Rocky River City Zoning Code
TITLE FIVE
General Provisions and Administration
1121.01 TITLE.
These rules, regulations, procedures and accompanying maps shall be known, cited and referred to as the City of Rocky River Development Code or the City of Rocky River Zoning Code. This Development Code includes standards and/or procedures for planning and developing land within the City.
1121.03 AUTHORITY AND SCOPE.
This Development Code is adopted by the City pursuant to its authority under the Ohio Revised Code Chapter 713 and the City of Rocky River Charter. Nothing in this Development Code shall be construed to limit City Council in the exercise of all of the powers to zone or redistrict now or hereafter as authorized by the Ohio Revised Code or the City Charter.
1121.05 PURPOSE.
(a) The purpose of this Development Code and the intent of the legislative authority in its adoption is to promote and protect the public health, safety, convenience, comfort, prosperity and the general welfare of the City by regulating the use of buildings, other structures and land for residences, public facilities, institutions, business and services; 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 design districts of such number and dimensions to carry out the objectives of the plans of the City and to provide procedures for the administration and amendment of this Development Code.
(b) This Development Code is intended to achieve, among others, the following objectives:
(1) To protect the character and values of residential, institutional and public uses, business and commercial uses; and to insure their orderly and beneficial development.
(2) To provide adequate open spaces for light, air and outdoor uses, and to prevent excessive concentration of population.
(3) To regulate and control the location and spacing of buildings in relation to the site and to the surrounding property.
(4) To regulate the intensity of uses in relation to streets and to reduce the interference with traffic movements so as to improve public safety.
(5) To guide the future development of the City so as to bring about the gradual conformity of land and building uses in accordance with the objectives of the Master Plan of the City.
(6) To accomplish the specific intents and goals set forth in the introduction to the respective Chapters.
(7) Encourage compatibility between different land uses and protect the scale and character of existing development from the encroachment of incompatible uses.
(8) To preserve and strengthen the reasonable balance of commercial activities within the City, so long as they are consistent with the City's residential character and the foregoing objectives, in order to serve the convenience of the inhabitants of the City and provide a strong economic and tax base to assure the City's ability to provide essential services to its inhabitants.
1121.07 APPLICABILITY.
(a) No structure shall be located, erected, constructed, reconstructed, moved, converted, or enlarged; nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this Development Code and, when required, after the lawful issuance of the certificates(s) or permit(s) required by this Development Code.
(b) Existing lots, buildings, structures and uses of land that do not comply with the regulations of this Development Code are subject to the regulations set forth in Chapter 1139, Non-conforming Uses, Lots, and Structures.
(c) In the case of subdivisions, no person shall sell any land or authorize the sale of land under his control except in accordance with the all of the applicable provisions of this Development Code.
(d) The design and layout of all subdivisions shall conform with the requirements of this Development Code. The subdivider shall submit plans and plats, all in accordance with Title Three, Subdivision Regulations.
(e) No lot, setback, parking area or other space shall be reduced in area or dimensions so as to make such area or dimension less than the minimum required by this Development Code. No part of a setback, parking area or other space provided about or for any building or structure for the purpose of complying with the provisions of this Code shall be included as part of a required setback, parking area, or other space required under this Code for another building or structure.
1121.09 RELATIONSHIP TO PLANS.
It is the intention of Council that this Development Code implement the planning policies reflected in the City of Rocky River Master Plan and other planning documents. While the Council reaffirms its commitment that this Development Code, as amended, be in conformity with adopted planning policies, Council hereby expresses its intent that neither this Development Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.
1121.11 RELATIONSHIP TO OTHER LAWS.
The provisions of the Development Code shall supplement any and all laws of the State, the Charter and ordinances of the City, or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of such Development Code.
1121.13 SEPARABILITY.
Sections and sub-sections of this Development Code and the several parts or provisions thereof are hereby declared to be independent sections, sub-sections, parts and provisions. If any provision of this Development Code, or amendment thereto, or any application of any provision to particular circumstances is held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Development Code or amendments thereto, or the application of such provision to other circumstances.
1121.15 INTERPRETATION AND APPLICATION.
(a) Unless specifically noted otherwise, in interpreting and applying the provisions of this Development Code, these provisions shall be considered the minimum requirements necessary for the promotion of the public health, safety, and general welfare. They shall be liberally construed to further the purposes and objectives set forth herein and the purposes and intent of each district as set forth in each district section.
(b) Except as specifically provided herein, the provisions of this Development Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing deed or plat restrictions, ordinances, laws, rules, or permits previously adopted or issued, and shall not be construed as removing or rendering inoperative any deed or land restriction formerly established by restrictive covenants running with the land, easements, or other agreements between parties.
(c) In cases where this Development Code imposes a greater restriction upon the use of buildings or land or upon the height and/or bulk of buildings, or requires larger lot area, yards, setbacks, or other open spaces than are imposed or required by such other laws or ordinances, or by such rules and regulations, the provisions of this Development Code shall govern. Conversely, other regulations shall govern where they are more restrictive in nature than this Development Code.
(d) If the provisions of this Development Code are inconsistent with one another, the more restrictive provision shall control.
1121.17 EFFECTIVE DATE.
This Development Code, and amendments thereto, shall take effect and be in full force and effect from and after the earliest period allowed by law.
1121.19 REPEAL OF EXISTING CODE.
The Development Code of the City of Rocky River, Ohio, previously adopted and as subsequently amended together with the Zoning Map, is hereby superseded and amended to read as set forth in this Development Code adopted by Ordinance 48-09, passed May 24, 2010.
1123.01 INTERPRETATION.
For the purpose of this Development Code, terms or words used herein shall be interpreted according to this Chapter. In the case of a discrepancy in meaning or implication between the text of this Code and any illustration or caption, the text shall control.
(a) The word "shall" signifies a mandatory requirement, one that is not discretionary; the word "may" signifies a permissive or discretionary requirement; and the word "should" is a preferred requirement. The word "building" includes the word "structure."
(b) The word "person" includes a firm, association, organization, partnership, trust, company, corporation, or any other legal entity including its agents as well as an individual.
(c) The words "used" and "occupied" include the words "arranged, designed, constructed, altered, or intended to be used."
(d) The word "lot" includes the words "plot" and "parcel."
(e) The words "Board of Appeals" or "Appeals Board" shall mean the City of Rocky River Board of Zoning and Building Appeals.
(f) The words "the Commission" or "Planning Commission" shall mean the City of Rocky River Planning Commission.
(g) The words "Rocky River " shall mean the City of Rocky River, Ohio.
(h) The words "Development Code" means the Land Planning and Subdivision Regulations and the Zoning Code of the City.
(i) The words "this Code" mean the Development Code of the City of Rocky River.
(j) The words "the Plan" or the "Master Plan" mean the Rocky River Master Plan September, 2005.
(k) "Council" means the City Council.
(l) The words "Review Board" or "Architectural Review Board" means the Design and Construction Board of Review of the City of Rocky River.
(m) ORC shall mean the Ohio Revised Code. This Development Code cites specific code sections from the ORC, and while these code sections may change after the adoption of this Development Code, the intent of these referenced sections shall remain.
(n) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(o) "Such as" shall be construed as introducing a typical or illustrative enumeration of uses.
(p) "Regulation" means a rule, restriction or other mandatory provision intended to control, require or prohibit an act.
(q) Whenever a number of days are specified, days shall mean calendar days unless specifically noted otherwise.
1123.02 DEFINITIONS.
(a) Words used in this Code are used in their ordinary English usage.
(b) For the purpose of this Development Code, the following terms shall have the meaning herein indicated:
(1) Abut. To physically touch or border upon; or to share a common property line but not overlap.
(2) Accessory building. See Building, accessory.
(3) Accessory structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal building, such as but not limited to fences, flagpoles, gazebos, etc. See also Structure.
(4) Adjacent. See abut.
(5) Adult care facility. A facility providing personal care services to adults (typically elderly). Such services may include assistance in daily living activities and self-administration of medicine, and preparation of special diets. There are two categories of adult care facilities licensed by the Ohio Department of Health:
A. An adult family home (providing accommodations for 3 to 5 unrelated adults); and,
B. An adult group home (providing accommodations for 6 to 16 unrelated adults).
(6) Animal hospital/clinic. A facility where domestic animals are given medical or surgical treatment and the boarding of animals occurs only as an incidental use for not more than 30 days.
(7) Architectural compatibility. A design or material/color selection is compatible when it does not strongly deviate from its parent building or the overall character of the neighborhood. To be compatible does not require look alike designs, but rather designs that reflect some aspects of its parent building or buildings in the general vicinity, such as scale of windows, overhangs, building materials, patterns of siding, roof slope. Conversely, incompatibly occurs when an architectural design, landscape design or accessory building proposal is aesthetically harsh or overwhelming in comparison to its neighbors.
(8) Assembly hall. An establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduations parties and business or retirement functions. This term includes, but is not limited to, a banquet hall or rental hall.
(9) Automobile service station. (See also Gasoline Station): A building, part of a building, structure or space which is used for the retail sale of gasoline, lubricants, and motor vehicle accessories, the routine maintenance and service of vehicles and the making of repairs to motor vehicles. Repairs described under VEHICLE REPAIR GARAGE shall not be permitted.
(10) Average. The result of dividing the sum of two or more quantities by the number of quantities.
(11) Bank. An establishment providing retail banking, credit and mortgage services. This term shall not include a currency exchange, a payday loan agency or a title loan agency.
(12) Basement or cellar. That portion of a building located partly underground but having at least 1/2 of its clear floor-to-ceiling height below the average grade of the adjoining ground.
(13) Bed and breakfast establishment. See Boarding House and Limited Lodging below.
A. Boarding House means the accessory use of a dwelling unit not occupied as a single family unit in which a lodger or individual rents bedroom accommodations with or without kitchen or other living common area for a period of time of thirty (30) continuous days or more, when the dwelling unit is not occupied by the owner. A boarding house may also be known as a "rooming house". Boarding House accommodations are not permitted in single or two-family residential districts within the City.
B. Booking Agent means any person or entity that facilitates reservations or collects payments for limited lodging accommodations on behalf of the property owner or primary resident.
C. Limited Lodging means the accessory use of all or part of a dwelling unit through a rental for temporary, transient occupancy for dwelling, sleeping or lodging, for a period of time not to exceed twenty-nine (29) continuous days. Limited lodging includes the arrangement of such rental by either the owner of the dwelling unit directly, or through a booking agent, but does not include a guest suite in a multi-family dwelling available for guests of residents of said dwelling. Limited lodging may also be known as a bed and breakfast. Limited lodging accommodations shall not be permitted in any residential zoning district or in any multi-family residential dwelling within the City. Limited lodging is a permitted use in office, business, service manufacturing and mixed-use overlay districts.
(14) Berm. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
(15) Block. An area of land bounded by streets, public or common land, railroad rights of way, shore lines or by other definite limits.
(16) Block face. A single side of a dedicated street running from street to street including parcels and public right-of-way.
(17) Buffer or buffer yard. A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other.
(18) Building. Any structure, which is permanently affixed to the land, having one or more floors and a roof supported by columns or walls, which is completely enclosed and is designed or intended for the shelter or protection of persons, animals, or property.
A. Building, accessory: A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is incidental and accessory to the principal building or use and which is constructed subsequent to the principal building or main use of the land, such as but not limited to a detached garage, storage shed, etc.
B. Building, principal: A building occupied by the principal use of the lot on which said building is located.
(19) Building height. The vertical distance, measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for a flat roofs; to the decklines of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height shall be measured from the average finished grade at the building walls. See Figure 1. See Section 1181.01, Supplementary Height Regulations.
Figure 1.
Building Height
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(20) Building line. An imaginary linear extension of the building parallel or substantially parallel to the street right-of-way line defining the limits of the front yard, or in the case of a corner lot, the corner side yard.
(21) Building wall. In the context of Chapter 1193, Sign Regulations, any vertical surface of a building or structure (other than a pitched roof) that is integral to, and could reasonably be constructed as a part of, the architecture of the building when signage is not being contemplated.
(22) Carport. A roofed structure, with a foundation, that provides space for the parking of vehicles and enclosed on not more than three (3) sides. Such a structure shall be an accessory structure to a garage and shall not exceed one hundred fifty (150) square feet in area.
(23) Car wash. A building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
(24) Cellar. See Basement.
(25) Cemetery. Cemetery means land used or intended to be used for the burial of the human or animal dead, and which is dedicated for cemetery purposes. Cemetery includes mausoleums and mortuaries if operated in connection with, and within the boundaries of a cemetery. This term shall not include crematoriums.
(26) Church. A building or structure used for public worship. The word "church" includes the words "place of worship," "house of worship," "chapel," "synagogue" and "temple" and their uses and activities that are customarily related.
(27) City Engineer. As defined in Section 144.01
of the Codified Ordinances of the City of Rocky River.
(28) Civic center. Grouping of municipal, government, and/or cultural facilities including associated parks and plazas.
(29) Cluster Residential Development. An area of land to be planned and developed as a single residential development, in which a variety of housing/dwelling units may be accommodated and the minimum lot size and setback requirements may be modified to achieve particular design objectives, while maintaining the same overall density limitations of the district in which the cluster residential development is located, and allowing for the flexible arrangement and clustering of dwellings.
(30) Commercial motor vehicle. Any motor vehicle that is designed and intended and/or used for the carrying of merchandise or freight and the carrying out of any commercial activity including, but not limited to, the following:
A. Box truck
B. Flat truck
C. Tow truck
D. Construction vehicle
E. Dump truck
F. Parcel delivery truck
G. Panel truck
H. Vehicles that have winches or snow plows attached
I. Van or pick up with a manufacturer's nominal rated carrying capacity of more than one ton
J. Van or truck that displays and/or advertises a company name or logo on the side of the vehicle
(31) Common area/property. Any land area and/or facilities that is held in common ownership by the residents through a homeowners' association, community association or other legal entity, or which is held by the individual members of a condominium association as tenants-in-common.
(32) Commercial Recreation, indoor. A facility primarily used for the indoor conduct of, or participation in, recreational activities, and secondarily for the viewing of such activities. This term includes, but is not limited to, an indoor driving range, volleyball court, bowling alley, ice or roller skating rink, billiard hall, video game center, archery or shooting range, soccer field or basketball court. This term does not include a health club.
(33) Commercial Recreation, outdoor. A facility primarily used for the outdoor conduct of, or participation in, recreational activities, and secondarily for the viewing of such activities. Such a facility may include one or more structures. This term includes, but is not limited to, a golf or mini-golf course/facility, tennis, basketball or volleyball court, soccer, baseball or football field, or amusement or water park. This term does not include a sports facility or a health club.
(34) Compliance, Certificate of Zoning. An official statement asserting that a given building, other structure or parcel of land is in compliance with the provisions of all existing codes, or is a lawfully existing non-conforming building or use and, hence, may be occupied and used lawfully for the purposes designated thereon.
(35) Conference center. A commercial facility used for trade shows, assemblies or meetings, including exhibition space. This term does not include banquet halls, clubs, lodges or other meeting facilities of private or nonprofit groups that are primarily used by group members.
(36) Congregate care facility. A residential facility that provides for the needs of individuals who are elderly or handicapped. The facility shall consist of residential dwelling units or rooms designed specifically for the elderly or handicapped, and may have common social, recreational, dining and/or food preparation facilities. The facility may be for independent living and/or may provide the residents with a range of personal and medical assistance including nursing care.
(37) Contour. An imaginary line connecting all points with the same elevation above or below a fixed base point whose elevation is known.
(38) County. Cuyahoga County, Ohio.
(39) Court. "Court" means an open space other than a yard, bounded on two (2) or more sides by exterior walls of the building, or bounded by exterior walls of a building and lot lines.
(40) Crematorium. A facility that burns human dead to ashes.
(41) Cultural institution. An institution that displays or preserves objects of interest to the arts or sciences. This term includes, but is not limited to, a museum, art gallery, aquarium or planetarium.
(42) Day care center. An establishment in which the operator is provided with compensation in return for providing individuals with care for less than 24 hours at a time. This term includes, but is not limited to, a day nursery, nursery school, pre-school, adult day care center, or other supplemental care facility. This term does not include a family day care home. (See the definition of family day care home below.)
A. Adult day care center. An adult day care center shall not include a convalescent home, hospital or any other full-time care facility.
B. Child day care center. Any place that provides day care or publicly funded day care to 13 or more children at one time; or any place that is not the residence of the licensee or administrator where child day care is provided to 7 to 12 children at one time.
(43) Density. The number of dwelling units permitted per acre of land.
(a) Density, Gross. Gross density means the number of dwelling units permitted per acre of total land area.
(b) Density, Net. Net density means the number of dwelling units permitted per acre of land when the acreage involved includes only the land devoted to residential uses and excluding land dedicated to public thoroughfares or other unbuildable land areas, if applicable.
(44) Developer. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this Development Code to effect a development of land hereunder for himself or for another.
(45) Development. Any building, construction, renovation, mining, extraction, grading, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwellings units in a structure or a change to a commercial or industrial use from a less intense use.
(46) Drive-thru facility. Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term "drive-thru" shall also include "drive-up" and "drive-in" but shall not include Car Wash, Gasoline Station, and Automobile Service Station.
(47) Driveway. A private access way used by vehicles and pedestrians for access to a parking space, garage, dwelling, or other structure.
(48) Dwelling. Any building or portion thereof, containing one or more dwelling units designed for or occupied exclusively for residential purposes, including single-family, two-family and multi-family dwellings as defined herein.
(49) Dwelling, attached single-family. Dwelling units that are structurally attached to one another, side by side, and erected as one building, each dwelling unit being separated from the adjoining unit or units by a party wall without openings extending from the basement floor to the roof and each such building being separated from any other building by space on all sides, and including such elements as separate ground floor entrances, services and attached garages.
(50) Dwelling, single-family detached grouped. A dwelling unit which is designed and used exclusively by one family and separated from all other dwelling units by open space from ground to sky, which is grouped with other dwelling units on a site in an arrangement. The single-family detached grouped dwelling does not need to be located on its own subdivided lot, but shall comply with all applicable requirements.
