Parma City Zoning Code
TITLE THREE
Zoning Administration
CHAPTER 1125 Enforcement; Permits; Penalty
1119.01 TITLE.
These rules, regulations, procedures and maps shall be known, cited and referred to as the "Parma Zoning Code" or just "the Zoning Code."
(Ord. 199-92. Passed 7-19-93.)
1119.02 PURPOSE AND INTENT.
The purpose of this Planning and Zoning Code and the intent of Council in its adoption are to promote and protect the public health, safety, convenience, comfort and prosperity and the general welfare of the City by regulating the use of buildings, other structures and land for residences, public facilities, institutions, business, services, industry or other purposes; by regulating and restricting the bulk, height, design, percent of lot occupancy and location of buildings; by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the City into districts of such number and dimensions in accordance with the objectives of a Comprehensive Plan; and to provide procedures for the administration, interpretation, amendment and enforcement of this Planning and Zoning Code.
This Planning and Zoning Code is intended to achieve, among others, the following objectives:
(a) To protect the character and values of residential, business, service, industrial, institutional and public uses and to assure their orderly and beneficial development;
(b) To provide adequate open spaces for light and air, to prevent overcrowding of the land, to prevent excessive concentration of population and, conversely, to prevent sparse and uncoordinated development;
(c) To improve the public safety and to lessen congestion by locating buildings and uses in relation to streets so as to cause the least interference with and damage by traffic movements;
(d) To provide for public facilities and utilities such as a water supply, a sewer system and transportation systems, as well as developments for recreation, schools and other public facilities;
(e) To encourage the most appropriate uses of the land and guide the future development of the City in accordance with a Comprehensive Plan; and
(f) To accomplish the specific intents and goals set forth in the introduction to the respective chapters.
(Ord. 199-92. Passed 7-19-93; Ord. 239-08. Passed 12-15-08.)
1119.03 APPLICATION AND RELATIONSHIP TO OTHER REGULATIONS.
The regulations set forth in this Zoning Code shall be applicable to all private and publicly owned land, including buildings, structures, uses and land of any political subdivision, other than the City, district, taxing unit or bond-issuing authority of the State located within the City.
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, convenience, comfort, prosperity and general welfare. Whenever the requirements of this Zoning Code conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or restrictive covenants running with the land, the most restrictive, or that imposing the higher standards, shall govern.
(Ord. 199-92. Passed 7-19-93; Ord. 197-96. Passed 9-3-96.)
1119.04 SEPARABILITY.
If any provision, or the application of any provision, of this Zoning Code or amendments thereto is declared to be invalid by a judicial decision of a court of competent jurisdiction, the effect of such determination shall be limited to that provision or provisions expressly stated to be invalid, and such determination shall not affect, impair or nullify this Zoning Code, as amended, as a whole or any other part thereof.
(Ord. 199-92. Passed 7-19-93.)
1119.05 EFFECTIVE DATE.
This Zoning Code shall take effect and be in full force from and after its passage or at the earliest period allowed by law.
(Ord. 199-92. Passed 7-19-92.)
1121.01 WORDS AND TERMS DEFINED.
Words and terms in this Zoning Code are used in their ordinary English usage. Certain words and terms are, however, herein defined, and wherever such words and terms are used in this Zoning Code they shall have the meanings indicated in this chapter, except where the context clearly indicates a different meaning.
(Ord. 2-94. Passed 5-2-94.)
1121.02 GENERAL TERMS.
For the purpose of interpreting this Zoning Code, the following words and terms shall have the meanings given herein and shall be interpreted as follows:
(a) All words used in the present tense include the future tense, unless the context clearly indicates the contrary.
(b) The singular number includes the plural, and the plural the singular.
(c) The word "lot" includes the word "plot" or "parcel".
(d) The word "structure includes the word "building" and includes advertising signs and billboards as well as tents, mobile homes, walls, fences and pools.
(e) The word shall is to be interpreted as a mandatory requirement and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is a preferred requirement.
(f) The word "person" includes an individual, association, organization, partnership, trust, company, corporation, firm, or any other legal entity.
(g) The words "occupied" and "used", as applied to any building or premises, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
(h) The word "City" means the City of Parma, Ohio.
(i) The word "Commission" means the City Planning Commission of the City of Parma, Ohio.
(j) The word "Council" means the legislative body of the City of Parma, Ohio.
(k) The word "Board" means the Board of Zoning Appeals of the City of Parma, Ohio.
(Ord. 2-94. Passed 5-2-94.)
1121.03 ACCESSORY USE OR BUILDING.
"Accessory use or building" means a subordinate use or building customarily incident to and located on the same lot as the main use or building.
(Ord. 2-94. Passed 5-2-94.)
1121.04 ADULT ENTERTAINMENT.
"Adult entertainment" shall be as defined in Chapter 701 (Adult Entertainment Businesses) of these Codified Ordinances.
(Ord. 138-96. Passed 7-1-96.)
1121.05 ALLEY.
"Alley" means a public way not more than twenty feet wide used primarily for vehicular service access to the back or side of properties abutting on another street.
(Ord. 2-94. Passed 5-2-94.)
1121.06 BUILDING.
"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
(Ord. 2-94. Passed 5-2-94.)
1121.07 BUILDING LINE.
"Building line" and "front yard line" mean a line on or back of the street line between which and the street line no building or portion thereof, except as otherwise expressly provided in this Zoning Code, may be erected above the grade level. The building lines, street lines and centerlines of streets mentioned herein are considered vertical planes intersecting the ground on those respective lines.
(Ord. 2-94. Passed 5-2-94.)
1121.075 CAR WASH, CONVEYOR.
“Conveyor car wash” means a commercial car wash where the vehicle moves on a conveyor style apparatus during the wash and the driver can remain in the vehicle.
(Ord. 10-22. Passed 4-18-22.)
1121.076 CAR WASH, IN-BAY.
“In-bay car wash” means a commercial car wash where the driver pulls into a bay, parks the car, and the vehicle remains stationary while either a machine moves over the vehicle to clean it; one or more employees clean the vehicle, or where a customer parks the car and utilizes spray wands and/or brushes to wash the vehicle.
(Ord. 10-22. Passed 4-18-22.)
1121.08 CHURCH.
"Church" means a building, together with any accessory buildings or structures, where persons regularly assemble for religious worship, together with its accessory uses, including a child-day care center.
(Ord. 2-94. Passed 5-2-94.)
1121.09 CONDOMINIUM PROPERTY.
"Condominium property" means and includes the land, together with all buildings, improvements and structures thereon, all easements, rights and appurtenances belonging thereto, and all articles of personal property which have been submitted to the provisions of Ohio R.C. Chapter 5311.
(Ord. 2-94. Passed 5-2-94.)
