is carved out of the ground and/or second stories of a building. The space is open to the public and serves as an entrance into the building. A storefront may occur in an Arcade on the inner wall of the building.
(Ord. 8-2013. Passed 2-26-13.)

1111.13 ART GALLERY.

   "Art Gallery" means a place for display or retail facility for finished art materials, including paintings, statues, tapestries, ceramics, or other art objects.
(Ord. 8-2013. Passed 2-26-13.)

1111.14 ARTIST LIVE/WORK SPACE.

   "Artist Live/Work Space" means a dwelling unit in which up to 50% of the floor area is used for the production of studio or artisan manufacturing uses.
(Ord. 8-2013. Passed 2-26-13.)

1111.15 ARTISAN MANUFACTURING.

   "Artisan Manufacturing" means on site production of goods by hand manufacturing, involving the use of hand tools and small scale, light mechanical equipment. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small scale manufacturing uses that have no negative external impacts on surrounding properties.
(Ord. 8-2013. Passed 2-26-13.)

1111.16 AUTOMOBILE/TRUCK RENTAL AGENCY.

   "Automobile/Truck Rental Agency" means the use of any building, land area or other premise for the leasing of automobiles, vans, and/or single axle trucks or trailers.
(Ord. 8-2013. Passed 2-26-13.)

1111.17 AUTOMOTIVE SERVICE AND MINOR REPAIR.

   (a)    "Automotive service and minor repair" means the use of a building and premises where oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, and where in addition, the following services may be rendered and sales made:
      (1)    Sales and service of spark plugs, batteries, and distributor parts.
      (2)    Tire servicing and repair, but not recapping or regrooving.
      (3)    Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like.
      (4)    Radiator cleaning and flushing.
      (5)    Greasing and lubrication.
      (6)    Providing and repairing fuel pumps, oil pumps and lines.
      (7)    Minor servicing and repair of carburetors.
      (8)    Adjusting and repairing brakes.
      (9)    Minor motor adjustment not involving removal of the head on crankcase or racing the motor.
      (10)    Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operations.
      (11)    Provisions of road maps and other informational material to customers, provision of restroom facilities.
      (12)    Warranty maintenance and safety inspections.
         (Ord. 8-2013. Passed 2-26-13.)

1111.18 AWNING.

   "Awning" means any structure made of cloth, metal, plastic or any other similar material with a frame attached to a building or other structure and projecting outward therefrom. An awning may be retractable so as to permit it to be raised to a position flat against the building when not in use, but its general purpose will be to provide shelter or shade.   
(Ord. 8-2013. Passed 2-26-13.)

1111.19 BANQUET, EXHIBITION, MEETING HALL, PUBLIC AND PRIVATE.

   "Banquet, Exhibition, Meeting Hall, Public and Private" means a facility or hall available for lease by private parties.
(Ord. 18-2022. Passed 4-26-22.)

1111.20 BAR OR DRINKING PLACE.

   "Bar or Drinking Place" means an establishment which is licensed by the State of Ohio to dispense or sell alcoholic beverages and primarily prepares and serves alcoholic beverages for immediate consumption and in which the sale of alcohol accounts for fifty percent (50%) of the establishment's gross income. These establishments may also provide limited food and entertainment.
(Ord. 8-2013. Passed 2-26-13.)

1111.21 BASEMENT.

   "Basement" means a story which is partially below the elevation level of the adjoining ground, but which not more than fifty percent (50%) of such story is below the elevation level of the adjoining ground.
(Ord. 8-2013. Passed 2-26-13.)

1111.22 BED AND BREAKFAST INN.

   "Bed and Breakfast Inn" means an owner-occupied residential, single-family detached structure wherein lodging and breakfast are provided to transient guests for compensation.
(Ord. 8-2013. Passed 2-26-13.)

1111.23 BINGO, NON PROFIT.

   "Bingo, non-profit" means a game, operated by a non profit, charitable, or veterans' organization as defined in Ohio Revised Code Section 2915.01, in which each player pays a sum of money for the use of one or more bingo cards printed with different numbered squares on which to place markers when the respective numbers are drawn and announced. The winner being the first player to mark a compete row of numbers in a given order that has been preannounced for that particular game. More than one game may be played on a bingo card, and the numbers announced for one game may be used for a succeeding game or games.
(Ord. 8-2013. Passed 2-26-13.)

1111.24 BIG BOX RETAIL.

   "Big Box Retail" means a commercial use housed in a single story building containing a gross floor area of fifty thousand (50,000) sq. ft. or more.
(Ord. 8-2013. Passed 2-26-13.)

1111.25 BOARDING HOUSE AND LODGING HOUSE.

   "Boarding House and Lodging House" means the use of a building or part of a building to provide lodging and sometimes meals for compensation for three or more unrelated persons where no cooking or dining facilities are provided in individual rooms, but boarding homes and lodging house do not include hotels, motels, or restaurants.
(Ord. 8-2013. Passed 2-26-13.)

1111.26 BUFFER.

   "Buffer" means an area of healthy vegetation, natural or planted, and man-made landscaped area adjoining or surrounding a land use and is unoccupied or unused by any building, structure (other than a fence), pavement, activity or portion of the principal or ancillary land use, the purpose of which is to screen and soften the effects of the land use.
(Ord. 8-2013. Passed 2-26-13.)

1111.27 BUILDING.

   "Building" means any structure used or intended for supporting or sheltering any use or occupancy.
(Ord. 8-2013. Passed 2-26-13.)

1111.28 BUILDING, ACCESSORY.

   "Building, Accessory" means a subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
(Ord. 8-2013. Passed 2-26-13.)

1111.29 BUILDING HEIGHT.

   "Building height" 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 roof for flat roofs; to the deck line of a mansard roofs; and the mean height between the eaves and ridge for gable, hip, and gambrel roofs.
(Ord. 8-2013. Passed 2-26-13.)

1111.30 BUILDING, PRINCIPAL.

   "Building, principal" means that building in which there is conducted the main or chief use of the lot on which the building is situated.
(Ord. 8-2013. Passed 2-26-13.)

1111.31 BUSINESS SERVICES.

   "Business Services" means establishments primarily engaged in rendering services to business establishments on fee or contract basis, including but not limited to, advertising and mailing; commercial research; development and testing; photo finishing; supplies services; copying services; calling centers; and other like and similar uses. "Business Services" shall not mean day labor business.
(Ord. 8-2013. Passed 2-26-13.)

1111.32 CATERING SERVICE.

   "Catering Service" means an establishment that prepares and provides meals or refreshments for consumption off site. No on site dining facilities shall be permitted.
(Ord. 8-2013. Passed 2-26-13.)

1111.33 CELLAR.

   "Cellar" means a story which is more than fifty percent (50%) below the elevation level of the adjoining ground.
(Ord. 8-2013. Passed 2-26-13.)

1111.34 CEMETERY.

   "Cemetery" means land and structures used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including columbariums, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(Ord. 8-2013. Passed 2-26-13.)

1111.35 CHILD DAY-CARE CENTER.

   "Child day-care center" means any place in which child day-care or publicly funded day-care is provided for seven or more children at one time or any place. "Child day-care" means administering to the needs of infants, toddlers, preschool children, and school children outside of school hours by persons other than their parents, guardians, custodians, relatives by blood, marriage, or adoption for any part of the twenty-four-hour day in a place or residence other than a child's own home. (Ord. 8-2013. Passed 2-26-13.)

1111.36 CHILD DAY-CARE FACILITY.

   "Child day-care facility" means any place in which child day-care or publicly funded day-care is provided for one to six children at one time or any place. "Child day-care" means administering to the needs of infants, toddlers, preschool children, and school children outside of school hours by persons other than their parents, guardians, custodians, relatives by blood, marriage, or adoption for any part of the twenty-four-hour day in a place or residence other than a child's own home.
(Ord. 8-2013. Passed 2-26-13.)

1111.37 CHILD DAY CARE TYPE B HOME.

    "Child day care type B home" means the permanent residence of the owner operator in which child day care is provided for no more than 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. Ohio Revised Code 5104.01(E) shall apply.
(Ord. 8-2013. Passed 2-26-13.)

1111.38 CLINIC.

   "Clinic" means an establishment where human patients are examined and treated by a group of dentists, physicians or similar professionals. Clinics provide outpatient service only.
(Ord. 8-2013. Passed 2-26-13.)

1111.39 CLUB.

   "Club" means a nonprofit association of persons who are bona fide members organized for some common purpose, or the land and/or building or portion thereof or premises owned or operated by this association for social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests. This does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(Ord. 8-2013. Passed 2-26-13.)

1111.40 COLLEGE, UNIVERSITY, OR SEMINARY.

   "College, university or seminary" means an institution of higher education, including teaching and research, and offering a course of general studies leading to advanced academic degrees; which may include related facilities such as, but not limited to, classroom buildings; libraries; laboratories; dormitories (except when specifically prohibited); administration; physical plant; dining hall; campus center; theater; student gymnasium, stadium, field house. See also Section 1111.121 School, Trade, Business, Cultural or Arts.
(Ord. 8-2013. Passed 2-26-13.)

