(a)   The Zoning Administrator finds that, for a single-family home on a subdivided lot, the work described in an application clearly complies with all applicable provisions of this Zoning Code and other Municipal codes according to the procedures set forth in Section 1232.03;

   (b)   A development plan as required in this Code has been approved by the Planning Commission, according to the procedures set forth in Section 1232.06;

   (c)   A conditional use has been approved by Planning Commission according to the procedures set forth in Section 1232.04. Approval by the Planning Commission shall authorize the Zoning Administrator to issue a conditional use certificate in compliance with said approval. Such conditional use certificate shall set forth any conditions, stipulations, and safeguards that have been approved by the Planning Commission;

   (d)   Any request for a variance from a requirement or standard of this Zoning Code has been approved by the Board of Zoning Appeals in accordance with the limitations, procedures, and requirements of Section 1232.08; or

   (e)   The Planning Commission has made a determination in accordance with the procedures in Section 1232.09 that a proposed use is substantially similar to and of the same general character as the permitted uses set forth for the zoning district in which such use is located, and that such use has been reviewed and approved according to the development plan review procedures of Section 1232.06 or the conditional use procedures of Section 1232.04.

   Both Planned Residential Developments (PRD) and Mixed Use Traditional Neighborhood Developments (MUTND) are conditionally permitted uses and their approval as a conditional use shall follow the administrative provisions (including the deposit of fees) set forth in Section 1232.04(a) for conditional uses. In addition PRDs and MUTNDs require the submission and approval of an overall conceptual plan:

   (a)   Overall Conceptual Plan: Following preliminary discussions by the applicant with the Planning Commission, an overall Conceptual Plan shall be submitted formally for the entire tract of land proposed to be developed as a PRD or MUTND. The overall Conceptual Plan, in addition to the requirements of Section 1232.04(a)(1)A. through 1232.04(a)(1)D. shall clearly indicate the following:

      (1)   Topography, at ten-foot intervals;

      (2)   Location, type and general arrangement of residential uses, indicating the acreage and proposed density for each area;

      (3)   Location, type and general arrangement of nonresidential uses, indicating the acreage for each area and proposed square footage for each building;

      (4)   Area(s) to be set aside to meet the common open space requirement; including the natural area corridor required for a MUTND;

      (5)   Vehicular and pedestrian circulation systems;

      (6)   Any areas of special landscaping or buffering treatment; and

      (7)   Proposed phasing of the development including the establishment and improvement of the required common open space.

      (8)   Initial overall Tree Preservation and Management Plan.

   (b)   Public Hearing. Prior to granting approval of an overall Conceptual Plan as a PRD or MUTND conditional use, the Planning Commission shall hold a public hearing following the notification requirements and procedures required for conditional uses in Section 1232.04(a)(5).

   (c)   Effect of Overall Conceptual Plan Approval. Once the overall Conceptual Plan is reviewed and approved by the Planning Commission as described above and according to the conditional use procedures set forth in Sections 1232.04(a)(1) through 1232.04(a)(6), it will become the approved Master Development Plan. Subsequent approval of the preliminary development plan and the final development plan shall comply with the procedures for development plan review set forth in Section 1232.06.

   (d)   Project Developed in Phases. If the project is to be developed in phases, each phase shall be reviewed and approved in accordance with the procedures for development plan review set forth in Section 1232.06. If, in the judgment of the Planning Commission, any phase differs significantly from the approved Master Development Plan or results in an alteration of the Master Development Plan, the Planning Commission shall approve a revised Master Development Plan, and may, depending on the significance of the proposed changes, require a public hearing prior to approving the revised Master Development Plan and the specific phase. This public hearing, if required, shall follow the procedures described in Section 1232.04(a)(5) and shall occur prior to approval of the preliminary development plan for the phase. (Ord. 25-2016. Passed 6-28- 16.)

   Appeals to the Planning and Zoning Commission may be taken by any person, firm, or corporation, or by any officer, board, or department of the City, deeming himself, herself or itself to be adversely affected by the decision of any official administering or enforcing the regulations in this Zoning Code.

   (a)   Filing. Notice of appeal shall be filed in the office of the Zoning Administrator within thirty days after the date of any adverse order, requirement, decision, or determination. Such written notice of appeal shall specify therein the grounds and reasons for the appeal and shall be accompanied by all necessary plans, documents, or other descriptive material pertinent to the case. Upon the filing, such notice of appeal shall be transmitted to the Planning and Zoning Commission at its next meeting.