1121.10 DRIVE-IN RESTAURANT.
"Drive-in restaurant" means a retail outlet where food or beverages are sold to a substantial extent for consumption either on or off the premises by customers in parked motor vehicles.
(Ord. 2-94. Passed 5-2-94.)
1121.11 DWELLING.
"Dwelling" means a building or portion thereof that is used exclusively for human habitation.
(Ord. 2-94. Passed 5-2-94.)
1121.12 DWELLING UNIT.
"Dwelling unit" means space, comprised of living, dining and sleeping rooms, storage closets and the space and equipment for cooking, bathing and toilet facilities, all used by one family. "Dwelling unit" does not include a tent, trailer or mobile home.
(Ord. 2-94. Passed 5-2-94.)
1121.13 FAMILY.
"Family" means any number of individuals regularly living, cooking and eating together on premises as a single housekeeping unit as distinguished from a group occupying a rooming house, motel or hotel dormitory, fraternity or sorority house.
(Ord. 2-94. Passed 5-2-94.)
1121.14 FLOOR AREA.
"Floor area" means the sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
(Ord. 2-94. Passed 5-2-94.)
1121.15 GARAGE, PRIVATE.
"Private garage" means a building or space used as an accessory to a main building permitted in a residential district and providing for the storage of motor vehicles and in which no occupation, business or service for profit connected in any way with motor vehicles is carried on.
(Ord. 2-94. Passed 5-2-94.)
1121.16 GARAGE, REPAIR.
"Repair garage" means a building or a part of a building used either solely for general repairs to motor vehicles or for general repairs to motor vehicles in conjunction with the retail sale of gasoline, lubricants and motor vehicle accessories.
(Ord. 2-94. Passed 5-2-94.)
1121.17 GENERAL REPAIRS.
"General repairs" means body and fender repairs, the painting of vehicles, heavy engine repairs or replacements, welding repairs or other repairs commonly included in this category by the industry and not included in the definition of "light service, diagnostic and maintenance facility" in Section 1121.22.
(Ord. 2-94. Passed 5-2-94.)
1121.18 GRADE LEVEL.
"Grade level" of a lot means the average elevation of the curb directly in front of the main building, but where no such curb level has been established by the City, the level of the ground at the middle of the traveled portion of the street shall be considered the equivalent of the curb level. When the street wall of the building is back more than ten feet from the street line, the average grade level of the lots adjoining on each side, if higher than the curb level, shall be considered the grade level for the building and lot.
(Ord. 2-94. Passed 5-2-94.)
1121.19 HEIGHT OF BUILDING.
"Height of building" means the vertical distance measured from the grade level to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, gambrel or hip roofs.
(Ord. 2-94. Passed 5-2-94.)
1121.20 HOME OCCUPATION.
"Home occupation" means any activity carried out for gain by a resident and conducted as an incidental or accessory use in the resident's dwelling unit.
(Ord. 2-94. Passed 5-2-94.)
1121.21 INSTITUTIONAL USE.
"Institutional use" means a nonprofit, religious or public use such as a church, library, public or private school, hospital or government owned or operated building, structure or land used for a public purpose.
(Ord. 2-94. Passed 5-2-94.)
1121.22 LIGHT SERVICE, DIAGNOSTIC AND MAINTENANCE FACILITY.
"Light service, diagnostic and maintenance facility" means a building or part of a building used for repairing or replacing brakes, mufflers, shocks, springs, tires or exhaust systems, or for electrical work, wheel alignment, tune-ups and oil/lubrication work, and other regular maintenance other than general repairs as defined in Section 1121.17, provided that the work or sale of auto accessories is not accompanied by objectionable noises, fumes or odors. Such facilities may be operated either with mechanics who perform the work or as a facility which makes repair tools and space available for persons to perform work on their own vehicles.
(Ord. 2-94. Passed 5-2-94.)
1121.23 LOT.
"Lot" means a parcel of land occupied or intended to be occupied by one main building and the accessory buildings and uses customarily incident to the main building and including such open spaces as are provided, or as are intended to be used in connection therewith, or as are required by this Zoning Code. This may or may not coincide with a lot of a recorded subdivision.
(Ord. 2-94. Passed 5-2-94.)
1121.24 LOT, CORNER.
"Corner lot" means a lot at the point of intersection of and abutting on two intersecting streets each more than twenty feet wide, the interior angle of the intersecting street lines at their points of intersection being not more than 135 degrees.
(Ord. 2-94. Passed 5-2-94.)
1121.25 LOT, DEPTH.
"Lot depth" means the distance from the street line of the lot to its rear line measured in the mean direction of the side lines of the lot.
(Ord. 2-94. Passed 5-2-94.)
1121.26 LOT, WIDTH.
"Lot width" means the mean width measured at right angles to its depth.
(Ord. 2-94. Passed 5-2-94.)
1121.27 LOT LINE.
"Lot line" means a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space. (See Illustration A following the text of this chapter.)
(Ord. 2-94. Passed 5-2-94.)
1121.28 LOT LINE, FRONT.
"Front lot line" means the lot line separating a lot from the street upon which it abuts, or the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, "front lot line" is synonymous with "street line." (See Illustration B following the text of this chapter.)
(Ord. 2-94. Passed 5-2-94.)
1121.29 LOT LINE, REAR.
"Rear lot line" means the lot line opposite and most distant from the front lot line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet long, lying within the lot and parallel to the front lot line. (See Illustration B following the text of this chapter.)
(Ord. 2-94. Passed 5-2-94.)
1121.30 LOT LINE, SIDE.
"Side lot line" means any lot line other than a front or rear lot line. (See Illustration B following the text of this chapter.)
(Ord. 2-94. Passed 5-2-94.)
1121.31 MAIN BUILDING.
"Main building" means the building in which is conducted the main or principal use of the lot on which such building is located.
(Ord. 2-94. Passed 5-2-94.)
1121.32 MULTIFAMILY DWELLING (TOWNHOUSE; APARTMENT).
"Multifamily dwelling" means a building containing three or more dwelling units with various arrangements of entrances and party walls.
(a) Townhouse. "Townhouse" means a multifamily dwelling comprised of dwelling units attached in a row or group, having party walls and with each unit having at least two separate outside entrances.
(b) Apartment. "Apartment" means a multifamily dwelling consisting of three or more dwelling units, each having a separate entrance or entrances connected to a common interior hall leading to the exterior.
(Ord. 2-94. Passed 5-2-94.)
1121.33 NONCONFORMING BUILDING.
"Nonconforming building" means a building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to this Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
(Ord. 2-94. Passed 5-2-94.)
1121.34 NONCONFORMING LOT.
"Nonconforming lot" means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails, by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
(Ord. 2-94. Passed 5-2-94.)
1121.35 NONCONFORMING USE.
"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
(Ord. 2-94. Passed 5-2-94.)