1111.41 COMMERCIAL USE.

   "Commercial use" means the exchange, buying or selling of products or services in general and may be construed to include wholesale activity, where such wholesale activity is in conjunction with and subordinate to the retail sales operation.
(Ord. 8-2013. Passed 2-26-13.)
  

1111.42 COMMERCIAL AMUSEMENT.

   "Commercial Amusement" means establishments that provide amusement, entertainment, or games of skill for a fee or admission, including, but not limited to, billiards, bowling, video or game arcades, skating rinks, and other like and similar uses.
(Ord. 8-2013. Passed 2-26-13.)

1111.43 CONSTRUCTION AND MECHANICAL SERVICES.

   "Construction and Mechanical Services" means contracting businesses including heating, air conditioning, plumbing, electrical, and general contracting which typically requires storage of machinery, equipment, and/or material on premise in addition to administrative offices and service counters.
(Ord. 8-2013. Passed 2-26-13.)

1111.44 CONTRACTOR OR TRADESMAN'S SHOP (LIMITED).

   "Contractor or tradesman's shop (limited)" means a shop that does not involve millwork, operation of heavy equipment, furnaces, or heating pots, or the dipping of furniture. Cabinet-making, floor work, duct work, framing and other similar light work on or off-site is permitted.
(Ord. 8-2013. Passed 2-26-13.)

1111.45 DAY LABOR BUSINESS.

   "Day labor business" means any enterprise, other than a labor union or a not for profit organization, engaged in procuring or providing persons to perform temporary unskilled work at a site other than the premises in which (1) the day laborers are paid, by the day labor business or a third party employer, each work day or on the business day following the work day, and (2) persons arrive at the premises to make application for work as a day laborer, to obtain assignment for day labor, to obtain transportation to a day labor site or to obtain payment of wages or benefits for day labor. For purposes of this definition, "unskilled work" means work involving physical tasks for which the (1) the worker is not required by law to hold a professional or occupational license, or (2) the employer or contractor controlling the site of the work does not require the worker to have (a) a high school diploma or its equivalent, or (b) education beyond high school, or (c) relevant vocational education or (d) demonstrated proficiency with a specified type of machinery to be used in the work, but does not include white collar, secretarial, clerical or professional work.
(Ord. 8-2013. Passed 2-26-13.)

1111.46 DEVELOPER.

   "Developer" means any person or legal entity that owns a legal or beneficial interest in land irrespective of whether the developer holds title in fee simple or merely is the beneficiary of the trust, option, or contract to purchase, leasehold interest or any other enforceable property interest in the land, or the agent of such owner whose powers of agency are reduced to writing in accordance with Ohio Revised Code Section 1337.01 et. seq.
(Ord. 8-2013. Passed 2-26-13.)

1111.47 DISTRICT.

   "District" means a portion of the territory of the City of Norwood as delineated on the zoning map and defined in this Code in which uniform regulations and requirements or various combinations thereof apply under provisions of this Zoning Code.
(Ord. 8-2013. Passed 2-26-13.)

1111.48 DRIVE THRU.

   "Drive thru" means a business that provides goods and services to persons while in their motor vehicles.
(Ord. 8-2013. Passed 2-26-13.)

1111.49 DRIVE THRU CARRYOUT.

   "Drive Thru Carryout" means a retail business selling beverages, prepackaged foods, and other items typically found in a "convenience" store situated in a building into which patrons will drive their vehicles, in which they will be served. After the sale is completed the patron will immediately drive his vehicle out the opposite end of the building, onto the street, and away from the property. Patrons will not consume their purchase while on the property and no facilities will be employed for that purpose. Some patrons may enter on foot, but their transactions will follow the same pattern.
(Ord. 8-2013. Passed 2-26-13.)

1111.50 DRY CLEANING LIMITED.

   "Dry cleaning limited" means a staffed business enterprise offering dry cleaning of clothing and related services at retail to the general public.
(Ord. 8-2013. Passed 2-26-13.)

1111.51 DWELLING UNIT.

   "Dwelling Unit" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(Ord. 8-2013. Passed 2-26-13.)

1111.52 DWELLING, MULTI-FAMILY.

   "Dwelling, Multi-Family" means a building or portion thereof consisting of three or more dwelling units designed for or used exclusively for residence purposes by three or more families living independently of each other.
(Ord. 8-2013. Passed 2-26-13.)

1111.53 DWELLING, ONE-FAMILY.

   "Dwelling, One-Family" means a building designed for or used exclusively for residence purposes by one family.
(Ord. 8-2013. Passed 2-26-13.)

1111.54 DWELLING, TWO-FAMILY.

   "Dwelling, Two-Family" means a building consisting of two dwelling units designed for or used exclusively for residence purposes by two families living independently of each other.
(Ord. 8-2013. Passed 2-26-13.)

1111.55 ESTABLISHMENT.

   "Establishment" means a building or structure used for business, industrial, or office purposes.
(Ord. 8-2013. Passed 2-26-13.)

1111.56 EMPLOYMENT AGENCY.

   "Employment Agency" means a public or private business or agency whose primary function is to assist people in locating jobs, careers, or other employment opportunities. This does not include day labor businesses or agencies that solicit employees on behalf of companies requiring day labor. (Day labor shall mean personnel employed for very short terms, typically on a day to day basis and without benefits such as health insurance or retirement plans.)
(Ord. 8-2013. Passed 2-26-13.)

1111.57 FAMILY.

   "Family" means one or more persons occupying a dwelling or house keeping unit provided that unless all members are related by blood, adoption, or marriage, no such family shall consist of more than four persons.
(Ord. 8-2013. Passed 2-26-13.)

1111.58 FAMILY HOME.

   "Family home" means a residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for not more than eight persons with developmental disabilities.
(Ord. 8-2013. Passed 2-26-13.)

1111.59 FLOOR AREA OF A NONRESIDENTIAL BUILDING.

   "Floor area of a nonresidential building" means the sum of the gross horizontal area of the several floors of a nonresidential building reduced by the sum of the horizontal area occupied by stairs, elevator shafts, maintenance shafts and display windows.
(Ord. 8-2013. Passed 2-26-13.)

1111.60 FLOOR AREA OF A RESIDENTIAL BUILDING.

   "Floor area of a residential building" means the sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas. All dimensions shall be measured between interior faces of walls.
(Ord. 8-2013. Passed 2-26-13.)

1111.61 FUNERAL HOME.

   "Funeral home" means a facility used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation, and may include storage of caskets, funeral urns, and other related funeral supplies and the storage of funeral vehicles.
(Ord. 8-2013. Passed 2-26-13.)

1111.62 GARAGES, PRIVATE.

   "Garages, private" means a detached accessory building or portion of a principal building used for the parking or temporary storage of automobiles, travel trailers and or boats of the occupants of the premises and wherein:
   (a)    Not more than one space is rented for parking to persons not resident of the premises;
   (b)    No more than one commercial vehicle per dwelling unit is parked or stored; and
   (c)    The commercial vehicle permitted does not exceed two tons capacity.
      (Ord. 8-2013. Passed 2-26-13.)

1111.63 GARAGE, PUBLIC PARKING.

   "Garage, public parking" means a principal or accessory building other than a private garage used for parking or temporary storage of passenger automobiles, and in which no nonparking service shall be provided for remuneration.
(Ord. 8-2013. Passed 2-26-13.)

1111.64 GOODS.

   "Goods" mean tangible products of a business that are sold for value.
(Ord. 8-2013. Passed 2-26-13.)

1111.65 GREEN ROOF.

   "Green roof" means a roof consisting of vegetation and soil, or a growing medium, planted over a waterproofing membrane. Additional layers, such as a root barrier and drainage and irrigation systems may also be included.
(Ord. 8-2013. Passed 2-26-13.)

1111.66 GROUP HOME.

   "Group home" means a residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but not more than sixteen persons with developmental disabilities.
(Ord. 8-2013. Passed 2-26-13.)

1111.67 HEALTH CLUB OR SPA.

   "Health club or spa" means a facility in which memberships in a program of physical exercise or the rights and privileges to use one or more of the following are sold: sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device. The term "health spa" shall not include any of the following:
   (1)    Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association (YMCA), Young Women's Christian Association (YWCA), or similar organizations whose functions as health spas are only incidental to their overall functions and purposes;
   (2)    Any private club owned and operated by its members;
   (3)    Any facility owned or operated by the state of Ohio or any of its political subdivisions;
   (4)    Any nonprofit public or private school, college or university.
      (Ord. 8-2013. Passed 2-26-13.)

1111.68 HOME.

   "Home" means an institution, home, place of domicile or other facility which, for a consideration, provides personal assistance to persons, other than individuals who are related to the owner or operator by blood or marriage within the third degree of consanguinity, who are dependent upon the services of others, or which provides skilled nursing and dietary care for persons who are ill or otherwise incapacitated, or persons who are convalescing from illness or incapacitations. Such use shall include nursing homes, rest homes, convalescent homes, sanatoriums, orphanages and custodial homes, but shall exclude hospitals, clinics, family homes, and group homes.
(Ord. 8-2013. Passed 2-26-13.)