(51) Dwelling, detached single-family. A dwelling unit designed and used for one (1) family situated on a lot having a front, side and rear yard and separated from all other dwelling units by open space from ground to sky. See also Figure 2.
Figure 2.
Detached Single-Family Dwellings
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(52) Dwelling, multi-family. A dwelling designed for three (3) or more dwelling units, occupied by three (3) or more families living independently of each other where the units are separated by party walls with varying arrangements of entrances, and which does not meet the definition of attached single-family dwelling units. This term includes the conversion of non-residential buildings to residential use.
(53) Dwelling, two-family. A dwelling, having the exterior appearance of a single-family house, designed for or converted to contain two (2) dwelling units, occupied by two (2) families living independently of each other.
(54) Dwelling, one-story. "One-story dwelling" means a dwelling in which there are no habitable rooms above the first floor.
(55) Dwelling, one and one-half story. "One and one-half story dwelling" means a dwelling in which the areas of the habitable rooms on the second floor are substantially less than the areas of habitable rooms on the first floor.
(56) Dwelling, studio efficiency. A dwelling unit in which the living-dining area and sleeping facilities are all located within one (1) room.
(57) Dwelling unit. One or more habitable rooms comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one (1) family.
(58) Easement. A right granted by the owner of land to other parties to use such land for a specific purpose, such as public utility lines or for access to other properties.
(59) Equipment service. Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar equipment, and the rental of recreational and commercial motor vehicles. This term includes incidental indoor storage, maintenance, and servicing of such equipment.
(60) Façade. That portion of any exterior elevation on the building extending from grade to the top of the parapet, wall, or eaves and the entire width of the building elevation.
(61) Family. "Family" means an individual or two or more persons, each related to the other by blood, marriage, or adoption, or foster children as defined in Section 1123.02
(b) (67) and not more than two additional persons not related as set forth above, all living together as a single housekeeping unit and using common kitchen facilities.
(62) Family day care home. A residence used to provide childcare as detailed below:
A. Type A. A permanent residence of the day care provider in which child day care or publicly funded day care is provided for 7 to 12 children at one time; or, a permanent residence of the day care provider in which child day care is provided for 4 to 12 children at one time if 4 or more of these children are under two years of age. Such facilities shall be licensed as mandated by Chapter 5104 of the ORC.
B. Type B. A permanent residence of the day care provider in which child day care is provided for 1 to 6 children at one time. No more than 3 of these children shall be under two years of age at one time.
(63) Fence. Any structure composed of wood, steel or other material erected in such a manner and positioned to enclose or partially enclose any premises or part of any premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position to enclose any premises or part of any premises shall be included within the definition of the word "fence". Structures erected other than on lot lines or in close proximity to lot lines, which have solely an ornamental purpose and which do not serve the purpose of enclosing or partially enclosing premises or of separating premises from adjoining premises, shall not be included within the definition of the word "fence". For the purposes of this Development Code, a fence erected upon a graded earth mound shall be measured from the average site grade, prior to the addition of the mound, to the tallest element of the fence. Specific types of fences include:
A. Barbed wire. "Barbed wire fence" means a fence made with metal wire having sharp points, razors, or barbs along its length.
B. Chain link. "Chain link fence" means a fence made of vinyl-clad metal loops interconnected in a series of joined links.
C. Electrified. "Electrified fence" means all fences or structures, included or attached to any device or object which emits or produces an electrical charge, impulse or shock when the same comes into contact with any other object, person or animal or which causes or may cause burns to any person or animal.
D. Ornamental. "Ornamental fence" means a fence constructed for its beauty or decorative effect and when viewed at a right angle, has not less than seventy-five percent (75%) of the area of its vertical plane, the area within a rectangular outline enclosing all parts of the fence in its plane, open to light and air. Ornamental fences include:
(i) "Rail fence" or "split-rail fence" means a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts; and,
(ii) Wrought iron fences, decorative steel fences, and aluminum fences.
E. Privacy. "Privacy fence" means a fence made to inhibit public view and provide seclusion and when viewed at right angles, has less than twenty-five percent (25%) of the area of its vertical plane open to light and air, except as provided for below. Privacy fences include:
(i) "Basket weave fence" or "woven fence" which means a fence made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a plaited basket.
(ii) "Louver fence" or "ventilating fence" which means a fence made of a series of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
(iii) "Board on board fence" or "picket fence."
(iv) "Stockade fence" or "palisade fence" means a fence constructed with a row of stakes, pales or pickets placed upright against each other and having at least fifty percent (50%) of the area of its vertical plane closed to light and air.
(64) Financial institution. See bank.
(65) Floor area, gross. The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two (2) or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
(66) Floor area, net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
(67) Foster child. "Foster child" means a person under eighteen (18) years of age who is placed in a dwelling units by an institution or agency, licensed or approved by an appropriate State-regulating agency to place foster children.
(68) Freestanding drive-thru facility. A facility whose only use is transacting business with customers located in a motor vehicle during such business transaction.
(69) Funeral home. A building or part thereof used for human funeral services. Where a funeral home is permitted, a funeral chapel shall also be permitted. Such building may contain space and facilities for:
A. Embalming and the performance of other services used in preparation of the dead for burial;
B. The performance of autopsies and other surgical procedures;
C. The storage of caskets, funeral urns, and other related funeral supplies;
D. The storage of funeral vehicles; and,
E. May include facilities for cremation.
(Ord. 39-16. Passed 9-6-16.)
(70) Garage. A building, or part thereof, used or intended to be used for the parking and storage of vehicles. Attached garage: A garage which is joined to the principle dwelling by no less than eight (8) feet of continuous wall and directly accessible from the living area of the principle dwelling. Any access to conditioned or living space above the garage shall be from the conditioned living area of the principle dwelling only.
(Ord. 85-22. Passed 3-13-23.)
(71) Gasoline station. (See also Automobile Service Station): An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by an attendant or by persons other than the station attendant and may include accessory facilities available for the sale of other retail products.
(72) General development concept. A plan that indicates the overall, general design of an entire proposed development project. Drawings and maps including all the elements set forth in Section 1137.25
, Submission Requirements for General Development Concept.
(73) Golden age center. A development or institution providing dwelling facilities for three (3) or more persons, principally of the retirement age who may or may not be dependent upon the services of others and who are not related to the owner or operator, and which must include rest, nursing or other health facilities as set forth in Ohio R.C. Chapter 3721, and may include dining, recreational and other related facilities and services.
(74) Grade. Grade shall mean the vertical alignment of a surface of land, as it exists or as rendered by cut and/or fill activities.
(75) Grade, established street. "Established street grade" means the elevation established by the City at the roadway centerline or curb in front of the lot.
(76) Grade, finished. "Finished grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(77) Grade, natural. "Natural grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(78) Grading. The rearrangement of the earth's surface by stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new contours or grades.
(79) Habitable space. Spaces in a building for living, sleeping, eating and cooking. Bathrooms, toilet rooms, closets, storage or utility areas and similar areas are not considered habitable space.
(80) Health club. An establishment for the conduct of indoor sports and exercise activities, along with related locker and shower rooms, offices and classrooms, where use of such establishment is offered on a membership basis.
(81) Historic district. A geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, and/or objects united by past events or aesthetically by plan or physical development.
(82) Home occupation. Any use or profession conducted entirely within a dwelling and carried on only by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change its character.
(83) Homeowners' association. A community association that is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, private roads, or other such facilities.
(84) Hospital. A facility which provides accommodations and continuous services for the sick and injured which may include pediatrics, obstetrical, medical, surgical, psychiatric or extended care, generally for a limited period of time.
(85) Hotel/motel. A building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court or otherwise. This definition shall not include emergency or transitional housing.
(86) Household. A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
(87) Improvements. The term means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
(88) Landscaped area. An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.
(89) Library. A facility in which literary, musical, artistic or reference materials, such as, but not limited to, books, manuscripts, computers, recordings or films are kept for use or loaning to patrons of the facility, but are not normally offered for sale.
(90) Loading space, off-street. An area located completely outside of any public right-of-way and on the same lot with a building or contiguous to a group of buildings, for the temporary parking of vehicles entering the premises for loading or unloading merchandise or materials.
(91) Lot. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards/setback and other open spaces as are required by this Development Code. A lot may consist of the following:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or portions of lots of record.
(92) Lot area. See lot size.
(93) Lot coverage. That portion of a lot, which when viewed directly above, which would be covered by a building or structure, parking and loading areas and other surfaces that are impermeable or substantially impervious to water.
(94) Lot coverage by building. That portion of a lot that is occupied by any principal and/or accessory buildings, excluding unroofed steps, patios, terraces, and similar structures. Building coverage is measured from exterior wall to exterior wall.
(95) Lot frontage. That portion of the lot extending along the street right-of-way.
(96) Lot line. The boundary line defining the limits of the lot. Lot line is synonymous with "property line."
A. Lot line, front: The line separating an interior lot from the street right-of-way on which the lot fronts. On a corner lot, the street right-of-way with the least amount of street frontage shall be the front lot line.
B. Lot line, rear: The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
C. Lot line, side: Any lot line other than a front or rear lot line.
(97) Lot of record. A lot which is part of a subdivision, the part of which has been recorded in the office of the County Recorder, or a lot or parcel of land described by metes and bounds, the description of which was recorded, prior to adoption of this Development Code.
(98) Lot size. The total horizontal area contained within the lot lines exclusive of any portion of the right-of-way of any public street.
(99) Lot types. Terminology used in this Development Code with reference to corner lots, interior lots and through lots is as follows. See also Figure 3 for an illustration of lot types.
A. Lot, corner. A lot which adjoins the point of intersection or meeting of two (2) or more streets and in which the interior angle formed by the street lines is 135 degrees or less.
B. Lot, interior. A lot abutting or with frontage on only one street.
C. Lot, through: A lot having frontage on 2 parallel or approximately parallel streets.
Figure 3 - Illustration of Lot Types
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(100) Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line.
(101) Lot, zoning. A parcel of land not separated by street or alley that is designated by its owner or developer at the time of applying for a zoning certificate, as a tract all of which is to be used, developed, or built upon as a unit under single ownership. Unless the context clearly indicates otherwise, such as a non-conforming lot, the term "zoning lot" is used synonymously with "lot" herein. As long as it satisfies the above requirements, such lot may consist of:
A. A single lot of record, or;
B. A portion of lot of record, or;
C. A combination of complete lots and portions of lots of record, or portions of lots of record.
(102) Manufacturing, light. An establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes, but is not limited to, a business engaged in the processing, fabrication, assembly, treatment or packaging of food, packaging of beverages, textile, leather, wood, paper, chemical, plastic or metal products, but does not include basic industrial processing from raw materials.
(103) Marina. A boat basin that has docks or moorings for seven or more watercraft as defined in section 1547.01 of the Ohio Revised Code. "Marina" does not include:
A. Any dock or mooring contiguous to a privately owned residence and used exclusively by the owner and the owner's guests;
B. Any dock, mooring, or other area where watercraft are stored or in storage;
C. Any dry dock or shipyard where the watercraft are being held for maintenance or repairs;
D. Any boat basin where all of the watercraft moored are rowboats, canoes, pedal boats, or other watercraft propelled by human muscular effort;
E. Any dock or mooring on inland lakes used by the owner, or guests of the owner, of a private residence located on land that is contiguous to land, owned by this state or an agency or political subdivision of this state, contiguous to the dock or mooring;
F. Any boat basin located on waters where the watercraft used are normally unsuited for the installation of on-board permanent sanitary systems. (Ord. 39-16. Passed 9-6-16.)
(104) Medical/dental/health services clinic. An establishment where human patients are examined and treated by a group of dentists, physicians or similar medical professionals. Clinics provide outpatient service only, including out patient surgery. This term does not include a hospital. This term also does not include cultivating, processing, or dispensing medical and/or adult recreational use marijuana or the operation of a "adult use operator" as defined in RC 3780.01(A)(2), regardless of any provisions of Chapter 3780 of the Ohio Revised Code.
(Ord. 113-23. Passed 12-18-23.)
(105) Membership clubs. An incorporated or unincorporated association of persons organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.
(106) Monuments. "Monuments" means permanent markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
(107) Motor vehicle body shop. An establishment providing the repair or rebuilding of motor vehicle bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within an enclosed building.
(108) Motor vehicle, inoperable. A vehicle that cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.
(109) Motor vehicle rental. An establishment where contracts are prepared or reservations accepted for the rental or leasing of motor vehicles. This term includes outdoor display of vehicles and only minor on-premise maintenance of vehicles, but does not include a tool/equipment rental facility.
(110) Motor vehicle sales. An establishment providing wholesale and retail sale of motor vehicles, including incidental storage and maintenance.
(111) Non-conformity. A lot, use of land, building, site conditions, use of buildings, or use of buildings and land in combination lawfully existing at the time of enactment of this Development Code or its amendments, which do not conform to the current regulations of the district or zone in which it is situated or other regulations in this Development Code.
A. Non-conforming building. A building existing lawfully when this Development Code, or any amendment thereto, became effective, but which does not conform to the current regulations governing buildings and structures of the district in which it is located.
B. Non-conforming lot. A lot lawfully existing on the effective date of this Development Code or any amendment thereto, which on such effective date, does not conform to the current lot area, access, lot width, frontage, or other requirements of the district in which it is located.
C. Non-conforming site condition. A site improvement that was legally established, but no longer conforms with the regulations in the Development Code.
D. Non-conforming use: Any building or land lawfully occupied by a use on the effective date of this Development Code or any amendment thereto, which does not conform to the current use regulations of the district in which it is situated.
(112) Nursing home. An establishment providing full-time nursing and medical care to three (3) or more people, not related by blood or marriage, who, by reason of chronic illness, are unable to care for themselves. Hospitals shall not be included in this definition.
(113) Office, administrative/business/professional. An establishment within which specific services are conducted with other businesses, individuals, organizations or corporate customers, generally on a contractual basis, and not involving the retail sales of merchandise on the premises for walk-in traffic from the street. (Ord. 39-16. Passed 9-6-16.)
(114) Office, medical/dental. Facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which do not provide overnight care or serve as a base for an ambulance service. Medical/dental facilities are operated by doctors, dentists, or similar practitioners licensed by the State of Ohio. Emergency treatment is not the dominant type of care provided at this facility. Medical/dental office includes establishments providing support to medical professionals and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services. This term also does not include cultivating, processing, or dispensing medical and/or adult recreational use marijuana or the operation of a "adult use operator" as defined in RC 3780.01(A)(2), regardless of any provisions of Chapter 3780 of the Ohio Revised Code.
(Ord. 113-23. Passed 12-18-23.)
(115) Outdoor display/sales. Merchandise placed in an outdoor area that is open to the general public, when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area.
(116) Outdoor storage. The storage of goods, materials, merchandise or vehicles in an area outside of a building or structure in the same place for more than 24 hours, except for merchandise placed in an area for outdoor display.
(117) Park. A tract of land, designated and used by the public, for active and/or passive recreation.
(118) Parking lot. An outdoor paved area made up of marked parking spaces and associated access drives where motor vehicles may be stored for the purpose of temporary off-street parking. Also known as a parking area or parking facility.
(119) Parking space, off-street. An open or enclosed area, defined by painted lines, raised curbs or a combination thereof, outside the public street right-of-way that is used for the parking or temporary storage of registered and licensed motor vehicles
(120) Parking lot, restricted. A parking lot located in a zoning district in which the principal use served is not permitted by right or a conditional use.
(121) Parking structure. A building or structure consisting of more than one (1) level and used to store motor vehicles.
(122) Performance guarantee. A financial deposit to ensure that all improvements, facilities, or work required will be completed in conformance with the approved plan.
(123) Performance standard. A criterion established to control enclosure, dust, smoke, fire and explosive hazards, lighting, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.
(124) Permanent parcel number. "Permanent parcel number" means a number assigned to each parcel of land within the corporate limits and consisting of three (3) parts separated by a hyphen as follows: (part 1) the City's Plat Book Number, (part 2) the Page Number in Plat Book where the plat is recorded, (part 3) the lot number on the page.
(125) Place of Worship. See Church.
(126) Plan, community facilities. The plan which shows the location and extent of existing, planned and proposed parks, playgrounds, public land and buildings and other public facilities for the City, duly adopted or officially accepted, separately or as a part of the Master Plan.
(127) Plan, concept. A plan prepared by or for the City for guiding the design development plans and otherwise implementing components of the Master Plan and may include, but not limited to design, bulk, use, height, location and arrangements of buildings and other structures; land features in respect to streets, easements for public facilities, for open spaces for common use and natural features.
(128) Plan, design. A drawing prepared by a developer for the purpose of study of a subdivision of land and, when approved by the City, permits proceeding with the preparation of the final plat of a subdivision.
(129) Plan, development. A plan prepared to scale accurately showing, with complete dimensions, the boundaries of the site, the location of buildings; landscaping; parking areas; access drives; signs; outdoor storage areas; and any other features that comprise a proposed development
A. Preliminary Development Plan: Drawings and maps including all the elements set forth in Section 1137.13.
B. Detailed Development Plan: Drawings and maps including all the elements set forth in Section 1137.15.
(130) Plan, major thoroughfare. The comprehensive plan adopted by the Planning Commission indicating the general location recommended for arterial, collector or local thoroughfares within the corporate limits of the City.
(131) Plan, mapped street. A drawing of sufficient size, scale and detail to show with appropriate dimensions the exact locations of a mapped street line or lines with reference to present street lines and boundaries of property affected by the mapped street line or lines.
(132) Plan, Master. The current, adopted long-range plan intended to guide the growth and development of the City, based on study and analysis of the City's existing conditions, including population and housing, historic and natural features, general land use patterns and zoning regulations, and other development considerations.
(133) Plan, plot. A plan of a lot, drawn to scale, showing the actual measurements, the size and location of any existing structures or structures to be erected, the location of the lot in relation to abutting streets, and other such information.