   (b)   Notice of Public Hearing. When a notice of appeal has been filed in proper form with the Commission, the Secretary of the Commission shall set the date for a public hearing of such appeal. Notice of such hearing shall be given to property owners within 500 feet of the boundaries of the tract or lot under appeal, by first-class mail, at least five days prior to such hearing. Notices shall state the time, place, and object of the hearing. All notices shall be sent to addresses given in the application; otherwise to the addresses given in the last assessment roll.

   (c)   Public Hearing. The appellant may be represented in person or by his or her agent at the hearing. A report of the facts in the case shall be presented by the Zoning Administrator. Any resident or property owner affected or potentially affected by the appeal shall be given the opportunity to be heard. The Commission shall make a determination on such appeal within a reasonable period of time according to the criteria specified in this section.

   (d)   Recess of Hearing. The Commission may recess such hearings in order to permit additional information to be presented, or to cause further notice to be given to other property owners likely to be affected by such appeal. If the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.

   (e)   Stay of Proceedings. Once an appeal is filed concerning any type of action being undertaken, such action shall be stopped and shall not be continued until further directed by a decision of the Planning and Zoning Commission.

   (f)   Decision of the Commission. Within its powers, the Planning and Zoning Commission may reverse or affirm, wholly or in part, or modify the requirement to be done, and to that end shall have all the powers of the officer from whom the appeal is taken. The Commission shall render a decision on the appeal without unreasonable delay. If the Commission fails to act within sixty days from the date the appeal was filed, or an extended period of time as may be agreed upon, the appellant may assume the appeal has been denied.

   (g)   Notification of Commission’s Decision. A certified copy of the Commission’s decision shall be transmitted to the appellant, the Zoning Administrator, and the Clerk of Council within three days after the Commission makes its decision. Such decision shall be binding on the Zoning Administrator. For applications that are approved, the Zoning Administrator shall incorporate any conditions attached by the Commission into the certificate to be issued. No decision of the Commission shall become final until thirty days from the date such decision is transmitted to the appellant, unless the Commission finds that the immediate effectuation of such decision is necessary for the protection of the public health, safety, and general welfare, and the Commission shall so certify on the record.

   (h)   Appeals to Council. Any person who is aggrieved by a decision of the Planning and Zoning Commission may, within thirty days after such decision is rendered, appeal to Council. After reviewing the Commission’s decision, Council may reverse or modify the decision by an ordinance approved by a two-thirds majority vote of its membership.

(Ord. 24-97. Passed 10-14- 97; Ord. 63-2019. Passed 9-10-19; Ord. 25- 2021. Passed 4-13-21.)

   The Planning and Zoning Commission 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 according to the following procedures:

   (a)   Application Requirements. An application for a variance shall be filed with the Zoning Administrator for review by the Planning and Zoning Commission upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:

   (b)   Public Hearing by the Commission. According to the procedures established for appeals in Section 1232.07, the Commission shall hold a public hearing and give notice of the same.

   (c)   Criteria and Findings for Granting of Variances. The Commission may authorize variances from the literal or exact enforcement of the requirements and specification of this Zoning Code, in accordance with the following criteria. There are two categories of variances: those relating to use and those relating to area requirements.

      (1)   Use variances. In the case of a variance for use, the Planning and Zoning Commission may authorize a variance if it determines that the variance will result in no substantial detriment to any surrounding property, that the intent and purpose of this Zoning Code are not impaired, and when one or more of the following apply:

         A.   Unnecessary hardship. Where the literal interpretation of this Zoning Code would result in unnecessary hardships peculiar to the property involved and not based on conditions created by the owner, the Commission may grant relief therefrom. For purposes of this paragraph, the limiting of possibilities of economic advantage do not constitute unnecessary hardship.

         B.   Exceptional circumstances. Where there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties or classes of uses in the same zoning district. If there is a general or recurrent condition or situation, the Planning and Zoning Commission may determine that there be a general rule or regulation for such situation.

      (2)   Variances relating to specific area requirements. For the purpose of this Zoning Code, an area variance shall include any variance related to a numerical requirement governing building setbacks, building height, yards, signs, parking, landscaping, and other similar standards regulating the bulk of buildings and structures. An area variance shall not include an increase in the maximum density. The Commission shall review each application for an area variance to determine if it complies with the purpose and intent of this Code and shall review the evidence to determine if such demonstrates that the literal enforcement of this Code will result in the following:

         A.   Practical difficulty. The factors to be considered and weighed by the Commission in determining practical difficulty include (but are not limited to) the following:

            1.     Whether the property owner purchased the property with knowledge (or would be expected to have known) of the zoning restriction. And whether the special circumstances noted by the applicant exist as a result of actions of the owner;

            2.     Whether the property in question will yield a reasonable return under the strict interpretation of this Zoning Code;

            3.     Whether there can be any beneficial use of the property without the variance;

            4.     Whether the property owner's predicament can be obviated through some method other than granting the variance;

            5.     Whether the variance is substantial;

            6.     Whether the essential character of the neighborhood would be substantially altered as a result of the variance; or

            7.     Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup.