1111.69 HOME OCCUPATION.

   "Home occupation" means a service, business or profession conducted in a dwelling unit.
(Ord. 8-2013. Passed 2-26-13.)

1111.70 HOSPITAL.

   "Hospital" means an institution open to the public for the delivery of primary, secondary and tertiary medical or surgical care with facilities for temporary lodging of patients and proper nutrition of patients. The establishment has an organized medical staff on duty 24 hours a day, inpatient beds, and equipment and facilities to provide complete health care; may also provide emergency room care and include less intensive medical uses such as convalescent and ambulatory care facilities.
(Ord. 8-2013. Passed 2-26-13.)

1111.71 INTERNET SWEEPSTAKES CAFÉ.

   "Internet sweepstakes café" means a business that promotes the sale of prepaid internet time cards or phone cards or similar devices to retail customers in varying amounts for use at its business location which entitles each cardholder to participate in sweepstakes. The sweepstakes system allows a customer to use the phone card, internet card, or similar device at a game terminal to browse the internet or participate in game which reveals sweepstakes entries, prizes, prize values, or the like.
(Ord. 8-2013. Passed 2-26-13.)

1111.72 JUNK YARD.

   "Junk yard" means any area, including establishments where such uses are conducted entirely within a completely enclosed building, where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards and structural steel materials and equipment yards; but not including establishments for the sale purchase or storage of used cars in operable condition, or storage of material incidental to manufacturing operations.
(Ord. 8-2013. Passed 2-26-13.)

1111.73 KENNEL.

   "Kennel" means an establishment where small animals owned as house pets are bred, shampooed, trimmed, trained or boarded in exchange for consideration.
(Ord. 8-2013. Passed 2-26-13.)

1111.74 LINER BUILDING.

   "Liner Building" means a building specifically designed to mask a larger building, big-box retail, theater, parking lot or a parking garage from a public right-of-way.
(Ord. 8-2013. Passed 2-26-13.)

1111.75 LIVE WORK UNIT.

   "Live Work Unit" means an integrated dwelling unit and working space occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity at the ground floor.
(Ord. 8-2013. Passed 2-26-13.)

1111.76 RESERVED.

1111.77 RESERVED.

1111.78 RESERVED.

1111.79 LOADING SPACE, OFF-STREET.

   "Loading Space, off-street" means an area located in conjunction with the primary use on a lot to provide for bulk pickups and deliveries, and shall be accessible to the delivery vehicles even though required off-street parking spaces may be filled. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space. No off-street loading space shall extend into any street, alley, or railroad right-of-way.
(Ord. 8-2013. Passed 2-26-13.)

1111.80 LODGING HOTEL/MOTEL.

   "Lodging Hotel/Motel" means a building which provides temporary lodging for members of the public in transit for compensation. Access to the rooms is provided by an interior hallway and circulation pattern.
(Ord. 8-2013. Passed 2-26-13.)

1111.81 LOT.

   "Lot" means a parcel of land of sufficient size to meet the 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;
   (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.
      (Ord. 8-2013. Passed 2-26-13.)

1111.82 LOT COMPUTATION.

   "Lot Computation" means the computation of the minimum area of a lot in accordance with practices generally utilized by surveyors licensed to practice surveying the State and shall exclude any portion of the right-of-way.
(Ord. 8-2013. Passed 2-26-13.)

1111.83 LOT FRONTAGE.

   "Lot frontage" means the portion contiguous to the street right-of-way. For the purpose of determining yard requirements on corner lots or through lots, setback on the lot lines contiguous to the street shall be calculated as if they were front yards. Corner lots shall have a Primary and Secondary frontage, which shall also be known as an Exterior Side Yard or Lot Line. Both the Primary and Secondary Frontages shall be used in calculating the front yard setbacks.
(Ord. 50-2022. Passed 11-8-22.)

1111.83B LOT, CORNER.

   “Lot, corner” means a lot having two or more frontages onto a public or private street right-of-way. The shortest lot line shall be deemed the Primary Frontage, and the other lot lines contiguous to the street right-of-way shall be regarded as the Exterior or Secondary Side Lot Line. All other lot lines shall be viewed as Interior Side Lot Lines.
(Ord. 50-2022. Passed 11-8-22.)

1111.84 LOT LINE.

   "Lot line" means any boundary of any lot.
(Ord. 8-2013. Passed 2-26-13.)

1111.85 LOT LINE, FRONT.

   "Lot line, front" means the line separating the lot from the street. On a corner lot, the front lot line shall be based upon the front of the building as the building was originally designed. If no building front can be determined, the front lot line shall be the lot line with the least amount of street frontage.
(Ord. 8-2013. Passed 2-26-13.)

1111.86 LOT LINE, REAR.

   "Lot line, rear" means the lot line opposite and most distant from the front lot line.
(Ord. 8-2013. Passed 2-26-13.)

1111.87 LOT LINE, SIDE.

   "Lot line, side" means any lot line other than the front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(Ord. 8-2013. Passed 2-26-13.)

1111.88 LOT MEASUREMENTS.

   A lot shall be measured as follows:
   (a)    Depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
   (b)    Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line, provided however that the width between side lot lines at their foremost points (where they intersect the street line) shall not be less than eighty percent (80%) of the required lot width.
      (Ord. 8-2013. Passed 2-26-13.)

1111.89 LOT OF RECORD.

   "Lot of record" means a lot which is part of subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(Ord. 8-2013. Passed 2-26-13.)

1111.90 MAINTENANCE AND STORAGE FACILITIES.

   "Maintenance and storage facilities" mean land, buildings, and structures devoted primarily to the maintenance and storage of construction equipment and material.
(Ord. 8-2013. Passed 2-26-13.)

1111.91 MANUFACTURING, HEAVY.

   "Manufacturing, heavy" means the use of land for fabricating, processing, assembling, storing, testing, or for similar industrial action which generally involves major operations and requires large sites, open storage and service areas, extensive services and facilities and ready access to regional transportation; heavy manufacturing normally generates some averse effects such as smoke, noise, vibration, dust, glare, air pollution and water pollution but not beyond the district boundary line and not in violation of Federal, State, and Municipal laws or regulations with respect to pollution.
(Ord. 8-2013. Passed 2-26-13.)

1111.92 MANUFACTURING, LIGHT.

   "Manufacturing, light" means an industrial use that is confined within the boundaries of a building or buildings, is relatively clean, quiet and free from objectionable or hazardous discharge such as smoke, noise, odor or dust, and generates little traffic of heavy trucks.
(Ord. 8-2013. Passed 2-26-13.)

1111.93 MICROBREWERY/MICRO-DISTILLERY.

   "Microbrewery" shall mean a brewery (for malt beverages) that has an annual nationwide production of not less than 100 barrels or more than 10,000 barrels. "Micro-distillery" shall mean a distillery that produces 25,000 proof gallons or less of liquor annually. A micro-distillery and microbrewery shall comply with all applicable Federal and State liquor laws.
(Ord. 8-2013. Passed 2-26-13.)

1111.94 MOTOR VEHICLE REPAIR.

   "Motor vehicle repair" means general repair, rebuilding or reconstruction of engines, motor vehicles or trailers; collision services including body, frame, or fender straightening or repair; overall painting or painting shop; or vehicle steam cleaning.
(Ord. 8-2013. Passed 2-26-13.)

1111.95 MOTOR VEHICLE WRECKING.

   "Motor vehicle wrecking" means the dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(Ord. 8-2013. Passed 2-26-13.)

1111.96 NONCONFORMING USE.

   "Nonconforming use" means a building, structure, or use of land that lawfully existed at the time of the enactment or amendment of Part 11 of the Codified Ordinances of the City of Norwood entitled Planning and Zoning and which does not conform to the regulations of the district or zone in which it is situated.
(Ord. 8-2013. Passed 2-26-13.)

1111.97 NURSING HOME.

   "Nursing Home" means an extended or intermediate care facility which provides skilled nursing and dietary care for persons who are ill or incapacitated or which provides service for the rehabilitation of the persons who are convalescing from illness or incapacitation, excluding homes or similar institutions or facilities for persons suffering from acute or chronic alcoholism or other drug dependency, or persons who are mentally incapacitated from causes other than simple senility or who regularly require constraint.
(Ord. 8-2013. Passed 2-26-13.)

1111.98 OFFICE.

   "Office" means any building or space within a building for the transaction of business where reports are prepared, records kept and professional, administrative or business related services are rendered. No retail or wholesale sales are offered and no manufacturing, production, assembly or distribution takes place, except those activities that are customarily incidental to the services rendered.
(Ord. 8-2013. Passed 2-26-13.)