1121.36 PARKING SPACE.
"Parking space" means an unobstructed space or area, other than a street or alley, exclusive of drives or aisles giving access thereto, which shall be usable for the parking of a motor vehicle. It may be either open land or in structures, partially or wholly enclosed. Loading space as may be required shall not be construed as supplying required off-street parking space.
(Ord. 2-94. Passed 5-2-94.)
1121.38 PRINCIPAL USE.
"Principal use" means the primary or predominant use of any lot or parcel.
(Ord. 2-94. Passed 5-2-94.)
1121.39 PUBLIC FACILITY.
"Public facility" means a building, together with its accessory buildings, designed, erected, altered, moved or maintained for educational, religious, welfare or nonmunicipal recreational purposes. This shall include, but not be limited to, all public, private and parochial primary or secondary schools, public or private colleges or child or adult day care centers, orphanages, athletic facilities, clubs, lodges, social or community center buildings and cemeteries.
(Ord. 2-94. Passed 5-2-94.)
1121.40 PUBLIC NOTICE.
"Public notice" of a hearing or procedure means notice of the time, place and nature of the public hearing or procedure published in one issue of a newspaper of general circulation in the City at least three days prior to the hearing.
(Ord. 2-94. Passed 5-2-94.)
1121.41 REQUIRED YARD.
"Required yard" means the minimum yard required between a lot line and a building in order to comply with the yard and setback regulations of the zoning district in which the zoning lot is located. A required yard shall be open and unobstructed from the ground upward except for projections on buildings as permitted in this Zoning Code and except for driveways, walks, fences, landscaping and other yard features as allowed in this Zoning Code.
(Ord. 2-94. Passed 5-2-94.)
1121.42 RESIDENCE DISTRICT OR RESIDENTIAL DISTRICT.
"Residence district" and "residential district" mean any of the following zoning districts created in this Zoning Code, which allow residential dwelling as a permitted and principal use: the Single-Family House District, the Two-Family House District, the Multifamily District and the Single-Family Cluster District.
(Ord. 2-94. Passed 5-2-94.)
1121.43 RIGHT-OF-WAY.
"Right-of-way" means all of the land included within an area which is dedicated, reserved by deed, or granted by easement, for street purposes and usually includes both a roadway as well as a tree lawn.
(a) "Roadway" means that portion of a right-of-way available for vehicular travel, including parking lanes.
(b) "Tree lawn" means that portion of a right-of-way lying between the exterior line of the roadway and the outside right-of-way line, and typically includes sidewalks, lawn strips and curbs as well as the placement of street lights, telephone poles and other utilities.
(Ord. 2-94. Passed 5-2-94.)
1121.44 SETBACK.
"Setback" means the distance between a building and any lot line.
(Ord. 2-94. Passed 5-2-94.)
1121.45 SHOPPING CENTER.
"Shopping center" means a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
(Ord. 2-94. Passed 5-2-94.)
1121.455 SMOKE SHOP.
“Smoke shop” means any retail establishment at which twenty percent or more of floor, shelf, and/or display area(s), individually or in the aggregate, is used for the sale of the following type of products:
(1) Any product containing, made of, derived from, or containing any form of CBD, Kratom, and/or hemp-derived or synthetic cannabinoid, including but not limited to Delta-8 THC, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means;
(2) Any product containing, made of, or derived from tobacco or containing any form of nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(3) Any electronic smoking device as defined in R.C. § 2927.02 and any substance intended to be aerosolized or vaporized during the use of the device, whether the substance contains any form of tobacco, nicotine, CBD, Kratom, and/or hemp-derived or synthetic cannabinoids; or
(4) Any component, part, or accessory of divisions (1), (2), or (3) above, whether any of these contains tobacco, nicotine, CBD, Kratom, and/or hemp-derived or synthetic cannabinoids, including, but not limited to, filters, rolling papers, blunt or hemp wraps, or pipes.
No state-licensed medical or adult-use marijuana operator, cultivator, processor, dispensary, laboratory, or entity as defined in and regulated under R.C. Chapters 3780 and 3796 shall constitute a smoke shop for purposes of this section. Additionally, the type of products set forth in this section do not include any product that is a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(Ord. 96-25. Passed 7-7-25.)
1121.46 STREET LINE AND ALLEY LINE.
"Street line" and "alley line" mean the lot line dividing the lot from, respectively, a street or an alley.
(Ord. 2-94. Passed 5-2-94.)
1121.47 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. Among other things, structures include buildings, mobile homes, walls, fences, pools, tents, signs and billboards.
(Ord. 2-94. Passed 5-2-94.)
1121.485 VAPE SHOP. (REPEALED)
(EDITOR’S NOTE: Section 1121.485 was repealed by Ordinance 96-25, passed July 7, 2025.)
1121.49 VARIANCE.
"Variance" means a modification of the regulations of this Zoning Code 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 these regulations would result in an unnecessary and undue hardship and/or practical difficulty.
(Ord. 2-94. Passed 5-2-94.)
1121.50 YARD.
"Yard" means an existing or required open space on the same lot with the main building and lying along the adjacent lot line open and unobstructed from the ground to the sky, except as otherwise provided herein.
(Ord. 2-94. Passed 5-2-94.)
1121.51 YARD, FRONT.
"Front yard" means a yard across the full width of the lot extending from the building or front yard line to the street line.
(Ord. 2-94. Passed 5-2-94.)
1121.52 YARD, INTERIOR SIDE.
"Interior side yard" means a side yard not abutting a street line.
(Ord. 2-94. Passed 5-2-94.)
1121.53 YARD, REAR.
"Rear yard" means a yard across the full width of the lot immediately in the rear of the main building. It is the yard accessible to the front entrance and used, or to be used, as a rear yard. It may or may not be on the opposite side of the building from the front yard.
(Ord. 2-94. Passed 5-2-94.)
1121.54 YARD, SIDE.
"Side yard" means the yard along the side line of a lot and extending from the front yard to the rear yard thereof.
(Ord. 2-94. Passed 5-2-94.)
1121.55 ZONING CODE.
"Zoning Code" means the officially adopted document of the City of Parma, Ohio, that sets forth the zoning regulations and zoning districts. The Zoning Code consists of the zoning text (which describes all regulations, standards and procedures and defines the terms that are used) and a Zoning Map (which delineates the location of all zoning districts).
(Ord. 2-94. Passed 5-2-94.)
1121.56 ZONING DISTRICT.
"Zoning district" means a portion of the community that is officially delineated on the Zoning Map and is subject to a particular set of land use requirements set forth in this Zoning Code. These requirements, which are uniform throughout the district, control permitted uses as well as intensity of development and arrangement of buildings on the land.
(Ord. 2-94. Passed 5-2-94.)