         B.   Cumulative Effect. The Commission shall consider what the cumulative effect would be if all lots with the same situation as the applicant for the variance were to be granted the requested variance.

         C.   No detrimental effects. The Commission must find that there will be no substantial detriment to any surrounding property and that the intent and purpose of this Zoning Code are not impaired.

   (d)   Conditions. The Commission may attach conditions regarding the location, character, or size of a structure or the location, character, size, or hours of operation of a use, prior to granting a variance, as it deems necessary for the public interest.

   (e)   Guarantees. In granting a variance, the Commission may require a guarantee or a performance bond to ensure that such variance or attached conditions are and will be complied with.

   (f)   Action by the Commission. The Commission shall either approve, approve with supplementary conditions as specified in subsection (e) hereof, or disapprove the request for a variance. The Commission shall further provide a statement in writing describing the criteria, findings, and/or issues of “unnecessary hardship” or “practical difficulty” pursuant to subsection (c) hereof that justify the granting or denial of the variance.

   (g)   Term and Extension of Variance. Variances shall not be assignable and shall expire twelve months from the date of their enactment or at a time specified as a condition of the variance, unless prior thereto, the applicant commences actual construction in accordance with the granted variance. There shall be no modification of variances except by further consideration of the Planning and Zoning Commission. Requests for renewal of expired variances shall be considered to be the same as an application for a variance and shall meet all requirements for application and review pursuant to this section.

(Ord. 24-97. Passed 10-14- 97; Ord. 63-2019. Passed 9-10-19; Ord. 25- 2021. Passed 4-13-21.)

   Where a specific use is proposed that is not listed or provided for in this Zoning Code, the Planning and Zoning Commission may make a determination that the proposed use is of the same general character as the uses permitted in the district in which the use is proposed, or is similar to a particular use permitted in the district in which the use is proposed, and is determined to be consistent with the purpose statement for the district in which such use is proposed. Such additional uses shall not include those uses which are permitted or prohibited in any other district, or which, in the judgment of the Planning and Zoning Commission, would likely be objectionable in the district in which such use is proposed. If the Commission determines that a use is substantially similar to a specific use listed in this Code, the substantially similar use may be permitted in those districts which allow the principal or conditional use that is most similar. The initial determination of a similar use shall be approved in accordance with the conditional use procedures set forth in Section 1232.04, including the requirement for a public hearing. Following such a determination, the similar use shall be considered to be added to the permitted use list for the district, either as a permitted principal use or as a conditional use, as determined by the Planning and Zoning Commission.

(Ord. 24-97. Passed 10-14-97; Ord. 63- 2019. Passed 9-10-19.)

 

 

 

   (b)   The Official Zoning Map shall be identified by the signatures of the Chairperson and Secretary of the Planning Commission and the Mayor of the City. Such Map shall be attested to by the Clerk of Council and shall bear the seal of the City under the words: "This is to certify that this is the Official Zoning Map referred to in Section 1234.05(a) of Ordinance Number 44-75 of the City of Olmsted Falls, State of Ohio," together with the date of the adoption of said Ordinance.

 

 

 

 

 

 

         A.   Each dwelling unit shall have a two-car garage with a minimum floor area of 484 square feet. The garage may be either attached to or detached from the dwelling unit. The maximum floor area of a detached garage shall be 600 square feet on any lot less than one acre, and 1,000 square feet on any lot of or exceeding one acre. Attached garages shall not exceed a maximum of 1,000 square feet including. A dwelling unit on any lot greater than one acre that has an attached garage may be permitted to have a second garage detached from the dwelling unit provided the total floor area of the two garages does not exceed 1,000 square feet.

      (1)   Permitted by right: The principal uses, buildings, and structures listed in Section 1248.03, and designated with a P, are permitted by right in the districts indicated, provided that all requirements of other City ordinances and this Zoning Code have been met.

 

 

 

 

 

   (c)   Screening and Landscaping. When any permitted use or lawful nonconforming use in a P District abuts a residential use, screening and landscaping shall be provided in accordance with Section 1274.01.

   Approval of development plans shall be as required by Section 1232.06(a)(1).