1111.99 OPEN SPACE.

   "Open space" means an area open to the sky which may be on the same lot with the building. The area may include, along with the natural environmental features, swimming pools, tennis courts, and or any other recreational facilities that the Planning Commission deems permissible. Streets, structures for habitation, and the like shall not be included.
(Ord. 8-2013. Passed 2-26-13.)

1111.99B OPEN-AIR CRAFT AND/OR FARMERS MARKET.

   “Open-air craft and/or farmers market” shall mean a temporary use, operated outside and subject to the property owner’s written approval, for no more than eight hours per day, and for two consecutive days per week, during the months of May through November. The operator and owner shall provide evidence to the Building Department that any necessary Health Department permit per Part 17 of the Codified Ordinances is approved, and that adequate arrangements for off-street parking are available, which must be located within 600 feet of market venue. No permanent canopies, signage, tents, or structures shall be allowed. A Temporary Permit of Occupancy from the Building Commissioner shall be required, which Permit shall be valid for no more than thirty-one days, subject to renewal every month.
(Ord. 18-2022. Passed 4-26-22.)

1111.100 OUTDOOR DISPLAY.

   "Outdoor Display" means the placing of merchandise in an outdoor area that is open to the general public when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area.
(Ord. 8-2013. Passed 2-26-13.)

1111.101 PARKING SPACE, OFF-STREET.

   "Parking space, off-street" means an area that meets the size and dimension requirements of this Zoning Code, together with properly related access to a pubic street or alley and maneuvering room, but which is located totally outside of any street or alley right-of-way.
(Ord. 8-2013. Passed 2-26-13.)

1111.102 PAWN SHOP.

   "Pawn Shop" means any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the property back again to the depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.
(Ord. 8-2013. Passed 2-26-13.)

1111.103 PERSONAL SERVICES.

   "Personal services" mean an establishment primarily engaged in providing services involving the care of a person or his or her apparel, clothing rental, shoe repair, barber shop, beauty shop, watch repair shop, dog grooming, and other like and similar uses.
(Ord. 8-2013. Passed 2-26-13.)

1111.104 PET DAY CARE.

   "Pet day care" means any building, structure, or premises designed, intended to be used, or used for the temporary care or keeping of animals. For purposes of this definition, the word "temporary" means for a period of time less than twenty four (24) hours in a day.
(Ord. 8-2013. Passed 2-26-13.)

1111.105 PLANNED UNIT DEVELOPMENT.

   "Planned unit development" means an area of land developed in accordance with a unified plan approved by the City under provisions of this Zoning Code in which buildings and land uses or a variety of building types and land uses are accommodated in a preplanned environment under standards with respect to lot sizes, setbacks, and other restrictions that are flexible and specifically designed for the particular development with the approval of the Planning Commission and Council. (Ord. 8-2013. Passed 2-26-13.)

1111.106 PRINCIPAL ENTRANCE.

   "Principal Entrance" means the main point of access of pedestrians into the building.
(Ord. 8-2013. Passed 2-26-13.)

1111.107 PROFESSIONAL OFFICE.

   "Professional Office" means an office of a practitioner or practitioners of a specific occupation, vocation or calling in which a professed knowledge of some department of science or learning, not purely commercial, mechanical or agricultural, is used in its practical application to the affairs of other, either by advising or by guiding them in serving their interests or welfare. Such uses includes, but are not limited to, offices of medical doctors, dentists, engineers, surveyors, city planners, lawyers, real estate brokers, insurance agents, architects, landscape architects, optometrists, and chiropractors, and other like and similar uses.
(Ord. 8-2013. Passed 2-26-13.)

1111.108 PLACE OF WORSHIP.

   "Place of Worship" means a church, synagogue, temple, mosque, rector, parish house, meditation center, or similar building incidental to the particular use which is maintained and operated by an organized group of people for religious purposes.
(Ord. 8-2013. Passed 2-26-13.)

1111.109 PUBLIC SERVICE FACILITY.

   "Public service facility" means any building or structure used or designed to be used for any public utility, public land or buildings devoted solely to the storage and maintenance of equipment and materials.
(Ord. 8-2013. Passed 2-26-13.)

1111.110 PUBLIC TRANSPORTATION CENTER.

   "Public Transportation Center" means a building or portion thereof used as a terminus for rail or bus passenger service. This term shall include, but not be limited to, train and bus stations and other uses similar in nature and impact.
(Ord. 8-2013. Passed 2-26-13.)

1111.111 PUBLIC USES.

   "Public uses" include post offices; museums; meeting halls; public parks; elementary and secondary schools; public libraries; police stations; fire stations; community centers; recreation centers; cultural, visual, and performing art centers; lodge halls, labor union halls and offices; meeting places of civic, education, religious, welfare and philanthropic organizations; governmental buildings and structures open to the public; and other like and similar uses but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and to public service facilities.
(Ord. 8-2013. Passed 2-26-13.)

1111.112 PUNCHED WINDOWS.

   "Punched Windows" means an opening in the building facade setback at least two inches to allow for a window.
(Ord. 8-2013. Passed 2-26-13.)

1111.113 RESEARCH AND DEVELOPMENT FACILITY.

   "Research and development facility" means a building or group of buildings used for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
(Ord. 8-2013. Passed 2-26-13.)

1111.114 RESTAURANT.

   "Restaurant" means an establishment where meals are served to the public for compensation. Restaurants shall be classified as follows:
   A.    Restaurant, drive thru: An establishment which sells food already prepared for consumption, packaged in paper, Styrofoam or similar materials, and may include drive in or drive up facilities for ordering.
   B.    Restaurant, general: An establishment which sells food for consumption on or off the premises, including but not limited to restaurants, cafes, place for the sale and consumption of non-alcoholic beverages, ice cream, bakery, and the like and similar uses.
(Ord. 8-2013. Passed 2-26-13.)

1111.115 RETAIL SERVICES.

   "Retail Services" means establishments providing services as opposed to products for the general public. Such uses include but are not limited to FDIC-insured banks, real estate and insurance agencies, travel agencies, health and educational services, financial investment brokerage firms, employment agencies, galleries, and other like and similar uses.
(Ord. 8-2013. Passed 2-26-13.)

1111.116 RETAIL, CLASS A.

   "Retail, class A" means establishments including, but not limited to, full service grocery stores; pharmacies; book, video, and music stores; coffee and tea shops; cameras, electronics and computers; telephone and telephone services; jewelry; fashion/specialty clothing and accessories; travel; crafts and craft materials; furniture; hobby and toys; outdoor equipment and sporting goods; pet supplies; boutique bakeries; specialty food stores; florist; hardware; and other like and similar uses.
(Ord. 8-2013. Passed 2-26-13.)

1111.117 RETAIL, CLASS B.

   "Retail, class B" means firearms sales, establishments selling automotive equipment or parts, dollar stores, tattoo parlors, sale of used merchandise, except consignment, dry cleaning limited, cleaning and garment services, and laundry facilities.
(Ord. 8-2013. Passed 2-26-13.)

1111.118 RETAIL, CLASS C.

   "Retail, class C" means check cashing, short-term-loan establishments, pawn shops, furniture-rental establishments, car washes, sale of used vehicles as a principally permitted use, and rent-to-own establishments of merchandise and equipment.
(Ord. 8-2013. Passed 2-26-13.)

1111.119 RIGHT-OF-WAY.

   "Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
(Ord. 8-2013. Passed 2-26-13.)

1111.120 SANATORIUM.

   "Sanatorium" means an institution for the in patient treatment of chronic diseases.
(Ord. 8-2013. Passed 2-26-13.)

1111.121 SCHOOL, TRADE, BUSINESS, CULTURAL, OR ARTS.

   "School, trade, business, cultural, or arts" means facilities primarily teaching usable skills that prepare students for jobs within a specific trade or facilities providing instructions on social and religious customs and activities, performing arts and/or sports. Such facilities may include beauty schools, dance instruction centers and martial arts schools.
(Ord. 8-2013. Passed 2-26-13.)
  

1111.122 SEAT.

   "Seat" means for the purpose of determining the number of off-street parking spaces for certain uses, the member of seats means the number of seating units installed or indicated, or each eighteen lineal inches of benches, pews or space for loose chairs.
(Ord. 8-2013. Passed 2-26-13.)

1111.123 SERVICES.

   "Services" means intangible products of businesses that are sold for value.
(Ord. 8-2013. Passed 2-26-13.)

1111.124 SETBACK LINE.

   "Setback line" means a line established by the Zoning Code generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except as may be provided in the Code. The area between the setback line and the lot line is also referred to in this Zoning Code as the required yard.
(Ord. 8-2013. Passed 2-26-13.)

1111.125 SEXUALLY ORIENTED BUSINESS.

   "Sexually Oriented Business" means adult bookstore, adult cabaret, adult motion picture theater, adult theater, and adult arcade as defined and regulated in Chapter 757 of the Codified Ordinance. "Sexually Oriented business" shall not mean escort agency, adult motel, or sexual encounter center.
(Ord. 8-2013. Passed 2-26-13.)