(134) Plan, street. The plan which shows the general location and extent of existing, planned and proposed streets and other transportation facilities for the City, duly adopted or officially accepted, separately or as a part of the Master Plan.
(135) Plat. A map of a lot, tract or subdivision on which the lines of each element are shown by accurate distances and bearings.
(136) Plat, final. The final map prepared by a developer based upon the approved preliminary plan of a subdivision, and after the land improvements are constructed, or construction guaranteed, the approved plat shall be recorded.
(137) Playground. An active recreational area with a variety of facilities including equipment for younger children as well as court games.
(138) Porch. A roofed open structure that projects from the front, side or rear wall of a building. For the purposes of this Development Code, an enclosed porch shall be considered part of the principal building.
(139) Project boundary: The boundary defining the tract(s) of land that is included in a proposed development to meet the minimum required project area required in this Code. The term "project boundary" shall also mean "development boundary".
(140) Public hearing. An official meeting called by the City Council, the Planning Commission, or the Board of Appeals, duly noticed, which is intended to inform and obtain public comment or testimony, prior to the governing body rendering a decision.
(141) Public meeting. Any prearranged discussion of the public business of any board or commission when the majority of the members are in attendance. Such meetings are open to attendance by the public, unless a closed session is expressly authorized by law. However, there are no requirements that such board or commission shall permit public participation in any such public meeting, unless specifically required by law. The public may, at the discretion of the board or commission, be heard.
(142) Public safety facility. A municipal, government facility for public safety and emergency services, including a facility that provides police or fire protection and related administrative facilities.
(143) Recreational vehicle/equipment. Recreational vehicle/equipment includes snowmobiles, floats, rafts, boats and boat trailers, including normal equipment to transport the same, recreational equipment as determined by the Zoning Administrator and also includes any of the following recreational vehicles as each is hereinafter defined:
A. "Travel Trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses.
B. "Pick-up Camper" means a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
C. "Motor Home" means a portable dwelling designed and constructed as a integral part of a self-propelled vehicle.
D. "Folding Tent Trailer" means a canvas folding structure, mounted on wheels and designed for travel and vacation use.
(144) Religious assembly. See church.
(145) Residential facility. A facility licensed by the Ohio Department of Mental Health that provides room, board, personal care, supervision, habilitation services and mental health services, in a family setting, to one or more persons with mental illness or severe mental disabilities. There are three size categories of residential facilities:
A. Family home. A residential facility that provides the services listed above for six (6) to eight (8) mentally retarded or developmentally disabled persons.
B. Foster family home. A residential facility that provides the services listed above for five (5) or fewer mentally retarded or developmentally disabled persons.
C. Group home. A residential facility that provides the services listed above for nine (9) to sixteen (16) mentally retarded or developmentally disabled persons.
(146) Restaurant, indoor dining. An establishment where food and drink are prepared, served, and consumed within the principal building.
(147) Restaurant, outdoor dining. An establishment where food and drink are prepared inside the establishment and consumed outside the principal building in an area adjacent to the principal building.
(148) Restaurant, sit-down. A restaurant whose principal business is the selling and serving of food, beverages and/or desserts in a ready-to-consume state where customers are served at tables or counter with the consumption of the food within the building and customers are seated.
(Ord. 39-16. Passed 9-6-16.)
(149) Retail establishment. An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered. This term does not include any sexually oriented businesses. This term also does not include cultivating, processing, or dispensing medical and/or adult recreational use marijuana or the operation of a "adult use operator" as defined in RC 3780.01(A)(2), regardless of any provisions of Chapter 3780 of the Ohio Revised Code.
(Ord. 113-23. Passed 12-18-23.)
(150) Right-of-way. A strip of land or the air space above it taken, dedicated, or otherwise recorded as an irrevocable right-of-passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, tree lawns, lawn strips, sidewalks, water and sewer lines, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges and the air space above the surface.
(151) Right-of-way line. The line between a lot, tract, or parcel of land and a contiguous public street, and demarcating the public right-of-way. "Right-of-way line" also means "street line."
(152) Roadway. The pavement measured between curbs, that portion of a right of way available for vehicular travel, including parking lanes.
(153) School (public/private) college/university. An educational institution authorized by the State of Ohio to award associates or higher degrees.
(154) School (public/private) elementary/secondary. Publicly or privately owned facilities providing full-time day instruction and training at the elementary, junior high, middle, and high school levels in accordance with the requirements of Chapter 3313 of the Ohio Revised Code, or facilities providing kindergarten or nursery school training and care whose annual sessions do not exceed the school sessions for full-time day schools and which are operated by a board of education or an established religious organization.
(155) School, specialty/personal instruction. A facility primarily teaching usable skills that prepare students for jobs within a specific trade or a facility providing instruction on social and religious customs and activities, performing arts and/or sports. Such facilities may include beauty schools, dance instruction centers, cooking schools and martial arts studios. This term does not include health club.
(156) Scientific research, development, training and testing facility. A building or group of buildings used for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
(157) Self-storage facility, indoor. Self-service storage facility or mini-warehouse means a facility consisting of a building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the dead storage of customers' residential goods or wares.
(158) Service establishment, business. An establishment providing services to business establishments on a fee or contract basis, including, but not limited to, advertising and mailing services, employment services, business equipment and furniture sales or rental, photocopy services, protective services, or similar services.
(159) Service establishment, personal. An establishment providing services that are of a recurring and personal nature to individuals residing within a close proximity to the establishment, such that the establishment primarily serves those residents as a neighborhood business. This term includes, but is not limited to, a barber shop, beauty salon, shoe repair shop, seamstress, tailor, and tanning salon. This term does not include a health club, repair shop for household items or a tattoo/body piercing parlor, or any other establishment that does not primarily serve the immediate residents of the neighboring area. (Ord. 71-12. Passed 3-25-13.)
(160) Setback. Setback means the required minimum horizontal distance between a lot line or the proposed thoroughfare line shown on the Mapped Streets Plan, whichever is more restrictive and a building, surface parking lot, outdoor storage, or structure as established by this Development Code.
(161) Setback Line. A line established by this Development Code generally parallel with and measured from the lot line, defining the minimum distance a building, structure, parking area or outdoor storage area shall be located from the said lot or thoroughfare/right-of-way line, except as may be provided in this Development Code.
(162) Sign. Any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure in order to direct or attract attention to, or announce or promote, an object, product, place, activity, person, ideology, institution, organization, business or the like, by means of letters, words, models, banners, flags, pennants, insignia, devices, designs, colors, symbols, fixtures, images, illuminations or representations used as, or which is in the nature of, an announcement, direction, advertisement or other message.
(163) Single housekeeping unit. Single housekeeping unit means common use and access to all living and eating areas, bathrooms, and food preparation and serving areas.
(164) Slope. An inclined ground surface. The inclination is expressed as a ratio of the horizontal distance to the vertical distance.
(165) Solar equipment. Items including panels, lines, pumps, batteries, mounting brackets, framing and foundations used for or intended to be used for the collection of solar energy in connection with a building.
(166) Street, private. An area set aside to provide access for vehicular traffic within a development that is not dedicated or intended to be dedicated to the City and that is not maintained by the City.
(167) Street, public. A public way for purposes of vehicular travel, including the entire area within the rights-of-way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Streets shall be classified and further defined as follows:
A. "Arterial street" means a public street which is primarily for moving fast or heavy traffic between large or intensively developed districts.
B. "Collector street" means a street supplementary to and connecting arterial streets to local streets.
C. "Local street" means a street primarily for access to abutting residential properties, and to serve local needs, including:
i. "Cul-de-sac" means a local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnaround.
ii. "Marginal access street" means a local street providing access to lots which abut or are adjacent to a limited access highway or arterial street.
iii. "Loop street" means a local street, both ends of which intersect with the same street at different points and which intersects with no other street.
iv. "Alley" means a local street used primarily for vehicular service access to the back or side of properties abutting on another street.
v. "Dead-end street" means a street temporarily having only one (1) outlet for vehicular traffic, and intended to be extended or continued in the future.
(168) Structure. Anything that is constructed on or under the ground or attached or connected to the ground, included but not limited to: buildings, barriers, bridges, bulkheads, bunkers, chimneys, fences, garages, outdoor seating facilities, platforms, decks, pools, poles, tanks, tents, towers, sheds, signs and walls; excluding trailers and other vehicles whether on wheels or other supports.
(169) Structural alteration. Any change or rearrangement in the supporting members of a building, such as beams, girders, bearing walls, columns or partitions or any increase in the area or cubical contents of the building.
(170) Subdivider. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this Development Code to effect a subdivision of land hereunder for himself or for another.
(171) Subdivision. "Subdivision" means the division of any parcel of land shown as a unit or as contiguous units on the last preceding records of the County Auditor, into two (2) or more sites or lots, any one of which is less than five (5) acres for the purpose, whether immediate or future, of transfer of ownership, or building development.
Subdivision also includes the improvement of one (1) or more parcels of land for residential, business or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, or as easements for the extension and maintenance of public sewers, drainage, water supply or other public facilities and the division or allocation of land as open spaces for common use by owners, occupants or leaseholders; and the term includes resubdivision, which means the further division or the assembly of lots within a subdivision; it may refer also to the process of subdividing and the land subdivided when appropriate to the context.
(172) Terrain classification. "Terrain classification" means the classification of the terrain within the area of the preliminary plat as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:
A. "Level" means that the land has a cross slope range of four (4) percent or less;
B. "Rolling" means that the land has a cross slope range of more than four (4) percent, but not more than eight (8) percent;
C. "Hilly" means that the land has a cross slope range of more than eight (8) percent, but not more than fifteen (15) percent;
D. "Hillside" means that the land has a cross slope range of more than fifteen (15) percent.
(173) Theater. A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances.
(174) Tree lawn. That portion of a right of way lying between the exterior line of the roadway and the outside right of way line which may include a public sidewalk.
(175) Use. The purpose for which land, a building or structure is arranged, designed, intended, maintained or occupied; or any occupation, activity, or operation carried on in a building or structure or on land.
A. Use, accessory. A use located on the same lot with the principal use of building or land, but incidental and subordinate to and constructed subsequent to the principal use of the building or land.
B. Use, conditional. A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 1183, Conditional Use Regulations, and which requires conditional use approval by the Planning Commission, in accordance with the standards and procedures set forth in Chapter 1131, Conditional Use Certificates.
C. Use, permitted. A use that is authorized by this Development Code as either a use permitted by right, a conditional use or an accessory use.
D. Use permitted by right. A permitted use that is approved administratively when it complies with the standards and requirements set forth in the Development Code, the approval of which does not require a public hearing.
E. Use, principal. The primary or main use or activity of a building or lot.
F. Use, temporary. A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.
(176) Utility substation/distribution facility, indoor. A facility contained entirely within a building, which performs either of the following functions:
A. Aids in the transmission or distribution of gas, electricity, steam or water, or landline telephone communications.
B. Is used as a distribution center, including but not limited to a water pumping station, water reservoir, transformer station, landline telephone exchange, or building for radio, television, but not including a yard or building for storage, maintenance or repair service.
(177) Variance. A grant by the Board of Appeals to a property owner authorizing the property owner to vary from the literal terms of the relevant regulations.
(178) Vehicle repair garage. An establishment providing repair services for motor vehicles, including the sale, installation and servicing of related equipment and parts, where all such work is performed within an enclosed building. This term includes, but is not limited to, the repair or servicing of transmissions, engines or upholstery including the rebuilding or reconditioning of motor vehicles, or parts thereof, including clutch, transmission, differential, axle, spring, and frame repairs; major overhauling or engines requiring the removal of the engine cylinder, head or crankcase pan; repairs to radiators requiring the removal thereof; or similar activities. This term includes, but is not limited to, an auto repair shop, wheel and brake shop, tire sales and installation, or upholstery shop. This term shall not include vehicle dismantling or salvage, tire re-treading or recapping, or motor vehicle body shop.
(179) Vehicular use area. An area for storage of any and all types of vehicles whether such vehicles are self propelled or not, and an area including all land designed to be traversed by vehicles including, but not limited to, drive-in activities such as filling stations, grocery and dairy stores, banks, restaurants and the like.
(180) Warehousing. A building used for the indoor storage of goods and materials.
(181) Watershed. "Watershed" means the drainage basin into which the subdivision, or the area drains or that land whose drainage is affected by the subdivision.
(182) Way, drainage. "Drainage way" means the land required for construction or maintenance of storm water sewers or required along a drainage ditch, natural stream or watercourse.
(183) Way, pedestrian. "Pedestrian way" means a dedicated public right of way solely for pedestrian circulation.
(184) Wholesale sales & distribution, indoor. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such companies. All such activities take place inside principal or accessory buildings.
(185) Yard. An open space on the same lot with a principal building or structure extending between the lot line and the extreme front, rear or side wall of the main building or structure.
A. Yard, corner side. On a corner lot, the yard between the principal building and the side lot line adjacent to the street and extending from the front yard to the rear lot line.
B. Yard, front. The area across the full width of the lot between the front of the principal building and the front line of the lot.
C. Yard, rear. The area across the full width of the lot between the rear of the principal building and the rear line of the lot.
D. Yard, side. The area between the principal building and the side line of the lot extending from the front wall to the rear wall of the principal building.
(186) Zoning Administrator. The individual designated to administer the Development Code of the City of Rocky River, Ohio. A person designated by the Zoning Administrator may also perform duties of the Zoning Administrator.
(187) Zoning Certificate. A document issued by the Zoning Administrator authorizing the construction or alteration of a building or structure and/or use of a lot or structure in accordance with this Development Code.
(188) Zoning Map. An accurate map depicting the City of Rocky River, Ohio, and indicating the boundaries of the zoning districts established by this Development Code. The Zoning Map may also be known as the Official Zoning Map.
(189) Marijuana. Marijuana means marihuana as defined in Section 3719.01 of the Revised Code.
(Ord. 39-16. Passed 9-6-16; Ord. 81-17. Passed 5-29-18.)
(190) Medical Marijuana. Medical marijuana means marijuana that is cult ivated, processed, dispensed, tested, possessed, or used for a medical purpose.
(191) Adult Use Cannabis, Cannabis, Marijuana. Adult use cannabis or cannabis or marijuana means marijuana as defined in section 3719.01 of the Revised Code.
(Ord. 113-23. Passed 12-18-23)
1125.01 INTENT.
This Chapter sets forth the powers and duties of the Zoning Administrator, Planning Commission, Design and Construction Board of Review, Board of Zoning and Building Appeals, and the City Council with respect to the administration of the provisions of this Development Code.
1125.03 ZONING ADMINISTRATOR.
(a) Establishment. There is hereby established the position of Zoning Administrator. The Zoning Administrator shall act as the administrative officer for the purpose of effecting the proper administration of this Development Code.
(b) Powers and Duties. The Zoning Administrator shall have the following powers and duties:
(1) To enforce the provisions of this Development Code and interpret the meaning and application of its provisions;
(2) To issue zoning certificates as provided by this Development Code and keep a record of the same with a notation of any special conditions involved;
(3) To issue certificates of zoning compliance as provided by this Development Code and keep a record of the same;
(4) To review and act on sign applications, as provided for in Chapter 1193, Sign Regulations, according to the procedures, standards, and criteria stated in this Development Code;
(5) To accept, review for completeness, and respond to questions regarding applications upon which the Zoning Administrator is authorized by the provisions of this Development Code to review, including, but not limited to, amendments to the Development Code, development plan review, conditional uses, variances and appeals, and subdivision plats;
(6) To coordinate the City's administrative review of applications required by this Development Code, including, but not limited to, rezoning applications, development plan review, conditional use applications, variances, and subdivision plats;
(7) To maintain any records required by this Development Code including inspection documents, and records of all variances, amendments, conditional uses, development plan review, and similar use determinations;
(8) To make such records available for the use of Council, the Planning Commission, the Board of Zoning and Building Appeals, the Design and Construction Board of Review, and the public;
(9) To conduct or cause the inspection of buildings and uses of land to determine compliance with this Development Code;
(10) To determine the existence of any violations of this Development Code and cause such notifications of violations or stop work orders to be issued, or initiate such other administrative or legal action as needed to address such violations;
(11) To maintain in current status the "Official Zoning District Map" of the City of Rocky River; and,
(12) To hear and decide all other matters referred to and upon which it is required to pass by this Code.
1125.05 PLANNING COMMISSION.
(a) Establishment. The creation and composition of the Planning Commission shall be as provided for in the Charter of the City of Rocky River.
(b) Quorum. A quorum shall consist of a majority of the Commission members. Any action taken by the Commission shall require a majority vote of its members.
(c) Meetings. The Planning Commission may adopt rules and regulations in accordance with this Development Code as may be necessary to put into effect the powers and jurisdiction conferred herein or as conferred by the Charter of the City of Rocky River. The Commission shall keep a record of its proceedings and decisions. All meetings of the Commission shall be open to the public.
(d) Powers and Duties. For the purposes of this Development Code, the Planning Commission shall have the following powers and duties in addition to those conferred by the Charter of the City of Rocky River:
(1) To review and act on all development plans required by this Development Code;
(2) To review and take actions on conditional use certificates according to the procedures, standards, and criteria stated in this Development Code;
(3) To make a determination that a proposed use not listed or provided for in this Development Code is substantially similar to a principal or conditional use that is listed and provided for in this Development Code;
(4) To review all current and proposed amendments to this Development Code and make recommendations to City Council as provided in this Development Code;
(5) To investigate and propose on its own initiative such amendments to the Development Code, as it may deem consistent with the purposes of this Development Code and which further the public health, safety, and general welfare of the City of Rocky River;
(6) To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Chapter 1149, Establishment of Districts and Maps;
(7) To review and act on sign applications, as provided for in Chapter 1193, Sign Regulations, according to the procedures, standards, and criteria stated in this Development Code;
(8) To perform such other functions as are referred or delegated to it by the City Council or the Mayor; and,
(9) To hear and decide all other matters referred to and upon which it is required to pass by this Code.