1121.57 ZONING LOT.
"Zoning lot" means a parcel of land that abuts a dedicated street and that is occupied or intended to be occupied by a main and/or accessory use or a main or accessory building, as a unit, together with such open spaces as are required by this Zoning Code. Unless the context clearly indicates the contrary, the word "lot" is used synonymously with the term "zoning lot" in this Zoning Code and it may not coincide with a lot of record.
(Ord. 2-94. Passed 5-2-94.)
1121.58 ZONING MAP.
"Zoning Map" (sometimes referred to as the "Zone Map") means the officially adopted map that indicates the boundaries of zoning districts.
(Ord. 2-94. Passed 5-2-94.)
ILLUSTRATION A - TYPES OF LOTS MOUNTED HERE
ILLUSTRATION B - LOT TERMS MOUNTED HERE
1123.01 ADMINISTRATION.
The administration of this Zoning Code is vested in the following officials of the City:
(a) The Building Commissioner
(b) The Board of Zoning Appeals
(c) The City Engineer
(d) The Planning Commission
(e) The City Council
(Ord. 6-93. Passed 7-19-93.)
1123.02 COMPLIANCE REQUIRED.
(a) Hereafter, in the City, no land shall be used or occupied and no structure shall be built, reconstructed, altered, used or occupied, except as permitted by this Zoning Code and in conformity with the regulations herein established for the district in which such land or structure is hereby located.
In any district, the maximum height of structures, the number and minimum dimensions of yards, courts and other open spaces, and the areas of lots required per family housed thereon shall be as provided in this Zoning Code.
(b) Notwithstanding the requirements of subsection (a) hereof, the provisions of this Zoning Code do not apply to land or structures owned by the City which are entered into The National Register of Historic Places. However, such land or structures shall not be altered or reconstructed without the approval of the City Planning Commission.
(Ord. 218-95. Passed 9-5-95.)
1123.03 ENFORCEMENT GENERALLY.
This Planning and Zoning Code shall be enforced by the Building Commissioner, Building Inspector, Housing Commissioner, Housing Inspector, Assistant Building Commissioner, Property Maintenance Coordinator, Property Maintenance Inspector, the Engineering Party Chief, or their designees or agents, who are responsible for enforcement of this Code and other related City Ordinances and for the issuance of any summons and complaints and/or notices necessary to ensure compliance with this Code.
(Ord. 6-93. Passed 7-19-93; Ord. 239-08. Passed 12-15-08.)
1123.04 BUILDING PERMIT REQUIRED.
The construction, alteration or relocation of any building or any part thereof shall not be commenced or proceeded with except after the issuance of a written permit for the same by the Building Commissioner in accordance with this Zoning Code and other City regulations. In cases where building permits are not required by any other City regulation, the Building Commissioner shall, nevertheless, have authority to prevent, in any building or premises, any use not existing therein at the time of the passage of this Zoning Code that is not in conformity with the provisions of this Zoning Code.
(Ord. 6-93. Passed 7-19-93.)
1123.05 CERTIFICATE OF COMPLIANCE.
(a) No owner or tenant shall occupy a building or tenant space, or alter or enlarge the use in any building or tenant space, without obtaining a certificate of compliance from the Building Commissioner. This requirement shall apply to the owner or tenant of office buildings, retail stores, warehouses, vehicle service buildings, recreation buildings, restaurants, night clubs, churches, day care centers, factories, hospitals, apartment buildings, nursing homes, hotels, theaters, libraries, schools and any other uses, including, but not limited to, all building uses permitted by this Zoning Code, other than one, two and three-family dwellings. It shall not apply to individual tenants of multifamily dwellings.
(b) The owner or tenant shall pay the fees as prescribed in Chapter 185 of the Administrative Code when submitting an application for a certificate of compliance to the Building Commissioner. The application shall list all uses and activities proposed for the building or tenant space. The applicant may be required to submit additional documentation relating to operations and activities that may generate noise, dust, fumes, rubbish, traffic, fire hazard or any other item of such nature as to potentially become a nuisance to the public or adjoining property owners or tenants. The Building Commissioner shall not issue a certificate of compliance until such time as it is determined that such proposed use conforms to the requirements of this Zoning Code. The Building Commissioner may attach conditions to the certificate of compliance to protect the public health, safety and welfare. Such conditions may explain or interpret the provisions of this Zoning Code as it relates to a particular use or activity.
(c) The certificate of compliance is separate from the certificate of use and occupancy required by the Ohio Basic Building Code. It is not transferrable or assignable from the person to whom it was issued except as ordered by a court of law. Any sale, lease, transfer or assignment of the building or tenant space shall cause the certificate of compliance to become void, and the new owner, tenant, transferee or assignee shall obtain a new certificate of compliance. Where there is no change in operations and activities due to the sale or transfer of a business, the new owner or operator shall obtain a new certificate of compliance within sixty days of such sale or transfer.
(d) The Building Commissioner may issue a stop work order or a stop use order for any work, use, operation or other activity not in compliance with this Zoning Code.
(Ord. 278-99. Passed 11-3-99.)
1123.06 TEMPORARY CERTIFICATE OF COMPLIANCE.
A temporary certificate of compliance may be issued upon payment of a fee to permit the occupancy of such building or tenant space until all required work is completed.
(Ord. 278-99. Passed 11-3-99.)
1123.07 RECORD OF CERTIFICATES.
A record of all certificates shall be kept on file in the office of the Building Commissioner and copies shall be furnished, upon request, and upon payment of the established fee, to any person.
(Ord. 6-93. Passed 7-19-93.)
1123.08 EFFECT OF ZONING CODE ON EXISTING BUILDINGS.
Nothing contained in this Zoning Code shall require any change in the plans, construction, alteration or designated use of a building for which a building permit has been issued heretofore, the construction of which has actually begun and been diligently prosecuted within six months of the date of issuance, and the ground story framework of which, including the second tier of beams, has been completed within one year, and which entire building has been completed according to such plans as filed within two years from the date of permit.
(Ord. 6-93. Passed 7-19-93.)
1123.09 VIOLATIONS AND ENFORCEMENT.
(a) Violations a Nuisance. Buildings, erected, altered, moved, razed or converted, and any use of land or premises carried on, in violation of any provision of this Planning and Zoning Code, are hereby declared to be a nuisance per se. Any building or land use activities considered possible violations of the provisions of this Planning and Zoning Code which are observed by any City official shall be reported to the Building Commissioner.
(b) Inspection. Any City official vested with authority under Section 1123.03 shall inspect such alleged violation and shall, in writing, order correction of all conditions which are found to be in violation of this Planning and Zoning Code.
(c) Correction Period. All violations shall be corrected within a period of thirty days after the written order is issued or for a longer period of time as indicated by the Building Commissioner's written order unless otherwise specified in this Planning and Zoning Code. Any violations not corrected within the specific period of time shall be reported to the Law Director who shall initiate prosecution procedures.