1111.126 SHORT TERM LOAN ESTABLISHMENT.

   "Short term loan establishment" means a business engaged in providing short term loans of money of an original term of less than 31 days, with or without security given by the borrower or with or without a comaker, guarantor, endorser or surety, to members of the general public as an element of its operation and which is not a bank or a savings and loan association. Short term loan establishments shall include businesses offering what is, or is marketed as, payday loans, signature loans, title (to vehicles, boats or other personal property, but not real estate) loans, check cashing loans, small loans and other similar loans; but, does not include pawnshops.
(Ord. 8-2013. Passed 2-26-13.)

1111.127 SORORITY/FRATERNITY HOUSE.

   "Sorority/Fraternity House" means a building which is occupied only by a group of university or college students who are associated with a fraternity or sorority that is chartered by a national/international fraternity or recognized by a college or university. These students also receive lodging and / or meals on the premises for compensation. Occupants may also include employees and pledges of the fraternity or its agents, and non members not to exceed ten percent of the maximum occupancy of the building.
(Ord. 8-2013. Passed 2-26-13.)

1111.127B SPECIAL EVENT CENTER.

   “Special Event Center” shall mean a wholly enclosed commercial facility, either as a stand-alone use, or in combination with another permitted use, where banquets, corporate functions, exhibitions, parties, receptions, trade shows, weddings, or other similar group assembly type activities may be held.
(Ord. 18-2022. Passed 4-26-22.)

1111.128 STORY.

   "Story" means that part of a building between the surface of the floor and the ceiling immediately above. If there is no ceiling above it, any portion of a story exceeding fourteen feet in height shall be considered as an additional story for each fourteen feet or fraction thereof.
(Ord. 8-2013. Passed 2-26-13.)

1111.129 STRUCTURE.

   "Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. The definition of structure is all inclusive including not only conventional buildings but all other structures such as buildings, radio towers, dish antennas, solar devices, walls, fences, billboards, heat pumps, air conditioning compressors, dog houses, and signs.
(Ord. 8-2013. Passed 2-26-13.)

1111.130 STUDIO USE.

   "Studio use" means a place of work by an artist, artisan, craftsperson, etc., including persons engaged in the application, teaching, or performance of fine arts, such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, and writing, or other like and similar uses, and specifically excluding sexually oriented businesses.
(Ord. 8-2013. Passed 2-26-13.)

1111.131 TRUCK OR MOTOR FREIGHT TERMINALS.

   "Truck or motor freight terminals" means a facility where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
(Ord. 8-2013. Passed 2-26-13.)

1111.132 USE.

   "Use" means a specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
(Ord. 8-2013. Passed 2-26-13.)

1111.133 USED MOTOR VEHICLE SALE.

   "Used Motor Vehicle Sales" means a motor vehicle, the legal title to which has been transferred by a manufacturer, remanufacturer, distributor or dealer to an ultimate purchaser and then transferred from said purchaser to the dealer for resale to another.
(Ord. 8-2013. Passed 2-26-13.)

1111.134 VARIANCE.

   "Variance" means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(Ord. 8-2013. Passed 2-26-13.)

1111.135 VETERINARY ANIMAL HOSPITAL OR ANIMAL CLINIC.

   "Veterinary animal hospital or animal clinic" means a place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention; it may include overnight accommodations on the premises for the treatment, observation and recuperation as an incidental use.
(Ord. 8-2013. Passed 2-26-13.)

1111.136 WAREHOUSE AND DISTRIBUTION FIRMS.

   "Warehouse and distribution firms" means an establishment where goods are received and stored for delivery to consumers at different locations.
(Ord. 8-2013. Passed 2-26-13.)

1111.137 YARD.

   "Yard" means open spaces other than an interior court unoccupied and unobstructed by any structure or portion of a structure.
(Ord. 8-2013. Passed 2-26-13.)

1111.138 YARD, FRONT.

   "Yard, front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
(Ord. 8-2013. Passed 2-26-13.)

1111.139 YARD, REAR.

   "Yard, rear" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
(Ord. 8-2013. Passed 2-26-13.)

1111.140 YARD, SIDE.

   "Yard, side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(Ord. 8-2013. Passed 2-26-13.)

1111.141 ZONING PERMIT.

   "Zoning Permit" means a document issued by the Chief Building Official or authorized staff delegate certifying that a proposed or actual use complies with the applicable requirements of this Zoning Code on a particular piece of property.
(Ord. 8-2013. Passed 2-26-13; Ord. 50-2022. Passed 11-8-22.)

1113.01 TITLE.

   Chapters 1111 through 1155 of the Codified Ordinances, inclusively, shall be known and may be cited as the "Zoning Ordinance of the City of Norwood", or the "Zoning Code". The City is a Municipal corporation in Hamilton County, State of Ohio, organized under the laws of Ohio and exercising home rule powers under Article XVIII of the Constitution of the State of Ohio.
(Ord. 30-1985. Passed 6-25-85.)

1113.02 PROVISIONS TO BE MINIMUM REQUIREMENTS.

   In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this Zoning Code are at variance with the requirements of any other lawfully adopted rule, regulation, ordinance, enforceable resolution of Council or restriction of the chain of title, the most restrictive requirement takes precedence over the less restrictive requirement.
(Ord. 30-1985. Passed 6-25-85.)

1113.03 PURPOSES.

   (a)    This Zoning Code promotes and protects the public health, safety and general welfare of the City, in accordance with the comprehensive plan and planning process that is reflected in the contents of this Code and in the zoning map of the City by:
      (1)    Division of the City into zones or districts within which specific regulations control the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for commerce, industry, residence and other specific land uses; regulation of the intensity of land use through a control of the amount of lot area on which construction is authorized and a determination of the area of open space surrounding any man-made improvements on land.
      (2)    Establishment of setback lines between the lot line and any building or structure and the regulation of the locations of structures designed for specific uses within lots in any zoned district.
      (3)    Establishment of standards to which buildings or structures shall conform.
      (4)    Prohibition of uses, buildings or structures incompatible with the character of respective districts or inconsistent with the uses authorized in specific districts.
      (5)    Reduction of congestion in public streets through the requirement of off-street spaces in which to park motor vehicles and to load and unload motor vehicles.
      (6)    Regulation of certain nonconforming uses of land, buildings and structures.
      (7)    Encouragement and facilitation of efficient and appropriate growth and development within the City in order to promote and preserve values of real estate and to encourage an increase in economic opportunities, an increase in employment opportunities and an increase in opportunities for good quality housing for the people of the City.
      (8)    Protection of residential, business, commercial and industrial areas from encroachment by incompatible land uses that would be harmful to the public health, safety and general welfare and inconsistent with the comprehensive plan for the City reflected in thia Zoning Code, the zoning map and various planning studies adopted by Council from time to time.
      (9)    Promotion of a reasonable pattern of relationships among residential, business, commercial and manufacturing uses for the purpose of promoting the public health, safety and general welfare of the people who reside or work in the City.
   (b)    The purpose shall be implemented in accordance with the comprehensive plan for the City as manifested in this Zoning Code, and its companion zoning map, and in various planning studies which have been approved or will be approved by Council from time to time.
(Ord. 30-1985. Passed 6-25-85.)

1113.04 VALIDITY AND CONFLICT.

   (a)    Should any section or provision of this Zoning Code be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Code as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
   (b)    All ordinances or parts of ordinances in conflict with this Zoning Code or inconsistent with the provisions of this Code are hereby repealed to the extent necessary to give this Code full force and effect. This Zoning Code shall become effective from and after the date of its approval and adoption as provided by law.
(Ord. 30-1985. Passed 6-25-85.)

1115.01 BUILDING COMMISSIONER DECLARED TO BE ENFORCEMENT OFFICER.

   Except as stated otherwise in this Zoning Code, the Building Department through its Chief Building Official or authorized staff delegate, officers or employees shall enforce the provisions of this Zoning Code.
(Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1115.02 DUTIES OF BUILDING COMMISSIONER.

   For the purposes of this Zoning Code, the Chief Building Official or authorized staff delegate shall have the following duties:
   (a)   Enforce the provisions of this Zoning Code;
   (b)    Interpret this Zoning Code text and the official zoning map;
   (c)   Issue zoning permits and permits of occupancy as provided by this Zoning Code and keep a record of same with a notation of any special conditions involved;
   (d)    Act upon all applications upon which he is authorized to act by the provisions of this Zoning Code within thirty days after these are filed in compliance with all the applicable requirements. He shall either issue a zoning permit within thirty days or shall notify the applicant in writing of his refusal of such permit and the reasons therefor. Failure to notify the applicant in case of such refusal within such thirty days shall entitle the applicant to submit his request to the Board of Zoning Appeals;
   (e)    Upon finding that any of the provisions of this Zoning Code are being violated, he shall notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation;
   (f)    Order discontinuance of uses of land, buildings or structures in violation of the provisions of this Zoning Code;
   (g)    Order removal of buildings or structures or additions or structural alterations in violation of the provisions of this Zoning Code;
   (h)    Order discontinuance of work being done in violation of this Zoning Code;
   (i)    Take any other action authorized by this Zoning Code to insure compliance with or to prevent violations of this Zoning Code. This may include the issuance of an action on zoning permits and permits of occupancy and such similar administrative duties as are permissible under the law;
   (j)    Maintain and keep current the permanent records required by Council including but not limited to the official zoning district map, zoning permits, permits of occupancy, zoning inspections and all official zoning actions of the Planning Commission, Board of Zoning Appeals and Council. Such records shall be made available for use by Council, the Planning Commission, the Board of Zoning Appeals and the general public; and
(Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)
   (k)   To provide comments to the City Planning Commission with regard to applications for T-Zone development plan approvals.
(Ord. 37-1999. Passed 7-13-99.)