1125.07 DESIGN AND CONSTRUCTION BOARD OF REVIEW/ARCHITECTURAL REVIEW BOARD.
(a) Intent. The appearance of buildings, structures, open spaces and landscape throughout the City is of public concern and in the public interest; therefore, provisions are established in this Section to achieve, among others, the following purposes:
(1) To conserve the attractive environment of the community and to guide future development to further improve the appearance of the community.
(2) To maintain community values, as well as individual property values, through the relationship of design among neighborhood properties.
(3) To assure that each new development shall be attractive within itself.
(4) To apply such concepts impartially according to design criteria of form, composition, color and materials.
(5) To carry out the objectives of the Plan of the City.
(b) Establishment, Organization and Proceedings. The creation and composition of the Design and Construction Board of Review shall be as provided for in the Charter of the City of Rocky River
(1) The Design and Construction Board of Review originally established by Ordinance 17-66, passed January 24, 1966, shall consist of three (3) regular members and two (2) alternate members, each of whom shall be residents of the City and shall be an architect or professional engineer duly registered and authorized to practice such profession in an under the laws of the State of Ohio.
(2) The members of the Architectural Review Board shall be appointed by the Mayor to three (3) year terms ending December 31 of a given year, arranged so that one (1) term of a regular member expires in each year, and so that the terms of alternate members do not expire in the same year. A vacancy in any unexpired term of a member or alternate member shall be filled in the same manner and for the same term as the original appointment. A chair and secretary shall be chosen by and from the regular members of the Architectural Review Board.
(3) In the event of the absence or temporary disability of any regular member, one (1) of the alternate members shall be designated by the Chair of the Architectural Review Board to serve during the temporary absence or disability, so that the number of members, regular and alternate, present and voting at any meeting shall be not less than two (2) nor more than three (3). During such time as the alternate member so serves in the place of a regular member, he shall have the same powers, perform the same duties and receive the same compensation as a regular member.
(4) The Board shall establish a schedule of regular meetings, and procedures for the calling of and giving notice of special meetings. If a proper application for a Zoning Certificate or design plan review, including all required documents is filed, it shall be considered and acted upon at the next regular meeting, unless an extension of time has been agreed to by the applicant or the application is deemed incomplete by the Zoning Administrator. When the application is deemed complete, the Zoning Administrator shall officially accept the application for consideration place it on the Board of Review's agenda
(5) All actions by the Architectural Review Board, including approval, approval subject to revisions, deferment for additional information or for a conference with the applicant or disapproval require the affirmative concurring vote of at least two (2) members voting on the action.
(6) A member of the Board shall not participate in the review of any work in which he, his partner or his professional associate has any direct or indirect interest.
(7) Compensation for the services of regular and alternate members, and provisions, if any, for the services of a compensated recording secretary, shall be as from time to time established by ordinance.
(c) Powers and Duties. For the purposes of this Development Code, the Design and Construction Board of Review shall have the following powers and duties:
(1) To review and act on all plans and specifications for the construction, alteration or relocation of any building or structure according to the procedures, standards, and criteria stated in this Development Code or in the Charter of the City of Rocky River.
(2) In making its determinations in accordance with the purpose of the Architectural Review Board and acceptable architectural principles, the Architectural Review Board shall have a duty to consider the elements of the application including, but not limited to:
A. Building massing, which shall include the relationship to the view's from the building and the building's scale and relationship to nearby buildings and pedestrian walkways;
B. Window treatment, which shall include the size, shape and materials of the individual window units and the overall harmonious relationship of window openings;
C. Exterior detail and relationships, which shall include all projecting and receding elements including but not limited to, porches and overhangs;
D. Roof shape, which shall include type, form, and materials;
E. Materials, texture and color, which shall include a consideration of material compatibility among various elements of the structure;
F. Compatibility of materials on the exterior;
G. Pedestrian environment, which shall include the provision of features which enhance pedestrian's visual perspective; and,
H. Any other factors necessary to fulfill the purposes of this Development Code and any other design criteria as set forth in this Code.
(3) To assist the City in establishing, if so requested, according to accepted and recognized architectural principles, additional design criteria to be applied in evaluating: the design, use of materials, finished grade lines, dimensions, orientation of all main buildings to be erected, moved, altered, remodeled or repaired, subject to the provisions of the Development Code and other applicable ordinances of the City.
1125.09 BOARD OF ZONING AND BUILDING APPEALS.
(a) Intent. The Board of Zoning and Building Appeals, referred to in the Development Code as the Board of Appeals, established by Article VI of the Charter, to achieve, among others, the following purposes.
(1) To provide an administrative board, independent from all other Municipal boards or commissions, to act in accordance with established procedures to hear and decide appeals as provided in the Charter.
(2) To provide a method for alleviating unnecessary hardship in unique circumstances.
(3) To provide for determinations and decisions which will sustain the constitutionality of the Development Code and be in compliance with the objectives of the plan of the City.
(b) Organization.
(1) The Board of Appeals shall consist of five (5) electors of the City not holding other office, appointment or employment in the government of the City, at least three (3) of whom shall be architects or professional engineers duly licensed or registered in and authorized by the State of Ohio to practice their profession. All members shall be appointed by the Mayor for a term of five (5) years and until their successors are appointed and qualified. A vacancy occurring during the term of any member shall be filled for the unexpired term in the manner authorized for an original appointment.
(2) The Mayor may remove any member for just cause in connection with the performance or nonperformance of his duties as a member. The absence of any member, for any reason whatever, from five (5) consecutive regular meetings of the Board of Appeals shall be cause for removal of such member by and at the discretion of the Mayor.
(3) The Board of Appeals shall elect at its first regular meeting in each calendar year, from among its members, a chair, a vice-chair and a secretary.
(c) Proceedings.
(1) The Board shall adopt rules necessary to conduct its affairs in keeping with the provisions of the Development Code and of the Charter, and in accordance with hearing proceedings provided by law. Copies of such rules shall at all times be available from the Zoning Administrator for distribution to persons requesting the same.
(2) The chair, or in his absence, the vice-chair, may administer oaths and has the power to subpoena and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be filed immediately in the office of the Zoning Administrator.
(3) The Department of Public Safety-Service or any administrator department of the City shall furnish to the Board necessary technical advice and services.
(d) Powers and Duties. For the purposes of this Development Code, the Board of Zoning and Building Appeals shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Administrator or another administrative official in the administration or enforcement of this Development Code, unless otherwise provided in this Development Code;
(2) To authorize such variances from the terms of this Development Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Development Code will result in practical difficulty or unnecessary hardship, and so that the spirit of the Development Code shall be observed and substantial justice done;
(3) To permit an existing non-conforming building or a building containing a non-conforming use to be structurally altered, rebuilt, expanded or enlarged in conformance with the provisions of this Code;
(4) To hear and decide appeals from decisions of the Design and Construction Board of Review; and,
(5) To hear and decide on all matters referred to and upon which it is required to by this Development Code.
1125.11 CITY COUNCIL.
Powers and Duties. For the purposes of this Development Code, the City Council shall have the following powers and duties:
(a) Hold public hearings and act upon proposed amendments to this Development Code including text amendments and amendments to the Official Zoning Map;
(b) Investigate and propose on its own initiative such amendments to the Development Code as it may deem consistent with the purposes of this Development Code and which further the public, health, safety, and general welfare of the City of Rocky River;
(c) Establish, by ordinance or resolution, a schedule of fees; and,
(d) To hear and decide all other matters referred to and upon which it is required to pass by this Code or the City's Charter.
1127.01 INTENT.
The purpose of this Chapter is to provide adequate review by the Planning Commission and the Design and Construction Board of Review of proposed developments in those zoning districts where the uses permitted are of such a nature, because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety, and general welfare of the community.
1127.03 DEVELOPMENT PLAN REVIEW REQUIRED.
Review of a preliminary development plan and a detailed development plan shall be conducted in compliance with the following:
(a) Development Plan Review Required. A development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs, and outdoor storage areas shall be required for the following:
(1) Cluster Residential developments;
(2) New construction of all permitted uses in the Golden Age, Single-family Attached, Multi-family, Business, Office, Mixed-use, and as well as Service Manufacturing districts;
(3) New construction of all non-residential permitted uses in Single-Family and Two-Family Residential Districts;
(4) New construction of all conditional uses; and,
(5) Any existing or previously approved development meeting the criteria of sub-sections (1) through (4) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use; increasing the number of dwelling units in a multi-family development; or changing the use in local and general business districts.
(b) Exceptions.Individually developed single-family detached dwelling units and individually developed two-family dwellings shall not be subject to development plan review. However, these uses shall seek and receive approval for a Zoning Certificate as specified in Chapter 1129, Zoning Certificates and Certificates of Zoning Compliance.
(Ord. 48-09. Passed 5-24-10; Ord. 84-17. Passed 7-30-18.)
1127.05 DEVELOPMENT PLAN PROCESS.
Development plan reviews should proceed and generally move in phases to include:
(a) Pre-application meeting with the Planning Commission;
(b) Preliminary development plan reviewed by the Planning Commission;
(c) Development plan review by the Design and Construction Board of Review; and,
(d) Detailed development plan review by the Planning Commission.
If an application requires a variance, see Section 1127.37.
1127.07 PRE-APPLICATION MEETING ENCOURAGED.
The applicant is encouraged to meet with the Planning Commission prior to submitting an application for preliminary development plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Development Code and the criteria and standards contained within. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.
1127.09 DEVELOPMENT PLAN REVIEW PROCEDURES.
Development plans, including preliminary and detailed, shall be reviewed and distributed according to the following procedures:
(a) Review for Completeness. Within ten (10) days after receiving an application, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning Commission's agenda or declare the application a Minor Alteration, as permitted by Section 1127.11
, if applicable.
(b) Distribution of Plans. When the Zoning Administrator determines that the application for preliminary or detailed development plans are complete, the Zoning Administrator shall forward the application to the appropriate City departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within ten (10) days from the date the application is deemed complete.
(c) Transmission to the Planning Commission. For Preliminary and Detailed Development Reviews, the Zoning Administrator shall distribute the application for development plan review and any reports prepared by the individuals in sub-section (b) above to the Planning Commission, at least four (4) days prior to the time of the Commission's review at their next regularly scheduled meeting.
1127.11 MINOR ALTERATIONS APPROVED BY ZONING ADMINISTRATOR.
When a minor alteration is proposed to an existing building, structure or site arrangement on a zoning lot otherwise subject to development plan review pursuant to Section 1127.03, the Zoning Administrator may approve the application as specified in this Section.
(a) For the purposes of this Section, a minor alteration shall include:
(1) Small, incidental alterations of existing off-street surface parking lots;
(2) Small, incidental construction of accessory structures;
(3) Incidental additions or alterations to principal buildings on large zoning lots; and,
(4) Minor design modifications that will have no discernible impact on neighboring properties, the public, or those intended to occupy or use the proposed development.
(b) The Zoning Administrator shall review the proposal to determine that the proposal is not contrary to and complies with all applicable regulations in this Development Code and will not result in any material adverse impact to the site or surrounding areas.
(c) After reviewing the application, the Zoning Administrator shall:
(1) Approve the development plan as submitted; or,
(2) Deny the development plan when the application does not demonstrate that the required standards have been met.
1127.13 PLAN SUBMISSION REQUIREMENTS.
For the submission requirements for preliminary and detailed development plans, see Chapter 1137, Submission Requirements.
1127.15 CRITERIA FOR REVIEWING OF PRELIMINARY DEVELOPMENT PLANS.
The Planning Commission shall review a preliminary development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants. In order to approve a preliminary development plan, the Planning Commission shall determine that:
(a) The plan is consistent with the Master Plan;
(b) The appropriate use and value of property within and adjacent to the area will be safeguarded;
(c) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property; and,
(d) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Development Code.
1127.17 CRITERIA FOR REVIEWING DETAILED DEVELOPMENT PLANS.
In reviewing detailed development plans, the Planning Commission shall review the development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants when reviewing the application. In order to approve a detailed development plan, the Planning Commission shall determine that:
(a) The plan is consistent with any plan for the orderly development of the City and, when applicable, conforms in all respects to the approved or provisionally approved preliminary development plan and the regulations of this Development Code;
(b) The appropriate use and value of property within and adjacent to the area will be safeguarded;
(c) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;
(d) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
(e) The development will have adequate public service, parking; and open spaces;
(f) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Development Code;
(g) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;
(h) Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
(i) Adequate provision is made for emergency vehicle access and circulation. Adequate provision is made for fire hydrants and fire fighting water supply;
(j) The proposed signs, if applicable:
(1) Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and,
(2) Adequately identify the use; and
(3) Are located to maintain safe and orderly pedestrian and vehicular circulation.
(k) Site lighting is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property;
(l) The landscape plan will adequately:
(1) Enhance the principal building and site;
(2) Maintain existing trees to the extent possible;
(3) Buffer adjacent incompatible uses;
(4) Break up large expanses of pavement with natural material; and,
(5) Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.
(m) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Development Code, and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters; and,
(n) If the project is to be carried out in progressive stages, each phase shall be so planned that the foregoing criteria are complied with at the completion of each phase.
1127.19 REQUEST FOR ADDITIONAL INFORMATION.
In their review of an application, the Planning Commission or the Zoning Administrator may request that the applicant supply additional information that the Commission deems necessary to adequately review and evaluate the proposed development.
1127.21 SIMULTANEOUS PLAT APPROVAL.
If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Title Three of Part Eleven of the City's Codified Ordinances. Detailed development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
1127.23 ACTION BY PLANNING COMMISSION.
(b) Following its review, for a preliminary or detailed development plan, the Planning Commission shall:
(1) Approve the development plan as submitted; or
(2) Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
(3) Deny the development plan when the application does not demonstrate that the required standards have been met.
(c) For a preliminary or detailed development plan, the Planning Commission may also postpone the development plan for the next scheduled Planning Commission meeting, demonstrating to the applicant an acceptable alternative plan.
(d) The City shall, by registered or certified mail, promptly furnish the applicant with its written report on the preliminary development plan or its decision on the detailed development plan.
(e) Failure of the Planning Commission to Act. Failure of the Planning Commission to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, the applicant may deem the application denied.
(f) Re-application after Denial. The Zoning Administrator shall accept no re-application for a development plan unless the re-application is based on a revised application that addresses the justification for the denial of the initial application. A re-application shall comply with all the requirements of this Chapter, including payment of the required fee. If an application is denied as a result of sub-section 1127.23 (e), Failure of the Planning Commission to Act, the Zoning Administrator shall accept a re-application for development plan review that has not been revised from the previous submittal.
(g) Issuance of Zoning Certificate. If the detailed development plan is approved or approved with conditions, the Zoning Administrator shall issue a Zoning Certificate pursuant to Chapter 1129, Zoning Certificates and Certificates of Zoning Compliance. However, the Zoning Certificate shall not be issued until:
(1) At the Zoning Administrator's discretion, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the City a security or performance guarantee approved by the City Engineer in the amount of the estimated cost of the required physical improvements as determined by the City Engineer. The agreement and the security shall provide for completion of all work within a time specified to be determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.
(2) The approval of the detailed development plan or the installation of improvements as required by this Development Code shall not obligate the City to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
(3) Prior to the issuance of a Zoning Certificate, the applicant shall furnish to the Zoning Administrator for his approval, a certificate establishing the name, address and registration number of the architect and/or engineer who, at the expense of the applicant, will be responsible for the inspection of the building or structure. Before a Certificate of Zoning Compliance may be issued, the supervising architect and/or engineer must provide to the Zoning Administrator a certificate that all phases of the facility or structure have been constructed in conformance with approved plans, documentation, and specifications.
1127.25 PUBLIC HEARING FOR PRELIMINARY DEVELOPMENT PLAN REVIEW.
For preliminary development plans, the Planning Commission shall hold a public hearing pursuant to the following:
(a) Mailed Notice. Notice of the public hearing shall be mailed to all owners of the property under review and all owners of property listed on the current tax list or the County Treasurer's mailing list within 150 feet of the subject property. The notice shall be deposited in the U. S. Mail at least seven days before the date of the public hearing. All notices shall include the following:
(1) The date, time, and place of the public hearing
(2) A description of the property involved in the application by street address or other means to appropriately identify the property;
(3) The nature, scope, and purpose of the application or proposal; and,
(4) Where additional information can be obtained.
(b) Property Notice. For Preliminary Development Plan Review, at least seven (7) days prior to the Commission's public hearing on the pending application, the applicant shall erect on the subject property a sign indicating the action or change proposed, and the date, time, and place of the public hearing. Failure to do so shall result in the cancellation or continuation of the scheduled public hearing.
(1) The Zoning Administrator shall determine the number of signs required, however, there shall be at least one (1) sign posted along each public right of way abutting the property. At least one (1) sign shall be posted every 300 feet along any single right-of-way. All signs must be clearly visible from the adjacent right-of-way and shall be no larger than 3 feet by 4 feet in size. For properties that lack any public right-of-way, all required signs shall be posted along at least two (2) property lines, as determined by the Zoning Administrator.
(2) The applicant shall have the responsibility to determine and provide adequate structural elements necessary to erect the sign on the property.
(3) All public hearing signs posted shall be removed from the property by the applicant within two (2) days after the Commission's public hearing.
(4) The temporary absence of any posted sign, due to vandalism or climatic conditions, shall not violate the intent of this section.
(c) Posted Notice. Notice of the agenda for a public hearing on a preliminary development plan before the Planning Commission shall be posted in a prominent place in City Hall at least seven (7) days before the date set for such hearing.
(Ord. 48-09. Passed 5-24-10.)
1127.27 APPROVAL BY DESIGN AND CONSTRUCTION BOARD OF REVIEW REQUIRED.
No application for a detailed development plan shall be approved by the Planning Commission unless first approved by the Design and Construction Board of Review. In reviewing development plans, the Design and Construction Board of Review shall review the development plan to determine if such application complies with the review criteria set forth below and in the applicable Chapters of this Development Code. The applicant is encouraged to meet with the Design and Construction Board of Review at the preliminary development plan stage of a project to discuss criteria and standards pertaining to this Development Code. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.