(d) Violation May Be Enjoined. In the event of a violation of any provision or requirement of this Planning and Zoning Code or in the case of an imminent threat of such a violation, the Building Commissioner, the City Engineer, the Law Director or the owner of any neighboring property who would be especially damaged by such violation may, in addition to other remedies provided by law, institute a suit for injunction to prevent, remove, abate, enjoin or terminate such violation.
(e) No person shall interfere, obstruct, or hinder any person authorized to inspect by virtue of Section 1123.03 of this Planning and Zoning Code where such person is lawfully making an inspection.
(f) No person shall violate any provision of any chapter of this Planning and Zoning Code. Any violator will be subject to the penalty section of this Planning and Zoning Code found in Section 1123.99.
(Ord. 6-93. Passed 7-19-93; Ord. 239-08. Passed 12-15-08.)
1123.99 PENALTY.
(a) Whoever violates any of the provisions of this Planning and Zoning Code, or any rule or regulation promulgated hereunder, or fails to comply herewith or with any written notice or written order issued hereunder, or interferes with, obstructs or hinders any person authorized to inspect by virtue of Section 1501.07, of the Building Code, while such person is lawfully making an inspection, is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) In addition to the penalties found in subsection (a) hereof, any person, firm or corporation found guilty of violating or failing to comply with any of the provisions of this Planning and Zoning Code shall pay all costs and expenses involved in the case.
(Ord. 282-94. Passed 11-21-94; Ord. 239-08. Passed 12-15-08.)
1126.01 PURPOSE.
In recent years, the characteristics and impacts of an ever increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety and general welfare of the community. Toward these ends, it is recognized that this Zoning Code should provide for more detailed evaluation of each use conditionally permissible in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, public facilities requirements and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of this chapter of the Zoning Code.
(Ord. 45-93. Passed 7-19-93.)
1126.02 CONTENTS OF CONDITIONAL USE PERMIT APPLICATION.
Any owner, or agent thereof, of property for which a conditional use is proposed shall make an application for a conditional use permit by filing it with the Clerk of Council, who shall then refer it to the City Council at its next regular Council meeting. Such application, at a minimum, shall contain the following information:
(a) Name, address and telephone number of the applicant;
(b) Legal description of the property;
(c) Zoning district;
(d) Description of existing use;
(e) Description of proposed conditional use;
(f) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, street and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping features and such other information as the City Council may require;
(g) A narrative statement discussing the compatibility of the proposed use with existing uses of adjacent properties and with the Comprehensive Plan, to include an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes and vibration;
(h) A fee as established by ordinance; and
(i) A narrative addressing each of the applicable criteria contained in Section 1126.03.
(Ord. 45-93. Passed 7-19-93; Ord. 221-96. Passed 12-2-96.)
1126.03 GENERAL STANDARDS FOR ALL CONDITIONAL USES.
The City Council and the City Planning Commission 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) Is in fact a conditional use as established under the district regulations adopted for the zoning district involved;
(b) Will be in accordance with the general objectives, or with any specific objective, of the City's Comprehensive Plan and/or this Zoning Code;
(c) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of such area;
(d) Will not be hazardous or disturbing to existing or future neighboring uses;
(e) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools, or that the persons or agencies responsible for the establishment of the proposed use will be able to adequately provide any such services;
(f) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(g) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
(h) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance;
(i) Cannot be satisfactorily located in a nearby less restrictive use district.
(Ord. 45-93. Passed 7-19-93.)
1126.04 PROCEDURES FOR REVIEWING A PROPOSED CONDITIONAL USE PERMIT.
(a) Before making a decision as to whether to approve, disapprove or approve with conditions a conditional use permit application, City Council shall:
(1) Refer the application to the City Planning Commission and await its recommendations, which shall be formulated no later than the regular meeting following that at which the application was first received by the Commission, and which shall be forwarded promptly to the City Council.
(2) Schedule, advertise and duly hold a public hearing for any conditional use proposed. Notification of the hearing shall be placed in a newspaper of general circulation at least twenty days before the date of the hearing. Notification of the hearing shall also be mailed by the City Engineer at least twenty days before the arranged date to all owners, as they appear in the records then maintained in the office of the City Engineer (being copies of County tax records), of land within 500 feet of the proposed site. All such advertising and notification costs shall be borne by the property owner requesting such conditional use. The actual costs for postage and processing such notice shall be charged to and reimbursed by the person or corporation who or which submitted the application for the conditional use. The actual costs shall be reimbursed to the City prior to the public hearing. If any property owner fails to receive notice as provided herein, such failure shall in no way invalidate any actions, proceedings or determinations by the City as provided for by this chapter.
(Ord. 45-93. Passed 7-19-93.)
(b) Upon hearing the Planning Commission's recommendation, after holding any necessary public hearing and in any event within sixty days after receipt of the Planning Commission's recommendation, Council shall instruct the Building Commissioner of its final decision. Council may grant two extensions of up to thirty days each upon which it has to act on the application, provided the applicant has requested an extension in writing to the Planning Committee Chairman. A Council decision which reverses a recommendation of the Commission shall require a two-thirds majority vote.
(Ord. 159-95. Passed 9-5-95.)
(c) The Commission, in recommending approval for a conditional use, or Council, in granting the same, shall set forth any specific terms or conditions deemed necessary to ensure compliance with the intent and standards of this Zoning Code.
(Ord. 45-93. Passed 7-19-93.)
1126.05 BUILDING PERMIT APPLICATIONS; CONDITIONS AND STANDARDS FOR PARTICULAR USES.
(a) A building permit application for a conditional use shall not be issued unless a conditional use permit has been granted.
(b) Any conditions and standards specified in this Zoning Code for a particular use shall be met as a precedent to the occupancy of a building or use for which a conditional use permit is granted.
(Ord. 45-93. Passed 7-19-93.)
1126.06 REVOCATION OF CONDITIONAL USE PERMITS.
(a) A conditional use permit shall become null and void if construction on the proposed project has not begun within six months after the date of approval.
(b) Council may grant up to two extensions of a conditional use permit for a period of six months each in order to accommodate delays in the start of construction due to:
(1) Adverse weather conditions;
(2) The size and scope of a given project does not permit completion of detailed plans in time for construction to begin within six months of the granting of the conditional use permit;
(3) There is a delay outside the control of the permit grantee in obtaining necessary Federal, State or other governmental approvals or certifications for the project.
(c) Council shall revoke a conditional use permit upon a report and finding of the Building Commissioner that subsequent plans or building operations do not comply with the terms and conditions of the approval.
(d) A conditional use permit shall automatically expire if, for any reason, the conditional use shall cease for two or more consecutive years.
(Ord. 325-90. Passed 2-7-94.)