1115.03 PERMIT REVIEW COMMITTEE.

   (EDITOR'S NOTE: Section 1115.03 was repealed by Ordinance 13-1987, passed March 24, 1987.)

1115.04 PLANNING COMMISSION ESTABLISHED.

   There is hereby established a Planning Commission which shall consist of five members including the Mayor, the Director of Public Service and three citizens of the City who shall serve without compensation and shall be appointed by the Mayor for a term of six years.
(Ord. 30-1985. Passed 6-25-85.)

1115.05 DUTIES OF PLANNING COMMISSION.

   For the purpose of this Zoning Code, the Planning Commission shall have the following duties:
   (a)   Review all proposed amendments to this Zoning Code or zoning district map and make recommendations to Council;
   (b)   Initiate advisable official zoning district map changes or changes in the text of the Zoning Code where they will promote the best interests of the public in general and make recommendations to Council;
   (c)   Review all Planned Unit Developments and make recommendations to Council as provided in Chapter 1155; and
      (Ord. 37-1999. Passed 7-13-99.)
   (d)   (EDITOR’S NOTE: Former subsection (d) was deleted by Ordinance 50-2022, Section 22, passed November 8, 2022.)

1115.06 PROCEEDINGS OF PLANNING COMMISSION.

   The Planning Commission shall adopt the rules necessary to conduct its affairs in keeping with the provisions of this Zoning Code. Meetings shall be held at the call of the Chairman and at such other times as the Commission may determine. All meetings shall be open to the public unless an executive session is held for a purpose permitted by Ohio R.C. 121.22 (Ohio Open Meeting Law). The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question. If a member is absent or fails to vote, the minutes shall indicate that fact. The Commission shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the Commission.
(Ord. 37-1999. Passed 7-13-99.)

1115.07 BOARD OF ZONING APPEALS CREATED.

   There is hereby established a Board of Zoning Appeals to consist of five residents of the City to be appointed by the Mayor no later than December 31, 2000. One of these members shall be a member of the Planning Commission; one member shall be a person engaged in the real estate business; and one shall be an architect, engineer or other person engaged in a construction business. One shall be appointed for one year, one for two years, one for three years, one for four years and one for five years; their successors shall be appointed for five years each. The term of the member of the Planning Commission on the Board of Zoning Appeals shall expire at the same time as his term on the Planning Commission. A member appointed to fill a vacancy shall serve for the unexpired term.
(Ord. 101-2000. Passed 12-26-00.)

1115.08 DUTIES OF BOARD OF ZONING APPEALS.

   In exercising its duties the Board of Zoning Appeals may, as long as such action is in conformity with this Zoning Code, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Chief Building Official or authorized staff delegate from whom the appeal is taken. For the purpose of this Zoning Code the Board has the following specific responsibilities:
   (a)    To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Chief Building Official or authorized staff delegate;
   (b)    To authorize variances;
   (c)    To grant conditional use permits;
   (d)    To interpret the provisions of this Zoning Code and interpret the zoning map; and
   (e)    To regulate nonconforming uses.
      (Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1115.09 PROCEEDINGS OF BOARD OF ZONING APPEALS.

   The Board of Zoning Appeals shall elect its own chairman and shall adopt rules of procedure consistent with the provisions of this Zoning Code. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public unless an executive session is held for a purpose permitted by Ohio R.C. 121.22 (Ohio Open Meeting Law). The Board shall keep minutes of its proceedings and the vote of each member upon each question; or if absent; or if failing to vote, indicating such fact and shall also keep records of its examinations and other official actions, all of which shall be of public record and be immediately filed in the office of the Board.
(Ord. 30-1985. Passed 6-25-85.)

1117.01 PROCEDURE FOR AMENDMENT OR DISTRICT CHANGES.

   This Zoning Code may be amended utilizing the procedures specified in this chapter.
(Ord. 30-1985. Passed 6-25-85.)

1117.02 CHANGES BY COUNCIL.

   Whenever the public necessity, convenience or general welfare require, Council may, by ordinance after receipt of recommendation thereon from the Planning Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classifications of property.
(Ord. 30-1985. Passed 6-25-85.)

1117.03 INITIATION OF ZONING AMENDMENTS.

   Amendments to this Zoning Code may be initiated in one of the following ways:
   (a)    By adoption of a motion by the Planning Commission;
   (b)    By adoption of a resolution by Council; or
   (c)    By the filing of an application with the Chief Building Official or authorized staff delegate by at least one owner of property within the area proposed to be changed or affected by such amendment or by the owner's agent.
      (Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1117.04 CONTENTS OF APPLICATION.

   The application shall be signed by the applicant or the applicant's agent attesting to the truth and exactness of all information supplied by the application provided that an individual signing as the applicant's agent shall furnish proof of his authority to act for the applicant. At a minimum the application shall contain the following information:
   (a)    Name, address and phone number of applicant;
   (b)    Proposed amendment to the text or legal description of the property proposed to be rezoned;
   (c)    Present use;
   (d)    Present zoning district;
   (e)    Proposed use including any plans that the applicant has developed;
   (f)    Proposed zoning district;
   (g)    A vicinity map on a scale approved by the Chief Building Official or authorized staff delegate showing property lines, streets, existing and proposed zoning and such other items as the Chief Building Official or authorized staff delegate may require; and
   (h)    A fee as established by Council.
      (Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1117.05 TRANSMITTAL TO PLANNING COMMISSION.

   Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner of property such resolution or application shall be transmitted to the Planning Commission.
(Ord. 30-1985. Passed 6-25-85.)

1117.06 PUBLIC MEETING BY PLANNING COMMISSION.

   The Planning Commission shall, after the adoption of its own motion, transmittal of a resolution from Council or the filing of an application for zoning amendment hold a public meeting to consider the zoning amendment.
(Ord. 30-1985. Passed 6-25-85.)

1117.07 NOTICE OF PUBLIC MEETING IN NEWSPAPER.

   Before holding the public meeting provided in Section 1117.06, notice of such hearing shall be given by the Planning Commission, by publication of a notice in a newspaper of general circulation in the City at least once, ten days prior to the meeting. This notice shall set forth the time and place of the public meeting, the nature of the proposed amendment and a statement that after the conclusion of such public hearing the matter shall be referred to Council for further determination.
(Ord. 30-1985. Passed 6-25-85.)

1117.08 NOTICE TO PROPERTY OWNERS BY PLANNING COMMISSION.

   Written notice of the hearing shall be mailed by the Planning Commission, by first class mail at least ten days before the date of the hearing, to all owners of property within such area proposed to be rezoned or redistricted and to the owners of property located within 200 feet in any direction of the area to be rezoned, to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list or other lists that may be specified by Council. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1117.07.
(Ord. 30-1985. Passed 6-25-85.)

1117.09 RECOMMENDATION BY PLANNING COMMISSION.

   After the public meeting provided in Section 1117.06, the Planning Commission shall recommend to Council that the amendment be granted, as requested, or it may recommend a modification of the amendment requested or it may recommend the amendment not be granted. The Planning Commission shall transmit its recommendation to Council.
(Ord. 30-1985. Passed 6-25-85.1

1117.10 PUBLIC HEARING BY COUNCIL.

   Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing.
(Ord. 30-1985. Passed 6-25-85.)

1117.11 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Notice of the public hearing required in Section 1117.10 shall be given by Council by publication of a notice in a newspaper of general circulation in the City. Such notice shall be published at least thirty days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 30-1985. Passed 6-25-85.)

1117.12 NOTICE TO PROPERTY OWNERS BY COUNCIL.

   Written notice of the hearing shall be mailed by the Clerk of Council by first class mail at least twenty days before the day of the hearing to all owners of property within such area proposed to be rezoned or redistricted and to the owners of property located within 200 feet in any direction of the area to be rezoned. Such notice shall be sent to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by Council. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1117.11.
(Ord. 30-1985. Passed 6-25-85.)

1117.13 ACTION BY COUNCIL.

   No amendment of the Zoning Code of the City or of the zone map shall be made, passed or enacted by Council until and unless such amendment shall be approved by the Planning Commission; provided that in case of its failure to approve, the Planning Commission shall communicate its reasons for failure to approve to Council, and Council, by a vote of not less than three-fourths of its members, shall have the power to overrule such failure to approve and to make, adopt or enact the proposed amendment.
(Ord. 30-1985. Passed 6-25-85.)