(a) In their review of an application, the Design and Construction Board of Review shall consider the following:
(1) The overall exterior appearance of any proposed building or structure;
(2) The height, build, and scale of any proposed building or structure with respect to building or structures in the immediate area;
(3) The exterior materials, colors and textures of any proposed building or structure with respect to their compatibility with other buildings and structures within the immediate area;
(4) The arrangement and location of any proposed buildings, structures or uses on the site, as well as their relationship to other buildings and structures within the immediate area; and,
(5) All other factors that affect the appearance of the site and the area.
(b) The Design and Construction Board of Review shall endeavor to insure that the exterior appearance of all buildings, structures, or uses will:
(1) Enhance the attractiveness and desirability of the area in keeping with its purpose and intent;
(2) Encourage the orderly and harmonious development of the area in keeping with its character;
(3) Improve residential amenities; and,
(4) Enhance and protect the public and private investment and the value of all land and improvements within the area.
(c) The Design and Construction Board of Review shall not attempt to prescribe the style of architecture as long as the architectural style and design under consideration meet the standards set forth in this Development Code.
(d) The Design and Construction Board of Review shall take one of the following actions:
(1) The Design and Construction Board of Review shall approve the development plan if the proposed plan is determined to be appropriate and in conformance with the review criteria outlined in this Development Code;
(2) The Design and Construction Board of Review may approve the development plan subject to reasonable requirements not included on the plan as submitted, to ensure that the development conforms to the intent and purposes of this Section. In such case, the Design and Construction Board of Review shall postpone the plan for the next scheduled Design and Construction Board of Review meeting so as to ensure that all reasonable requirements have been met; or
(3) The Design and Construction Board of Review shall deny the application if the plan is not found to comply with the specifications of this Development Code. The Design and Construction Board of Review shall indicate in its minutes the reasons for its action.
1127.29 SIGNIFICANCE OF AN APPROVED PLAN; PLAN REVISIONS.
(a) An approved detailed development plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved detailed development plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. A request for such a transfer or change of ownership shall be presented to the Zoning Administrator and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original, detailed development plan.
(b) All construction and development under any building permit shall be in accordance with the approved, detailed development plan. Any departure from such plan shall be cause for revocation of the Zoning Certificate and/or Building Permit, and the property owner or other responsible parties are subject to penalties as prescribed by this Development Code.
(c) Modification after Approval.
(1) Changes in an approved preliminary or detailed development plan shall be resubmitted for approval in accordance with this Chapter.
(2) Approval by the Planning Commission of a modification or amendment to a previously approved detailed development plan under the terms and provisions of this Chapter shall not extend or alter the one (1) year time limitation established by Section 1127.31
, which time shall continue to be measured from the date of approval of the original detailed development plan.
1127.31 EXPIRATION OF DEVELOPMENT PLAN APPROVAL.
An approved development plan shall remain valid for a period of twelve (12) months following the date of its approval, unless the Planning Commission authorizes a longer period at the time of approval.
(a) Preliminary Development Plan. If, at the end of that time, a detailed development plan has not been submitted to the Zoning Administrator, then approval of the preliminary development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with this Chapter.
(b) Detailed Development Plan. If, at the end of that time, construction of the development has not begun, then approval of such detailed development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this Chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.
1127.33 EQUIVALENCY PROVISION.
In reviewing the application, the Planning Commission may find that a detailed development plan either adheres or is equivalent to the requirements of this Development Code.
(a) The Planning Commission may consider elements of a detailed development plan to be equivalent to a requirement if:
(1) The proposed detailed development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district;
(2) Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and,
(3) The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
(b) It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this Section have been satisfied. When evaluating the application with respect to this Section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such a finding, the Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements in this Development Code.
(c) Approval under this Section is not a variance. Instead, this Section allows applicants to satisfy zoning requirements in ways not anticipated by the City.
1127.35 APPEALS OF PLANNING COMMISSION DECISIONS.
Decisions by the Planning Commission granting or denying approval of detailed development plans shall be final. Appeals shall be subject to review by the Board of Zoning and Building Appeals as provided for in the City's Charter, Article VI, Section 2, subparagraph (2).
(Ord. 84-17. Passed 7-30-18.)
1127.37 APPROVAL OF DEVELOPMENT PLAN REQUIRING VARIANCES.
If the development application requires approval of both a development plan and a variance, the applicant shall first seek preliminary development plan approval.
If the Planning Commission finds that any regulations, standards or criteria prescribed by the Development Code are inappropriate or inapplicable because of the unusual conditions of the proposed subject site or the character of the proposed development, and that an adjustment in such regulations, standard or criteria shall promote the public health, safety, property or general welfare and shall meet the criteria set forth in this Chapter, the Planning Commission may recommend to the Board of Zoning and Building Appeals that such adjustment be made.
1127.39 SIMILAR USES.
Within each zoning district established by the Development Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the district. To the extent that new types of uses are created and are not addressed by this Development Code, this Section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.
(a) Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:
(1) The proposed use is not prohibited in any other district;
(2) The proposed use is not listed as a permitted building or use in any other district;
(3) The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;
(4) The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.
(b) Assignment to Districts. If the Planning Commission approves the proposed similar use, then the similar use shall be added to those districts that allow the principal or conditional use that is most similar, as identified in the Planning Commission's determination.
1129.01 INTENT.
The administrative provisions of this Chapter establish the procedures for reviewing and acting upon applications for zoning certificates, including certificates of zoning compliance, in order to accomplish the purposes for which this Development Code is adopted.
1129.03 ZONING CERTIFICATE REQUIRED.
No building or structure shall be erected, constructed, enlarged, structurally altered, or moved in whole or in part, and no use of buildings or land shall be established or changed in the City of Rocky River prior to the issuance of a zoning certificate. A zoning certificate shall be issued only when the plans for the proposed use, building, or structure fully comply with the regulations set forth in this Development Code.
(a) A zoning certificate shall be issued under the following circumstances:
(1) Single-Family Detached & Two-Family Dwellings and Uses Accessory Thereto. An application for a single-family detached and two-family dwellings or use accessory thereto has been reviewed and approved by the Zoning Administrator according to the procedures of this Chapter, and when applicable, the dwelling has been reviewed and approved by the Design and Construction Board of Review. Any use accessory to a dwelling shall also, at the discretion of the Zoning Administrator, be reviewed and approved by the Design and Construction Board of Review.
(2) All Other Permitted Uses. An application for any other permitted use not described in sub-section (a)(1) above, has been reviewed and approved by the Planning Commission or the Zoning Administrator according to the development plan review procedures set forth in Chapter 1127.
(3) Variance Requests. All applicable applications have been reviewed and approved according to the provisions of this Code, and a variance from a requirement of this Development Code has been reviewed and approved by the Board of Zoning and Building Appeals, according to the procedures set forth in Chapter 1133.
(4) Similar Uses. An application for any use not specifically listed in this Development Code as a permitted or conditional use has been reviewed and approved by the Planning Commission according to the procedures set in Chapter 1125, Administrative Powers and Duties. If the similar use is classified as a conditional use by the Planning Commission, an application for a conditional use certificate shall be reviewed and approved, as required by this Development Code, prior to a zoning certificate being issued.
(b) Applications for zoning certificates are available in the Office of the Zoning Administrator. A completed application form accompanied by all other applicable submission requirements shall be submitted to the Zoning Administrator.
(c) Expiration of Zoning Certificate. All zoning certificates, except those for single-family detached and two family dwelling units, shall expire if work there under does not progress under a schedule at least as rapid as the following, unless the Planning Commission finds due cause to extend such deadlines:
(1) Six months from issuance, work shall have begun (e.g., ground shall have been broken)
(2) Two (2) years from issuance, work shall be complete as shown on the approved development plan.
(d) No zoning certificate for excavation, construction, or reconstruction shall be issued unless the plans, specifications, and the intended use or occupancy conform to the provisions of this Development Code.
1129.05 ZONING CERTIFICATE FOR A SINGLE-FAMILY DETACHED DWELLINGS AND TWO-FAMILY DWELLINGS OR USE ACCESSORY THERETO.
(a) Submission of Applications. An application for the construction or alteration of a single-family detached dwelling, a two-family dwelling, or use accessory thereto shall include the items set forth below.
(1) The completed application form, along with the application fee as established by the City.
(2) One copy of a general vicinity map.
(3) Copies of an accurate survey, legibly drawn, unless the Zoning Administrator determines that a plot plan is acceptable, including the items set forth in Chapter 1137, Submission Requirements.
(b) Review for Completeness. The Zoning Administrator shall review each submitted application to determine compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant, within five (5) days of receiving such application, of necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made.
(c) Action by Zoning Administrator. The Zoning Administrator shall evaluate the application for compliance with the applicable Development Code provisions within ten (10) days from the date it was determined to be complete. In evaluating the application, the Zoning Administrator may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Development Code.
(d) Notification. If an application has not been subject to review by the Board of Appeals and the Zoning Administrator has determined that the application for a Zoning Certificate meets the requirements of this Development Code, the Certificate shall not be issued until 1) the application therefore has remained on file in the office of the Zoning Administrator for public inspection for a period of ten (10) days, during which time the applicant for such Certificate shall place a sign on the property stating the nature of the work and improvements for which the Certificate is requested; and 2) the Zoning Administrator has fixed the reasonable time necessary to complete the building work, taking into consideration the time for completion estimated by the applicant, the nature of the work and the effect of seasonal and weather conditions. The sign placed on the property stating the nature of the work and improvements for which the Certificate is requested shall be of the size and type furnished by the City and located so as to be fully legible from the front lot line. Those applications for a Zoning Certificate for all structures shall not be issued without written notification by first class mail to all abutting property owners. This notification shall be made at least ten (10) days prior to the issuance of the Certificate. Should any property owner have an objection to the issuance of a Certificate, he shall file a written protest or complaint with the Zoning Administrator prior to the issuance of the Zoning Certificate in accordance with Section 1129.09
of this Chapter.
(e) Review by the Design and Construction Board of Review. If the Zoning Administrator finds that the application complies with the applicable regulations in this Development Code, the Zoning Administrator shall forward the application to the Design and Construction Board of Review who shall have seven (7) days, to determine compliance with the regulations in this Development Code. If the Design and Construction Board of Review approves the application, the Zoning Administrator shall issue a zoning certificate. If the Design and Construction Board of Review denies the application, the zoning certificate shall not be issued. The Zoning Administrator shall state on the application the reason for the denial and shall transmit one copy thereof to the applicant along with one copy of the plans, signed, dated and noted as disapproved, retaining the original application for the City's permanent record.
(f) Following the Zoning Administrator's review, the lapsing of the notification period required by sub-section 1129.05 (d) if applicable, and review by the Design and Construction Board of Review, the Zoning Administrator shall either:
(1) Approve. The Zoning Administrator shall issue a zoning certificate upon finding that the building, structure or use, as proposed, complies with the provisions of this Development Code; or,
(2) Deny. If it is determined by the Zoning Administrator that the proposed building, structure or use would violate one or more provisions of this Development Code, then the zoning certificate shall not be issued. The Zoning Administrator shall state on the application the reason for the denial, including the regulation(s) which would be violated by the proposed use, and shall transmit one (1) copy thereof to the applicant along with one (1) copy of the plot plan, signed, dated and noted as disapproved, retaining the original application for the City's permanent record.
1129.07 CERTIFICATE OF ZONING COMPLIANCE REQUIRED.
No land, new building, or structure shall be occupied or used, in whole or in part, and no change in the use of an existing building or structure, or any part thereof, shall be permitted, until a Certificate of Zoning Compliance has been applied for and issued by the Zoning Administrator. A Certificate of Zoning Compliance shall also be required prior to the use or occupancy of any building or land, if Section 1129.03, Zoning Certificate Required, requires said land or building to apply for and receive a Zoning Certificate.
(a) Certificate of Zoning Compliance shall be applied for and issued as follows:
(1) Occupancy of a Building. A Certificate of Zoning Compliance shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, changed in tenancy, or changed as to off-street parking or loading requirements may be occupied. A Certificate of Zoning Compliance shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection, to conform with the provisions of this Development Code and any other applicable City regulations, policies, and specifications.
(2) Occupancy of Land. A Certificate of Zoning Compliance shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A Certificate of Zoning Compliance shall be issued when it is determined, upon inspection, that the use conforms with the provisions of this Development Zoning Code.
(3) Change in Use of Non-conforming Building or Use. A Certificate of Zoning Compliance shall be required whenever a non-conforming building, structure, or land is changed to another nonconforming use, and shall not be issued until the Board of Zoning and Building Appeals has approved the change in accordance with the provisions of Chapter 1139 Non-conforming Uses, Lots, and Structures.
(b) An application for Certificate of Zoning Compliance shall include, in addition to the plans required for the Zoning Certificate, accurate information as to the size, location, drawings and description of the lot, the dimensions of yards and the use of land.
(c) The use and/or development of a building or land shall be inspected by the Zoning Administrator upon application for a Certificate of Zoning Compliance, by the owner or his agent, to determine whether such use conforms to all provisions of this Development Code, or if it is a lawfully existing non-conforming use.
(d) Action by Zoning Administrator. The Zoning Administrator shall evaluate the application and approve or deny it within ten (10) days from the date the completed application was submitted. In evaluating the application, the Zoning Administrator may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Development Code. Following the Zoning Administrator's review, the Zoning Administrator shall:
(1) Approve. The Zoning Administrator shall issue a Certificate Zoning of Compliance upon finding that the building, structure or use, as proposed, complies with the provisions of this Development Code, if the maintenance and performance guarantees have been provided, as applicable.
(2) Denial. If it is determined by the Zoning Administrator that the proposed building, structure or use would violate one or more provisions of this Development Code, then the Certificate of Zoning Compliance shall not be issued. Upon disapproval of any application, the Zoning Administrator shall notify the applicant in writing of the reasons for disapproval.
(3) Temporary Certificate of Zoning Compliance. Pending the issuance of a permanent Certificate of Zoning Compliance, a temporary certificate may be issued, to be valid for a period not to exceed (6) six months from its date, pending the completion of any required improvements, provided a performance guarantee or bond has been provided to the City from a banking institution of sufficient amount to cover the estimated cost of materials and labor and in a form acceptable to the Law Director.
(e) Certification. The Certificate of Zoning Compliance shall document that the building or proposed use of land or building conforms to the provisions of this Development Code.
(f) Records. A record of all applications and certificates issued shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
1129.09 CERTIFICATE PROTEST; REFERRAL TO BOARD OF APPEALS.
Where a written protest or complaint regarding an alleged error or misapplication of the Building or Planning and Zoning Code is filed with the Zoning Administrator relative to and prior to the issuance of a Zoning Certificate that he is about to issue, the Zoning Administrator shall not issue it, but is hereby directed to immediately refer the matter to the Board of Zoning and Building Appeals for a final decision. The complaint shall state the reason or basis for the protest. The Board of Appeals shall direct the Zoning Administrator in the matter. The Board's decision shall be made only after the complainant and applicant for the Zoning Certificate in question have an opportunity to be heard and shall be final and binding upon all persons concerned. When considering a written protest or complaint, the Board of Appeals shall consider whether the complainant has adequately documented any harm that may result from the proposed application for a Zoning Certificate. The burden of presenting evidence to the Board of Appeals that is sufficient to lead the Board of Appeals to conclude that the application should be denied shall be upon the complainant urging this position.
(Ord. 85-17. Passed 5.29.18.)
(Ord. 85-17. Passed 5.29.18.)
1131.01 INTENT.
When a proposed use is permitted in a zoning district as a conditional use, as set forth in the district regulations, a conditional use certificate is required and the application for such conditional use certificate shall be submitted and reviewed according to the guidelines outlined in this Chapter.
1131.03 PREAPPLICATION MEETING ENCOURAGED.
The applicant is encouraged to meet with the Zoning Administrator prior to submitting an application for a conditional use certificate. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within. However, no action shall be taken at such a meeting and no discussions, opinion, suggestions, or recommendations shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.
1131.05 SUBMISSION OF APPLICATION.
The owner or agent thereof, of property for which such conditional use is proposed shall file with the Zoning Administrator an application for a conditional use certificate accompanied by payment of the required fee. The application for a conditional use certificate shall disclose all uses proposed for the development, their location, extent, and characteristics and shall include the information required by this Chapter and Section 1137.17, Conditional Use Submission Requirements. A development plan and associated documentation, as required in Sections 1137.13 through 1137.15 unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and are waived in writing by the Zoning Administrator, shall be submitted.
1131.07 CONDITIONAL USE APPLICATION PROCEDURES.
(a) Review for Completeness. Within ten (10) days after receiving an application for conditional use certificate, the Zoning Administrator shall review the submitted application for completeness, payment of fees, and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made.
(b) Distribution of Plans. From the date the Zoning Administrator determines that the application is complete, the Zoning Administrator shall forward the application to appropriate City departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within ten (10) days from the date the application is deemed complete.
(c) Transmission to the Planning Commission. The Zoning Administrator shall set the date for the public hearing mandated by Section 1131.13
and distribute the application for conditional use certificate and any reports prepared by the individuals in sub-section (b) above to the Planning Commission, at least four (4) days prior to the time of the Commission's review at their next regularly scheduled meeting.
1131.09 REVIEW OF CONDITIONAL USE APPLICATION.
The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications and any testimony or representations presented to the Planning Commission, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Development Code. The Planning Commission shall review the application for a conditional use as follows:
(a) The Planning Commission shall review the application to determine if the establishment and operation of the proposed use complies with the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Section 1131.11 and Chapter 1183, Conditional Use Regulations, as well as any other applicable regulations in this Development Code;
(b) The Planning Commission shall review the development plan for the proposed conditional use according to the development plan review criteria set forth in Section 1127.15, Criteria for Reviewing Preliminary Development Plans, as applicable; and,
(c) The Planning Commission may require the applicant to submit such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice. A deposit from the applicant may be required for the above.