   (d)   To consolidate commercial uses and to prohibit sprawl along major streets;

      (1)   Permitted by right: The principal uses, buildings, and structures listed in Section 1252.03, and designated with a P, are permitted by right in the districts indicated, provided that all requirements of other City ordinances and this Zoning Code have been met.

      (3)   Not permitted: A principal use, building, or structure listed in Section 1252.03 that is not designated with either a P or a C for a particular district (that is, the block in Section 1252.03 is blank) is not permitted in that district. (Ord. 75-2005. Passed 10-11-05.)

   (b)   Accessory Uses. The accessory uses, buildings, and structures enumerated below are permitted in any C District when such accessory use is associated with, subordinate to, and located on the same zoning lot as the principal use.

      (1)   Bed and Breakfasts may be allowed by the Planning Commission as a conditional accessory use in accordance with the requirements of Section 1264.05(d).

      (2)   Produce stands may be allowed by the Planning Commission as a conditional accessory use in accordance with the requirements of Section 1264.05(w).

      (3)   The Planning Commission may allow outdoor storage in accordance with Sections 1264.04 and 1264.05(r).

      (4)   Garages or off-street parking areas, as set forth in Chapter 1270;

      (5)   Temporary buildings, as specified in Section 1274.09, which are incidental to construction and which shall be removed upon the substantial completion of such construction, as determined by the Zoning Administrator;

      (6)   Signs, in compliance with Chapter 1272;

      (7)   Storage sheds;

      (8)   Fences, in compliance with Section 1274.03;

      (9)   Waste containers, dumpsters and recycling receptacles, when screened in accordance with Section 1274.01.  

         (Ord. 14-2010. Passed 4-13-10.)

 

 

 

 

 

 

   (a)   Activities Within an Enclosed Building. All businesses and services shall be conducted, and products shall be stored and contained, within an enclosed building, unless otherwise permitted:

      (1)   As a conditional use per Section 1252.02(a)(2); or

      (2)   For temporary outdoor sales and displays per Section 1274.10.

         (Ord. 14-2010. Passed 4-13-10.)

      (2)   Permitted as conditional uses: The principal uses, buildings and structures listed in Section 1258.03, and designated with a C may be permitted in the districts indicated, provided they conform to the conditions, standards, and requirements of Chapter 1264, and are approved for a particular zoning lot in accordance with the administrative procedures of Section 1232.04.

      (3)   Not Permitted: A principal use, building, or structure listed in Section 1258.03 that is not designated with either a P or a C for a particular district (that is, the block in Section 1258.03 is blank) is not permitted in that district.

      (5)   Fences, in accordance with Section 1274.03;

      (6)   Waste containers, dumpsters, and recycling receptacles, when screened in accordance with Section 1274.01; and

 

   (b)   Schools or Institutions for Human Care. Except as they might be incidental to a permitted principal use;

   (c)   Retail Commercial. Except as set forth in Sections 1258.02 and 1258.03;

 

 

 

   The maximum height permitted for all buildings and structures in I-1 and I-2 Districts shall be thirty feet, unless a greater height is authorized by the Planning Commission according to the conditional use procedures. When the Planning Commission authorizes a building height greater than thirty feet, the Commission shall also consider increasing the minimum building setback requirements, shown in Section 1258.06, commensurate with the greater building height. The height of a building shall be computed as set forth in Section 1274.06.

   (b)   Off-street parking facilities shall be located in compliance with Section 1258.06;

   (c)   Loading and service areas shall be located in the rear yard unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent uses. Loading and service areas shall comply with the parking setback requirements set forth in Section 1258.06 and shall be screened in accordance with the provisions set forth in Section 1274.01.

   (a)   Manufacturing Processes. The primary operations for all manufacturing processes shall make use of materials other than raw materials except when raw materials are specifically permitted for an approved conditional use, and then only in compliance with Section 1264.04.

      (Ord. 75-2005. Passed 10-11-05.)

   (b)   Equipment Installation. All equipment or machinery used in servicing a building, or in processing goods therein, shall be installed entirely within the building or enclosed or screened on all sides by a solid wall or fence in compliance with Section 1274.01, and shall be located, isolated, or sound insulated in such a manner that any noise generated thereby is not objectionable beyond the limits of the lot where such equipment is located, as determined by the Zoning Administrator.

   (c)   Night Operations. No building used for night operations shall have openings closer than 200 feet from any D or P District, except for fixed windows and required safety exits.

   (d)   Screening and Landscaping. When any permitted or lawful nonconforming use in an I District abuts a D or P District, or any residential use in an C-3 District, the screening and landscaping requirements of Section 1274.01 shall be followed.