1117.14 EFFECTIVE DATE AND REFERENDUM.

   The amendments adopted by Council shall become effective thirty days after the date of such adoption unless within thirty days after the passage of the amendment there is presented a petition signed by a number of qualified voters residing in the City, equal to not less than ten percent (10%) of the total vote cast in the City at the last preceeding general election at which the governor was elected, requesting Council to submit the zoning amendment to the electors of the City for approval or rejection at the next general election. The form and procedures for the filing and action on a referendum petition shall be as provided for in the Ohio Revised Code, provisions for referendum in cities.
(Ord. 30-1985. Passed 6-25-85.)

1117.15 PROCEDURE AND REQUIREMENTS FOR APPEALS AND VARIANCES.

   Appeals and variances shall conform to the procedures and requirements of Sections 1117.16 through 1117.25, inclusively.
(Ord. 30-1985. Passed 6-25-85.)

1117.16 APPEAL OF DECISION OF CHIEF BUILDING OFFICIAL.

   Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Zoning Code may be taken by any person aggrieved by any zoning decision of the Chief Building Official or authorized staff delegate. Such appeal to the Board of Zoning Appeals shall be taken after the decision by filing with the Chief Building Official or authorized staff delegate and with the Board of Zoning Appeals a notice of appeal specifying the grounds upon which the appeal is being taken. Appeals shall be made in writing, within thirty days of the date of issuance of the Chief Building Official’s or authorized staff delegate’s zoning decision, accompanied by an application fee as set by Council. The Chief Building Official or authorized staff delegate shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
(Ord. 93-2002. Passed 12-10-02; Ord. 50-2022. Passed 11-8-22.)

1117.17 STAY OF PROCEEDINGS.

   An appeal stays all proceedings in furtherance of the action appealed from unless the Chief Building Official or authorized staff delegate from whom the appeal is taken certifies to the Board of Zoning Appeals, after the notice of appeal is filed with him, that by reason of facts stated in the application a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by restraining order which may be granted by the Board of Zoning Appeals or by a court of record upon application, on notice to the Chief Building Official or authorized staff delegate from whom the appeal is taken, on due cause shown.
(Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1117.18 VARIANCES.

   The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Zoning Code as will not be contrary to the public interest where, owing to special conditions of the property, a literal enforcement of the provisions of this Zoning Code would result in an unnecessary hardship. The Board’s actions on variance applications shall be subject to the following limitations:
   (a)   No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming uses of land, structures, or buildings in other districts shall be considered grounds for issuance of a variance;
   (b)   The Board may not grant a variance which would permit the establishment of a use not otherwise permitted in the district;
   (c)   No variance shall be granted by the Board of Zoning Appeals unless and until the Board has recorded findings as detailed in Section 1117.20.
      (Ord. 24-2001. Passed 3-13-01.)

1117.19 APPLICATION FOR CONDITIONAL USES AND VARIANCES.

   The Board of Zoning Appeals shall not consider any conditional use or variance unless and until a written application is submitted to the Building Department. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied. At a minimum, the application shall contain the following information:
      (a)    Name, address, telephone number of applicant;
      (b)    Legal description of property;
      (c)    Description of the existing land-uses, current zoning, and nature of the conditional use of variance;
      (d)    A statement addressing each of the findings points in Section 1117.20 (Variance) or Section 1117.28 (Conditional Use);
      (e)    A fee as established by Council.
      (f)    A plan of the proposed site showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the Board may require to determine if the proposed conditional use or variance meets the intent and requirements of this Zoning Code;
   (g)    For Conditional Uses, a statement evaluating the effect on adjoining properties; the effect of such elements as noise, glare, odor, fumes, vibration on adjoining property and a discussion of the general compatibility with adjacent and other properties in the district.
      (Ord. 50-2022. Passed 11-8-22.)

1117.20 FINDINGS FOR A VARIANCE.

   No variance to the provisions or requirements of this Zoning Code shall be granted by the Board of Zoning Appeals unless the Board has determined that a practical difficulty does exist or will result from the literal enforcement of the Zoning Code. The factors to be considered and weighed by the Board in determining whether a property owner, seeking an area variance, has proved practical difficulty include:
   (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 property would suffer a substantial detriment as a result of the variance;
   (d)   Whether the variance would adversely affect the delivery of government services (e.g., water, sewer, garbage, police, fire, or other);
   (e)   Whether the property owner purchased the property with knowledge of the zoning restriction;
   (f)   Whether the variance requested arises from a condition which is unique and which is not ordinarily found in the same zoning district;
   (g)   Whether the variance request arises from a condition which is created by the Zoning Code and not by an action or actions of the property owner or applicant;
   (h)   Whether the property owner’s predicament can be obviated by some method other than a variance;
   (i)   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by the granting of the variance;
   (j)   Whether the granting of the variance will be contrary to the general purpose, intent, and objective of the Zoning Code or other adopted Plans of the City of Norwood.
(Ord. 24-2001. Passed 3-13-01.)

1117.21 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   In granting any appeal, variance or conditional use the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards when made a part of the terms under which the appeal, variance or conditional use is granted shall be deemed a violation of this Code and punishable under Section 1119.99. 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 Zoning Code in the district involved, or any use prohibited by the terms of this Code in such district. (Ord. 50-2022. Passed 11-8-22.)

1117.22 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.

   The Board of Zoning Appeals shall consider conditional uses and variances at open, public hearings on a regularly scheduled monthly basis. Requests received by or on the 20th of the month shall be heard at the following month's meeting when practical. When the 20th of the month falls on a weekend or holiday, applications shall be due on the nearest business day. The Board may, at its discretion, schedule a hearing in addition to its regular monthly hearings, or request a continuance or postponement based on the complexity, nature of the application, or verification of public notice.
(Ord. 50-2022. Passed 11-8-22.)

1117.23 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Before holding a hearing, public notice shall be given by publication in a newspaper of general circulation in the City, not less than ten (10) days prior to the hearing. The notice shall set forth the time and place of the public hearing, the site's address and location, and the general nature of the proposed appeal, conditional use, or variance.
(Ord. 50-2022. Passed 11-8-22.)

1117.24 NOTICE TO PARTIES IN INTEREST.

   (a)    Prior written notification for Board of Zoning Appeals public hearings shall be provided as per the following requirements:
      (1)   Applications involving one, or two-family residences shall submit written proof that each adjacent, abutting and touching property owners of record, including those properties immediately across any street, have been sent notification.
      (2)   Applications involving multi-family, commercial or industrial land-uses shall submit written proof that each property owner of record located within 200 feet radius of the lot lines of the subject property has been sent notification of the public hearing.
   The above public notice requirement shall be the sole responsibility of the applicant, contain the description and information listed in the newspaper requirement, and be sent a minimum of ten (10) days prior to the scheduled public hearing. Proof of the applicant's fulfillment of this requirement may include: notification forms signed by each such property owner; an affidavit by the applicant that the notification forms were mailed to each such property owner by first class U.S. Mail, or certified mail with Proof of Mailing form (P.S. Form 3817), verified by the United States Postal Service; or by any combination of these methods.
   (b)    If Building Department staff, or the Board determines public notification was not sent to all required property, the Board shall not proceed with hearing until complete notification has been satisfied or fully verified by the applicant. Failure of the applicant to have satisfied public notice as required by this section may be subject to the penalties provided in Section 1119.99, including revoking any Board approval.
(Ord. 50-2022. Passed 11-8-22.)

1117.25 ACTION BY BOARD OF ZONING APPEALS.

   Within thirty days after the public hearing required in Section 1117.22 the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in Section 1117.21, or disapprove the request for appeal, variance or conditional use. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the appeal, variance or conditional use and by demonstrating that the decision will make possible a reasonable use of the land, building or structure. (Ord. 50-2022. Passed 11-8-22.)

1117.26 PROCEDURES AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USES.

   Conditional uses as delineated in Chapters 1131 through 1147, District Regulations shall conform to the procedures and requirements of Sections 1117.27 through 1117.34, inclusively.
(Ord. 37-1999. Passed 7-13-99.)

1117.27 APPLICATION FOR CONDITIONAL USE PERMIT. (REPEALED)

   (EDITOR’S NOTE: Former Section 1117.27 was deleted by Ordinance 50-2022, Section 12, passed November 8, 2022.)

1117.28 GENERAL STANDARDS FOR CONDITIONAL USES.

   In addition to the specific requirements for conditionally permitted uses as specified in the district use regulations the Board 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 at the proposed location:
   (a)    Shall be harmonious and in accordance with the general objectives of the City's comprehensive plan and/or this Zoning Code;
   (b)    Shall 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 so that such use shall not change the essential character of the same area;
   (c)   Shall not be hazardous or disturbing to neighboring uses;
   (d)    Shall be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal, water and sewers, schools; and the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services;
   (e)    Shall not create additional requirements of public cost for public facilities and public services and shall not be detrimental to the economic welfare of the community; and
   (f)    Shall not involve uses, activities, processes, material, 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, smoke, fumes, glare or odors.
      (Ord. 30-1985. Passed 6-25-85; Ord. 15-1992. Passed 4-28-92.)