1131.11 GENERAL CRITERIA FOR ALL CONDITIONAL USES.
A conditional use and uses accessory to such conditional use shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards and regulations set forth in Chapter 1183, Conditional Use Regulations. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:
(a) The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the prevailing, existing, or intended character of the general vicinity;
(b) The establishment, maintenance, or operation of the conditional use will not endanger the public health, safety, or general welfare;
(c) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; and,
(d) The conditional use will be minimally impacted in the future by surrounding uses permitted by right that may be incompatible with the proposed conditional use.
When evaluating applications utilizing the above criteria, the Planning Commission should judge the appropriateness of the proposed conditional use based upon its anticipated impacts given the scope of the proposed use on the subject site understanding that the City has already accepted impacts normally associated with such a conditional use when the use was listed as a conditional use in the zoning district.
1131.13 PUBLIC HEARING AND NOTICE BY PLANNING COMMISSION.
The Planning Commission shall hold a public hearing on the proposed conditional use. Notice of such public hearing shall be given, by first class mail, to the applicant and to the property owners within 150 feet of the property on which the use is proposed. Failure of delivery of such notice shall not invalidate action taken on such application. All notices shall be deposited in the U. S. mail or published at least seven (7) days before the date of said public hearing. All notices shall set forth the time and place of the public hearing, the nature of the proposed conditional use, and where additional information can be obtained. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. Notice of the agenda for a public hearing on a conditional use application before the Planning Commission shall also be posted in a prominent place in City Hall at least seven (7) days before the date set for such hearing.
(Ord. 48-09. Passed 5-24-10.)
1131.15 ACTION BY PLANNING COMMISSION.
(a) The Planning Commission shall take one of the following actions:
(1) If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Section 1131.11 and the specific requirements in Chapter 1183, Conditional Use Regulations, the Planning Commission shall approve the conditional use certificate. As part of the approval, the Planning Commission may prescribe reasonable requirements on the proposed use to ensure that the development conforms to the intent and purposes of the District and this Development Code. The Planning Commission may approve the application for a conditional use without approving the submitted development plan or may condition such approval upon development plan approval pursuant to the requirements in Chapter 1127.
(2) If the proposed use is not found to comply with the specifications of this Development Code, the Planning Commission shall deny the application. The Planning Commission shall indicate in its minutes the reasons for its action.
(b) Failure of the Planning Commission to Act. If the Planning Commission fails to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the development denied.
1131.17 TERMS AND DURATION OF CONDITIONAL USE CERTIFICATE.
Following the Planning Commission's approval of an application for conditional use certificate, the Zoning Administrator shall issue a conditional use certificate.
(a) A conditional use certificate shall authorize a particular conditional use on a specific parcel for which it was approved. A conditional use certificate issued pursuant to this Chapter shall be valid only for the use and the operation of such use as specified on the certificate. The breach of any condition, safeguard or requirement shall constitute a violation of this Development Code. Approval shall automatically be void if, for any reason, the conditional use shall cease for more than 180 days.
(b) The conditional use certificate shall expire one (1) year from the date of enactment, unless:
(1) The detailed development plan is approved for uses that require a detailed development plan;
(2) Substantial progress in the establishment of the use is accomplished; or
(3) As otherwise specifically approved by the Planning Commission.
1131.19 REAPPLICATION.
The Zoning Administrator shall accept no re-application for a conditional use certificate unless the re-application is based on a revised application that addresses the justification for the denial of the initial application. A re-application shall comply with all the requirements of this Chapter and the Development Code, including payment of the required application fee.
1131.21 AMENDMENTS TO A CONDITIONAL USE PERMIT.
Procedures for the amendment of the conditional use permit shall be the same as for the original permit application, with the exception that minor changes thereto, as determined by the Zoning Administrator, shall not require the resubmission of a new conditional use permit application and may be approved by the Zoning Administrator. "Minor changes" to a conditional use permit shall include, but not be limited to, alterations or additions which do not increase the gross floor area of a building or the size of a structure by more than ten (10) percent at the time of application for an amendment and which do not otherwise modify the basic use or physical characteristics of the site.
1133.01 APPEALS TO THE BOARD OF ZONING AND BUILDING APPEALS.
Appeals to the Board of Appeals concerning interpretation or administration of the Development Code may be taken by any person aggrieved by a decision of the Zoning Administrator or by any officer or head of any department or division of the City affected by any decision of the Zoning Administrator. Such appeals shall be taken within twenty-one (21) days after receipt of such decision by filing with the Zoning Administrator and with the Board of Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Administrator shall transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
1133.03 INITIATION OF APPEAL.
Applications for appeal shall be filed with the Zoning Administrator, and such appeals shall be taken within twenty-one (21) days after receipt of such decision by filing with the Zoning Administrator and with the Board of Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Administrator shall transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(a) For the purposes of this Chapter, an applicant's request for a variance from the terms of this Development Code shall be considered as an appeal to the Board of Appeals, subject to the regulations set forth in this Chapter.
(b) A request for an appeal or a variance or other matters for which the Board of Appeals has the power to authorize shall be submitted by the owner of the property involved or a person having an interest in such property and acting under written authority of the owner.
1133.05 PUBLIC HEARING BY THE BOARD OF APPEALS.
When an application for appeal has been filed in proper form with the Board of Appeals and the application fee has been paid, the Zoning Administrator shall immediately place the request upon the calendar for public hearing before the Board of Appeals. The Board shall hold a public hearing within fifty (50) days after the receipt of a complete application for an appeal. The Board of Appeals may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person or by attorney.
1133.07 NOTICE OF PUBLIC HEARING.
Before holding the public hearing, notice of such hearing shall be provided pursuant to the following:
(a) Notice of the public hearing shall be given by posting notice of the agenda for a public hearing on an appeal or variance application before the Board of Zoning Appeals in a prominent place in City Hall at least seven (7) days before the date set for such hearing.
(b) Before holding the public hearing, written notice of such hearing shall be mailed by the Chairman of the Board of Appeals, or his delegate, by first class mail, at least seven (7) days before the day of the hearing to all parties in interest, and to all property owners within 150 feet of the applicant's property lines.
(c) All notices shall set forth the time, place, and nature of the public hearing.
(Ord. 48-09. Passed 5-24-10.)
1133.09 STAY OF PROCEEDINGS.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal is filed with the Administrator, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property, or unless such proceedings were implemented pursuant to Section 1141.21, Abatement of Violations. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Appeals or by a court of competent jurisdiction on application and upon notice to the Zoning Administrator from whom the appeal is taken, and on due cause shown.
1133.11 REVIEW OF APPEAL.
The Board of Appeals shall review the appeal. To aid in their review, the Board may transmit the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or expert opinions shall be compiled by the Zoning Administrator and transmitted to the Board of Appeals prior to the time of the Board's review.
1133.13 DECISION OF THE BOARD OF APPEALS.
Within its powers, the Board of Appeals may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit or certificate.
(a) The Board of Appeals shall render a decision on the appeal within thirty-five (35) days from the date of the hearing unless an extended period of time is mutually agreed upon by the applicant and the Board.
(b) The Board shall notify the appellant in writing of the decision of the Board.
(c) The Zoning Administrator shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep record of the Board's official actions.
(d) Any decision or order rendered by the Board of Appeals, under this Chapter or the Charter, that authorizes the issuance of a permit or certificate, shall be subject to the following limitations and restrictions:
(1) Such decision or order and the rights and conditions contained therein, shall apply only to the appellant whose application for a permit has been denied, and may not be assigned or transferred by such appellant to or for the benefit of any successor in interest. Any request for any such assignment or transfer shall be deemed a new matter and subject to the administrative review and variance procedures then in effect.
(2) Such decision or order shall become invalid and shall be considered null and void unless the construction of the project authorized by it shall have been substantially commenced within twelve (12) months of the date of such decision or order, or of the effective date of any required approval thereof by Council. In the case of new construction, the term "substantially commenced" means that the work shall have progressed at least to the completion of the foundation walls to grade level. Any request for an extension or continuation of such one-year limitation shall require that the original variance or appeal be reheard and considered as a new matter with evidence regarding current conditions and current code provisions considered.
(3) In the event that the construction is commenced as hereinabove provided, and then is suspended or abandoned for such a period of time as to invalidate the building permit or the Zoning Certificate under which the work is authorized, then such decision or order of the Board of Appeals shall become invalid simultaneously with the invalidity of such building permit or Zoning Certificate.
1133.15 REAPPLICATION OF APPEALS AND VARIANCES.
An application for a variance which has been denied by the Board of Appeals shall not be resubmitted for consideration for a period of one (1) year from the date of disapproval. Any application requesting authorization for substantially the same variance on a property as that which was considered and denied shall be subject to this limitation.
1133.17 VARIANCES.
The Board of Zoning Appeals may authorize upon appeal in specific cases a variance from the terms of this Development Code, based upon the standards set out in sub-section 1133.17(c), Review by the Board, 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 Board of Appeals upon the forms provided, and shall be accompanied by the submission requirements in Section 1137.19
, Submission Requirements for Variance Requests.
(b) Review for Completeness. Within ten (10) days after receiving an application for variance, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Board of Appeals' agenda.
(c) Review by the Board. According to the procedures established for appeals in Sections 1133.05
, 1133.07
, and 1133.13
, the Board of Appeals shall hold a public hearing and give notice of the same. The Board of Appeals shall review each application for a variance to determine if it complies with the purpose and intent of this Development Code and evidence demonstrates that the literal enforcement of this Development Code will result in practical difficulty or unnecessary hardship. The Board shall not grant a variance unless it shall, in each case, make specific findings of fact directly based upon the particular evidence presented to it from the factors below.
(1) Area Variance. The following factors shall be considered and weighed by the Board to determine practical difficulty:
A. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity; narrowness, shallowness or steepness of the lot; or proximity to non-conforming and inharmonious uses, structures or conditions;
B. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
C. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
D. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
E. Whether the variance would adversely affect the delivery of governmental services, such as water, sewer, or trash pickup;
F. Whether the property owner purchased the property with knowledge of the zoning restrictions;
G. Whether special conditions or circumstances exist as a result of actions of the owner;
H. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
I. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
J. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district; and,
K. Whether a literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.
(2) Use Variance. In order to grant a use variance, the Board of Appeals shall determine that strict compliance with the terms of this Code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the criteria in sub-section 1133.17
(c)(2) A. are satisfied. The applicant may further demonstrate hardship by use of the criteria in 1133.17 (c)(2) B.
A. The applicant shall demonstrate hardship with the following:
i. The variance requested stems from a condition that is unique to the property at issue and not ordinarily found in the same zone or district;
ii. The granting of the variance will not have any material adverse affect on the rights of adjacent property owners or residents;
iii. The granting of the variance will not have any material adverse affect on the public health, safety or general welfare of the City of Rocky River;
iv. The variance will be consistent with the general spirit and intent of the Code; and,
v. The variance sought is the minimum that will afford relief to the applicant.
B. The applicant may submit evidence and the Board of Appeals may also consider:
i. Whether the property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located; and,
ii. Whether, and the extent to which (if applicable), the hardship condition is not created by actions of the applicant.
(d) Requests for Additional Information. The Board of Appeals may request that the applicant supply additional information that the Board of Appeals deems necessary to review and evaluate the request for a variance.
(e) Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation punishable under Chapter 1141, Enforcement and Penalties.
(f) Action by the Board. The Board shall act according to the procedures established for appeals in this Chapter.
(1) The Board shall either:
A. approve,
B. approve with supplementary conditions, or
C. disapprove the request for appeal or variance.
(2) The Board shall further make specific findings of fact based directly on the particular evidence presented that the reasons set forth in the application and as presented by the applicant during the public hearing, justify the granting of the request that will make possible a reasonable use of the land, building, or structure.
(3) The Board shall have the power, in specific cases, to vary the application of certain provisions of this Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.
1133.19 APPEAL OF BOARD’S DECISION.
Decisions of the Board of Appeals shall be final as defined in Article VI, Section 2.(b)(1)(B) of the City Charter except that an appeal therefrom may be taken to Court in accordance with the laws of the State of Ohio by any proper and interested party including the City of Rocky River unless the Paragraphs below otherwise provide.
The City of Rocky River shall not have the right to appeal the decision of the Board of Appeals if a request for review is granted by Council pursuant to Article VI. Section 2.(b)(1)(B) City's Charter.
In addition, the City of Rocky River shall not have the right to appeal the decision of the Board of Appeals unless such variances granted by the Board exceed by 25% the parking or height requirements or by 5% of the density, land coverage, or open space requirements as called for and set forth in Part 11 of the Codified Ordinance of the City of Rocky River.
Further, the City of Rocky River shall not appeal any order, requirement, decision, or determination of the Department of Public Safety-Service or of any other administrative official or agency of the City relating to any building or structure or appurtenance connected thereto in the City of Rocky River when the Board of Appeals rules in favor of the City.
1135.01 AUTHORITY FOR AMENDMENTS.
The regulations imposed and the districts created under this Development Code may be amended from time to time by ordinance duly enacted by the City Council. No such amendment shall be adopted except in accordance with the procedures specified in this Chapter.
Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may by ordinance after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.
1135.03 INITIATION OF ZONING AMENDMENTS.
Amendments to the Development Code or Map may be initiated in one of the following ways:
(a) By adoption of a motion by the Planning Commission.
(b) By introduction of an ordinance in Council.
(c) By the filing of an application by the owner of the property or lessees of property or developers with an option or a signed purchase contract on such property within the area proposed to be changed or affected by said amendment. If the applicant is not the property owner, the property owner shall sign the application.
1135.05 AMENDMENTS INITIATED BY PROPERTY OWNERS.
An amendment initiated by the owners or lessees of property or a developer with an option or a signed purchase contact on such property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:
(a) Discussion with Planning Commission. Prior to submitting an application for an amendment to the Development Code, the applicant may appear before the Planning Commission to informally discuss the proposed amendment. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations of the Planning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval of the proposed amendment.
(b) Submission Requirements. An application for a zoning amendment may be obtained in City Hall The application for amendments to both the Development Code text and the Zoning Map shall be in such form and contain such information as shall be prescribed from time to time by the Zoning Administrator. The application shall also include the application fee, as set forth in the schedule of fees. For additional submission requirements, see Chapter 1137, Submission Requirements.
(c) Review for Completeness. The Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements within ten (10) days of receipt of such application. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the deficiencies and place the application on hold until complete. When the application is determined complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration.
(d) Transmittal to the Law Director & the Planning Commission. Upon receipt of such an application, the Zoning Administrator shall submit the proposal to the Director of Law who shall prepare an ordinance for submission to Council. After the introduction of the ordinance to Council, such ordinance shall be transmitted to the Planning Commission by the Clerk of Council.
1135.07 AMENDMENTS INITIATED BY THE PLANNING COMMISSION OR THE CITY COUNCIL.
After the passage of a motion by the Planning Commission or the introduction of an ordinance by the City Council, the motion or ordinance shall be reviewed and considered by the Planning Commission and the City Council according to the process set forth in this Chapter.
1135.09 PUBLIC HEARING AND NOTICE BY PLANNING COMMISSION.
(a) Upon the receipt of an application or ordinance or upon the passage of a motion, the Planning Commission shall set a date for a public hearing for reviewing the proposed amendment.
(b) In all cases, notice of such hearing (i) may be given by the Planning Commission by transmitting to the public by any reasonable means, including but not limited to text notification technology, email technology, social media technology, and/or web page format, and (ii) shall be given by the Planning Commission in at least one (1) publication in one (1) or more newspapers of general circulation within the City at least fifteen (15) days before the date of such hearing.
(c) If the proposed amendment intends to rezone or redistrict twenty (20) or less parcels of land, as listed on the tax duplicate, written notice of the hearing may shall also be mailed by the Planning Commission, by first class mail, at least seven (7) days before the date of the hearing, to all owners of property situated pursuant to Section 1135.13 (a)(2), to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mail list, and to such other list or lists that may be specified by Council.
(d) All notices shall include the time and place of the public hearing, a summary of the proposed amendment, a statement that the opportunity to be heard will be afforded to any person interested, and a statement that after the conclusion of such public hearing, the matter will be referred to Council with its recommendation.
(e) The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(Amended Ord. 7-24. Passed 5.13.24.)
1135.11 RECOMMENDATION BY THE PLANNING COMMISSION.
(a) After the conclusion of the public hearing required in Section 1135.09 and within sixty (60) days after receipt of such ordinance or application, unless a longer time is allowed by Council, the Planning Commission shall consider the criteria in Sections 1135.19 and 1135.21, as applicable, and recommend one of the following to City Council, in writing, along with the minutes of the hearing:
(1) That the amendment be granted as requested;
(2) That the amendment be granted as modified by the Planning Commission; or,
(3) That the amendment be denied.
(b) The Planning Commission shall transmit its recommendation to the Clerk of Council. The Clerk shall report its receipt to the Law Director, who shall prepare any necessary legislation.
(c) If the Planning Commission does not make a recommendation on the proposed amendment within forty-five (45) days after the public hearing, it shall be deemed that the recommendation of the Planning Commission is that the amendment be denied.
(d) All recommendations shall also be forwarded to the applicant, as applicable.
1135.13 PUBLIC HEARING AND NOTICE BY CITY COUNCIL.
Upon receipt of the recommendation from the Planning Commission, Council shall, within sixty (60) days, set a time for and conduct a public hearing on the proposed amendment. The Zoning Administrator shall collect a fee, pursuant to the City's adopted Fee Schedule/Ordinance which is available in the office of the Zoning Administrator, to offset the expense of advertising and notification required by Section 1135.13.
(a) Notice of the public hearing shall be given by Council according to the following:
(1) Notice of all public hearings (i) may be transmitted to the public by any reasonable means, including but not limited to text notification technology, email technology, social media technology, and/or web page format, and (ii) shall be published once a week and on the same day of each week for two (2) consecutive weeks in a newspaper determined by Council to be of general circulation within the City.