1127.01 PURPOSE.
The purpose of this chapter is to allow for the creation of a Board of Zoning Appeals that is to be empowered to have the following responsibilities:
(a) To hear and determine appeals concerning the interpretation or administration of this Zoning Code by any person adversely affected by any decision made by the Building Commissioner in enforcing this Zoning code; and
(b) To hear and, with approval from Council, to authorize variances from the strict terms of this Zoning Code.
(Ord. 167-93. Passed 8-15-94.)
1127.02 MEMBERSHIP.
The Board of Zoning Appeals shall consist of five members who are residents of the City and who shall be appointed by the Mayor with the approval of Council. Board members shall be appointed for terms of five years, except when a person is appointed to fill an unexpired term on the Board. Each member's term shall be so arranged that the term of one member shall expire each year.
(Ord. 167-93. Passed 8-15-94.)
1127.03 MEETINGS; CHAIRMAN; SECRETARY; RECORDS.
Meetings of the Board of Zoning Appeals shall be held in the City Hall upon the call of the Mayor or the Chairman of the Board. At the annual appointment, the Mayor shall designate which member is to be Chairman of the Board for the ensuing year.
The Secretary shall keep a permanent record of the attendance and shall also keep a verbatim record of all the proceedings, including all proposed variance or appeal requests and all of the comments and questions of the members of the Board, of all other City officials and of all others who are present at the meeting and who wish to be heard. The Secretary shall also include within such record copies of all written statements, information, documents or other evidence presented to the Board in the course of the meeting.
Further, the Board shall, in recording the vote on each case, prepare and submit for the record a statement from the prevailing or majority vote as to the reasons for the granting or disapproval of the appeal before it, based upon powers granted within this Zoning Code and other ordinances of the City. Those members of the Board who are in the minority shall have the right to file, as part of the record, a dissenting opinion. The records of the Board shall be public records and shall be open at all times for the use of other City officials or of any other person desiring to see the same. The Secretary shall further furnish to the Clerk of Council and to the Law Director, within seven working days of each meeting at which any such minutes have been approved, a copy of the minutes relative thereto.
The meetings of the Board shall be open to the public and all discussions and decisions shall be made at such open meetings.
(Ord. 167-93. Passed 8-15-94.)
1127.04 APPEALS TO THE BOARD GENERALLY.
Any determination by the Building Commissioner made in the enforcement of this Zoning Code may be appealed to the Board of Zoning Appeals by any person deeming himself adversely affected by such decision. A notice of appeal must be in writing and filed with the Board within thirty days of the personal delivery or mailing, whichever is applicable, of the order or notice being appealed. Failure to file a written appeal with the Board within the time prescribed shall constitute a waiver of the right to appeal. Filing of a notice of appeal does not operate to suspend the order or notice being appealed and shall not prevent the Building Commissioner from acting in accordance with his decision. A hearing shall be held before the Board as soon as reasonably possible, subject to the other provisions of this chapter.
(Ord. 167-93. Passed 8-15-94.)
1127.05 HEARINGS; QUORUM; VOTING.
No action of the Board of Zoning Appeals shall be taken on any case until after proper notice has been given and a public hearing has been held. The presence of three members shall constitute a quorum and the concurring vote of three members of the Board shall be necessary to reverse or modify any order, requirement, decision or determination of the Building Commissioner or to decide in favor of the appellant on any matter upon which the Board is required to pass or to effect any variation.
(Ord. 167-93. Passed 8-15-94.)
1127.06 PROPER NOTICE OF HEARINGS.
Proper notice of a hearing before the Board of Zoning Appeals shall consist of, besides public notice, placing notice of the hearing twice in a newspaper of local circulation in a thirty-day period, mailing written notice to the owner or his or her agent at the address given on the appeal and giving written notice to directly affected property owners or their agents within a 200-foot radius of the boundaries of the property proposed to receive an area variance and within a 500-foot radius of the boundaries if the property is proposed to receive a use variance, at least ten days prior to the date of the proposed hearing, in such manner as the Board may, by its rules, prescribe.
(Ord. 167-93. Passed 8-15-94; Ord. 278-98. Passed 4-5-99.)
1127.07 VARIANCE APPLICATION REQUIREMENTS.
(a) Applications for variance shall contain at least the following information:
(1) The name, address, telephone number, and email address of the applicant and/or agent;
(2) A statement of the reason(s) for requesting a variance;
(3) Any other information the Building Commissioner may require.
(b) The applicant shall pay a fee to the Building Commissioner as set forth in Chapter 185 of the Administrative Code (the General Fee Schedule).
(c) The applicant shall pay for the cost of the advertising of the legal notices and the postage for required notifications.
(d) The Building Commissioner shall then certify for hearing before the Board on the application for the variance request.
(Ord. 167-93. Passed 8-15-94; Ord. 278-98. Passed 4-5-99; Ord. 31-18. Passed 5-7-18.)
1127.08 TYPES OF VARIANCES.
Variances shall be of two types, as follows:
(a) Use Variances.
(1) A use variance permits land uses for purposes other than those permitted in the district as prescribed in the relevant land use regulation.
(2) The standard for a use variance shall be one of unnecessary hardship as set forth below.
(b) Area Variances.
(1) An area variance does not involve land uses, but rather structural or lot restrictions, including, but not limited to, setback lines, height restrictions, frontage requirements, lot size requirements, density regulations, yard requirements and building size requirements.
(2) The standard for an area variance shall be one of practical difficulties as set forth below. (Ord. 167-93. Passed 8-15-94.)
1127.09 REASONS AND STANDARDS FOR GRANTING USE VARIANCES GENERALLY.
The Board of Zoning Appeals shall have the power, in specific cases, and with approval from Council, to vary the application of certain provisions of this Zoning Code in order that the public health, safety, convenience, comfort and general welfare may be safeguarded and substantial justice done for the following reasons:
(a) Where unnecessary hardships would result from the literal application of the provisions of this Zoning Code. Hardships which are unavoidable if the purpose and intent of this Zoning Code are to be realized, such as theoretical loss or limited possibilities of economic advantage, are not unnecessary hardships. Likewise, a hardship based on conditions created by the owner is not an unnecessary hardship. It must be found that there are peculiar and special hardships as are applicable to the property involved which are separate and distinct from the general hardship in the use district;
(b) Where exceptional circumstances or conditions, only applicable to the property involved or to the intended use of the property, do not apply to other property within the same use district. The mere fact that the owner of one parcel might apply prior to the owner of other parcels in the same area would not give him a right to a variance. In such circumstances, a variance would be a special privilege for an individual that would be necessarily denied to others. It must be found, on the other hand, that there are exceptional conditions justifying a variance on one lot, such as topographical or geological conditions or the type of adjoining developments, and that a variance would be justified on any lot where the same exceptional circumstances prevail.
(c) Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located. The mere existence of any unnecessary hardship or other exceptional circumstance is not ipso facto evidence for granting of a variance, for such hardships must be balanced against the present conditions and the extent to which such a variance would interfere with the proper future development and rights of adjacent property.