1117.29 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS. (REPEALED)

   (EDITOR’S NOTE: Former Section 1117.29 was deleted by Ordinance 50-2022, Section 14, passed November 8, 2022.)

1117.30 PUBLIC HEARING BY BOARD OF ZONING APPEALS FOR CONDITIONAL USES. (REPEALED)

   (EDITOR’S NOTE: Former Section 1117.30 was deleted by Ordinance 50-2022, Section 16, passed November 8, 2022.)

1117.31 NOTICE OF PUBLIC HEARING IN NEWSPAPER. (REPEALED)

   (EDITOR’S NOTE: Former Section 1117.31 was deleted by Ordinance 50-2022, Section 18, passed November 8, 2022.)

1117.32 NOTICE TO PARTIES IN INTEREST. (REPEALED)

   (EDITOR’S NOTE: Former Section 1117.32 was deleted by Ordinance 50-2022, Section 20, passed November 8, 2022.)

1117.33 ACTION BY BOARD OF ZONING APPEALS OR THE PLANNING COMMISSION.

   Within thirty days after the public hearing required by Section 1117.30, the Board or Commission shall either approve, approve with supplementary conditions as specified in Section 1117.29, or disapprove the application as presented. If the application is approved or approved with modifications, the Board shall direct the Chief Building Official or authorized staff delegate to issue a conditional zoning permit or the Commission shall direct the Chief Building Official or authorized staff delegate to issue a development plan approval listing the specific conditions specified by the Board for approval. If the application is disapproved, the applicant may seek relief through the Court of Common Pleas.
(Ord. 37-1999. Passed 7-13-99; Ord. 50-2022. Passed 11-8-22.)

1117.34 EXPIRATION OF CONDITIONAL USE PERMIT.

   A Conditional Use Permit approval shall be deemed to authorize only the particular conditional use or the particular development plan contained in the application and such conditional permit approval shall automatically expire, if for any reason the conditional use shall not be established within six months or, if having been established, shall cease for more than six months.
(Ord. 39-2011. Passed 9-27-11.)

1117.35 APPEAL OF DECISION OF BOARD OF ZONING APPEALS.

   Pursuant to Ohio Revised Code §2506.01, any person aggrieved by a decision from the Board of Zoning Appeals may appeal the decision to the Hamilton County Court of Common Pleas. Any appeal taken to Court of Common Pleas must be taken in accordance with the requirements set out in the Ohio Rules of Appellate Procedure.
(Ord. 72-2002. Passed 9-10-02.)

1119.01 ZONING PERMITS REQUIRED.

   No building or other structure shall be erected, moved, enlarged, structurally altered, nor shall any building, structure or land be established or changed in use without a zoning permit issued by the Chief Building Official or authorized staff delegate, provided however that where a building permit is required, such building permit shall also serve as a zoning permit. If such zoning permit does not conform with the provisions of this Zoning Code, the applicant shall first obtain a written order from the Board of Zoning Appeals deciding an appeal, conditional use, variance or as otherwise provided by this Zoning Code.
(Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1119.02 APPLICATION FOR ZONING PERMIT.

   The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application. At a minimum the application shall contain the following information:
   (a)    Name, address and telephone number of applicant;
   (b)    Legal description of property;
   (c)    Existing use;
   (d)    Proposed use;
   (e)    Zoning district;
   (f)    Plan drawn to scale showing the 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 locations and dimension of the proposed buildings or alterations;
   (g)    Building height and setbacks;
   (h)    Number of off-street parking or loading spaces;
   (i)    Number of dwelling units; and
   (j)   Such other matters as may be necessary to determine conformance with and provide for the enforcement of this Zoning Code as required by the Building Commissioner.
(Ord. 30-1985. Passed 6-25-85.)

1119.03 APPROVAL OF ZONING PERMIT.

   (a)   Within thirty days after the receipt of an application the Chief Building Official or authorized staff delegate shall either approve or disapprove the application under the provisions of this Zoning Code. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Chief Building Official or authorized staff delegate after having marked such copy either as approved or disapproved and attesting to the same by signature. One copy of the plans similarly marked shall be retained by the Chief Building Official or authorized staff delegate.
   (b)   Any person aggrieved by a decision from the Chief Building Official or authorized staff delegate may appeal the decision in accordance with the procedures set out in Section 1117.16.
(Ord. 74-2002. Passed 9-10-02; Ord. 50-2022. Passed 11-8-22.)

1119.04 EXPIRATION OF ZONING PERMIT.

   (a)   Within thirty days after the receipt of an application the Chief Building Official or authorized staff delegate shall either approve or disapprove the application under the provisions of this Zoning Code. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Chief Building Official or authorized staff delegate after having marked such copy either as approved or disapproved and attesting to the same by signature. One copy of the plans similarly marked shall be retained by the Chief Building Official or authorized staff delegate.
   (b)   Any person aggrieved by a decision from the Chief Building Official or authorized staff delegate may appeal the decision in accordance with the procedures set out in Section 1117.16.
(Ord. 74-2002. Passed 9-10-02; Ord. 50-2022. Passed 11-8-22.)

1119.05 PERMIT OF OCCUPANCY.

   No person shall use or occupy or permit to use for occupancy any building or premises, or any part of a building or premises, created or altered, changed, converted or wholly or partly altered in its use or structure until a permit of occupancy has been issued therefor by the Chief Building Official or authorized staff delegate stating that the proposed use of the building or land conforms to the requirements of this Zoning Code.
(Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1119.06 TEMPORARY PERMIT OF OCCUPANCY.

   A temporary permit of occupancy may be issued by the Chief Building Official or authorized staff delegate for a period not exceeding six months during alterations or partial occupancy of a building pending its completion.
(Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22. )

1119.07 RECORDS OF PERMITS OF OCCUPANCY.

   The Chief Building Official or authorized staff delegate shall maintain a record of all permits of occupancy and a copy shall be furnished upon request to any person.
(Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1119.08 FAILURE TO OBTAIN A ZONING PERMIT OR PERMIT OF OCCUPANCY.

   Failure to obtain a zoning permit or permit of occupancy shall be a violation of this Zoning Code and shall be punishable under Section 1119.99.
(Ord. 30-1985. Passed 6-25-85.)

1119.09 CONSTRUCTION AND USE BASED ON APPROVED APPLICATIONS, PLANS AND PERMITS.

   Zoning permits or permits of occupancy issued on the basis of plans and applications approved by the Chief Building Official or authorized staff delegate authorize only the use and arrangement set forth in such approved plans and applications and amendments thereto; any other use, arrangement or construction at variance with that authorized shall be deemed a violation of this Zoning Code and punishable as provided by Section 1119.99. 
(Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1119.10 COMPLAINTS REGARDING VIOLATIONS.

   Whenever a violation of this Zoning Code occurs or is alleged to have occurred, any person may file a written complaint within thirty days from the date of the violation; such complaint shall fully state the causes and basis thereof and shall be filed with the Chief Building Official or authorized staff delegate. The Chief Building Official or authorized staff delegate shall record properly such complaint and also immediately investigate and take action as provided by this Zoning Code. (Ord. 73-2002. Passed 9-10-02; Ord. 50-2022. Passed 11-8-22.)

1119.11 SCHEDULE OF FEES, CHARGES AND EXPENSES.

   Council shall establish a schedule of fees, charges and expenses and a collection procedure for zoning permits, permits of occupancy, appeals and other matters pertaining to this Zoning Code. The schedule of fees shall be posted in the office of the Building Inspector and may be altered or amended only by Council. Until all applicable fees, charges and expenses have been paid in full no action shall be taken on any application or appeal.
(Ord. 30-1985. Passed 6-25-85. )

1119.12 FEES.

   (a)    The Planned Unit Development Preliminary Plan submission fee, referred to in Section 1155.13(a)(2) of the Zoning Code be and hereby is established and set at three hundred dollars ($300.00).
(Ord. 32- l99l . Passed l 0-22-9 l.)
 
   (b)    The application for conditional use permit submission fee, referred to in Section 1117.27(h) of the Zoning Code be and hereby is established and set at twenty-five dollars ($25.00).
(Ord. 34-1985. Passed 7-9-85.)

1119.99 PENALTY.

   Violations of the provisions of this Zoning Code or failure to comply with any of its requirements shall constitute a misdemeanor of the third degree. Any person, including any individual, partnership, firm or corporation, who violates this Zoning Code or fails to comply with any of its requirements shall pay all costs and expenses involved in the case, in addition to all other applicable penalties. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or any other person who commits, participates or assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalty herein provided. The Law Director may file a civil action to enforce the provisions of this Zoning Code against the property owner or occupant. Nothing herein contained shall prevent the City from such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 3-2004. Passed 1-13-04.)