(2) If such adoption or amendment intends to rezone or redistrict twenty (20) or less parcels of land as listed on the current tax list and duplicate, then written notice of the time and place of the hearing shall also be mailed by the Clerk of Council by first class regular mail or in accordance with the Ohio Revised Code at least twenty (20) days prior to the date of the public hearing, to the owners of property within, abutting on and directly across the street from the parcel or parcels to be rezoned or redistricted and, in addition, to the owners of property which is contiguous to any of the aforesaid property which abuts on or is directly across the street from the
parcel or parcels to be rezoned or redistricted, to the addresses of such owners as such addresses appear on the County Auditor's then current tax list or the County Treasurer's mailing list. The failure to substantially comply with the foregoing public hearing and notice requirements shall invalidate any ordinance, map or regulation, which may be adopted. However, if no contest by litigation shall be filed raising the failure to comply with the foregoing public hearing and notice requirements within thirty (30) days following the effective date of such ordinance, map or regulation, then such ordinance, map or regulation shall be valid if there has been full compliance with the foregoing requirements of public hearing and notice. Until the completion of such thirty (30) day period, the Clerk of Council shall retain for public inspection all certificates of mailing which pertain to such ordinance, map or regulation. Failure of delivery of the mail notice shall not invalidate any ordinance, map or regulation which may be adopted.
(3) All notices, shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that the opportunity to be heard will be afforded to any person interested.
(b) At a public hearing, any interested person who desires to present reasons for or against the adoption of a proposed amendment shall be heard, subject to reasonable regulations of Council or rulings of the presiding officer. Council, by motion, may recess the public hearing from time to time, or adjourn such hearing to a specified time and place, but no further notice by mail or advertisement need be given. Council need not take final action on such proposed amendment on the day of such public hearing.
(c) During the twenty (20) days prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the recommendation of the Planning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.
(Ord. 104-21. Passed 12-20-21; Amended Ord. 7-24. Passed 5.13.24.)
1135.15 ACTION BY COUNCIL.
(a) Council's action shall:
(1) Adopt the recommendation of the Planning Commission;
(2) Deny the recommendation of the Planning Commission; or
(3) Adopt some modification thereof.
(b) Required Vote for Adoption.
(1) Council may adopt the proposed amendment by ordinance by the affirmative vote of at least a majority of the members of Council, provided the proposed ordinance was initiated by the Commission, or has received the prior approval of the Commission.
(2) If the proposed ordinance or any part thereof has been disapproved by the Commission, or if such ordinance has been modified by Council, then such ordinance may be adopted only upon the affirmative vote of two-thirds (2/3) of all members of Council.
1135.17 RESUBMITTAL OF PROPOSED AMENDMENT.
An application for an amendment to the Zoning Map which has not been approved by Council shall not be resubmitted for a period of one (1) year from the date of disapproval. An application which affects all or part of the same property may, however, be resubmitted within the foregoing limitation if it is substantially different from the one disapproved.
1135.19 AMENDMENTS TO TEXT.
When a proposed amendment would result in a change in the text of this Development Code but would not result in a change of zoning classification of any property on the Zoning Map, the Planning Commission and the City Council shall consider the following items when formulating its decisions:
(a) Whether such change is consistent with the intent and purposes of this Development Code and other adopted ordinances and policies;
(b) Which areas are most likely to be directly affected by such change and in what way they will be affected; and,
(c) Whether the proposed amendment is made necessary because of changed or changing conditions in the areas of zoning districts affected or in the city generally, and, if so, the nature of such changed or changing conditions.
1135.21 AMENDMENTS TO CHANGE ZONING DISTRICTS OR ZONING CLASSIFICATIONS OF PROPERTIES.
When a proposed amendment would result in a change of zoning classification for any property, the Planning Commission and the City Council should consider:
(a) Whether the change in classification would be consistent with the Master Plan of the City or other adopted plans and policies;
(b) Whether the change in classification would be consistent with the intent and purposes of this Development Code;
(c) Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and if so, the nature of such changed or changing conditions;
(d) Whether the uses that would be permitted on the property, if it were reclassified, would be compatible with the uses permitted on other property in the immediate vicinity;
(e) Whether the uses that would be permitted on the property, if it were reclassified, would have an adverse environmental or health impact on the immediate surrounding area in terms of acceptable air, noise, light, or water quality standards;
(f) Whether adequate utility, sewer, and water facilities, and all other needed public services exist or can be provided to serve the uses that would be permitted on a property, if it were reclassified;
(g) Whether the amount of vacant land with the same zoning classification as proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances, if any, that make a substantial part of such vacant land unavailable for development; and,
(h) Whether the proposed amendment would correct an error in the application of this Development Code as applied to the subject property.
1137.01 INTENT.
The intent of this Chapter is to provide guidance on the type of documents and information to be submitted to the City of Rocky River in order to receive approval for development proposals as well as conditional use, variance, zoning amendment, and appeals requests and review by the Design and Construction Board of Review.
1137.03 NUMBER OF COPIES OF DOCUMENTS TO BE SUBMITTED.
1137.05 WAIVER OF SUBMITTAL REQUIREMENTS.
The Zoning Administrator may waive any of the submittal requirements in this Chapter if, in his or her opinion, and based on recognized planning or engineering principles and in an effort to achieve the goals of this Chapter, they are unnecessary to determine compliance with appropriate codes and ordinances. Such waiver shall not be construed to authorize the reduction or waiver of any standard, regulation, or required improvement.
When the application is required by this Code to be submitted to the Planning Commission, the Zoning Administrator shall report such omissions or waivers, and their reasons therefor, to the Planning Commission and the Commission, by the affirmative vote of all members of the Commission in attendance at the meeting at which such omissions or waivers are considered, may approve such omissions or waivers. If the Planning Commission does not so approve, then the applicant shall supplement the plans as directed by the Planning Commission.
1137.07 REQUIREMENTS ARE MINIMUM.
These submittal requirement regulations are not intended to limit the information that may be needed or provided for a particular project; rather, they identify the minimum information which shall be provided.
1137.09 PLAN REQUIREMENTS ARE NOT IMPROVEMENT REQUIREMENTS.
These submittal requirement regulations are not intended as requirements to provide and/or install any specific improvements or create particular conditions. Rather, when such improvements and/or conditions exist, or are proposed to be included in the subject project, or are required to be included by other Municipal regulations, they shall be shown and detailed in the submittal information as herein required.
1137.11 SUBMISSION REQUIREMENTS FOR SINGLE-FAMILY OR TWO- FAMILY DWELLING ZONING CERTIFICATE.
An application for a zoning certificate for the construction or alteration of a single-family detached or two-family dwelling or use accessory thereto shall include the items set forth below and shall be submitted to the Zoning Administrator:
(a) The completed application form;
(b) One copy of a general vicinity map;
(c) A plot plan showing the following. Such plans shall be legibly drawn to scale and shall be based on an accurate survey.
(1) Zoning District;
(2) Property boundary lines and the exact dimensions and area of the lot to be built upon or utilized;
(3) Right-of-way of adjacent streets;
(4) Location, dimensions, height, and bulk of all structures to be erected or altered;
(5) The existing and intended use(s) of all land, buildings, and structures;
(6) Dimensions of yards, driveways, and parking areas;
(7) Location and use of buildings and adjoining lots within 10 feet of all property lines;
(8) Location and dimension of any easements and use of the easement;
(9) Lot numbers of the concerned and abutting properties;
(10) Each plan shall bear statements declaring that no part of the land involved in the application has been previously used to provide required setbacks or lot area for another structure;
(11) Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application; and,
(12) Any other pertinent data as may be necessary to determine and provide for the enforcement of this Development Code.
1137.13 PRELIMINARY DEVELOPMENT PLAN SUBMISSION REQUIREMENTS.
Pursuant to Chapter 1127
, Development Plan Review Procedures, an application for preliminary development plan review shall include a plan for the entire area of the proposed project and shall be submitted to the Zoning Administrator. The preliminary development plan and application shall be drawn to an appropriate scale and shall include:
(a) The completed application form, along with the application fee;
(b) A plan showing the approximate size and location of all existing buildings and related facilities, trees and landscape features and accompanied by a certificate of a registered professional engineer or registered surveyor as to the gross area of the proposed development area stated both in acres and in square feet;
(c) The proposed location, design and standards for construction of public and private streets, driveways, sidewalks, parking and loading areas, fire lanes and exterior illumination, the proposed location of utilities, including those existing and to be maintained or changed and those to be installed, and the proposed method and standards for the maintenance of private streets, driveways, open spaces, parking areas and common land, and for garbage and waste disposal;
(d) The general location of existing buildings, parking areas and access drives on parcels within 200 feet of the site;
(e) The proposed location of all buildings and facilities, including, if appropriate, those existing and to be retained, with proposed preliminary plans, if any, for their remodeling and improvement, identified by type, size, height and use;
(f) The location of existing and proposed topography, major vegetation features, and wooded areas;
(g) Any existing buildings or facilities to be removed;
(h) The general location of common open space, if applicable;
(i) Preliminary floor plans of proposed buildings and facilities and preliminary drawings showing the proposed landscape and grading plan;
(j) A summary table showing total acres of the proposed development, the number of acres devoted to each type of land use including streets and common open space, and the number of proposed dwelling units by type;
(k) A traffic circulation plan, an estimate of traffic volume to be generated by the proposed development and the proposed location and character of access from existing public streets;
(l) In the event a subdivision of the proposed development area is contemplated, the manner that the requirements of the platting and Subdivision Regulations of the City have been or will be complied with;
(m) Cost estimates for the completion of all proposed public improvements and private streets.
(n) Photographs of the subject property and adjacent properties; and,
(o) Other documentation needed for the evaluation of the preliminary development plan as may be needed to evaluate the general concept of the proposed development.
1137.15 DETAILED AND MINOR DEVELOPMENT PLAN SUBMISSION REQUIREMENTS.
Pursuant to Chapter 1127, Development Plan Review Procedures, an application for detailed development plan review shall be required for each phase of development. The application shall include the maps, plans, designs, and supplementary documents itemized below and shall be submitted to the Zoning Administrator. The detailed/minor development plan and application shall be drawn to an appropriate scale and shall include:
(a) The completed application form, along with the application fee for detailed development plans;
(b) An accurate, legal description prepared or certified by a registered/licensed surveyor of the State of Ohio;
(c) A property location/vicinity map showing existing property lines, easements, utilities, and street rights-of-way;
(d) A detailed/minor development plan, prepared by a qualified professional and drawn to an appropriate scale, indicating the following:
(1) Use, location, and height of existing and proposed buildings and structures;
(2) Location of common open space, if applicable;
(3) Location and configuration of vehicular circulation including off-street parking and loading areas; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; the location of signs related to parking and traffic control; and the configuration of pedestrian circulation throughout the site;
(4) Location of proposed and existing structures including fences, walls, signs, and lighting;
(5) Location and layout of trash receptacles;
(6) Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;
(7) Dimensions of all buildings, setbacks, parking areas, drives and walkways;
(8) Detailed plans and specifications for all public and private streets, driveways, sidewalks, parking and loading areas, and detailed plans of standards and methods for the maintenance thereof;
(9) Plan showing finished grades and the accurate location of all buildings and facilities, including those existing and to be retained, if any, with detailed plans, if any, for their remodeling and improvement, and detailed plans and specifications for each proposed building and related facility;
(e) Plat showing street right-of-way and easements and private driveways and common land, if any, and easements as required by City ordinances, which plat and easements shall, to the extent appropriate, be in proper form, except for execution, for recording;
(f) Topographic maps showing existing grading contours and major vegetation features including existing trees over six inches in diameter, wooded areas, wetlands, and other environmental features;
(g) Architectural plans for the proposed development showing exterior elevations and building floor plans, site construction materials, prepared and certified by an Ohio professional engineer, architect, or surveyor;
(i) Proposed landscaping and screening plans indicating the description of the location and nature of existing and proposed vegetation, landscaping, screening elements and any existing trees to be removed;
(j) Summary table showing total acres of the proposed development, the number of acres devoted to each type of land use including streets and common open space, and the number of proposed dwelling units by type;
(p) Revised cost estimates for the completion of all proposed public improvements and private streets;
(k) Construction schedule, and, if appropriate, land disposition and dedication program;
(l) In the event the detailed plan requires a subdivision of the proposed development area, a showing of compliance with the platting and Subdivision Regulations of the City;
(m) Photographs of the subject property and adjacent properties; and,
(n) Other information necessary for the evaluation of the detailed/minor development plan as deemed necessary by the Zoning Administrator or the Planning Commission.
1137.17 CONDITIONAL USE SUBMISSION REQUIREMENTS.
An application for a conditional use shall be submitted to the Zoning Administrator and shall include the items set forth below:
(a) Completed application form along with the application fee;
(b) Photographs of the subject property and adjacent properties;
(c) A list of all owners of property within, abutting on and directly across the street from the parcel or parcels on which the conditional use is proposed, and in addition, the owners of property which is contiguous to (touches upon) any of the aforesaid property which abuts on or is directly across the street from the parcel or parcels on which the conditional use is proposed, as such addresses appear on the County Auditor's then current tax list or the County Treasurer's mailing list; and,
1137.19 SUBMISSION REQUIREMENTS FOR VARIANCE REQUESTS.
An application for a variance shall be filed with the Zoning Administrator for review by the Board of Appeals upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
(a) Name, address, and phone number of applicant(s);
(b) Proof of ownership, legal interest, or written authority;
(c) Legal description of property or portion thereof;
(d) Identification of the zoning district in which the property is located;
(e) Description or nature of variance requested;
(f) Narrative statements establishing and substantiating the justification for the variance pursuant to the applicable criteria in sub-section 1133.17
(c);
(g) A plan, neatly and legibly drawn to adequately depict the information showing the following, where applicable:
(1) The street providing access to the lot and the exact location of the lot in relation to the nearest cross street;
(2) The name of the subject plan, if any, and the lot numbers of the subject and abutting properties;
(3) The actual dimensions of the lot, the setbacks and other open space dimensions thereof and the location and size of any existing structure thereon;
(4) The location and size of the proposed structure, and/or the proposed enlargement and existing structure;
(5) The location and size of the parking area and the circulation layout;
(6) The proposed landscaping, signs, and any other uses on the property;
(7) An elevation drawing for any proposed new structures or major additions;
(8) Any other information, including but not limited to floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance, which, in the judgment of the Zoning Administrator, may be necessary to provide for the enforcement of this Code;
(h) Photographs of the subject property and adjacent properties;
(i) Payment of the application fee;
(j) A list of all owners of property within, abutting on and directly across the street from the parcel or parcels on which the variance is proposed, and in addition, the owners of property which is contiguous to (touches upon) any of the aforesaid property which abuts on or is directly across the street from the parcel or parcels on which the variance is proposed, as such addresses appear on the County Auditor's then current tax list or the County Treasurer's mailing list; and,
(k) Any other documents deemed necessary by the Zoning Administrator or the Board of Appeals.
1137.21 SUBMISSION REQUIREMENTS FOR A ZONING AMENDMENT.
Applications for proposed amendments shall contain at least the following information:
(a) The name, address and phone number of the applicant and the property owner if other than the applicant;
(b) A statement of the reason(s) for the proposed amendment;
(c) A statement on the ways in which the proposed amendment relates to the Master Plan;
(d) The payment of the application fee;
(e) Amendments to the Zoning Map adopted as part of this Development Code shall contain the following additional information:
(1) Legal description of the parcel(s) to be rezoned, drawn by an Ohio registered/licensed surveyor;
(2) Present use and zoning district;
(3) Proposed use and zoning district;
(4) 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;
(5) A list of all owners of property within, abutting on and directly across the street from the parcel or parcels to be rezoned or redistricted, and in addition, the owners of property which is contiguous to (touches upon) any of the aforesaid property which abuts on or is directly across the street from the parcel or parcels to be rezoned or redistricted, as such addresses appear on the County Auditor's then current tax list or the County Treasurer's mailing list;
(6) Photographs of the subject property and adjacent properties; and,
(7) Existing topography at two-foot contour intervals of the property to be rezoned and extending at least 250 feet outside the proposed site, and including property lines, easements, street rights-of-ways, existing structures, trees and landscaping features existing thereon.
1137.23 SUBMISSION REQUIREMENTS FOR REVIEW BY THE DESIGN AND CONSTRUCTION BOARD OF REVIEW.
An application for review by the Design and Construction Board of Review, upon the forms provided, shall be accompanied by the following requirements:
(a) Site Plan: Drawn to scale, showing the lot size, building dimensions, front setback, side and rear setback dimensions, yard dimensions, walks and driveways, accessory structures, downspouts, drains and storm water disposal system. Show existing and proposed grade elevations if topography of lot is irregular or application is for a previously undeveloped lot. Locate patios, air conditioning condensers, swimming pools, retaining walls, fences, porches and other site improvements. Minimum scale: 1 inch equals 20 feet;
(b) Floor Plan: Drawn to scale, showing walls, windows, doors, and floor elevations. Minimum scale: 1/4 inch equals 1 foot;
(c) Foundation or Basement Plan: Drawn to scale, showing walls, windows, vents, doors, and floor elevations;
(d) Exterior Elevations: Elevations showing each side of the proposed building or addition, drawn to scale, showing downspout connections, chimney height, steps, platforms, etc. Minimum scale: 1/4 inch equals 1 foot;
(e) Heating Plan: Drawn to scale, showing the exterior location of all mechanical equipment or solar equipment. Air conditioning condensing unit must be shown on the site plan;
(f) Photographs. Photographs of the subject property and adjacent properties; and,
(g) Sample Building Materials. Color samples of roofing, siding and/or other exterior materials.
1137.25 SUBMISSION REQUIREMENTS FOR GENERAL DEVELOPMENT CONCEPT.
It is the intent of these regulations that the general development concept shall generally indicate overall design of the proposed development project. Information submitted should be comprehensive enough to enable understanding of the existing site and concept for the proposed development. The applicant shall submit the number of copies as determined by the Zoning Administrator. The information submitted should include the following:
(a) Completed Application Form along with the application fee.
(b) Vicinity Map indicating the location of the site in the city and the general location of principal thoroughfares.
(c) Regional Context Map. A map indicating the proposed site and all parcels within 2000 feet in all directions showing the basics of the proposed site layout, all property lines, general location of structures on all parcels, and existing land use on all parcels.