(d) Where the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code or other adopted plans. A variance merely permits that which is contemplated in this Zoning Code for unnecessary hardships and exceptional circumstances. On the other hand, that which was not contemplated in this Zoning Code, although deemed desirable, should be effected by amendments.
(Ord. 167-93. Passed 8-15-94.)
1127.10 REASONS AND STANDARDS FOR GRANTING AREA VARIANCES GENERALLY.
The Board of Zoning Appeals shall have the power, in specific cases, and with approval from Council, to vary the application of certain provisions of this Zoning Code regarding structural or lot restrictions where the enforcement of such restrictions on a parcel creates practical difficulties. In determining whether practical difficulties exist, the following factors shall be considered:
(a) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(b) Whether the variance is substantial;
(c) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(d) Whether the variance would adversely affect the delivery of governmental services;
(e) Whether the property owner purchased the property with knowledge of the zoning restriction;
(f) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(g) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance;
(h) Such other criteria which the Board believes relates to determining whether the zoning regulation is equitable.
In determining whether practical difficulties exist, these factors need not be all weighted equally. However, no single factor alone shall unilaterally prohibit the grant of an area variance.
(Ord. 167-93. Passed 8-15-94.)
1127.11 SPECIFIC VARIATIONS; CONSIDERATIONS.
(a) Variations From Area and Yard Regulations.
(1) The Board of Zoning Appeals may permit variations of minimum area and yard regulations of not more than ten percent for a lot of record if, because of peculiar shape or because of topographical conditions of the lot, such variations are necessary to obtain appropriate development, provided the Board finds that privacy will not be impaired and that light and ventilation will be adequate on such lot and not unduly diminished on adjoining lots.
(2) In residential districts the Board may permit a modification of the side yard regulation so as to allow a one-story garage to be attached to an existing dwelling and to project into a required side yard, provided that the resulting distance, including projections, is not less than three feet to the nearest lot line and not less than twenty feet to a dwelling on an adjoining lot.
(3) In residential districts the Board may permit modifications of the side yard regulations for main and accessory buildings on corner lots of record, provided the Board finds that privacy of the occupants and the sight lines of the street intersection will not be unduly impaired and that the adjoining properties will not be unduly deprived of light and ventilation.
(b) Variations From Height Regulations. The Board may permit an increase in the height of a proposed or existing building or part thereof to the same height as an adjacent building nonconforming as to height, if such increased height is essential to the completion of the building as originally planned and if the adjoining properties will not be unduly deprived of light and air.
(c) Variations From Nonconforming Buildings and Uses. The Board shall have no power to authorize, as a variance, the establishment of a nonconforming building or use where none previously existed, or the extension of or change in a previously existing nonconforming use.
(d) Variations From Sign Regulations. The Board may permit variations of not more than a ten percent increase in the area of signs as set forth in this Zoning Code in the rebuilding or relocation of an existing sign, provided the Board finds that the sign will not create unsightliness or unduly decrease the visibility of an adjoining establishment or sign.
(e) Protection of Adjoining Property. The Board, upon making various determinations, shall endeavor to protect adjoining property, to assure the safety of pedestrians and the convenience of traffic movements within the area in question, and may require the provision of curbs, guardrails, walls, fences or other landscape or protective features to further the purposes of this Zoning Code.
(Ord. 167-93. Passed 8-15-94.)
1127.12 LAPSE OF VARIANCES.
A variance once granted shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of six months, no substantial construction is done in accordance with the terms and conditions for which such variance was granted, in which case the Building Commissioner shall give a notice in writing and thirty days thereafter the variance shall be deemed null and void and all regulations governing such premises in question shall revert to those in effect before the variance was granted. Council may grant up to two extensions of a variance for six months each, in order to accommodate delays in the start of construction due to adverse weather conditions and/or because the size and scope of a given project does not permit completion of given detailed plans in time for construction to begin within six months of the granting of the variance.
(Ord. 167-93. Passed 8-15-94.)
1127.13 PROCEDURE UPON PROPOSAL TO VARY.
(a) Whenever the Board of Zoning Appeals recommends the approval or denial of an application for a variance from the provisions of this Zoning Code, the Board shall cause written notice of its recommendation to be delivered to:
(1) The Clerk of Council, who shall cause such recommendation to be posted in a place where public notices and other information are regularly posted; and
(2) The applicant.
(b) No later than forty days from the completion of delivery of notice as provided in subsection (a) hereof, Council shall act to approve, modify, alter, amend or disapprove of the recommendation of the Board to grant or deny the variance. Such action shall be taken by a motion adopted by a majority of the members elected to Council. A motion to approve shall be predicated upon the finding of Council that the proposed variance is based upon the applicant's unnecessary hardship or practical difficulties, whichever applies, and would not permit that which may only be effected by amendment to the Zoning Code. A motion to disapprove shall be predicated upon the finding that the proposed variance would permit that which may be effected only by amendment to the Zoning Code, or that the proposed variance is not based upon unnecessary hardship or practical difficulties as defined in this Zoning Code, or is otherwise unlawful.
(c) The Clerk of Council shall cause written notice of Council's decision to be delivered to the Building Commissioner, the Board of Zoning Appeals, the applicant and each owner of adjacent property. Delivery of the notice shall be by person to the Building Commissioner and the Board of Zoning Appeals and by certified mail to the last known address of the applicant and each owner of adjoining or contiguous real property. Upon receipt of the notice, the Board of Zoning Appeals shall enter upon its minutes Council's decision to either approve, modify, alter, amend or disapprove the applicant's variance request. If Council disapproves the applicant's request for a variance, no variance permit shall be issued by the Building Commissioner.
(d) If Council fails to act within the specified time, or fails to adopt a motion to approve, modify, alter, amend or disapprove, then, in the happening of any of these events, the Clerk of Council shall cause written notice thereof to be delivered to the Building Commissioner, the Board of Zoning Appeals, the applicant and each owner of adjoining or contiguous real property. Upon receipt of this notice, the Board of Zoning Appeals shall enter upon its minutes that Council failed to act or failed to adopt a motion to approve, modify, alter, amend or disapprove the proposed variance and that the recommendation of the Board of Zoning Appeals constitutes a final, binding decision.
(Ord. 167-93. Passed 8-15-94; Ord. 278-98. Passed 4-5-99.)
1127.14 APPEALS TO COMMON PLEAS COURT.
All decisions made by the Board of Zoning Appeals in the case of determining appeals regarding the proper interpretation and administration of this Zoning Code, and all decisions made by Council in the case of approving, modifying, altering, amending or disapproving of a variance request, are appealable to the Common Pleas Court as provided in Ohio R.C. Chapters 2505 and 2506. In addition, all decisions made by the Board of Zoning Appeals in the case of granting or denying a variance from or modification of these regulations are appealable to the courts as provided by law, provided that Council fails to act on such a variance decision within the specified time as regulated under Section 1127.11.