(d) Map of Existing Conditions and features drawn to scale, with accurate boundaries of the entire project and a north arrow, including the property proposed for development, all adjacent rights-of-way and 100 feet of property immediately adjacent thereto, indicating:
(1) Existing public improvements, permanent facilities, easements and property boundaries;
(2) Location of existing structures on the site and abutting properties;
(3) Physical features and natural conditions of the site including the location of streams, tree masses, open spaces, etc.;
(4) General topography;
(5) Existing zoning district boundaries and jurisdictional boundaries;
(6) Surface drainage and areas subject to flooding;
(7) Existing public and private utility systems;
(8) Regional transportation system.
(e) The General Development Concept Map, drawn to scale with accurate boundaries of the entire project and a north arrow, including the property proposed for development, all adjacent rights-of-way, and 100 feet of property immediately adjacent to the property boundary, indicating:
(1) Depiction of proposed land uses, including open space areas, indicating the approximate acreage by land use, density and type of buildings or dwelling units;
(2) The location of any lands to be dedicated to any public agency;
(3) The general circulation pattern;
(4) The relationship of the proposed project to the surrounding area
1139.01 INTENT.
The purpose of this Chapter is to recognize the existence of uses, buildings, lots and structures that lawfully existed at the time of this Development Code's enactment, or amendment thereto, but which now do not conform with one or more of the regulations contained in this Development Code. Non-conforming uses of structures and/or land are considered by this Code to be incompatible with the provisions applicable in the district in which such uses are located. In addition, it is recognized that there are lots, buildings, parking lots, signs, and other structures that do not conform to the zoning regulations in this Code. Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of non-conforming uses, non-conforming buildings/structures, and non-conforming lots are established in order to achieve the following purposes:
(a) To permit the continuance but control of non-conforming uses so as to minimize any adverse effects the uses might have on the adjoining properties and development;
(b) To continue the maintenance and repair of non-conforming uses;
(c) To restrict the rebuilding of non-conforming uses, if substantially destroyed;
(d) To require conformity if a non-conforming use is discontinued, to bring about eventual conformity of all uses in accordance with the objectives of the Master Plan and the Development Code of the City;
(e) To establish regulations for the development of sites containing non-conforming site conditions;
(f) To establish regulations for the development of non-conforming lots; and,
(g) To establish regulations for the use, restoration, reconstruction, and expansion of structures that do not conform to the standards set forth in this Development Code.
1139.03 LAWFUL NON-CONFORMANCE.
The provisions of this Chapter shall apply to any building, structure, land, site condition, or other use hereafter becoming non-conforming as a result of the adoption of this Development Code as well as amendments made to this Development Code or the Official Zoning Map.
(a) The lawful use of any dwelling, building or structure and of any land or premises as existing and lawful at the time of enacting this Code, or any amendments thereto, may be continued although such use does not conform to the provisions of this Code. The completion, restoration, reconstruction, extension or substitution of non-conforming uses shall be subject to the provisions and conditions set forth in this Chapter.
(b) A non-conforming lot, use, building or structure does not include non-conformity with regulations pursuant to a legally granted variance from a zoning regulation.
(c) Ordinary repairs, or repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a non-conforming structure or on any portion of a structure that contains a non-conforming use provided that the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.
1139.05 NON-CONFORMING USES OF BUILDINGS, STRUCTURES OR LAND.
A non-conforming use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following regulations:
(a) Change or Substitution to Another Non-conforming Use. A non-conforming use of a building, structure or land shall not be changed or substituted to another non-conforming use unless:
(1) Appeals. Board of Zoning and Building Appeals finds that the use proposed is equally appropriate or more appropriate to the district than the existing non-conforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing non-conforming use. In permitting such change, the Board of Zoning and Building Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Development Code and when made a part of the terms under which the change is granted.
A. Whenever a non-conforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive non-conforming use.
B. Whenever a non-conforming use is changed to a use permitted in the district in which the lot is located, it shall cease to be considered a non-conforming use. Upon such compliance, no non-conforming use shall be made, resumed or reinstated.
C. Violation of any conditions and/or safeguards prescribed shall be deemed a violation of this Development Code and shall be punishable under Chapter 1141, Enforcement and Penalties.
(2) An application is filed with the Board of Zoning and Building Appeals and such application includes payment of the fee established by the City.
(b) Land Occupied by Non-conforming Use.
A. Expansion of Non-conforming Use of Land. A non-conforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became non-conforming, unless otherwise specified.
B. Relocation of Non-conforming Use of Land. A non-conforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became non-conforming.
(c) Structures Occupied by Non-conforming Use.
(1) Extension of Non-conforming Use within Building. A non-conforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Development Code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such non-conforming use.
(2) Expansion of Building(s). No such building shall be enlarged or expanded to increase the non-conforming use, and no additional structures shall be constructed in connection with such non-conforming use unless the Board of Zoning and Building Appeals determines that the proposed changes, additions and/or improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible with the adjacent uses. In making this determination, the Board of Zoning and Building Appeals shall consider the following:
A. Hours of operation;
B. Volume and type of sales;
C. Type of processing activity;
D. Nature and location of storage;
E. Traffic generation by volume, type, and characteristics;
F. Parking and loading characteristics; and,
G. Noise, smoke, odor, glare, vibration, radiation, and fumes.
(3) Alteration or Reconstruction of a Building Occupied by a Non-conforming Use. No building or structure occupied by a non-conforming use shall be altered, improved, or reconstructed except when the use is changed to a use permitted in the district in which it is located, or upon prior approval of the Board of Zoning and Building Appeals and the Board of Appeals determines that the proposed changes, additions and/or improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible to the adjacent uses.
(4) Damage or Destruction. In the event a building or structure that is occupied by a non-conforming use is destroyed by any means to the extent of more than 50% of its replacement value, it shall not be rebuilt, restored or reoccupied for any use unless such use conforms to the use regulations of the district in which the building or structure is located.
(d) Discontinuance of Use. Whenever a non-conforming use of a building, part of a building, lot or part of a lot is discontinued for one (1) year, such discontinuance shall constitute voluntary abandonment of such use and any subsequent use of the building, part of a building, lot or part of a lot shall conform to the use regulations specified by this Code for the district in which such land is located.
1139.07 NON-CONFORMING BUILDINGS AND STRUCTURES.
A non-conforming building or structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Enlargement, Repair, and Alterations. A non-conforming building or structure may be enlarged, maintained, repaired, or structurally altered provided the additions are made to conform to all the regulations of the district in which it is located. However, no such enlargement, maintenance, repair, or structural alteration shall either create any additional non-conformity or increase the degree of the existing non-conformity of all or any part of such building or structure with respect to the regulations in this Development Code.
(b) Moving. No building or structure which is non-conforming under this Development Code shall be moved in whole or in part to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the district in which it is located after being moved.
(c) Restoration of Damaged Building or Structure. If a non-conforming building or structure is damaged or destroyed by any means, those portions so destroyed or damaged may be restored to the original footprint and floor area of the building or structure, provided the reconstruction is begun within six (6) months of the damage or destruction. Any restoration that exceeds the original footprint and/or floor area shall comply with sub-section 1139.07
(a), Enlargement, Repair, and Alterations.
(d) Change in Principal Use of Building. The principal use of a non-conforming building may be changed to any other use permitted in the district in which it is located so long as the new use complies with all regulations of this Development Code specified for such use, except the regulations to which the building did not conform prior to the change in use.
(e) Variances from district regulations on area, lot coverage, lot width, height, setbacks, location on the lot may be granted by the Board of Zoning and Building Appeals where necessary and where such appeal for a variance meets the requirements of sub-section 1133.17 (c)(1), Area Variance.
1139.09 NON-CONFORMING LOTS.
A lot of record that, on the effective date of this Development Code, or any amendment thereto, does not comply with the lot area and/or lot width regulations of the district in which the lot is located may be used as follows:
(a) Existing Buildings on Non-Conforming Lots of Record.
(1) Existing Building on a Non-residential Non-Conforming Lot. If a non-conforming lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Development Code, except the lot area and lot width regulations of the district in which the lot is located.
(2) Existing Dwelling on a Residential Non-Conforming Lot. If the lot is occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Development Code, except for the lot area and lot width regulations of the district in which the lot is located.
A. Structural alterations or extensions of a residential structure which is non-conforming only by reason of lot size or lot width shall be permitted in accordance with all applicable regulations of the Development Code and upon approval by the Zoning Administrator.
B. The number of dwelling units shall not be increased unless all regulations, including lot area, are complied with.
(b) Vacant Non-conforming Lot(s) of Record.
(1) Non-conforming Lot(s) of Record in a Residential District. A non-conforming lot in a Single-family or Two-family Residential District that is in separate ownership and not of continuous frontage with other lots in the same ownership shall be permitted to be developed as a site for a single-family detached dwelling and customary accessory buildings provided:
A. Such dwelling and its accessory uses shall comply with all regulations of this Development Code, except for the lot area, lot width and side setback regulations of the district in which the lot is located. Each side setback shall be a minimum of five (5) feet.
B. Review and approval of development on such lots of record shall be conducted according to the procedures set forth in Section 1129.05, Zoning Certificate for Single-family Detached Dwellings & Two-family Dwellings & Use Accessory Thereto.
C. There is evidence of adequacy of all required utilities and services from all applicable approving authorities.
D. Variances of requirements from district regulations other than lot area or lot width shall be obtained through action of the Board of Zoning and Building Appeals as provided in Section 1133.17 (c)(1), Area Variance.
(2) Vacant Non-conforming Lot in a Multi-family or Non-residential District. A vacant non-conforming lot in a Multi-family District or non-residential district may be used for any use permitted in the district in which it is located when the development of such lot meets all requirements of the district in which it is located, including the maximum lot coverage and minimum setback requirements, except for the minimum lot area and lot width requirements, except that no use that requires a greater lot size than the established minimum lot size for a particular district shall be permitted on a non-conforming lot. Review and approval of development on such lots of record shall be conducted according to the development plan review requirements set forth in Chapter 1127.
1139.11 NON-CONFORMING SIGNS.
A sign, lawfully existing at the time this Development Code, or any amendment thereto, became or becomes effective, but which does not comply with the sign regulations of the district in which it is located is a non-conforming sign. Non-conforming signs shall comply with the regulations set forth in Section 1193.09, Regulations for Non-conforming Signs.
1139.13 NON-CONFORMING PARKING FACILITIES.
For a building or use existing lawfully at the time of this Development Code, or an amendment thereto, became or becomes effective, but which does not comply with the off-street parking regulations, see Section 1187.37, Non-conforming Parking Facilities.
1139.15 NON-CONFORMING SITE CONDITIONS EXISTING AT TIME OF DEVELOPMENT PLAN REVIEW.
If a non-conforming site condition(s) exists when a revised development plan is required pursuant to Chapter 1127, then such site condition(s) shall be brought into compliance with district regulations, unless the Planning Commission determines that such conformance cannot be reasonably achieved because of existing site conditions. Existing site conditions include, but are not limited to, the existing lot configuration and patterns of surrounding development; inability of the applicant to acquire additional property; location of the existing structures on the site in question; the location of parking and access on the site in question, and the location of utilities both on and off-site. In such case, the Planning Commission shall approve a development plan that reduces the existing non-conforming site condition(s) to the maximum extent practicable.
1139.17 EXISTING USE DEEMED CONDITIONAL USE; PERMIT REQUIRED FOR CHANGE.
Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of this Development Code, or amendment thereto, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conditional use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in operations shall only be permitted upon review and approval by the Planning Commission according to the procedures for conditional uses set forth in Chapter 1131.
1139.19 COMPLETION OF CONSTRUCTION WITH ZONING CERTIFICATE.
Nothing in this Development Code shall prohibit the completion of the construction and use of buildings for which a Zoning Certificate or Building Permit has been issued prior to the effective date of this Development Code, or amendments thereto, provided construction shall start within one (1) year of the issuance of the Zoning Certificate or Building Permit is carried on diligently and without interruption and the entire building shall be completed within one (1) year after the start of construction. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.
1141.01 INTENT.
The intent of this Chapter is to provide measures for the enforcement of the Development Code where there is noncompliance and to keep records of actions in regard to the enforcement of the Code.
1141.03 ENFORCEMENT BY ZONING ADMINISTRATOR.
The duty of enforcing the provisions of the Development Code is hereby conferred upon the Zoning Administrator, and the Administrator may promulgate rules and regulations to supplement and be consistent with this Development Code. After certification by Council, such rules shall have the same force and effect as other provisions of the Development Code.
1141.05 VIOLATION CONSIDERED A NUISANCE.
Any building or structure erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any provision of this Development Code may be declared to be a nuisance.
1141.07 VIOLATIONS.
It shall be unlawful to:
(a) Use or occupy any land or place; build, erect, alter, remodel, restore, or rebuild thereon any building or structure; permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Development Code; or
(b) Use or occupy any parcel of land; use or occupy a new building; or enlarge, substitute, or otherwise change the use, occupancy, or configuration of any land or building, without having received a zoning certificate, conditional use certificate, certificate of non-conforming use, or certificate of zoning compliance, as applicable, indicating compliance with the provisions of this Development Code from the Zoning Administrator; or
(c) Aid, assist, or participate with any person in placing, building, erecting, altering, remodeling, restoring, or rebuilding any building or structure which is not permitted by the provisions of this Development Code; or
(d) Violate or fail to perform any condition, stipulation or safeguard set forth in any certificate, permit, or approval issued pursuant to this Development Code, or continue to use or occupy the premises or building as previously authorized by such certificate, permit or approval beyond the duration limit therein stated; or
(e) Continue construction, renovation, or improvements contrary to a Stop Work Order or Notice of Violation; or
(f) Refuse to permit the Zoning Administrator to enter any premises in the City to investigate a reported violation of the provisions of this Development Code; or
(g) Knowingly make any materially false statement of fact in an application to the Zoning Administrator for development plan approval, a zoning permit, conditional zoning certificate, certificate of non-conforming use, or certificate of zoning compliance, or in the plans or specifications submitted to the Zoning Administrator in relation to such application.
(h) Permits or certificates issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this Development Code.
(i) For any permit or certificate issued under this Development Code, all work shall be completed within the time fixed by this Development Code. Failure to so complete shall constitute a violation of this Code. However, upon application, the Zoning Administrator may extend the completion date for delays caused by conditions beyond the control of the owner or contractor or for other good and sufficient reasons.
1141.09 INSPECTION AND ORDER FOR REMOVAL OF VIOLATION.
The Zoning Administrator is hereby empowered to enter any premises at a reasonable time to inspect a reported violation of this Code, examine and to order, in writing, the remedying of any conditions found to exist in violation of any provisions of this Development Code. After such an order is served or posted on the premises, no work, except to correct or comply with such violation, shall proceed on any building or tract of land included in the violation.
1141.11 FAILURE TO OBTAIN CERTIFICATES AND ORDERS.
(a) Work Without Necessary Approvals. No person or corporation shall proceed with any construction or excavation or commence occupancy or use of any premises that has not been authorized by a permit and/or a certificate. When the required permit or certificates are not obtained prior to the start of work, the fees for permits or certificates shall be tripled. In addition, a five hundred dollar ($500.00) charge shall be assessed against any contractor, developer, architect or other professional who serves as representative applicant for the real property owner or who begins construction or excavation or facilitates occupancy or use of any premises that has not been authorized by a permit and/or certificate. Any such construction, excavation, use, or occupancy shall constitute a violation of this Development Code and shall be punishable as provided for this Chapter.
(b) Stop Work or Cease and Desist Orders. If the Zoning Administrator finds that any construction, reconstruction, use or occupancy of any building, structure, or land is being done or has been done contrary to this Development Code, the Zoning Administrator shall immediately issue a "Stop Work" order if the work is under construction, and/or an order to "Cease and Desist" the use or occupancy of all or any part of a building, structure, or lands which were built, constructed or used or are being used in violation of the laws of the City of Rocky River. Such "Stop Work" order or "Cease and Desist" order shall remain in full force and effect until the owner has obtained all required permits and has paid the required additional fees and fines.
(Ord. 92-19. Passed 12-16-19.)
1141.13 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Development Code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint, immediately investigate and take action thereon as provided by this Code.
1141.15 NOTICE OF VIOLATION.
Upon becoming aware of any violation of any provision of this Development Code, the Zoning Administrator shall serve notice of such violation on the person or corporation committing or permitting said violation, and if such violation has not ceased within such reasonable time as the Zoning Administrator has specified in such notice, the Zoning Administrator shall institute such action as may be necessary to terminate the violation and compel compliance.
1141.17 PERMIT OR CERTIFICATE REVOCATION.
The Zoning Administrator may issue a revocation notice to revoke a certificate, permit, or approval that was issued contrary to this Development Code or based upon false information or misrepresentation in the application. The certificate, permit, or approval shall be revoked by notice, in writing, to be delivered to the holder of the void certificate, permit, or approval upon the premises concerned by certified mail to the last known address of such holder. Any person who proceeds thereafter with such work or use without having obtained a new certificate, permit, or approval in accordance with this Development Code shall be deemed guilty of violation thereof.
1141.19 OFFENSE FOR NONCOMPLIANCE.
A person or corporation shall be guilty of a misdemeanor where any violation of any of the provisions of this Development Code exists in any building or tract of land, and an order to remove any such violation has been served on the owner, agent, lessee or tenant of the building or tract of land, or part thereof, or upon the architect, builder, contractor or any person who commits or assists in any such violation; and such person shall fail to comply with such order. Upon conviction thereof, such person may be fined in an amount not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
1141.21 ABATEMENT OF VIOLATIONS.
Any building or structure erected contrary to any of the provisions of this Development Code, and any use or occupancy of any building or land which is conducted, operated, or maintained contrary to any provisions of this Development Code shall be and the same is hereby declared to be unlawful. The Mayor or Zoning Administrator may initiate injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate, or remove such violations. (Ord. 93-19. Passed 12-9-19.)