(Ord. 167-93. Passed 8-15-94.)
1129.01 PROCEDURE GENERALLY.
1129.02 AUTHORITY OF COUNCIL.
Whenever the public necessity, convenience, general welfare or good zoning practice requires, City Council may, by ordinance, after receipt of a recommendation thereon from the City Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.
(Ord. 153-91. Passed 12-2-91.)
1129.03 FILING OF APPLICATIONS; ENDORSEMENTS.
(a) Proposals to amend any provision of this Zoning Code may be initiated by the filing of an application with the Clerk of Council by at least one owner or lessee of property within the area proposed to be changed or affected by such proposal.
(b) The Clerk of Council shall deliver such application to the Councilmember in whose ward the rezoning is to occur for his endorsement. In the event such Councilmember withholds endorsement, the Clerk of Council shall circulate the application to the remaining Councilmembers in an effort to secure an endorsement of the application. In the event that no Councilmember endorses the proposal, it shall be submitted to the Planning Committee of City Council for endorsement or rejection.
(c) Upon endorsement of an application, the endorsing Councilmember or the Planning Committee shall sponsor the proposal by way of an ordinance.
(d) Failure to obtain an endorsement shall result in the Clerk of Council mailing, by regular U.S. Mail, a notice of denial to the applicant.
(e) Nothing contained in this section shall be construed to limit, in any way, City Council's authority to enact, amend, change or repeal any provision of this Zoning Code.
(Ord. 153-91. Passed 12-2-91.)
1129.04 APPLICATIONS FOR ZONE MAP AMENDMENTS.
Applications for amendments to the Zone Map of the City, adopted as part of this Zoning Code, shall contain at least the following information:
(a) The name, address and phone number of the applicant;
(b) The proposed amending ordinance, approved as to form by the City's Law Director;
(c) A statement of the reasons for the proposed amendment;
(d) The present use of the property;
(e) The present zoning district of the property;
(f) The proposed use of the property;
(g) The proposed zoning district of the property;
(h) A vicinity map at a scale approved by the Zoning Administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the Zoning Administrator may require;
(i) A list of the names and mailing addresses of all property owners who are within, contiguous to, or directly across the street from, the parcels proposed to be rezoned, and of others who may have a substantial interest in the case, except that addresses need not be included where more than ten parcels are to be rezoned;
(j) A statement on the ways in which the proposed amendment relates to the Comprehensive Plan; and
(k) Any additional information Council deems necessary.
A fee as established by Council shall accompany the application.
(Ord. 153-91. Passed 12-2-91.)
1129.05 APPLICATIONS FOR ZONING CODE TEXT AMENDMENTS.
Applications for amendments proposing to change, supplement, amend or repeal any portions of this Zoning Code, other than the Zone Map of the City, shall contain at least the following information:
(a) The name, address and phone number of the applicant;
(b) The proposed amending ordinance, approved as to form by the City's Law Director;
(c) A statement of the reasons for the proposed amendment;
(d) A statement explaining the ways in which the proposed amendment relates to the Comprehensive Plan; and
(e) Any additional information Council deems necessary.
A fee as established by Council shall accompany the application.
(Ord. 153-91. Passed 12-2-91.)
1129.06 TRANSMITTAL TO CITY PLANNING COMMISSION.
Within thirty days after a zoning amendment ordinance is introduced and given its first reading at a Council meeting, it shall thereafter be transmitted to the City Planning Commission.
(Ord. 153-91. Passed 12-2-91.)
1129.07 RECOMMENDATION BY CITY PLANNING COMMISSION.
(a) Within sixty days from receipt of the proposed amendment by the City Planning Commission, the City Planning Commission shall transmit its recommendation to Council.
(b) The City Planning Commission may recommend that:
(1) The amendment be granted as requested;
(2) A modification of the amendment as requested be made; and
(3) The amendment be denied.
(c) The written decision of the City Planning Commission shall indicate the specific reasons upon which the recommendation is based and shall include the basis for its determination, a statement that the proposed amendment is or is not consistent with the Comprehensive Plan.
(Ord. 153-91. Passed 12-2-91.)
1129.08 AVAILABILITY OF RECORDS FOR PUBLIC INSPECTION.
(a) Copies of the text of the proposed amendment and of any maps or plans referred to in such proposal, along with copies of any maps, plans or reports submitted by the City Planning Commission, as well as any applications submitted pursuant to this chapter, shall be made available for public inspection.
(b) Such records shall be kept by the Clerk of Council.
(Ord. 153-91. Passed 12-2-91.)
1129.09 PUBLIC HEARINGS BY COUNCIL.
Upon receipt of the recommendation of the City Planning Commission, Council shall schedule a public hearing. Said hearing shall be not more than forty days from the receipt of the recommendation of the City Planning Commission.
(Ord. 153-91. Passed 12-2-91.)
1129.10 NOTICE OF PUBLIC HEARINGS IN NEWSPAPERS.
(a) Notice of a public hearing, as required by Section 1129.09, shall be given by City Council by at least one publication in one or more newspapers of general circulation in the City. Such notice shall be published at least thirty days before the date of the required hearing.
(b) The published notice shall set forth the time and place of the public hearing and contain a summary of the proposed amendment and the following statement:
"Copies of the text of the proposed amendment and of any maps or plans referred to in such proposal, along with any maps, plans or reports submitted by the City Planning Commission, shall be available for public inspection at Parma City Hall, Clerk of Council's Office."
(Ord. 153-91. Passed 12-2-91.)
1129.11 NOTICE OF PUBLIC HEARINGS TO PROPERTY OWNERS.
(a) If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by certified mail, at least twenty days before the day of the public hearing, to all owners of property within, contiguous to, directly across the street, and within a 300-foot radius from, such area proposed to be rezoned or redistricted, to the addresses 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.
(c) The failure to deliver the notification as provided in this section shall not invalidate any such amendment.
(Ord. 153-91. Passed 12-2-91.)
1129.12 ACTION BY COUNCIL.
(a) Within thirty days after the public hearing, as required by Section 1129.09, Council shall either adopt or deny the recommendation of the City Planning Commission or adopt some modification thereof.
(b) In the event that Council adopts the recommendations submitted by the City Planning Commission, the ordinance shall be deemed to pass or take effect only with the concurrence of at least a majority of the members elected to Council.
(c) In the event that Council denies or modifies the recommendation of the City Planning Commission, it must do so by not less than three-fourths of the full membership of Council in order for said ordinance to pass or take effect.
(Ord. 153-91. Passed 12-2-91.)
1129.13 REFERENDUM.
A referendum shall be provided for as mandated by Ohio R.C. 731.29.
(Ord. 153-91. Passed 12-2-91.)